Distributorship agreement of Fine Indisales Pvt. Ltd.

The following are the terms and conditions to become the distributor of Fine Indisales Pvt. Ltd.
"Distributor" refers to you,
And
"Fine India" refers to FINE INDISALES PVT LTD, 91 A Wajidpur Jajmau, Kanpur Uttar Pradesh India.

Distributorship

1. Fine India accept payments against its products only and issue the PVC (payment verification code) immediately to the person who sent the payment when it is verified but acknowledge the payment only when the online purchase account has been setup hence Distributors will not get any benefit until the online purchase account has been setup.
2. Fine India will only be responsible for sending the PVC to the Email address of the person who made the payment and it is the soul responsibility of distributor to setup the online purchase account immediately because Fine India only recognize details according to the online purchase account hence Fine India will not be liable for any loss of income or commissions due to the late setup of online purchase account.
3. The minimum amount of purchase to become Fine India Distributor is Rs. 10000.00, but to get the binary commission you must have a minimum purchase of Rs. 50000.00.
4. Distributor can also top up their purchase account in multiple of Rs. 10000.00 which will be affected from 1st of the next month.

Purchase

1. Fine India acknowledges the payment of Rs. xxx .xx has been received from the Distributor whose Fine ID is 00000000 against the purchase of our products.
2. Fine India will provide a purchase account under the login section of our website www.fineindia.net and this payment will reflect in terms of Purchase amount.
3. Distributor has to take the printout of the agreement from the login section and after signing on all the pages, has to send to the company along with their copy of PAN and address proof to become a verified Distributor. Distributor further understands that verification is must to receive the payout from the company, in case of delay in verification Fine India will hold the payout until the verification process is being done.
4. Fine India will give an online product voucher of the purchase amount to all Product Mode Distributor by which Distributor can redeem his/her voucher with the product from the company.
5. Product mode payment has been received for our products, where as for policy mode, Distributor will receive a policy of Bajaj Allianz Life Insurance Company Ltd. . and can avail the benefits of Fine India for a maximum of 5 years only.
6. Distributor may apply for 100% refund just after next month of his purchase in between 20th and 24th of the month and Fine India will process the refund on 5th of the next month according to our refund policy. Note, refund can be applied from the company for the purchase of product mode only and for Policy Mode, refund will be as per the terms and conditions of Bajaj Allianz Life Insurance Company Ltd.

Benefits

1. Product Mode Distributor will get up to 25% Promotional Income on their purchase where as Policy Mode Distributor will get up to 12% per month. However for Product mode, we have not given less than 10% any month and we will try our level best to give maximum Promotional Income which is above than 10% up to 25% every month.
2. Our past record shows that for Product Mode, we haven’t given Promotional Income less than 10% for any month and for the same, we will try our level best to give every month, however it may vary because it depends upon the performance, policy and economic growth of the company and for the same distributor will be informed through our website at the time of happening.
3. Distributor will also get Direct Commission and Binary Commission according to our plan as mentioned in our website www.fineindia.net.
4. Distributor who has purchase account of less than 50000 will not get Binary Commission.
5. Top up purchase will also be considered as a new Business and all the benefits according to the plan will be given.
6. Fine India will only provide it's services for 5 years from the date of agreement and for further continuation for the same services will only be possible with new agreement.

Affiliation

1. Distributor agrees that a Fine India Distributor is an independent contractor, and not an employee, agent, partner, legal representative, or franchisee of Fine India. Distributor further agrees not to incur any debt, expense, obligation on behalf of, for, or in the name of Fine India.
2. Distributor must be of 18 years old or above.
3. All Distributor applications are subject to approval by Fine India hence it may be rejected even after the online joining procedure is being done and their money will be refunded.
4. Unlimited Distributors within the same household are allowed.
5. Distributor agrees to present Fine India business Plan and Fine India products and services as set forth at the official Fine India website. Distributor will make no claims regarding potential income, earnings, products or services beyond what is stated at the official Fine India website. Distributor further agrees not to reproduce commission checks or distribute commission checks in any form or by any means.
6. Distributor agrees not to disparage Fine India, other Fine India Distributors, Fine India products, Fine India business plan, Fine India employees or Fine India independent contractors. Distributor understands that disparagement may result in the immediate suspension or termination of Distributor’s purchase account with a cancellation of any pending commissions.
7. Distributor understands that the information given on the website www.fineindia.net is the latest and it will only be applicable regarding our plan, products and services. Distributor further understands that any printed material regarding our plan, product and services which is available in the market may have been outdated, so please visit our website frequently for latest updates regarding our plan, products and services.
8. Distributor agrees to not utilize SPAM in promoting Fine India. This action may result in the immediate suspension or termination of Distributor account with a cancellation of any pending commissions. Distributor will also be in violation of the Fine India Distributor Agreement and subject to legal action and be held liable for any financial loss incurred by Fine India. Any service interruptions to Fine India as a result of Distributors spamming will be billed to Distributor at Rs.10000 per hour until service is restored. For the purpose of this agreement SPAM is defined as emailing ANYONE, in bulk or by single mailing, about Fine India, who has not specifically requested the information directly from Distributor. The ONLY exceptions to this are:
Mailing to APPROPRIATE OPT-IN mailing lists where the source does the mailing on Distributor's behalf AND you do not advertise an Fine India-provided Gateway URL.
However, use extreme caution when choosing an opt-in mailing list company! Using anything but the most reputable sources could generate spam complaints against Distributor resulting in suspension or termination.
You may include information on Fine India in email Acknowledgement Messages for orders and inquiries that you receive so long as it is stated upfront that you will be sending them an acknowledgement. Fine India also considers ANY type of advertisement about Fine India posted to a Newsgroup or Chat Room to be spam. Violators may be fined at Rs.2500 per incident.
9. Distributor agrees to provide Fine India with a valid email address, postal address, a copy of PAN card and address proof upon registration. Distributor understands that the use of an Auto-Responder email address is prohibited.
10. All payments will be made in Indian Rupees, Distributor commissions shall normally be paid by company check or account transfer and sent out monthly If a sale is cancelled or refunded, the related commission will be deducted from a subsequent payment. The minimum commission check that will be sent out is Rs.1000 (after processing fee). Payments will be made after the deduction of TDS according to Indian law. Payout will be sent through courier to the address provided by the distributor if bank account has not been updated. Fine India will not be lyble for delay in service of the courier company however distributor will be provided the docket or consignment number from the office to track their packet. Providing the wrong address or bank account may cause delay of payout for 1 month and Fine India will not be lyble for the same.
11. Fine India can not guarantee for above mentioned income, and commissions but the past records of Fine India prove that those returns are possible and can be given. However, Fine India will try its level best to fulfill all its assurance in terms of income, commissions, products and services.
12. Distributor may not use their knowledge of, or association with other Distributors other than those personally referred to further any business undertaking other than Fine India. is set up properly to qualify for commissions.
13. Distributor agrees to receive Fine India email, including but not restricted to sales reports, training, newsletters, plus messages from Distributor's Team.
14. Contact information (email address, phone number, address, etc.) will be provided to your Referrer (the person who directly referred you to Fine India). Contact information is not disclosed to any other party.
15. Fine India is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish service.
16. Fine India will announce its Promotional Income in terms of percentage monthly according to the possibility so that all Distributor can plan their business accordingly.
17. Distributor has full right to withdraw his or her purchase amount according to the refund procedure of the company which is already mentioned in our website.
18. The past performance of the Business managed by the Fine India is not necessarily indicative of future performance of the business.
19. Fine India will make every reasonable effort to track and pay commissions for all sales that apply to Distributor. However, Fine India is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish this service. Distributor understands that Distributor tracking can never be 100% accurate and Fine India is not responsible for inaccuracies that might occur beyond its control. Tracking of Distributor sales depend on several factors, technical and otherwise, which are out of the control of Fine India. It is the goal of Fine India to make Distributor tracking as accurate as possible, however, Fine India cannot guarantee 100% tracking for situations beyond its control.
20. To protect Fine India customer privacy, if deemed necessary, Fine India reserves the right to withhold identifying customer contact information from Distributor.
21. Fine India reserves all rights in or to its trademarks and service marks but may be used by Distributor in accordance with this agreement. Distributor may in no way display an Fine India logo, image, or trademark which may be distasteful, defame, or misrepresent.
22. Distributor shall follow Fine India advertising guidelines and agrees not to misrepresent Fine India products or services. Distributor agrees to use only Fine India-approved ads. You may submit your own ads for Fine India's approval. They must be approved however before you can publish them. Distributor further understands that prohibited sites for advertising Fine India products or services include: Sites that promote sexually explicit material or violence; sites that promote discrimination based on race, sex, religion, national origin, or physical disability; sites that promote illegal activities.
23. Distributor may not assign rights or delegate duties under this Agreement without the prior written consent of Fine India. Upon request Fine India will provide Distributor with guidelines for the sale, transfer or assignment of Distributors Fine India business.
24. Fine India shall not be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this Agreement or program, even if Fine India has been advised of the possibility of such damages. Fine India aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total commissions paid or payable by Fine India under this agreement.
25. Fine India reserves the right to amend this agreement as needed from time to time, and Distributor agrees that any such amendment will apply to Distributor without any prior notice. Continuation of Distributor status or Distributor's acceptance of income or Product Policy shall constitute Distributor's acceptance of any and all amendments.
26. Both Fine India and the Distributor reserve the right to terminate this agreement at any time. The term of this Agreement shall be for a period of one year from the date hereof and shall automatically renew upon each anniversary, without further act of the parties, unless either party has terminated this Agreement by written notice to the other. If terminated, outstanding commissions at time of termination shall be paid in the next payment so long as the terms of this agreement were not violated by the Distributor. Payment of the final commission payment to the Distributor may be withheld for a reasonable time in order to ensure that the correct amount is paid.
27. In the event that a provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.
28. Fine India shall not be held responsible for service delays in performance caused by circumstances beyond its control in serving. The company will be relieved of all their liabilities towards the Distributor in case of any enactment of laws by the Center or State Government regulating or restricting multilevel marketing practices or the cash incentives and such other benefits to which they may be entitled in such as event Distributors though eligible for the same shall not have any claim on such incentives that may fall under the prohibitive clauses of the laws enacted.
29. In the event of any dispute arising between the Distributor and Fine India relating to any matter connected with this agreement or with regard to appointments as an independent Distributor of Fine India or the subject thereof or in relation thereto and whether as to construction or otherwise, the same shall be referred for arbitration under the Arbitration and Conciliation Act, 1996. The company shall appoint a Sole Arbitrator whenever any such dispute arose. The award made by the Sole Arbitrator shall be final and binding on both the Distributor and Fine India. The venue of arbitration shall be at Kanpur only.

Refund Policy

Refund option has been suspended awaiting results from the appropriate company court and the matter pending before orissa high court.

Keep watching this section for latest updates.