:: Kangra Herb Private Limited :: Terms & Conditions ::

KANGRA HERB PVT. LTD.
In Collaboration with HARB Society ® & APGAI

1.	Participation in Kangra Herb Marketing Programme is operated by Kangra Herb Pvt. Ltd.: H.O. Apna Ghar, Village :Metti, P.O Gharoh, Tehsil : Dharamshala, Distt. Kangra, H.P- 176215. Regd. Office: 439, Pocket C-8, Sector-8, Rohini, Delhi - 110 085. Participation by persons/ associates/ distributors is subject to the terms and conditions framed or announced or changed or prevalent at the point of time intimated to the person/ persons and the same shall be deemed to constitute acceptance by the participants of such persons/ associates/ distributors of such terms and conditions as amended form time to time. Applicant, when accepted, is called "Distributor", referred herein as Distributor represents and warrants that Distributor understands the marketing program and the commission plan and is not relying on any representation or offer that is not contained in this Agreement or other official Company material.
2.	Offer by Sponsoring Distributor : Kangra Herb Pvt. Ltd., (KHPL), Makes the offer contained in this Agreement and in other official Company material published y the company and no Distributor is authorized to make any other offer to a prospective Distributor. If Applicant relies on any offer made by a Distributor trying to sponsor him or her that are not in this Agreement and / or official Company material, and that sponsoring Distributor fails to keep any such offer, the Applicant shall only have recourse against such sponsoring Distributor fails to keep any such offer, the Applicant shall only have recourse against such sponsoring Distributor and not the Company. However, in such an event, Applicant is encouraged to file a complaint with the Company. Upon receipt of such a complaint, the Company will conduct such investigations as it deems necessary and, upon validation of such a complaint, impose appropriate penalty(ies) on the offending Distributor. Such action however will not result in any recovery of damages by the Applicant, which the Applicant is free to seek against the offending Distributor, not the Company.
3.	Distributor Rights & Responsibilities: By applying to participate in the KHPL IS Marketing Program: Distributor understands the Distributor will be bound by the terms and conditions hereof and that Distributor will be entitled to participate as a Distributor, upon acceptance of a valid application by KHPL. Active Business Distributors are those who are actively participating in the retailing and network marketing activities. They shall maintain the active Business Distributorship status by purchase of Products worth rupees 500/- every month. They will then enjoy the privileges of receiving network sales commissions from PV Plan, sponsoring new distributors, other benefits and offers announced from time to time. An Active Business Distributors will be eligible to earn commission on all downline levels in his Network after the qualification as detailed in the KHPL Marketing Plan. Distributor understands that to earn commissions in the Program., Distributor is responsible for generating business for his / her self and Kangra Herb Pvt. Ltd. To do this, Distributor will personally make retail sales of the Kangra Herb Product, to his / her personal customers, will sponsor new distributors, will build his or her sales team and will contact prospects by phone and in person. Distributor is responsible for training those sponsored by the Distributor and their team members and teaching them how to train the ones they sponsor. The Distributor is required to follow the Kangra Herb Sales system personally and empower all the team members to follow and practice the same system for their success in business. It is the responsibility of every distributor to support the team members to succeed in business by following the system. Distributor understands that participation in the Program does not affect the Kangra Herb's Product package price or any other product or service price. Purchase of the Product pack is not required to join in the Kangra Herb Marketing Program. An Applicant choosing to become a Distributor must submit an Application by mail along with Demand Draft, towards cost of Regn. Fee & Cost of the product, Applications must be accompanied with this Agreement and declaration, signed at the bottom of the page by the Applicant, otherwise the Application will not be Processed.
4.	Commission Entitlement: The Distributorship will not entitle automatic commissions. Commission is payable only on sale of products by him and / or by his/ her team as per KHPL Commission Plan after qualification.
5.	Independent Contractor: Distributor agrees that upon acceptance of this application by KHPL Distributor will be an independent Distributor, called a Direct Independent Distributor and will have no authority to bind the Company to any obligation, agreement, commitment of any kind. The relationship between Distributor and KHPL, is established only by this Agreement and Distributor is not an agent, employee or any other legal representative of KHPL or its service providers. Distributor is solely responsible for all income taxes and any central, state, local or other taxes that may be due as a result of Distributor's business activities. Distributor agrees to abide by any central and state, laws, rules and regulations pertaining to this Agreement. At Distributor's own expense, Distributor will make, execute and file all such reports/returns as are required by law or public authority with respect to this Agreement.
6.	Policy/Rate Changes: Distributor agrees that KHPL may from time to time change the commission plan, rates, prices, charges and rules and regulations of this Agreement. If Distributor chooses to remain in the program. Distributor agrees to abide by those changes. Any such notice shall be deemed to have been given and received as of the day after such notice is put in one of the following media namely : the Company's website, sent by e-blast, disseminated via KHPL Business programme Daily or other mode of mass communication. It is Distributor's responsibility to stay abreast of developments communicated in this fashion. The company reserves the right to terminate or change Kangra Herb Marketing Programme wholly or in part there of in any manner whatsoever at any time without notice, without limiting the technology of the foregoing. The company shall have the right to change the present distributorship fees, conditions of enrollment, the terms and conditions, etc. in the event of terminate of the programme all the commissions earned or accumulated by the Distributor shall stand forfeited.
7.	Eligibility & Legal Age : The distributor has to be an Indian national and competent to enter into agreement. He or she should not have been prevented or prohibited under any law in force from entering into contract. The applicant must be above 18 years of age, as on the date of application in order to be eligible to become a Distributor. In case of any applicant being a minor, the parent or the guardian has to sign the agreement and other documents. The onus of responsibility lies on the parent or the guardian only. The relationship of the signatory is to be mentioned below the signature in the agreement.
8.	Term/Renewal : The term of this agreement is one (1) year from the date this Application received and approved by KHPL by receiving Distributor Annual Registration Fee of Rs. 300/- only. Renewal of distributorship can be done 30 days before or after the expiry date of distributorship by paying the required fee towards Distributorship Renewal fee as prevailing on the day of such renewal. On approval of renewal by KHPL the distributor re-qualifies for commission.
9.	Cross Sponsoring/Cross Recruiting : Distributor understands that cross sponsoring, cross recruiting and cross line jumping are prohibited in the Kangra Herbs business program of KHPL. This may result in the imposing of penalty, as more fully setforth hereafter, but may include immediate termination of this Agreement. "Cross sponsoring" means soliciting a Distributor or any closely related person or entity into a downline different from the existing downline for that Distributor. "Cross recruiting" means soliciting a Distributor, into another network marketing company. "Cross line jumping" means a Distributor or any closely related person or entity voluntarily taking a Distributorship that is not in the same downline as the one in which the Distributor first enrolled. A "closely related person or entity" is any person in the household of the Distributor (e.g. spouse, son, daughter, parent living in the same household) and other legal entity, which is controlled by the Distributor.
10.	Filing Complaints: If a Distributor desires to file a complaint against another Distributor for violation of this Agreement, he/she shall send a signed complaint to get the procedures for doing so.
111.	Confidentiality of Agreement: Distributor understands that the KHPL marketing plan, genealogy reports, distributor lists and official literature are proprietary information and are considered trade secrets of KHPL Distributor hereby agrees to not indirectly disclose oe use any of said confidential or proprietary information except to specifically promote Distributor's independent. Kangra Herb Marketing Programme in accordance with the provisions of this Agreement. Distributor further agrees that this provision shall survive the expiration or termination of this Agreement for a period of one year.
12.	Restriction of Multiple Distributorship: the Company dose not allow a person/legal entity to have more than three Distributorships. Violation of this clause will lead to the termination of the Distributorship.
13.	Income Representation: distributor understands that although Distributor may recommend other Distributors into the Kangra Herb Marketing Programme of KHPL, the Program dose not allow Distributor to profit solely from the activity of recommending other Distributors. Commission are paid on actual product sales as well that are made by Distributor and by other Distributors that fall into Distributor's downline Network. No one should make any offer or guarantee that Distributor will derive any specific income or profits as a Distributor. Distributor understands that any income distributor earns from Kangra Herb Marketing Programme of KHPL is determined by Distributor's personal activity as an independent Distributor. Distributor understands that product sales commissions shall be paid only to the qualified "selling" Distributor and to his or her Downline and Upline. Distributor shall not make any false income representations.
14.	Product return/refund policy: Distributor agrees that KHPL will accept the return of product from the distributor only if it is returned in a resalable condition and returned back to the company within 15 days from the date of receipt by the distributor. The refund amount towards the returned product will be 90% of the amount paid by the distributor less sales tax applicable handling changes and the commission paid by KHPL to the distributor under the commission plan. Any consumer who has purchased goods from the distributor can cancel the order and receive refund for the saleable goods that are returned within 7 days from the day of purchase.
15.	Replacement Policy: Distributor agrees that KHPL will replace any damaged product only on the grounds of manufacturing defect, in which case the product is to be returned within 3 days from the receipt of the product, failing which there is no replacement guarantee. In the case of transit damage the product is to be returned immediately and details of the damage to be written on the acknowledgement slip of the courier/post receipt while taking the delivery of the product. Replacement where applicable will be made in 10 days time.
16.	Trade Marks & Marketing Materials: Distributor will not use KHPL's trade names and / trademarks except to promote the business. In all such authorized use distributor will make clear that Distributor is an independent distributor. Sales of marketing material by KHPL are not commissionable. KHPL makes no warranty, express or implied, with respect to the use, efficacy or suitability for any purpose with respect to any such marketing material unless otherwise explicitly stared in writing in connection with the purchase thereof.
17.	Transfer of Distributorship: In order to maintain the integrity of the company's sales organization, the distributorship of an individual/ proprietorship can be transferred only to legal heir or as per the registered will by production of valid documents from relevant authorities. All such transfers require the completion of a transfer form and payment of a transfer fee of Rs. 1000/- and must be approved by the company. Sales of legal entity, which owns a distributorship, is hereby deemed to be the sale of the distributorship and is subject to the provisions above stated. The distributorship of NGO is not transferable.
18.	Nomination : Distributor can nominate a person to be his successor for transfer of distributorship of KHPL. Nominations can be changed at will on payment of suitable charges.
19.	Inheritability: In the absence of nomination by a distributor Kangra Herb Marketing Programme distributorship like any other business or asset, a Distributor may have is fully transferable in accordance with the terms of a will, or in the absence of will, it passes to heirs pursuant to the applicable state succession laws. For those distributors whose KHPL Distributorship is owned by a legal entity there would be no change in the ownership of the distributorship upon the death of on owner of that legal entity, etc. Ownership of the legal entity would change by passing to the heirs, but the legal entity would continue to own the KHPL Distributorship.
20.	Information from Distributors: All registration information by a distributor to KHPL must be accurate and complete. Distributor must update and correct registration information if it changes.
21.	Security: Each distributor must keep any KHPL related to distributorship information, confidential and notify KHPL, Promptly if the distributor believes that the information has been compromised.
22.	Advertisement by Distributors: Distributor shall not use the logo of KHPL or related research organizations and shall not publish printed materials or release advertisements for the KHPL or otherwise solicit related business by advertisement in violation of the code of ethics of Network marketing industry or any Similar Central or State Law or regulations.
23.	Indemnity: Distributor Indemnities and holds KHPL harmless against all claims made by any third party, and any related damages and expenses (including reasonable attorney's fees) arising out of or connected with the distributors conduct, the goods or service the distributors offers, or any violation of this agreement by distributor.
24.	Limitation of Liability: KHPL Makes no warranties, express or implied, related to the product packages or services supplied there under or marketing materials sold, including but not limited to warranties of merchantability and fitness for a particular purpose. KHPL will not be liable to any distributors for indirect, incidental special or consequential damages such as (but not limited to) loss of profits or business interruption, arising out of or connected to the use of or inability to use, the product package related services, products or marketing materials provided to any distributor. The total liability of KHPL for any and all damages arising from or connected with this agreement, the product package or the services, products or marketing materials provided to any distributor shall not exceed the total cost paid by the distributor to KHPL during the 12 month period immediately preceding the initial occurrence of the event causing the damages.
25.	Voluntary Resignation: Distributor may voluntarily terminate this agreement by sending written notice at any time for any reason. If a distributor terminates this agreement that distributor shall not be allowed to become a distributor again for a period of six (6) months. If a distributor re-joins in violation of this policy then that distributor shall be terminated and distributor shall not be allowed to earn any commission from the new position.
26.	Imposition of Penalty: If distributor breaches any of the provisions of this agreement, violates any applicable law or regulation or engages in any false, misleading or unfair trade practice including but not limited to, making income representation or making offer to potential distributors that can not be kept by distributor (herein called violation) any such violation is ground for the imposition of penalty, as more fully set forth hereafter. The company may suspend a distributor, including suspension of commissions earned at the time, pending investigation of any alleged violation. Distributor shall be given notice of the alleged violation by e-mail, fax or other rapid method of communication and shall have seven days thereafter to respond in writing (verbal response will not be considered) to any alleged violations, failing which, the company can consider the allegations to be true. (it is distributor's responsibility to see that company received the response, with supporting documentation, if any within the seven days period.) if at the end of the investigation it is determined that distributor is to be penalized the date of the imposition of the penalty can be at the company's option. Any commission pending and / or earned, if any as on the date of a termination, shall not be paid. Any such cheques not paid shall be deemed to liquidate damages or part of damages suffered by company for the violation. Distributor can request that any decision to impose a penal to be reviewed and supply any additional material that may bear on the matter in support thereof within seven days after notice of the penalty is given. Company shall then advise distributor of its final decision. The company shall have the option of imposing any one or more of the following penalties or violation, denial or revocation of any achievement awards otherwise earned; denial of sales credit for sales that fall into the down line of a cross-sponsored distributor; imposition of a fine of an amount to be determined by the company; and or suspension and or termination of the distributor's agreement.
27.	Jurisdiction/ Venue: All disputes between the member/ associate/ distributor and the company arising out of or in relation to this programme shall be first settled by amicable negation between parties. In the event of the dispute not being settled between parties amicably, then the same shall be referred to the sole arbitrator appointed by KHPL under the provision of Arbitration and Conciliation Act 1996 ad the venue shall be at Delhi only. The Agreement shall be construed and enforced in accordance with the laws of Union of India and shall be subject to Delhi Jurisdiction. Causes of action between the parties hereto or any type, whether based on this agreement, on fraud or any other tort, or grounded in principles of strict liability or statutes of any kind, shall be heard exclusively in a court of competent jurisdiction in Delhi City, each party hereby submitting to the jurisdiction of such courts any expressly waiving the right to bring suit in all other courts. In any cause of action the winner shall be entitled to recovery of all reasonable attorney fees, court costs and other costs of the action.
28.	Address: The address for distributor shall be as maintained in the records of KHPL. The address for KHPL is - 439, Pocket C-8, Sector-8, Rohini, Delhi - 110 085. Either may be changed from time to time.
29.	Official Language / Definitions : The English version of this agreement, a maintained by KHPL is the official version and shall have control over any other language version(S) which may be made available for ease of reference for some distributors. As used in KHPL materials, when the term, "sell" and words of similar import are used to describe the sales activities of a distributor, this is an abbreviated reference to the promotional activities of a distributor with respect to sales and it is understood that all sales are between the company and the purchaser, not between the distributors and the purchaser. Likewise, when the term, "recommend" and work of similar import are used to describe he referral and recommending activities of a distributor this is an abbreviated reference to the term building activities of distributor and it is understood that the agreement by which one becomes a distributor is between the company and the recommended distributor and not between the new distributor and the recommending distributor.
30.	Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject mater hereof, and not other additional offer, representations, guarantees or agreements of any kind shall be valid concerning such subject matter unless in writing any signed by an authorized offer of KHPL.

DECLARATION

I hereby declare that I am a Major and competent to execute this agreement. I hereby confirm having gone through, read and understood the above terms and conditions and that I shall abide by the same and the same is acceptable to me.

A.	I hereby declare that I am an Indian Citizen above 18 yrs. of age applying for the Distributorship of Kangra Herb Marketing Progamme of KHPL and understand that the distributorship does not make me an employee, agent or legal representative of KHPL or give me any authority to speak for contact or bind my sponsor.
B.	I will operate my business either by buying and retailing of KHPL products at my own expenses and by sponsoring and training others as KHPL distributors, to build my business.
C.	I will not make any income claims, income or other representation or statement about Kangra Herb business or its products other than that are stated in Kangra Herb official literature.
D.	I will indemnify Kangra Herb (P) Ltd., against any legal liabilities arising out of unauthorized claims, representations or statements made by me.
E.	I agree to abide by KHPL marketing plan, its code of ethics, rules policies and procedures as set forth in Kangra Herb Marketing Programme literature and website and Manual or any circular that may be published in the website or in print form.
F.	I understand that my distributorship may be revoked if I fail to comply with the stated conditions and the terms and conditions of the Distributor agreement.
G.	I further agree to abide and comply with the rules and regulations governing my distributorship, which is part of this application.
H.	Together with this application I include payment towards the purchase of Kangra Herb Products and Registration fees as the only requirement to be a distributor.
I.	I understand that if I decide to return the Products I should do so within 15 days of the date of receipt of the pack in salable conditions. I will be eligible for the refund of amount after deduction of taxes, handling, charges and other deductions mentioned above.
J.	I herby declare that I make this applicable voluntarily out of my free choice and willingness to become KHPL distributor without any pressure, force or coercion.