1. Superb7 hereby declares that it is fully compliant to the Consumer Protection Act, 2019,
Consumer Protection (Direct Selling) Rules, 2021, Legal Metrology Act, 2009, E-commerce Rules,
2009 and all other Rules and laws applicable to an Indian Direct Selling company
2. Superb7 assures and Direct Seller agrees that this Agreement has no provision that he/she will
receive remuneration or incentive for the mere recruitment / enrolment of new participants.
3. The Superb7 also assures and the Direct Seller agrees that it does not require a participant to
purchase goods or services for an amount that exceeds the amount for which such goods or
services can be expected to be sold or resold to consumers.
4. Superb7 also assures and Direct Seller agrees that it does not require a participant to pay any
entry / registration fee, cost of sales demonstration equipment and materials or other fees
relating to participation in the Superb7's direct selling business.
5. That Direct Seller here in assures that he/she has ascertained from the Superb7 Business Plan
provided by Superb7 or read and understood on Superb7 website, www.superb7wellness.com
(The same many be read as part and parcel of this Agreement as the same is not being
reproduced here for the sake of brevity), the stipulated amount of any or all types of Incentives,
rewards, etc. including financial and non-financial benefits payable to the Direct Seller are
calculated only and only on the basis of effective sale, marketing and distribution of products
and in no way on the basis of recruiting / sponsoring / introducing another Direct Seller.
6. Cooling Off Policy: That Superb7 allows or provides to the Direct Seller a reasonable cooling off
period in accordance with clause 3 (b) of the Rules, as per Cooling Off policy available on its
website www.superb7wellness.com and also annexed herewith (which may be read as part and
parcel of these covenants as the same is not being reproduced here for the sake of brevity.
7. Buyback Policy: That Superb7 allows or provides for a buy back or repurchase policy for
"currently marketable" products sold to the Direct Seller at the request, as per "Buy-back
Mechanism", available on its website www.superb7wellness.com and also annexed with (which
may be read as part and parcel of these covenants as the same is not being reproduced here for
the sake of brevity.),
8. That Direct Seller here in agrees that Superb7 has established a "Grievance Redressal
Mechanism" for them to redress their grievances and complaints, available on its website
www.superb7wellness.com and also annexed here with. ( which may be read as part and parcel
of these covenants as the same is not being reproduced here for the sake of brevity.)
9. Superb7 herein declares and the Direct Seller herein accepts that Superb7 does not require,
invite or solicit a Prospect or enforce Direct Seller to invest money in any form whatsoever to
participate in its Direct Selling business. The Direct Seller shall however be required to bear the
cost of products purchased by him / her and does not include any provision that the Direct Seller
herein will receive compensation for the recruitment of other participants to participate. Direct
Seller will receive compensation derived only and only from the sale, marketing and distribution
of products, in accordance with the business/Remuneration Program provided and prescribed
by the Superb7, to which the Direct Seller hereby agrees to whole of this covenant in letter and
spirit.
10. That the Company will provide all support to the Direct Seller in delivery of the products through
Franchisee / Pick-up centers / Courier Service for maintaining effective support system.
11. That for appointment of Direct Seller herein the Company requires him / her to do the following
and he / she shall complete the following steps. An Individual / Firm / Company who is able to
do contract as per the provision of the Indian Contact Act, 1872 and wish to become an
Associate of Superb7, may apply to be appointed as Direct Seller for marketing and selling of
company's product on pan India basis, in prescribed form through online method.
A. Fill the application form online and upload self-attested scanned KYC documents.
B. Accept the terms and condition of this Agreement by clicking on "I AGREE AND ACCEPT"
button below.
C. On the completion of the above process, the Direct Seller should take a printout of this
agreement.
D. Upon the execution of this agreement and after the verification of all the KYC
documents uploaded through the above process, the applicant may be accepted as
Direct Seller and a Unique Identification number and password shall be allotted, to
allow him / her to log on to access his/ her own personal account maintained by the
company on its website/ Superb7 App.
E. That the Direct Seller shall submit the following self-attested documents in hard copy to
Superb7 within SEVEN days' from the date of execution of this Agreement (Including the
acceptance of terms of this agreement) already accepted and agreed upon by clicking
on "I AGREE AND ACCEPT" button at the bottom of these presents (agreement)
F. That the Superb7 upon scrutiny and verification of the Application and KYC particulars
may re-consider its decision and reject application, to which the Direct Seller hereby
agrees. Superb7 shall have sole discretion and shall be at liberty to reject his / her
direct selling unique ID number, if the KYC and other documents in hard copy are found
unsatisfactory, modified. Forged or not conforming to Government guidelines
prescribed for this purpose.
G. That the KYC shall include but not limited to verified proof of address, proof of id
Superb7, and PAN as per the provisions of the Income Tax Act, 1961, as follows, duly
issued by the Government of India or a State/UT government.
- i. Aadhaar Car
- ii. Voter ID Card
- iii. Passport
- iv. Ration card
- v. Any id Superb7 document issued by the state or central government which can
be verified.
- vi. Additional Documents required for Applicant in case of Company:
- 1. CIN, MOA & AOA
- 2. PAN and GSTIN
- 3. List of Directors of the Company
- 4. Board Resolution in favour of the Director signing and executing this
Agreement and Application
- vii. Additional Documents required for Applicant in case of Firm:
- 1. Partnership Deed or an Affidavit in case of Proprietorship firm
- 2. PAN and GSTIN
- 3. Authorization in favour of the Partner signing and executing this
Agreement and Application
H. The Direct Seller herein declares that he/she/they has/have not been declared a
bankrupt by a competent court of law as provided under clause (3) of section 79 of the
Insolvency and Bankruptcy Code, 2016 and that he/she/they is/are neither in litigation
nor convicted by any court of law in preceding five years" of the date of joining the
Superb7's business herein.
12. Scope of the Work:
a. That the Direct Seller shall market, distribute and sell the products of Superb7 using word of
mouth publicity, display and demonstration of the products, distribution of pamphlets, and
door to door selling to consumers and prospective Direct Seller.
b. That Superb7 shall be exclusive owner of its name and logo. The Direct Seller shall not use
the trademark, logo type and design anywhere without prior written permission from
Superb7. This permission, if given, can be withdrawn at any time by Superb7. Violations if
any shall be termed as violation of this agreement and much result in termination of this
agreement and Superb7 ID of the Direct Seller, penal actions under the prevailing IPR laws
and Rules at the sole discretion of the Superb7, to which the Direct Seller herein agrees.
c. That the Direct Seller shall not manipulate, alter, amend, add or delete any provisions of
Superb7, herein Business Plan, pricing of products, BV points etc., in any way whatsoever
and shall not send, transmit or otherwise communicate any messages to anybody on behalf
of the Superb7, contrary to Superb7's policies, principal, instructions and prescriptions
without prior written authorization and permission for the same by Superb7.
d. That the Direct Seller will get specified percentage / points-based Incentives pertaining to
the sales for selling the Superb7's products directly or indirectly under this Agreement.
e. That Superb7 hereby covenants that it shall provide to Direct Seller with complete
instruction book(s), catalogues, pamphlets for promoting sales, marketing and distribution
and shall provide mandatory orientation training without profit and margins or added BV.
f. That Superb7 shall issue photo id Superb7 cards template to Direct Seller of which they can
use the printed form. This photo id Superb7 card shall be void at the expiry / termination /
revocation of this agreement and/ should not be misused in any way or form whatsoever.
The id Superb7 card shall contain the Name & Unique ID number (FSSAI Number, if
applicable) of the Direct Seller.
g. Direct Seller will not be authorized to collect any type of cash/cheque/ demand draft in his
own name, on behalf of Superb7. All cheques / demand drafts etc. should be drawn in the
name of the Superb7 only and the same should be deposited with Superb7's office or other
offices as many be specified by Superb7, within 24 hours of the time of receipt. Direct
Seller. Upon failure to deposit the said cash collection / cheque / DD, shall be liable to pay
damages / compensation and Mesne-profit, if any. The receipt / invoice issued by Superb7
only would be valid documentary evidence in the hand of the consumer. It means Direct
Seller would not be authorized to issue any receipt / invoice on behalf of the Superb7.
h. That Superb7 may open following facilities for sale of its products:
- i. Online Portal / E-commerce
- ii. Stores (Retail Outlets)
- iii. Authorized Sales Point / Pickup Centre
i. That a Direct Seller is not authorized to sell any product of Superb7 herein on-commerce
platform / marketplace., without prior written consent, permission or authorization of
Superb7 herein Direct Seller is also prohibited from listing, marketing, advertising,
promoting, discussing, or selling any product, or the business opportunity on any website or
online forum that offers auction as a mode of selling.
j. Sales Incentives / Commission Structure or other Benefit – That the Direct Seller shall enjoy
the following privileges:
- a. Sales Incentive related to their respective sales volume as per the Superb7 Business
Plan.
- b. Earnings of the Direct Seller shall be in proportion to the volume of sales done by
him/herself or through his / her network team as stipulated in the Superb7 Business
Plan.
- c. Direct Seller may Market / sell Company Products on Pan India basis. There is no
territorial restriction to sell the products.
- d. Direct Seller may always check and inspect his / her account on Superb7 website
www.superb7wellness.com by using Unique ID and Password allotted to him / her.
- e. That Superb7 reserves the right to restrict the list of products for a particular area /
region.
- f. That price revisions, Government directives, market forces etc., may lead to change
in the Superb7 Sales Incentives policy and the Superb7's decision in this regard will
be final and binding. In all such cases, the amendments will be notified on the
Superb7's website, www.superb7wellness.com and such notifications shall be
binding on the Direct Seller. However, if any Direct Seller does not agree to be
bound by such amendment, he / she may terminate this agreement within 30 days
of such publication by giving a written notice communicating his / her objections, if
any, to Direct Seller. Without submission of the objection for modification etc., if a
Direct Seller continues the Direct Selling activities then it will be deemed and
presumed that he / she has accepted all modifications and amendments in the
terms & conditions for future.
- g. That all payments and transactions shall be valued in Indian Rupees (INR).
- h. That Superb7 does not guarantee / assure / promise or offer any facilitation fees or
any amount or quantum of income whatsoever on account of becoming an
associate of the Superb7.
- i. That Sales Incentives to Direct Seller shall be subject to all statutory deductions as
applicable like TDS etc.
- j. That Sales Incentive paid to Direct Seller is inclusive of all taxes.
k. That Superb7 shall provide accurate and complete information to prospective and existing
Direct Seller concerning the reasonable amount of earning opportunity and related rights
and obligations.
l. That Superb7 shall pay all dues to the Direct Seller and make withholdings, if any, in a
commercially reasonable manner.
m. That Superb7 does not require a Direct Seller to maintain an office or establishment in
furtherance of his / her entrepreneurship and if an associate does so then he / she himself /
herself will be responsible to bear such expenses and Superb7 will in no way be responsible
to refund or reimburse the same.
n. That Direct Seller covenants with the Superb7 that it will exclusively engage in the sale of
the Superb7 products and shall not indulge in the sale of similar / identical products. If
found so, Superb7 reserves the right to deactivate his/her ID
o. That Unique Identification Number will have to be quoted by the Direct Seller in all his / her
transactions and correspondence with the Superb7. The Unique Identification Number once
allotted cannot be altered at any point of time. That No communication will be entertained
without Unique Identification Number and password. Direct Seller shall preserve the Unique
Identification Number and Password properly as it is must for logging on to website.
p. That the Direct Seller shall be faithful to Superb7 and shall uphold the integrity and decorum
to the Superb7 and shall maintain good relations with other Direct Seller and customers
also.
q. That Direct Seller shall abide with policies, procedures, rules and regulations prescribed by
Superb7 as well as all laws, rules, regulations, directives and Guideline issued by
Government of India, a State Government, a Local body, a Court of Law and local
administration, from time to time. Direct Seller will also not indulge in any deceptive or
unlawful trade practices such as Mis-selling or Unfair Trade Practices as mentioned in
clauses 3(f, g, and i) as defined in the Rules and Clause 2(1), (18), (20) (41) to 4(43) and (47)
of the Consumer Protection Act, 2019 and if does so then he / she shall be only and solely
responsible for the consequences and perils thereof.
r. That Direct Seller shall be liable to produce / show / explain the Superb7 Business Plan to
the prospects as has been received by him / her. If Superb7 notices that the Direct Seller is
working in a way not permitted / authorized, then the Superb7 shall have exclusive power
to terminate or bar him / her from Direct Seller -ship after giving a show cause notice.
s. That Direct Seller cannot conduct or announce personal level business promotion activities
by offering cash rewards, trips, valuables, etc.
t. That Direct Seller is personally liable for delivery of goods to its customers. He is also liable
to collect products from where it reaches last by the transporter.
u. That Direct Seller shall not use or advertise on social media any business promotion
material, not authorized or approved by Superb7 and if he / she does so then he / she shall
solely be responsible for the consequences.
v. That the Direct Seller is prohibited from mentioning / posting / telecasting any inappropriate
or defaming content about Superb7, its products, etc. in any social media platforms. If he /
she does any act in contravention to this clause, then this contract agreement will be
deemed terminated and Superb7 reserves rights to initiate appropriate legal action against
him / her.
w. That only one Direct Seller -ship code shall be issued on one Pan Card.
x. That the Direct Seller hereby undertakes not to compel or induce or mislead any person
with any false statement / promise to purchase products or to become Direct Seller
y. All statutory changes will be in force with immediate effect or as per the law prescribed.
z. Any notice or correspondence/s addressed and sent to the address, E-mail ID and Mobile
Number mentioned in the Application Form for registration as Direct Seller by registered AD
post or a Courier Service or E-mail or Whatsapp message shall be construed as legally
delivered to the addressee. However, it is advisable that every Direct Seller shall
immediately inform the Superb7 about the change in his / her address, E-mail ID and Mobile
Number failing Direct Seller's non-deliverance claim shall not be tenable at any cost
whatsoever.
aa. The term of this agreement is at will, subject to earlier termination in accordance with this
agreement or in accordance with law. If this Agreement is terminated for any reason
whatsoever, the Direct Seller understands that his / her right to sell the products and
receiving incentives with respect of his/her activities as Direct Seller will cease immediately.
Superb7 reserves the right to terminate this agreement if any condition(s) of this Agreement
are violated by Direct Seller.
bb. Limitation of Action: If a Direct Seller wish to bring an action against Superb7 for any act or
omission relating to or arising from the agreement, such action must be brought within
ninety (90) days from the date of the alleged conduct given rise to the cause of action.
Failure to bring such action within the given time shall bar all claims against Superb7. Direct
Seller waives all claims that any other statutes of limitations apply.
cc. Direct Seller herein declares that neither he has been convicted nor faced any litigation or
has been declared Bankrupt by a competent court of law during the five years preceding to
entering into this contract agreement.
dd. Indemnification: That Direct Seller agrees to protect, defend, indemnify and hold harmless
to Company and its employees, officers, directors, agents or representatives from and
against any and all liabilities, damages, fines, penalties and costs (including legal costs and
disbursements) arising from or relating to:
- a. Any breach of any statute, regulation, direction, orders or standards from any
governmental body, agency, or regulator applicable to Superb7; or
- b. Any breach of the terms and conditions of this agreement by the
Direct Seller,
- c. Any claim of any infringement of any intellectual property right or any other right of
any third party or of law by Direct Seller; or
- d. Against all matters of embezzlement, misappropriation or misapplications of
collection / moneys which may from time to time during the continuance of the
Agreement come into his / her / its possession / control.
ee. Relationship: That Direct Seller understands that he/she is an independently owned
business Superb7 and this Agreement does not make him/her, Superb7 employee, associate
or agent or legal representative of the Superb7 for any purpose whatsoever. Direct Seller
does not possess any express or implied right or authority to assume or to undertake any
obligation in respect of or on behalf of or in the name of Superb7 or to bind the it in any
manner whatsoever. In case, a Direct Seller violates this provision in any manner
whatsoever then he / she shall be responsible for all types of consequences be it financial,
statutory, civil or criminal.
ff. Suspension, Revocation or Termination of agreement:
a. That Superb7 reserves the right to suspend the operation of this Agreement, at any
time, due to change in its own license conditions or upon directions from the
competent government authorities. In such a situation, Superb7 shall not be
responsible for any damage or loss caused or arisen out of aforesaid action.
b. That in case of violation of any of the provisions of this agreement stated here-in-
before and agreed upon by Direct Seller, Superb7 may, without prejudice to any
other remedy available, issue a Fifteen days written notice and call upon the Direct
Seller to explain his/her conduct in writing failing which or if the explanation is
found unsatisfactory and unacceptable in the ordinary course of business, suspend /
block / terminate him/her from further conducting the business of Superb7. The
violations of this agreement and grounds of termination of the services of Direct
Seller, not limited to, shall be as under
- i. If found to be spreading derogatory remarks, unfounded allegations, (orally or
electronically or online) against the Superb7 or its directors or the Business Plan
prescribed by the Superb7 or its products.
- ii. If found to be mis-selling
- iii. If found to be indulging in Unfair Trade practices as provided under the
Consumer Protection Act, 2019
- iv. If he/she is indulging in any action whatsoever which may harm the business of
his/her fellow Direct Seller or Superb7, as the case may be
- v. If found to be non-complying with the provisions of E-commerce Rules, 2020
- vi. If found to be violating the taxation laws or any other law, in force. detrimental
to the business interests of Superb7.
c. That Direct Seller may terminate this agreement at any time by giving a written
notice of Fifteen days to Superb7 at its Registered Office/Head Office address given
in this agreement,
- i. If Superb7 is found to be violating any clause of this contract agreement
- ii. If Superb7 fails to pay the commission entitlements within prescribed time
- iii. If Superb7 is found to be violating the taxation laws or any other law, in force
detrimental to his/her business.
gg. Actions pursuant to Suspension / Blocking / Termination of this Agreement:
That notwithstanding any other rights and remedies provided elsewhere in the agreement, upon
termination of this agreement:
- a. Direct Seller shall not represent Superb7 in any of its dealings.
- b. Direct Seller shall not intentionally or otherwise commit any act(s) as would keep a
third party to believe that the Superb7 is still having Direct selling agreement with
him/her
- c. Direct Seller shall stop using Superb7's name, trademark, logo, etc., in any audio or
visual form.
- d. All obligations and liabilities of such Direct Seller to Superb7 existing on the date
having accrued during the validity of this Agreement will have to be fulfilled, met
and satisfied by the Direct Seller in every manner whatsoever.
hh. Governing Laws and Regulations
- a. That this Agreements shall be governed by the provisions of the Indian Contract Act,
1872, the Consumer Protection Act, 2019, Consumer Protection (Direct Selling)
Rules, 2021 notified by the Government of India and State / Union Territory
Governments as well as all other rules and regulations issued by the Government of
India and State Governments / Union Territories.
ii. Dispute Settlement
Direct Seller herein agrees and accepts that the remedial action available to him/her in the
event of any interpretation of any question of law, dispute or difference arising under this
agreement or in connection there-with (except as to the matters, the decision to which is
specifically provided under this agreement), the same shall be as under:
As per the Grievance Redressal Mechanism offered by Superb7 herein and forming part of this
contract agreement;
Thereafter, the dispute if any shall be referred to National Consumer Helpline or State consumer
Helpline for effective Mediation;
Disputes if any shall be resolved in accordance with the provisions of the India Arbitration and
Reconciliation Act and mediation provisions of Consumer Protection Act, 2019
OR
Referred to a legal forum dealing with consumer disputes having jurisdiction in the District of
Balghat, Madhya Pradesh.
jj. Force- Majeure
That if at any time, during the continuance of this agreement, the performance in whole or in
part, by Superb7, of any obligation under this is prevented or delayed, by reason of war, or
hostility, acts of the public enemy, civic commotion, sabotage, Act of State or direction from
Statutory Authority, explosion, epidemic, quarantine restriction, strikes and lockouts, fire,
floods, natural calamities / Disaster or any act of God (hereinafter referred to as event), neither
party shall, by reason of such event, be entitled to terminate the agreement, nor shall either
party have any such claims for damages against the other, in respect of such non-performance
or delay in performance. Provided that the Services under the agreement shall be resumed as
soon as practicable, after such event comes to an end or ceases to exist.
kk. Direct Seller hereby covenants as under:
- a. That he / she has clearly understood the application form, Superb7 Business Plan, its
limitations and conditions and he / she is not relying upon any representation or
promises that is not set out in this Agreement.
- b. That relation between Superb7 and Direct Seller and all his / her activities here
under shall be governed in addition to this agreement, by the rules / procedures
contained in Superb7 Business Plan, available on website
www.superb7wellness.com. Direct Seller confirms that he / she has read out all the
terms & conditions thereof and agrees to be bound by them.
- c. That he/she is not an agent, employee or any other Legal representative of Superb7.
- d. That He/She, hereby declares that all the information furnished by him / her to
Superb7 are true and correct. Superb7 shall be at sole discretion and liberty to take
any action against the him/her in the event, it is discovered that the he/she has
furnished any wrong / false information
- e. That he herein is the concerned person hence fully conversant with the fact
deposed without any pressure to be appointed as Direct Seller in whole India on
terms and condition as contained in this agreement.
- f. That he / she has read and understood the terms and conditions for appointment as
Direct Seller and has also gone through Superb7 official website, printed materials,
brochures and convinced about the business and has applied for appointment as a
Direct Seller out of his own sweet will, accord and volition.
- g. That he/she undertakes to adhere to the policies, procedures, rules and regulations
formed by Superb7 and confirms having read / been explained and read over in the
vernacular language, he / she is conversant with and understands the contents of
the document on policy and procedures of the appointment of Direct Seller.
- h. That he/she herein very well understands that violation of this contract agreement
may result in termination of this agreement as per procedure laid down therein.
IN TOKEN OF AGREEING TO AND ACCEPTING ALL PROVISIONS OF THIS CONTRACT AGREEMENT SET
HEREINABOVE, I am CLICKING ON THE "I AGREE" BUTTON GIVEN HEREIN.
