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Terms & Conditions

I hereby submit my Application to become an independent distributor of PAYKUM products. My application and this Agreement become effective on the date accepted by PAYKUM. PAYKUM may accept or refuse my Application at its own discretion. I certify that I am a lawful citizen of India and that I am of legal age to enter into this agreement.

1. Parties

I understand that I am contracting with PAYKUM E SHOPPING LLP, ("PAYKUM") for the right to purchase and distribute products and for the promotion of certain sales as described below. PAYKUM the direct selling division of PAYKUM has the responsibility to promote the sale of Products. Hereinafter, PAYKUM E SHOPPING LLP and PAYKUM may be referred to collectively as "PAYKUM".

2. The term “Agreement” shall mean the Application and the Compensation Plan and the Distributor Policies and Procedures. I hereby agree to be bound by the Agreement.

3. Compliance with Laws

I agree to comply with all applicable laws relevant to conduct of my activities as an independent Distributor under this Agreement. In particular, and without limitation, I must not make any actual or potentially misleading or deceptive claims in relation to doing business with PAYKUM.

4. Rights

I understand that as an independent Distributor of PAYKUM, I have the right (but not the obligation) to:

  • Buy from PAYKUM India and offer for re-sale PAYKUM Products in accordance with the Agreement in such manner as PAYKUM may from time to time allow in relation to its independent Distributors generally and only on a direct selling basis and not through retail outlets except to the extent from time to time permitted by PAYKUM.
  • Recommend persons for acceptance as PAYKUM independent Distributors (subject to acceptance by PAYKUM)
  • If qualified, earn bonuses and other rewards pursuant to the Compensation Plan that will be awarded on the same basis as it allows to its independent Distributors generally in respect of legitimate sales of PAYKUM products, and not in respect of the mere introduction of new distributors to PAYKUM.
5. Independent Contractor

PAYKUM will not treat me as an employee for central or state tax purposes.

6. Bonus Payments

I understand that I must not be in breach of the Agreement to be eligible to receive Bonuses pursuant to the Compensation Plan.

7. Amendments

PAYKUM may be required to amend the Agreement from time to time. PAYKUM agrees to notify me of the amendments, which I may accept or reject. If I reject the amendments, I agree that PAYKUM may choose not to renew the Agreement when its term expires.

8. Term and Termination

The term of this Agreement subject to earlier termination in accordance with this Agreement or in accordance with law. I may renew the Agreement when notified by PAYKUM. PAYKUM may refuse to renew this Agreement for any reason. If this Agreement is not renewed, or if it is terminated for any reason, I understand that my right to sell PAYKUM products and receive Bonuses in respect of my activities as an independent Distributor will cease.

PAYKUM reserves the right to terminate this Agreement:

  1. At any time upon 30 days notice if PAYKUM elects to: (a) cease business operations; (b) dissolve as a business entity; or (c) terminate distribution of its products via direct selling channels,
  2. At any time upon not less than 7 days notice and without further notice if I breach this Agreement and fail to remedy the breach before the end of the stated notice period, or
  3. Within 30 days of the application date if I have failed to place any orders, or sponsor any new distributors.

I may cancel this Agreement at any time, and for any reason, upon emailed notice to PAYKUM at info@paykum.com from my email account on record with PAYKUM.

10. License to Use Certain Intellectual Property

PAYKUM grants to me a non-exclusive, royalty free, revocable sub-license to use the intellectual property in PAYKUM’s licensed name, logo, trade marks (whether registered or unregistered), and other intellectual property rights in any materials or documents supplied by PAYKUM pertaining to the subject matter of this Agreement for the purpose of promoting the products and sourcing potential customers. I agree that PAYKUM may impose restrictions on my use of PAYKUM’s licensed name, trade names and trademarks, logos and other intellectual property and advertising in order to protect the rights, reputation and image of PAYKUM, and that such restrictions are applied to all independent Distributors generally.

I also agree to not apply singly or in association with any other party for registration of any intellectual property licensed or owned by PAYKUM capable of registration but not registered and to give all reasonable assistance, at PAYKUM`s reasonable cost, to assist PAYKUM to register any such intellectual property.

11. No Assignment

I may not assign any rights or delegate my duties under the Agreement without the prior written consent of PAYKUM. Any attempt to transfer or assign the Agreement without the express written consent of PAYKUM renders the Agreement voidable at the option of PAYKUM and may result in termination of my business.

12. Release and Indemnification

To the maximum extent permitted by law, PAYKUM, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “affiliates”), shall not be liable for, and I release PAYKUM and its affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release PAYKUM and its affiliates from all liability arising from or relating to:

  • My, or any other Distributor’s, breach of the Agreement
  • The promotion or operation of a PAYKUM business by me or any other Distributor and any activities related to it, including, but not limited to, the presentation of Products or the Compensation Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc., and agree to indemnify PAYKUM and its affiliates for any liability, damages, fines, penalties, or other.
  • Any incorrect data or information provided by me or any other Distributor to PAYKUM.
  • My, or any other Distributor’s, failure to provide any information or data necessary for PAYKUM to operate its business; or
  • Awards arising from any unauthorised conduct that I undertake in operating my business. I further agree to indemnify PAYKUM India for any liability, damages, fines, penalties or other awards arising from any unauthorised conduct that I undertake in operating my PAYKUM business.
13. Entire Agreement

The Agreement, in its current form and as amended by the Company, constitutes the entire contract between the Company and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.

14. Waiver

Any variation or waiver by PAYKUM of any breach of the Agreement must be in writing and signed by an authorised officer of PAYKUM. Waiver by PAYKUM of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.

15. Severability

If any provision of the 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.

16. Delays

PAYKUM is not responsible for delays in the performance of its obligations under this Agreement when performance is made commercially impracticable due to circumstances beyond its reasonable control.

17. Governing Law

This Agreement will be governed by and construed in accordance with the laws of Bhopal without regard to principles of conflicts of laws.

18. Jurisdiction and Venue

The parties consent to jurisdiction and venue before the courts of Bhopal jurisdiction only, for purposes of enforcing an award by an arbitrator or any other matter not subject to arbitration.

19. Limitation of Action

If a Distributor wishes to bring an action against PAYKUM India 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 giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against PAYKUM India for such act or omission. Distributor waives all claims that any other statutes of limitations apply.

20. Proof of address

In order to be eligible for the payment of bonuses as described in the Compensation Plan, proof of address is required for Indian citizens (non-citizens are prohibited by law from participating). Failure to provide satisfactory proof of address within 30 days of entering into this Agreement shall be deemed a breach and PAYKUM may terminate the Agreement without notice.

21. No monies for the PAYKUM Compensation Plan shall be paid if the PAN card is not verified. No payments shall be made to distributorships outside of India.

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