Forever Living Contract
Forever Living Contract
Forever Living Contract
Registered Ollice: 501, Sharyans Centre, 5th Floor, Above Ujjat Papad,
Opp. Bandra Rly. Stn., 3 Gurunanak Road, Bandra (W), Mumbai - 400 050.
CIN: U51101MH2011PTC212700 I Id-No: 910-006-
1M....
Mailing Address: Forever Plaza, 74, Hill Road, Band~ 0N),
Mumbai 400 050. India. Tel: 022 6641 4000
e-mail: [email protected] FBO Applicati~n
• • USE CAPITAL LETTERS ONLY (ENGLISH) • • PLEASE ENTER ALL FIELDS • • USE BALL POINT PEN ONLY • •
Mr./Mrs./Ms. Last Nkme First Name Middle Name
Applicant: I I I 1
Telephone Numbers:
Address:
Home
Mobile
City :
I Applicant PAN # Pin Code: State:
I Other II e-mail:
I confirm that I have explainedto the above applicant all the terms and conditions of this agreement along with the Material terms of partiCipation and provided them with the
authorizedorientation program before signing them into this agreement.
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Sponsor's Signature : Sponsor'sld No : _ Date: _
Sponsor's Last Name Sponsor's Other Names Sponsor's Contact #
Sponsor's
Address:
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Applicant's Signature: +- _ Date: '-- __
For Ollice Use Only
Entered by :--
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Verified by : Modified by :----------;7.""r.tnl~
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Annexure "1"
Terms and Conditions
1. Intellectual Property _ The Forever Business Owner (FBO) agrees to use the trademarks, trade names and logos relating to the FLP products (the
"Products") only in the registered or agreed s~le in connection with the marketing and sale of the Products and shall not use such trademarks, trade
names or logos in connection with any other ~roducts or services or as part of any corporate or any trade name. The FBO recognizes and agrees
that all intellectual property rights in or relating to the Products including the trademarks, trade names, logos, copyrights and patents ("Intellectual
Property'') are and shall remain the sole and absolute property of the Company. The FBO shall notify the Company of any illegal or unauthorized use
of any Intellectual Property and shall cease the use of the Intellectual Property from the time this Agreement is terminated and shall not u$e or adopt
any mark, name or logo deceptively similar th~reto at any time thereafter.
Trtleto the Products - The property in tho Produ~ shall not pass to the FBO until the price due in respect of such Products has been paid in lull, provided
neverthelessthat the FBO shall bear the risk o~any loss of damage to or deterioration of the Products from whatever cause arising after delivery of the
Products to the ex-warehouse/factoryor other tlelivery point designated by the Company as concerns a particular purchase order. The Company shall
endeavor that the above terms shall also apply in case of purchase of Products by the FBO from the Designated Distributor or the Company.
3. purchase Orders _ The Company has a standa~dformat for placing orders of Products. The Company shall endeavor that FLPTrading or the Ipesignated
Distr!butor from whom the FBO shall purchase Froducts shall adhere to such format. Such a purchese order placed on the Company or the Iilesign~ted
Disinbutor shall govern all purchases of Products by the FBO. Purchase orders shall be In such form and contain such contractual terms and conditions
as the Company may prescribe trom time to ~ime. Provided that should any conflict occur between a purchase order and this AgreefTIentand/or
Company Policy, this Agreement and the Company Policy will prevail. :rhe Company may amend purchase orders as it deems necessary or advisable
without notice to the FBO. All purchase orders [nust be accepted In writing before they become binding on the Company or the Desiqnated Distributor
4.
effective at the place of acceptance. 1
and the Company or the Dssiqnated Distributor shall be under no obligation to accept purchase orders. Any acceptance of purchase orders shall be
Resale of products _ The FBO shall, SUbjectto applicable laws, regulations and policies, resell the product to retail customers at prices independently
agreed upon between the FBO and the retail cu tomer in accordance with the Company Policy.The FBO shall not make any guarantee or representation
or give any warranty in respect of the Products[other than those previously authorized by the Company in writing. The FBO shall be solely responsible
for any representation made without authoriza ion from the Company and shall indemnify the Company from any claims and expense resulting from
such unauthorized representation.
5. ~ _ The FBO shall bear and pay wheilidue all expenses incurred by the FBO or by his/her team, in the performance of obligations imposed
by this Agreement and Company Policy. The FBO shall obtain at his/her own expenses all necessary governmental permits, licenses and other
requirements (ifand when required) for the Pro· ucts purchased by him/her and agrees to pay all charges, duties, fees, levies, tariffs or taxes which are
assessed against the Products by the governrrlent or agency thereof.
6. Confidentiality _ The FBO shall not use or di~lge or communicate to any person (other than as permitted or contemplated by this Agreement or
with the written authority of the Company or a~ may be required by law) any confidential information concerning the products, customers, business,
accounts, finances or contractual arrangements or other dealings, transactions or affairs of the Company which may come to his/her knowledqe during
the continuance of this Agreement. This obliga'ion shall continue after the termination or expiration of this Agreement.
7. Government Regulations _ The FBO shall be reEPonsiblefor compliance with all applicable central, state and local statutes and regulations, including,
but not limited to, those relating to licensing antl direct and indirect taxation and shall notify the Company of any changes in the laws and regulations
relating to the nature, method of manufacture, ~ackaging or labeling of the products and taxation.
8. LIMITATION OF LIABILITY THE FBO AGREES THAT UNDER NO CIRCUMSTANCESSHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR
ANY CONSEQUENTIAL, DIRECTOR INDIREC~fOR INCIDENTALLOSS OR DAMAGE HOWSOEVERCAUSED OR ARISING (INCLUDINGC~NTRACT,
NEGLIGENCE, STRICTLIABILITYOR OTHER ISE) FROM THE QUALITY,PERFORMANCE, MERCHANTIBILlTY,DURABILITYOR FITNESS OF THE
PRODUCTS,AND ALL WARRANTIES,CONDIT,ONSAND UNDERTAKINGSARE HEREBYEXCLUDED.
9. products List and Alteration to Products _ The Company may, from time to time, amend the list of Products by addition or deletion and may alter the
specifications or designs of any Products. The rBO shall not change or alter the Products in any manner.
10. Hold Harmless The FBO agrees to hold harmless and indemnify the Company against any loss, damage or expenses, including reasonableattorney's
fees, suffered by and any claims, suits or proce'edings brought against the Company or the Designated Distributor which arise out of or in connection
with the performance or failure of performance by the FBO of any covenants, obligations or responsibilities contained in this Agreement.
11. Force Majeure _ Neither Party shall be liable fo~any loss or damage of any nature incurred as a result of any failures or delays in performance due to
any cause or circumstances beyond its control. ifhis includes, but not by way of limitation, any failure or delays in performance caused by any fire, act of
God or the public enemy, riots, incendiaries, interference by civil or military authorities, compliance with the laws, orders or policies of any governmental
authority which events directly affect the perfor±ance of obligations of a party under this Agreement. I
12. partial Validity _ If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any
extent, the remainder of this Agreement and the [apPlication of such provision to persons or circumstances other than those as to which it is held invalid
or unenforceable shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by
law. Any invalid or unenforceable provision of this Agreement shall be replaced with a provision which is valid and enforceable and most nearly reflects
the original intent of the unenforceable provision.
13. Authentic Text _ The authentic text of this Ag~ement is in English language and shall be controlling in the event a question of interpretation or
construction should arise. The text of all day to day commercial communication between the Company and the FBO will be in English and, if and when
necessary, the FBO will translate local languag~ into English.
14. ~ _ Any notice required or authorized to b~ given hereunder, except for routine and typical documentation, shall be served by certified letter return
receipt requested or by telex/facsimile addressed to the Company or the FBO (as the case may be) at the applicable address. Any notice so given by
letter shall be deemed to have been served sever (7) days after the same shall have been posted, not including the day of posting and any notice given
by telex/facsimile shall be deemed to have beer. served on the day of sending the message. Proof that such letter was properly addressed and put
into the post, and in the case of the telex/facsimile, that the message was sent to the correct telex/facsimile numbers shall be conclusive evidence of
service. Notice required by this Agreement shall be addressed to any other address as may be specified by either party by written notice to the other.
15. Entire Agreement This Agreement including t~is Annexure "1" and Company Policy constitutes the entire Agreement and understandinq between
the Parties hereto with respect to the subject r.r1atterhereof and supersedes all previous Agreements, if any, in this regard between the Parties. Any
modifications to this Agreement shall not be eff~ctive unless it is in writing and signed by a duly authorized representative of each Party.
16. ~ l'
_ Failure by any party to exercise any of s rights under this Agreement in one or more instances shall not constitute a waiver of those rights in
another instance. Waiver by a party of any of th rights established herein shall not be considered as a waiver of another right established herein.
17. Interpretatioo _ The headings of the articles, cl uses and paragraphs of this Agreement are inserted for convenience only and shall not affect the
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construction of the terms of this Agreement. Oapitalised words not expressly defined herein shall be construed in accordance with thelmeaning
18.
ascribed to them in the Company Policy.
Applicant Signature
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Assignment _ The FBO is precluded from assign ng any of its rights and obligations under this Agreement without the express written permissl~~';'
Company. However, nothing in this Agreement shall prohibit the Company trom assigning any or all of its rights and obligations under this Aire.!3.~J~
to any of its affiliates or group companies. I
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