Application For Direct Seller
Note:*(Fields Are Mandatory)
Sponsor No : *
Sponsor Name :
Sponsor Address :
Proposer No : *
Proposer Name :
Proposer Address :
Applicant Name : *
Father/Husband Name : *
Nominee Name : *
House No./Location : *
State : *
District : *
City : *
Phone No (Landline) :
Other Mobile No :
ID Proof Type: *
Address Proof Type: *
Bank Account Detail
Bank Name :
Bank Branch State :
Branch Name :
Bank A/C No :
Password : *
Confirm Password : *
Select Hint Question : *
Answer : *
You must Check the Terms & Conditions CheckBox.
I have Read and Agreed to the Following
Terms and Conditions.
TERMS & CONDITIONS FOR DIRECT SELLER
M/s Fashion Suitings Pvt. Ltd., a Company incorporated under the Companies Act,
1956, and having its Registered Office in Bhilwara, Rajasthan, running business
in the name and style as RCM, hereinafter referred to as “The Company”.
The Company is engaged into the business of direct selling through multi level marketing
and in other business activities as stated in the Object Clauses of memorandum of
Association of the Company.
For smooth running the business of direct selling, Company has framed certain rules and
regulation, marketing plan and other terms and conditions. Now in order to simplify
more, to keep more transparent, to control the fraudulent practices and for betterment
of the activities of direct selling through multilevel marketing, Company is modifying
its marketing plan, terms and conditions and other rules and regulations w.e.f.
1st Nov. 2012.
The Company exclusively uses its website to display the details of the products,
marketing methods and business monitoring. It uses verbal publicity to
promote its business.
The Company appoints Direct Seller across the country for marketing
and sale of its products. Individuals (Indian Citizens only) Interested in
becoming the Direct Seller of the Company, can apply for the same in prescribed form.
Filling each & every column is mandatory. There is no deposit or any charges
for becoming a Direct Seller of the Company.
Before filling the application form, the intending Direct Seller shall go through
the terms and conditions herein below thoroughly and if agrees the terms and
conditions, he shall append his signature in the column provided hereunder as token
of their acceptance.
The following words used in these presents shall have the meaning as defined here
- Direct Selling
Means marketing or sales of goods directly to the end user /consumer either by
oral publicity or display or demonstrations of the goods/products or distribution
- Direct Selling Entity/Company
Means a Company namely M/s Fashion Suitings Pvt. Ltd. having its registered office
at Bhilwara, Rajasthan and running its main business in the name and style of RCM.
- Direct Seller
Means a person competent to enter into contract as per “Indian Contract Act”, and
who is authorised and registered as Direct Seller.
Means a person who purchases goods or hires services for consumption and not for
purposes. It shall have the same meaning as provided under the Consumer Protection
- Goods / Products
Means goods/products defined in the Sale of Goods Act, 1930 and section 3(26) of
the General Clauses Act, 1897, is that, it shall include every kind of movable property
other than actionable claims and money.
- Sales incentive
Means amount of incentive payable to the Direct Seller for effecting sale of goods
/products as stipulated in the contract between the Direct Seller and Direct Selling
- Unique ID /Track ID
Means unique identification number issued by the Company to the Direct Seller as
token of acceptance of his/her application for Direct Selling of the goods/ products
of the Company.
Means unique code allotted to each Direct Seller to allow them to log on to the
website of the Company.
Means official website of the Company i.e. www.rcmbusiness.com
- THE APPOINTMENT AND UNDERSTANDING
- The Company upon scrutiny and verification of the Application may register the Applicant
as “Direct Seller” for Direct Selling the goods/ products of the Company. The Company
shall be at liberty to accept or reject his/her application at its discretion.
- The Direct Seller shall enjoy the following privileges:-
- Incentive for effecting sale of goods /products of the Company as per marketing
- No territorial restriction to sale the goods/products,
- Search and inspect his/her account on website of the Company through password
awarded by the Company.
- Earnings of the Direct Seller shall be in proportion to the volume of
by the Direct Seller either by his personal efforts or through team as stipulated in the marketing plan
of the Company.
- An individual, upon appending his signature at the bottom of these presents,
shall be deemed to have accepted the terms and conditions stipulated herein. Upon
registration after scrutiny of the application, he shall become the direct seller
of the Company . Allotment of password and ID shall be construed as registration
as direct seller. The applicant hereby covenants that as under :
- That he has clearly understood the marketing methods/plan, the compensation
plan, its limitations and conditions. He agrees that he is not relying upon any
misrepresentation's or fraudlent inducement or assurance that is not set out in terms and conditions or other officially
printed or published materials of the Company.
- Relation between the Company and the Direct Seller shall be governed in addition to this agreement, by the rules
mentioned in the marketing plan, available on website. The Direct Seller further confirms
that he has read and understood the terms & conditions carefully and agrees to be bound
- Direct Seller shall act as a freelancer and shall not commit any misfeasance or malfeasance
to create any liability/obligation on the Company.
- It is made and understood in very clear terms that Direct Seller is not an Agent, Employee
nor an authorised representative of the
Company or its service providers. He is not authorized to receive/accept any
amount/payment for and behalf of the Company and any payment received by him
will not deemed to be received by the Company.
- Direct Seller, hereby declare that all the information furnished by him
are true and correct. Company shall be at liberty to take any action against the
Direct Seller in the event, it is discovered that the Direct Seller furnished any
wrong/false information to the Company.
- GENERAL TERMS
- The Company may appoint any Third Party for Collection/distribution services. Direct
Seller is required to visit the Company’s official website from time to time to
get such appointment and avail facilities
make payment and collect valid receipt and products from its outlets/collection
- The Direct Seller will be eligible for facilitation fees or income, as per the volume
of sale of Products/Business done by him, subject to the eligibility norms formulated
by the Company from time to time. The Company does not guarantee/assure any
particular or fixed facilitation
fees or income to the Direct Seller.
- Track ID has to be quoted by the Direct Seller in all his/her transactions and correspondence
with the Company. The track ID once chosen cannot be altered at any point of time.
- No communication will be entertained without unique ID and password. Direct Seller
shall preserve the ID and Password properly as it is “must” for logging on to website.
- Commission/income to the Direct Seller shall be subjected to statutory deductions
- The Company reserves its right to withheld/block/suspend the Direct Seller in the
event the Direct Seller fails to provide any details as desired by the Company from
time to time including but not limited to Pan card details.
- Processing charges and any other applicable charges will be deducted as per the
- Direct Seller undertakes to adhere for policies, procedures, rules and regulations
formed by the Company.
- The Direct Seller shall be faithful to the Company and shall uphold the integrity
and decorum to the Company and shall maintain good relations with other Direct Seller
and their clients.
- Company reserves the rights to modify the terms and conditions, products, plan,
business and policies at anytime without notice. Modification shall be published
through the official website of the Company, and any such modification/amendment
shall be applicable and binding upon the Direct Seller from the date of such notification.
- In case of death of Direct Seller either his nominee
or one of the legal heir with consent of all the legal heirs may join the Company as Direct Seller
in place of the deceased provided he applies in prescribed form and undertakes
abide all rules and regulations, terms and conditions etc., in the same manner
as that of original Direct Seller. In case of failure to arrival at such
consent within six month from date of death of the Seller, the Company shall be
at liberty to terminate the ID. For this period the Company will keep his ID in
- If any Direct Seller loses his contratucal capacity due to any reason such as
lunacy,bankruptcy or sentenced to imprionment or any other legal embargo is
created, his Direct Seller ship shall be continued through the person duly
appointed by the competent Court.
- Direct Seller shall have to follow all statutory laws, rules and regulations in operation of their RCM business.
Direct Seller shall not engage in any deceptive of unlawful trade practice as defined
- Direct Seller shall not manipulate the RCM marketing plan or product's rate, B.V.
etc., in any way.
- Direct Seller shall not send, transmit or otherwise communicate any messages to
anybody on behalf of the Company without any authority from the Company.
- Direct Seller or any other person under him is strictly prohibited to use
Material, other than developed and authorised by the Company.
- Direct Seller shall not use the RCM trademark, logotype and design anywhere without
written permission from the Company. Said permission can be withdrawn at any time
by the Company.
- All the arrangements, expenses, permission from local authorities, complying with
rules of central and state government and local body is whole responsibility of
Direct Seller for meetings and seminars conducted by Direct Seller.
- Direct Seller or his/her relatives (relative means dependent son or daughter, father/mother,
spouse) shall not engage in any activities of Multi Level Marketing of any other
entity. If it is found then such Direct Seller shall be terminated.
- Direct Seller is prohibited from listing, marketing, advertising, promoting, discussing,
or selling any product, or the business opportunity on any website or online forum
that offers like auction as a mode of selling.
- The Direct Seller hereby undertakes not to compel or induce or mislead any person
with any false statement /promise to purchase products from the Company or to become
Direct Seller of the Company.
- DUTY AND CONFIDENTIALITY
- Parties Shall keep and maintain secrecy and confidentially about the information
for which they are obliged and expected to keep secret and not disclose anybody other than persons
to whom reasonably expected to be disclosed.
- SPECIAL CONDITIONS
Notwithstanding anything stated or provided herein, the Company shall have all
powers and discretion to modify, alter or vary the terms and condition in any manner
it deems fit and shall be communicated through official website or
other mode as the Company may deems fit and proper. If any Direct Seller does not
agree to such amendment, he may terminate his agreement within
45 days of such publication by giving a written notice to the Company. Without
any objection to such modification / alteration etc., if Direct Seller continues
activities,it will be deemed that he has accepted all modifications and
amendments in the terms & conditions for future.
Company may terminate this agreement for any reason not limited to;
Termination of a Direct Seller means termination of
- Pursuant to the provision to the marketing plan.
- For reason of non-performance.
- Any unethical and pre judicial work to the interest of the Company.
- For the breach of any terms and conditions of this agreement and marketing plan.
- Information given by Direct Seller found wrong/false.
- In convicted of an offence punishable imprisonment of whatever term.
- Is declared bankrupt.
- Is not mentally sound to handle the business.
- Migrate to other country.
- All rights and entitlements as a RCM Direct Seller.
- Personal information given on website.
- Identification as a RCM Direct Seller.
- Right to go at any RCM office and attend RCM meeting / seminars .
The Direct Seller may terminate this agreement at any time by giving a written notice
to the Company.
- RENEWAL/AGREEMENT PERIOD
Direct Seller authorisation shall expire at the end of twelve months from the date
of acceptance of application form for Direct Seller by the Company. In order to
keep continuity as Direct Seller of RCM for further period, Direct Seller must annually
renew his/her authorisation of RCM Direct Seller on or before the expiry period.
Renewal application is available on RCM website in personal information. Direct
Seller has to apply for renewal through login his/her personal information
Company reserves the right to refuse any renewal request and can revoke any Direct
Seller renewal application if, in Company’s opinion, the activities of Direct
Seller are not in the interest of RCM or if the Direct Seller has failed to comply the rules, procedures, terms and conditions etc., during
the twelve months.
The agreement of Direct Seller will automatically comes to end in case of non-compliance
of renewal formalities
- FORCE MAJEURE
The Company shall not be liable for any failure to perform its obligations where
such failure has resulted due to Acts of Nature (including fire, flood, earthquake,
storm, hurricane or other natural disaster), war, invasion, act of foreign enemies,
hostilities (whether war is declared or not), civil war, rebellion, revolution,
insurrection, military or usurped power or confiscation, terrorist activities, nationalization,
government sanction, blockage, embargo, labour dispute, strike, lockout or interruption
or failure of electricity, any type of redirection by Government (Central and /
or State), Local Authority etc.
- RECOURSE AND LEGAL APPLICABILITY
- The terms and conditions stipulated in the forgoing paragraphs shall be governed
in accordance with the law in force in India. Disputes, either civil or criminal
in natural, shall be subject
to the exclusive jurisdiction of the courts in Bhilwara, Rajasthan only and
- If any dispute or difference arises out of or in relation to these presents, the
same shall be referred to sole arbitrator appointed by the Company. Direct Seller
shall not raise any objection, in case the Arbitrator so appointed any manner whatsoever. Arbitration in
such event shall be conducted as per “Arbitration and conciliation Act, 1996” as
amended from time to time. Venue of such Arbitration shall be in Bhilwara and the
language shall be English.
RCM's liability, whether in contract, tort or otherwise arising out of or in connection
with the agreement and/or relationship arising there from shall not exceed the lesser
of a) actual damages or loss assessed by the arbitrator or any other dispute resolution
mechanism adopted by the parties or; b) the total commission earned by the Direct
Seller during preceding six months of the date of dispute.