Contract of Distributorship
This document including the Distributor Application overleaf, if fully completed, signed by the applicant(s) when duly accepted by Amway India Enterprises Pvt. Ltd. ("Amway India"), constitutes the Distributor Agreement (”Agreement”) between Amway India, and the applicant(s) whose signature and other identiﬁcation data appear overleaf.
1. Amway India appoints the overleaf - identiﬁed applicant(s) as a distributor of AMWAY products and the applicant(s) (herein after individually and collectively referred to as the “Distributor”) accept(s) such appointment. Distributor may, on a non-exclusive basis, purchase AMWAY products from Amway India, to resell, distribute and market in the territory of India.
2. Distributor hereby conﬁrms that he/she has entered into this Agreement as an independent contractor. Nothing in this Agreement shall establish an employment relationship, or any other labour relationship between the Distributor and Amway India, and nothing shall establish the Distributor's position as procurer, broker, commercial agent, contracting representative or other representative of Amway India. When purchasing and selling AMWAY products, the Distributor shall act as an independent vendor, acting in his/her own name, at his/her own responsibility and for his/her own account.
3. Distributor shall not sell any AMWAY product for a price exceeding the Maximum Retail Price. Distributor may charge, at his discretion, any price that is lower than the Maximum Retail Price indicated on the label of any product or in any, then applicable, price list issued by Amway India.
4. Relation between Amway India and the Distributor and all his/her activities hereunder shall be governed, in addition to this Agreement, by the rules contained in the Amway Business Starter Guide which includes the a) Amway India Sales and Marketing Plan and b) Code of Ethics and Rules of Conduct (hereinafter collectively referred to as “Ofﬁcial Documents”. The Distributor conﬁrms that he/she has received a copy of Ofﬁcial Documents and has read the terms and conditions thereof and agrees to be bound by them in addition to this Agreement. Amway India may amend from time to time, any of the terms and conditions of the Ofﬁcial Documents through notice on its website www.amway.in. If any Distributor does not agree to be bound by such amendment he/she may terminate this Agreement within 45 days of such publication by giving a written notice to Amway India. Distributor's continued relationship with Amway India would constitute an afﬁrmative a) acknowledgment by the Distributor of the amendment and b) Agreement by the Distributor to abide and be bound by this Agreement, Ofﬁcial Documents and its modiﬁcations.
5. This Agreement becomes effective from the date of acceptance by Amway India of the Applicant's contractual offer in the form of this fully completed Distributor Application form. Such acceptance shall be communicated by sending to the Distributor, a Distributor Identiﬁcation Card or upon entering the particulars of the Distributor in Amway’s Distributor Database, whichever is earlier. The Distributor Identiﬁcation Card is and shall remain the property of Amway India and Distributor shall return it to Amway India without any delay upon termination or expiration of this Agreement.
6. The Co-Applicant/Second Authorized Representative acknowledges that Amway India will deal exclusively with the Primary Applicant/First Authorized Representative in respect of all business matters, and also pay commission and / or any other incentives to and in the name of the Primary Applicant/Entity.
7. Amway India will make all payments on account of returns or refunds through Bank transfers /account payee cheques drawn in favour of Primary Applicant/Entity only
9. The Distributor needs to activate the distributorship within 60 days of joining by doing 50 PV of personal purchases of Amway products for retailing. Failure to activate the distributorship will result in automatic termination of this agreement.
10. The distributor will be allowed to sponsor a prospect into the Amway business only after activating his/her distributorship.
11. This Agreement is effective for an initial deﬁnitive period of one (1) year, from the date of acceptance hereof by Amway India. However, incase of acceptance by Amway India of the Applicant’s contractual offer on or after September 1, this Agreement will be effective till December 31 of the following year.
12. All Distributors are required to renew their distributorships for the following year on or before December 31 of each year. Amway India reserves the right, at its complete discretion, to reject any application for renewal.
13. The Distributor may terminate this Agreement at any time by giving a written notice to Amway India. Amway India may terminate this agreement by giving a written notice (a) pursuant to the provisions of the Rules of Conduct; (b) for reasons of non-performance and (c) for the breach of any terms and conditions of this Agreement.
14. Amway India may reject this application for any reason, at its discretion, including if the application contains incomplete, inaccurate, false or misleading information. Any alteration or modiﬁcation will be subject to veriﬁcation.
15. This Agreement is entered into on a personal basis and neither this Agreement nor any of the rights or obligations of Distributor arising under this Agreement may be assigned or transferred without the prior written consent of Amway India.
16. Amway India’s liability, whether in contract, tort or otherwise arising out of or in connection with this agreement and/or relationship arising therefrom 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 distributor during the preceding six months of the date of dispute.
17. Any dispute, differences or claim arising out of as in connection with this Agreement shall be submitted to binding arbitration and shall be referred to the sole Arbitrator appointed in accordance with the rules and regulation of International Center for Alternate Dispute Resolution as a fast track arbitration. The venue of such arbitration shall be at New Delhi and the award of the Arbitrator shall be ﬁnal and binding on all parties. The courts at New Delhi shall alone have jurisdiction in relation to this Arbitration Agreement and any award arising therefrom.
The Distributor agrees to comply with Amway India’s Customer Product Refund Policy as laid down in the Code of Ethics & Rules of Conduct for Amway Distributors which are part of the Amway Business Starter Guide.