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The Application & Agreement, Policies & Procedures and Compensation Plan are specifically incorporated herein by reference. They, along with these Terms & Conditions, form the Agreement between:
Piranha and its Affiliated Partners [alias AP]
&
Piranha with its Customers
1. Independent AP is of legal age in the state/province or country in which our Piranha International resides or state/province which Independent AP resides in.
2. Any AP who sponsors another AP or receives a Bonus or Commission on the product sales of another AP must fulfill the obligation of performing a bona fide supervisory, distributing and selling function in the sale or delivery of a product or service to the ultimate consumer and in the training of those personally sponsored. AP must have ongoing contact, communication and arrangement with his or her sales organization. Examples may include, but not limited to: email, newsletters, correspondence, meetings, telephone contact, accompanying individuals to company training sessions and sharing genealogy information with those sponsored. AP should be able to provide evidence to the Company of ongoing fulfillment of sponsor responsibilities.
3. APunderstands that he/she is not compensated for sponsoring other AP but earns compensation solely on the sale of products and/or services to ultimate consumers directly or even some part of commission is earned when AP under him does any sale.
4. The APfurther understands that he/she will not be treated as an employee in regard to any laws covering employees. An AP shall be responsible for obtaining all licenses required by law in whatever State, County or Country in which they reside, and pay all applicable fees and taxes on his own which may levy on him.
5. APagrees to accept the sole responsibility for all self-employment and all legal country/federal and state and local income and sales taxes and any other taxes on income earned as an Independent Sales Representative. The Company will file appropriate tax earnings report forms on each APat the close of the calendar year for the amount of commissions and bonuses earned in their country of residence under this agreement.
6. APagrees that the Company is not be liable for city, county, state, local and country/federal income taxes, sales taxes or other fees pertaining to sales and earnings of anAPand APwill hold the company harmless from all of same.
7. APSHALL NOT promote or sell other companies’ sales programs, products or Company functions on websites where Company is mentioned, or use the Company forms or printed materials or its name, prestige, or drawing power in conjunction with or in support of any other activities.
8. APshall not sponsor or attempt to sponsor another Company APinto another Direct Sales and/or Network Marketing Company except for her/his personally sponsored Independent Sales Representatives. In addition, no APshall participate in any action that causes an APto be sponsored through someone else into another company.
9. APwill make no claims as to income potential either written or oral except those prepared by the company for illustration purposes only.
10. APwill not make any claims of any kind pertaining to the benefits of the company’s products and services except those given in official company promotional media. When presenting the Company program to others, APshall present the program in its entirety, without omission, distortion or misrepresentation.
11. APshall not represent or imply, directly or indirectly, that the company has been approved or endorsed by any governmental agency. (Federal and State regulatory agencies do not approve or endorse any marketing company product or programs.)
12. APwill indemnify and hold the company harmless from any and all claims, expenses, costs, causes of action and damages resulting from or growing out of APstatements or actions in violation of this agreement.
13. Should APbe terminated for cause, Independent Sales Representative's sales organization may be transferred to his/her first active upline APat Company's sole discretion.
14. I understand that at least 70% of all of Distributor's wholesale purchases must be resold to customers that are not Independent Sales Representatives of Company and that I will not purchase products solely for qualification for a higher position, bonus or commissions.
15. The terminated APwill be eligible to reapply and may choose a new sponsor after six (6) months. A terminated APthat re-enters the program may not sponsor any of her/his original downline organization.
16. APunderstands that Company does not permit changing of sponsors. Network Marketing is a business of creating relationships. Once an APis sponsored, the Company believes in maximum protection of that relationship.
17. APhereby supplies Piranha with his/her signature for Company files and understands that this signature is the signature of record for all debit card, ACH and any future credit card transactions.
18. APwithout a sales tax ID number authorizes Company to remit to proper agencies the sales/use tax generated as a result of Independent Sales Representative's product sales.
19. As an Independent Contractor, APis aware of the contractual obligations that occur when she/he purchases products or services from Company. APunderstands that he/she maintains a greater responsibility when ordering on a credit card account as an informed APthan when ordering as a customer.
20. Company will pay APcommissions and bonuses on orders received and accepted for sale of products to the ultimate consumer (not sales aids) made by APand his/her sales organization under the terms of Compensation Plan.
21. Company will retain full authority to accept or reject any Application or any order for products. Such refusal is solely within the discretion of the Company. No right of action against Company will arise because of any such acceptance or refusal.
22. Company reserves the right to amend, revise, institute, alter or modify changes including but not limited to prices, literature, policies, this Agreement and the Compensation Plan. Any such revisions become effective by email, letter(s) or by publication in official company literature or posted to APat his or her last known address. APagrees to be bound by these changes. Changes will become part of the agreement upon notification. The Distributor Compensation Plan and Policies and Procedures, and all modifications thereafter, are incorporated into and are a part of this agreement.
23. Company shall not be responsible for acts beyond its control, including but, not limited to: fire, flood, earthquake, storms, power outages, labor difficulty, equipment failure, supplier problems, or other difficulties that might prevent performance according to this agreement.
24. Company assumes no liability for personal injury arising from use or mishandling of any of the Company product(s).
25. Company reserves the right to terminate this agreement immediately upon receipt of sufficient information that APhas violated any term or condition of this agreement or has otherwise acted illegally or unethically.
26. Company requires that all AP to obey the letter and the spirit of the law.
SECTION ONE: APSTATUS
1.01 BECOMING A INDEPENDENT SALES REPRESENTATIVE or an AP
An applicant becomes a AP(“Independent Affiliated Partner”) also referred to as an Independent Distributor of Piranha when the applicant's completed Application and Agreement has been received and accepted by the Company, by Internet or by mail, at its Home Office. Company reserves the right to decline any Agreement for any reason, at its sole discretion.
APuses his/her best effort to promote and sell products and services of Company to consumers pursuant to the Agreement contained within these Policies and Procedures and Terms and Conditions. In doing so, APwill maintain the high standards of honesty, and integrity and business ethics when dealing with Consumers, Company or other Company Independent Sales Representatives.
1.02 PRODUCTS WORTH 10,000 INR or JOINING FEE of 10,000 INR is REQUIRED
1.03 APOBLIGATIONS & RIGHTS
Independent AP are authorized to sell Company products and services and to participate in the APCompensation Plan. AP may sponsor new AP or make sales.
1.04 LEGAL AGE
An AP must be of legal age in the state / province / country of their residence.
1.05 CORPORATIONS, PARTNERSHIPS & TRUSTS
Corporations, partnerships, limited liability companies or other forms of business organizations or trusts cannot become AP.
1.06 FICTITIOUS OR ASSUMED NAMES
A person or entity may not apply as APusing a fictitious or assumed name. KYC update is mandatory.
2.01 TERM
Subject to the terms of Joining, AP membership is not subject to any renewal. The only required thing is to perform on sales and adding more AP under.
4.01 VOLUNTARY RESIGNATION
a) APmay voluntarily terminate his or her APstatus by failing to renew or by sending thirty (30) days written notice of such resignation or termination to Company. Voluntary resignation is effective upon receipt of such notice by Company.
b) APwho resigns or terminates their APstatus may reapply as AP, three (3) months after resignation.
4.02 SUSPENSION
APmay be suspended for violating the terms of his or her Agreement, which includes these Policies and Procedures, the Terms and Conditions and the Compensation Plan and other documents produced by Company. When a decision is made to suspend AP, Company will inform the APin writing that the suspension has occurred effective as of the date of the written notification, the reason for the suspension and the steps necessary to remove such suspension (if any). The suspension notice will be sent to the Independent Sales Representatives “address on file” pursuant to the notice provisions contained in the Policies and Procedures and Terms and Conditions. Such suspension may or may not lead to termination of the APas so determined by Company at its sole discretion. If the APwishes to appeal, Company must receive such appeal in writing within fifteen (15) days from the date of the suspension notice. Company will review and consider the suspension and notify the APin writing of its decision within thirty (30) days from the date of the suspension notice. The decision of Company will be final and subject to no further review. Company may take certain action during the suspension period, including, but not limited to, the following:
a) Prohibiting the APfrom holding himself or herself as APor using any of Company's proprietary marks and/or materials;
b) Commissions and bonuses that are due the APduring the suspension period will automatically be distributed between the uplines in order;
c) Prohibiting the APfrom purchasing services and products from Company; and/or;
d) Prohibiting the APfrom sponsoring new AP, contacting current AP or attending meetings of AP.
If Company, at its sole discretion, determines that the violation which caused the suspension is continuing, and has not satisfactorily been resolved or a new violation involving the suspended APhas occurred, the suspended APmay be terminated.
4.03 EFFECT OF TERMINATION
Immediately upon termination, the terminated AP:
a) Must remove and permanently discontinue the use of the trademarks, service marks, trade names and any signs, labels, stationary or advertising referring to or relating to any product, plan or program of Company.
b) Must cease representing themselves as APof Company;
c) Loses all rights to his or her APposition in the Compensation Plan and to all future commissions and earnings resulting there from;
d) Must take all action reasonably required by Company relating to protection of Company's confidential information. Company has the right to offset any amounts owed by APto Company including, without limitation, any indemnity obligation incurred pursuant from commissions or other compensation due to the Independent Sales Representative.
4.04 REAPPLICATION
The acceptance of any reapplication of a terminated APor the application of any family member of a terminated APshall be at the sole discretion of Company and can be denied.
4.05 STATE LAWS
Where state laws on termination are inconsistent with this policy, the applicable state law shall apply.
5.01 TRADEMARKS
Companies name trademarks, service marks and copyrighted materials are owned by the Company. The use of such marks and materials must be in strict compliance with these Policies and Procedures.
5.02 ADVERTISING & PROMOTIONAL MATERIALS
Only the promotional and advertising materials produced by Company or approved in advance in writing by Company may be used to advertise or promote anAP's business or to sell products and services of Company. Company's literature and materials may not be duplicated or reprinted without the prior written permission.
5.03 USE OF COMPANY NAME
AP may use the name of Company only in the following format: “Independent APfor Piranha.
5.04 STATIONERY AND BUSINESS CARDS
AP’s are not permitted to “create” their own stationery, business cards or letterhead graphics, if Company's trade name or trademarks are used. Only the approved Company's graphics version and wording are permitted; letterhead, envelopes and business cards must be ordered using the online/stationery order form.
5.05 ELECTRONIC ADVERTISING
AP’s may not advertise or promote their APbusiness or Company's business, products or marketing plan or use Company's name in any electronic media or transmission, including on the Internet via web sites or otherwise, without the prior written approval of Company's legal department.
5.6 ENDORSEMENTS
No endorsements by a Company officer or administrator or third party may be asserted, except as expressly communicated in Company literature and communications. Federal and state regulatory agencies do not approve or endorse direct selling programs. Therefore, AP may not represent or imply, directly or indirectly, that Company's programs, products or services have been approved or endorsed by any governmental agency.
5.7 REPACKAGING PROHIBITED
AP may not repackage products or materials of Company.
6.01 BASIS FOR COMMISSIONS
Commissions and other compensation cannot be paid until a completed Agreement has been received and accepted by Company. Commissions are paid ONLY on the sale of Company services and products. No commissions are paid on the purchase of Sales materials or for Sponsoring Independent AP. In order to receive commissions on products and services sold, Company must have received and accepted an Agreement prior to the end of the commission period in which the sale is made. All KYC must be completed beforehand.
6.02 COMMISSION PERIOD
A business period refers to the time period opening on the first (1st) day of the commission period and extending up until order entry closes on the last business day of the period (5:00 p.m). Company offices are open Monday through Friday 9 a.m.-5 p.m, with the exception of certain holidays as posted by Company. All payouts will be given twice every month.
6.03 COMMISSION PAYMENTS
Commissions are paid to “qualified” AP in upline upto 5 levels as defined within the Compensation Plan. Independent AP must consult the Compensation Plan for a detailed explanation of the benefits, commission structure and requirements of the Compensation Plan.
7.01 STOCKPILING PROHIBITED
The success of Company depends on retail sales to the ultimate consumer; therefore all forms of stockpiling are prohibited. Company recognizes that AP may wish to purchase certain products for their own use. However, Company strictly prohibits the purchase of products in unreasonable amounts and prohibits the purchase of products only or primarily to qualify for compensation.
7.02 RETAIL SALES RULES
Independent Sales Representatives must save a copy of the Retail Sales Slip given to retail customers; receipt shall be fully completed and include the name, address and phone number of each retail customer and, upon request by Company, provide copies of such receipts to Company. If Company determines that retail sales were not actually made, the APmust repay Company all commissions earned during the calendar period in which the retail sales were to have been made.
7.03 ORDERING METHODS
All orders submitted to Company shall have the APIdentification Number placed thereon to assist Company in crediting the appropriate AP.
7.04 PAYMENT OPTIONS
Purchases may be paid by debit card or major credit card or net banking. If an underpayment is made, the order will not be processed until the full amount is received by Company.
7.05 SHIPPING AND HANDLING POLICY
This information is covered in Shipping Policy section.