Agreement Between Business Associate & Toptime Direct Marketing Pvt. Ltd.:

PLEASE READ THE TERMS & CONDITIONS AND PRIVACY POLICY MENTIONED BELOW BEFORE PURCHASING ANY PRODUCT OR SERVICES FROM TOPTIME. AGREEMENT ALSO PROVIDES INFORMATION ON HOW TO BECOME AN INDEPENDENT BUSINESS DISTRIBUTOR (IBD).

Toptime Direct Marketing Pvt. Ltd., a firm incorporated under the Act, 1932, and having its Registered office in Janakpuri, New Delhi (India), running business in the name and style as Toptime Direct Marketing Pvt. Ltd., firm is engaged into the business of direct selling through ‘Direct Marketing Concept’ and in other business activities.

For smooth running of the business of direct selling, Toptime Direct Marketing Pvt. Ltd. has certain rules and regulations, marketing plan and other terms and conditions. Toptimeexclusively uses their website to display the details of the products, marketing methods, business monitoring, while uses the word of mouth publicity to promote and create awareness about the website and its products.

Toptime Direct Marketing Pvt. Ltd. does appoint an ‘Independent Business Distributor (IBD)’ across India for marketing and sale of their products and services. If Interested individuals (Indian Citizens only), wish to become ‘Independent Business Distributor’ of the firm, they can apply for the same in prescribed form. Filling each & every column is mandatory. There is no deposit or any charges for becoming an ‘Independent Business Distributor’ of Toptime.

Before filling the application form, the intending member shall go through the terms and conditions herein below thoroughly and if agreeable to the terms and conditions shall append their signature in the column provided hereunder as token of their acceptance.

RIGHT TO CHANGE RULES, REGULATIONS, PLANS, POLICIES AND WEB CONTENTS:

All ‘Independent Business Distributors’ (IBDs) are required to strictly comply to all the rules & regulations formulated by Toptime Direct Marketing Pvt. Ltd.

Notwithstanding anything stated or provided herein Toptime Direct Marketing Pvt. Ltd. reserves the right and sole discretion to change, modify, update, enhance, add, remove, revise or discontinue the terms and conditions of it’s agreement and website contents in whole or any portion at any time.

Toptime Direct Marketing Pvt. Ltd. reserves the sole right to change, rectify and to amend the business plan, rules and regulations, policies and procedures, terms and conditions from time to time. The ID's shall abide by all the changes made by the firm from time to time.

For changes to this agreement Toptimewill place a notice on the site by revising the link on the homepage to read substantially as "Updated Terms of Use" for a reasonable amount of time.

Acknowledge and agree that it is your responsibility to review Toptimewebsite and agreement periodically, to be aware of any modifications.

If any IBD does not agree to be bound by such amendment(s), he/she may terminate this agreement within 60 days of such publication by giving a written notice to the firm. Without submission of the objection for modification etc., if IBD continues the direct selling activities then it will be deemed that he/she has accepted all modifications and amendments in the terms & conditions for future. The most current version of this Agreement will be available on the website and will supersede all previous versions of this agreement.

ELIGIBILITY:

Without limiting Toptime’s rights, the following are the requirements for becoming an ‘Independent Business Distributors’ (IBDs)’or renewing a Toptimedistributorship:
a) A Distributor must be at least 18 years of age
b) He/She must be mentally sound to handle and manage the business.
c) He/She must not have been suspended from his current profession or business by any professional association, society, or institution.
d) He/She must not have any criminal record or convicted of an offence punishable by a prison term or confined to any correctional institution of any kind.

JOINING & ACTIVATION OF SPONSORSHIP BUSINESS ID (SBI):

Joining as ‘Independent Business Distributor (IBD)’ with Toptime Direct Marketing Pvt. Ltd. is absolutely FREE.

The ‘Independent Business Distributor’ needs to activate the Sponsorship Business ID (SBI) by personal purchases of Toptimeproducts of his/her choice for retailing or personal use. The Sponsorship Business ID will be activated for Sponsorship Business from the date of IBD’s his/her own First Purchase. (Refer ToptimeBusiness Catalogue to know more about Sponsorship Business Plan and minimum qualifying purchase value to initiate the business).

Failure to activate the Sponsorship Business ID will result in automatic termination of business agreement, resulting that IBD will not be allowed to sponsor a prospect into the Toptimebusiness nor he/she will get any payout/incentive out of sponsorship business plan.

REJECTION OF APPLICATION:

The application should be complete in all respects; any incomplete application shall be rejected. Toptimemay reject the 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.

RESIGNATION:

An Independent Distributor can exit or cancel his/her Toptimebusiness at any time by sending a letter to Toptime Direct Marketing Pvt. Ltd. with a copy to his Sponsor.

EMPLOYMENT RELATIONSHIP:

Toptime Direct Marketing Pvt. Ltd. distributors are independent distributors operating their own business and are not employees/agents of Toptime Direct Marketing Pvt. Ltd. or its affiliated subsidiaries. No Distributor shall represent that he or she has any employment relationship with Toptime Direct Marketing Pvt. Ltd. or any of its affiliated companies and/or other Distributors nor shall they refer to themselves as “agents,” “managers,” or “representatives”, nor shall they use such terminology or descriptive phrases on their stationery or other printed material.

IBDs may not use the Toptime Direct Marketing Pvt. Ltd. Distributor identification card to create the impression that there is a subordinate relationship with Toptime Direct Marketing Pvt. Ltd.. This identification card issued to an IBD by Toptime Direct Marketing Pvt. Ltd. is to be used exclusively when the IBD wants to purchase products from Toptime Direct Marketing Pvt. Ltd. and at the time of approaching customers for sale. When purchasing and selling Toptimeproducts, 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.

Distributor (IBD) 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 Toptime, and nothing shall establish the distributor's position as procurer, broker, commercial agent, contracting representative or other representative of Toptime Direct Marketing Pvt. Ltd..

EXTENSION OF AGREEMENT:

a) Independent Business Distributor (IBD) authorization shall expire at the end of twelve months from the date of acceptance of application form by M/s. Toptime Direct Marketing Pvt. Ltd.. In order to keep continuity as business distributor of Toptime, candidate must complete the formalities to get extension for further period free of cost on or before 30 days from the agreement expiry date. Application for extension is available on Toptimewebsite in ‘Downloads switch’.
b) If due to some reason an IBD fails to extend his/her agreement period then he/she will get a last chance to continue his/her business as IBD by purchasing products worth Rs.1,000 in next 90 days as a grace period from the date of expiry of IBD agreement.
c) In case an IBD does not participate to get extension even during the grace period of 90 days then he/she can rejoin any other group of Toptimenetwork without any charges and he/she has to send his/her new application form to Toptime Direct Marketing Pvt. Ltd. along with old ID number for fresh joining. His/her old ID will be terminated and old team will be shifted under his/her previous upline.
d) Finally, If an IBD fails to get extension during the six calendar months/183 days from the date of expiry of IBD agreement, then his/her ID will be deleted permanently & his/her downline team will be shifted to his/her upline.
e) Refusal of Extension: Toptime Direct Marketing Pvt. Ltd. reserves the right, at its complete discretion, to reject or refuse any application for extension of IBD agreement if in firm’s opinion, the IBD’s activities have not been in accordance with the interest of Toptimebusiness method or if the IBD did not comply with any of the rules, procedures, terms and conditions etc., during the twelve preceding months.

TERMINATION OF AGREEMENT:

The Independent distributor agrees that the firm reserves the right to suspend and even terminate this agreement at any time by giving a written notice to the Distributor (IBD), due to negligence, false claims, misrepresentation, unethical business practices such as but not limited to piracy of distributors to other networks or MLM companies, non performance, breach of any terms and conditions of this agreement, pursuant to the provisions of the Rules of Conduct, indirect violation of the existing policies and guidelines of the firm which is considered as a serious breach.

CANCELLED IDs ARE NOT ALLOWED TO USE ToptimeLOGO & BADGES:

Once the ID is cancelled the ‘Independent Business Distributor (IBD)’ will not be allowed to use the logos or symbol, pins and badges as awarded by the company and he/she will not indulge in any group formation or group development activity of Toptime.

NOTHING CAN BE PRODUCED WITHOUT PRIOR CONCENT:

‘Independent Business Distributor (IBD)’ will not produce, promote, or use materials of any kind describing the Toptimeprograms, products, and trademarked, copyrighted, or otherwise protected materials without any prior consent. All Toptimeprinted and web material is copyrighted and may not be reproduced in whole or in part by any IBD or other member, staff except by prior written permission from Toptime Direct Marketing Pvt. Ltd. authorities.

VALUE ADDED TAX (VAT):

All Toptime Direct Marketing Pvt. Ltd. products will be delivered to IBDs or consumers inclusive of value added tax along with bill of sale.

COMPENSATION ACCORDING TO THE SALES:

Toptime Direct Marketing Pvt. Ltd. does not guarantee any definite income to any independent business distributor. IBD agrees that compensation is only paid for sale of the product to customers and end users as defined in the policies and the firm’s compensation plan. All the earning of the distributor shall solely depend upon his / her sales and group purchasing, all the growth income payouts (Bonus, reward, award, offer) fully depends upon growth of the organisation.

Toptime Direct Marketing Pvt. Ltd. WILL DEAL EXCLUSIVELY WITH THE PRIMARY APPLICANT:

a) The Co-Applicant/Second Authorized Representative acknowledges that Toptime Direct Marketing Pvt. Ltd. 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 only.
b) Toptimewill make all payments on account of returns or refunds through Bank transfers /account payee cheques drawn in favour of Primary Applicant only.

PRODUCT REPLACEMENT& REFUND AGAINST RETURN POLICY:

BEFORE REPLACING OR RETURN ANY MERCHANDISE, PLEASE READ CAREFULLY:

Replacement: a) In case if, the IBD receives any Damaged/Tampered/Broken sealed product from the customer, he/she shall report to the customer care of Toptime/ registered office via Toptimeregistered e-mail or SMS immediately or within 36 hours from the date and time of invoice. Please note product (s) must reach within 48 hours at Toptimereplacement counter/ToptimeStore (from where product has been purchased) along with the product(s), Purchase Invoice and ‘Product Replacement Challan’.
b) This policy does not apply to products that have been intentionally damaged or misused.
c) Customer is entitled to get the replacement of product(s) within 21 days from the date of receipt of the defective product. Period of product replacement is calculated as the number of days from the Invoice date
to the date of receipt at the Toptime Direct Marketing Pvt. Ltd. replacement counter./ Authorised store.

Refund against Return:

All Toptime Direct Marketing Pvt. Ltd. Products are covered by Toptime Product Refund Policy. If the customer is not completely satisfied, he/she is entitled to return the product(s) within 21 days from the date of invoice for a full refund. The refund policy is applicable only for products in usable condition, and partially used products (not consumed more than 25%) accompanied with an invoice. This policy does not apply to products that have been intentionally damaged or misused.

REPACKAGING:

Distributors are not allowed for repacking/ relabeling or change or alter any of the packaging labels of Toptime Products.

ID IS NOT TRANSFERRABLE:

a) The distributor’s ID is not transferrable.
b) Upon death of distributor the ID shall stand transferred to the nominee, mentioned in the distributor form who will be entitled to receive all benefits. This will be done on death certificate and other necessary papers being submitted to the firm along with an application by the nominee.

ELIGIBILITY, ETHICS AND RULES OF CONDUCT FOR ToptimeIBD’S

  • Any Indian citizen who is 18 years of age and above can become an Independent distributor.
  • There is no cost to join the Toptimebusiness. Joining is Absolutely “Free"
  • For development of Toptime Direct Marketing Pvt. Ltd. business every IBD shall work with devotion, full commitment, sincerity and Deliver the best results. A distributor shall be diligent and truthful in his interaction with other distributors of Toptime.
  • The distributor shall not misguide any one regarding products/Services; every distributor shall explain the product details strictly in accordance to the details mentioned on the product literature, without mapping any misleading or unauthorized claims.
  • He/She should not make false claims about the opportunity, products, earnings and efforts required to build the business. The Distributor shall not try to exaggerate or make false claims about the general public and down line fellow distributors.
  • Distributor shall not sell any Toptime product for a price exceeding the Maximum Retail Price (MRP). 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, the applicable, price list issued by Toptime Direct Marketing Pvt. Ltd.
  • Distributor has the duty to supervise and train any Distributor that he/she may sponsor as described in the policies ;every Distributor will explain the Toptimeprograms honestly and completely when presenting them to others.
  • He/she understands and will make clear in any presentations that no earnings are guaranteed by the company, or its programs; No Distributor will earn solely from sponsoring, commissions are based on product sales; that there are no exclusive territories for IBD’s in the program.
  • If you have any questions or comments about Toptime Direct Marketing Pvt. Ltd. products, website, or this agreement, Please contact us via email at toptime@gmail.com

FORCE MAJEURE:

The firm 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, explosion hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, national emergency, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, any type of redirection by Government (Central and / or State), Local Authority etc. The firm shall not be responsible for any delays, failure in performance due to circumstances beyond either party's control, which includes without any limitations, strike, riots, labour difficulties, war, fire, death and curtailment orders usual source of supply or a government orders or circumstances beyond the firm’s control

ARBITRATION:

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 provisions of the Indian Arbitration Act 1940 and will be subject to Delhi Jurisdiction only. 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 there from.

I/we solemnly affirm and declare as follows:

  1. That I have read and understood the terms and conditions for “Independent Distributorship” of Toptime.
  2. I have also gone through the Toptimeofficial website, printed materials, brochures and convinced about the business and I have applied to appoint me as an ‘Independent Business Distributor (IBD)’on my own volition.
  3. I declare that I have not been given any assurance or promise by the Toptime Direct Marketing Pvt. Ltd. or its affiliates as to any income on account of the product purchase made by me. However I am made to understand that I will be required eligible for income depending upon the volume of business done by me, as per terms and the firm reserves the right to change the Business Plan at any point of time.
  4. I agree that as a distributor I will execute my activities in legal form, with ethics and morals, and I will make every effort to promote the sale and the use of the services and/or products offered by the company to the general public. I understand that as a distributor my conduct must be in harmony with the public interest and that I will avoid any inappropriate practice, misleading, false or lack of ethics. In addition, I agree to obey all central, state, and local laws, governing the operations of the business of Toptime.
  5. I undertake not to misguide or induce any one dishonestly to join the Toptime Direct Marketing Pvt. Ltd. business.
  6. I hereby agree and adhere to the terms and conditions as stipulated along with the application form and as mentioned above to agree to purchase the product(s) as Consumer/to do the ‘Independent Business Distributor (IBD)’ activities.
  7. I hereby agree to submit all disputes to arbitration as provided in the terms and conditions of the firm.
  8. I understand that I will be an independent distributor; not an agent, employee or owner of the Toptime Direct Marketing Pvt. Ltd.. I UNDERSTAND AND AGREE THAT I WILL NOT BE TREATED AS AN EMPLOYEE OF THE COMPANY FOR TAX PURPOSES. I understand and agree that I will pay all applicable taxes, taxes for those who are self-employed, sales tax, local taxes and/or fees for local licensing that I have to pay as a result of my activities under this agreement, as was noted by the tax administration of the entity where I am working.