These terms conditions are executed between Onmax Marketing Private Limited and Distributor. Hereafter Onmax Marketing Private Limited referred as Onmax .

I hereby submit my application to become an independent distributor of Onmax Marketing Private Limited (Onmax or company) and include its parent or affiliated companies , legal heirs ,successors, agents, representatives and permitted assigns .My application and this agreement becomes effective on the date in which my application is being accepted by Onmax Marketing Private Limited . The term agreement shall mean this application and all other policies and procedures of Onmax which may be in force from time to time.Onmax Marketing Private Limited may accept or reject my application at its own discretion. I certify that I am a lawful citizen of India and that I am of legal age to enter into this agreement.

• Parties: : I understand that I am contracting with Onmax, for the right to purchase, to resell, to distribute and to market only the Onmax products in the territory of India.
• I hereby confirm that I have entered into this agreement as an independent contractor. Nothing in this agreement shall establish an employment relationship or any other labor relationship between me and Onmax and nothing shall establish my independent distributor’s position as procurer, broker, commercial agent, contracting representative and other representative of Onmax . When purchasing and selling the Onmax products, the independent distributor shall act as an independent vendor, acting in his/her own name, at his/her own responsibility and for his/her own account.
• Relation between Onmax and tile distributor and all his/her activities hereunder shall be governed, in addition to this agreement, by the Onmax sales and marketing plan and distributors policies and procedures, which may be in force from time to time. The distributor confirms that he/she has read this document and terms and conditions here of and agrees to be borne by them in addition to this agreement.
• Compliance: I agree to comply with all applicable laws relevant to conduct of my activities as an independent distributor under this agreement. In particular and without limitation, I must not make any actual or potentially misleading deceptive claims or mislead/induce/compel any person with falls statements /promise to become an independent distributor or to purchase Onmax products and generally in relation to doing business with Onmax. I shall not sell any Onmax product for a price exceeding the maximum retail price mentioned on such products.
• Rights:: I understand that as an independent distributor of Onmax, I have the right (but not the obligation) to :
  • Buy from Onmax and offer for resale Onmax products in accordance with the agreement in such manner as Onmax may from time to time allow in relation to its independent distributors generally and only on a direct selling basis and not through retail outlets except to the extend from time to time permitted by Onmax.
  • Recommend any person as independent distributor, subject to acceptance by Onmax .
  • If qualified, earn bonus and other rewards, pursuant to the Onmax Marketing sales and marketing plan that will be awarded on the same basis as it allow its independent distributors generally in respect of legitimate sales of Onmax products, and not in respect of the mere introduction of new distributors to Onmax.
• Bonus payment: : I understand that I must not be in breach of the agreement to be eligible to receive any bonus or payment pursuant to the MAKLEAD sales and marketing plan.
• The co-applicant or second authorized representative acknowledges that Onmax will deal exclusively with the primary applicant /first authorized representative in respect of all business matters , and pay commission and/or any other incentives only to and in the name of the primary applicant/entity.
• Amendments : Onmax may be required to amend this agreement from time to time. Onmax agrees to notify the amendments which I may accept or reject. If any independent distributor does not agree to be bound by such amendments , he/she may terminate the company within 30 days of such amendment information by giving a written notice to Onmax.The independent distributors continued relationship with Onmax would constitute an affirmative ;
• Acknowledgement by the independent distributor of the amendments.
• Agreement by independent distributor to abide and be bound by this agreement and its amendment(s), from time to time.
• No Assignments : I shall not assign any rights or delegate my duties under this agreement without the prior written consent of Onmax .Any attempt to transfer or assign this agreement without the express written consent of Onmax renders the agreement voidable at the option of Onmax and may result in termination of this agreement.
• Release and Indemnification: To the maximum extended permitted by law; Onmax, its parent or affiliated companies, directors officers, shareholders, employees and agents (collectively referred to as” affiliates”), shall not be liable for, and I release Onmax from, all claims for consequential and the exemplary damages for any claim or cause of action relating to this agreement. I further agree to release Onmax from all liability arising from or relating to : (a) My or any other independent distributors breach of the agreement; (b) the promotion or operation of Onmax business by me or any other independent distributor and any other independent activities related to it including ,but not limited to ,the presentation of Onmax products or the Onmax sales and marketing plan, the lease of meeting or training facilities,etc,and agree to indemnify Onmax for any liability damages, fines ,penalties, or other,(c) Any incorrect data or information provided by me or any other independent distributor to Onmax; (d) My or any other independent distributors failure to provide any information or data necessary for Onmax to operate its business; or (e) Awards arising from any unauthorized conduct that I undertake in operating my business. I further agree to indemnify Onmax for any liability damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in being independent distributor.
• Entire Agreement: The agreement, in its current forms and as amended by the company from time to time constitutes the entire agreement between company and myself. Any promises, representations, offers or other communications not expressly set forth in this agreement are not in force or effect.
• Waiver: Any variation or waiver by Onmax of any breach of the agreement must be in writing and signed only by an authorized officer of Onmax.Waiver by Onmax of any breach of the agreement by me shall not operate or be construed as a waiver of any subsequent breach.
• Delays: Onmax is not responsible for any delay in the performance of its obligations under this agreement when performance is made commercially in practicable due to circumstances beyond its reasonable control.
• Governing Law: all disputes and claims under this agreement will be settled by arbitration to be held in accordance with the arbitration and conciliation act, 1966.This agreement to arbitrate shall survive any termination or expiration of this agreement. The venue of the arbitration shall be Thrissur and proceedings shall be conducted in English.
• Jurisdiction and Venue: The parties concern to jurisdiction and venue before the courts of Thrissur only, for purposes of enforcing an award by arbitrator or any other matter not subject to arbitration.
• Limitation of Action: If any independent distributor wishes to bring an action against Onmax for any actor omission relating to or arising from the agreement, such action must be brought within 90(ninety)days from the date of alleged conduct giving rise to the course of action. Failure to bring such an action within such time shall bar all claims against Onmax for such act or omission. The independent distributor waives all claims that any other statues of limitations apply.
• Limitation of Action: If any independent distributor wishes to bring an action against Onmax for any actor omission relating to or arising from the agreement, such action must be brought within 90(ninety)days from the date of alleged conduct giving rise to the course of action. Failure to bring such an action within such time shall bar all claims against Onmax for such act or omission. The independent distributor waives all claims that any other statues of limitations apply.
• Proof of address: In order to be eligible for the payment of bonus or incentives as described in the Onmax sales and marketing plan, the proof of address is required for Indian citizens (Non-citizens are prohibited from law from being involved in Onmax sales and marketing plan).Failure to provide satisfactory proof of address within 15 days will result in temporary suspension of account until the satisfactory proof of address is submitted.
• All monies paid under the Onmax sales and marketing plan shall be paid in Indian rupees and shall be paid to duly registered Onmax independent distributor’s account. No payments shall be made to any independent distributors outside of India.
• Refund policy: If for any reason you are not completely satisfied with the products/ services, you may return it within 30 days of purchase for a refund as per the terms of the Returns Policy(only if the product is in resalable condition).