End User License Agreement (EULA):
Place your terms, agreements, policy here
A. "Products" shall mean the Company's Products to be sold by Direct Selling Agent and such services as may be
communicated by the Company in writing to the Direct Selling Agent from time to time.
B. Direct Selling Agent will have the title of "Distributer."
Company hereby appoints Direct Selling Agent as its non-exclusive selling agent,
and Direct Selling Agent hereby accepts such appointment. Direct Selling Agent's sole authority shall be to solicit
customers for the services in accordance with the terms of this agreement.
Direct Selling Agent shall not have the authority to make any commitments whatsoever on behalf of Company.
3. General Duties
Direct Selling Agent shall use his best efforts to promote the services and maximize the sale of the services.
Direct Selling Agent shall also provide reasonable assistance to Company in promotional activities.
Direct Selling Agent will assist the company by taking part in promotional events where practical;
use the marketing inputs judiciously for maximizing orders for the company.
4. Reserved Rights
Company reserves the right to solicit/engage other Agents, Direct Selling Agents directly.
Direct Selling Agent's task is to solicit customers.
5. Conflict of Interest
Direct Selling Agent warrants to Company that it does not currently represent or promote any Services that compete with
the Company's Services. During the term of this Agreement, Direct Selling Agent shall not represent, promote or otherwise
try to sell any Services that, in Company's judgment, compete with the Services covered by this Agreement.
6. Independent Contractor
Direct Selling Agent is an independent contractor, and nothing contained in this Agreement shall be construed to (i)
give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as
partners, joint ventures, co-owners or otherwise, or (iii) allow Direct Selling Agent to create or assume any obligation
on behalf of Company for any purpose whatsoever. Direct Selling Agent is not an employee of Company and is not entitled to
any employee benefits. Direct Selling Agent shall be responsible for paying all income taxes and other taxes charged to
Direct Selling Agent on amounts earned hereunder. All financial and other obligations associated with Direct Selling Agent's
business are the sole responsibility of Direct Selling Agent.
7. Indemnification by Direct Selling Agent
Direct Selling Agent shall indemnify and hold Company free and harmless from any and all claims, damages or lawsuits
(including reasonable attorneys' fees) arising out of negligence or malfeasant acts of Direct Selling Agent or
misrepresentation or breach of any obligations under this agreement.
A. Sole Compensation
The Company shall pay the Direct Selling Agent a commission at such rate as may be communicated by the Company in writing to the Direct Selling Agent, for whole or part of the services hereto, based on the Maximum Retailing
Price of the product as fixed by the company on every new order. This commission will be subjected to the relevant taxes as applicable. The Company reserves its right to revise the rate of commission from time to time and the same shall be intimated to the Direct Selling Agent in writing by the Company.
B. Basis of Commission
The Commission shall apply to all sales orders from customers solicited by Direct Selling Agent. (Customers defined as an individual
or a company who have bought the product/services from the Direct Selling Agent for their own use.) No commissions shall be
paid on (i) orders solicited directly by Company; (ii) No commission will be paid to the Direct Selling Agent until 100%
payment pertaining to the order is received. The company reserves the right to change the commission / prices on products as
and when required.
C. Time of Payment
The commission on all PAID ORDERS shall be due and payable on twenty (28) days of the following month.
9. Sale of the Products
A. Prices and Terms of Sale
Company shall provide Direct Selling Agent with copies of its current market price and this is subject to change and the sole
discretion of the same lies with the company, its payment schedules, and all Rules and Regulations and other material
available for sales presentation and customer's information. Direct Selling Agent shall quote to Customers only those
authorized prices, payment schedules, and terms and conditions as informed by Company.
The Products will be available only after receipt of 100% payment pertaining to the order. The company will not refund any money
in part or in full after payment on order is once received.
All requests for Products obtained by Direct Selling Agent shall be subject to acceptance by Company and all quotations by Direct
Selling Agents shall contain a statement to that effect. Direct Selling Agents shall have no authority to make any acceptance
or commitments to customers. Company specifically reserves the right to reject any request for Products or any part thereof
for any reason, Company shall inform Direct Selling Agent of any written acceptances on commissionable applications/orders.
Full responsibility for collection of payment from customers rests with Direct Selling Agent.
10. Additional Responsibilities of Direct Selling Agent
A. Expense of Doing Business
Direct Selling Agent shall bear the cost and expense of conducting its business in accordance with the terms of this Agreement.
This would include salaries for the staff of the Direct Selling Agent who are engaged in the business of selling the products
of the Company, expenses related to communications, telecommunication, mailing, conveyance and business entertainment if
required. The company will not entertain any re-imbursement on any expense made by the Direct Selling Agent other than the
B. Promotion of the Products
Direct Selling Agent shall make efforts to promote the sale of and stimulate demand for the Products by direct solicitation.
In no event shall Direct Selling Agent make any representation, guarantee or warranty concerning the Products except as
expressly authorized by Company. The Company will take care of all online promotions on their website and ensure lead
generations. Use of company logo, product logo, any advertising / promotion / marketing activity conceived originally by
the Direct Selling Agent should be first approved in writing by Siam Supplements before being implemented.>br>
C. Agents & Customer Service
Direct Selling Agent shall inform and assist customers on Company's Products, and shall perform such additional customer services
by e-mail, phone and fax, whenever needed, as good salesmanship requires and as Company may reasonably request.
D. Books and Records
Direct Selling Agent shall notify Company of any Customer's complaints regarding either the Products or Company and immediately
forward to Company the information regarding those complaints.
11. Additional Obligations of Company
A. Assistance in Promotion
Company shall, at its own expense, promptly provide Direct Selling Agent with marketing and technical information,
training concerning the Services, brochures, instructional material, advertising literature, and other product data
FREE OF CHARGE.
B. Assistance in Technical Problems
Company shall, at its own expense, assist Direct Selling Agent and customers of the Services in all ways deemed reasonable by
Company in the solution of any problems relating to the Products.
12. Trademarks and Trade names
A. Use. During the term of this Agreement, Direct Selling Agent shall have the right to indicate to the public that it is
an authorized Direct Selling Agent of Company's Services. Nothing herein shall grant Direct Selling Agent any right, title,
or interest in Company's Trademarks. At no time during or after the term of this Agreement shall Direct Selling Agent
challenge or assist others to challenge Company's Trademarks or the registration thereof or attempt to register any
trademarks, marks or trade names confusingly similar to those of Company.