Referral Affiliate Program and Terms & Conditions Thereof

YutiTrading LLP (YuphoricWorld.Com) is marketing its consumer products under Direct Selling System. Each individual associates himself with the company and purchases the goods directly from company. In the system, an opportunity is given to interested persons to make the purchases as per the plan of the company by helping others as the benefits of all are interrelated. Consumer takes decision to buy product(s) not due to big advertisement but due to the quality of the product(s) and/or by the opinion and satisfaction of other consumers who are using the product(s). After using the products and feeling satisfied with quality and concept, user share his views with others and thus the Network expands day by day. Company does not require any advertisement, any marketing agent, any area distributor or retailer for selling the products. Company directly distributes it to Referral Affiliates as per the plan.

A perusal of the above would show that the whole marketing system is based not on any positive advertisement, but on creating an acceptability and awareness amongst the society, by actual use of the products by some members of the society and deriving satisfaction out of the same. For example, if “A” purchases a product from YuphoricWorld.Com and feels satisfied with quality and usefulness of the same, he/she is expected to tell this to others, so that others would also follow his/her example and purchase the product. However, it may be noted that “A” is not under any obligation to do so. The sales pattern adopted by YuphoricWorld.Com is such that it encourages people to propose further in their Network and each one’s related Network expands.

In context to this, the persons may be interested in sharing their view about the product with others, YuphoricWorld.Com has devised method by which it is identified that some people have purchased the goods due to sharing of the views about the goods by “A” then “A” gets sales commission. Thus, in this way, Network for making the purchases is formed on its own

A person who desires to avail the commission on purchase as per defined methodology framed by the company, has to get himself registered as a Referral Affiliate with YuphoricWorld.Com and follow other procedures laid down as under: –

How to become a Referral Affiliate: –

The person interested to become a Referral Affiliate is required to register online using the Referral Link provided by the Sponsor member. The necessary details of the applicant, are to be filled in the Form. In addition, the original scan copy of the applicant’s photo, identity card, address proof and bank account details have to be uploaded in a separate KYC form which is shared along with the Welcome email upon completing and submitting the registration form. The YuphoricWorld Referral Affiliate Program & Business Plan is shared along with the welcome email. The terms and conditions given with the registration and the business plan are to be read and accepted.

List of the documents to be uploaded along with application form for becoming a Referral Affiliate are as under: –

i. A colourful photo passport size

ii. One of the following documents for certification of Photo ID and Address Proof

1. Aadhaar Card (Both Side)

2. Passport (Valid)

3. PAN Card

4. Voter’s Identity Card

5. Driving License (Valid)

There is no charge/fee for registration as a Referral Affiliate. After the successful submission of registration form and documents (It is a sole responsibility of the Applicant to submit valid Documents and Information), the Referral Affiliate can login on Website using their Username or the registered Email ID and their password. It is sole company’s discretion to register the new applicant as Referral Affiliate.

One Referral Affiliate can sponsor/refer as many people as they want.

The Company shall be at liberty to accept or reject new registrations at its sole discretion without assigning any reason whatsoever.

The step of allotment of password and Username/User ID for the applicant by the company shall be construed as the registration of Referral Affiliate. This registration shall come into effect only after the acceptance by the company by way of issuance of Password and Username/User ID.

The applicant hereby covenants as under:

i. That he/she has clearly understood the marketing methods/plan, the referral sales commission plan, its limitations, and terms & conditions of the appointment as a Referral Affiliate. He/she agrees that he/she is not relying upon any misrepresentation/s or fraudulent inducement or assurance or commitment that is not set out in the terms and conditions/marketing plan/commission plan or any other officially printed or published materials of the Company.

ii. That he/she has clearly understood that there is no guaranteed or fixed commission in this system. Commission earnings are not linked with the number of Referral Affiliate members in the Network, rather it is linked only with the total sales in the Network which may vary from month to month.

iii. That the relation between the Company and the Referral Affiliate shall be governed by the rules and procedure, Commission Plan, Business Plan etc. available on website or provided by the company in any manner. The Referral Affiliate further confirms that he/she has readout and understood the rules and procedure, Commission Plan, Business Plan etc. carefully and agrees to be bound by them.

iv. That Proposing to any individual for becoming the Referral Affiliate and consent to join the Network by such individual is exclusive and sole decision of the applicant. Company doesn’t have any role whatsoever in such decision of the applicant.

v. Referral Affiliate is an independent party and nothing contained in these terms & conditions, the rules and procedure etc. shall be construed to

1. Give any party the power to direct and control the day-to-day activities of other.

2. Constitute the parties as partners, joint ventures, co-owners or otherwise, or

3. Allow Referral Affiliate to create or assume any obligation on behalf of Company for any purpose whatsoever.

vi. That Referral Affiliate is not an employee of Company and shall not be entitled to any employee’s benefits. Referral Affiliate shall be responsible for paying all taxes whether direct or indirect including but not limited to Income Tax, GST and/ or any other taxes. All Legal, Statutory, financial and any other obligations associated with this association shall be the sole responsibility of Referral Affiliate.

vii. That Referral Affiliate is not an Agent, not an authorized representative of the Company or not its service providers. Referral Affiliate is not authorized to receive/accept any amount and /or make payment for and on behalf of the Company and any payment received by him/her from any party shall not be deemed to be received by the Company.

viii. If any relative as defined under the provisions of Income Tax Act, 1961 or defined under the provisions of Companies Act, 2013 of existing Referral Affiliate desires to become Referral Affiliate then he/she shall disclose the relationship with existing Referral Affiliate to the company. It is company’s sole discretion to accept or reject the application of such relative.

c. Referrer, Sponsor & Group of Referral Affiliate

i. Referrer: Referral Affiliate who promotes any individual to become Referral Affiliate in his/her Network is termed as a Referrer.

ii. Sponsor: Referral Affiliate, under whom new individual is joining, is termed as a sponsor.

iii. Network of Referral Affiliate: All Referral Affiliates under the particular Referral Affiliate who being promoted by him/her and/or promoted by his Network’s other Referral Affiliates shall be termed as Particular Referral Affiliate’s Network.

  • Understanding your Network:
    • Any member that you directly refer under you will be your Direct Referral or Level 1
    • Members referred by your direct referrals will become your Level 2
    • For example, your friend John joins under you, so John will become your Direct Referral(Level 1)
    • John refers his brother Tom under him, now Tom will become your Level 2 member, and anyone who joins directly under Tom will be your Level 3 members
    • Your network will consist of a maximum of 6 Levels of members including your Direct Referrals
    • You will be able to see your network matrix/tree on your Affiliate Dashboard in the account page
    • You may recruit unlimited Direct Referrals under you, and each of those Direct Referrals can also add unlimited members directly under them, and so on
    • We recommend every member to add at least 3 to 5 members as Direct Referrals to start seeing a substantial earning in your account every month

PURCHASES

a. All products of the company comply with declarations required to be made under the Legal Metrology Act 2009 (1 of 2010)

b. YuphoricWorld.Com makes all arrangements for making the purchases directly from company website by Referral Affiliate as per their choice.

c. Affiliates have the option to return the products purchased by him/her within 30 days from the date of purchases. If any defect is found in any of the products purchased, then the same can be returned within 30 days from the date of purchase. Such return shall be governed by the return policy published on the website of the company. The returned products must be supported with the bill of purchase and such product should not be damaged. The purchaser should ensure that the product is in good condition and intact.

Sales Commissions:

(a) Commission earnings is calculated on base price of a product before tax. It can be seen on company’s website.

(b) Eligibility & Calculation of sales commission earnings:- Since sales commission pay-out limit is totally based on individual purchase of Referral Affiliate therefore Referral Affiliate shall become eligible for sales commission earnings only if his/her minimum purchase of Products is Rs.1000 on accrual basis in the relevant month.

  • Level Commissions:
    • Following are the percentages of commission you will receive from each level

  • Ranks:
    • There are 6 Ranks set up in our system which decides your monthly commission Pay-outs limit
    • Each Rank is assigned based on your monthly spending as shown in the table
    • The higher you go in your monthly spending the higher Rank you will achieve which will unlock your earning potential up to 1 crore in that calendar month
  • Commissions pay-out
    • Pay-outs will only be processed after completion of KYC
    • Commissions will be calculated on the base price of the products(pre-tax)
    • Commissions pay-out to members will be made after deducting 5% TDS
    • Commissions are calculated per sale and will be reflected on your account dashboard
    • Your monthly Pay-outs limit or Rank will be set based on your total purchase amount made up to the last day of the month
    • For all new members the pay-out will only begin at the end of the third calendar month from the date of initial purchase
    • Commissions earned during the first 3 months will be accumulated and remain in your e-wallet until the first pay-out – this will give you enough time to build your sales network and maximise your first pay-out
    • There onwards, pay-outs will be processed every month on the last day of the calendar month based on your Pay-out limit or Rank
    • The Affiliate Commissions wallets will be reset and the balance will go back to Zero after the pay-out has been processed
    • The eligible pay-outs will be credited to your bank account by the 10th of the next calendar month, or physical cheques may also be sent out to your address provided in the account
    • The Pay-out amount will be credited to your bank account after 5% Tax(TDS) deductions along with any bank transaction fees
    • Payment of commission earnings shall be made by any one mode of Banking System (NEFT/RTGS/INTER BANKING TRANSFER). For this, it is mandatory to give correct bank account number and IFSC detail by Referral Affiliate.
    • We recommend members not to make any purchases on the last day of the month, after 1pm IST
    • We will not be responsible for any loss of fund occurring due to mistake in the Bank account information provided to us, so we recommend that members recheck and confirm their bank account details
    • If Referral Affiliate does not receive commission earnings pay out due to Non-compliance of rules or due to any other reason occurred by Referral Affiliate, then complete responsibility for delay/ Non-payment will be of Referral Affiliate.

GENERAL TERMS AND CONDITIONS

a. General Duties

i. Referral Affiliate shall assist the company by way of taking part in various promotional events and using the marketing inputs judiciously for maximizing orders for the company.

ii. Referral Affiliate shall offer accurate and complete explanations and demonstrations of goods and services, price, payment terms, return policies etc. to a prospective consumer. He/she shall also take care for all obligations, provisions, terms and conditions etc. as set out in the model guidelines by the regulatory Govt. Authority from time to time.

iii. Referral Affiliate shall be sole responsible for all the arrangements, expenses, permission from local authorities, complying with rules of Central Government, State Government, local body or any other Government body for the meetings and seminars or any other events conducted by him/her.

iv. The Referral Affiliate hereby undertakes not to compel or induce or mislead any person with any false statement /promise to purchase products from the Company or to become Referral Affiliate of the Company.

v. Referral Affiliate shall offer to a prospective consumer with accurate and complete explanations and demonstrations about goods and services, prices, credit terms, terms of payment, return policies, terms of guarantee, after-sales services and complaint redressal etc.

b. Modification of Terms and Conditions

Notwithstanding anything stated or provided herein, Company reserves the complete and unfettered rights and discretion to modify, amend, alter, or vary the terms and conditions, products, marketing plan, business and any other policies at any time without any prior notice. Modification shall be published through the official website of the Company or any other mode as company may deem fit and proper and such modification/amendment shall be applicable and binding upon the Referral Affiliate from the date of such modification/notification. If the Referral Affiliate does not agree to such amendment, he/she may terminate his/her enrolment as Referral Affiliate within 45 days of such publication by giving a written notice to such effect. Without any objection to such modifications/alterations, if Referral Affiliate continues his/her activities, it shall be deemed that he/she has accepted all modifications and amendments in the terms & conditions.

c. Sole Compensation (Sales commission earnings)

The Company shall pay to the Referral Affiliate Sales commission earnings as prescribed in the plan. This plan is available at website of the company. The sales commissions will be subjected to the prevailing law and / or taxes as applicable. The Company reserves its right to revise the rate of sales commissions from time to time. The Company does not guarantee/assure any particular or fixed facilitation fees or fixed income to any Referral Affiliate.

d. Indemnification by Referral Affiliate

The Referral Affiliate hereby indemnify the company, its partners, employees, directors, agents, and each of their Affiliates (the “ Indemnified Persons ”) against, and agree to hold them harmless from, any and all damages (including any claim, charge, action, depletion or diminution in value of the assets of the Company, loss, liability and expense (including, without limitation, reasonable expenses of investigation and reasonable attorneys’ fees and expenses in connection with any action, suit or proceeding) (hereinafter referred to as “ Loss”) incurred or suffered by the Indemnified Persons and arising out of or relating to any misrepresentation, negligence, malfeasant acts or breach of Warranty, or any breach of any covenant or agreement made or to be performed by the Referral Affiliate pursuant to these terms & conditions.

e. Additional Responsibilities of Referral Affiliate

i. Expense on Purchases

Referral Affiliate shall bear the cost and expense on making the purchases accordance with these terms and conditions. The company will not entertain any re-imbursement on any expense made by the Referral Affiliate other than incentive earned as per the Business Plan.

ii. Use of Marketing Material with Prior Permission.

Use of company logo, product logo, any advertising / promotion / marketing activity conceived originally by the Referral Affiliate shall be first approved in writing by the company before being used / implemented.

iii. Customer Complaints

Referral Affiliate shall notify the Company of any complaints regarding either the Products or the services immediately.

Referral Affiliate shall not encourage other Referral Affiliate to purchase goods and / or services in unreasonably large amounts.

a. Non-Compete

During the term of association as a Referral Affiliate with YutiTrading LLP(YuphoricWorld.com), Referral Affiliate shall and / or his/her relative as defined under these terms & conditions elsewhere not represent, promote, or otherwise try to do any activity that in Company’s judgment, compete with company’s marketing activities.

b. Terminations and Cessation

The Company shall be at complete liberty to terminate this association in occurrence of any of the following situations: –

i. When a Referral Affiliate is found to have made no purchases by himself/herself of goods and services for a period of 3 months since the date of joining or where there are no purchases by himself / herself of goods or services for a continuous period of 6 months since the date of the last purchases made.

ii. When Referral Affiliate becomes bankrupt/insolvent.

iii. Where a Referral Affiliate fails to comply with any terms and conditions, rules & procedures as prescribed and / or modified from time to time.

iv. Where information given by Referral Affiliate is found wrong/false/misleading.

v. Where Referral Affiliate migrates to another country.

vi. Where Referral Affiliate is convicted of an offence punishable with imprisonment of any term.

vii. Where Referral Affiliate resigns voluntarily.

viii. Where some material information is not disclosed by the Referral Affiliate to the company.

ix. Where company deems it necessary to terminate the association of Referral Affiliate in the interest of company’s business or in the interest of another Referral Affiliate connected in his/her Network. The company shall have sole and final authority in this regard.

x. The company shall have complete right to review the performance of Referral Affiliate at timely intervals. In case any Referral Affiliate is found not performing in compliance of company’s policies and/or terms and conditions of this association, then the company shall take all appropriate steps including but not limited to termination of his association ship for purchasing the goods as per company’s plan. In continuance to aforesaid conditions the Company further reserves its right to withhold/block/suspend the Referral Affiliate ship in the event the Referral Affiliate fails to provide any details as desired by the Company from time to time including but not limited to his/her Pan Card details.

c. Effect of Termination

i. All of Company’s trademarks, trade names, data, photographs, literature and all kind of customer related database and any other information generated shall always remain the property of the Company. If lying these with the Referral Affiliate then he/she shall return such items within fifteen days from the date of termination.

ii. Referral Affiliate shall not make or retain any copies of any confidential items or information that may have been entrusted to it.

iii. Referral Affiliate shall cease to use all trademarks, trade name etc. of Company in any manner whatsoever.

iv. Referral Affiliate shall return ID card and any other material issued by the company immediately after his/her termination.

i. Nomination

In case Referral Affiliate losses his contractual capacity due to any reason or in case of death of the Referral Affiliate, his nominee and in the absence of nomination by the Referral Affiliate, one of the legal heir with the prior written consent of all the legal heirs may join the Company as Referral Affiliate in place of the deceased provided he/she applies in prescribed form and undertakes to abide all rules and regulations, terms and conditions etc. in the same manner as that of original Referral Affiliate. In case of failure to arrival at such consent within six months from the date of death of the Referral Affiliate or losing his/her contractual capacity, the Company shall be at liberty to terminate the membership. For this period the Company will keep his/her User ID in abeyance.

In case if Nominee/ Legal heir is already a Referral Affiliate of the YuphoricWorld.Com then he/she has to resign from one ID either his existing ID or New transferred ID.

j. Confidentiality

Referral Affiliate acknowledges that by reason of its relationship to Company hereunder, it will have access to certain information and materials concerning Company’s business plans, customers, technology, and products/services that is confidential and of substantial value to Company, which value would be impaired if such information were disclosed to third parties. Referral Affiliate agrees that it shall not use in any way for its own account or the account of any third party, nor disclose to any third party, any such confidential information revealed to it by the Company.

Referral Affiliate shall not publish any description of the Products/Services/Polices/Business Plan beyond the description published by Company. Further any kind of publishment shall be made only after the prior written consent of the Company. In the event of termination, there shall be no use or disclosure by Referral Affiliate of any confidential information of the Company.

k. Jurisdiction & Cost

The terms and conditions stipulated in the forgoing paragraphs shall be governed in accordance with the law in force in India. Subject the Arbitration Clause of these terms & conditions, all Disputes, either civil or criminal in nature, shall be subject to the exclusive jurisdiction of the courts of Thrissur, Kerala or as deemed suitable by the company only and nowhere else, at the time of Arbitration. The Referral Affiliate shall be liable for any expenditure incurred or to be incurred in future with relation to execution of this agreement.

l. Dispute Resolution and Arbitration

If any dispute arises between the Parties in connection with or relating to these terms & conditions, including the validity, interpretation, implementation, termination, or alleged material breach of any provision thereof, the Parties hereto shall endeavour to settle such dispute amicably. In the event any dispute is not amicably settled within a period of 30 (thirty) days after any Party has given notice to the other Parties of the existence of such dispute and requiring an amicable settlement thereof, the same shall be, at the request of the Party, settled by arbitration.

Any arbitration in these terms & conditions shall be conducted by a sole Arbitrator appointed mutually by all disputing Parties, or in case of disagreement as to the appointment of the sole Arbitrator, by a panel of three (3) Arbitrators, of which the Company shall appoint one (1) Arbitrator, the Referral Affiliate shall appoint the second Arbitrator and the third Arbitrator shall be appointed by the two appointed Arbitrators. The Arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996. Each Party shall bear its own cost of arbitration.

The Arbitration proceedings shall be held in Thrissur, Kerala, India. The Arbitration proceeding shall be governed by the Laws of India. The proceedings of arbitration shall be in English language. The Arbitrator’s award shall be substantiated in writing. The Arbitrator may also award costs.

Any decision of the arbitrators will be final, binding, and incontestable. The Parties agree that no Party shall have any right to commence or maintain any suit or legal proceedings (other than for interim or conservatory measures) until the Dispute has been determined in accordance with the arbitration procedure provided herein and then only for enforcement of the award rendered in the arbitration. Judgment upon the arbitration award may be rendered in any court of competent jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The Parties hereby waive any application or appeal to any court of competent jurisdiction to the fullest extent permitted by Law in connection with any question of Law arising during arbitration or any award made.

m. Force Majeure

The Company 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, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, acquisition of the company’s asset by the government to any other government/semi government agency, civil/financial emergency by the government, any other government sanction, blockage, embargo, labour dispute, strike, pandemic, epidemic, lockout, lockdown, closure of business due to any reason beyond control, interruption or failure of electricity, Raw Material Supply Constraint, or any type of direction by Government (Central and / or State), Local Authority or any other government department.

n. Miscellaneous

i. Cumulative Rights

Each of the rights of the Parties under this arrangement are independent, cumulative and without prejudice to all other rights available to them, and the exercise or non-exercise of any such rights shall not prejudice or constitute a waiver of any other right of a Party, whether under this arrangement or otherwise.

ii. Assignment

Subject to the provisions of this arrangement, this arrangement is personal to the Company and the Referral Affiliate shall not be capable of assignment.

iii. Waiver

No delay or omission to exercise any right, power or remedy accruing to any Party, upon any breach or default of any Party hereto under this Agreement, shall impair any such right, power or remedy of any Party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any other breach or default theretofore or thereafter occurring. No waiver of any breach of any provision of this arrangement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and shall be effective only to the extent specifically set forth in such writing and signed by an authorized representative of the waiving Party.

iv. Severability

Each obligation under this arrangement shall be treated as a separate obligation and shall be severally enforceable as such in the event of any obligation or obligations being or becoming unenforceable in whole or in part. To the extent that any provision or provisions of this arrangement are considered illegal or becomes or is declared by a court of competent jurisdiction to be, invalid, illegal, or unenforceable, they shall be deemed to be deleted from this arrangement and any such deletion shall not affect the enforceability of the remainder of this arrangement clauses not so deleted, provided the fundamental terms of this arrangement clauses are not altered.

o. Solemnly affirm and declare as follows:

i. That I have read and understood the terms and conditions for appointment of Referral Affiliate of the Company.

ii. I have also gone through the Company’s official website, printed materials, videos, business plan, brochures and convinced about the business and I have applied to appoint myself as a Referral Affiliate on my own volition.

iii. I declare that I have not been given any assurance or promise or inducement by the Company or its Directors/Partners with regard to any fixed incentive, prize or benefit on account of the products purchased by me.

iv. I have clearly understood that eligibility of sales commissions exclusively depends on my performance in network sales volume as per the plan. I further agree that company reserves the right to change the Business Plan and Commissions thereon at any point of time without any prior notice.

v. I hereby declare that all the information furnished by me are true and correct. Company shall be at liberty to take any action against me including but not limited to immediate termination in case it is discovered at any stage that any wrong/false/misleading information to the Company or other Referral Affiliates.

vi. I undertake not to misguide or induce dishonestly anybody to become the Referral Affiliate of the Company.

vii. 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 as Consumer.