This instrument hereafter referred to as the agreement executed between distributor and Company. The Company is engaged in the business of Direct Selling through Multi Level Marketing (M.L.M.) and in other business activities as stated in the object clauses of Memorandum and Articles of Association of the Company.
The Company authorises Direct Sellers across the country for marketing and sale of its Products and Services. An individual (Nigeria Citizen and other Countries) intended to become Direct Sellers can apply for the same in the prescribed application form of the Company, or register through the sponsor user's link (online).
There is a one time processing fee detail on the business plan, and by any of the business packages that comes with the equivalent amount of the company's products. The applicant must be 18 years of age or above. The Company exclusively uses its website to display the details of the products, marketing methods and business monitoring. It also uses verbal publicity to promote its business. For smooth running, simplifying, keeping transparent, prevention of fraudulent practices and betterment of the business of Direct Selling, the Company has framed certain rules and regulations, marketing plan, terms and conditions etc.
These terms and conditions are construed in accordance with model guidelines on direct selling issued by the Govt. of Nigeria via CAC as a body that licence and regulate Limited Companies in Nigeria which NUTRY LYFE ENTERPRISE is not exceptional. WHEREAS the applicant has gone through the Company's official website and read printed documents, brochures including stipulated terms and conditions for becoming Direct Seller or Distributor.
The Company and Direct Seller have clearly understood and agreed to abide by the terms and conditions as laid down herein at the time of agreement.
NOW THIS AGREEMENT OF DIRECT SELLING WITNESSES AS FOLLOWS:
DEFINITIONS:
The following words used in these presents shall have the meaning as defined hereunder:
Direct Selling
Means marketing, distribution and sale of goods/products or providing of services as a part of network of Direct Selling.
Direct Selling Entity Means a Company namely NUTRY LYFE ENTERPRISE with Office at 89 Atiku Abubakar Avenue opposite GWT filling station Uyo, Akwa Ibom State, Nigeria. services through Direct Seller.
Direct Seller
Means a person authorised, directly or indirectly, by a Direct Selling Entity through a legally enforceable written contract to undertake direct selling business on principal to principal basis.
Consumer
Means a person who purchases goods or hires services for personal use/consumption and not for resale or commercial purposes.
Goods / Products and Services
Means goods/products as defined in the Sale of Goods.
Cooling-Off Period
Means the duration of time counted from the date when the Direct Seller and the Direct Selling Entity enter into an agreement and ending with the date on which the contract is to be performed and within which direct seller may repudiate the agreement without being subject to penalty for breach of contract.
Unique ID
Means Unique Identification Number issued by the Company to the Direct Seller as token of acceptance for direct selling of goods/products and services of the Company.
Password
Means unique password initiated by the distributor during registration to allow him to log on to the website of the Company. The sponsor has the right to support by providing temporary password to his/her downline while doing registration.
Website
Means the official website of Company i.e. https://www.nutrylyfe.com
Direct Seller or his/her relatives (relative means dependent son or daughter, father/mother, spouse) shall not engage in any activities of Multi Level Marketing of any other Company/Person.
If it is found, such direct seller shall be terminated.
Direct Seller is prohibited from listening, marketing, advertising, promoting, discussing or selling of any product or the business opportunity on any website or online forum that offers like auction as a mode of selling.
The Direct Seller hereby undertakes not to compel or induce or mislead any person with any false statement or promise to purchase products or services from the Company or to become direct seller of the Company.
Direct Seller shall keep and maintain secrecy and confidentiality and shall not disclose the secret information to anybody.
Notwithstanding anything stated or provided herein, the Company shall have all powers and discretion to modify, alter or vary the terms and conditions in any manner or mode as the Company deems fit and proper and shall be communicated through official website.
If any Direct Seller does not agree to such modifications/ alterations, he/she may terminate his agreement within 7 days of such publication by giving a written notice to the Company. Without any objection to such modifications/alterations, if Direct Seller continues his/her business activities, it will be deemed that he/she has accepted all modifications/alterations for future.
Company may terminate this agreement on ground of any reason which shall not be limited to the following: -
A. Termination of a Direct Seller means termination of.
Direct Seller authorisation shall continue till the end of twelve months from the date of acceptance of application by Company. To continue the authorisation as Direct Seller of Company for next one year, the Direct Seller shall have to renew his/her authorisation on or before the last date of expiry of twelve months. In case of failure in submission of renewal application within stipulated period, the authorisation shall be ceased automatically.
Renewal application is available on Company's website in personal information. Direct Seller has to apply for renewal through his/her login.
Company reserves the right to refuse any renewal request and can revoke agreement if, in Company's opinion, the activities of the Direct Seller are not in the interest of Company or the Direct Seller has failed to comply with the rules, procedures, guidelines, terms & conditions etc. during the twelve proceeding months.
The agreement will automatically come to an end in case of non-compliance of renewal formalities.
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, Government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, any type of redirection by Government (Central/State), Local Authority etc.
If any dispute or difference arises out of or in relation to this agreement including any question regarding its existence, validity, termination or terms and conditions, the company and Direct Seller shall endeavour to settle through mutual discussions within 7 days of such dispute arising.
In case of dispute or difference is not mutually settled within period, it shall be referred to Grievance Redressal Committee of the Company. If Direct Seller is not satisfied with the decision of Grievance Redressal Committee and dispute or difference is remaining unsolved, the same shall be referred to sole Arbitrator appointed by the Company in accordance with the provisions of Arbitration and conciliation Act.
The arbitration proceedings shall be conducted at Port Harcourt Rivers State, Nigeria and language shall be English. The decision of Arbitrator will be final and shall have binding effect on the both parties to the agreement. The terms and conditions stipulated in the forgoing paragraphs shall be governed in accordance with the law for the time being in force in Nigeria.
Disputes, either civil or criminal in nature, shall be subject to the exclusive jurisdiction of the court in Port Harcourt Rivers State, Nigeria only.
The Direct Seller agrees to receive the SMS Alert from the company on Mobile No. mentioned/ quoted above and will not object even if they are received despite of DND activated. Direct Seller shall intimate the change in Mobile No. (if any).
That outside buying products and registration of new business partners into our system directly, ............................. is a service and authorised agent (independent affiliate promoter) to receive money online from those using.................................. Services and sell E-WALLET on behalf of NUTRY LYFE ENTERPRISE.
That ..................................... is also authorised to credit distributors who came through her marketing team using .......................... online payment gateway. Other rewards must come from NUTRY LYFE ENTERPRISE directly.
That should there be any dispute in transactions made by any Distributors, the distributor has the right to reach out to these officers contact.
Miss Imaobong (Nutry Lyfe) : +234707 812 2678
Email: nutrylyfeent@gmail.com
#89 Atiku Abubakar Avenue opposite GWT filling station Uyo.
Akwa Ibom State, Nigeria.