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This Agreement is made and entered into as of the date of acceptance by the MLM Agent (hereinafter referred to as the “Agent”) by and between:
Siesto Systems Pvt. Ltd.
A company incorporated under the Companies Act,2013
Having its registered office at: [Insert Company Address]
(hereinafter referred to as the “Company” or “Siesto”),
which expression shall, unless repugnant to the context or meaning thereof, mean and include its
successors and permitted assigns,
AND
The individual who has digitally accepted or signed this agreement (hereinafter referred to as the “Agent”).
1. DEFINITIONS
1.1 Agent: An individual who registers with Siesto to refer customers and earns commissions on purchases made by such referrals.
1.2 Referral Buyer: A person introduced to Siesto by the Agent, who registers and makes a purchase using the Agent’s referral code/link.
1.3 Commission: A monetary incentive earned by the Agent as per the MLM structure, based solely on purchases made by referred customers.
1.4 Genealogy Structure: The tree-based structure maintained by Siesto to track referral relationships for commission eligibility.
1.5 MLM System: The multi-level commission system managed by the Company through its digital platform, which allows tracking, reporting, and payout of commissions.
2. APPOINTMENT AND NATURE OF ENGAGEMENT
2.1 The Company appoints the Agent as a non-exclusive, independent referrer under its MLM system. The Agent agrees to promote Siesto's products and refer prospective customers in accordance with this Agreement.
2.2 This is not a direct selling model. The Agent shall not be involved in the sale or distribution of products but shall only refer customers who may purchase from Siesto.
2.3 The Agent shall not act as a franchise, employee, legal representative, or partner of the Company.
3. REGISTRATION AND ELIGIBILITY
3.1 Any individual above 18 years of age and competent to contract under Indian law may apply as an Agent.
3.2 The Agent shall provide true, accurate, and complete personal information during registration.
3.3 The Company reserves the right to accept or reject any application without assigning reasons.
4. COMPENSATION & COMMISSION
4.1 The Agent shall earn commissions only on purchases made by individuals referred by them and by those within their referral tree, up to three levels, as detailed below:
Level 1 (Direct Referral): 7% commission on the total purchase value made by directly referred customers.
Level 2 (Referral of Level 1): 2% commission on the total purchase value made by the second-level referrals.
Level 3 (Referral of Level 2): 1% commission on the total purchase value made by the third-level referrals.
4.2 No commissions shall be payable beyond the third level.
4.3 Commissions shall be calculated only on actual purchases made through the Company’s official platform using the Agent’s referral system, and shall not include taxes, shipping, or other charges.
4.4 Commissions shall be credited to the Agent’s wallet/account maintained on the Company’s MLM platform on a monthly basis, subject to the minimum payout threshold and completion of KYC formalities.
4.5 The Company reserves the right to revise the commission structure from time to time with prior written or digital notice to the Agents.
5. DUTIES AND RESPONSIBILITIES OF AGENT
5.1 The Agent agrees to:
Promote Siesto’s products and referral program ethically and professionally.
Use only official marketing materials provided or approved by the Company.
Ensure that all information shared with prospects is accurate, truthful, and not misleading.
Maintain confidentiality of login credentials and client data.
Comply with all applicable laws and regulations.
5.2 The Agent shall not:
Make false or exaggerated claims about the Company, products, or commission potential.
Engage in spam, misrepresentation, or coercive marketing.
Use the Company name or logo without permission.
Sell or resell any product without proper authorization.
6. TAXATION & LEGAL COMPLIANCE
6.1 The Agent is responsible for complying with applicable income tax laws and GST requirements on the income earned through commissions.
6.2 The Agent shall provide true, accurate, and complete personal information during registration.
7. INTELLECTUAL PROPERTY
7.1 All brand names, logos, content, and software are the exclusive intellectual property of Siesto Systems Pvt. Ltd.
7.2 The Agent may not use, reproduce, or alter the Company’s intellectual property without written consent.
8. CONFIDENTIALITY
8.1 The Agent shall maintain the confidentiality of all non-public information, including genealogy data, commission structures, and customer details.
8.2 This clause shall survive the termination of the Agreement.
9. TERM AND TERMINATION
9.1 This Agreement shall commence upon acceptance and remain in effect until terminated by either party with or without cause
9.2 The Company may terminate the Agreement immediately if the Agent:
Breaches any provision of this Agreement.
Engages in unethical, illegal, or misleading practices.
Remains inactive (no new referrals or earnings) for a continuous period defined by Company policy.
9.3 Upon termination, the Agent shall lose access to the platform and forfeit any future commissions.
10. LIMITATION OF LIABILITY
10.1 The Company shall not be liable for any indirect, incidental, or consequential damages arising from participation in the MLM system.
10.2 The Company makes no guarantee of earnings and does not promise any minimum income.
11. DISPUTE RESOLUTION
11.1 Any disputes shall first be attempted to be resolved amicably.
11.2 If unresolved, the dispute shall be referred to arbitration under the Indian Arbitration and Conciliation Act, 1996. The venue of arbitration shall be [Insert City], India.
12. MISCELLANEOUS
12.1 This Agreement is governed by the laws of India.
12.2 The Agent shall not assign or transfer their rights under this Agreement without prior written consent from the Company.
12.3 The Company reserves the right to amend this Agreement at any time. Updated terms shall be notified on the official platform.
12.4 By signing or digitally accepting this Agreement, the Agent agrees to be bound by its terms.
IN WITNESS WHEREOF, the Agent confirms acceptance of the terms herein by digital signature or click-wrap consent on the Company’s platform.