BUSINESS PLAN OR NETWORK MARKETING PLAN
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1st Month T.O.
6 Lac. Rs. |
2nd Month T.O.
9 Lac. Rs. |
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1st Month T.O.
24 Lac. Rs. |
2nd Month T.O.
44 Lac. Rs. |
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S.P.* |
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S.P.A. |
5% |
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P.A. |
5% |
10% |
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D.A. |
5% |
10% |
15% |
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G.A. |
7.5% |
12.5% |
17.5% |
22.5% |
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S.A. |
2.5% |
10% |
15% |
20% |
25% |
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I.A. |
5% |
7.5% |
15% |
20% |
25% |
30% |
C |
5% |
10% |
12.5% |
20% |
25% |
30% |
35% |
Note : Fifteen percent of total turnover of a calender month will be distributed as
Platinum Associate Development Incentive(To view click here)
This Business Plan of Network Marketing plan is explained below
:
A consumer purchases set of Products* from HPN Club and applies to be enrolled into the HPN Club's Business Plan or Network Marketing Plan as a self-employed Independent Associate by completing an Independent Associate Application and Agreement Form.When the application is accepted by the HPN Club, an authorized Acceptance Letter is delivered to the applicant. Only when a consumer has Products* of HPN Club from the HPN Club, may be apply for Independent Associate Status into the HPN Club's Business Plan.
Once he is registered as an Independent Associate, he is entitled to;
1. Attend Corporate Information and Training Program of HPN Club as per Rules.
2. Attend Products* knowledge program of HPN Club marketed by the HPN Club.
3. Receive the associate Login + Password for www.hpnclub.com.
4. Receive an Identity/Privilege card to establish his/her identity as an Independent Associate of the HPN Club Business Plan.
Note: The Identity/Privilege card is valid for one year from date of enrollment. Renewal of Identity/Privilege card will be done free of cost as long as the Independent Associate remains associated with the HPN Club, and such associate status is not terminated.
Also Note: All Independent Associate must read the corporate information and training literature, prior to representing HPN Club or presenting the HPN Club's Business Plan given on www.hpnclub.com.
The HPN Club's Business Plan is built upon the sale of the Products* by HPN Club to the ultimate consumer. The object of the HPN club is the selling of HPN Club's Products* directly to the consumer through its ABC System and thus giving the benefit accruing to the actual consumer.
All sales of HPN Club Products* will be done only by the HPN Club and/or from any of the authorized HPN Club's office only as per HPN Club Rules & Regulations.
As an Independent Associate works to achieve financial success in the HPN Club's Business Plan, he/she will also gain personal satisfaction from recognition for higher levels of achievement. Each level has its own reward and recognition. An Independent Associate can achieve any of the following seven levels.
1. Independent Associates (I.A.): When an individual purchases Products* from the HPN Club, applies to be enrolled as an Independent Associate, and is accepted by HPN Club,The said Independent Associate achieves the level of Independent Associate (I.A) in the HPN Club's Business Plan. An Independent Associate may sponsor other Independent Associates into the business. Every Independent Associate has to enroll into the HPN Club's Business Plan as an I.A.
2. Silver Associate (S.A.): When an Independent Associate who has achieved the level of I.A. has directly sponsored at least three (3) or more Independent Associates into the Business Plan of the HPN Club, the said Independent Associate achieves the level of Silver Associate or S.A. in the HPN Club's Business Plan.
3. Gold Associate (G.A.):When an Independent Associate who has achieved the level of S.A. and has promoted 3 Silver Associates in his/her direct down line, he/she achieves the level of Gold Associate or G.A. in the H.P.N. Club's Business Plan.
4. Diamond Associate (D.A.): When an Independent Associate who has achieved the level of G.A. has achieved 6 lac turnover in one calendar month along with his/her down line and the very next month he/she achieves 9 lac turnover along with his down line in one calendar month, he/she achieves the level of Diamond Associate (or) D.A. in the HPN Club's Business Plan.
5. Platinum Associate (P.A.): When an Independent Associate who has achieved the level of D.A. has achieved 24 lac turnover in one calendar month along with his/her down line and the very next month he/she has to achieves 44 lac turnover along with his down line in one calendar month, he/she achieves the level of Platinum Associate or P.A. in the HPN Club's Business Plan.
6. Super Platinum Associate (S.P.A.): When an Independent Associate who has achieved the level of P.A. and has promoted 3 Platinum Associates in his/her Direct down line he/she achieve the level of Super Platinum Associate or S.P.A. in HPN Club Business Plain.
7. Super Platinum Star (S.P*.): When an Independent Associate who has achieved the level of SPA and has promoted 3 Super Platinum Associates in his/her Direct down line , he/she achieve the level of Super Platinum Star or SP* in the HPN Club Business plain.
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SALES INCENTIVES
The HPN Club Business Plan provides huge income potential for its Independent Associates. Sales Incentives are earned by qualified Independent Associates on personal sales generated by them as well as by their down line organization. According the HPN Club Business Plan, there are three types of sales incentives that an Independent Associates can earn.
1. Personal Sales Incentive (PSI)
2. Organization Development Incentives (ODI)
3. Platinum Associate Development Incentive (PADI)
1. Personal Sales Incentive (PSI)
When an Independent Associates at any level in the HPN Club's Business Plan, personally sells the Products* to a consumer, the incentive earned by the said Independent Associates on such sale, is called Personal Sales Incentive. Personal Sales Incentive is expressed as a percentage of the sale affected by the Independent Associates to the customer. Thus Personal Sales Incentives are rewards for direct sales are in direct proportion to the volume of business generated as a result of personal sales.
Personal Sales Incentives vary depending upon which level the Independent Associates occupies in the HPN Club's Business Plan.
• An. Independent Associate earns a personal sales incentive of five percent (5%) on the sale value of Products* directly sold by him/her and not more.
• A S.A. earns a personal sales incentive of ten percent (10%) on the sale value of Products* directly sold by him/her and not more.
• A G.A. earns a personal sales incentive of twelve and half percent (12.5%) on the sale value of Products* directly sold by him/her and not more.
• A D.A. earns a personal sales incentive of twenty percent (20%) on the sale value of Products* directly sold by him/her, and not more.
• A P.A. earns a personal sales incentive of twenty five percent (25%) on the sale value of Products* directly sold by him/her and not more.
• A SPA earns a personal sales incentive of thirty percent (30%) on the sale value of Products* directly sold by him/her and not more.
•A SP* earns a personal sales incentive of thirty five (35%) on the sale value of Products* directly sold by him/her and not more.
At no point of time can the Independent Associates of the HPN Club Business Plan earn more personal sales incentives than the percentages on sales as specified in this plan, unless such amendments are incorporated by the HPN Club at its absolute discretion
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2. Organizational Development Incentive
Organizational Development Incentives are the overriding incentives earned by an Independent Associates on the sales affected by their sales organization.
All the Independent Associates who can trace their roots back to a particular sponsor in the HPN Club Business Plan Network are said to be the down line of the sponsor.
Thus, the down line of an Independent Associates comprises all those Independent Associates personally sponsored by him/her, as well as those sponsored by them thereafter.
The sales organization of an Independent Associates, however, comprises all of the Independent Associate's down line associates excluding those associates who are of equal or higher level that the Independent Associate.
Organization Development Incentives, also known as Active Income, is paid out to Independent Associates for managing, motivating and training their sales organizations and are expressed in a percentage by the sales organization of a sponsored Independent Associates.
Note: No Organization Development Incentive is paid to any Independent Associate on sales generated by any Independent Associate in his/her down line who is equal or higher in level than the said Independent Associate. For example, an S.A. does not get paid on another S.A. G.A. D.A. or P.A.
Also Note : Organization Development Incentive is only paid to S.A.'s, G.A.'s, D.A.'s, P.A.'s, S.P.A.'s, S.P.*'s. Organization Development Incentives vary depending upon the level the Independent Associate occupies in the HPN Club Business Plan.
For S.A. : A S.A. receives five percent (5%) as an overriding sales incentives on all the sales generated in the sales organization of a I.A. sponsored in the S.A.'s Sales Organization.
For G.A. : A G.A. receives seven and half percent (7.5%) as an overriding sales incentives on all sales generated in the sales organization of a I.A. sponsored in the G.A.'s Sales Organization.
• A G.A. receives two and half percent (2.5%) as an overriding sales incentive of on all the sales generated in the sales organization of an S.A., sponsored in the G.A.'s Sales Organization.
For D.A. : A D.A. receives fifteen percent (15%) as an overriding sales incentives on all sales generated in the sales organization of a I.A. sponsored in the D.A.'s Sales Organization.
• A D.A. receives ten percent (10%) as an overriding sales incentive of on all the sales generated in the sales organization of an S.A., sponsored in the D.A.'s Sales Organization.
• A D.A. receives seven and half percent (7.5%) as an overriding sales incentive of on all the sales operated in the sales organization of a G.A., sponsored in the D.A.'s Sales Organization.
For P.A. : A P.A. receives twenty percent (20%) as an overriding sales incentives on all sales generated in the sales organization of a I.A. sponsored in the P.A.'s Sales Organization.
• A P.A. receives fifteen percent (15%) as an overriding sales incentive of on all the sales generated in the sales organization of an S.A., sponsored in the P.A.'s Sales Organization.
• A P.A. receives twelve and half percent (12.5%) as an overriding sales incentive of on all the sales generated in the sales organization of a G.A., sponsored in the P.A.'s Sales Organization.
• A P.A. receives five percent (5%) as an overriding sales incentive of on all the sales generated in the sales organization of a D.A., sponsored in the P.A.'s Sales Organization.
For S.P.A. : A S.P.A. receives twenty five percent (25%) as an overriding sales incentives on all sales generated in the sales organization of a I.A. sponsored in the S.P.A.'s Sales Organization.
• A S.P.A. receives twenty percent (20%) as an overriding sales incentive of on all the sales generated in the sales organization of a S.A., sponsored in the S.P.A.'s Sales Organization.
• A S.P.A. receives seventeen and half percent (17.5%) as an overriding sales incentive of on all the sales generated in the sales organization of a G.A., sponsored in the S.P.A.'s Sales Organization.
• A S.P.A. receives ten percent (10%) as an overriding sales incentive of on all the sales generated in the sales organization of a D.A., sponsored in the S.P.A.'s Sales Organization.
• A S.P.A. receives five percent (5%) as an overriding sales incentive of on all the sales generated in the sales organization of a P.A., sponsored in the S.P.A.'s Sales Organization.
For S.P.*: A S.P.* receives thirty percent (30%) as an overriding sales incentives on all sales generated in the sales organization of an I.A. sponsored in the S.P*.'s Sales Organization.
• A S.P.* receives twenty five percent (25%) as an overriding sales incentive of on all the sales generated in the sales organization of an S.A., sponsored in the S.P.*'s Sales Organization.
• A S.P.* receives twenty two and half percent (22.5%) as an overriding sales incentive of on all the sales generated in the sales organization of an G.A., sponsored in the S.P.*'s Sales Organization.
• A S.P.* receives fifteen percent (15%) as an overriding sales incentive of on all the sales generated in the sales organization of a D.A., sponsored in the S.P.*'s Sales Organization.
• A S.P.* receives ten percent (10%) as an overriding sales incentive of on all the sales generated in the sales organization of a P.A., sponsored in the S.P.*'s Sales Organization.
• A S.P.* receives five percent (5%) as an overriding sales incentive of on all the sales generated in the sales organization of an S.P.A., sponsored in the S.P.*'s Sales Organization.
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3. Platinum Associate Development Incentive
For a P.A.
• A P.A. receives P.A.'s Development Incentives. It is also called Break way Level in HPN Club Business Plan. This means that once P.A. achieved this level he/she will get part of five percent (5%) incentive which is divided and equally distributed in all the existing P.A.'s of HPN Club. The total amount which will be distributed in all P.A.'s is equal to the 5% of total turnover of HPN Club.
For a S.P.A.
• An S.P.A. receives S.P.A. Development Incentives. It is also called Break way Level in HPN Club Business Plan. This means that once SPA achieved this level he will get part of five percent (5%) incentive which is divided and equally distributed in all the existing S.P.A.'s of HPN Club . The total amount which will be distributed into all S.P.A.’s is equal to the 5% of total turnover of the HPN Club.
For a S.P.*
• An S.P.* receives S.P.* Development Incentives. It is also called Break way Level in HPN Club Business Plan. This means that once S.P.* achieved this level he will get part of five percent (5%) incentive which is divided and equally distributed in all the existing S.P.*.'s of HPN Club.The total amount which will be distributed into all S.P.*’s is equal to the 5% of total turnover of the HPN Club.
RULES & REGULATIONS AND POLICIES & PROCEDURES
Helping People Network Club hereinafter referred to as the HPN Club is a Direct Sales organization Marketing the
"Products*" through Independent Associates. The policies, procedures, rules and regulations herein are applicable to all Independent Associates of HPN Club.
An Independent Associates is required to comply with all policies, procedures, rules and regulations contained in this literature and the Independent Associates Application and Agreement or that may from time to time be introduced by the HPN Club. The HPN Club reserves the right to amend these policies, procedures, rules and regulations from time to time.
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GENERAL RULES
1. An Independent Associate is one who has completed an Independent Associates Application and Agreement and has been accepted by the HPN Club is an Independent Associate. All Application and Agreement Forms need to completely and correctly fill before submitting the same to the HPN Club office of the HPN Club.Also sponsor Independent Associate number needs to be properly mentioned, and all entries need to be made in bold, block letters to facilitate correct computer entry. Failure to do the above would result in non acceptance of the individual's application for enrolling as an Independent Associate in the HPN Club Networking Marketing Plan.
The HPN Club reserves the right to accept or select anyone as an Independent Associate without assigning any reason thereof. On confirmation of any individual's Independent Associate status with the HPN Club's Network Marketing Plan, the said Independent Associate delivered an Acceptance Letter from the HPN Club.
2. All participants in the HPN Club Business Plan must be majors in their state of legal residence.
3. Upon acceptance of the applicant's Independent Associates Application and Agreement Form, the term of the Independent Associate, Application and Agreement will be one year from the date of application. The Independent Associate Application and Agreement must be renewed annually in order for the Independent Associate to be eligible of the incentive opportunities outlined in the HPN Club Business Plan and elsewhere. The HPN Club reserves the right to reject any application for new applications for renewals.
4. If a participant elects not to renew his Independent Associates status and Agreement all rights to income and rank position will be forfeited to/by the HPN Club.
5. A partnership firm, private limited company, corporation, limited company, society, association of individuals is not permitted to be an Independent Associate in the HPN Club Business Plan. No individual may, however, participate in more than one organization or down line network as an Independent Associate in any form without express written permission from HPN Club only in the most extreme and extraordinary circumstances will this be considered.
6. Any violation of the Rules, Regulations, Policies and Procedures, terms of this or any other policy that HPN Club may set from time to time by any Independent Associate may result in the cancellation of the said Associate's Independent Associate Application and Agreement upon written notice of cancellation by HPN Club to the said Independent Associate's last known address as on of record or By email as on record OR on the notice board maintained in the office of the HPN Club.
7. The HPN Club Business Plan, or Network Marketing Plan, as presented on official HPN Club literature and the statement of Rules, Regulations, Policies and Procedures as amended from time to time are incorporated into the Independent Associate Application and Agreement and any amended as displayed on the notice board maintained in the office of the HPN Club or
www.hpnclub.com thereto, and all such documents constitute the entire agreement of the parties regarding their business relationship. The HPN CLUB expressing reserves the right to alter or amend the Independent Associate's, cost of
Products*, Rules availability and/or formulation, and the HPN Club Business Plan. Upon notification by display on the notice board maintained in the office is automatically incorporated as part of the Independent Associate Application and Agreement between the HPN Club and the Independent Associate.
8. Partial Invalidity, should, any portion of the training material, Rules, regulations, policies and procedures, Independent Associate Application and Agreement, or of any their instruments referred to hereinafter issued by HPN Club, be declared invalid by a court of competent jurisdiction, the balance of such rules, applications, or instruments shall remain in full force and effect.
9. The spouse of an Independent Associate may not apply as an Independent Associate in the HPN Club Business Plan. Couples are encouraged to work together as one entity.
10. Identification: On acceptance of the application from of an applicant, the said application will be given the status of an Independent Associate with a corresponding Independent Associate Identification Number and an Identification Card which will be valid for one year, from the date of application, and which will have to be renewed by the said Independent Associate from the HPN Club Office.
11. Independent Associates are restricted to sell the
Products* or services other companies. However, promotion of and carrying on activities of deceptively similar Network Marketing or Multi Level Marketing
Programs without the written consent of the HPN Club is prohibited. Such Independent Associates carrying on such activities will be terminated with immediate effect and all incentives due to him or her shall stand forfeited to the HPN Club.
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PARTICIPANT RESPONSIBILITIES
1. Independent Associates are independent marketing associates of the HPN Club, and are not purchasers of a franchisee or a Business Opportunity. The agreement between the HPN Club and its Independent Associates does not create an employer/employee relationship, agency, partnership, or joint venture between the HPN CLUB and the Independent Associate. All Independent Associates are responsible for paying applicable taxes due from earnings of sales incentives generated as an Independent associate of the HPN CLUB.
The Independent Associate has no authority (expressed or implied) to bind the HPN CLUB to any obligation. An Independent Associate need not have any prescribed house of working and may determined his/her own methods of promotion of HPN Club’s
Products*, so long as the said Independent Associate complies with the rules, regulations, policies and procedures as laid down by the HPN Club from time to time.
2. In the conduct of his/her business, the Independent Associate shall safeguard and promote the reputation of the
Products* of HPN Club and shall refrain from all conduct which might be harmful to the reputation of the HPN Club or to the marketing of HPN Club’s
Products* that are inconsistent with the public interest, and shall avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
3. Indemnity Agreement : Each and every Independent Associate agrees to indemnity and hold harmless to HPN Club, its officers, agents and , against any claims, demand, liability, loss, cost or expense including but not limited to, attorney's fees, arising or alleged to arise in connection with that Independent Associate or any Independent Associate's business.
4. The HPN Club Business Plan is built upon retail sales to the ultimate consumer. HPN Club recognizes that Independent Associates may wish to purchase HPN Club Products* in reasonable amounts for their own personal consumption. However, front loading or buying Products* for the purpose of rank advancement is expressly forbidden. The Independent Associate must fulfill responsibilities as per the HPN Club Business Plan to qualify for sales incentives and level or rank advancement.
5. All Independent Associates are responsible for paying local, state and central taxes due on earnings from incentives generated as a result of the sale of HPN Club’s Products*. Each Independent Associate shall comply with all taxes and regulations governing the sale of HPN Club’s Products*.
6. On a periodic basis, HPN Club will supply data processing information and reports to the Independent Associates at a fee as decided by the HPN Club from time to time, which will provide information concerning the Independent Associates personal group sales organization and Products* purchases. The Independent Associates agrees that such information is proprietary and confidential to HPN Club and is transmitted to the Independent Associates in confidence. The Independent Associate agrees that he or she will not disclose such information to any third party either directly or indirectly, nor use the information to compete with HPN Club directly or indirectly. The Independent Associate and HPN Club agree that, but for this agreement of confidentially and non-disclosure. HPN Club would not provide the above confidential information to Independent Associate.
7. Upon death or incapacity of the Independent Associate, his or her legal rights to incentives and marketing position together with distributor responsibilities, shall pass on to his or her nominee/s as per the Independent Application and Agreement Form duly filled by the Independent Associate, upon written application and approval by HPN Club. The succeeding Independent Associate must meet general qualifications for participation and agree to fulfill all responsibilities of the Independent Associate.
SPONSORING (OR) RECRUITING
Independent Associates are compensated only for personal sales and overrides and incentives on the sales generated in their down line organization according to HPN Club’s policy. An Independent Associates is not paid for sponsoring or recruiting new Associates.
1. As an Independent Associate of HPN Club Products*, the Independent Associate has the right to sponsor other Independent Associates into the business. It is the responsibility of each Independent Associate to seek out individuals who may be interested in becoming users of the Products* and/or participants in the Network Marketing Plan.
2. Any Independent Associate who sponsors other Independent Associates into the HPN Club's Business Plan must fulfill the obligation of performing a bona fide supervisory, distribution and selling function in the sale and/or delivery of Products* to the ultimate consumer, and in the training of these sponsored.
The Independent Associate must have ongoing contact, communication and management supervision with his or her sales organization. Examples of such supervision may include, but are not limited to; newsletters, written correspondence, personal meetings, telephone contact, training sessions, and accomanying individuals to HPN Club Seminars and training, From time to time, HPN Club may request proof of such ongoing fulfillment of sponsor responsibilities.
3. Each individual has the ultimate right to choose his/her own sponsor. If two Independent Associates should claim to be the sponsor of a given individual, the HPN Club shall regard the first application by HPN Club and registered office as controlling.
4. There is no 'magic' involved in the HPN Club Network Marketing Plan. Those who sponsor widely but who do not help new Independent Associates develop their business meet with limited success. Therefore, a major responsibility of sponsorship is to work with new Independent Associates, helping them learn the business and encouraging them during critical early months.
5. Independent Associates transfer of sponsorship, HPN Club does not permit transfer of sponsorship under any circumstances.
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ELIGIBILITY OF SALES INCENTIVE
1. To be eligible for monthly override incentives, the Independent Associate must comply with supervisory responsibility requirements as outlined herein.
2. The HPN Club encourages each Independent Associate to keep accurate sales records. The Networking Marketing Plan is based upon retail sales to the ultimate consumers; therefore, promotion and unnecessary purchases or pyramiding is strictly prohibited.
PROMOTIONS
All promotions are done in the last day of every calendar month only and calculations of incentives are done on the 25th day of the next month. Promotion from one level to the other an only occur once on a monthly basis. The HPN Club reserves its right, for purposes of calculation of incentives, to change the day to any other day if the circumstances so warrant.
ADVERTISING
1. Independent Associates may not advertise HPN Club
Products* and or Network Marketing Plan, except as specifically approved in writing by the HPN Club. Independent Associates agree to make no false or fraudulent representation about HPN Club, the
Products*, the HPN Club Network Marketing Plan, or income potentials.
2. The Independent Associate agrees not to promote HPN Club
Products* in anyway other than through the advertising or promotional materials made available to Independent Associates by the HPN Club. The Independent Associate agrees not to use any written, printed recorded or any other material in advertising, promoting or describing the
Products* or the HPN Club Network Marketing Plan, or in any other manner, any material which has been submitted to the HPN Club and approved in writing before being disseminated, published or displayed. .
3. The Independent Associate, as an independent contractor is fully responsible for all verbal and written statements made regarding the
Products* and Network Marketing Plan which are not expressly contained in writing in the current Independent Associate Application and Agreement or other HPN Club materials, advertising or promotional materials supplied directly by HPN Club. The Independent Associate agrees to indemnify HPN Club and hold it harmless from any and all liability including judgments, civil penalties, refund attorney fees, court costs or lost business incurred by HPN Club as result of the Independent Associates unauthorized representation.
HPN Club does not permit the use of its copyrights, designs, logos, trade names, trademarks, etc. without prior and written approval by the HPN Club. All HPN Club materials whether printed on film or produced by sound recording are copyrighted and may not be reproduced in whole or in part by any person except as authorized by HPN Club. Permission to reproduce any materials will be considered only in extreme circumstances. Therefore the Independent Associate should not anticipate that approval will be granted.
HPN Club Independent Associates may not produce, use or distribute any information relative to the contents, characteristics or properties of HPN Club
Products* which has not been provided directly by the HPN Club. This Independent Associates may not produce, sell or distribute literature, films or sound recordings which are deceptively similar in nature to those produced, published and provided by the HPN Club for its Independent Associate purchase, sell or distribute non-HPN Club’s materials which imply or suggest that the said materials originate from HPN Club.
Any display advertisements or institution or trademark advertising copy not covered by the preceding must be submitted to the office of the HPN Club and approved in writing by prior to publication or usage. All advertising copy, direct making, radio, TV newspaper and display copy must be approved in writing before being disseminated, published or displayed.
CLAIMS AND MISREPRESENTATION
1. Income claims: No false or misleading income projections may be made to prospective Independent Associates. In their enthusiasm, Independent Associates are often tempted to represent hypothetical income figures based upon inherent power of Network Marketing as actual income projections. This is counterproductive, since new Independent Associates may be quickly disappointed if their results are not as extensive or as rapid as a hypothetical model would suggest. HPN Club firmly believes that income potentials are great enough to be highly attractive even when based in reality, without resorting to artificial and unrealistic projections.
2. Representation of Status: In all cases; any reference the Independent Associate makes regarding himself/herself must clearly set forth the Associate's independent status.
3. Business Cards and Stationery: Any printed materials including business cards and stationery must be approved by the HPN Club in advance. Criteria for approving these materials will include a judgment regarding the quality of the materials as well as properly setting forth the Independent status of the Independent Associate.
4. Press Enquiries: Any inquiries by the media are to be referred immediately to the HPN Club. This policy is to ensure accuracy and a consistent public image.
5. Waiver: HPN Club never gives up its right to insist on compliance with these rules or with the applicable laws governing the conduct of a business. This is true in all cases, both specifically expressed and implied, unless an officer of the HPN Club in contracts or agreements specifies in writing that the HPN Club waived any of these provisions. In addition, any time, the HPN Club gives permission for a breach of rules that permission does not extend to future breaches.
This provision deals with the concept of 'Waiver' and the parties agree that HPN Club does not waive any of its rights under any circumstances short of the writing confirmation alluded to above.
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NO EXCLUSIVE TERRITORIES
There are no exclusive territories for marketing purposes, nor shall any Independent Associate may imply or state that he/she does have an exclusive territory. However, HPN Club encourages Independent Associates to build and mange their sales organizations locally and to respond to responsible growth
TERMINATION
1. Voluntary Resignation: At any time and for any reason, the Independent Associate may elect for terminate his/her contract with HPN Club. This can be accomplished by sending written letter to HPN Club office.
2. Involuntary Termination : HPN Club reserves the right to terminate an Independent Associate at any time or cause when it is determined that the Independent Associate has violated the provisions of the Independent Associative Application and Agreement or other regulations, including, policies and procedures as they may be amended or the provisions of applicable laws and standards of fair dealing. Such involuntary termination shall be made by HPN Club at its absolute discretion. Upon an involuntary termination, the terminated Associate agrees to immediately cease representing himself where applicable state law on termination of an Independent Associate is inconsistent with HPN Club policy. Such state law termination procedures shall be in force. When a decision is made to terminate an Independent Associate, the HPN Club will inform the said Independent Associate in writing in that such Independent Associate is terminated with immediate effect namely as on the date of the written notice sent under registered post acknowledgement due, to the last recorded address of the said Independent Associate or by giving/display it on the notice board displayed in HPN Club office or through electronic media i.e. by email or by sms or by putting information regarding it on the
www.hpnclub.com. In case, no objection was raised from the said Independent Associate within 15 days the decision is deemed to be accepted by the Independent Associate.
The Independent Associate will have fifteen days from the date of receipt of the notice to lodge his appeal in writing with the HPN Club. The Independent Associate must submit his or her written appeal with relevant documentation and such appeal shall by reviewed by the HPN Club. The orders on his appeal shall be thereafter sent to the Independent Associate and thereafter the order on such Independent Associate shall be treated as final and binding.
FEED BACK REPORTS
Computerized feedback reports will be made available upon request to the Independent Associate. The HPN Club reserves the right to charge a reasonable fee for this service, as may be altered from time to time at the discretion of the HPN Club.
INDEPENDENT ASSOCIATE APPLICATION AND AGREEMENT FORM
TERMS AND CONDITIONS
I hereby agree to become an Independent Associate of HPN Club represented by HPN Club and to participate in its Network Marketing Plan.
As an Independent Associate, I understand and agree that:
1. I am a major and competent to execute this agreement.
2. I shall become a HPN Club Independent Associate upon acceptance of this application. I shall have the right to promote the Products* offered by HPN Club in accordance with the Marketing Program, Network Marketing Plan and Rules, Regulations, Policies and Procedures.
3. HPN Club, at its discretion may amend the Network Marketing Plan, its rules, regulations policies and procedures and terms and conditions of this Associate Agreement, and shall notify its Independent Associates of any amendments, alterations, deletions, or additions.
4. I have carefully reviewed the HPN Club Network Marketing Plan or Business Plan, Rules, Regulations, Policies and Procedures and acknowledge having studied the same and unconditionally agree to the same being modified from time to time. I have also read the same on the notice board of the office of the HPN Club and agree to the same in Toto.
5. I also understand and agree that my status as an Independent Associate in the Network Marketing Plan of HPN Club is valid for one year commencing from the date of my application to be enrolled as an Independent Associate and shall be renewable each year on payment of sum/s as the HPN Club may decide from time to time.
6. Upon acceptance of this application form by HPN Club I will be an Independent Associate responsible for my own business and not an employee of HPN Club. I will not be treated as an employee in regard to any E.S.I or Fund, Gratuity, or any other benefits under any act presently in force from time to time including the Workman's Compensation Act and such allied Labor Laws.
7. I will not use the HPN Club trade name and/or trademark except in the advertising provided to me by HPN Club neither shall I advertise the Products* and/or the Network Marketing Plan of HPN Club on my own. I am however, permitted to promote the same through personal contact, and word of mouth.
8. Any, Independent Associate who sponsors other Independent Associates must fulfill the obligation of performing a bona fide supervisory distributing, and selling function in the sale of Products* to the ultimate consumer and in the training of the Independent Associates sponsored by him or her.
9. The HPN Club Network Marketing Plan is a program built on retail sales of Products* to the ultimate consumer, hereby avoiding middlemen and passing on the benefits of such direct sales in the form of sales incentives to the Independent Associate.
10. The applicant acknowledges that Independent Associate is a marketing associate who services retail customers of the Products* offered by HPN Club and is an Independent Contractor. The position of an Independent Associate does not contribute either a sale of a franchisee or a distributorship, and absolutely no fees have been or will be required from Independent Associate for the right to distribute HPN Club's Products* pursuant to this agreement. The agreement is not intended and shall not be construed to create a relationship of employer-employee, agency, partnership or joint venture between any Independent Associate, Sponsor, and/or HPN Club.
As an Independent Contractor the Independent Associate shall
A. Abide by Central, State and Local laws, rules and regulations pertaining to this agreement and/or the acquisition, receipt, holding, sealing or distributing of HPN Products* of HPN Club .
B. At the Independent Associate's own expense, make, execute or file all such reports and obtain such licenses as are required by law or public authority with respect to this agreement and/or such legal action as the HPN Club deems appropriate.
C. Be solely responsible for declaration and payment of all local state and central taxes as they accrue because of the Independent Associate's activities in connection with this agreement
11. Prior written approval from HPN Club is required for the following:
A. For those to be more than one Independent Associate in an immediate family, household or business.
B. To use or produce any literature other than HPN Club produced literature relating to the Products*, HPN Club, or Network Marketing plan.
12. I understand that only a representative of the HPN Club who has received training and has a certificate from the HPN Club stating the same; can make a public presentation of the HPN Club Network Marketing Plan.
13. I agree and undertake to submit my grievance/complaint/claim against the HPN Club or a representative of the HPN Club if any, to arbitration in terms of the Indian Arbitration Act. However, all proceedings shall come within the jurisdiction of Ludhiana city only and such arbitration proceedings shall be held in Ludhiana only. I agree that a breach of this covenant on my part will make me liable for damages and legal cost to HPN Club.
14. This agreement will be binding upon receipt at the HPN Club office, and upon the acceptance thereafter by HPN Club.
15. This agreement shall be governed by the laws prevailing in India in the state of Punjab and shall be subject to Ludhiana jurisdiction only.
16. I acknowledge that I have read and understand and agree to the terms and conditions set forth in this agreement. This agreement is not in force until accepted by HPN Club. Any person contravening any rules, regulations and bylaws of this agreement or deviating from the HPN Club Network Marketing Plan, Rules, Regulations, Policies and procedures, or causing any unlawful loss to the HPN Club shall be terminated with immediate effect and such action both civil and criminal proceeded by against him as may be available to the HPN Club.
17. This agreement constitutes the entire agreement between the Independent Associate and HPN Club and no other additional promises, representations, guarantees or agreements of any kind shall be valid unless in writing and approved by HPN Club.
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