The Rules of Conduct (“Rules” or “ROC”) define and establish:
(1) Certain principles to be followed in the development and maintenance of Winzera Business.
(2) The rights, duties, and responsibilities of each Distributor/Independent Business Owner.
The terms and conditions of this relationship are set forth in:
(1) The Winzera Distributor Contract.
(2) The Business Manual will be in printed form, which include these Rules of Conduct.
(3) Other official Winzera literature, publication, notification or communications which may be released from time to time.
While the Rules primarily define relationships between Winzera and its Distributors, they also concern relationships amongst the distributors.
To ensure an equal opportunity for Distributors through ethical and responsible business conduct.
To protect and build a conducive environment for a long-term and profitable Winzera business.
To promote unity and harmony among Distributors.
To preserve the benefits of the Winzera Sales & Marketing Plan equitably for all Distributors
To define the relationship clearly between the company and the distributors .
To define the rules within which the Winzera business must be conducted by anyone who joins as an independent business owner or in other words a distributor.
In order to preserve the goals and purposes of the Winzera Sales and Marketing Plan, Winzera reserves to itself the sole right to adopt, amend, modify, supplement, or rescind any or all of these Rules, as necessary.
2. There are no annual renewal fees. You need to be sponsored in the business by an already existing Winzera Business Owner.
4. The system offers an opportunity to build your own individual business by selling goods to consumers and by developing and training a network of direct sellers to do the same. This business is purely ethical and works on simple marketing and sales system.
Winzera : “Winzera ” shall mean Winzera Pvt. Ltd .
Winzera Business: A business, as identified by Winzera Distributor ID.
Winzera Business Kit: The collection of literature, sales aid and other materials that distributors are required to possess in connection with acceptance by Winzera of their application and the Distributor Contract. The kit is free to download from our website and is available on cost of printing basis when bought in hard copy.
Winzera Business Policies: Rules and policies set forth in official Winzera literature, including the Rules of Conduct and various other policies and bulletins that may be maintained by Winzera from time to time which are incorporated by reference into;
(1) The Winzera Distributor Contract,
(2) The Business Manual, and
(3) Other official Winzera literature or communications.
Leg: A Distributor and all downline Distributors from that individual.
Line of Sponsorship or (“LOS”): The structural organization of Distributors established by the contractual (OR DOWNLINE) relationship that each has with Winzera.Distributor
Section 3 - Becoming a Distributor
3.1 Distributor Form and Business Introduction Kit: To become a duly authorized Distributor capable of selling Winzera’s products and services and sponsoring other Distributors, an applicant must apply for authorization from Winzera by completing and signing the online Distributor Form. The completed Distributor Application must be sent to WINZERA, and accepted by Winzera as authorized in accordance with the provisions of Rule 3.3. No Distributor shall present the Winzera Business Opportunity as anything other than a business opportunity available to Indian citizens.
3.2 Husband and Wife Distributor: Individuals who are husband and wife shall, upon acceptance by Winzera, can continue to have their own distributorship since they were already distributors when they were not married. A Person whose spouse is an authorized Winzera Distributor shall not be eligible to apply for another membership.
3.2.1 Winzera may at its sole discretion terminate the Distributorship if Winzera if it is of the opinion (which opinion shall be final) that any act of the Distributor and/or his/her spouse (whether or not the spouse is a registered partner) is found to be in contravention of any of the Rules of Conduct of Winzera .
3.2.2 If two Distributors, each of whom owns and operates a Distributorship in different or same Line of Leadership, become married to each other, one Distributorship must be terminated. If either member of the newly married couple has attained the status of executive or above, then the newly married couple may operate both Distributorships, each of which will, however, be operated in its original Line of Leadership. A Distributor getting married like this must notify Winzera as soon as possible. The person (spouse) must qualify according to rule 3.2. (Has been added here)
3.2.3 In a husband and wife Distributorship, if a spouse resigns from Winzera for any reason pursuant to the Rules of Conduct herein, Winzera shall be entitled to terminate the Distributorship of the remaining spouse without assigning any reasons. Winzera may however allow the remaining spouse to continue operating the Distributorship in which event the remaining spouse and resigning spouse shall be subject to these Rules of Conduct and to such other terms and conditions which Winzera may deem fit to impose.
3.3 Requirements: Without limiting Winzera’s rights, the following are requirements for becoming a Distributor:
3.3.1
3.3.2 Must not be the spouse of a currently authorized Winzera Distributor unless he or she qualifies under 3.2.2.
3.3.3 Must not have been terminated for breach of contract under a previous Distributorship or Distributorship with another Winzera affiliate; and
3.3.4 Must comply with Section 6.4 of these Rules of Conduct if the applicant previously operated under a Distributorship that was terminated or expired (and has not been renewed).
3.3.5 Must not be an employee of a direct-selling company at the time of the initial application or during the term of his or her authorization as a Distributor.
3.3.6 Must be an Indian citizen or resident duly authorized by the relevant authority to conduct business in India.
3.3.7 Must not be a person serving an imprisonment sentence or otherwise confined to any correctional institution or have a previous conviction record of any kind.
3.4 Acceptance of Distributor Application or Renewal: Winzera reserves the right to accept or reject any Distributor Application. Likewise, Winzera reserves the right to refuse the distributorship and can revoke the Distributorship if a Distributor’s activities have not been in accordance with the Rules of Conduct or if the Distributor is not in Good Standing or has not complied with the requirements of Rule 3.3.
3.5 Rejection of a Distributor: Winzera reserves the right to accept or reject any Distributor Application. Likewise, Winzera reserves the right to refuse and can revoke the Distributorship if a Distributor’s activities have not been in accordance with the Rules of Conduct or if the Distributor is not in Good Standing or has not complied with the requirements of Rule 3.3.
3.6 Date of Authorization: The date of authorization as Winzera distributor is when the Distributor Form has been accepted by WINZERA. User id & password will be issued.
3.7 Prohibited Sponsoring Practices: A sponsor shall not impose on a Prospect, nor any Distributor, as a condition to receiving from the Sponsor assistance in the development of such person’s Distributorship, such as:
3.7.1 Purchase any specified amount of products or services.
3.7.2 Maintain a specified minimum inventory.
3.7.3 Purchase any non-Winzera produced “starter,” “decision,” or other “pack” or “kit”. It can however be taken from the company free of cost to facilitate understanding of the business.
3.8 Term and Expiration: The distributorship will be initially for 1 year, in case the person wishes to continue the sales after one year, they can send in a simple email/letter stating they would like to stay active in business. This is in case, they have not bought anything during the year. If a person is actively buying and selling during the year (minimum one product) they will be considered active and interested in business and their distributorship will stay valid.
3.8.1 Buy-Back Rule: Upon voluntary termination of the Distributor Contract, a Distributor may apply to Winzera to return unsold inventory of Winzera products that he/she may possess, provided such products are in new, unused and original condition.
Winzera will repurchase such products at the cost for which the Distributor purchased such Winzera products from Winzera, according to the existing return/refund policy and distributor needs to return the business points/rewards if any achieved against the products in case of repurchase and if in packages need to return the Package Pin with products. In the event that the Distributorship is terminated for a Distributor’s breach, Winzera shall have discretion as to the repurchase of products under the Buy Back Rule. This is mainly for consumables. 10% or shipping and handling charges will be deducted as applicable.
3.9 Termination: A Distributor may terminate the Distributorship at any time by providing Winzera with written notice of termination at Winzera. Winzera may terminate the Distributorship at any time by providing the Distributor by E mail / letter if he/she fails to comply with the Winzera Business Policies, including the Winzera Rules of Conduct, the Winzera Sales & Marketing Plan and other policies maintained by Winzera and which have been incorporated into the Distributor Contract and can be revised at any time by Winzera. In any case distributor has to comply with the Distributor contract.
a. Winzera distributor is not authorized to make any promises or commitments on company behalf, and Company is not bound by any obligations to you or any third party other than what we specify in this Agreement.
b. Winzera does not encourage any scheme that is not allowed under the law of the land.
c. In either case i.e when the distributor terminates the contract or the company has to terminate the contract a distributor can not join a competing company in direct selling field for atleast 6 months.
3.11 Invitations Limited to Husband and Wife only: Invitations for business seminars, trips on performance and other events organized by Winzera will only be extended to the authorized Distributor and the legal and registered spouse per Distributorship. These individuals shall be listed on WINZERA’s records.
3.12 Conspiracy; Inducement to Breach: A Distributor shall not conspire with any other person to breach or induce a breach of any Rules of Conduct or the Winzera Business Policies or to induce or attempt to induce another Distributor to breach any of the Rules of Conduct or the Winzera’s Business Policies. Any such activity shall constitute a breach of the Rules of Conduct or the Winzera Business Policies.
3.13 Exceeding Scope of Authorization: A Distributor shall not exceed the scope of authorizations granted pursuant to the Distributor Contract. Any such activity shall constitute a breach of the Distributor Contract. This may include any such thing specified by Winzera.
3.14. Representations and Warranties: A Distributor shall not make any false representation or statement to WINZERA, nor induce Winzera to enter into a Distributor Contract under false pretenses, nor breach any representation or warranties implied in this contract or by law. Any such activity shall constitute a breach of the Rules of Conduct or the Winzera Business Policies.
3.15. Multiple Breaches: It is a breach of the Rules of Conduct or the Winzera Business Policies for a Distributor to allow any breaches to remain uncorrected following notification from Winzera of the existence of the same, or to have multiple simultaneous, serial or repeating breaches of the Rules of Conduct or the Winzera Business Policies.
3.16. Zero Tolerance Rule: It is a breach of the Rules of Conduct or the Winzera Business Policies for a Distributor to conduct Distributor activities in markets in which he or she is not authorized to conduct business. It is a breach of the Rules of Conduct or the Winzera Business Policies to conduct Distributor activities in markets in which Winzera are not doing business. available, the immediate suspension of the Distributor’s rights without notice.
3.17. All Distributors shall be subject to the Enforcement Procedure which is set out in the Business Manual provided that Winzera expressly reserves the right to terminate, at any time and with immediate effect, the authorization of a Distributor who shall have provided false information or who shall have accepted authorization as a Distributor in violation of these Rules or who shall have conducted himself in manner that in WINZERA’s opinion brings the Winzera Sales and Marketing Plan into disrepute.
Back to top4.1 Abide by the Winzera Business Policies/Amendments/Duty of Good Faith: At all times, Distributor must adhere strictly to the guidelines, procedures and policies stated in the Winzera Business Policies of which these Rules of Conduct are a part, in Winzera to the Winzera Sales and Marketing Plan, and, in each case, any amendments made to such from time to time. All Distributors are charged with the duty of good faith and fair dealing under the terms of the Distributor Contract.
4.1.1 Cooperation with Investigations: Distributors shall cooperate in any investigation undertaken by Winzera into activities that are potentially in contravention of his or her Distributorship or the Distributorship of another Distributor. Distributor shall allow the investigating team appointed by Winzera to investigate his/her warehouse and books of accounts.
4.2 Cross Group Buying or Selling/ Supplying: No Distributor shall engage in cross-group buying or selling / supplying. “Cross group buying and selling / supplying” occurs when a Distributor sells or supplies Winzera distributed or supplied products and/or services to another Distributor who is not personally sponsored and down line of those sponsored, down to the next Executive.
4.2.1 A Distributor must only purchase Winzera products and services and Winzera Business Support Material directly from his or her Sponsor, or WINZERA.
4.3 A Distributor may present the marketing plan of Winzera only on the basis of the governing guidelines issued to the company from time to time.
4.4 Truthful and Accurate: No Distributor shall make any offer to sell any Winzera products or services which are not accurate and truthful as to grade, quality, performance, and availability.
Distributor shall not:
4.4.1 Make exaggerated product claims not authorized by Winzera with regards to WINZERA ’s products or products distributed by WINZERA;
4.4.2 In any way whatsoever, represent Winzera incorrectly with regard to product supply, quality, standards, grades, contents, style or model, place of origin or availability of WINZERA ’s products or products distributed by WINZERA;
4.4.3 State that WINZERA products or products distributed by Winzera are backed, approved, or present any feature which is not in the company’s list.
4.4.4 Act or present in any way whatsoever WINZERA, its products or the products Winzera distributes, in a fraudulent manner or promote products that do not belong to Winzera as if they did.
4.5 Repackaging: Distributor may not repackage products, change the content of products or otherwise change or alter any of the packaging labels of Winzera products or services.
4.6 Written Sales Receipt: A Distributor who takes and/or delivers an order in person shall deliver to the customer at the time of sale, a written and dated order or receipt which shall: (a) describe the product(s) sold, (b) state the product charged, and (c) give the name, and telephone number of the selling Distributor.
4.7 Satisfaction Guarantee: Whenever a customer requests Satisfaction Guarantee service within the guarantee period of 30 days, a company/distributor shall offer the individual his or her choice of a: (a) applicable refund; (b) exchange for a like product (if applicable), customer needs to submit the invoice / receipt copy.
4.7.1 Distributors shall advise Winzera of any complaint regarding the Satisfaction Guarantee from a customer and provide copies of all correspondence and details of all conversations regarding the complaint as requested if any.
4.7.2. Distributors are not authorized to make any type of offer or compromise or render Winzera liable for any complaint or product return.
4.7.3. Distributors will be held strictly liable for claims they make which exceed the terms of the Satisfaction Guarantee and shall indemnify and hold Winzera harmless for claims made to that effect.
4.8 Compliance with Applicable Laws, Regulations and Codes: Distributors shall comply with all laws, regulations and codes that apply to the operation of their Distributorship wherever their business may be conducted. Distributors must not conduct any activity that could jeopardize the reputation of the Distributor and/or WINZERA. A distributor will act in good faith.
4.9 Deceptive or Unlawful Trade Practices: No Distributor shall engage in any deceptive or unlawful trade practice.
4.10 Unlawful Business Enterprises or Activities: A Distributor shall not operate any illegal or unlawful business enterprise, engage or participate in any illegal or unlawful business activity.
4.11 Professionalism: A Distributor shall at all times conduct himself or herself in a courteous and considerate manner and shall not engage in any high-pressure tactics, but shall make a fair presentation of Winzera products or services, or the Winzera Sales and Marketing Plan, when and where appropriate.
4.12 Distributor Relationship: No Distributor shall represent that he or she has any employment relationship with Winzera or any of its affiliated companies and/or other Distributor.
4.12.1. Distributors shall not give a false representation as to the nature of the relationship between Winzera and its Distributors, or make any representation, except in accordance with the explanation given in the Winzera Business Manual and Winzera Business Policies or other official literature of WINZERA. A Distributor is required to indemnify Winzera for the cost, damage or prejudice stemming from such false representation, including any legal fees Winzera may have incurred.
4.12.2. Distributors shall not imply that they are employees of WINZERA, nor shall they refer to themselves as “agents,” “managers,” or “company representatives”, nor shall they use such terminology or descriptive phrases on their stationary or other printed materials.
4.12.3. Distributors may not use their business cards to create the impression that they are in an employment relationship with WINZERA.
4.13 Franchises, Stockists & Super Stockiest and Territories: No Distributor shall represent to anyone that there are exclusive franchises, Stock Point & Super Stock Point or territories available under the Winzera Sales & Marketing Plan. Winzera can offer more than 1 franchise / Stock Point / Super Stock Point in any area at it’s sole discretion.
4.14 Other Selling Activities: Distributor may not take advantage of their knowledge of association with other Distributor, including their knowledge resulting from or relating to the Line of Sponsorship, in order to promote and expand other business ventures. Such conduct constitutes an unwarranted and unreasonable interference with the business contract of other Distributors and WINZERA.
4.14.1 Distributors shall not solicit, directly or indirectly, other Distributor in order to sell, offer to sell, or promote other products, services, or business opportunities not offered or marketed by WINZERA. This Rule also applies to investments, insurance plans, securities, and loans, regardless of their source.
4.14.2 Distributors shall not sell, offer to sell, or promote any other business opportunities, products, or services in connection with the Winzera Sales and Marketing Plan.
4.15 Interference in another Distributor’s Distributorship; Inducement: It is a breach of the Rules of Conduct or the Winzera Business Policies for a Distributor to:
4.15.1 Interfere or attempt to interfere with another Distributor’s Distributorship; or
4.15.2 Induce or attempt to induce another Distributor to change his/her Line of Sponsorship, to transfer or abandon his/her Distributorship, or to sponsor or not sponsor a particular Prospect; or
4.15.3 To induce or attempt to induce another Distributor to deny training, education, motivation or other support to a downline Distributor; or
4.15.4 To induce or attempt to induce another Distributor to breach any Rules of Conduct or the Winzera Business Policies.
4.15.5 Distributor shall not visit consumer’s premises without identity card &prior appointment or approval.4.15.6. Distributor shall not sell Winzera Products on any e -commerce platform at all.
4.15.7. Distributor shall use only accurate earnings claim which is authentic and true and not misrepresent or exaggerate the earnings clam at given point in time at any place. This is strictly to be complied with by all distributors always.
No Winzera distributor must, directly or indirectly, induce/entice other Winzera distributors to change their line of Sponsorship.
If any distributor is found in activity of Change Line of Sponsorship with same or different name or Parallel work in two groups then Winzera reserves right to immediately terminate or suspend of a Distributor’s both IDs New & Old in the absence of formal complaint.
4.20 Winzera Sales and Marketing Plan Manipulation: No Distributor shall manipulate the Winzera Sales and Marketing Plan or award volume in any way which results in the payment of Bonuses or other awards and recognition that have not been earned in accordance with the terms of the Winzera Sales and Marketing Plan and/or the Winzera Business Manual. In this regard, the strategic and artificial structuring of an Winzera Line of Sponsorship for the purpose of depth building, whether or not there are relationships between those who are sponsored and those who sponsor, is considered to be manipulation and an unacceptable business practice. Winzera at its sole discretion will determine what constitutes manipulation of the Winzera Sales and Marketing Plan. This is to avoid fake IDs being generated. The company will have the authority to decide on case to case basis as well.
4.21 Personal/Business Information Update: All Distributors are responsible for communicating any updates or changes to their personal information (e.g., name, Winzera, and telephone numbers, etc.) or business information (e.g., change of business status, etc.) to WINZERA.
4.22 Proprietary Information: All information related to Winzera such as the use of the Winzera trade name, trademarks and copyrighted materials, WINZERA’s confidential and proprietary business information Sponsorship information (i.e., information compiled by Winzera that discloses or relates to all or part of the specific arrangement of sponsorship within the Winzera business) business information, manufacturing and product development, business plans, and Distributor sales, earnings and other financial information, etc., constitute commercially advantageous, unique, and proprietary trade secret and business secrets of Winzera which it keeps proprietary and confidential and treats as a trade secret and business secret and constitute “Proprietary Information” subject to the Distributor Contract. Therefore, distributors are not to use it for any other purpose.
4.22.1 Winzera is the exclusive owner of all Proprietary Information, which is derived, compiled, configured, and maintained by WINZERA. The Distributor acknowledges all proprietary information is owned by Winzera through the considerable expenditure of time effort and resources.
4.22.2 Distributors are granted a personal, non-exclusive, non-transferable and revocable right by Winzera to use Proprietary Information only as necessary to facilitate their Winzera business as contemplated under the Rules of Conduct including, for example, the Confidentiality Policy and other terms and conditions of the Distributor Contract. Winzera reserves the right to deny or revoke this right, upon reasonable notice to the Distributor stating the reason(s) for such denial or revocation, whenever, in the reasonable opinion of WINZERA, such is necessary to protect the confidentiality or value of Proprietary Information.
4.22.3 All Distributors shall maintain Proprietary Information in strictest confidence, and shall take all reasonable steps and appropriate measures to safeguard Proprietary Information and maintain the confidentiality.
4.22.4 A Distributor shall not compile, organize, access, create lists of, or otherwise use or disclose Proprietary Information except as authorized by WINZERA. A Distributor shall not disclose Proprietary Information to any third party, or use Proprietary Information in connection with any other businesses.
4.22.5 Use or disclosure of Proprietary Information, other than as authorized by WINZERA, shall cause significant and irreparable harm to WINZERA, and Winzera may claim appropriate, compensation for damages as well as demand a Distributor refrain from the harmful conduct as well as seek any other remedies under applicable laws.
4.22.6 In case of disclosure of the Proprietary Information, voluntary or not, by a Distributor to any third person, the Distributor should immediately notify Winzera about that fact and take the necessary measures in order to (a) prevent further disclosure by such third party and (b) oblige such third party to sign a confidentiality and non-disclosure agreement for the benefit of Winzera and under no less stringent terms that those provided within this Rule 4.22.
4.22.7 A Distributor shall promptly return any and all Proprietary Information or any copy of same to Winzera upon resignation, expiration, denial of extension or termination of his or her Distributorship and shall refrain from any further use.
4.22.8 The confidentiality obligations set out in this Rule 4.22 shall survive during the term of the Distributor Contract as well as after the date of its expiration or termination by any cause.
4.22 Presentation RulesThe content of the presentations which include or support the promotion of the retailing of WINZERA products and services, or the Winzera Sales and Marketing Plan, must otherwise be in accordance with the following:
4.23.1 Distributors shall not:
a. make false claim suggesting that it is the result of building the Winzera business;
b. substitute group or non-Winzera organizational identity for the Winzera business. The Winzera business must always be clearly identified without any ambiguity to the participants during the course of the presentation;
c. advocate, imply or give the impression that success can be achieved through promoting personal consumption with no need promote or sell any product.
d. promote one’s business group in any manner that will give rise to or likely to give rise to resentment by or cause any detriment to others;
e. misrepresent whether directly or indirectly and by whatever means the relationship of the Distributor to WINZERA.
f. promote any other business opportunity other than Winzera Business or solicit any participants to attend meetings for the purpose of presenting another business opportunity at any time; or
g. use the meeting as a platform to promote or advocate religious, political and/or personal social beliefs
4.23.2 Personal reflections on the following are not appropriate:
a. social and cultural issues;
b. preferences regarding specific political views, parties, candidates or elected officials.
4.23.3 Discussions must only relate to ethics and positive attitudes that will assist and encourage the Distributor’s and WINZERA’s products, services and business
4.23.4 Income representations, whether direct or implied, must reflect a realistic income potential from participation in the Winzera Sales & Marketing Plan
4.24 Sales & Marketing Plan of Winzera shall be applicable for India only and the region as specified by the company from time to time.
5.1 Duties and Responsibilities of Sponsors: A Distributor who engages in sponsoring activity or who sponsors a Distributor shall:
5.1.1 Sell to the sponsored Distributor an unaltered Winzera program, and inform him/her of the applicable refund policy.
5.1.2 Meet requirements of the Distributor Contract as set forth in the Distributor Contract including Winzera Business Policies.
5.1.3 Train and motivate the downlines in accordance with Winzera Business Policies, or cooperate with the up line to ensure that this training and motivation occurs.
5.1.4 Ensure that the Distributors/downlines, to the next level, fully comply with the Winzera Rules of Conduct and the terms of the Distributor Contract including the Winzera Business Policies, and all applicable laws and regulations.
5.1.5 Encourage downlines, to the next level, to attend official Winzera meetings and functions.
5.1.6 Explain the responsibilities and obligations of a Distributor under the Distributor Contract, including the Winzera Business Policies and instruct the sponsored Distributor on how to operate a Distributorship in accordance with the Winzera Business Policies.
5.1.7 Support and comply with the Rules of Conduct and educate and assure that other Distributors whom they have personally sponsored and down line of those sponsored, to the next level do the same.
5.1.8 Protect the sponsorship rights of each Distributor whom they have personally sponsored and down line of those sponsored, to the next level.
6.1 Protection of the Downline Protocol: The change of ownership of a Distributorship, transfer, requires prior approval by WINZERA. This approval shall be WINZERA’s sole discretion.
6.1.1 The transfer of distributorship will be done after getting sponsor’s recommendation.
6.1.2 When a Distributorship is sold, such Distributorship shall remain in the same position in the Line of Sponsorship.
6.1.3 Transfers may not be used to strategically or artificially restructure any part of the Line of Sponsorship simply to earn commissions.
6.2 Individual Transfers: An individual transfer involves the transfer of a Distributor without any of his or her sponsored Distributors. Without limiting or restricting in anyway WINZERA powers and discretion under Rule 6.1 above:
6.2.1 Any Distributor who wants to change Sponsors must follow the 6 months inactivity rule sponsorship or the company may use discretion.
6.2.2 Winzera will also contact any Sponsor and Leadership Bonus recipients and will allow 15 days for comment.
6.4: 6 months Inactivity: A Distributor who wishes to terminate (by resignation or failure to extend) his or her Distributorship under his or her present Sponsor and who thereafter becomes inactive for a period of 3 or more consecutive months shall cease to be an authorized Distributor and may, following the lapse of said inactive period, apply as a new Distributor under a new Sponsor. The date on which Winzera receives the letter of resignation begins the inactivity period. A person who has not renewed his/her Distributorship will be considered expired and must remain inactive 6 months from the beginning of the following month. This decision can also be based on company discretion.
6.4.1 To sponsor a Distributor under this Rule, the applicant must complete a new Distributor Contract which may be obtained from WINZERA. When Winzera receives a Distributor Contract, it notifies the original Distributor at the executive or above level of the fact and grants him or her 14 days to file an objection to the inactivity claim. If evidence of activity during the 3-month period is substantiated, Winzera will refuse to honor the sponsorship under the new Sponsor. The right of a Distributor to contest the sponsorship of a former Distributor who is now sponsored under a different Sponsor ceases when 6 months have elapsed since the date Winzera accepted the application under the new Sponsor.
6.4.2 Definition of Inactivity: Inactivity for purposes of this Rule shall mean that during the period of inactivity, the Distributor shall be completely inactive, which means such Distributor:
6.4.2.1 Shall not have purchased products or services of Winzera as a Distributor for personal use (although he or she may do so as a customer)
6.4.2.2 Shall not have sold or supply any products or services of Winzera except pursuant to the "buy-back" policy, shall not have engaged in any phase of a product sale/purchase (e.g., taking an order, making a delivery, or accepting payment);
6.4.2.3 Shall not have presented the Winzera Sales and Marketing Plan to any Prospect;
6.4.2.4 Shall not have filed an Intent to Continue for the extension of his or her Distributorship; and
6.4.2.5 Shall not have attended any recruiting, training, or motivational meeting conducted by any Distributor or any WINZERA sponsored meetings;
6.4.2.6 For purposes of this Rule, the following shall NOT constitute activity and do not, therefore, interrupt the running of the 6 months inactivity period so long as the former Distributor is otherwise inactive:
6.4.2.6.1 Procuring and/or submitting a written request for transfer;
6.4.2.6.2 Filing a request for the review of an Winzera decision
6.4.2.6.3 Directing an inquiry to Winzera as to the status of his or her Distributorship.
6.4.2.7 During the inactive period, the former Distributor must not participate in any activity under another Distributorship in the name of his or her parents, siblings, or others or he or she shall be determined as "active" for the purposes of this Rule.
6.4.2.8 When either a husband or wife is a Distributor, both must fulfill the 6-months inactivity requirements before one can be sponsored again as a Distributor.
6.4.2.9 If the Distributor who is changing Sponsors under this Rule also has products unsold, they can be returned strictly under the buy-back policy only.
6.4.3 A Distributor who is inactive is termed as ‘Inactive’
6.5 Where two Distributors marry and one or both have attained the executive or above level prior to marriage pursuant to Rule 3.2.2;
6.6 In the event a Distributor owns or has an ownership interest in two or more Distributorships pursuant to this Rule, Winzera shall continue to recognize such Distributorships as separate Distributorships and will only recognize them as separate, individual Distributorships for all purposes including, for award and Bonus purposes.
6.7 Mergers and Combinations of Distributorships: No merger or combination of two or more existing Distributorships by reason of intentional affirmative act on the part of the owners shall be permitted which results in the merging Distributorships obtaining any level of achievement.
6.7.1 Only those mergers or combinations resulting from failure to file a Notice of Intent to termination, resignation, death (with no designation of succession by heirs), or some involuntary event or cause beyond the control of any of the owners, shall be permitted, provided, however, that the merging business has fewer than two (2) qualified legs. A permissible merger and combination must not be implemented until same has been reviewed and approved by WINZERA.
6.7.2 Under no circumstances will Winzera approve a merger which results in a Distributor attaining a higher award level.
6.8 Divorce, Separation, or Other Dissolution: Whenever a business is ordered to be separated or divided as the result of a divorce, dissolution of a corporation or partnership (where applicable), the separation or division must be accomplished in such a way as to not adversely affect the interests and/or income of the Distributor in the Line of Sponsorship. During the division or separation process, neither party shall administer or operate, together or separately, any other Distributorship without WINZERA’s express written consent.
6.8.1 Divorce: Upon divorce of a married couple one of whom is a signatory to a Distributor Contract, Winzera shall continue to recognize the signatory to the Distributor Contract as the Distributor and shall pay Bonuses and grant awards and rewards to such Distributor only. Winzera will continue to treat the Distributorship as a single entity and for the purposes of this contract the individuals formerly married are still bound by Rules 3.2, 3.11, and 4.14 as they deal with spousal issues. Any arrangements between divorced spouses with respect to proceeds from the Winzera Business of one of the spouses must be handled by the divorcing spouses. Absent the express written consent of WINZERA, no arrangements shall be made to divide proceeds or to share awards or rewards between divorced spouses.
6.8.2 Dissolution of a Legal Entity Operating a Distributorship: Absent the express written agreement of Winzera to the contrary, prior to dissolution of a legal entity that is a signatory to a Distributor Contract, the Distributor Contract may be assigned to the authorized representative of the legal entity who signed the Distributor Contract originally on behalf of the company, or the Distributorship may be sold in accordance with Rule 6.5 of the Rules of Conduct. The failure to either assign the Distributor Contract to the authorized representative or to sell the Distributorship in accordance with Rule 6.5 of the Rules of Conduct shall result in abandonment of the Distributorship in accordance with Section 13 of the Rules of Conduct.
6.9 Disposition of a Distributorship: If a Distributor terminates his/her Distributorship with WINZERA, or fails to apply for extension of the Distributorship within the required time period, or dies without leaving heirs who are willing and able to assume responsibility for the Distributorship, WINZERA, at its sole discretion, shall decide the future of the Distributorship in accordance with Section 13.
6.10 Non-Compete/ Non-Solicitation:
(a) Non-Compete:
A Distributor shall not, for a period of 12 months after the termination of his/her contract of Distributorship with WINZERA, engage in or carry on any business or service, either directly or indirectly, which may be considered to be in competition with or similar to the businesses of WINZERA, whether for his/her own account, or for the account of any other person in India, using or exploiting any confidential information belonging to WINZERA , its customers or distributors. All information related to WINZERA sponsorship, WINZERA Sales and Marketing Plan, marketing strategies, technology, know-how, customer lists and contacts, distributor lists and contacts, customer portfolios, costs of production and marketing, product costs, products, quoted product supply, specific needs and requirements of customers and suppliers, status of all on-going negotiations with customers, product lists, and any other information which by its nature could be considered to be confidential.
(b) Non-Solicitation:
A Distributor shall not, during the existence of his/her contract of Distributorship with WINZERA, and for a period of 12 months after the termination of his/her contract of Distributorship with WINZERA, whether for his/her own account, or for the account of any other person in India, solicit, induce, attempt to solicit, attempt to induce, or otherwise entice away from WINZERA, any of its distributors in India.
7.1 Must not Give False Impression: When inviting a prospect to hear a presentation of the Winzera Sales and Marketing Plan, a Distributor shall neither directly or indirectly:
7.1.1 Give the impression that the Winzera Sales and Marketing Plan relates to an employment opportunity (in accordance with Rule
7.1.2 Does not Imply that the invitation is to a social event;
7.1.3 must not Disguise the invitation as a “market survey;”
7.1.4 must not Promote the event as a “tax seminar;” as stated in Rule 8.3.3;
7.1.5 must not Promote the Winzera Business Opportunity as a business relationship with a person, company, or organization other than Winzera as stated in Rule 4.23.1 sub point (e) above;
7.1.6 must not Directly or indirectly indicate that the products are merely a line of products distributed through or as a part of a brokerage, consignment, or intermediary business operated by a person, company or organization other than WINZERA;
7.1.7 Must not Directly or indirectly indicate that the Winzera Business Opportunity, Distributor or products and services merchandised through Winzera are part of any business other than the Winzera Business Opportunity as defined in the Rules of Conduct and other official Winzera literature;
7.1.8 Must not Fail to affirmatively indicate in connection with such invitation the true nature of such presentation and that the presentation is about the Winzera Sales and Marketing Plan and the Winzera Business Opportunity;
7.1.10 Or in any other way violate Rule 4.23 above.
7.2.1 Introduce himself/herself by name;
7.2.2 Truthfully and honestly represent the Winzera ’s Sales and Marketing Plan, its products and/or services;
7.2.3 Respond with full transparency about the Sales and Marketing plan.
7.3 Sponsorship Ethics: In seeking participation of a prospect in the Winzera Sales and Marketing Plan, the sponsoring Distributor must comply with Rule 4.23 above as well as the following:
7.3.1 Must not say that a successful Distributorship can be built in the form of a “special privilege”.
7.3.2 Must not say that there is no requirement for the retail sale or marketing of products by Distributors.
7.3.3 Must not promote the enjoyment of tax benefits as the best or principal reason for becoming a Distributor.
7.3.4 Must not say that the business is a “get-rich-quick” opportunity in which it is easy to achieve success with little or no expenditure of effort or time. In the event that another Distributor is used as an example for success, that Distributors success must be verifiable and substantiated.
7.3.6 A Distributor must not misrepresent the relationship between Winzera and any other company affiliated with WINZERA.
This rule has been developed to maintain the integrity of WINZERA’s intellectual property and to ensure that the WINZERA brand will be available exclusively for the Winzera Business.
Therefore, no alterations to the approved logotype are allowed. Upon request, Winzera will provide an example of the approved logotype and color specifications.
8.1.1 Each Distributor acknowledges and agrees that Winzera is the licensee of certain trademarks including, e.g., logos, service marks and other intellectual property and industrial property, including the name WINZERA, and various trademarks, trade names and service marks used in connection with Winzera products and services, and the various designs or labels.
8.1.2 Distributors shall not use, in connection with his/her Winzera Business or any other business (including but not limited to, any business vehicle, office, phone listings, premises, or stationery) and/or on or in connection with any products, the WINZERA name, or trademarks, service marks or other intellectual property belonging or licensed to Winzera without the prior written consent of Winzera and subject always to any conditions attached to such use except as otherwise provided herein. Winzera reserves the right to withdraw its consent at its discretion.
8.2.1 Distributors must not produce or obtain any printed products from any source other than Winzera which bears the Winzera name, trademark, logo or trade name without written permission. Such permissions must be renewed for each Event/Meeting.
8.2.2 Winzera reserves the right at all times to withdraw permission to display the Winzera ’s name if standards stated are not met, of which Winzera shall be the sole judge.
(common name)
Winzera Distributor Or (common name) Distributor of Winzera products/services
8.3.1 Authorization for use of the Winzera name on Distributor business cards must be requested in writing to WINZERA ’s Sales departments. This request will be reviewed by Winzera prior to approval.
8.3.2 Any written approval for the use of the Winzera name on business cards must be renewed annually. No Distributor may refer to himself/herself other than as a Distributor on the business cards.
8.3.3 A Distributor may not promote any other activities unrelated to the Winzera business on their imprinted checks and business cards, including but not limited to, the placement of information, trademarks, trade names, logos or service marks relative to any training or education company, system or program the Distributor owns, controls or participates in.
8.4 Promotional Literature, Stationery, Premiums, etc.: Distributors shall not produce or procure from a source other than Winzera any item bearing the Winzera name or logo or any trademarks, trade names or service marks belonging to or licensed to WINZERA .
Upon the death of an Distributor, the Distributor’s interest in the Distributorship may be passed on to a relative or other designated person, subject to the laws on succession and WINZERA’s acceptance of the assignment of the Distributorship pursuant to Rule 3. Therefore, the original Distributor must make proper arrangements during their lifetime for the orderly and legal transfers of ownership of their Distributorship to their heirs. This is to ensure that downline Distributors will continue to receive proper service, training and motivation.
10.1.2.1 On receiving this notice Winzera will notify the appropriate Distributor of the complaint and request an immediate response within 48 working hours.
10.1.2.2 If the complaint and response do not contain sufficient facts upon which to make a decision, information may be requested from any party by WINZERA.
10.1.2.3 When Winzera believes that it has sufficient information regarding the facts and circumstances relevant to the complaint, Winzera will decide whether there has been a violation of the Winzera Business Policies or other breach of the Rules of Conduct and will take appropriate action in accordance with Rule 12.
10.1.3 Notification of Action.
10.1.3.1 Winzera will forward a decision letter to the violating Distributor, as well as the Sponsor of the sanctioned Distributor. The decision letter will list the specific complaint(s), outline the corrective action to be taken and, if appropriate, set a time limit for the Distributor to comply.
10.1.3.2.1 Be mailed, e-mailed or faxed or sent by registered mail or other confirmable method allowable by law to the Winzera or fax that Winzera has on record for the Distributor. Claim of failure of a Distributor to receive a notice shall not delay the action by WINZERA; and
10.1.3.2.2 If applicable, state the Section(s) of the Rules of Conduct or other provisions of the Distributor Contract violated or breached by the Distributor; and
11.1.1 Terminate the Distributorship by providing the Distributor with a written notice via email on registered email id or by some other suitable or electronic means or as allowed by law; or
11.1.3 Suspend specific authorizations under the Distributorship, such as by way of example and without limitation, the Distributor opportunity to Sponsor, to purchase or sell Winzera products and services, or to conduct similar activities associated with the Winzera Business;
11.1.4 Remove the Distributor as a Sponsor of any downline Distributor also called “de-sponsoring” and/or restrict the Distributor’s authority to Sponsor others;
11.1.6 Remove any qualification and require return of any objects evidencing such qualification (by way of example and not limitation, such as pins, certificates, etc.); or
11.1.7 Require written acknowledgement of the breach(es) and an undertaking not to breach the Distributor Contract in the future; or
11.1.8 Take any action short of termination of the Distributorship as may be permissible under applicable law and appropriate in WINZERA’s sole discretion to address the specific breach(es);
11.3.1 Resolution of the complaint within a specified time (max 30 days). Winzera can hold the payments due for a maximum of 30 days till when the complaint is resolved.
11.3.2 Suspending authorization to conduct sponsoring activity (sponsoring, recruiting meetings, training sessions, home presentations, etc.); and/or
11.3.3 Suspend invitations to company-sponsored seminars, trips and events; and/or
11.3.4 Conduct reorientation and retraining meetings; and/or
11.3.5 Require that Distributor provide Winzera with recordings of their Winzera Sales and Marketing Plan presentations.
11.4 Actions on Termination: Upon termination for any cause whatsoever, the Distributor shall:
11.4.1 Cease to identify himself/herself as a Winzera distributor.
12.1.1 Sale of Distributorship. If Winzera elects to sell the right to operate a Winzera business in the former Distributor’s position in the Line of Sponsorship, the following will be observed:
12.1.1.1 The sale shall be offered in the order of priority imposed by Rule 6.5 above.
12.1.1.2 The terms of the sale will be set forth in a written contract executed between Winzera and the purchaser.
12.1.1.3 The purchasing party shall operate the Winzera business in the position in the Line of Sponsorship held by the previous Distributor.
12.1.2 Dissolution of Distributorship. If Winzera so elects, the Sponsor of the former Distributor in the Line of Sponsorship may undertake the obligations of the former Distributor and assume the role of Sponsor for all Distributors who had been personally Sponsored by the former Distributor.
Any dispute is subject to New Delhi Jurisdiction.
13.1.1. To change a Person, a mail Request should be sent to our email id – Support@Winzera
13.2. Pan No. change Request will be processed in two days.
13.3 Bank details are also Required at the time of Change of a Pan No. Without Bank details Pan No will not be changed.