- The ANABATIK business opportunity comprises the sale of all goods and the provision of all services from time to time displayed or described in the ANABATIK product brochure and catalogue of ANABATIK
- The applicant acts as aANABATIK Business Consultant.
- All disputes are subject to Chennai jurisdiction.
TERMS AND CONDITIONS OF JOINING THIS BUSINESS
- I / We hereby apply for registration as a Business Consultant for the sale of ANABATIK products ("ANABATIK Business Consultant")
- I / We certify that the information given by me / us in ANABATIK WEBSITE is correct and true to the best of my / our knowlwdge.
- I / We understand that the terms and conditions of my / our JOINING as a ANABATIK Business Consultant (ABC) includes (but without limitation) all these terms and conditions contained in the ANABATIK Rules of Business and I/We confirm that I/We have read the current Rules of Business / Code of Ethics contained in the ANABATIK Business Manual.
- I / We undertake to read and familiarize myself / ourselves with the Rules of Business within 5 days of the date hereof and before engaging in any activity as anANABATIK Business Consultant.
- I / We agree to abide by the said Rules of Business including amendments there to, published or notified to me/us by ANABATIK from time to time.
- I / We accept that in case of me/us breaching any stipulation made in the Rules of Business, ANABATIK is entitled to immediately terminate my / our enrollment without having to enter into legal proceedings to require such termination.
- I / We understand that I/We must be 18 years of age or older in order to be and to carry on business as a duly appointed ANABATIK Business Consultant.
- I / We acknowledge that I/We will be at all times an Business Consultant in relation to the carrying on of my / our activities as a ANABATIK Business Consultant and shall at no time be or deemed to be an employee, agent, manager or representative of ANABATIK.
- I / We understand that if I / We cease to be duly appointed ANABATIK Business Consultants for any reason / we will automatically lose my / our rights as ANABATIK Business Consultant(s).
- I / We accept the right of ANABATIK to reject this Application or my/our enrollment as a ANABATIK Business Consultant at its absolute discretion and without being required to give any reason thereof.
- I / We agree that the ANABATIK Rules of Business / Code of Ethics shall be incorporated in and deemed to form part of the agreement between myself/ourselves and ANABATIK with effect from the date on which ANABATIK accepts this Application.
- The Consultant shall be responsible for complying with the state GST, toll taxes and all other taxes / laws as may be applicable to him/her from time to time and obtaining all licenses and registration as maybe required for running his / her business from time to time.
Code of Ethics to be followed by ANABATIK Business Consultants
- Being an ANABATIK Business Consultant, I agree to conduct my ANABATIK business according to the following ethical guidelines:
- I / We certify that the information given by me / us in ANABATIK WEBSITE is correct and true to the best of my / our knowlwdge.
- 1. Introduction to the Rules of Conduct for ANABATIK Business Consultants
- 2. Definitions
- 3. Disciplinary action on violation of Code of Ethics
1. I will perform all my duties as anANABATIK Business Consultant and maintain highest standards of conduct. ANABATIK expects you to observe and strictly adhere to the following guidelines at all times that are applicable to all ANABATIK Business Consultants under Eswaran Muthuramalingam’s Plan.
2. I will at all times follow the Code of Ethics and the Rules of Conduct in letter as well as in spirit, and comply with and strictly adhere to the guidelines, systems, requirements, procedures, policies, terms and conditions mentioned in it.
3. I will not engage in activities that may bring disrepute to ANABATIK or any ANABATIK products/services and are detrimental to ANABATIK image/business.
4. I will at all times make a fair and truthful presentation of ANABATIK products and the sales and marketing plan, and I shall make sure to present what is approved in official ANABATIK publications.
5. I shall be courteous and prompt in handling of any or all claims for exchange and return and follow the procedures prescribed by ANABATIK from time to time in its official publication.
6. I will always carry out the responsibilities of anANABATIK Business Consultant and that of Sponsor as detailed in official ANABATIK publication and not indulge in any activity, which damages any Business Consultants group or business.
7. I will conduct myself in a civilized and courteous manner of the highest standard while representing ANABATIK to the world at large as this may have grave consequences for the ANABATIK Business.
8. I will only use ANABATIK produced or ANABATIK Authorized Literature and publications in order to protect the ANABATIK Business.
9. I will not promote opportunity / product / services of other company in direct or indirect competition to ANABATIK. Also I will not directly or indirectly deal with anyone from any competitive industry.
10. I will always follow the 3 Cardinal Rules of the ANABATIK Business:
11. 1. Never do anything first time without checking with ones Introducer.
12. 2. Never disrespect with anybody’s spouse, Ego and Money.
13. 3. Never pass any negative comments or do any activity that might damage my down lines.
The ANABATIK Rules of Conduct define and establish certain principles to be followed in the development and maintenance of an ANABATIK business and the rights, duties, and responsibilities of each ANABATIK Business Consultant. The Rules are designed to preserve the benefits available to all the Business Consultants under ANABATIK Sales and Marketing Plan also known as the Eswaran Muthuramalingam’s Plan. ANABATIK and its business consultants have a binding contractual relationship The terms and conditions of this relationship are set forth in the ANABATIK website Business starter Guide, which includes ANABATIK Sales & Marketing Plan and ANABATIK Rules of Conduct as updated by ANABATIK from time-to-time. From time to time, the contents of these may be amended by ANABATIK as per the needs of the business.
2.1 In these Rules unless the context otherwise require, the following words and phrases shall mean what is given below:
2.1.1 "ANABATIK" means ANABATIK ENTERPRISES, a sole proprietorship company, having its registered office at 7, Periyar Pathai, Choolaimedu, Chennai - 600094
2.1.2 "ANABATIK Business" means all obligations, requirements, restrictions and opportunities connected with selling ANABATIK Products and servicing Customers.
2.1.3 "ANABATIK Products" means all goods and services, including literature and other support materials made available by ANABATIK to Business Consultants
2.1.4 "ANABATIK Sales and Marketing Plan" means the plan provided in Eswaran Muthuramalingam’s Plan containing ANABATIK's Marketing Plan, sponsoring procedures and guidelines, requirements, procedures and policies regarding the presentation of ANABATIK Products, the ANABATIK business and the management of ANABATIK organization, as amended from time to time by ANABATIK, and which forms an integral part of the Consultant Contract.
2.1.5 "Rules of Conduct"! "Rules" shall mean this Code of Ethics & Rules of Conduct for Consultants that can be changed or modified by ANABATIK from time to time, as provided in these Rules.
2.1.6 "Reference" means a Consultant who introduces an applicant to ANABATIK for joining as an Business Consultant in compliance with all applicable requirements and who, in turn, is assigned by ANABATIK to support recommended applicant, if the application is accepted by ANABATIK.
ANABATIK in its absolute discretion can take disciplinary action, up to and including termination, against any Consultant who discreetly or indiscreetly violates this Code of Ethics.Rules of Business
You shall indemnify ANABATIK from and against all actions, claims, demands, prosecutions, penalties including costs thereof and not excluding ANABATIK's legal costs which might be made or brought against ANABATIK in respect of or arising out of breach, infringement infraction of any laws, regulations and codes of practice arising out of the operation of ANABATIK Business. ANABATIK shall not have to any Consultant in respect of any loss, cost, damage or expense suffered directly or indirectly as a result of any art, omission. Representation or statement of any other Consultant.
Mentioned below are rules, regulations, policies and processes with regard to conducting ANABATIK Business:1. Registration & Activation as a Consultant
Joining in ANABATIK is free and you are not required to pay any amount for your Registration as an ANABATIK Business Consultant. ANABATIK believes in equal opportunity for all. The ANABATIK Business is available to anyone regardless of race, sex, and religious or political beliefs to become as anANABATIK Business Consultant, you are required to enroll through our website www.anabatik.com Without limiting ANABATIK's rights, the following are requirements for becoming a Business Consultant with ANABATIK: A Consultant must:
1. Be at least 18 years of age…
2. Be a citizen and resident of India.
3. Must not be in jail, have any criminal record and/or confined to any correctional institution of any kind
4. Must undertake to ANABATIK that there is no legal bar or limitation on his ability to meet the legal obligations of an ANABATIK Business Consultant.
5. Must not have been suspended from his or her current profession or business by any professional association, society, or institution Must not be unable to manage his or her business due to mental or legal reasons.
6. There is no requirement to make any payment as joining fee or in return for any information or assistance provided for becoming anANABATIK Business Consultant.
7. There is a requirement to maintain a specified minimum balance of INR 1000/- (Rupees One Thousand Only). There is no compulsory requirement to Purchase tickets for and / or attend or participate in rallies, seminars, or other meetings.
8. There is no requirement to Purchase hardware or software for computers, establish a Website or subscribe to an Internet Service as a condition to becoming an ANABATIK Business Consultant or as a condition of receiving assistance in the development of the ANABATIK business from the person who has referred you.
9. Acceptance or Rejection of Application: ANABATIK any explanation whatsoever.
10. Invitations Limited to Two Persons.
11. Invitations for seminars, leadership seminars and other events organised by ANABATIK will only be addressed to two individuals per ANABATIK business who are registered with ANABATIK.
12. Husband and wife Distributorship. Husband and wife always have to be together Even if one of them has not signed as an Applicant both are deemed to be ANABATIK Consultants automatically.2. Rule for Single joining:
2.1 A Consultant can operate only under one ABC Number. Consultant must not become co-applicant on another registration while being main applicant on one registration. Similarly, if you are a co-applicant on one registration, you must not join as an applicant/co-applicant on any other registrations.
2.2 Rules for Trust Distributorships: If you wish to transfer your ANABATIK Business to your minor children or old parents who can no longer do the ANABATIK Business then this can be done during one's lifetime simply by creating a Trust in accordance to the laws of India. One of the advantages of building a ANABATIK Distributorship is to have a business that can be generational in nature. The owner may pass it on to his or her heirs as part of his or her estate. In order to accomplish that objective, he or she may wish to transfer the Distributorship to an inter vivo trust during his or her lifetime or arrange for it to be transferred to a testamentary trust after his or her death. The latter may be particularly desirable where his or her surviving heirs may be minors who are disqualified by law from operating the Distributorship until they reach their majority. The trustee must be an individual, and the trustee may also be a ANABATIK Consultant at the time the trust is created or takes effect. In order to assure that the transfer of a Distributorship to a trust may not result in unfavorable consequences, ANABATIK will require compliance with the following:
2.3 The creator of the trust must have been a duly qualified and authorize the case of a deceased Consultant, immediately prior to the time that the Distributorship is transferred
2.4 The trust instrument must not permit the beneficiaries to assign any trust.
2.5 An original signed (or certified) copy of the trust instrument must accompany the Application, and the trustee(s) must promptly liaise with ANABATIK of any amendments or any documents which may vary the terms of the trust.
2.6 All trustees must execute on its behalf an irrevocable guarantee that the trustee will perform all the obligations and responsibilities of a Consultant as outlined in the Code of Ethics and Rules of Conduct of ANABATIK
2.7 The term of the trust shall not be perpetual and shall not continue beyond the date necessary to protect the interests of those trust beneficiaries who are unable to act for themselves legally, e.g., minor children or incompetent persons, or who, because of age or inexperience, require assistance in the conduct of business affairs
2.8 The trust will conduct only the business of an ANABATIK Distributorship and can do no other business other then the business of ANABATIK.
2.9 Validity of ANABATIK business - The Company does not charge any renewal fee for ANABATIK business to remain active. However, ANABATIK business will be discontinued if the Consultant resigns and the resignation is accepted by the company or the Consultant is terminated by the Company.
2.10 ANABATIK can revoke any consultants Distributorship if, in its opinion, the consultant's activities have not been in accordance with the interests of ANABATIK and/or the ANABATIK distribution organisation, or if the Consultant did not comply with any of the ANABATIK Rules of Conduct during the tenure of being a Consultant of ANABATIK.Responsibilities and obligations of Consultant
2.1 Comply with all guidelines set by ANABATIK: You must, at all times, comply with and strictly adhere to the guidelines, systems, requirements, procedures, policies and terms and conditions mentioned under Rules of Business and Code of Ethics in ANABATIK publications and any other literatures or any amendment thereof effected by the Company from time to time The Consultant shall keep records of use of products consumed and resold separately and provide the same to ANABATIK upon request.
The Code of Ethics requires direct selling through personal interaction with the consumers. Use of alternative methods of selling - like retail or online sale is contrary to fundamental principles of direct selling and disturbs the level playing field. ANABATIK is committed to providing equal opportunity to all ANABATIK Consultants and hence prohibits sale or display of ANABATIK products and services at places where goods are sold.
2.2 Rules governing misrepresentation and indemnity: As anANABATIK Consultant, you shall not
2.2.1 Sell ANABATIK products at a price higher than the Maximum Retail Price (MRP),
2.2.2 Misrepresent in any way the price, quality, performance or availability of ANABATIK products or services,
2.2.3 promote or misrepresent non-ANABATIK products as ANABATIK products, Consultants shall indemnify ANABATIK on account of any costs or damages that may arise from the breach of the above.
2.4 Comply with Laws of land
Consultant must not engage in any deceptive or unlawful trade practice, Consultant shall be responsible for complying with GST and all other taxes/ laws/regulations as may be applicable to him/her from time to time and may vary from State to State in India and also for obtaining all licenses and registrations as may be required for running his / her ANABATIK business from time to time. No Consultant may operate any illegal or unlawful business enterprise, engage or participate in any illegal or unlawful business activity or be convicted of any illegal or unlawful activity ANABATIK is not responsible for or concerned with effort or expense required to comply with such laws and regulations or the consequences of default, The Consultant is representing ANABATIK and hence he must not do any act or activity or conduct himself in any such manner as to jeopardize the reputation of the company and the business
2.5. Rules regarding changing or modifying current packaging: ANABATIK prohibits you from deleting any material from, adding any material to, adding extra words, labels, or other materials on and altering or detaching any label from the product/literature. ANABATIK products must be sold in the form and packages provided by ANABATIK and must not be decanted, repacked or otherwise altered from the said form and packages.
2.6. Written Sales Receipt: At the time of reselling products, a Consultant shall issue a written and dated receipt to the Customer. This receipt shall contain ANABATIK 100% Satisfaction Guarantee including product refund policy, this receipt must include
a) Product description
c) Consultants reference and registration details
2.7 Prospecting and presenting Sales and Marketing Plan:
At all times Consultants are required to make fair presentation of ANABATIK Products while presenting themselves in a courteous and well behaved manner
When anANABATIK Consultant invites an individual to an Introductory Meeting, he/she should not:
- Convey an impression that it relates to an employment opportunity
- Convey an impression that the invitation is social event or market survey
- Promote the business opportunity as a business relationship with a person, company or organization other than ANABATIK
- Imply that the meeting is for the purpose other than presenting ANABATIK's Eswaran Muthuramalingam Plan
Consultant shall observe decorum while engaging with customers and shall ensure that they are not disturbed without prior intimation, it Id be for sale of ANABATIK products and/or services or it could be for introducing the ANABATIK business or both. Consultant shall never impose himself or herself upon his / her prospective customer and shall not indulge in high pressure selling.
On the first personal contact the person should make himself or herself known in the appropriate fashion that he is anANABATIK business consultant. An ANABATIKbusiness consultant shall never impose himself or herself upon his / her protective customer. He should give his name, address, contact number as well as information on ANABATIK.
In the course of presentation of the ANABATIK sales and marketing plan, a consultant should:
- emphasize that income and bonuses can be achieved only on the basis of continues sales and business building
- not represent that a person can benefit by recommending other to be consultant.
- not claim that a consultant may achieve success with little or no investment by way of effort or time.
- not exaggerate or overstate the kind of potential earnings that can be regenerated by ANABATIK business.
- Show the sample of products id so desired by customers.
- Guide customers to use the product as per directions and cautions for the products.
2.8 Handling Customer Complaints: Whenever there is any Customer complaint, the Consultant shall notify ANABATIK along with all correspondences they have had with customer regarding the complaint while also guiding the customer for replacing products as per ANABATIK customer Satisfaction Guarantee, the Consultants shall indemnify ANABATIK for any claim, legal actions etc. (including ANABATIK legal fees) originating because of any failure by Consultant to observe this rule.
2.9 Relationship of Consultant with ANABATIK:
As an ANABATIK Business consultant, you are operating your own business; you are not employee/agent of ANABATIK. You shall not convey the impression or refer to yourself- as employee, agent, manager or representative of ANABATIK nor use such terminology or descriptive phrase on your stationery or any other printed matter
Nothing in this arrangement shall be deemed to be an employer employee relation between the company and the Consultant.
2.10 Rules regarding sale of non-ANABATIK products and services:
ANABATIK Business Consultant must not use ANABATIK Consultants or activities organized especially to promote ANABATIK Products or ANABATIK events, to promote his non ANABATIK business / profession nor will induce another ANABATIK Consultant to participate in any other non ANABATIK Business activity. ANABATIK shall in its absolute discretion terminate a Consultant if he / she is a Consultant with a company in direct/indirect competition with ANABATIK products and / or services that may neglect or detrimentally affect the sales of ANABATIK products.
2.11 Line of joining is sacrosanct: Line of joining is sacrosanct. The company prohibits anANABATIK Business Consultant from directly or indirectly soliciting, interfering with or trying to entice another ANABATIK Consultant away from his line of joining. Consultant must not directly or indirectly, induce/entice other ANABATIK Business Consultant to change their line of sponsorship, poach or solicit re-registration of existing Consultant from other line of sponsorship (e.g.) Inducing an ANABATIK Consultant to start a new business in the name of any other family member under a different sponsor without complying with 12 month inactivity rule. Transfers of Consultants from one Sponsor to another are only granted at the sole discretion of ANABATIK. Cross Group Selling: AnANABATIK Consultant in one line of joining must buy all company products and literature supplies directly from the company or his / her Sponsor. A sponsor should encourage his / her Sponsored Consultants to place orders Business; in the event Consultant / Sponsor is placing orders in the name of any other Consultant, he / she should do so with the Consultant's prior written approval and he/she will remain responsible for the orders placed and hence they need to be cautious so as to safeguard their business interest.
2.12 Privacy and Confidentiality: Information on Line of Sponsorship, report on Sponsored Consultant sales, organization information are proprietary and confidential to the company and is made available to the Consultants at the sole discretion of the Company in strict and complete confidence; if made available, such privileged information shall be used for Consultant's own use only and must not be disclosed to any third party. All Consultants are required to strictly abide by the above policy.
2.13 Rules for Media activities and Spamming: Consultant shall seek prior written consent before publishing anything in media relating to ANABATIK, its business or Consultants. No Consultant shall make any press statement, release, briefing, presentation etc. relating to ANABATIK, its business or Consultants without prior written consent of ANABATIK. Consultant shall prospect only to his/her pre-existing personal or business relationships and shall not use unsolicited email messages to any unknown person(s).
2.14 Manipulation of ANABATIK Sales and Marketing plan: ANABATIK Consultant shall not influence any reward / award or bonuses by manipulating Samir Mob Azadi plan, their Sales Volume or by creating any artificial structure in ANABATIK network.
2.15 Territory and prohibition on exports: The business is confined to the territory of India and Export of ANABATIK product involving in selling to others who export, is not permitted. Only ANABATIK reserves the right to export its products at its discretion as to the customer and price.3. Responsibilities and obligations of Sponsor As a sponsor Consultants have certain responsibilities and obligations. Consultant should:
3.1 Train, motivate and support Sponsored Consultants and endeavor to get them to attend free ANABATIK meetings and functions In all cases the Sponsor is responsible and accountable for ensuring that compliant training and motivation are made available to his or her sponsored Consultants.
3.1.1 Consultant shall abide by the Code of Ethics and Rules of Business, and shall not, indulge himself / herself in any wrongful activity, which could have any adverse effect upon the ANABATIK business of another Consultant
3.1.2 Ensure that all Consultants in his/her group comply with all the provisions of the Code of Ethics and Rules of Business in letter and spirit.
3:1.3 Counsel the Sponsored Consultants in case notices non-compliance of the Code of Ethics/Rules of Business; Report any violations of Code of Ethics/Rules of Business to the company.
3.1.4 Guide on promotions and other activities, media etc to assure that Sponsored Consultants conform to ANABATIK approved procedures and rules.
3.1.5 Encourage Sponsored Consultants to place their orders Businessly.
3.1.6 Must neither hard sell ANABATIK Products/services to other ANABATIK Consultants nor engage in high pressure selling,
3.1.7 Inform all his Consultants that there are no exclusive territories available under the ANABATIK Sales and Marketing Plan within India.
3.1.8 Not represent that there is an employment or agency relationship between himself and the Consultants, which he sponsors.Sponsoring Guidelines:
Muthuramalingam Eswaran Plan must not be presented
As an opportunity to make quick and easy money with little or no investment of money and time as if there is no requirement to resell ANABATIK products While prospecting, sponsor must only use ANABATIK products/authorized literature and may cite lifestyle examples, e .. g travel automobile, homes of successful Consultants, accrued as the result of building a successful ANABATIK Business..4. Payment of Bonus
Plan related bonuses are payable by the first week of the following month, In cases where a Consultant also has a co-applicant, ANABATIK will deal exclusively with the First Applicant only as per details provided in the Consultant Application form and shall make payments on account of Commissions, discounts, Returns and refund etc in favour of First Applicant only.
In case you owe ANABATIK any money, ANABATIK may exercise legal rights and remedies to adjust such sums from any amount/bonuses payable to you.5. Resignation
Consultant may submit letter in writing at any of our ANABATIK Success offices to resign as anANABATIK Consultant citing reason for the same with a copy to his sponsor / Regional sales Manager / ANABATIK.
In the event of Resignation, Consultant shall cease to have contractual liabilities with ANABATIK or his/her sponsor, except for liabilities:
1. On account of indemnities in respect of costs or damages legal or otherwise, arising as a result of any misrepresentation or infringement of any laws.
2. On account of infringements of the Rules of Business as occurred prior to the effective date of Resignation. If the resigning Consultant has some
ANABATIK products to return at the time of resignation and if they are in saleable condition (to be decided by ANABATIK) and returned within 30 days of their purchase, he/she will receive refund. The amount refunded will be equal to the price paid after adjusting all benefits availed by the Consultant and / or bonus paid to the Consultant as a result of purchase of such products. The Consultant will have to present the copy of the related invoice.
Payment for the product shall not return at any point of time
6. Re-registration of a former consultant
A Consultant who has resigned can rejoin the business after expiry of 12 months of dormancy/Inactivity period from the date of resignation.. The inactivity period starts from the date when ANABATIK receives and accepts the Resignation letter. To apply for a new ANABATIK business under this Rule, Consultant must submit a new Consultant Application Form specifying the following on the Consultant Application Form (ABCAF):
i) Earlier Id Number
ii) Declaration of dormancy
If Consultant opposes or has reservation against any former Consultant re-joining the business, he/she can file an objection with Company submitting a clear proof of activity of this former Consultant in the last 12 months period. If valid evidence of activity during the twelve months period is received, ANABATIK will reject the application. However Company reserves the right to take final decision on each and every case on a case to case basis. Applicants can not apply under this rule to become a partner in an already existing ANABATIK business.
6.1 Meaning of Term Dormant: Term 'Dormant' means that Consultant:
6.1.1 Did not conduct field activities & did not hold meetings.
6.1.2 Did not attend any meetings, trainings, and conventions of ANABATIK Consultants or any ANABATIK company-sponsored meetings
6.1.3 Did not purchase/sell ANABATIK products as a Consultant, not done sponsoring of prospects and shall not have presented the ANABATIK Sales and Marketing Plan to any prospect.
6.1.4 Did not participate in any ANABATIK activity under another 'ANABATIK Business Consultant' in the name of parents, siblings or others When either a husband or wife is a Consultant, both must fulfill the twelve month inactivity requirements before one or both can be registered as a Consultant.
A Consultant re-registering, pursuant to the provisions of this rule, is not allowed to be sponsored by anyone who was previously above or below him/her in his/her previous line of sponsorship unless 12 months have elapsed since the termination of his/her original ANABATIK Business. After moving to a new group, a consultant cannot poach persons from his old group except for Consultants who were inactive for atleast 12 months.
6.2 Corrective Action: If the above provisions violated, ANABATIK may take corrective action. ANABATIK, at its discretion, may transfer the Business Group and the business volume generated during period of violation to the original Line of Sponsorship.
6.3 Re-registration of Terminated Consultant-
ANABATIK prohibits re-registration of a Consultant and his or her spouse who has been terminated by ANABATIK. Such persons will be ail owed to rejoin only at company’s discretion, Consultant, intending to sponsor any such person, would be required to take permission in written from Company Management before sponsoring.7. Product Return Conditions
1. The Consultant cannot return the product(s) to ANABATIK offices8. Guidelines regarding sale of rights/interests
8.1 A Consultant can sell his ANABATIK business only after he has attained and qualified as an Anabatik Business Consultant
8.1.1 If a Consultant wants to sell his business, it must first be offered to his/her immediate sponsor. If the immediate Sponsor does not accept the offer then the offer must be made to all Crown Diamond Directors and above in that order in the same line of joining. If the above declines the offer, the same can then be offered to all his/her frontlines.
8.1.2 in case the Consultant wants to vat), the terms of his 'ANABATIK business', then it must he offered again with the modified terms in the order of priority set out above.
8.1.3 Once the sale is through, all bonuses, which the business will he entitled to, shall be paid to the new owners
8.1.4 No sale shall be final until approved in writing by ANABATIK.
8.1. The purchased business shall remain separate from the buyer's other ANABATIK business and the lines of Sponsorship shall not be altered in any way as a result of the same.9. Rules regarding Death or Dissolution
ANABATIK has a pre-determined set of rules that are to be followed in the event of death of a Consultant and the dissolution.A. Death
9.1 In the case of the death of a Consultant, where there is no co-applicant:
9.1.1 the business shall pass to the Executor for the deceased consultant and the Executor shall receive all or part of the Commissions and privileges earned by the ANABATIK business that he represents, for the period during which he manages it, If ANABATIK is not notified of the enrollment of an Executor within 60 days of death of the Consultant, ANABATIK can dispose business in accordance with Section14.1 (Disposition of Terminated, De-sponsored, or Non-Renewed Businesses).
9.1.2 The Executor of the deceased Consultant's Business shall as soon as possible following the death of the Consultants do the following:
- Sell the ANABATIK Business in accordance with Section 8 of these rules;
- If he is or becomes a Consultant, take charge of the deceased Consultant's ANABATIK Business
9.2 If an ANABATIK Business belongs to two unmarried persons, and if one of them dies, the following provisions shall apply:
9.2.1 Upon death of either if the Consultants intestate, the surviving Consultant will become the owner of the business.
9.2.2 The legal heir of the deceased Consultant can apply to the Company with all original documents validating his claim, for replacing the deceased name by his name within 60 days from the date of the death of the deceased Consultant along with consent of the surviving co-applicant Consultant: In the event, the Company does not receive any consent from both the parties within the stipulated period, the Company shall dispose the said business in accordance with Section 14.1 of these Rules or b. Surviving Consultant shall obtain (by will or sale) the interest of the deceased Consultant.B. Dissolution of Partnership
Divorce, Separation, or Other Dissolution:
Terms of divorce or dissolution of partnership should spell out clearly the manner in which the business is to be split so that the functioning of the company or the line of sponsorship is not adversely affected:
When there is dissolution of partnership, the bonus will be divided equally between the two Consultants or as decreed by the court, Where dissolution is pending, the company prohibits any of the parties from managing and developing either alone or jointly any other ANABATIK business without ANABATIK's approval.10. Company ownership of copyright
ANABATIK has a copyright with regards to all its printed material.
10.1.1 ANABATIK forbids reproduction in whole or in parts except with its written permission of any ANABATIK printed material such as text, pictures, diagrams, charts, maps, designs as well as other materials like audio cassettes, video and film recordings.
10.1.2 In any such reproduction by Consultants a statement as follows should be appended: "Reproduced with the permission of ANABATIK, G N Flats, F3, First Floor, 7/8, Periyarpathai, Choolaimedu, Chennai - 600094
10.1.3 All rights in the ANABATIK name, trade marks intellectual property are the property of ANABATIK and/or its associated companies, Consultant shall use only printed material received from ANABATIK and is prohibited from printing or disseminating any material with any change in the wording.
Upon Resignation, Consultant shall using company name and copyright.
10.2 Guidelines regarding the use and represent of the ANABATIK name by Consultants ANABATIK forbids the use of its name, logo, any trade. names, trade marks, service marks or other intellectual property which is the property of ANABATIK or any of its associated companies prior written consent. ANABATIK reserves the right to withdraw its consent at its absolute discretion.
ANABATIK also forbids a Consultant from producing or procuring from a source other than ANABATIK, any item bearing the ANABATIK name or logo or any ANABATIK trademarks or trade names or service marks.
10.3 Office Signage:
ANABATIK Consultant operating an office if desires to display ANABATIK Name or logo that is visible to public, he/she must first obtain prior approval from ANABATIK in writing while providing description of proposed signs, its size, location and type/method of installation, This office however shall not be used to service any retail customers.
ANABATIK reserves the right at all times to terminate the Association and withdraw permission to use the ANABATIK name if ethical operation are not carried out. The decision of ANABATIK in this regard shall be final.
10.4 Vehicle Sign:
10.4.1 ANABATIK Consultant must obtain explicit prior written approval from ANABATIK for using Trade name, Trademark, logotype design or symbol on any vehicle.
10.4.2 ANABATIK reserves the right to withdraw permission to use the ANABATIK name on any vehicle if the owner fails to comply with the specified rules and requirements, permits his vehicle to fall into disrepair, violates the Code of Ethics and Rules of Conduct, or is guilty of any conduct prejudicial to the interest of ANABATIK, of which ANABATIK shall be the sole judge.
10.4.4 The ANABATIK name and logotype must be completely removed at the time of selling the vehicle.
10.5 Charitable Events: ANABATIK Consultant shall not use ANABATIK products and services in conjunction with any charitable activity while soliciting purchase of ANABATIK products/services on the representation that all or a part of benefits, profits, gains generated by such sale will benefit a particular cause/group/organizations.
10.6 Stationary, Promotional Literature etc.
- ANABATIK Consultant must take prior approval in writing for printing stationary bearing ANABATIK Logotype, trade name or trademark by sending exact copy to be used for printing before printing is actually done. Subsequent to the approval, there shall be no deviation whatever from the approved copy.
10.7 Business Support Material (BSM) - BSM may not infringe in any way on ANABATIK copyrights, trademarks or other intellectual property rights, or provisions of any other applicable laws, rules or regulations. Consultants promoting, distributing, offering for sale or selling BSM must obtain appropriate written authorization from ANABATIK in order to use or affix any trademarks, copyrighted material or other intellectual property of ANABATIK in BSM.. Additionally, BSM must not infringe the trademarks, copyrights or intellectual property rights of other Certified Training Providers, other Consultants or any third parties.10.8 Principles regarding advertising:
ANABATIK prohibits the use of mass and/or broadcast communication methods such as mass mailing, tele-marketing, national or international advertising, television merchandising channels, computer networks including internet or any other means by which personal contact with the prospect is not there, to secure ANABATIK customers. However, Consultants may use digital media or maintain an Internet Website for use with prospects, provided the contents of such media or Website meets the requirements set within the Consultant Guidelines and complies with the Terms and Conditions of ANABATIK Business, after obtaining explicit consent and authorization from ANABATIK.
10.9 Penalties for Violators: In case any Consultant violates any clauses of the code of ethics his Association shall be terminated forthwith
10.9.1 Shall be prohibited from representing as a Consultant of ANABATIK and
10.9.2 He cannot use the trademarks and trade name of ANABATIK.
10.9.3 In case he continues to do so then he shall be liable for infringement and a suit for damages and injunction shall be filed at his risk and cost.11. Business Development Aids
Business Development Aids means all products and services (including but not limited to business tools, books, magazines, flip charts and any other printed material, online literature, Internet websites, audio, video or digital media, rallies, meetings and seminars (inclusive of tickets for the same), and other types of materials and services) that:
(i) Incorporate or use one or more of ANABATIK's trademarks, service marks or copyrighted works; or
(ii) Are designed to solicit and/or educate Prospects, prospective customers or Customers of ANABATIK products or services, or to support, train, motivate and/or educate Consultants;
(iii) Are otherwise offered with an explicit or implied sense of affiliation, connection or association with ANABATIK.12. Social Media Policy
12.1 Definition of Social Media:
This Policy is intended to help Consultants to apply necessary rules and principles to social media interactions. Consultants desiring to use Social Media for their ANABATIK Business should review all Code of Ethics & Rules of Business and adhere to the same while using Social Media such as websites, online tools like blogs, micro blogs, message boards, podcasts, video and photo sharing sites, online communities, wikis etc: that are used to connect and interact online with other people and share any content and information.
12.2 Appropriate Conduct.
12.2.1 Connect with ANABATIK online, join official sites to share posts, videos and photos posted by ANABATIK with your teams, customers and prospects.
12.2.2 Maintain privacy settings while connecting with friends or friend of friends, those Sponsored Consultants and Sponsor as appropriate.
12.2.3 Self disclose your affiliation with ANABATIK if you intend to discuss the business on your page; Be truthful and accurate at all times considering your comments reflects upon your and ANABATIKs reputation.
12.2.4 Share positive experiences about ANABATIK products and the ANABATIK business.
12.2.5 Offer participation, support and feedback. When approaching others or entering the conversation, interact positively, be relevant and credible.
12.2.6 Refer questions or other users with questions to ANABATIK.
12.2.7 Remember to abide by the Code of Ethics & Rules of Business for ANABATIK Consultants.
Only some of the applicable rules are listed here for ready reference. Consultants may clarify any other doubts from ANABATIK
12.3 Forbidden Conduct
12.3.1 Do not create pages, websites, accounts or other online sites to sell products.
12.3.2 If someone contacts you online and expresses a desire to buy product or learn more about the business, contact them privately through chats, messages or email.
12.3.3 Do not offer discounts or special promotions not offered by Anabatik
12.3.4 Do not create fake ANABATIK or product brand identities. When it comes to naming your page, you are not allowed to use ANABATIK trademarks or trade names.
12.3.5 Do not use ANABATIK logos, ANABATIK Product logos, brand images, photographs and copyrighted text including product literature or ANABATIK BSM's without prior permission from ANABATIK or misrepresent ANABATIK in any way.
12.3.6 Do not make claims about ANABATIK products that are false, misleading or incorrect.
12.3.7 Do not upload photographs / videos / content related to ANABATIK Business, events or products that are not authorized by Medicare, false, misleading or incorrect.
12.3.8 Do not upload BSM's of other Consultants or your BSM's that have not been approved by ANABATIK.
* Consultant conduct and activities while using the Social media for their ANABATIK Business is governed by the Code of Ethics & Rules of Business and the above policy, which are subject to change from time to time. Violation of the Rules and/or this policy may invite action against your ANABATIK Business.13. Correction of name
13.1 Only spelling corrections will be allowed for applicant and/or co-applicant's name under following situations:
i) If the error has occurred on part of the Consultant while filling the form, an application from the Consultant is required requesting the rectification and enclosing a copy of valid KYC document containing his/her signature like Passport, license, PAN card or signature attested by Bank,
13.2 Applicant can enroll anyone as co-applicant. In case there was no co-applicant at the time of enrolment, an application from the applicant requesting the addition of a co-applicant must be submitted along with a "No Objection" letter from the person joining as co-applicant.
13.3 Interchange of names between the applicant and the co-applicant can be allowed after receiving an application from the applicant requesting the same and a "No Objection" letter from the co-applicant attached along with. However, it is allowed only if applicant and co-applicant are spouses or blood relatives, a proof of relationship will be required at the time of name interchange along with Valid KYC documents of both parties containing their signature
13.4 Change of address and phone number: Address change to be accepted only upon a written request from the concerned Consultant along with a proof of valid address such as a copy of, bank account statement, electricity or telephone bill, passport, voter I-card, Aadhar Card etc. Address proof must be in the name of main applicant and must have the same add _s for change. Phone number will be changed upon rr 1 from the concerned Consultant requesting the same along with a valid proof i.e, copy of the telephone bill.14. Disposition of Consultant's Business:
In the event that ANABATIK determines that it is terminate a Consultant's business, or if a Consultant resigns from his Business or dies without leaving heirs who will as of the ANABATIK Business, the disposition of the business of such Business will be determined by ANABATIK in its sole discretion . in excersinng its prerogative to determine the disposition of such business, ANABATIK may elect to employ one of the following methods:
14.1 Sale/Assignment of Business –
If ANABATIK elects to sell/assign the business, and subject to the provisions of all applicable laws and regulations, the following will be observed:
14.1.1 The business will be offered for sale/assignment as per the priority set out in rule 8.1.i.
14.1.2 The terms of the sale will be set forth in a written contract executed between ANABATIK and the purchaser.
14.1.3 The business will remain in its current position in the Line of Sponsorship and will be made a No. 2 business of the purchaser.
14.2 No Limitation on ANABATIK: Medicare's right is in no way limited to any of the above methods of disposition of a business and ANABATIK may exercise complete discretion as to methods and/or timing of disposition.15. Adherence to Law
Consultant must strictly adhere to the laws of the land. Consultant must not engage in any unlawful trade practice as defined by any Central, State or local law or regulation, If ANABATIK determines that any ANABATIK Consultant is engaged in or operating or participating in an illegal or unlawful activity or enterprise and even upon notification and request by ANABATIK does not refuse or fails to terminate his or her relationship with such illegal or unlawful enterprise or activity, then ANABATIK shall terminate such ANABATIK Business, whereupon the Consultant shall lose all the right and privileges of a ANABATIK Consultant.16. Enforcement of the ANABATIK Rules of Conduct
Suspension/Termination Violation of ANABATIK Rule of Business and Code of Ethics is completely unacceptable under any circumstances. ANABATIK in its absolute discretion can take disciplinary action, up to and including termination, against any Consultant who discreetly or indiscreetly violates Code of Ethics and Rules of Business and/or any other guidelines or instructions given in ANABATIK official publications. ANABATIK's decision in this respect shall be final and binding to all parties concerned. In case any violation is observed, ANABATIK Consultant must report the same to ANABATIK in accordance with the below specified complaint procedure;
16.1.1 Violation must be notified to ANABATIK along with all facts and documentary or other evidence connected with it. Additional information may be requested from any party by ANABATIK with regard to the complaint.
16.1.2 On receiving complaint, ANABATIK will issue show cause notice to the concerned Consultants to seek an immediate response. The letter shall be issued and sent by Registered Mail to the last mailing address while stating the Rule(s) violated by the Consultant. ANABATIK may initiate termination or suspension of a Consultant's business even in the absence of a formal complaint.
16.2 Suspension of a ANABATIK
business ANABATIK may employ various actions and procedures to encourage proper ANABATIK business conduct
Block access to Business Status reports.
Hold payment of commissions, award money, or other additional benefit payable to the Consultant.
Not allow him/her to attend Company sponsored seminars, events, meetings, training sessions, home presentations etc,
Prevent him/her from participating in Company sponsored trips.
Prevent him/her from placing orders on the Company or sharing opportunities.
Upon termination of his or her authorization as a ANABATIK Consultant for any cause whatsoever, the Consultant shall forthwith:
Cease to identify himself as a ANABATIK Consultant and shall cease to have all rights as a ANABATIK Consultant and
Cease to use all trademarks, trade names, insignia, or other industrial property used in or related to the ANABATIK business.
All income being generated after the date of termination.
In the event that ANABATIK terminates a Consultant's business pursuant to the Code of Ethics and Rules of Business, the Consultant will have no claim against ANABATIK arising out of or in respect of the termination.
ANABATIK may terminate without affording to give an opportunity to rectify Consultant's improper conduct where the violation has been of such magnitude as to bring into serious question the right of such Consultant to continue to operate his business.
16.5 Interim Managers:
Where ANABATIK is of the opinion that the interests of any Distributorship within a particular Line of Sponsorship are being adversely affected by the inability or unwillingness of a Consultant within the same Line of Sponsorship to properly carry out his/her responsibilities and obligations as a Consultant, ANABATIK may by notice in writing appoint an Interim Manager to run the business of the violating Consultant. Such enrollment shall apply until resolution of the situation and at the sole discretion of ANABATIK.17. Zero Tolerance Policy
This policy is to emphasize that ANABATIK will not overlook any violation of rules of business and codes of ethics defined and printed in any of ANABATIK publications, no leniency shall be shown in dealing with a consultant who is found indulging in adverse conduct or to be in violation of the rules.
In addition, ANABATIK can hold the consultant responsible for any cost or damages incurred by the company and or any other ANABATIK consultant if the activities of the consultant have the effect of derogating, diminishing or damaging the reputation of ANABATIK or its products and or services.18. Modifications in the Rules of Business
ANABATIK may at its absolute discretion, change, rectify or amend any of Rules of Business & Code of Ethics, terms & conditions of ANABATIK Muthuramalingam Eswaran' plan and policies or any other document comprising the Consultant's Contract from time to time; any such amendment in policy /procedures / new schemes / Company’s initiatives shall be communicated through ANABATIK website wvvw.ANABATIK.com / ANABATIK Connect magazine / posters displayed at ANABATIK offices or any other published material. The Consultant has the option to terminate the contract forthwith if the Consultant does not accept the terms and conditions. In such a case he will be required to send a written communication to ANABATIK. If he continues business after communication of amendment of Rules of Business it shall be presumed that the Consultant has accepted the amendments and is bound by them19. Retailing
ANABATIK does not permit Consultants to display/sell its products/ literature through retail stores.
19.1 No Consultant shall permit ANABATIK Products or services to be sold or displayed in retail stores, schools, fairs, ships or military stores; nor i, he or she permit any ANABATIK product to appear in such locations even if the ANABATIK product or services themselves are not or sale.
19.1.2 No ANABATIK point of sale material, literature shall be displayed in retail establishments
19.1.3 A Consultant who works in or owns a retail store i ore must operate his or her ANABATIK business separate and apart from the retail store. Such Consultants must secure customers and delivery products to them in the same manner as ANABATIK Consultants who have no connection with a store. Other types of retail establishments, which are not technically stores, such a s barber shops, beauty shops etc., likewise may not be used i to display ANABATIK Products, information about ANABATIK services, or ANABATIK literature.. Further, Consultants may not use mass communication methods such as television merchandising channels, computer networks, national or international advertising, etc., to secure ANABATIK customers.
19.1.1 Exception to above Rule for Beauty salons, health clubs, Doctors, hospitals, clinics. Display and sale of health, beauty and sport nutrition product are permitted in health and beauty establishment under the following conditions:
1. 19.1.1 The primary focus of the business is service and retail sale of product is incidental to the service provided (e.g. Beauty salons, health clubs, Doctor's clinic)20. Prohibition from Spamming
20.1.1 Unsolicited e-mail messages:
No Consultant shall send, transmit or otherwise communicate any unsolicited e-mail messages to persons with whom the Consultant does not have a pre-existing personal or business relationship. (This includes, but is not limited to, sending e-mails through newsgroups, purchased mailing lists, "safe lists", or other lists of individuals or entities with which the Consultant does not have a relationship).
20.1.2 Employment Postings: If a Consultant responds to an employment posting for someone seeking an employment opportunity, they shall clearly state within the first paragraph of the response that they are offering a business opportunity. Any materials used with a prospect must be approved by the Corporation in accordance with Rule of conduct and business herein.21. De-sponsorship means removal of a Consultant from his position as a Sponsor in the Line of Sponsorship
De-sponsorship or "de-sponsored from one's Business Group" means the removal of a Consultant from his position as a Sponsor in the Line of Sponsorship (including, at the absolute discretion of ANABATIK, the removal of the Consultant's right to ever sponsor again in his current Line of Sponsorship or any other Line of Sponsorship), such removal being effected by written notice from ANABATIK to the relevant Consultant and becoming effective on the date stated in such notice or on the date of the breach committed whichever is earlier.
21.1 Termination and De-sponsorship: ANABATIK can terminate/de-sponsor the Distributorship of a Consultant if he/she.
21.2 Gives wrong information in the application form.
21.3 Misrepresents ANABATIK and or its Business.
21.4 Breaches any of the Rules of Conduct.
21.5 Is convicted of an offence punishable by going to Jail,
21.6 Is declared bankrupt.
21.7 Is not mentally sound to handle the business,
21.8 If the Consultant breaches any of these Rules of Conduct and fails to rectify such breach within the time period specified by Anabatik in its written show cause notice to the Consultant,
21.9 If the Consultant commits repeated breaches of any of these Rules of Conduct,
21.10 if the Consultant (or, if the business comprises two or more individuals, any of those persons) is convicted of an offence punishable by going to jail
21.11 In the event that a Consultant dies, continuing the deceased's business.
Defames the company and or any of its employees.
Uses the copyright data, information about down lines, conniving with others to harm the ANABATIK Business.
Makes his own organisation to promote the ANABATIK Business under its banner.
ANABATIK may, at its discretion and by notice in writing to a Consultant, terminate the authorisation to operate as a Consultant, or de-sponsor the Consultant from his Business Group, if one or more of the following occurs:
If, in ANABATIK's opinion, the Consultant provided false information in his Consultant Application.
If the Consultant makes a serious misrepresentation of ANABATIK or the ANABATIK business which, in ANABATIK's opinion, is not likely to be satisfactorily remedied by corrective actions;
if the Consultant breaches any of these Rules of Conduct and fails to rectify such breach within the time period specified by ANABATIK its written notice to the Consultant;
22.1.4 If the Consultant commits repeated breaches of any of these Rules of Conduct;
22.1.5 If the Consultant (or, if the business comprises two or more individuals, any of those persons) is convicted of an offence punishable by a prison term;
22.1.6 if the consultant (or, if the business comprises two or more individuals, any of those persons) is suspended or disbarred from practicing his usual trade or profession by any association, institute or professional society;
22.1.7 If the Consultant becomes the subject of bankruptcy or winding-up proceedings;
22.1.8 In the event that a Consultant dies without either an executor or an heir appointed by the executor who wishes to assume responsibility for continuing the deceased's business.
22.1.9 In the event that a Consultant is incapable of managing his affairs by reason of mental condition.
22.1.10 If the Consultant commits a breach of terms and conditions of availing of any value added service including any payment thereof and / of fails to make payment of any products / services provided by ANABATIK.
22.2 The decision of ANABATIK regarding termination or de- sponsoring of a Consultant shall be final and binding on the Consultant.
22.3 Termination of a Consultant means termination of:
• All rights as an ANABATIK Consultant.
• All income and benefits of the sales and marketing plan being generated after the date of termination
Termination of the Consultants authorisation to operate as an ANABATIK Consultant means the termination of all rights derived from said authorisation, and in conjunction therewith, the right to receive any further income from or generated by such business arising or accruing after the date of termination
22.4 The Process of Termination or De-sponsorship,
The Consultant, whose authorisation is to be cancelled who is to be de-sponsored, shall be given written notice of ANABATIK's decision by Registered Mail. In addition to complying with the laws of India pertaining to such termination or De-sponsorship, the notice of termination, cancellation, or De-sponsorship shall:
1. 22.4.1 Be mailed to the last mailing address of such parties as shown in ANABATIK's records;
2. 22.4.2 If applicable, state the Rule(s) violated by the Consultant;
3. 22.4.3 State the date on which any such action shall become effective, and
4. 22.4.4 If applicable, advise the Consultant of his opportunity to appeal ANABATIK's decision to a Review.
22.5 In the event that ANABATIK terminates a Consultant's business or that a Consultant is de-sponsored of his Business Group by ANABATIK pursuant to these Rules of Conduct, the Consultant will have no claim against ANABATIK arising out of or in respect of the termination or De-sponsorship.23. Termination, De-sponsorship or Suspension by ANABATIK without Formal Complaint
23.1 ANABATIK may initiate termination, De-sponsorship, or suspension of a Consultant's business even in the absence of a formal complaint, ANABATIK shall not, however, take action against the Consultant until ANABATIK has first offered the violating Consultant an opportunity to explain and/or justify his conduct..
Where the violation has been of such magnitude as to bring into serious question the right of such Consultant to continue to operate his business, ANABATIK may terminate without affording the Consultant the opportunity to rectify his past improper conduct.
The Consultant shall have the right to request a review of the decision by ANABATIKDisposition of Terminated, De-sponsored, or Non-Renewed Businesses
In the event that ANABATIK determines that it is necessary to terminate, do leaving heirs who will assume the operation of the Distributorship, the dispry,- ANABATIK in its sole discretion. In exercising its prerogative to determine the following methods:
Sale/Assignment of Business If ANABATIK elects to sell/assign the business, and other applicable laws and regulations, the following will be observed
Dissolution of Business. If ANABATIK so elects, the business will merge with the business e;:0-1 qualified sponsor Introducer in the Line of Sponsorship.
No Limitation on ANABATIK:
ANABATIK, however, is in no way limited to any of the above methods of disposition of a business and may exercise complete discretion methods and/or timing of disposition.25. Reviews by ANABATIK
Suspension of Authorization Until Decision is Made:
In the event that a Consultant makes use of his right to appeal to the Review Panel, the decision taken by ANABATIK may suspended until review has taken place and a final decision has been taken by the Review Panel, During this period of suspension:
The Consultant is not allowed to conduct any ANABATIK related activity,
The Consultant shall not represent himself as an ANABATIK Consultant,
Payment of any discounts, Commissions or other monies payable to the business are computed but are held in escrow by ANABATIK.
25.14 whether the monthly Business Volume of the business is to be counted towards qualification for senior executive director and above, one-time cash awards , Car fund, house fund, travel fund and Muthuramlingam Eswaran Bonus Fund plus any other incentive will be determined by ANABATIK based on the recommendation of the review panel. Recognition at all levels may be withheld by ANABATIK at its discretion,
2 1 5 The Consultant will not be invited to attend any seminars, company sponsored trip within India and Abroad, events, tralning, which may be held during this period, even though they may have qualified for such business seminars prior to the period of suspension.
All references of the Consultant in print and media of any kind will be removed until the decision of the suspension is taken.
In the event the decision of the Review Panel is rendered in favour of the Consultant, ANABATIK shall restore full rights and privileges and pay the balance of monies previously held in escrow to the Consultant. Any administrative costs incurred by ANABATIK during these proceedings may be calculated and deducted from the money which were held.
in the event of any other decision taken by the Review Panel, ANABATIK shall decide what will happen with the monies held in escrow,
Procedure for Filing an Appeal for Review: The request for review must be in writing and may be accompanied by any documents supporting this request. The request must be led within the time period specified in the decision letter and into be addressed to the Proprietor, ANABATIK ENTERPRISES, G N Flats, F3, First Floor, 7/8, Periyarpathai, Choolaimedu, Chennai India, If the request is led after the time limit, the request will be denied and the Consultant will be notified that his request has been dismissed.
28 Membership of Panel:
The Review Panel shall consist of appropriate personnel from the corporate staff of ANABATIK Limited as may be determined at that time by the company,
29. Review Panel Members Are Not Arbitrators:
The Review Panel provides an internal procedure for the review of decision as to the termination, non-renewal, De-sponsorship or suspension of a Consultant. Members of the Review Panel do not, however, act as arbitrators. If the Consultant initiates litigation prior to the hearing by the Review Panel, the hearing shall be cancelled and the opportunity for review withdrawn by ANABATIK.
30. Procedures for Review by Panel:
30.1 The parties may offer evidence and produce additional evidence Businessly or as the Panel requests. The Review Panel shall be the judge of the relevancy and materiality of the evidence offered. Strict conformity to legal rules of evidence will not be necessary.
30.2 Final Determination by the Review Panel:
30.3 The determination of the Review Panel will be communicated to all parties.
30.4 The Review Panel may affirm, reverse or modify the decision of ANABATIK.
30.5 If the determination of the Review Panel upholds or calls for termination of a Consultant, such termination will be confirmed by ANABATIK Limited notifying the Consultant that either:
'I. The termination of his business has been confirmed as effective from the date of termination previously notified to the Consultant by ANABATIK or His or her business has been terminated by the Review Panel in which event the business shall be deemed to have been terminated by ANABATIK upon and by virtue of set-vice of notice of the Review Panel's decision upon the terminated Consultant.
30.6 In the event that the Review Panel decides upon corrective action other than termination, then:
1. Notification of corrective action shall be communicated directly by ANABATIK Limited to the offending Consultant by letter sent by Registered Mail, with either the date for completion of any action by the Consultant or the dates(s) on which any action shall be taken by ANABATIK.
2. ANABATIK will take such steps as may be necessary to implement the Review Panel's decision.
30.7 The decision of the Review Panel shall not give rise to any liability'' the part of ANABATIK Limited or ANABATIK to the Consultant, including but not limited to loss of profits or goodwill.
30.8 Dispute Resolution: Any dispute, differences or claim arising out of with the Consultant Agreement shall be submitted to binding arbitration and shall be referred to the sole Arbitrator appointee shall be with the rules and regulation of India. The venue of such arbitration shall be at Chennai and the award of the Arbitrator shall be fir and binding on all parties. Subject to the above, courts at New Delhi shall alone have jurisdiction in relation to the Consultant Agreement and matters connected thereto. These guidelines are subject to change from time to time. Failure to comply with the rules of conduct and these guidelines may result in action against your Business ANABATIK business.