Direct Sales Agent (DSA) Terms of Use
Effective Date: [10/06/2026]
These Direct Sales Agent Terms and Conditions (“Terms”) constitute a legally binding agreement between Smart Trading N Living (referred to as the “firm”, “We”, “Us”, or “Our”) and you (referred to as the “Agent”, “Direct Sales Agent”, “DSA”, or “You”).
By registering as a Direct Sales Agent on our platform, submitting orders, or promoting our products, you agree to comply with and be bound by these Terms.
1. Appointment and Scope
Non-Exclusive Appointment: The Firm hereby appoints You as a non-exclusive Direct Sales Agent to market, promote, and facilitate the sale of products listed on our platform.
Independent Contractor Status: You explicitly acknowledge and agree that your relationship with the firm is that of an independent contractor. Nothing in this Agreement shall be construed to create an employer-employee relationship, partnership, joint venture, or franchise between You and the Company.
No Authority to Bind: You have no authority to enter into agreements, make representations, or incur liabilities on behalf of the firm.
2. Enrollment and Eligibility
Eligibility: To register as an Agent, you must be of legal age (at least 18 years old) and legally competent to enter into contracts.
Verification: You agree to provide accurate, current, and complete information during registration, including your government-issued identification (e.g., PAN, Aadhaar, or tax registration details) and banking details for payout processing.
3. Sales Process and Pricing
Authorized Products: You are authorized to market only the products listed on the sites portal.
Pricing Adherence: You must present and market products strictly at the Maximum Retail Price (MRP) or authorized selling prices displayed on the firm’s website. You are strictly prohibited from altering prices, offering unauthorized discounts, or bundling products without prior written approval.
Order Placement: All DSA orders must be submitted directly through the firm’s official portal or agent dashboard. The firm reserves the right to accept or reject any order at its sole discretion.
Fulfillment: The firm retains sole control over product pricing, inventory, order processing, shipping, delivery.
4. Commission, Payouts, and Taxes
Commission Structure: You will earn a commission on successful, completed sales generated through your unique agent ID/referral link. The current commission rates are detailed in the DSA portal and are subject to change with prior notice.
Return and Cancellation Deductions: No return or cancellation of the orders placed by DSA. However incase of damaged/faulty products issued from our end will be considered for return only after getting approval from the authority in the firm.
Payout Schedule: Commission payouts will be processed on a Monthly basis, subject to reaching a minimum threshold of ₹1000.
Tax Deductions: Payouts are subject to applicable local taxes. For Agents in India, Tax Deducted at Source (TDS) will be applicable under Section 194H of the Income Tax Act (or any other relevant tax laws), and GST compliance (if registered) is the sole responsibility of the Agent.
5. Code of Conduct and Marketing Guidelines
Truthful Representation: You must represent the products truthfully, using only marketing materials, specifications, and descriptions provided by the firm. You must not make any false, misleading, or exaggerated claims regarding product benefits, composition, materials, or shipping timelines.
Prohibited Channels: You may not sell or display our products on third-party marketplace websites (such as Amazon, Flipkart, Myntra, etc.) under your own name or store entity, unless explicitly permitted in writing.
Non-Disparagement: You agree not to disparage the firm, its products, employees, or other agents in any public forum, social media channel, or communication.
Anti-Spam Policy: You must not engage in spamming, sending unsolicited emails, or using automated systems to target potential customers.
6. Intellectual Property
Limited License: The firm grants you a limited, revocable, non-transferable license to use the firm’s trademarks, brand name, logos, and product images solely for the purpose of promoting the products in accordance with these Terms.
No Ownership Rights: All proprietary designs, trademarks, copy, and product layouts remain the sole property of the firm. You must cease all use of firm branding immediately upon the termination of this Agreement.
7. Confidentiality and Customer Data Privacy
Confidential Information: You may have access to confidential data, including product launch dates, commission structures, training materials, and insider business strategies. You agree to keep all such information strictly confidential.
Customer Data Ownership: All customer information, contact details, and purchase history collected during transactions belong exclusively to the firm. You must not harvest, copy, store, or use customer data for any purpose other than facilitating the specific sale through the firm’s portal, nor can you use this data to pitch rival products.
8. Term and Termination
Termination at Will: Either party may terminate this Agreement at any time, with or without cause, by giving [e.g., 7 or 15] days’ written notice to the other party.
Immediate Termination: The firm reserves the right to terminate your Agent account immediately, without notice, in the event of:
Any breach of these Terms, specifically regarding pricing, spamming, or code of conduct.
Fraudulent activity, misrepresentation, or financial misappropriation.
Activities that harm the brand image or reputation of the firm.
Post-Termination: Upon termination, your right to earn commissions ceases immediately, your agent dashboard access will be deactivated, and you must immediately stop representing yourself as an authorized sales agent of the firm.
9. Indemnification and Limitation of Liability
Indemnification: You agree to indemnify, defend, and hold harmless the firm, its directors, and employees from any claims, losses, damages, or legal costs arising from your breach of this Agreement, unauthorized product claims, or negligence.
10. Governing Law and Dispute Resolution
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of India.
Jurisdiction: Any dispute, controversy, or claim arising out of or relating to this agreement shall be subject to the exclusive jurisdiction of the courts located in Bhubaneswar.