Merchandiser Agreement
The terms that apply when you buy the Merchandiser plan on Vistarkriya
1. Definitions and acceptance
In this agreement, "Company" means VistarKriya Marketings Private Limited, which operates Vistarkriya, and "Merchandiser" means the person or business that buys the Merchandiser plan. The Merchandiser accepts this agreement electronically by ticking "I have read and agree" at the time of buying the plan. That acceptance is a binding electronic record and is recorded by the Company with its date, time and version. This agreement is also published on the Company's website.
2. Nature of relationship
The Merchandiser acts as an independent business. The Merchandiser is not an employee of the Company, and nothing in this agreement makes the Merchandiser an employee, agent, partner or representative of the Company. The Company has no obligation to pay the Merchandiser any salary, stipend, fixed amount or benefit of any kind. The Merchandiser's only entitlement is the commission set out in this agreement and the plan purchased. The Merchandiser has no authority to bind the Company, to make any promise or commitment in its name, or to receive money on its behalf.
The Merchandiser acknowledges and confirms that the Merchandiser does not depend on this plan or on any commission for livelihood, and that it is only a source of passive income. It is not the Merchandiser's primary source of income. The Company gives no assurance, promise or guarantee of any minimum income, number of leads or earnings.
3. Other agreements
All other agreements and policies of the Company apply to the Merchandiser in full, whether or not the Merchandiser holds this plan. If there is any conflict, the stricter provision applies.
4. Commission and payment
- The Merchandiser is entitled to commission only as set out in the plan purchased.
- All commission is credited to the Merchandiser's core wallet. It can be withdrawn at any time the Merchandiser chooses.
- Commission is paid after adjustment of all applicable taxes, including TDS and GST, as required by law.
- Commission on a mandate depends on how the Company sets up that mandate, and is paid only on amounts actually received by the Company.
- Commission is earned only on payments actually received and retained by the Company. If the related payment is refunded, charged back, bounced or reversed, or the plan is cancelled, the related commission is reversed.
- The Company may deduct any reversed commission, penalty, compensation or other amount owed by the Merchandiser from the Merchandiser's core wallet. If the balance is not enough, the Merchandiser must pay the shortfall on demand.
- No commission is payable on the Merchandiser's own purchases, on purchases by the Merchandiser's relatives or related entities made to earn commission, or on leads created artificially or falsely. The Company's good-faith decision on this is final.
- An attached tenant stops being attached to the Merchandiser, and the Merchandiser stops earning any recurring commission from that tenant, from the date the tenant becomes a Merchandiser itself or starts a B2B subscription. Recurring commission includes commission on mandate instalments, recoveries, settlements and completed associate requests.
- Commission already earned on the tenant's one-time plan purchase before that date remains with the Merchandiser, because the tenant was attached to the Merchandiser at the time of that purchase.
- When an attached tenant buys a Merchandiser plan or starts a B2B (White Label) subscription, the Merchandiser is paid sales commission on that one-time purchase, on the spot, at the sales rate of the Merchandiser's own plan, calculated on the amount actually paid excluding GST. This is the last commission payable on that tenant.
- A tenant who has been detached in this way is permanently out: it cannot be attached again to the same Merchandiser or to any other Merchandiser.
- When an attached tenant buys the Blogging module, the Merchandiser is paid sales commission once, on the one-time setup fee, on the spot, at the sales rate of the Merchandiser's own plan, calculated on the amount actually paid excluding GST. The tenant remains attached to the Merchandiser.
- No commission is payable on a Merchandiser plan or B2B subscription that is bought through a mandate or in instalments.
- No commission is payable on the Unified Credit Bureau, the Unified Verification Services or PAN card application services (including NPMS), or on any use of them by a tenant attached to the Merchandiser.
5. Leads
- Leads are assigned to the Merchandiser through a sales agent of the Company for a period of 15 days. The Merchandiser must accept each lead on StaqOn.
- If the lead does not buy a subscription plan within 15 days, the lead is removed from the Merchandiser automatically. It may be assigned again on the Merchandiser's request, at the Company's discretion.
- Where a state has more than one Merchandiser, a lead is given on the same basis to the Merchandiser who accepts it first.
- Lead information must be used only for the Company's business purpose and must not be shared or misused.
- The Merchandiser must not sell any product or service of the Merchandiser's own, or of any third party, to a lead assigned by the Company.
- If the Company finds, on a good-faith review, that the Merchandiser has made such a sale, the Company may, at its option, terminate the Merchandiser's ID, or treat the sale as made on the Company's lead and apply its revenue-sharing model to it, so that the Company is entitled to its share of the amount received on that sale. The Company may recover that share by set-off against the core wallet or by demand. These remedies are in addition to the Company's other rights under this agreement.
6. Office setup and genuine information
All information and documents the Merchandiser gives in My Office setup or anywhere else on the platform must be true, accurate and genuine. Giving false, forged or misleading information is a material breach and results in permanent termination of the Merchandiser's ID, without refund and without prejudice to any other action the Company may take.
7. Mandates
Mandate payment is available on the Merchandiser plan, subject to the Company's mandate terms.
8. No refund
The Merchandiser plan is non-refundable under all circumstances, including termination under this agreement.
9. Fair practice
- The Merchandiser is advised to add a note on each assigned lead at least once in every 72 hours. A StaqOn update is also accepted for this purpose.
- Where the Merchandiser leaves many assigned leads without notes or StaqOn updates, the Company may, at its discretion and as part of fair use, stop assigning further leads.
- If the Merchandiser remains inactive for 90 days, the Company may pause the assignment of new leads until activity resumes.
10. Distributor channel
The Merchandiser is advised to join the mandatory distributor channel (₹5,000 + GST). If the Merchandiser leaves the workspace or the channel, the earlier history will not be restored in StaqOn.
11. Conduct, social media, public statements and use of the Company's name
- The Merchandiser must not post, publish, share, forward or say anything false, misleading, defamatory, derogatory or damaging about the Company, its directors, staff, products, services, other Merchandisers, tenants or leads. This applies on every social media platform, video or review site, messaging group, in any public or private forum, and in any conversation with leads, customers or third parties.
- The Merchandiser may use the Company's name and logo only when the Company has authorised it in writing, and only as far as that written authorisation allows. Any other use of the Company's name, logo, brand or trademarks is prohibited.
- The Merchandiser must not misrepresent the Company or its plans, give any guarantee or commitment the Company has not authorised, or claim to be an employee of the Company.
- The Merchandiser must not promise any customer or lead loan approval, returns, discounts, timelines or any outcome that the Company has not confirmed in writing.
- During the term of this agreement, the Merchandiser must not divert leads, tenants or customers of the Company to any competing platform or service.
- The Merchandiser must not collect money from any lead or customer into the Merchandiser's own account or any account other than the Company's designated payment channels.
- Any genuine concern or complaint must be raised directly with the Company through its official support channels.
- Any breach of this clause is a material breach. It will be treated as grounds for immediate termination, and the Merchandiser is also liable to pay the Company a penalty or compensation for the loss and damage caused, including damage to reputation, together with legal costs. The Company may also have the content removed and take any legal action available to it.
12. Termination
- If the Merchandiser's tenant ID is blocked or terminated for any reason, this Merchandiser plan stands terminated at the same time.
- The Company may terminate the Merchandiser's ID immediately and without notice for misbehaviour with the Company or any lead, a wrong commitment, taking money into the Merchandiser's own account, false information, or any other breach of this agreement.
- On termination, the Merchandiser's right to receive further leads ends. Termination does not affect the Company's rights and remedies for earlier breaches.
- On termination, all leads assigned to the Merchandiser return to the Company, the Merchandiser must stop using the Company's name and logo, and the Merchandiser must delete or return all lead and customer data.
- Earned commission that is not subject to reversal or set-off remains in the Merchandiser's core wallet. Commission still subject to reversal or set-off is held until the matter is settled.
13. Customer data and confidentiality
- Lead and customer details are confidential. The Merchandiser may use them only for the Company's work, and must not sell, copy, share or misuse them, or hold them longer than needed.
- The Company's commission structure, pricing, processes, software and internal information are confidential. This duty continues after termination.
14. Account and credentials
- The Merchandiser is responsible for all activity under the Merchandiser's login and tenant account, and must not share login details with any other person.
15. Compliance and taxes
- The Merchandiser must follow all applicable laws, including laws on advertising, privacy, data protection and financial promotion.
- The Merchandiser is responsible for their own income tax and other filings on the commission received.
16. Indemnity
- The Merchandiser will compensate the Company for any claim, loss, penalty or legal cost arising from the Merchandiser's misrepresentation, misconduct or breach of this agreement.
17. Notices
- Notices from the Company, including notice of changes, may be given by publishing on this page, by email, or by StaqOn message to the details on record. A notice is treated as received once sent.
18. Changes to this agreement
The Company may change this agreement or any of its policies. The Company will give 7 days' notice of any change, and the change applies from the date it is published on this page. Continued use of the Merchandiser plan after that date means the Merchandiser accepts the change.
19. Governing law and disputes
This agreement is governed by the laws of India. The Merchandiser must first raise any complaint or dispute with the Company in writing. If it is not resolved within 30 days, it will be referred to a sole arbitrator appointed by the Company, in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration is Dehradun, Uttarakhand, and the language is English. Subject to this, the courts at Dehradun have exclusive jurisdiction. Nothing stops the Company from seeking urgent court relief to protect its name, logo, data or confidential information.
20. General
If any provision of this agreement is held unenforceable, the rest remains in force. This agreement, together with the Company's other agreements and policies, is the entire understanding between the Company and the Merchandiser on this subject.
21. Contact
Questions about this agreement: hello@vistarkriya.com