13 February 2020 Dear Ms. Tina Unnikrishnan, We are pleased to offer you the position of Executive – Marketing Officer (Digital Marketing) in level E1 in Desirable Retail Pvt Ltd our Organization effective from 13th Feb 2020. Your salary structure will be discussed with you in person based on your experience skill. Since it is under contract basis and the incentive structure may vary based on the company’s growth or based on your performance. We are ready to hike the percentage of commission if we find the improvement in your performance. Your appointment will be governed by the following terms and conditions: You will be on probation for a period of 6 months from the date of your joining. Based on the assessment of your performance in these 6 months, and on satisfactory completion of your probationary period you will be confirmed as an employee of the Company. Your probationary period may be extended at the sole discretion of the Company should your performance not meet with the expectations or the goals set for you. You will abide by all the rules and regulations of the Company which are in force from time to time and the Company shall have the right to vary or modify any or all of the above terms and conditions which shall be binding on you. Your initial work place will be Work From Home. It is your responsibility to notify the Company of any changes in your personal information within 3 working days. All notices shall be considered duly and properly delivered to the address on file with the Company. You confirm that there is no litigation/conviction against you before any court of law which involves any criminal offence or offence involving moral turpitude. You will be required to maintain high standards of personal conduct and integrity and keep yourself informed and compliant about Company policies. You shall not during your said employment or at any time thereafter divulge or disclose to any person whomsoever or make any use whatsoever for your own purpose or for any purpose other than that of the Company any information or material pertaining to the Company. Desirable Retail Private Limited Ambalur, Vellore 635801
You will be required to undertake travel on Company work and you will be reimbursed travel expenses for this as per Company rules, In case of required. During your service with the Company, you are expected to devote your whole time and attention to the Company's affairs and refrain from directly or indirectly engaging in any other business. Your performance will be evaluated periodically by your supervisors as per the Company appraisal system. In case you do not work for a continuous period of 1 month without information and or prior approval of your supervisor, the Company can forthwith terminate your services without notice or any liability towards any payments to you. As a condition of your employment, you will be required to sign the Company's standard form of Employee Confidentiality, Non-Disclosure and Intellectual Property Assignment Agreement at the time of your joining. The Company retains sole ownership of any and all the intellectual property rights relating to copyrights or anyother rights created pursuant to your employment with the Company and concerning work undertaken while in the employment of the Company. This employment is an 'at will' employment. This contract of employment is terminable by either party giving 2 months’ prior written notice for no cause. The Company, can terminate your employment without notice or any payment in lieu thereof on grounds of : - Any information furnished by you in your application for employment or during the selection process is found at any time during your employment to be misleading, incorrect or false, and/or - Your suppression of any material information regarding your qualifications and experience, - Breach of policy or misconduct by you, - Your performance found to be unsatisfactory. This agreement cannot be assigned to any third party by the employee. This agreement will be governed by the laws of India. All disputes arising pursuant to this Agreement will be resolved in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The venue for arbitration shall be Bangalore and shall be conducted in English language. The Parties submit themselves to the exclusive jurisdiction of the Courts of Bangalore. Terms of this offer letter shall be kept strictly confidential. I am extremely proud of the team at the Company and the caliber of people like you who are joining us. You are the engine of value creation and competitive advantage for the Company, and you have what it takes to make it happen. Desirable Retail Private Limited Ambalur, vellore, 635801
I look forward to working with you as we build together a successful company. Thank you for joining us, and I wish you all the best as you enter a world of opportunity and progress at Desirable Retail Pvt. Ltd. Yours sincerely, For Desirable Retail Private Limited Sandhya Devi Chief Executive Officer Please indicate your acceptance of the terms by signing and returning the duplicate copy. Name ……………………… Date …………………………. Signature ……………………… Desirable Retail Private Limited Ambalur, Vellore 635801
ANNEXURE I List of documents that you need to be submitted for our records. a) Proof of date of birth. b) Proof of current address c) PAN Card d) Latest photograph e) Bank details/Googlepay number/Paytm details EMPLOYEE NON-DISCLOSURE AGREEMENT This agreement (the \"Agreement\") is entered into by Desirable Retail Private Limited (\"Company\") and Tina Unnikrishnan (\"Employee\"). Company’s Trade Secrets: In the performance of Employee's job duties with Company, Employee will be exposed to Company's or its clients’ Confidential Information. \"Confidential Information\" means information or material that is commercially valuable to Company and not generally known or readily ascertainable in the industry. This includes, but is not limited to: a. technical information concerning Company's/its Clients’ products and services, including product know-how, formulas, designs, devices, diagrams, software code, test results, processes, inventions, research projects and product development, technical memoranda and correspondence; b. information concerning Company's/its Clients’ business, including cost information, profits, sales information, accounting and unpublished financial information, business plans, markets and marketing methods, customer lists and customer information, purchasing techniques, supplier lists and supplier information and advertising strategies; c. information concerning Company's/its Clients’ employees, including salaries, strengths, weaknesses and skills; d. information submitted by Company's/ its Clients’ customers, suppliers, employees, consultants or co-venture partners with Company for study, evaluation or use; and e. any other information not generally known to the public which, if misused or disclosed, could reasonably be expected to adversely affect Company's/ its Clients’ business. Nondisclosure of Trade Secrets: Employee shall keep Company's/ its Clients’ Confidential Information, whether or not prepared or developed by Employee, in the strictest confidence. Employee will not disclose such information to anyone outside Company without Company's/ its Clients’ prior written consent. Nor will Employee make use Desirable Retail Private Limited Ambalur, vellore, 635801
of any Confidential Information for Employee's own purposes or the benefit of anyone other than Company. Non-Compete: On termination of this employment, with the company, the employee agrees not to compete with Desirable Retail Pvt. Ltd. for a period of 5 year within India. Competition means owning or working for a business of sales of similar category of products through the online/offline medium. Return of materials: When Employee's employment with Company ends, for whatever reason, Employee will promptly deliver to Company all originals and copies of all documents, records, software programs, media and other materials containing any Confidential Information. Employee will also return to Company all equipment, files, software programs and other personal property belonging to Company/ it’s Clients and sign a form declaring the return of the materials. Confidentiality obligation Survives Employment: Employee's obligation to maintain the confidentiality and security of Confidential Information remains even after Employee's employment with Company ends and continues for so long as such Confidential Information remains a trade secret. The employee not only agrees not to disclose the company’s customer lists, trade secrets, and all other confidential information but also agrees to take reasonable care to prevent accidental disclosure of the same after termination of this employment General Provisions: (a) Relationships: Nothing contained in this Agreement shall be deemed to make Employee a partner or joint venturer of Company for any purpose. (b) Severability: If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to effect the intent of Company and Employee. (c) Integration: This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations and understandings. This Agreement may not be amended except in a writing signed by both Company and Employee. (d) Waiver: The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights. (e) Injunctive Relief: Any misappropriation of any of the Confidential Information in violation of this Agreement may cause Company/ its Clients’ irreparable harm, the amount of which may be difficult to ascertain, and therefore Employee agrees that Company shall have the right to apply to a court of competent jurisdiction for an order enjoining any such further misappropriation and for such other relief as Company deems appropriate. This right is to be in addition to the remedies otherwise available to Company. (f) Indemnity: Employee agrees to indemnify Company against any and all losses, damages, claims or expenses incurred or suffered by Company as a result of Employee's breach of this Agreement. Desirable Retail Private Limited Ambalur, Vellore 635801
(g) Attorney Fees and Expenses: In a dispute arising out of or related to this Agreement, the prevailing party shall have the right to collect from the other party its reasonable attorney fees and costs and necessary expenditures. (h) Governing Law and Jurisdiction. This Agreement shall be governed for all purposes by the Laws of India and to the exclusive Jurisdiction of Courts in Bangalore. (i) Successors & Assigns. This Agreement shall bind each party's heirs, successors and assigns. Company may assign this Agreement to any party at any time. Employee shall not assign any of his or her rights or obligations under this Agreement without Company's prior written consent. Any assignment or transfer in violation of this section shall be void. Signatures. Employee has carefully read all of this Agreement and agrees that all of the restrictions set forth are fair and reasonably required to protect Company's/ it’s Clients’ interests. Employee: Name: Signature: Date: Desirable Retail Private Limited Ambalur, vellore, 635801
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