AFFILIATE TERMS& CONDITIONS
BEAUTY SOCIETY ADVISOR AFFILIATE AGREEMENT WITH TERMS AND CONDITIONS
This Agreement is made between Beauty Society, Inc. (“Beauty Society”), with a principal place of business in NEVADA and an independent Beauty Society Advisor Affiliate, (“BSA Affiliate”). Beauty Society is in the business of selling skincare products, cosmetics, haircare, and beauty accessories. Beauty Society agrees to provide products for sale on our website (www.beautysociety.com) that customers and affiliates can purchase under the terms and conditions of this agreement. Beauty Society reserves the right to cancel this agreement within fifteen (15) business days from the date of the agreement.
BSA Affiliate AGREES; BSA Affiliate enters into this agreement and will remain throughout the term of the agreement, as an independent affiliate:
- To conduct “Online Sales” and “Retail Sales” and pay a MONTHLY ACTIVE ADVISOR subscription fee of $9.99 per month to remain Active. BSA Affiliate must be “Active” in order to receive any affiliate compensation in a calendar month.
2. BSA Affiliate represents that she/he is able to fulfill the requirements of this agreement.
3. BSA Affiliates must wait 180 days before rejoining the BSA Affiliate program upon resignation or cancellation. BSA Affiliates cannot be moved from the position they join in the AFFILIATE program.
4. All orders will be submitted with a full payment. Every order is subject to acceptance by Beauty Society.
5. BSA Affiliate agrees that she/he is not an employee, partner, agent, or principal of Beauty Society while this agreement is in effect. BSA Affiliate agrees she/he is not entitled to the rights or benefits afforded to Beauty Society’s employees, including disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, or any other employment benefit. BSA Affiliate is responsible for providing, at their own expense, disability, unemployment, and other insurance, workers’ compensation, training, permits, and licenses for themselves and for their employees and subcontractors. BSA Affiliate is responsible for paying when due all income taxes, including estimated taxes, incurred because of the compensation paid by Beauty Society to BSA Affiliate for services under this agreement. Upon request, BSA Affiliate will provide Beauty Society with proof of timely payment. BSA Affiliate agrees to indemnify Beauty Society for any claims, costs, losses, fees, penalties, interest, or damages resulting from BSA Affiliate’s failure to comply with this provision.
6. BSA Affiliate is not authorized to and will not incur any debt, expense, or any obligation on behalf of Beauty Society other than under the terms of this Agreement. BSA Affiliate agrees to use only products and materials created, published, designed, and developed by Beauty Society and not from any other source.
7. BSA Affiliate agrees to devote all reasonable efforts to ensure performance of this Independent BSA Affiliate Application/Agreement. BSA Affiliate may perform the services under this agreement at any suitable time and location she/he chooses other than a retail store.
8. All proprietary trademarks, copyrights, logo’s, customer lists, product information, product formulas, company operating documents, financial documents and promotional material are property of Beauty Society. Independent BSA Affiliate under the terms of this agreement shall not disclose this information except under the terms and conditions of this agreement.
9. BSA Affiliate acknowledges that Beauty Society is a direct to consumer sales company and pays BSA Affiliate commission on their consumer sales. There is no requirement to recruit BSA Affiliates or manage or build a team to earn commissions. BSA Affiliate acknowledges Beauty Society is not a multilevel/pyramid company.
10. Beauty Society products cannot be resold through any online platform or third party vendor websites (online sales must be made exclusively through BSA Affiliate websites). This includes but is not limited to eBay, Amazon, Facebook Marketplace, Poshmark, PayPal, Etsy, etc. Failure to follow this policy will result in immediate termination of BSA Affiliate website and forfeiture off all customers and commissions.
11. Any BSA Affiliate at “Leadership Level” (Premier BSA Affiliate and higher) with Beauty Society cannot be an affiliate with any other skincare or cosmetic company, without written consent.
12. BSA Affiliate must represent themselves and the Company with integrity. This includes vulgar language and hate speech.
13. Neither this agreement nor any duties or obligations under this agreement may be assigned by BSA Affiliate without the prior written consent of Beauty Society, Inc.
14. Beauty Society reserves the right to change its training, commission requirements, commissions, product prices, discounts and business materials at any time.
15. BSA Affiliates must comply with this agreement and the POLICIES Beauty Society has in place to qualify for any BSA Affiliate compensation.
16. BSA Affiliate agrees to represent Beauty Society in a truthful, honest and responsible manner.
17. Independent BSA Affiliate agrees to abide by the Beauty Society refund policy as set forth on the Beauty Society website.
18. Unless otherwise terminated as provided in this agreement, this agreement will continue in effect for a period of one (1) year, with automatic yearly renewal on the anniversary date of this agreement subject to review.
19. Notwithstanding any other provision of this agreement, the BSA Affiliate or Beauty Society may terminate this agreement at any time. If a BSA Affiliate terminates this agreement they must wait 6 months before becoming a BSA Affiliate again.
20. If BSA Affiliate defaults in the performance of this agreement or materially breaches any of its provisions, Beauty Society may terminate this agreement by giving written notification to the BSA Affiliate. Termination will take effect immediately on receipt of notice from Beauty Society or five days after mailing of the notice, whichever occurs first.
21. Beauty Society Confidential Information. “Confidential Information” means any information provided by Beauty Society or prepared by Beauty Society (either oral, written, or digital) upon review of such information, technical data, or know-how provided to BSA Affiliate by Beauty Society (including any director, officer, employee, agent, or BSA Affiliate of the other) or obtained by BSA Affiliate from Beauty Society (including any director, officer, employee, agent, or representative of the other) including but not limited to, that which relates to research, product plans, products, services, customers, markets, database software, developments, inventions, processes, designs, drawings, manufacturing, product formula information, marketing or finances of Beauty Society. BSA Affiliate shall not disclose Confidential Information to a third party that was not expressly approved in writing by the President of Beauty Society.
22. Return of Materials. Any materials or documents which have been furnished by Beauty Society to the BSA Affiliate in connection with this agreement will be promptly returned to Beauty Society, within ten (10) days after (i) the agreement has been terminated or (ii) the written request of Beauty Society.
23. Governing Law. This agreement will be governed by and construed in accordance with the laws of the State of Nevada. BSA Affiliate agrees that this agreement is governed by the laws of the State of Nevada and any legal action concerning this agreement shall be brought in the state and federal courts located in Carson City, Nevada.
24. If any legal action, including an action for declaratory relief, is brought to enforce or interpret the provisions of this agreement, the prevailing party will be entitled to reasonable attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
25. If the BSA Affiliate dies or becomes permanently incapacitated and unable to fulfill the terms and conditions of this agreement, any amounts of money or commissions due to the BSA Affiliate from Beauty Society under this agreement as of the date of death or incapacitation will be delivered to the BSA Affiliate’s executors, administrators, heirs, personal representatives, successors, agents, and assigns. BSA Affiliate’s executors, administrators, heirs, personal representatives, successors, agents, and assigns agree to continue the terms and conditions of this agreement.
26. That all rights, powers and remedies given by Beauty Society are cumulative, not exclusive and in addition to any and all other rights and remedies provided by law. BSA Affiliate agrees that the remedy at law from any breach of any provision of this agreement shall be inadequate and that in addition to any other remedies it may have, Beauty Society shall have the right to offset any amounts owed to BSA Affiliate by Beauty Society without limitation the repayment of commissions as a result of product returns against the amount of any commission or bonuses owed by Beauty Society to BSA Affiliate.
27. MONTHLY ACTIVE BSA AFFILIATE Fee. $9.99 monthly subscription fee charged on the 1st of every month. The MONTHLY BSA AFFILIATE Fee is waived for the first 3-months with Beauty Society. This MONTHLY BSA AFFILIATE Fee keeps you active and in good standing within the Beauty Society Advisor Affiliate program.
28. BSA Affiliate Kits can be returned for up to 30 days. Only unused products will be eligible for a return. Return amount will be based on the amount of unused products returned.
SECTION 1 – BSA AFFILIATES POLICIES AND PROCEDURES
These policies and procedures (including the compensation plan) in their present form and as amended from time to time at the sole discretion of Beauty Society Inc. (these policies and procedures) are incorporated into and form an integral part of the BSA Affiliate procedures, where the term “BEAUTY SOCIETY AFFILIATE AGREEMENT” is used, it refers to the legally binding agreements between BEAUTY SOCIETY and each BSA AFFILIATE consisting of (i) a properly completed and submitted BSA AFFILIATE application that has been accepted by BEAUTY SOCIETY (ii) these policies and procedures that are incorporated into and form an integral part of the BSA AFFILIATE agreement, and if applicable; (iii) it is the responsibility of each BSA AFFILIATE to read, understand, and adhere to and ensure that he/she is aware of and operating under the most current version of these policies and procedures. When Affiliate Team Leader is a potential BSA AFFILIATE, it is the responsibility and duty to provide access to the most current version of these policies and procedures (including the compensation plan) to the new applicant prior to BSA AFFILIATE submission of the new BSA AFFILIATE application.
BEAUTY SOCIETY may at ANY TIME amend these policies and procedures. Notice of any substantive proposed changes will be provided in the weekly newsletter- “Beauty Society Advisors In The Know” and other widely circulated Beauty Society publications. The amended policies and procedures will become effective immediately, at which time they will be posted in the Beauty Society back office section of your Beauty Society Advisor Affiliate website. BSA Affiliates are responsible for reading the weekly newsletter “Beauty Society Advisors In The Know” and other corporate publications for pending revisions to the policies and procedures. Continued participation in the BEAUTY SOCIETY ADVISOR AFFILIATE Program (see SECTION 4) following the effective date of the amended policies and procedures constitutes acceptance of any changes or additions.
SECTION 2 – APPLYING TO BECOME A BEAUTY SOCIETY ADVISOR AFFILIATE
- To become an Beauty Society Advisor Affiliate, one must:
-Be 18 years or older;
-Be a legal resident of the United States, the District of Columbia, Puerto Rico, or Guam;
-Have a valid Social Security number;
-Not be in jail or prison or otherwise confined to a correctional institution;
-Complete and agree to the Terms and Conditions of the Beauty Society Advisor Affiliate agreement and submit online application, that is accepted by Beauty Society;
-Have a valid email, credit card, and way of communication;
- Independent contractor status:
BEAUTY SOCIETY ADVISOR AFFILIATES (“BSA Affiliates”) are self-employed, non-exclusive independent contractors who are authorized to market and sell Beauty Society products in all 50 states, the District of Columbia, Puerto Rico, and Guam. BSA Affiliates are not, and shall not present themselves to be employees, or agents of the BEAUTY SOCIETY purchasers of a franchise or a business opportunity. Any agreement between BEAUTY SOCIETY and a BSA Affiliate does not create an employee/employer relationship, agency, partnership or joint venture between BEAUTY SOCIETY and such BSA Affiliate. BSA Affiliates shall not be treated as employees of BEAUTY SOCIETY for any purpose including, and without limitation, for federal, state, or local tax purposes. BSA Affiliates have no authority (express or implied), and shall not represent that they have any authority to bind BEAUTY SOCIETY to any obligation. BSA Affiliates shall establish their own goals, hours, place of business and methods of sale so long as they comply with their “BEAUTY SOCIETY ADVISOR AFFILIATE AGREEMENT”. BSA Affiliates are solely responsible for all decisions made at all costs incurred with respect to their efforts to sell products through their Beauty Society Advisor Affiliate website to their network. There is no guarantee that there is or will be a market for BEAUTY SOCIETY skincare and cosmetics or any other future products; or that BSA Affiliates will earn or will not lose money.
SECTION 3 – BEAUTY SOCIETY ADVISOR AFFILIATE BENEFITS
Once an applicant has become an BSA Affiliate as described above, the BSA Affiliate is able to participate in and take advantage of the program’s benefits . These benefits include the ability of the BSA Affiliate to:
-purchase Beauty Society products at wholesale cost (BSA AFFILIATE DISCOUNT);
-sell Beauty Society products as described herein;
-participate in the BSA Affiliate compensation program (receiving commission payouts and performance bonuses if eligible);
-receive periodic Beauty Society literature and other Beauty Society communications; and
-participate in Beauty Society Advisor Affiliate Team Leader support, services, training, motivational, promotional, incentive and recognition programs for affiliates, upon payment of appropriate charges if applicable.
SECTION 4 – BEAUTY SOCIETY ADVISOR AFFILIATE REQUIREMENTS AND RESTRICTIONS
- BSA Affiliate active monthly subscription in Good Standing
An applicant becomes an BSA Affiliate when his/her BSA Affiliate application is accepted by Beauty Society and a BSA Affiliate remains an BSA Affiliate in the program by (I) renewing his/her BSA Affiliate agreement with each monthly ACTIVE BSA AFFILIATE MAINTENANCE FEE of $9.99 acceptance of such renewal by BEAUTY SOCIETY (ii) complying with the requirements of the “BSA AFFILIATE AGREEMENT”.
BEAUTY SOCIETY reserves the right to accept or reject any BSA Affiliate application for any reason in its sole discretion. Without limiting the generality of the foregoing, BEAUTY SOCIETY reserves the right to reject any BSA Affiliate application if BEAUTY SOCIETY determines in its sole discretion that its acceptance of an BSA Affiliate application would result in any actual or potential conflict of interest or that would call into question the independence of an BSA Affiliate.
3. BSA Affiliate Info
Each BSA Affiliate is responsible for keeping his/her BSA Affiliate info up to date and current, accurate information. It is particularly important that an BSA Affiliate provides BEAUTY SOCIETY with his/her current email address, since e-mail is one of the primary ways BEAUTY SOCIETY communicates with the BSA Affiliates.
4. Ethical Marketing
BSA Affiliates shall safeguard and promote the good of the reputation of BSA Affiliates shall at all times conduct their business in a manner that reflects favorably on the BEAUTY SOCIETY products, good name, goodwill, and reputation of BEAUTY SOCIETY. BSA Affiliates shall not engage in deceptive, misleading, or unethical conduct or practices that are or might be detrimental to BEAUTY SOCIETY, the products, or the pubic, including, without limitation, disparagement of BEAUTY SOCIETY or the BEAUTY SOCIETY products. BSA Affiliates shall comply with all laws, rules, regulations, and governmental requirements applicable to the operation of their business and performance under this agreement, including the marketing, promotion and sale of the BEAUTY SOCIETY products. In addition, BSA Affiliates shall: (i) not publish or use anything misleading or deceptive advertising material regarding the BEAUTY SOCIETY products or the program; (ii) honor the customer satisfaction guarantee with respect to all BEAUTY SOCIETY products and the BEAUTY SOCIETY program.
BEAUTY SOCIETY welcomes constructive input regarding the program and products, but publicly communicated negative comments and remarks by BSA Affiliates about BEAUTY SOCIETY, the products; the program or other BSA Affiliate serve no purpose other than to undermine the enthusiasm of other BEAUTY SOCIETY BSA Affiliates. For this reason, and to set the proper example for each BSA Affiliates network, BSA Affiliates must not disparage BEAUTY SOCIETY (or any of its employees, officers, or directors), the BEAUTY SOCIETY products, the program or other BSA Affiliates. The disparagement of BEAUTY SOCIETY (or any of its employees, officers, or directors), the BEAUTY SOCIETY products, the program or other BSA Affiliates shall constitute a material breach of the “BEAUTY SOCIETY ADVISOR AFFILIATE AGREEMENT”
6. BSA Affiliates who become aware that another BSA Affiliate has violated the “BEAUTY SOCIETY ADVISOR AFFILIATE AGREEMENT” should promptly notify the BEAUTY SOCIETY corporate offices. Details of the incident (such as dates, number of occurrences, and persons involved) and any supporting documentation should be included about the BSA Affiliate to the extent available. Please direct all violations to email@example.com
7. Confidential Information, Non- Solicitation and Competitive Businesses:
A BSA Affiliate shall not disclose to any third party the Confidential Information. A BSA Affiliate shall use the same degree of care to protect confidential information that he/she uses to protect his/her own sensitive proprietary information. A BSA Affiliate shall use the confidential information only for performing his/her obligations or exercising rights under his/her “BEAUTY SOCIETY ADVISOR AFFILIATE AGREEMENT”. A BSA Affiliate shall limit access to confidential information to only those persons who have a legitimate need to know such information in the performance of BSA Affiliates rights and obligations under his/her “BEAUTY SOCIETY ADVISOR AFFILIATE AGREEMENT”. A BSA Affiliate shall be responsible for his/her acts and omissions of his/her respective employees, contractors, and agents with respect to such confidentiality obligations.
In order to avoid disruption to BEAUTY SOCIETY business, each BSA Affiliate further agrees that, during the term of her or his “BEAUTY SOCIETY ADVISOR AFFILIATE AGREEMENT” and for a period of two years following the termination of the “BEAUTY SOCIETY ADVISOR AFFILIATE AGREEMENT”, the BSA Affiliate shall not:
(I) Directly or indirectly, solicit business from any BEAUTY SOCIETY customer of BEAUTY SOCIETY unless the BSA Affiliate can prove by a correspondence of the evidence that the solicitation was done without the use of the confidential information;
(II) Directly or indirectly, solicit for employment, or solicit for engagement as an BSA Affiliate or independent contractor, any person employed by BEAUTY SOCIETY or any BEAUTY SOCIETY independent BSA Affiliate, where, in either case, such person was employed by BEAUTY SOCIETY or an independent BSA Affiliate at any time prior to the termination of the BSA Affiliates “BEAUTY SOCIETY ADVISOR AFFILIATE AGREEMENT”
(III) Use any aspect of the program to promote, market, or sell the products, services, or programs offered by any of the competitive business or to market or sell BEAUTY SOCIETY products together with the products or services of any competitive business during the term of this agreement. A business, program or activity is “competitive” if it involves or is related to the direct sale of products or services by Independent BSA Affiliates.
Each BSA Affiliate further agrees that the provisions contained in this section are reasonable and necessary to protect the legitimate interests of BEAUTY SOCIETY and the BEAUTY SOCIETY would not have accepted the BSA Affiliates application. BSA Affiliate agrees that breach or absence of the BSA Affiliate agreement to these provisions would cause irreparable harm and significant injury, the amount of which would be extremely difficult to estimate and ascertain and thus making any remedy at law or in damages inadequate. The rights granted to BEAUTY SOCIETY in this section are in addition to any other remedy available to law or in equality.
SECTION 5 – AFFILIATE TEAM LEADING AND TRAINING
BSA Affiliates may be appointed as Affiliate Team Leaders to other to BSA Affiliates within the 50 states, the District of Columbia, Puerto Rico, and Guam. BSA Affiliates can earn commissions and commission bonuses in the program based on the sale of BEAUTY SOCIETY products, not merely from Affiliate Team Leaders and other BSA Affiliates.
Responsibilities of Affiliate Team Leader
BSA Affiliates must always present Beauty Society products and programs in a manner that complies with the “BEAUTY SOCIETY ADVISOR AFFILIATE AGREEMENT”. In addition, Affiliate Team Leaders are responsible for assisting, training, and supporting their BSA Affiliate network.
Affiliate Team Leaders must:
-Provide assistance in properly training sales techniques to their BSA Affiliates.
-Train and communicate to their BSA Affiliates to ensure that they do not make improper product or business claims, engage in illegal or inappropriate conduct or otherwise violate the “BEAUTY SOCIETY ADVISOR AFFILIATE AGREEMENT”.
-Assist, motivate, and train them by having ongoing contact and communication, which may include the use of newsletters, team meetings, video conferencing, phone calls, training sessions and training & orientation meetings.
-Support and train BSA Affiliates on all aspects of Beauty Society products and programs.
Social Media and Independent Website
In the event the “BEAUTY SOCIETY ADVISOR AFFILIATE AGREEMENT” is terminated for any reason, the BSA Affiliate is to remove all Beauty Society contact information and representation from ALL social media sites, networking profiles, and internet websites from public view within ten (10) days of their Termination.
*In the event any portion of this revision regarding all sections to the “BEAUTY SOCIETY ADVISOR AFFILIATE AGREEMENT” is found unenforceable, such portion shall be sever able from the remainder of this provision.
Last Updated: March 8, 2021