TERMS AND CONDITIONS
Independent Advisor Agreement with Terms and Conditions
1. To conduct regular “Beauty Society Facial Events” and “Retail Sales” as described in the Online ADVISOR Training Manual, minimum sales of $100 at retail value are required each month to be “Active.” Failure to be “Active” for three consecutive months will result in deactivation. ADVISOR must be “Active” to receive a compensation check in a calendar month.
2. ADVISOR cannot sell or represent any other skin care, cosmetics or hair care line.
3. Any ADVISOR at “Leadership Level” (Prima ADVISOR and higher) with Beauty Society cannot sell or represent any other direct sales or Multi-Level Marketing product or company.
4. Failure to properly mentor (see Section 7) can result in forfeiture of downline.
5. ADVISOR may not promote or sell Beauty Society products in print or visual media, retail locations, trade shows, public displays, shops, or any wholesale or retail outlet without written approval from the President of Beauty Society. Beauty Society reserves the right to request any post, image or statement removed failure to do so will result in termination of this agreement.
6. Only Beauty Society products or business opportunities will be sold at Beauty Society Parties. All orders will be submitted with full payment. Every order is subject to acceptance by Beauty Society.
7. ADVISOR agrees that she/he is not an employee, partner, agent, or principal of Beauty Society while this agreement is in effect. ADVISOR 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. ADVISOR is responsible for providing, at their own expense, disability, unemployment, and other insurance, workers’ compensation, training, permits, and licenses for themselves and their employees and subcontractors. ADVISOR is responsible for paying when due all income taxes, including estimated taxes, incurred as a result of the compensation paid by Beauty Society to ADVISOR for services under this agreement. Upon request, ADVISOR will provide Beauty Society with proof of timely payment. ADVISOR agrees to indemnify Beauty Society for any claims, costs, losses, fees, penalties, interest, or damages resulting from ADVISOR’s failure to comply with this provision.
8. ADVISOR 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. ADVISOR agrees to use only products and materials created, published, designed and developed by Beauty Society and not from any other source.
9. ADVISOR agrees to devote all reasonable efforts to ensure the performance of this Independent ADVISOR Application/Agreement. ADVISOR may perform the services under this agreement at any suitable time and location she/he chooses other than a retail store.
10. All proprietary trademarks, copyrights, logo’s, customer lists, product information, product formula’s, company operating documents, financial documents and promotional material are the property of Beauty Society. Independent ADVISOR under the terms of this agreement shall not disclose this information except under the terms and conditions of this agreement.
11. ADVISOR represents that she/he is able to fulfill the requirements of this agreement.
12. Neither this agreement nor any duties or obligations under this agreement may be assigned by ADVISOR without the prior written consent of Beauty Society, Inc.
13. Beauty Society reserves the right to change its training manual, commission requirements, product prices, discounts and business materials at any time.
14. ADVISOR must comply with this agreement and meet requirements set forth in the Online ADVISOR Training Manual to receive compensation and commissions.
15. ADVISOR agrees to represent Beauty Society in a truthful, honest and responsible manner.
16. Independent ADVISOR agrees to abide by the Beauty Society refund policy as set forth on the Beauty Society website.
17. 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.
18. Notwithstanding any other provision of this agreement, the ADVISOR or Beauty Society may terminate this agreement at any time.
19. If ADVISOR 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 ADVISOR. Termination will take effect immediately on receipt of notice from Beauty Society or five days after mailing of the notice, whichever occurs first.
20. 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 ADVISOR by Beauty Society (including any director, officer, employee, agent, or representative of the other) or obtained by ADVISOR 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. ADVISOR shall not disclose Confidential Information to a third party that was not expressly approved in writing by the President of Beauty Society.
21. Return of Materials. Any materials or documents which have been furnished by Beauty Society to the ADVISOR 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.
22. Governing Law. This agreement will be governed by and construed in accordance with the laws of the State of Nevada. ADVISOR 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.
23. 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.
24. If the ADVISOR dies or becomes permanently incapacitated and unable to fulfill the terms and conditions of this agreement, any moneys or commissions due the ADVISOR from Beauty Society under this agreement as of the date of death or incapacitation will be delivered to the ADVISOR’s executors, administrators, heirs, personal representatives, successors, agents, and assigns. ADVISOR’s executors, administrators, heirs, personal representatives, successors, agents, and assigns agree to continue the terms and conditions of this agreement.
25. 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. ADVISOR 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 ADVISOR 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 ADVISOR.
26. Yearly fee. $59.00 yearly fee charged 12 months from your sign up date. This fee covers your ADVISOR Business and tools related to your business.
27. Business Kits can be returned for up to one year. Only unused product will be eligible for a return. Return amount will be based on the amount of unused products returned.
SECTION 1- THE COMPANY
The Party Plan business model was adopted by the company to allow independent reps the opportunity to market, sell, and distribute skin care and cosmetics directly to the consumer; to provide reps an opportunity to sponsor others to become independent reps and develop “representatives” of their own on behalf of Beauty Society.
SECTION 2 – 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 rep procedures, where the term “ADVISOR AGREEMENT” is used, it refers to the legally binding agreements between BEAUTY SOCIETY and each rep consisting of (i) a properly completed and submitted rep application that has been accepted by BEAUTY SOCIETY (ii) these policies and procedures that are incorporated into and form an integral part of the rep agreement, and if applicable; (iii) it is the responsibility of each rep 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 sponsoring a potential rep, 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 rep submission of the new rep 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- “News from Base Camp” 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. Reps are responsible for reading the weekly newsletter “News from Base Camp” and other corporate publications for pending revisions to the policies and procedures. Continued participation in the program following the effective date of the amended policies and procedures constitutes acceptance of any changes or additions.
SECTION 3 – BECOMING AN ADVISOR
a. To become a rep, 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 submit a current application, or online agreement, that is accepted by Beauty Society
– Have a valid e-mail, credit card, and way of communication
b. Independent contractor status:
Reps 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. Reps are not, and shall not represent themselves to be employees, agents, or representatives of the BEAUTY SOCIETY purchasers of a franchise or a business opportunity. Any agreement between BEAUTY SOCIETY and a rep does not create an employee/employer relationship, agency, partnership or joint venture between BEAUTY SOCIETY and such rep. Reps shall not be treated as employees of BEAUTY SOCIETY for any purpose including, and without limitation, for federal, state, or local tax purposes. Reps have no authority (express or implied), and shall not represent that they have any authority to bind BEAUTY SOCIETY to any obligation. Reps shall establish their own goals, hours, place of business and methods of sale so long as they comply with their “ADVISOR AGREEMENT”. Reps are solely responsible for all decisions made at all costs incurred with respect to their consultantships. 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 rep will earn or will not lose money.
SECTION 4 – ADVISOR BENEFITS
Once an applicant has become a rep as described above, the rep is able to participate in and take advantage of the program’s benefits. These benefits include the ability of the rep to:
– Purchase products at wholesale cost;
– Sell BEAUTY SOCIETY products as described herein;
– Participate in the compensation plan (receiving commissions and performance bonuses if eligible);
– Sponsor other potential reps into the program to build a downline and advance through the various levels under the compensation plan;
– Receive periodic BEAUTY SOCIETY literature and other BEAUTY SOCIETY communications; and
– Participate in BEAUTY SOCIETY sponsored support, services, training, motivational, promotional, incentive and recognition programs for consultants, upon payment of appropriate charges if applicable.
SECTION 5 – ADVISOR REQUIREMENTS AND RESTRICTIONS
a. Advisor Status
An applicant becomes an Advisor when his/her Advisor application is accepted by BEAUTY SOCIETY. An Advisor remains an Advisor in the program by (i) renewing his/her Advisor agreement in accordance with each anniversary date and acceptance of such renewal by BEAUTY SOCIETY (ii) complying with the requirements of the “ADVISOR AGREEMENT”.
BEAUTY SOCIETY reserves the right to accept or reject any Advisor application for any reason in its sole discretion. Without limiting the generality of the foregoing, BEAUTY SOCIETY reserves the right to reject any Advisor application if BEAUTY SOCIETY determines in its sole discretion that its acceptance of an Advisor application would result in any actual or potential conflict of interest or that would call into question the independence of an Advisor.
c. Advisor Info
Each Advisor is responsible for keeping his/her Advisor info up to date and current, accurate information. It is particularly important that an Advisor provides BEAUTY SOCIETY with his/her current e-mail address, since e-mail is one of the primary ways BEAUTY SOCIETY communicates with the Advisor.
d. Ethical Marketing
Reps shall safeguard and promote the good of the reputation of BEAUTY SOCIETY Reps 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. Reps shall not engage in deceptive, misleading, or unethical conduct or practices that are or might be detrimental to BEAUTY SOCIETY, the products, or the public, including, without limitation, disparagement of BEAUTY SOCIETY or the BEAUTY SOCIETY products. Reps 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, an Advisors 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 publically communicated negative comments and remarks by an Advisors about BEAUTY SOCIETY, the products; the program or other an Advisors serve no purpose other than to undermine the enthusiasm of other BEAUTY SOCIETY an Advisors. For this reason, and to set the proper example for each an Advisors downline, an Advisors must not disparage BEAUTY SOCIETY (or any of its employees, officers, or directors), the BEAUTY SOCIETY products, the program or other an Advisors. The disparagement of BEAUTY SOCIETY (or any of its employees, officers ,or directors), the BEAUTY SOCIETY products, the program or other an Advisors shall constitute a material breach of the “ADVISOR AGREEMENT”
f. Reps who become aware that another Advisor has violated a “ADVISOR 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 in the report to the extent available. Please direct all violations to email@example.com
g. Confidential Information, Non- Solicitation and Competitive Businesses:
A Advisor shall not disclose to any third party the Confidential Information. A Advisor shall use the same degree of care to protect confidential information that he/she uses to protect his/her own sensitive proprietary information. A Advisor shall use the confidential information only for the purpose of performing his/her obligations or exercising rights under his/her “ADVISOR AGREEMENT”. A Advisor shall limit access to confidential information to only those persons who have a legitimate need to know such information in the performance of an Advisors rights and obligations under his/her “ADVISOR AGREEMENT”. A Advisor 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 Advisor further agrees that during the term of her or his “ADVISOR AGREEMENT” and for a period of two years following the termination of the “ADVISOR AGREEMENT”, the Advisor shall not:
(I) Directly or indirectly, solicit business from any BEAUTY SOCIETY customer of BEAUTY SOCIETY unless the Advisor can prove by a preponderance 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 Advisor or independent contractor, any person employed by BEAUTY SOCIETY or any BEAUTY SOCIETY independent Advisor, where, in either case, such person was employed by BEAUTY SOCIETY or an independent Advisor at any time prior to the termination of the Advisor’s “ADVISOR 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 Reps.
Each Advisor 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 an Advisors application. Advisor agrees that breach or absence of the Advisor 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 inequality.
SECTION 7 – SPONSORING AND TRAINING
Reps may sponsor other persons to become an Advisors within the 50 states, the District of Columbia, Puerto Rico, and Guam. Reps can earn commissions and performance bonuses in the program based on the sale of BEAUTY SOCIETY products, not merely from sponsoring other an Advisors.
Responsibilities of Sponsors-
Reps must always present Beauty Society products and programs in a manner that complies with the Advisor Agreement. In addition, sponsors are responsible for assisting, training, and motivating their downlines.
– Provide assistance, as appropriate, in the sale and delivery of Beauty Society products to customers by their downlines.
– Train and communicate to their downlines to ensure that their downlines do not make an improper product or business claims, engage in illegal or inappropriate conduct or otherwise violate the Advisor agreement.
– Assist, motivate, and train their downlines by having ongoing contact and communication, which may include the use newsletters, personal and team meetings, phone calls, training sessions and training and orientation meetings.
– Motivate and train downlines regarding products, effective sales techniques, and training.
Social Media and Independent Website
In the event the Advisor Agreement is terminated for any reason, the Advisor 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.
*In the event any portion of this revision regarding all sections of Advisor Agreement is found unenforceable, such portion shall be severable from the remainder of this provision.