TERMS AND CONDITIONS
Independent Affiliate Advisor Agreement with Terms and Conditions
INDEPENDENT AFFILIATE 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 affiliate, (ADVISOR 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.
ADVISOR AFFILIATE AGREES; ADVISOR AFFILIATE enters into this agreement and will remain throughout the term of the agreement, as an independent affiliate:
1. To conduct “Online Sales” and “Retail Sales” and pay a MONTHLY ACTIVE ADVISOR subscription fee of $9.99 per month to remain Active. ADVISOR AFFILIATE must be “Active” in order to receive any affiliate compensation in a calendar month.
2. ADVISOR AFFILIATE cannot sell or represent any other skincare or cosmetics.
3. Any ADVISOR AFFILIATE at “Leadership Level” (Premier ADVISOR AFFILIATE and higher) with Beauty Society cannot be an affiliate with any other company.
4. ADVISOR AFFILIATES must wait 180 days before rejoining the ADVISOR AFFILIATE program upon resignation or cancelation. ADVISOR AFFILIATES cannot be moved from the position they join in the AFFILIATE program.
5. All orders will be submitted with a full payment. Every order is subject to acceptance by Beauty Society.
6. ADVISOR AFFILIATE agrees that she/he is not an employee, partner, agent, or principal of Beauty Society while this agreement is in effect. ADVISOR 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. ADVISOR 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. ADVISOR AFFILIATE is responsible for paying when due all income taxes, including estimated taxes, incurred because of the compensation paid by Beauty Society to ADVISOR AFFILIATE for services under this agreement. Upon request, ADVISOR AFFILIATE will provide Beauty Society with proof of timely payment. ADVISOR AFFILIATE agrees to indemnify Beauty Society for any claims, costs, losses, fees, penalties, interest, or damages resulting from ADVISOR AFFILIATE’s failure to comply with this provision.
7. ADVISOR 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. ADVISOR AFFILIATE agrees to use only products and materials created, published, designed, and developed by Beauty Society and not from any other source.
8. ADVISOR AFFILIATE agrees to devote all reasonable efforts to ensure performance of this Independent ADVISOR AFFILIATE Application/Agreement. ADVISOR AFFILIATE may perform the services under this agreement at any suitable time and location she/he chooses other than a retail store.
9. All proprietary trademarks, copyrights, logo’s, customer lists, product information, product formula’s, company operating documents, financial documents and promotional material are property of Beauty Society. Independent ADVISOR AFFILIATE under the terms of this agreement shall not disclose this information except under the terms and conditions of this agreement.
10. ADVISOR AFFILIATE acknowledges that Beauty Society is a direct to consumer sales company and pays ADVISOR AFFILIATE commission on their consumer sales. There is no requirement to recruit ADVISOR AFFILIATES or manage or build a team to earn commissions. ADVISOR AFFILIATE acknowledges Beauty Society is not a multilevel/pyramid company.
11.ADVISOR AFFILIATE represents that she/he is able to fulfill the requirements of this agreement.
12. ADVISOR AFFILIATE must represent themselves and the Company with integrity. This includes vulgar language, hate speech, or
13. Neither this agreement nor any duties or obligations under this agreement may be assigned by ADVISOR 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. ADVISOR AFFILIATE must comply with this agreement and the POLICIES Beauty Society has in place to quality for any ADVISOR AFFILIATE compensation.
16.ADVISOR AFFILIATE agrees to represent Beauty Society in a truthful, honest and responsible manner.
17. Independent ADVISOR 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 ADVISOR AFFILIATE or Beauty Society may terminate this agreement at any time. If ADVISOR AFFILIATE terminates this agreement they must wait 6 months before becoming and ADVISOR AFFILIATE again.
20. If ADVISOR 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 ADVISOR 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 ADVISOR AFFILIATE by Beauty Society (including any director, officer, employee, agent, or ADVISOR AFFILIATE of the other) or obtained by ADVISOR 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. ADVISOR 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 ADVISOR 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. ADVISOR 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 ADVISOR 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 ADVISOR AFFILIATE from Beauty Society under this agreement as of the date of death or incapacitation will be delivered to the ADVISOR AFFILIATE’s executors, administrators, heirs, personal representatives, successors, agents, and assigns. ADVISOR 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. ADVISOR 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 ADVISOR 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 ADVISOR AFFILIATE.
27. MONTHLY ACTIVE ADVISOR Fee. $9.99 monthly subscription fee charged on the 1st of every month. The MONTHLY ADVISOR FEE is waived for the first 90days with Beauty Society. This MONTHLY ADVISOR FEE keeps you active within the Beauty Society system.
28. ADVISOR AFFILIATE Kits can be returned for up to 30 days. 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 ADVISOR AFFILIATE procedures, where the term “ADVISOR AFFILIATE AGREEMENT” is used, it refers to the legally binding agreements between BEAUTY SOCIETY and each ADVISOR AFFILIATE consisting of (i) a properly completed and submitted ADVISOR 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 ADVISOR AFFILIATE agreement, and if applicable; (iii) it is the responsibility of each ADVISOR 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 ADVISOR 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 ADVISOR AFFILIATE submission of the new ADVISOR 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- “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. ADVISOR AFFILIATES are responsible for reading the weekly newsletter “Advisors In The Know” and other corporate publications for pending revisions to the policies and procedures. Continued participation in the AFFILIATE ADVISOR Program (see SECTION 4) following the effective date of the amended policies and procedures constitutes acceptance of any changes or additions.
SECTION 3- APPLYING TO BECOME A BEAUTY SOCIETY ADVISOR AFFILIATE
a. To become an 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 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:
ADVISOR 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. ADVISOR 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 an ADVISOR AFFILIATE does not create an employee/employer relationship, agency, partnership or joint venture between BEAUTY SOCIETY and such ADVISOR AFFILIATE. ADVISOR AFFILIATEs shall not be treated as employees of BEAUTY SOCIETY for any purpose including, and without limitation, for federal, state, or local tax purposes. ADVISOR AFFILIATEs have no authority (express or implied), and shall not represent that they have any authority to bind BEAUTY SOCIETY to any obligation. ADVISOR AFFILIATEs shall establish their own goals, hours, place of business and methods of sale so long as they comply with their “ADVISOR AFFILIATE AGREEMENT”. ADVISOR AFFILIATES are solely responsible for all decisions made at all costs incurred with respect to their efforts to sell products to their customers. 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 ADVISOR AFFILIATE will earn or will not lose money.
SECTION 4- BEAUTY SOCIETY ADVISOR AFFILIATE BENEFITS
Once an applicant has become an ADVISOR AFFILIATE as described above, the ADVISOR AFFILIATE is able to participate in and take advantage of the program’s benefits . These benefits include the ability of the ADVISOR AFFILIATE to:
-purchase BEAUTY SOCIETY products at wholesale cost (ADVISOR AFFILIATE DISCOUNT);
-sell BEAUTY SOCIETY products as described herein;
-participate in the ADISOR 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 Affiliate Team Leader support, services, training, motivational, promotional, incentive and recognition programs for affiliates, upon payment of appropriate charges if applicable.
SECTION 5-ADVISOR AFFILIATE REQUIREMENTS AND RESTRICTIONS
a. ADVISOR AFFILIATE Subscription Status
An applicant becomes an ADVISOR AFFILIATE when his/her ADVISOR AFFILIATE application is accepted by BEAUTY SOCIETY an ADVISOR AFFILIATE remains an ADVISOR AFFILIATE in the program by (I) renewing his/her ADVISOR AFFILIATE agreement with each monthly ACTIVE ADVISOR MAINTENANCE FEE of $9.99 acceptance of such renewal by BEAUTY SOCIETY (ii) complying with the requirements of the “ADVISOR AFFILIATE AGREEMENT”.
BEAUTY SOCIETY reserves the right to accept or reject any ADVISOR AFFILIATE application for any reason in its sole discretion. Without limiting the generality of the foregoing, BEAUTY SOCIETY reserves the right to reject any ADVISOR AFFILIATE application if BEAUTY SOCIETY determines in its sole discretion that its acceptance of an ADVISOR AFFILIATE application would result in any actual or potential conflict of interest or that would call into question the independence of an ADVISOR AFFILIATE.
c. ADVISOR AFFILIATE Info
Each ADVISOR AFFILIATE is responsible for keeping his/her ADVISOR AFFILIATE info up to date and current, accurate information. It is particularly important that an ADVISOR AFFILIATE 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 AFFILIATES.
d. Ethical Marketing
ADVISOR AFFILIATES shall safeguard and promote the good of the reputation of BEAUTY SOCIETY ADVISOR 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. ADVISOR 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. ADVISOR 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, ADVISOR 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 ADVISOR AFFILIATES about BEAUTY SOCIETY, the products; the program or other ADVISOR AFFILIATES serve no purpose other than to undermine the enthusiasm of other BEAUTY SOCIETY ADVISOR AFFILIATES. For this reason, and to set the proper example for each ADVISOR AFFILIATES downline, ADVISOR AFFILIATES must not disparage BEAUTY SOCIETY (or any of its employees, officers, or directors), the BEAUTY SOCIETY products, the program or other ADVISOR AFFILIATES. The disparagement of BEAUTY SOCIETY (or any of its employees, officers, or directors), the BEAUTY SOCIETY products, the program or other ADVISOR AFFILIATEs shall constitute a material breach of the “ADVISOR AFFILIATE AGREEMENT”
f. ADVISOR AFFILIATEs who become aware that another ADVISOR AFFILIATE has violated a “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 in the ADVISOR AFFILIATE to the extent available. Please direct all violations to email@example.com
g. Confidential Information, Non- Solicitation and Competitive Businesses:
An ADVISOR AFFILIATE shall not disclose to any third party the Confidential Information. An ADVISOR AFFILIATE shall use the same degree of care to protect confidential information that he/she uses to protect his/her own sensitive proprietary information. An ADVISOR AFFILIATE shall use the confidential information only for performing his/her obligations or exercising rights under his/her “ADVISOR AFFILIATE AGREEMENT”. An ADVISOR AFFILIATE shall limit access to confidential information to only those persons who have a legitimate need to know such information in the performance of ADVISOR AFFILIATEs rights and obligations under his/her “ADVISOR AFFILIATE AGREEMENT”. An ADVISOR 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 ADVISOR AFFILIATE further agrees that, during the term of her or his “ADVISOR AFFILIATE AGREEMENT” and for a period of two years following the termination of the “ADVISOR AFFILIATE AGREEMENT”, the ADVISOR AFFILIATE shall not:
(I) Directly or indirectly, solicit business from any BEAUTY SOCIETY customer of BEAUTY SOCIETY unless the ADVISOR 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 ADVISOR AFFILIATE or independent contractor, any person employed by BEAUTY SOCIETY or any BEAUTY SOCIETY independent ADVISOR AFFILIATE, where, in either case, such person was employed by BEAUTY SOCIETY or an independent ADVISOR AFFILIATE at any time prior to the termination of the ADVISOR AFFILIATES “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 ADVISOR AFFILIATES.
Each ADVISOR 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 ADVISOR AFFILIATEs application. ADVISOR AFFILIATE agrees that breach or absence of the ADVISOR 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 6- AFFILIATE TEAM LEADING AND TRAINING
ADVISOR AFFILIATES may Affiliate Team Leader other persons to become ADVISOR AFFILIATEs within the 50 states, the District of Columbia, Puerto Rico, and Guam. ADVISOR 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 ADVISOR AFFILIATES.
Responsibilities of Affiliate Team Leader
ADVISOR AFFILIATES must always present Beauty Society products and programs in a manner that complies with the ADVISOR AFFILIATE Agreement. In addition, Affiliate Team Leaders are responsible for assisting, training, and motivating their ADVISOR AFFILIATE network.
Affiliate Team Leaders must:
-Provide assistance in properly training sales techniques to their ADVISOR AFFILIATES.
-Train and communicate to their ADVISOR AFFILIATES to ensure that they do not make improper product or business claims, engage in illegal or inappropriate conduct or otherwise violate the 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.
-Motivate and train ADVISOR AFFILIATES on all aspects of Beauty Society products and programs.
Social Media and Independent Website
In the event the ADVISOR AFFILIATE Agreement is terminated for any reason, the ADVISOR 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 ADVISOR AFFILIATE Agreement is found unenforceable, such portion shall be severable from the remainder of this provision.