I. THE INDEPENDENT RE:BEAUTY™ RE:PRESENTATIVE AGREES ::
- To promote and sell Re:Beauty™ products to individual consumers and to never sell or display Re:Beauty™ products in retail sales or service establishments.
- To provide each consumer with the written Re:Beauty™ Satisfaction Guarantee and to promptly honor it upon request.
- I understand that Re:Beauty™ LLC sponsors a complete satisfaction or money-back guarantee as to each Re:Beauty™ product sold by me to a consumer.
- To always maintain the highest levels of integrity, honesty and responsibility when dealing with the Company, customers, consumers and other Re:Beauty™ Re:presentatives. To present Re:Beauty™ products in a truthful and sincere manner and hold the Company harmless from any damages resulting from any misrepresentations made by me.
- To protect Re:Beauty™ trademarks and trade names by obtaining the Company’s written permission prior to my using them in any advertising (including but not limited to the Internet, print or Social Media) or literature other than Company-published material. I understand that displays or sale of Re:Beauty™ products in public, retail or service establishments of any kind are inconsistent with the terms of this Agreement.
- As an independent contractor, I agree to assume sole liability for all self-employment (Social Security), income taxes, and other reports required resulting from my activities as an Independent Re:Beauty™ Re:presentative and to abide by all federal, state and local laws governing my Re:Beauty™ business.
- To purchase the Welcome Kit and all Re:Beauty™ products only from the Re:Beauty™ LLC.. All orders submitted to the Company shall be accompanied by payment in full for the total amount due and will be confined to any of the forms of payment accepted by the Company. I understand that all orders are subject to acceptance by the Company and the terms of this Agreement.
- The Company does not allow spouses to Sponsor each other into the business. Married couples can register together on a “joint-account” choosing a DBA business name.
- The Company does allow accounts to be created either by individuals or as joint accounts under a business name if the registration includes the DBA (Doing Business As) section. If the account is created as a joint account under a business name (Doing Business As) there can be up to two (2) people’s names on the account, but it will always be treated as one account – as one Independent Re:presentative.
- If my account has been registered as a DBA account with two (2) individuals listed as account owners, it will be entirely at the Company’s discretion how to manage or settle any disputes that may arise between the two account owners regarding the account ownership.
- There will be no change of Sponsor allowed to my account unless it is a change initiated and approved by the Company.
- The Company can close my account at any time, providing me with written notice 30 days in advance of a termination date indicating the reasons for termination which will be determined at the sole discretion of the Company. If my account is terminated by the Company, I would forfeit any existing downline and/or accumulated business which the Company would re-assign as needed.
- If I decide to resign and close my account, I will provide the Company notification by means of a letter delivered by certified mail. In the case of a resignation and voluntary account closing, if I were to decide to later re-join the Company I will be required to wait a mandatory 6 months before being able to present a new application. In the event of a resignation I would forfeit any existing downline and/or accumulated business which the Company would re-assign as needed.
- In the event I decide to resign and retire from the business I will be allowed to recommend to the Company that my account be inherited by a person of my choosing, but I understand that such an account transfer must be approved and accepted by the Company before it can be processed and become effective.
- I am not part of a joint-venture with, or franchisee, partner, agent or employee of Re:Beauty™ and therefore I have no power or authority to incur any debt, obligation or liability on behalf of Re:Beauty™ LLC. I understand that all Independent Re:presentatives, regardless of their Qualified Level in the Career Path, are independent contractors and are subject to this provision.
- When presenting Re:Beauty™ career opportunities, I will do so in a truthful and sincere manner and ensure that any prospective Re:Beauty™ Re:presentative recruited by me is 18 years of age or older and receives the information and materials related to a Re:Beauty™ career.
- Re:Beauty™ products must not be sold in stores other than those Company owned establishments, nor online through any website or digital retailing platform other than on www.rebeauty.com or other Company owned and supported websites, including sites that may be offered to me by the Company and personalized for my use as an Independent Re:presentative.
- eBay/Online Auctions:Re:Beauty™ products and services must not be listed on eBay or other online auctions, nor may Re:presentatives enlist or knowingly allow a third party to sell Re:Beauty™ products on eBay or other online auction sites.
- Online Retailing:Re:presentatives must not list or sell Re:Beauty™ products on any online retail stores or ecommerce site, nor may they enlist or knowingly allow a third party to sell Re:Beauty™ products on any online retail store or ecommerce site, including but not limited to Amazon, eBay, drugstore.com, or Nextag.
- Banner Advertising:Re:presentatives may place banner advertisements on a company approved third party website provided they use Re:Beauty™ approved templates and images. All banner advertisements must link only to rebeauty.com website. Re:presentatives must not use blind ads (ads that do not disclose the identity of the Company) or web pages that make product or income claims that are ultimately associated with Re:Beauty™ products or the Re:Beauty™ opportunity.
- Spam linking:Spam linking is defined as multiple consecutive submissions of the same or similar content into blogs, wikis, guest books, websites or other publicly accessible online discussion boards or forums and is not allowed. This includes blog spamming, blog comment spanning and/or spamdexing. Any comments you make on blogs, forums, guest books etc. must be unique, informative and relevant.
- Re:Beauty™ may release my name, telephone number, email address (contact information) in response to a customer’s request for a Re:Beauty™ Re:presentative in my area. If this information is not to be released, I must notify the Company that I do not want this information released by written documentation directed to: Re:Beauty™ LLC, 22 Paris Avenue, Suite 103, Rockleigh, NJ 07647
- To comply with any changes and/or additions made to the General Terms and Conditions to the Independent Re:Beauty™ Re:presentative Agreement that may be instituted by Re:Beauty™ LLC
II. RE:BEAUTY™ LLC (“COMPANY”) AGREES:
- To allow a discount from suggested retail prices on COSMETIC PRODUCTS made available for sale to consumers. The discounts shall not apply to samples, sales aids, accessories, demonstrators, literature, and hostess gifts or sales promotion items.
- To pay Re:Beauty™ Re:presentative with one or more active team members a monthly team commission on all purchases of Re:Beauty™ products made by persons who were personally recruited to become Re:Beauty™ Re:presentatives, Re:Members or customers, and who have been accepted by the Company. These commissions are to be calculated and paid in accordance with the current Company-published Compensation Plan commission schedule for as long as both Re:Beauty™ Re:presentative and team member are Active and Qualified as defined within the Compensation Plan. Any and all merchandise not sold at retail to ultimate consumers which is subsequently returned to the Company for repurchase pursuant to this Agreement, may be charged back or deducted from commissions or other sums payable by Company to Re:Beauty™ Re:presentative.
- Re:Beauty™ retains the right to change retail prices, discounts, commissions, shipping charges, contest rules and Active or Qualified status requirements at any time. The company shall be required to give Re:Beauty™ Re:presentative at least thirty (30) days’ written notice prior to a) making any changes to contest rules and Status requirements; b) increasing retail prices and/or shipping charges; and c) any decreases in standard discount and commission schedules. Written notice may be given by the posting of a notice on the Company Web site(s).
- No geographical territories or limits concerning sales or recruiting within the United States, Puerto Rico, the U.S. Virgin Islands and Guam are imposed on Re:Beauty™ Re:presentative.
- Company reserves no right of control or direction of Re:Beauty™ Re:presentative’s activities, other than the right to question results.
- The Company shall accept a Re:presentative’s cancellation of this Agreement and a refund issued, if submitted within the first thirty (30) days following acceptance of the Agreement by Re:Beauty™, and upon the return of a Re:presentative’s original and unused Welcome Kit.
- In the event the Agreement is terminated and a Re:presentative’s original and unused Welcome Kit is returned to the Company after the initial thirty (30) day cancellation period but within one (1) year of purchase, a refund will be issued equal to ninety (90%) of the Re:presentative’s original net cost.
- For any returns, Welcome Kit and unused Re:Beauty™ products must be shipped prepaid freight, accompanied by a “Request for Repurchase” form to the Re:Beauty™ LLC Repurchase Department. Re:presentative also agrees that the Company’s cost of any commissions, prizes or product bonuses awarded to Re:presentative because of the original purchase and any indebtedness Re:presentative owes the Company will be deducted from the repurchase amount prior to the issuance of any credits and/or refunds. Re:presentatives who return merchandise to the Company are not eligible to rejoin Re:Beauty™ LLC as a Re:presentative without express written consent of Re:Beauty™. Re:presentative also agrees that all Samples, Sales Aids and Materials are not intended to be purchased from the Company for resale and are not subject to any of the repurchase provisions.
- Return of Inventory and Sales Aides by Re:presentatives Upon Cancellation: Upon cancellation of a Re:presentative’s Agreement, the Re;presentative may return Welcome Kit, that he or she personally purchased from Re:Beauty™ (purchases from other Re:presentatives or third parties are not subject to refund) that are in Resalable (see Definition “Resalable” below) condition so long as the products and/or Sales Tools were purchased within 12 months prior to the date of cancellation. Upon receipt of a Welcome Kit and Sales Tools, the Re:ppresentative will be reimbursed 90% of the net cost of the original purchase price(s). Neither shipping nor handling charges incurred by a Re:presentative when the Welcome Kit, products or Sales Tools were purchased, nor shipping fees, will be refunded. Welcome Kits must be returned unopened and completely intact with no products or materials removed from the kit. If the purchases were made using a credit card, the refund will be credited back to the same account.
- Resalable definition: Products and Sales Aides shall be deemed “Resalable” if each of the following elements are satisfied: 1) They are unopened and unused. 2) Packaging or labeling has not been altered or damaged. 3) They are in a condition that is a commercially reasonable practice within the trade to sell the merchandise at full price. 4) It is returned to Re:Beauty™ within 12 months from the date of purchase. Any merchandise which is identified at the time of sale as nonreturnable, discontinued, or as a seasonal item shall not be resalable.
- Customer names and addresses furnished by any Re:Beauty™ Re:presentative to Re:Beauty™ in connection with optional programs shall remain the sole property of the Re:Beauty™ Re:presentative and will not be used by the Company or disclosed by the Company to other parties without Re:Beauty™ Re:presentative’s permission, except as may be required by law. However, Re:Beauty™ does retain the right to use such information for its own marketing and sales opportunities.
- There will be no direct sales from the Company to a Re:Beauty™ Re:presentative’s customer without RETAIL PROFIT and commissions being paid to that customer’s Re:Beauty™ Re:presentative, provided the Re:Beauty™ Re:presentative is a member of the Re:Beauty™ LLC independent sales organization at the time of the sale. Retail Profit and any Commissions paid or issued will be charged back on customer returns.
This Agreement is subject to acceptance by Re:Beauty™ LLC (The Company) at its corporate headquarters, through issuance of a Notice of Acceptance. A Re:Beauty™ Re:presentative conditions such acceptance upon receipt of a Welcome Kit. The laws of the State of New York as to all matters govern this Agreement. The parties further agree that if any dispute or controversy arises between them concerning any matter relating to this Agreement that any issues which either party may elect to submit for legal jurisdiction shall be submitted to the jurisdiction of the courts of the State of New York and the parties agree that the proper venue shall be New York County, NY.
This Agreement cannot be altered, modified or changed, except in writing, signed by an authorized executive of the Company and shall not be deemed to be changed, modified or altered by reason of any advice, suggestions, guides or sales aids furnished by the Company to the Re:Beauty™ Re:presentative. This Agreement shall be effective from the date of acceptance until December 31st of the same calendar year and shall thereafter be automatically renewed each January 1st, for an additional term of one year, provided that the Agreement is not terminated by either party immediately for any breach of its provisions or by either party at any time during the initial term or any renewal term by not less than thirty (30) days written notice.
If the Re:presentative’s account becomes INACTIVE, it is not necessary to submit a new Agreement (or purchase a new Welcome Kit) if re-Activating within one year of last order month (anniversary month, if no last order) as the terms and conditions of the then current Independent Re:Beauty™ Re:presentative Agreement will continue in full force and effect. For record purposes, a Re:presentative must have a minimum Re:Beauty™ products order of $200 after any discounts to update her last order date.
This is the sole and only Agreement between the parties relating to the subject matter hereof, and both parties acknowledge that the Independent Re:Beauty™ Re:presentative is not an employee of Re:Beauty™ and will not be treated as an employee with respect to this Agreement for federal, state, local tax purposes, or otherwise.