Independent Distributor Agreement
This is the agreement every independent distributor of Glamour Beauty & Wellness signs. By creating your account you accept it electronically, and the date of your acceptance is recorded in your account.
Part 1. The independent distributor agrees:
- To promote and sell products provided by Distributor Glamour Beauty & Wellness to ultimate customers and not to sell or display those products in retail sales or service establishments.
- To provide each customer with the written Glamour Beauty & Wellness Satisfaction Guaranty and to promptly respond upon request. I understand that Glamour Beauty & Wellness (“Company”) sponsors a complete satisfaction or money-back guarantee as to each Distributor Glamour Beauty & Wellness product sold by me to a customer.
- To maintain the highest standards of integrity, honesty, and responsibility in the dealings with the Company, consumers, and other Distributors. To present Distributor Glamour products in a truthful and sincere manner and hold the Company harmless from damage resulting from misrepresentation by me.
- To protect the Company’s name by obtaining the Company’s written permission prior to my use of any advertising (including but not limited to the Internet) or literature other than Company published material. I understand that demonstration, display, or sale of Distributor Glamour products in public, retail or service establishments of any kind is inconsistent with the terms of this agreement.
- As an independent contractor, to assume sole liability for all self-employment, income tax, and other reports required by my activities as an Independent Beauty Consultant and to abide by all federal, state, and local laws governing my Distributor Glamour Beauty & Wellness business.
- To purchase the Starter Kit and all Distributor Glamour products only from the Company. All orders submitted to the Company shall be accompanied by cash, certified check, credit card or money order for the full amount due. I understand that all orders are subject to acceptance by the Company and the terms of this Agreement. Only credit card charges for the Distributor Glamour products will be submitted to the Company for processing through Company’s Retail Credit Card Reimbursement Service.
- I am not a joint venturer with, or franchisee, partner, agent, or employee of Company. I have no power or authority to incur any debt, obligation, or liability on behalf of the Company. I understand that all Independent Distributors, Independent Sales Distributors, or Independent National Sales Distributors are independent contractors and are subject to this provision.
- When presenting Distributor Glamour Beauty & Wellness business opportunities, to do so in a truthful and sincere manner and to ensure that any prospective Distributor recruited by me is the age of 18 years or older and receives education and materials related to the Distributor Glamour Beauty & Wellness Products and business upon submission of an Independent Beauty Distributor Agreement.
- That no representations regarding my potential earnings as an Independent Distributor Glamour have been made to me. I acknowledge that my earnings as Distributor will depend entirely upon my individual effort.
- Company reserves the right to assure continued service to my customers if I cease to be an active Distributor.
- The company may release my name and telephone number in response to a customer’s request for a Distributor in my area. If this information is not to be released, I agree to notify the Company by written notice directed to: Distributor Glamour Support, 9446 Taney Rd, Manassas, VA 20110. The company shall process the Distributor’s personal data contained in this Agreement and/or submitted to the Company by the Distributor in connection with performance under this Agreement. The Company is allowed to process the Distributor’s personal data for the purposes related to the performance of this Agreement both by Consultant as well as by the Company. The data may also be used by the Company for the purpose of compiling demographic information in conjunction with the development of the Distributor cosmetic product and service. The distributor’s consent covers any operation with her personal data including data transmissions abroad. Distributor confirms that she is aware of the fact that her personal data shall be transmitted to the affiliate company of the Company located in the United States of America which shall process her personal data in compliance with the instructions of the Company. This consent shall be valid for the whole term of this Agreement and may be withdrawn by Distributor.
- The Company shall process the Distributor’s data also after the expiry of this Agreement to conclude the object of this Agreement and if requested so by law. Distributor has the right to access her personal data processed by the Company as well as other rights set forth in the applicable laws.
- To comply with any changes to the General Terms and Conditions of the Independent Distributor Agreement that may be made by the Company.
By accepting this agreement, I verify that the information I provided is correct. I have read and understand the General Terms and Conditions of this Independent Distributor Agreement and I hereby accept those Terms and Conditions and certify that I have the legal capacity to enter into this agreement. I understand that the recruiter whose name is on this Agreement will ultimately be the one to receive any recruiter commission on my sales.
Part 2. Glamour Beauty & Wellness (“Company”) agrees:
- To allow a discount from suggested retail price on Section 1 items of the then current Distributor order form (“Section 1 products”). The discount shall not apply to samplers, premiums, demonstrators, literature, hostess gifts or sales promotion items.
- To pay Distributor with one or more active team members a monthly personal team commission on all purchases of Company products (including Starter Kits of the new Distributor) made by persons whom Distributor has personally recruited to become Glamour Beauty & Wellness Distributors and who have been accepted by the Company, with commissions to be calculated and paid in accordance with the then current Company published monthly personal team commissions schedule for so long as both Distributor and team member are active, provided that commissions and bonuses paid on merchandise not sold at retail to ultimate consumers which is subsequently returned for Company repurchase pursuant to Part 6, below, may be charged back or deducted from commissions or other sums payable by Company to Distributor. A Distributor must be active and have one or more active team members in order to receive a monthly personal team commission. An Independent Distributor is considered “active” in the month a minimum $200 wholesale Section 1 product order is received by the Company and in the following two calendar months.
- The company may change suggested retail prices, discounts, commissions, transportation charges, contest rules and active status requirements at any time. The Company will give Distributor at least ten (10) days prior written notice of: a) any changes to contest rules and active status requirements; b) increases in suggested retail prices and transportation charges; and c) decreases in standard discount and commissions schedules. Written notice may be given by posting notice on the Company Web site(s).
- No geographical territories or limits concerning sales or recruiting within the USA are imposed.
- The company reserves no right of control or direction of the Distributor’s activities, other than the right to question results.
- To accept Distributor’s cancellation of this Agreement within thirty (30) days after acceptance of the Agreement by Company, and upon return of Distributor’s original and unused Starter Kit to Company, to refund to Distributor the Distributor’s cost of the Starter Kit; or if Agreement is terminated and Distributor’s original and unused Starter Kit is returned to Company after the cancellation period ends within one (1) year of purchase, to repurchase such Starter Kit at ninety percent (80%) of Distributor’s original net cost.
- To repurchase upon the termination of this Agreement, at ninety percent (80%) of Distributor’s original net cost, original and unused Section 1 products, provided such items were purchased by Distributor from Company within one (1) year prior to return.
- Starter Kit and Section 1 products must be shipped freight prepaid, accompanied by a “Request for Repurchase” form to the Glamour Beauty & Wellness Repurchase Department in Manassas. Distributor agrees that Company’s costs of any prizes or product bonuses awarded to Distributor because of the original purchase and any indebtedness Distributor owes Company will be deducted from the repurchase amount. Distributors who return merchandise to the Company are not eligible for rejoining Glamour Beauty & Wellness. Distributors agree that Section 2 items are not intended to be purchased from the Company for resale and are not subject to this repurchase provision.
- Customer names and addresses furnished by Distributor to Company for the Preferred Customer Program (direct mail advertising) will be used by Company for advertising and promotional programs to enhance Distributor’s business, create new sales opportunities for Distributor and generate additional customer sales which will be financially beneficial to the Distributor.
- There will be no direct sales from the Company to the Distributor’s customer without a Commission being paid to the customer’s Distributor, provided the Distributor is a member of the Glamour Beauty & Wellness Distributor sales organization at the time of the sale. The company will not accept an order directly from the customer without the name and Distributor number of the customer’s Distributor. Commission will be charged back on customer return.
General provisions
This agreement is subject to acceptance by the Company at its Corporate headquarters in Manassas, Virginia, through the issuance of a Notice of Acceptance. Such acceptance is conditioned upon receipt of the Starter Kit by the Distributor. This Agreement shall be governed by the laws of the State of Virginia as to all matters. The parties further agree that if any dispute or controversy arises between them concerning any matter relating to this Agreement, either party may elect to submit it to the jurisdiction of the courts of the State of Virginia, and the parties agree that the proper venue shall be Manassas, Virginia. This agreement is not subject to alteration, modification or change, 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 Company to the Distributor.
This Agreement shall be effective from the date of acceptance until December 31 of the same year and shall thereafter automatically renew each January 1 for additional terms of one year each, provided that the Agreement may be terminated by either party effective immediately for any breach of this provision, or by either party at any time during the initial term or any renewal term by not less than thirty (30) days written notice. It is not necessary to submit a new Agreement (or purchase a new Starter Kit) if reinstating within one year of the last order, as the terms and conditions of the then current Independent Distributor Agreement will continue in full force and effect. For recording purposes, Distributor must have the minimum $200 wholesale Section 1 product order 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 Distributor is not an employee of Company and will not be treated as an employee with respect to this Agreement for federal, state, or local tax purposes, or otherwise.