Gracewear Collection Independent Sales Consultant Policies & Procedures for Gracewear Style:
Policies and Compensation Plan Incorporated into Independent Sales Consultant Agreement; Amendments.
These Policies and Procedures, in their present form and as amended at the sole discretion of Gracewear Collection. (hereafter “Gracewear” or the “Company”), are incorporated into the Gracewear Collection Independent Sales Consultant Agreement. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Gracewear Collection Independent Sales Consultant Agreement, the Policies and Procedures, the Gracewear Collection Compensation Plan and Enrollment Form. Independent Sales Consultants shall be referred to herein as “Independent Sales Consultants or Warriors.” The Company reserves the right to amend the Agreement at its discretion.
1) Policies and Provisions Severable.
If any provision of the Agreement, in its current form or as amended, is held void or unenforceable, only the void or unenforceable portion(s) of the provision shall be severed from the Agreement and the remaining provisions shall remain in effect. The severed provision shall be reformed so that it is in compliance with the law and reflects the purpose of the original provision as closely as possible.
2) Term and Renewal of your Gracewear Collection Business.
The term of this Agreement is for the duration of the Pilot Program. A new Agreement will be in effect, when and if, Gracewear Collection determines to continue the Direct Sales model. Renewal will occur on an annual basis from that determined date.
3) Compliance with the Law.
Independent Sales Consultants must not engage in any act or omission that constitutes a violation of the law.
4) New Independent Sales Consultant Starter Kit supplement.
A new Independent Sales Consultant may purchase an additional supplemental kit up to 30 days after enrollment. Supplies, such as catalogs and display items will be available for purchase at any time.
5) General Conduct.
Independent Sales Consultants shall safeguard and promote the good reputation of Gracewear Collection and its products, and must avoid all deceptive, misleading, unethical or immoral conduct or practices, and must exhibit high moral character in their personal and professional conduct. Independent Sales Consultants shall not engage in any conduct that may damage the Company’s goodwill or reputation. While it is impossible to specify all misconduct that would be contrary to this policy, and the following list is not a limitation on the standards of conduct to which Independent Sales Consultants must adhere pursuant to this policy, the following standards specifically apply to Independent Sales Consultants’ activities:
- Independent Sales Consultants must conspicuously identify themselves as an Independent Gracewear Collection Independent Sales Consultant in all advertising, telephone directory listings, promotional material, social media postings, websites, and other forums in which they promote Gracewear Collections’ products, services and/or the Gracewear Collection business. Independent Sales Consultants are responsible for the content of all material that they produce and all postings on any social media site, as well as all posting on any social media site that they own, operate, or control.
- Deceptive conduct is prohibited. Independent Sales Consultants must ensure that their statements are truthful, fair, accurate, and are not misleading in any fashion.
- Independent Sales Consultants may not make any social media postings, or link to or from any postings or other material that is sexually explicit, obscene, pornographic, offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise), is graphically violent, is solicitous of any unlawful behavior, that engages in personal attacks on any individual, group, or entity, or is in violation of any intellectual property rights of the Company or any third party.
- If an Independent Sales Consultant’s Gracewear Collection business is cancelled for any reason, the Independent Sales Consultant must discontinue using the Gracewear Collection name, and all Gracewear Collection intellectual property, and all derivatives of such intellectual property, in postings on all Social Media, websites, or other promotional material.
- Independent Sales Consultants may not represent or imply that any state or federal government official, agency, or body has approved or endorses Gracewear Collection, its program, or products.
6) Social Media.
In addition to meeting all other requirements specified in these Policies, should a Independent Sales Consultant utilize any form of social media, including but not limited to blogs, Facebook, Instagram, Twitter, LinkedIn, YouTube, or Pinterest, the Independent Sales Consultant agrees to each of the following:
- Any social media site that is directly or indirectly operated or controlled by a Independent Sales Consultant that is used to discuss or promote Gracewear Collection products, or the Gracewear Collection opportunity may not link to any website, social media site, or site of any other nature, other than the Independent Sales Consultant’s Gracewear Collection replicated website, when available.
- An Independent Sales Consultant may post or “pin” photographs of Gracewear Collection products on a social media site.
- If an Independent Sales Consultant creates a business profile page on any social media site that promotes or relates to Gracewear Collection its products, or opportunity, the business profile page must relate exclusively to the Independent Sales Consultant’s Gracewear Collection business and Gracewear Collection products. If the Independent Sales Consultant’s Gracewear Collection business is cancelled for any reason or if the Independent Sales Consultant becomes inactive, the Independent Sales Consultant must deactivate the business profile page.
7) Independent Sales Consultant Created Marketing Methods, Advertising, and Promotional Material (Sales Tools).
Independent Sales Consultants must use only Gracewear Collection approved sales aids, advertising, promotional materials, and marketing methods (collectively “Sales Tools”) when promoting the Gracewear Collection business or Gracewear Collection products.
8) Trademarks and Copyrights.
The name “Gracewear” and other names as may be adopted by the Company are proprietary trade names, trademarks and service marks of Gracewear Collection. The Company will not allow the use of its trade names, trademarks, designs, or symbols, or any derivatives of such marks, by any person, including Gracewear Collection Independent Sales Consultants, in any unauthorized manner without its prior written permission. This includes, but is not limited to use in any email address, website domain name, social media name or address, or unapproved Sales Tools.
9) Independent Sales Consultant Web Sites.
Independent Sales Consultants may not create their own websites to promote their Gracewear Collection business or Gracewear Collection products and services.
10) Retail Outlets and Service Establishments.
Gracewear Collection strongly encourages the sales of its products through person-to-person contact. To reinforce this method of selling and to help provide a standard of fairness for all Independent Sales Consultants, Independent Sales Consultants may not display or sell Gracewear Collection products or literature, or in any other way promote the Gracewear Collection opportunity or products in any retail, wholesale, warehouse, or discount establishment without prior written approval from Gracewear Collection. Notwithstanding the foregoing, Independent Sales Consultants may display Gracewear Collection Service Related Establishments.
11) Gracewear Collection Independent Sales Consultants may promote and
sell Gracewear Collection products in service related establishments. A service-related establishment is one whose primary revenue is earned by providing personal service rather than by selling products. Such establishments include offices of doctors, dentists and other health professionals; health clubs or fitness centers; beauty salons; and any other business where customer use of the establishment is controlled by membership or appointment. Gracewear Collection reserves the right to make the final determination as to whether an establishment is service-related or is a proper place for the sale of its products.
12) Shows and Events.
Independent Sales Consultants may have a booth or display at shows and events such as Christmas shows, Bridal shows, Women’s Expos, Fairs & Festivals etc. Only one Independent Sales Consultant per event will be allowed. If interested in participating at an event, the Independent Sales Consultant must first contact the event organizer to be sure there is no other Gracewear Collection Independent Sales Consultant registered with the company name. If no other Independent Sales Consultant is registered, the Independent Sales Consultant may participate in show. The first Gracewear Independent Sales Consultant to register with the organizer as a Gracewear Independent Sales Consultant has priority to do the event. The following rules apply:
- Registration with the Organizer of the Event must include the Independent Sales Consultant name with the designation “Gracewear Independent Sales Consultant.
- The entire cost of participating in the event is the responsibility of the Independent Sales Consultant. Independent Sales Consultants have no authority to bind the Company to any obligation to participate in any event. The Independent Sales Consultant registering for the event must follow the guidelines of the event organizer for deposits and payments.
- The Independent Sales Consultant must provide her own liability insurance for the event.
13) Product Claims.
Independent Sales Consultants must not make claims, including but not limited to testimonials, about Gracewear Collection products that are not contained in official Gracewear Collection literature posted on Gracewear Collection official website.
14) Income Claims.
When presenting or discussing the Gracewear Collection opportunity or Compensation Plan to a prospective Independent Sales Consultant, Independent Sales Consultants may not make income projections, income claims, income testimonials, or disclose their Gracewear Collection income (including, but not limited to, the showing of checks, copies of checks, bank statements, or tax records) or the income of any other Gracewear Collection Independent Sales Consultant. Nor may Independent Sales Consultants make “lifestyle” income claims. A “lifestyle” income claim is a statement or depiction that infers or states that the Independent Sales Consultant can enjoy a luxurious or successful lifestyle due to the income they earn from their Gracewear Collection business. Examples of prohibited lifestyle claims include, but are not limited to, representations (either through audio or visual medium) that a Independent Sales Consultant could quit his/her job, acquire expensive or luxury material possessions, or travel to exotic or expensive destinations.
15) Media Inquiries.
Independent Sales Consultants must not interact with the media regarding the Gracewear Collection business or products without getting prior written approval from Gracewear Collection. All inquiries from the media, including radio, television, print, online, or any other medium, shall be directed to Gracewear Collection by email to firstname.lastname@example.org.
16) Confidential Information.
“Confidential Information” includes, but is not limited to, the identities, contact information, and/or sales information relating to Gracewear Collection Independent Sales Consultants and/or customers: (a) that is contained in or derived from any Independent Sales Consultants’ respective Back Office; (b) that is derived from any reports issued by Gracewear Collection to Independent Sales Consultants to assist them in operating and managing their Gracewear Collection business; and/or (c) to which an Independent Sales Consultant would not have access or would not have acquired but for his/her affiliation with Gracewear Collection. Confidential Information constitutes proprietary business trade secrets belonging exclusively to Gracewear Collection and is provided to Independent Sales Consultants in strict confidence. Confidential Information shall not be directly or indirectly disclosed to any third party nor used for any purpose other than Independent Sales Consultant’s use in building and managing his/her Independent Gracewear Collection business. Any violation of this policy shall cause Gracewear Collection irreparable harm for which there is no adequate remedy at law. The parties further agree that the harm to Gracewear Collection shall outweigh any harm to Independent Sales Consultant if injunctive relief is awarded to the Company. Gracewear Collection shall therefore be entitled to immediate and permanent equitable relief to prevent further violations of this policy.
17) Vendor Contacts.
The Company’s business relationship with its vendors, manufacturers and suppliers is confidential. An Independent Sales Consultant shall not contact or attempt to contact, either directly or indirectly, any of the Company’s suppliers, vendors or manufacturers. Violation of this may policy may result in termination and claims for damages if the Company’s association with its vendor/manufacturers is compromised by the Independent Sales Consultant.
18) Product Inventory & Bonus Buying.
The Gracewear program is designed so that Warriors are not required to carry inventory of products or services or sales aids. Gracewear strictly prohibits the purchase of products or services or sales aids primarily for qualifying for commissions, bonuses, or advancement in the Gracewear Compensation Plan.
19) Tampering with Product Packaging.
Gracewear Collection products must be sold in their original packaging; Independent Sales Consultants shall not alter the original packaging or labeling.
20) Negative Comments.
Complaints and concerns about Gracewear Collection should be directed to the Customer Service Department. Independent Sales Consultants must not disparage, demean, or make negative remarks to third parties or other Independent Sales Consultants about Gracewear Collection, its owners, officers, directors, management, other Gracewear Collection Independent Sales Consultants, and the Marketing and Compensation plan. Disputes or disagreements between any Independent Sales Consultant and Gracewear Collection shall be resolved through the dispute resolution process, and the Company and Independent Sales Consultants agree specifically not to demean, discredit, or criticize one another on the Internet or any other public forum.
21) Adjustment to Bonuses and Commissions.
Compensation stemming from product sales is fully earned when the applicable return, repurchase, and chargeback periods applicable to product sales have all expired. When a product is returned to Gracewear Collection for a refund or is repurchased by the Company, or a chargeback occurs, the compensation attributable to the returned or repurchased product(s) will be recovered by the Company. Unearned compensation will be deducted, in the month in which the refund is issued or the chargeback occurs, and continuing every pay period thereafter until the commission is recovered, from the upline Independent Sales Consultants who received bonuses and commissions on the sales of the refunded products. Gracewear Collection reserves the right to withhold or reduce any Independent Sales Consultant’s compensation as it deems necessary to comply with any garnishment or court order directing Gracewear Collection to retain, hold, or redirect such compensation to a third party.
22) Return of Products and Sales Aids by Independent Sales Consultants Upon Cancellation.
Upon cancellation of a Independent Sales Consultant’s Agreement, the Independent Sales Consultant may return products and Sales Tools that he or she personally purchased from Gracewear Collection within one year prior to the date of cancellation (the one year limitation shall not apply to residents of Maryland, Massachusetts, Wyoming and Puerto Rico) so long as the goods are in Resalable condition. Upon the Company’s receipt of returned goods and confirmation that they are in Resalable condition, the Independent Sales Consultant will be reimbursed 90% of the net cost of the original purchase price(s). Shipping and handling charges will not be refunded. If the purchases were made through a credit card, the refund will be credited back to the same account. Goods are “Resalable” if they are unused and in the original packaging. Any merchandise that is clearly identified at the time of sale as nonreturnable, closeout, discontinued, or as a seasonal item, is not Resalable. Replicated website fees are not refundable except as required under applicable state law.
23) Order Cancellation and Satisfaction Guarantee.
Federal and state law requires that Independent Sales Consultants notify their customers that they have three business days (5 business days for Alaska residents, 15 days for residents of North Dakota over the age of 65. Saturday is a business day, Sundays and legal holidays are not business days) within which to cancel their purchase and receive a full refund upon return of the products in substantially as good condition as when they were delivered. Independent Sales Consultants shall verbally inform their customers of this right. In addition, Gracewear Collection offers a money back satisfaction guarantee on products returned within 30 days from the date of sale, and an exchange guarantee on products returned within 90 days from the date of sale. If a product is returned for an exchange, and the item requested on exchange costs less than the price of the item being returned, Gracewear Collection will credit the customer or Independent Sales Consultant’s account for the price difference. All returns for a refund or exchange must be returned to the Company unused and in its original packaging along with a copy of the sales receipt.
This product satisfaction guarantee does not apply to products damaged by the buyer, and shipping costs are not refundable. Independent Sales Consultants shall disclose the terms of the satisfaction guarantee to his/her customers at the time of sale.
24) Montana Residents.
A Montana resident may cancel his or her Independent Sales Consultant Agreement within 15 days from the date of enrollment, and may return his or her Independent Sales Consultant Kit and any Sales Tools and products purchased from the Company for a full refund within such time.
25) Disciplinary Sanctions.
Violation of the Agreement, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by an Independent Sales Consultant that the Company reasonably believes may damage its reputation or goodwill, may result in the suspension or termination of the Independent Sales Consultant’s Gracewear Collection business, and any other disciplinary measure that Gracewear Collection deems appropriate to address the misconduct. In situations deemed appropriate by Gracewear Collection, the Company may institute legal proceedings for monetary and/or equitable relief.
26) Effect of Cancellation.
An Independent Sales Consultant whose business is cancelled for any reason will lose all Independent Sales Consultant rights, benefits and privileges. This includes the right to represent yourself as a Gracewear Collection Independent Sales Consultant, to sell Gracewear Collection products and services and the right to receive commissions bonuses, or other income resulting from his/her own sales and the sales and other activities of the Independent Sales Consultant and the Independent Sales Consultant’s former downline sales organization. There is no whole or partial refund for Independent Sales Consultant Kit fees if an Independent Sales Consultant’s business is cancelled.
27) Voluntary Cancellation.
A participant in Gracewear Collection Direct Sales Division has a right to cancel at any time, regardless of reason. Cancellation must via email to email@example.com. The written notice must include the Independent Sales Consultant’s signature, printed name, address, and Independent Sales Consultant I.D. Number.
28) Gracewear Collection is not able to divide commissions among multiple parties, nor is it able to divide a downline organization. Consequently, in divorce cases, any settlement or divorce decree must award the business in its entirety to one party. Gracewear Collection will recognize as the owner of the business the former spouse to who is awarded the business pursuant to a legally binding settlement agreement or decree of the court. The former spouse who receives the Gracewear Collection business must also execute and submit a Gracewear Collection Independent Sales Consultant Agreement within 30 days from the date on which the divorce becomes final or the business will be cancelled.
29) Dissolution of a Business Entity.
Gracewear Collection is not able to divide commissions among multiple parties, nor is it able to divide a downline organization. Consequently, if a business entity that operates an Gracewear Collection business dissolves, the owners of the business entity must instruct the Company on the identity of the proper party who is to receive the business. The Gracewear Collection business must be awarded to a single individual or entity that was previously recognized by the Company as an owner of the business entity; the Company cannot divide the business among multiple parties or issue separate commission payments. If the business entity wishes to sell or transfer its Gracewear Collection business, it must do so with permission from the Company. In addition, the recipient of the Gracewear Collection business must also execute and submit a Gracewear Collection Independent Sales Consultant Agreement to the Company within 30 days from the date of the dissolution of the business entity or the Gracewear
Collection business will be cancelled.
30) Change of Sponsor.
To maintain the integrity of the upline, Gracewear does not allow a change in sponsor. The only means by which an Independent Sales Consultant may legitimately change his/her sponsor is by voluntarily canceling his/her Gracewaer business in writing and remaining inactive for six (6) full calendar months. Following the sixth calendar month period of inactivity, the former Independent Sales Consultant may rejoin under a new sponsor provided they are in good standing with Gracewear and they purchase a new sample kit. The Independent Sales Consultant will lose all rights to his/her former downline organization upon his/her cancellation.
31) International Activities.
Independent Sales Consultants may not sell Gracewear Collection products in any international market, or conduct business activities of any nature, in any foreign country that the Company has not announced is officially open for business.
32) Dispute Resolution.
If you are found in violation of your Agreement of these Policies and Procedures, or if Gracewear determines that you have engaged in or are engaging in any illegal, fraudulent, deceptive, or unethical business conduct, you may be subject, at Gracewears’ discretion, to one or more of the following corrective measures: a) A written warning or admonition; b) A requirement that you take immediate corrective measures; c) Imposition of a fine, which may be withheld from bonus and commission payments; d) Loss of rights to one or more bonus and/or commission payments; e) Suspension of your Agreement for one or more pay periods; f) The removal of a frontline Warrior and their downline organization from your downline organization; g) Involuntary Cancellation of your Agreement; or h) Any other measure allowed within any portion of the Agreement, or which Gracewear deems appropriate, to equitably resolve injuries caused wholly or in part by your policy violation or contractual breach. Gracewear may withhold from you all or part of your bonuses and commissions while the Company is investigating any potential or alleged misconduct. If your Gracewear business is cancelled for disciplinary reasons, you will not be entitled to any commission or bonus withheld during the investigation period. Gracewear may institute legal proceedings for monetary and/or equitable relief at its sole discretion.
33) Damage Waiver
In any action arising from or relating to the Agreement, the parties waive all claims for incidental and/or consequential damages, even if the other party has been apprised of the likelihood of such damage. The parties further waive all claims to exemplary and punitive damages.
34) Governing Law, Jurisdiction and Venue.
Jurisdiction and venue of any matter not subject to arbitration shall be in the county in which the Independent Sales Consultant resides, or the nearest federal district court in the state in which the Independent Sales Consultant resides. The Federal Arbitration Act shall govern all matters relating to arbitration. Performance under this Agreement by the Independent Sales Consultant shall be in the state in which the Independent Sales Consultant resides. The law of the State in which the Independent Sales Consultant resides, without regard to principals of conflicts of laws, shall govern all other matters relating to or arising from the Agreement.
35) Class Action Waiver
Any action brought by an Independent Sales Consultant shall be brought on an individual basis, and not on behalf of a class or on a consolidated basis. Independent Sales Consultants waive all rights to bring an action against Gracewear Collection, its officers, owners, directors, employees and agents as a class or consolidated action.
36) Louisiana Residents.
Notwithstanding the foregoing, and the arbitration provision set forth above, residents of the State of Louisiana shall be entitled to bring an action against Gracewear Collection in their home forum and pursuant to Louisiana law.
37) Handling Personal Information.
As an Independent Sales Consultant, you will receive Personal Information from and about prospective Independent Sales Consultants, customers, and other individuals. Keeping their Personal Information secure not only helps to ensure your compliance with the law, but it also helps you to maintain current customers’ and potential customers’ trust, which is an important factor in your success. Personal Information is information that identifies, or permits you to contact, an individual. It includes a customer’s, potential customers, or other individual’s name, address, email address, phone number, credit card information, and other information associated with these details, such as purchases. WHEN COLLECTING, USING & DISCLOSING PERSONAL INFORMATION. Customers want to know why you are collecting their Personal Information and what you plan to do with it, so tell them what you are collecting, why and with whom you are going to share it. Tell them this before or at the time that you collect their Personal Information, and then be sure that you use and share Personal Information only in the ways you promised.