INDEPENDENT STYLIST AGREEMENT
Untamed Accessories Mission Statement
To bring strength, independence, and empowerment to individuals and their families by building confidence and financial freedom through affordable fashion.
INTRODUCTION
1.1 Independent Stylist Agreement The Independent Stylist Agreement (Agreement) comprises of the following items, any formal agreement to such Independent Stylist Agreement or any action representing Untamed Accessories as an Independent Stylist (Stylist, Consultant or Untamed Accessories Consultant, Independent Consultant or Independent Stylist) through the purchase of product at wholesale price, participation of the Compensation Plan, or the retail of any Untamed Accessories product constitutes an agreement to abide by the following articles:
a. The Independent Stylist Agreement b. The Policies and Procedures (this document) c. The Untamed Accessories Compensation Plan.
When referring to the Independent Stylist Agreement or Agreement, it is referring to all of the documents and components as described above. All Independent Stylists of Untamed Accessories carry the responsibility to read all components of the Agreement, and to be compliant with all aspects of said Agreement. When sponsoring or enrolling a new Independent Stylists into Untamed Accessories, it likewise is their responsibility to become familiar with said Agreement and components thereof before signing the Independent Stylist Agreement or enrolling through an online form. It is the responsibility of all sponsoring Stylists to inform their new enrollments of the existence of these agreements, and that by enrolling as an Independent Stylist they are bound by such Agreements. In this document or any component of the Agreement, when referring to Untamed Accessories as a corporate structure, and any entities incorporated therein, they will be referred to by either “Company” or “Untamed Accessories.” Independent Stylist will determine the method, details and means of performing the services under the Agreement. Stylists shall take general direction from Untamed Accessories and abide by the policies and procedures set forth herein. Independent Stylist enters into this Agreement as, and shall continue to be, an independent contractor. Under no circumstances shall the Stylist look to Untamed Accessories as an employer, nor as a partner, agent, or principal. Stylist shall have no authority as agent or otherwise to act in the name of or on behalf of the Company or to bind the Company to any contract, agreement or other arrangement whatsoever. Stylist shall not be entitled to any benefits afforded to the Company’s employees including pension plan contributions, workers’ compensation, unemployment insurance, medical or disability insurance, vacation or sick pay.
1.2 Purpose of the Policies and Procedures
The purpose of this Agreement and these Policies and Procedures is to define the relationship between an Independent Stylist, other Independent Stylists, and/or the Company, and to clearly articulate the expected behavior and acceptable business conduct of all parties involved. By agreeing to the Independent Stylist Agreement and its components, the Independent Stylist is required to comply with it and its components, as well as with all federal, state, and local laws governing the Independent Consultant’s business activities. If there are any questions in relation to the Independent Stylist Agreement, all Independent Stylists have their Sponsor and the Untamed Accessories Support staff available to them for assistance.
1.3 Changes to the Agreement
Untamed Accessories reserves the right to amend the Agreement and any or all of its components, as well as its prices and commissionable volume levels, at its sole and absolute discretion. By executing or agreeing to the Stylist Agreement or any of its components, a Stylist agrees to abide by all amendments or modifications that Untamed Accessories elects to make. Amendments shall be effective upon notice (or a reasonable attempt to notify) to all Stylists that the Agreement or any of its components have been modified. Notification of amendments shall be published in any official capacity by Untamed Accessories. Untamed Accessories shall provide or make available to all Stylists a complete copy of the amended provisions by one or more of the following methods: (1) posting on the Company’s official website; (2) electronic mail (e-mail); (3) inclusion in any Company publications; (4) posting in the Consultant’s social Media group or (5) any special mailings. The continuation of a Stylists' Untamed Accessories business, activity, purchases, or sale of Untamed Accessories product, as well as any acceptance of bonuses or commissions constitutes acceptance and agreement of any and all amendments to the Agreement, any of its components, and the updated documents in their entirety. If any amendments or modifications to this Agreement are not acceptable to the Stylist, they have 30 (thirty) days from the Agreement’s original publication date to notify the Company and request the termination of their Stylist Agreement and Account.
1.4 Business Delays Beyond Untamed Accessories Control
Untamed Accessories is not responsible for any or all delays or failures in the performance of its obligations when such performance is made commercially impractical due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, natural disasters, death, curtailment of a party’s sources of supply, or government decrees or orders. This also applies to third party vendors of Untamed Accessories and limitations within their services, including but not limited to delivery of packages or product, or any other feature, function, or service that is not expressly within the Company’s control.
1.5 Invalid or Unenforceable Policies
If any part of the Agreement is held to be invalid or unenforceable, only that invalid or unenforceable portion may be removed and the remainder of the Agreement shall remain intact and in force.
1.6 Compliance Enforcement
The Company never gives up its right to insist on the Independent Stylist’s compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of Untamed Accessories to exercise any right or power under the Agreement or to insist upon strict compliance by a Stylist with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of Untamed Accessories' right to demand exact compliance with the Agreement or any components thereof. Waiver by Untamed Accessories can be effectuated only in writing by an authorized officer of the Company. Untamed Accessories' waiver of any particular breach by a Stylist shall not affect or impair Untamed Accessories' rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other Stylist. Nor shall any delay or omission by Untamed Accessories to exercise any right arising from a breach affect or impair Untamed Accessories' rights as to that or any subsequent breach. The existence of any claim or cause of action of a Stylist against Untamed Accessories shall not constitute a defense to Untamed Accessories' enforcement of any term or provision of the Agreement. Any action or enforcement taken by Untamed Accessories in relation to a compliance issue will be addressed solely between Untamed Accessories and the parties involved. There is no requirement of notification to any other parties as to the outcome of such an investigation.
SECTION 2 – Becoming a Consultant
2.1 Requirements to Become a Consultant
To become an Untamed Accessories Stylist, each applicant must:
a. Be of the age of majority in your state of residence, or 18 years of age;
b. Reside in the United States;
c. Have a valid Social Security Number (SSN) or Federal Tax ID Number (EIN);
d. Read and agree to abide by the Company’s Independent Stylist Agreement and all components therein; e. Complete Affiliate Portal Profile.
f. Complete and submit (physically or electronically) an Independent Stylist Application and Agreement to Untamed Accessories. New Stylists may enroll online through the company’s official website or an Independent Stylist’s personal replicated website. An application with any secured or protected information, such as a Social Security Number or Employer Identification Number and credit card information, represents the personal application and agreement for such actions from the principle of such secured information. An existing Untamed Accessories Stylist must not fill out, sign, or accept the Agreement on behalf of another Untamed Accessories' Stylist.
Untamed Accessories reserves the right to reject or deny any new Stylist Agreement or Application, and/or to reject any Agreement after its execution for any violation of policy as documented by this Agreement.
2.3 Stylist Enrollment Fee
To enroll, an Untamed Accessories Stylist need only to complete this Independent Stylist Agreement and Affiliate Profile in their entirety. There is no enrollment fee to pay and no start up kit to purchase.
2.4 Maintaining Consultant Status
After the initial application process, maintaining an Independent Stylist status and placement within the Untamed Accessories commission tree structure is contingent upon the following things:
a. Adhering to and maintaining all published policies, agreements, and components thereof (be in good standing);
b. Log in to your back office or share your personal links for three (3) consecutive calendar months (in other words, if you have neither logged into your back office or shared your affiliate link for three consecutive months, you will be considered inactive and your account will be disabled;
c. Be up-to-date on any invoices, owing balances, or retractions.
If at any point any of the items documented above are not maintained, the account will be terminated, and the position will be removed from the commission tree structure. At this point, the Stylist will lose all claim, rights, and privileges associated with the former position or account. If at any point a terminated Stylist wishes to re-engage as a Stylist of Untamed Accessories in good standing, the individual may reapply and, pending approval, may be reenrolled into the organization. Reapplying Stylists will not be placed in previous locations within the commission tree or gain any of their former privileges associated with their former position.
2.5 Qualifications for Inclusion in Stylist Search and Referral
In order for a Stylist to be included in the Stylist Search and referral program, that Stylist must have been active the prior month. To be considered active is to have accumulated at least $25 in retail sales the prior month. Eligible Consultants are chosen at random in the program and will not be listed in any particular order even if they meet the qualifications.
SECTION 3 – Stylist Relationship with Untamed Accessories
3.1 Independent Contractor Status
When a Stylist joins Untamed Accessories, they are an Independent Stylist, or independent contractor. They do not purchase a franchise or business opportunity, and the agreement between the Independent Stylist and Untamed Accessories does not create an employer/employee relationship, partnership, or joint venture. As a result, the Independent Stylist is solely responsible for paying all local, state, and federal taxes owed from any compensation earned, in the form of retail profits retained at the sale of all product or the bonus/commission plan offered by Untamed Accessories. Untamed Accessories will not withhold any FICA or taxes of any kind from any commission or bonuses paid out. Independent Stylists are in complete control of the means by which they operate their Untamed Accessories business. They will establish their own goals, hours, parties, shows, and methods of sale – within compliance with this Agreement and applicable laws. They are solely responsible for paying all expenses incurred in the development of their business and are not authorized to incur any debt or obligation on behalf of or in the name of Untamed Accessories or other Stylists or to open any financial account on behalf of, for, or in the name of Untamed Accessories. The success of their Untamed Accessories business is the sole responsibility of the Independent Stylist.
3.2 Income Taxes
As an independent contractor, Independent Stylists will receive an IRS Form 1099 (Non-Employee Compensation) earnings statement if they are a U.S. resident that has earnings of over $600 paid from Untamed Accessories in the previous calendar year.
The Independent Stylist is solely responsible for paying local, state, and federal taxes on any income generated as an Independent Stylist. A copy of all IRS Form 1099s that are generated as a result of the criteria above will be remitted and sent to the United States Internal Revenue Service for the applicable tax year. If at any point the Federal Tax Information (name, SSN, EIN, etc.) provided by the Independent Consultant is wrong or contains an error, Untamed Accessories may hold all future earnings until the error is rectified within Untamed Accessories' records and the correction is remitted to the IRS; in these circumstances, pending the severity of error, the Stylist may be subject to be liable for any fines incurred by excessive errors submitted to the IRS.
3.3 Limitations of Liability
By signing or agreeing to the Independent Stylist Agreement or any component thereof, the Stylist agrees to release, discharge, and hold harmless Untamed Accessories, and anyone directly affiliated with Untamed Accessories (employees, officers, etc.) from any loss or damages, including costs and fees, incurred or suffered by you as a result of:
a. The Independent Contractor’s breach of the Agreement (including these policies);
b. The improper promotion or operation of the Untamed Accessories opportunity, business, or related activities;
c. Any incorrect data or information provided by a Stylist to Untamed Accessories;
d. Any incorrect data or display information displayed by the Virtual Back Office;
e. The Stylist’s failure to provide any information to Untamed Accessories that may be necessary for Untamed Accessories to operate its business; or
f. The Stylist’s failure to execute their personal business strategy.
3.4 Roll-Up of Downline Organization
When a vacancy occurs in a downline organization due to the voluntary termination of an Untamed Accessories business, all Stylists or positions shift up one level in order to fill that vacancy within the organization or commission tree. This process and the removal of the terminated position is at the sole discretion and approval of the company, and may take up to three months to review. Roll-up of downline organization may not be approved in circumstances where there is any manipulation in the roll-up or termination process, or there is a significant rank advancement or commission increase that will occur as a result of such roll-up. In circumstances where roll-up of the downline organization is not approved, the vacant position will still be terminated, and will remain empty until the company deems necessary. When an account is terminated involuntarily by the Company, for any reason, and the original position had generated a total commission earning in excess of $50, the position will not be removed from the organization and the proceeding downline will not be “rolled-up.” This is due to the potential consequences as detailed above in such moves. The position will remain there, but be deemed inactive. As a result of compression in the Untamed Accessories Compensation Plan, it is anticipated that this activity will not negatively affect commission payout through the Unilevel program, however it will keep organizational leg structure intact, and minimize potential manipulation within the organization.
3.5 Transfer Upon Death of a Consultant
To affect a transfer upon the death of a Stylist, the claimant will need to provide the following:
a. Copy of the death certificate;
b. Notarized letter or legal instrument establishing the rightful successor; and
c. Completion of a new Stylist Agreement
3.6 Indemnification
A Stylist is fully responsible for all of his/her verbal and written actions or statements made regarding Untamed Accessories products and the Untamed Accessories Marketing and Compensation Opportunity that are not expressly contained with official Untamed Accessories materials. Stylists agree to indemnify Untamed Accessories and Untamed Accessories directors, officers, agents, and employees and hold them harmless from any liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by Untamed Accessories as a result of the Stylist’s unauthorized representations or actions. This provision shall survive the termination of the Agreement.
3.7 Claims
Stylists may not make any claims in relation to the product or income generated by Untamed Accessories.
3.8 Consultant Support and Responsibilities to Retail Customers
The Untamed Accessories Support team provides services for enrolled or enrolling Untamed Accessories Independent Stylists. Untamed Accessories Support also offers services to Retail Customers of Untamed Accessories Stylists who make online purchases through the official Untamed Accessories website. Stylists are responsible for providing support and services for their customers who purchase directly from them.
3.9 Untamed Accessories Right to Data
Untamed Accessories reserves the right to store acquired data from the Stylist. They also maintain the right to own, share, or display such data (excluding secure data) within reasonable means to increase the business of the Stylist, or the offering of Untamed Accessories. This right includes sharing contact information, general location information, success information, or any other reasonable data through appropriate mediums, such as the Untamed Accessories website, replicated sites, web based communication, letters, telephone, or other accepted mediums of communication. Untamed Accessories commits to protect the integrity of such data to the full extent it is reasonably capable of doing, and to avoid selling or distributing any sensitive information with organizations or persons that are in-line with the mission and goals of Untamed Accessories, or that is in the reasonable welfare of their Stylists.
3.10 Disparaging Remarks
Stylists may not use disparaging remarks in relation to Untamed Accessories corporate staff, employees, directors, officers, or any other representative of Untamed Accessories, including but not limited to other Independent Stylists. Stylists are to conduct their business with positivity and in a manner that uplifts everyone. Comments made by Stylists that may be negative in nature and relate to others potentially damage their own business, the businesses of others, and the Untamed Accessories brand. Stylists should be courteous, polite, and always seek an amicable resolution to any disagreement or dispute.
Owners of social media sites, forums, blogs, or community pages are responsible to ensure that all messaging and content by contributors to those pages remain positive, uplifting, and supportive of the Untamed Accessories business, operators, Stylists, and programs. All comments made on any such sites are the sole responsibility of the owner to monitor, and any violation or disparaging comments made on such forums, will also be the responsibility of the site owner or manager as if they were made by them directly.
3.11 Untamed Accessories Code of Conduct
Untamed Accessories Stylists are expected to present themselves in a manner that is representative of the clean and uplifting culture of Untamed Accessories. This includes, but is not limited to, language, dress, appearance, and conduct. Untamed Accessories reserves the right to exclude any Stylist from any event for violation of this code.
SECTION 4 – Operating an Untamed Accessories Business
4.1 Adherence to the Untamed Accessories Marketing and Compensation Plan
Stylists must adhere to all published Untamed Accessories Marketing and Compensation Plan literature. Untamed Accessories Stylists may not offer Untamed Accessories products or opportunity in conjunction with any other system, program, or method of marketing other than that which is set forth in the published Untamed Accessories Marketing literature. Stylists may not enforce, require, or encourage Customers or other Stylists to execute any agreement other than the official Independent Stylist Agreement.
4.2 General Advertising
Untamed Accessories Stylists shall safeguard and promote the good reputation of Untamed Accessories and its products. The marketing of Untamed Accessories products, opportunity, compensation plan, and marketing shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, slanderous, unethical or immoral conduct or practices. Any personalized promotional material or advertising attempt must be approved by Untamed Accessories and its legal department to ensure that there are no claims or violations to the Untamed Accessories trademark, namesake, or other legal issues. Stylists are not permitted at any time to make any income claims in relation to the Untamed Accessories opportunity. All labels, trademarks, logos, names or titles, must include the title “Independent Stylist” prominent enough to easily identify that the Stylist represents their own business and not Untamed Accessories as a whole or as a corporation.
4.3 Use of Untamed Accessories Name
Stylists may not use the Untamed Accessories name or any of its registered trademarks, names, services, or products in any personalized or personally owned businesses, webpage addresses, e-mail address domains, or internet domain registration. Stylists, or anyone, may not use Untamed Accessories trademarks, designs, or symbols, without its express prior written permission. Stylists may not record Untamed Accessories sponsored Company events, speeches, conference calls, or any other event or function through any medium without the prior written consent from Untamed Accessories. Stylists may only use the Untamed Accessories name in casual communication (i.e. social media communication, online forums, blogs, email addresses, etc.) under the following considerations: (1) it is with the intention of building their Untamed Accessories business, (2) when there are no plural terms used in the title of use of the Untamed Accessories name, so as to not represent a group of individuals, and (3) there is a specific individual identifier clearly indicating not only the use of it by an Independent Stylist, but which independent Stylist is using the term (such as Stylist Identification Number or name).
4.4 Untamed Accessories Brand
At no time may a Stylist re-label or remove the label of any Untamed Accessories product for retail sale. Such relabeling or repackaging would violate this Agreement and governing laws, which could result in severe criminal penalties. Civil liabilities may also result when the persons using the products suffer any type of injury or their property is damaged as a consequence of the repackaging or relabeling of products. Any media inquiries in relation to Untamed Accessories must be responded to by Untamed Accessories' Communications Department and corporate headquarters, and Stylists should not attempt to respond to any inquiries without express written permission to do so.
4.5 Use of the Untamed Accessories Logo
Stylists may use the Untamed Accessories Logo which is available to all Stylists online; as long as they do not alter or distort the logo in any way. Stylists may make any tools, or accessories necessary for them to build their business using the Untamed Accessories Independent Stylist logo, for personal use or consumption. No Stylist may create and then sell, distribute, or promote, any items with the Independent Stylist logo to other Stylists, members of their teams, or anyone else.
4.6 International Sales
Stylists are only allowed to sell the Untamed Accessories products and opportunity within the United States, and those countries that Untamed Accessories has announced they are officially launched in (currently only the United States, including Puerto Rico and US Virgin Islands).
4.7 Stylist Release
By agreeing to the Agreement or any of its components, the Independent Stylist authorizes Untamed Accessories to use their name, testimonials, likeness, or experiences in Untamed Accessories advertising or promotional material with no remuneration. Further, any reproduction of any photos, images, testimonials, stories, conversations, or documentation that is created by or provided by Untamed Accessories to the company is also authorized for reproduction in any form without remuneration.
4.8 Unsolicited Communication
Independent Stylists may not initiate any unsolicited communication (faxes, e-mails, phone, etc.) to anyone whom they are not personally aware of (or to people they do not know).
4.9 Online Activity
Independent Stylists may not use any online forum (eBay, Amazon, Mercari, classifieds, Craigslist, or any other online retail tool) to bundle, distribute, or sell Untamed Accessories products. Independent Stylists are not allowed to use a mass e-mailer or generate “SPAM” for their Untamed Accessories Business. Social media or networking is permitted for the intention of developing a warm market, or networking with current associates, but is not permitted for the direct sale or distribution of Untamed Accessories product. Stylists are not allowed to recruit through any Untamed Accessories Corporate social media page, or through any social media page that does not directly belong to that Stylist. This also includes directly contacting someone through instant messages or e-mails that were found through a social media site not directly owned by that Stylist.
Violation of this policy can result in termination, as potential Stylists who are interested in doing Untamed Accessories can quickly become disinterested through heavy online recruiting activities. Any and all online activity of Stylists with the intention of promoting Untamed Accessories must be appropriately designated as an “Independent Stylist.” In accordance to our policies set forth, Untamed Accessories products must not be displayed or sold alongside any other product(s). This policy extends to all online forums including but not limited to websites, shopping carts, and social media platforms.
4.10 Recruiting or Enrolling Promotions
At no point may a Stylist advertise or promote an enrolling or recruiting promotion in which there is an enrollment fee. This includes, but is not limited to, offering discounted products, reimbursements, cash offers for enrollment, extra personal inventory, or anything else that is seen to increase the value or decrease the value of the enrollment process. This activity is often seen as an attempt to create an unfair advantage to other Stylists.
4.11 Parties, Fairs, Expositions, and Other Temporary Sales Forums
Parties, fairs, expositions, and other temporary sales forums represent good opportunities to both sell product and expose a population of people to the Untamed Accessories lifestyle, culture, product, and business opportunity. Untamed Accessories does not have any control over the business practices or the behaviors of the event organizers, hostess home environments, or managers at the event; and Untamed Accessories has no intention of mediating within these environments. Therefore, Untamed Accessories requests that all Stylists who wish to participate in these activities adhere to the following, and acknowledge the same through this Agreement:
a. All transactions are on a cash-and-carry basis, or through an independently established merchant account provider. Untamed Accessories will not process credit card charges, or accept funds on behalf of an Independent Independent Stylist unless at an Untamed Accessories sponsored event and such is permitted. Untamed Accessories does not issue or accept any liability for the decline of charges, chargebacks, lost cash, or any other transaction difficulties that may take place at such events. All transactions for retail product are the sole responsibility of the Independent Stylist.
b. Untamed Accessories does not offer or accept any liability insurance for any home party, meeting, booth, bazaar, seminar, show, or any other event or sales location initiated by the Independent Stylist. Such events are the Independent Consultant’s meetings, and therefore all liabilities and ownership are the Stylist’s responsibility.
c. Only one Untamed Accessories booth is allowed per show or event. It is the Stylist’s responsibility to check with the show managers or promoters to ensure that there are no Untamed Accessories Stylists contracted before space is contracted.
d. Untamed Accessories show booths must exclusively offer Untamed Accessories. Untamed Accessories may not be mixed with any other products or offerings within a show booth.
e. The Stylist must make it known to the show managers and promoters that he or she is an Untamed Accessories Stylist and that he or she can be the only Untamed Accessories Stylist present at the event. This must be done in writing. Failure to obtain written acknowledgement from the show manager or promoter that they understand this policy minimizes the Stylists' ability to mediate any potential issues that may arise
f. If there are any disputes in relation to this policy, and there is more than one Stylist selling Untamed Accessories products at a show, the challenging Stylist must take it up with the show promoter or manager with whom they contracted the space in an effort to resolve the issue. Untamed Accessories will not mediate such disputes.
g. The Stylist may offer a sale, deal, or promotion at a show any merchandise they have received for free as promotion or have purchased at wholesale via value packs.
h. No competing jewelry or similar products may be offered alongside or in the same booth as Untamed Accessories products in order to maintain its good name, and to minimize comparison with inferior products.
i. The Independent Stylist, or an agent thereof, must attend all hostess parties, home parties, show booths, or events that they are sponsoring or supporting (gaining retailing product at). The booth or party may never be left unattended at any time, or with someone who is not an Untamed Accessories Stylist.
3.12 Change of Sponsor or Placement
To protect the integrity of all marketing organizations and the hard work of all Stylists within the organization, Untamed Accessories will seldom allow changes to the sponsorship or placement of another Stylist or organization. Maintaining the integrity of the sponsorship and placement trees is critical for the success of every Stylist and marketing organization. Accordingly, the transfer of an Untamed Accessories business from one position to another is rarely permitted. Requests for a change of Sponsor or Placement within an organization must be submitted in writing to the Untamed Accessories Corporate Office in writing via email ([email protected]), and must include the reason for the request. Transfers will only be considered in the following circumstances:
a. Cases involving fraudulent or unethical sponsoring. All requests of this nature must be made with 60 days of the alleged activity;
b. Stylists may terminate their positions voluntarily, wait the required 3 (three) months, and then re-enroll within the desired organization;
or c. The request is made and received within 72 hours of the initial enrollment or placement.
It will be left to the sole discretion of Untamed Accessories whether any downline or team members may be moved in the process of such requests. At no time will a request be approved if it directly affects the ranking or significantly affects the monetary rewards from an organization (as a result of the move itself). There is a $25 non-refundable fee to investigate any requested changes.
If at any time an Independent Stylist is deemed inactive for a period of three consecutive months, that Independent Stylist forfeits all rights to have their approval required for any requested changes within their organization, at the discretion of the Company.
3.13 Solicitation
During the term of this Agreement, and for 12 months after the termination of a Stylist's account, a Stylist may not solicit, recruit, or attempt to recruit other Untamed Accessories Stylists to any other network marketing, direct sales or affiliate business.
3.14 Fraudulent Behavior
Stylists and the hostesses they work with are obligated to work in an ethical, fair, and honest manner. If a Stylist's behavior or interactions are dishonest or fraudulent in any way, they will be immediately suspended, investigated, and potentially terminated. It is also expected that Stylist uphold all agreements, contracts, or obligations entered into with any other party, through the course of building their Untamed Accessories business.
SECTION 4 – RESPONSIBILITES OF STYLISTS
4.1 Change of Address, Telephone, or Contact Information
To avoid any disruption in business practices, the Stylist is responsible to notify the Company of any changes to the contact information provided on the Stylist’s account. Most changes can be made online, but can also be done via phone. A Post Office Box (P.O. Box) is acceptable for a billing address, but not acceptable for a shipping address. Untamed Accessories is not held liable for missing shipments, commission payments, or any action or delayed response as a result of inaccurate or outdated contact information on the Stylist’s account. This includes name, billing address, shipping address, telephone numbers, texting numbers, email address, and any other means of communication possible, as well as
preferred payment method for commissions.
4.2 Continuing Leadership
Any Stylist who sponsors another Stylist into Untamed Accessories must perform a bona fide assistance and training function to ensure that his/her organization is properly operating their Untamed Accessories business and that they are in full compliance with local and federal laws, and this Agreement. It is expected that Stylists will monitor the activities of their organizations and support full compliance with the Company’s polices contained within this Agreement. In any circumstances, where it is discovered by a Stylist that a member of their team may be in violation to this Agreement, they are to do all within their power to bring them back into compliance with this Agreement; if that is not possible or completed, they are to notify the Untamed Accessories Compliance Department immediately. Stylists are expected to support, train, and mentor other Stylists in the organization to help them build success. It is expected that sponsoring Stylists be available to be contacted, attend meetings, and support their organizations. Failure to do so will result in a lack of personal success within the Company.
4.3 Adherence to Hostess Rewards Program
The success of any party planning organization rests with the success of the Hostess. “Hostess” refers to someone who has agreed to hold a party for their friends and associates, and have invited an Untamed Accessories Stylist to offer product at their home or via an online party. Incentivizing a Hostess to hold a party at their home or online is key to the success of any organization. Therefore, Untamed Accessories has outlined the following as the minimum amount of compensation offered to Hostesses for hosting the party:
a. All Stylists are obligated to offer a 10% credit to the Hostess for the retail sales generated at their hosted party - preferably to be selected out of the inventory at the party (if the party is in-person and if the Stylist has inventory on hand). Hostesses of online parties will choose from current online inventory before the party is closed. The credit amount is determined from Retail Sales (not profit), and is exchanged for Retail Price. To support and offset the cost for the Stylist to adhere to this minimum offering for their Hostess, Untamed Accessories supplements a Stylist’s independent business with additional units that may be used to fill this obligation. Untamed Accessories strongly encourages Independent Stylists to increase and enhance their Hostess Rewards program for their own Hostesses – understanding that the more excited the Hostess is, the more excited the customers are, and the more sales are generated.
SECTION 5 – Bonuses and Commissions
5.1 Bonuses and Commissions
A Stylist must be active (accumulate a minimum of $50 in sales AND have logged into their back office within a commission period) be in good standing, and in compliance with the Agreement to qualify for bonuses and commissions. So long as the Stylist complies with the terms of the Agreement, Untamed Accessories shall pay commissions to qualified Stylists in accordance with the Compensation Plan and their qualifications. If at any time during a month a Stylist account is suspended for compliance or policy issues, their commission check for that month will be held until the Compliance Department determines a resolution to the issue. If it is found that there was no violation, the payment will be issued at that time. If the account is terminated as a result of proven violations, the commission will not be paid. The minimum amount for which a Stylist will be issued a payment is $20.00. If a Stylist’s earnings for the month total less than the aforementioned amount, those funds will be placed on their Affiliate account to be added to the next commission payout cycle. Once the minimum amount has accumulated, the standard payout process will be triggered. In the event that a payment must be reissued due to misinformation out of the control of Untamed Accessories, an additional $2.50 will be charged and taken from the payout amount.
5.2 Commission Times
Commissions are only paid in the form of direct deposit, Cashapp or Venmo and are paid as a whole payment in relation to the activity within the last previously closed commission period. Commission periods (and qualification periods) begin on Fridays at 12:00 AM EST, and conclude the evening of the following Thursday at 11:59 PM EST. After a commission period is closed, a monthly audit and commission calculation begins. Bonus Commission calculations will be posted (via your preferred payment method chosen) between the 15th and 20th of each month.
5.3 Compensation Plan Adjustment
Untamed Accessories reserves the right to make any adjustments necessary to the Compensation Plan at its sole discretion with 30 days prior notice in writing. Such notice would be made via e-mail, and through any notifications in the Virtual Back Office and Facebook group.
SECTION 6 – Warranties and Guarantees
6.1 Manufacturer Defects
Untamed Accessories only warrants against manufacturer defects.
6.2 Purchase Policy
Any Stylist who has an active account may purchase Untamed Accessories product at a discount as inventory to resell. Purchased Untamed Accessories product is the inventory of the Stylist, and is their responsibility to sell or move. Stylists should not purchase more than they reasonably believe they can resell. Upon purchase and opening of the product, the Stylist accepts the responsibility to sell that product, and remove any liability of Untamed Accessories to make any retail sales on their behalf. Product purchased for inventory carries no warranties and in most circumstances may not be returned and the purchasing Stylist accepts those liabilities.
6.3 Return Policy
As a result of the nature of the Untamed Accessories business, excess inventory from a show or a house party is not returnable. In relation to the nature of Untamed Accessories, fashion trends, and rotating inventory, once the product is purchased and is delivered, that item is not returnable unless it falls under the guidelines of “Manufacturer Defects” (see Section 6.1), and is identified within three days of receipt. Once a product package is no longer offered, returned inventory is no longer available to be restocked and therefore resold. Any excess products from a show or party that the Stylist may have ordered, are encouraged to be used at the next party or show or as Hostess gifts. As a result of the fast change of fashion, the potential handling of the product, and the inability to track single pieces, or to resell returned items that have already rotated out of the online catalogue, most jewelry that has been received may not be considered resalable, and therefore should not be requested to be returned.
6.4 Refused Deliveries
In any circumstance where an Untamed Accessories inventory order is refused at the door and returned to Untamed Accessories, the ordering Stylist will be liable for a $15.00 refusal fee as well as a 10% restocking fee to restock the unopened inventory. If an order is cancelled after it has left the warehouse, a $15 recall fee will be charged to the Stylist.
6.5 Sold Out Items
If an item that has been purchased by a customer sells out before an order is fulfilled, the Stylist and the customer will be notified via email. This email, along with the order’s packing slip, will list each item from the customer's order that has sold out. A refund for the difference will be issued to the customer and commissions for the Stylist will be adjusted accordingly.
6.6 Backordered Products
Products from Collections and Sets are the only product in our line that may be back ordered. If a customer makes a purchase and the item is on back order at the time, both the customer and the Stylist will be notified by email, and commissions from that sale may be held until the item has shipped to the customer.
6.7 Arbitration and Jurisdiction
Any dispute or claim arising from or relating to the Agreement (including these Policies and Procedures), or any other claim or grievance against Untamed Accessories in any form whatsoever, including but not limited to, economic losses, personal injury, property damage, will be subject to mediation at Untamed Accessories' corporate address using a neutral mediator of Untamed Accessories' choosing. In the event that Untamed Accessories and the Independent Stylist are unable to resolve their dispute through mediation, Untamed Accessories and the Independent Stylist will be subject to final and binding arbitration to be held in Putnam County, New York. The arbitration will take place before a panel of three arbitrators to be selected as follows: the Independent Stylist shall select one arbitrator, Untamed Accessories shall select one arbitrator, and the selected arbitrators will select the third arbitrator. The third arbitrator shall be an attorney. The party initiating the arbitration will identify its arbitrator in its written demand for arbitration to the other party. The other party shall identify its arbitrator within five (5) days of receipt of the notification of intent to arbitrate, and the third arbitrator must be selected within five (5) days of the appointment of the second arbitrator. Untamed Accessories shall pay the fees of its selected arbitrator, the Independent Stylist shall pay the fees of his/her selected arbitrator, and Untamed Accessories and the Independent Stylist shall pay equal shares of the third arbitrator’s fees. The dispute will be subject to rules of arbitration agreed upon by the majority vote of the arbitrators and will be communicated to the party within ten (10) days after the arbitration panel has been completed. The prevailing party in any arbitration proceeding shall be entitled to receive from the losing party all costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrators shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. The decision of the arbitrators shall be final, and there shall be no right to appeal such decisions in any court or judicial system. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in these Policies and Procedures shall prevent Untamed Accessories from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect Untamed Accessories' interest prior to, during, or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding. Additionally, any dispute a Stylist has with Untamed Accessories for any act or omission relating to or arising from this Agreement, must be brought within one year from the date of the alleged misconduct and by accepting this Agreement, said Stylist waive all claims that any other statute of limitation applies. Further, by accepting this agreement, the Stylist agrees and covenants not to file suit against Untamed Accessories, any of its affiliates, subsidiaries, officers, directors, or employees for any claim or grievance the Stylist may have arising from the status as an Independent Stylist of Untamed Accessories. Jurisdiction and venue of any matter not subject to arbitration shall reside in Putnam County, in the state of New York unless the laws of the state in which the Stylist resides expressly require the application of its laws, in which case that state’s law shall govern all issues related to jurisdiction and venue. The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of the State of New York shall govern all other matters relating to or arising from the Agreement unless the laws of the state in which a Stylist resides expressly require the application of its laws.
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To bring strength, independence, and empowerment to individuals and their families by building confidence and financial freedom through affordable fashion.
INTRODUCTION
1.1 Independent Stylist Agreement The Independent Stylist Agreement (Agreement) comprises of the following items, any formal agreement to such Independent Stylist Agreement or any action representing Untamed Accessories as an Independent Stylist (Stylist, Consultant or Untamed Accessories Consultant, Independent Consultant or Independent Stylist) through the purchase of product at wholesale price, participation of the Compensation Plan, or the retail of any Untamed Accessories product constitutes an agreement to abide by the following articles:
a. The Independent Stylist Agreement b. The Policies and Procedures (this document) c. The Untamed Accessories Compensation Plan.
When referring to the Independent Stylist Agreement or Agreement, it is referring to all of the documents and components as described above. All Independent Stylists of Untamed Accessories carry the responsibility to read all components of the Agreement, and to be compliant with all aspects of said Agreement. When sponsoring or enrolling a new Independent Stylists into Untamed Accessories, it likewise is their responsibility to become familiar with said Agreement and components thereof before signing the Independent Stylist Agreement or enrolling through an online form. It is the responsibility of all sponsoring Stylists to inform their new enrollments of the existence of these agreements, and that by enrolling as an Independent Stylist they are bound by such Agreements. In this document or any component of the Agreement, when referring to Untamed Accessories as a corporate structure, and any entities incorporated therein, they will be referred to by either “Company” or “Untamed Accessories.” Independent Stylist will determine the method, details and means of performing the services under the Agreement. Stylists shall take general direction from Untamed Accessories and abide by the policies and procedures set forth herein. Independent Stylist enters into this Agreement as, and shall continue to be, an independent contractor. Under no circumstances shall the Stylist look to Untamed Accessories as an employer, nor as a partner, agent, or principal. Stylist shall have no authority as agent or otherwise to act in the name of or on behalf of the Company or to bind the Company to any contract, agreement or other arrangement whatsoever. Stylist shall not be entitled to any benefits afforded to the Company’s employees including pension plan contributions, workers’ compensation, unemployment insurance, medical or disability insurance, vacation or sick pay.
1.2 Purpose of the Policies and Procedures
The purpose of this Agreement and these Policies and Procedures is to define the relationship between an Independent Stylist, other Independent Stylists, and/or the Company, and to clearly articulate the expected behavior and acceptable business conduct of all parties involved. By agreeing to the Independent Stylist Agreement and its components, the Independent Stylist is required to comply with it and its components, as well as with all federal, state, and local laws governing the Independent Consultant’s business activities. If there are any questions in relation to the Independent Stylist Agreement, all Independent Stylists have their Sponsor and the Untamed Accessories Support staff available to them for assistance.
1.3 Changes to the Agreement
Untamed Accessories reserves the right to amend the Agreement and any or all of its components, as well as its prices and commissionable volume levels, at its sole and absolute discretion. By executing or agreeing to the Stylist Agreement or any of its components, a Stylist agrees to abide by all amendments or modifications that Untamed Accessories elects to make. Amendments shall be effective upon notice (or a reasonable attempt to notify) to all Stylists that the Agreement or any of its components have been modified. Notification of amendments shall be published in any official capacity by Untamed Accessories. Untamed Accessories shall provide or make available to all Stylists a complete copy of the amended provisions by one or more of the following methods: (1) posting on the Company’s official website; (2) electronic mail (e-mail); (3) inclusion in any Company publications; (4) posting in the Consultant’s social Media group or (5) any special mailings. The continuation of a Stylists' Untamed Accessories business, activity, purchases, or sale of Untamed Accessories product, as well as any acceptance of bonuses or commissions constitutes acceptance and agreement of any and all amendments to the Agreement, any of its components, and the updated documents in their entirety. If any amendments or modifications to this Agreement are not acceptable to the Stylist, they have 30 (thirty) days from the Agreement’s original publication date to notify the Company and request the termination of their Stylist Agreement and Account.
1.4 Business Delays Beyond Untamed Accessories Control
Untamed Accessories is not responsible for any or all delays or failures in the performance of its obligations when such performance is made commercially impractical due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, natural disasters, death, curtailment of a party’s sources of supply, or government decrees or orders. This also applies to third party vendors of Untamed Accessories and limitations within their services, including but not limited to delivery of packages or product, or any other feature, function, or service that is not expressly within the Company’s control.
1.5 Invalid or Unenforceable Policies
If any part of the Agreement is held to be invalid or unenforceable, only that invalid or unenforceable portion may be removed and the remainder of the Agreement shall remain intact and in force.
1.6 Compliance Enforcement
The Company never gives up its right to insist on the Independent Stylist’s compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of Untamed Accessories to exercise any right or power under the Agreement or to insist upon strict compliance by a Stylist with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of Untamed Accessories' right to demand exact compliance with the Agreement or any components thereof. Waiver by Untamed Accessories can be effectuated only in writing by an authorized officer of the Company. Untamed Accessories' waiver of any particular breach by a Stylist shall not affect or impair Untamed Accessories' rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other Stylist. Nor shall any delay or omission by Untamed Accessories to exercise any right arising from a breach affect or impair Untamed Accessories' rights as to that or any subsequent breach. The existence of any claim or cause of action of a Stylist against Untamed Accessories shall not constitute a defense to Untamed Accessories' enforcement of any term or provision of the Agreement. Any action or enforcement taken by Untamed Accessories in relation to a compliance issue will be addressed solely between Untamed Accessories and the parties involved. There is no requirement of notification to any other parties as to the outcome of such an investigation.
SECTION 2 – Becoming a Consultant
2.1 Requirements to Become a Consultant
To become an Untamed Accessories Stylist, each applicant must:
a. Be of the age of majority in your state of residence, or 18 years of age;
b. Reside in the United States;
c. Have a valid Social Security Number (SSN) or Federal Tax ID Number (EIN);
d. Read and agree to abide by the Company’s Independent Stylist Agreement and all components therein; e. Complete Affiliate Portal Profile.
f. Complete and submit (physically or electronically) an Independent Stylist Application and Agreement to Untamed Accessories. New Stylists may enroll online through the company’s official website or an Independent Stylist’s personal replicated website. An application with any secured or protected information, such as a Social Security Number or Employer Identification Number and credit card information, represents the personal application and agreement for such actions from the principle of such secured information. An existing Untamed Accessories Stylist must not fill out, sign, or accept the Agreement on behalf of another Untamed Accessories' Stylist.
Untamed Accessories reserves the right to reject or deny any new Stylist Agreement or Application, and/or to reject any Agreement after its execution for any violation of policy as documented by this Agreement.
2.3 Stylist Enrollment Fee
To enroll, an Untamed Accessories Stylist need only to complete this Independent Stylist Agreement and Affiliate Profile in their entirety. There is no enrollment fee to pay and no start up kit to purchase.
2.4 Maintaining Consultant Status
After the initial application process, maintaining an Independent Stylist status and placement within the Untamed Accessories commission tree structure is contingent upon the following things:
a. Adhering to and maintaining all published policies, agreements, and components thereof (be in good standing);
b. Log in to your back office or share your personal links for three (3) consecutive calendar months (in other words, if you have neither logged into your back office or shared your affiliate link for three consecutive months, you will be considered inactive and your account will be disabled;
c. Be up-to-date on any invoices, owing balances, or retractions.
If at any point any of the items documented above are not maintained, the account will be terminated, and the position will be removed from the commission tree structure. At this point, the Stylist will lose all claim, rights, and privileges associated with the former position or account. If at any point a terminated Stylist wishes to re-engage as a Stylist of Untamed Accessories in good standing, the individual may reapply and, pending approval, may be reenrolled into the organization. Reapplying Stylists will not be placed in previous locations within the commission tree or gain any of their former privileges associated with their former position.
2.5 Qualifications for Inclusion in Stylist Search and Referral
In order for a Stylist to be included in the Stylist Search and referral program, that Stylist must have been active the prior month. To be considered active is to have accumulated at least $25 in retail sales the prior month. Eligible Consultants are chosen at random in the program and will not be listed in any particular order even if they meet the qualifications.
SECTION 3 – Stylist Relationship with Untamed Accessories
3.1 Independent Contractor Status
When a Stylist joins Untamed Accessories, they are an Independent Stylist, or independent contractor. They do not purchase a franchise or business opportunity, and the agreement between the Independent Stylist and Untamed Accessories does not create an employer/employee relationship, partnership, or joint venture. As a result, the Independent Stylist is solely responsible for paying all local, state, and federal taxes owed from any compensation earned, in the form of retail profits retained at the sale of all product or the bonus/commission plan offered by Untamed Accessories. Untamed Accessories will not withhold any FICA or taxes of any kind from any commission or bonuses paid out. Independent Stylists are in complete control of the means by which they operate their Untamed Accessories business. They will establish their own goals, hours, parties, shows, and methods of sale – within compliance with this Agreement and applicable laws. They are solely responsible for paying all expenses incurred in the development of their business and are not authorized to incur any debt or obligation on behalf of or in the name of Untamed Accessories or other Stylists or to open any financial account on behalf of, for, or in the name of Untamed Accessories. The success of their Untamed Accessories business is the sole responsibility of the Independent Stylist.
3.2 Income Taxes
As an independent contractor, Independent Stylists will receive an IRS Form 1099 (Non-Employee Compensation) earnings statement if they are a U.S. resident that has earnings of over $600 paid from Untamed Accessories in the previous calendar year.
The Independent Stylist is solely responsible for paying local, state, and federal taxes on any income generated as an Independent Stylist. A copy of all IRS Form 1099s that are generated as a result of the criteria above will be remitted and sent to the United States Internal Revenue Service for the applicable tax year. If at any point the Federal Tax Information (name, SSN, EIN, etc.) provided by the Independent Consultant is wrong or contains an error, Untamed Accessories may hold all future earnings until the error is rectified within Untamed Accessories' records and the correction is remitted to the IRS; in these circumstances, pending the severity of error, the Stylist may be subject to be liable for any fines incurred by excessive errors submitted to the IRS.
3.3 Limitations of Liability
By signing or agreeing to the Independent Stylist Agreement or any component thereof, the Stylist agrees to release, discharge, and hold harmless Untamed Accessories, and anyone directly affiliated with Untamed Accessories (employees, officers, etc.) from any loss or damages, including costs and fees, incurred or suffered by you as a result of:
a. The Independent Contractor’s breach of the Agreement (including these policies);
b. The improper promotion or operation of the Untamed Accessories opportunity, business, or related activities;
c. Any incorrect data or information provided by a Stylist to Untamed Accessories;
d. Any incorrect data or display information displayed by the Virtual Back Office;
e. The Stylist’s failure to provide any information to Untamed Accessories that may be necessary for Untamed Accessories to operate its business; or
f. The Stylist’s failure to execute their personal business strategy.
3.4 Roll-Up of Downline Organization
When a vacancy occurs in a downline organization due to the voluntary termination of an Untamed Accessories business, all Stylists or positions shift up one level in order to fill that vacancy within the organization or commission tree. This process and the removal of the terminated position is at the sole discretion and approval of the company, and may take up to three months to review. Roll-up of downline organization may not be approved in circumstances where there is any manipulation in the roll-up or termination process, or there is a significant rank advancement or commission increase that will occur as a result of such roll-up. In circumstances where roll-up of the downline organization is not approved, the vacant position will still be terminated, and will remain empty until the company deems necessary. When an account is terminated involuntarily by the Company, for any reason, and the original position had generated a total commission earning in excess of $50, the position will not be removed from the organization and the proceeding downline will not be “rolled-up.” This is due to the potential consequences as detailed above in such moves. The position will remain there, but be deemed inactive. As a result of compression in the Untamed Accessories Compensation Plan, it is anticipated that this activity will not negatively affect commission payout through the Unilevel program, however it will keep organizational leg structure intact, and minimize potential manipulation within the organization.
3.5 Transfer Upon Death of a Consultant
To affect a transfer upon the death of a Stylist, the claimant will need to provide the following:
a. Copy of the death certificate;
b. Notarized letter or legal instrument establishing the rightful successor; and
c. Completion of a new Stylist Agreement
3.6 Indemnification
A Stylist is fully responsible for all of his/her verbal and written actions or statements made regarding Untamed Accessories products and the Untamed Accessories Marketing and Compensation Opportunity that are not expressly contained with official Untamed Accessories materials. Stylists agree to indemnify Untamed Accessories and Untamed Accessories directors, officers, agents, and employees and hold them harmless from any liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by Untamed Accessories as a result of the Stylist’s unauthorized representations or actions. This provision shall survive the termination of the Agreement.
3.7 Claims
Stylists may not make any claims in relation to the product or income generated by Untamed Accessories.
3.8 Consultant Support and Responsibilities to Retail Customers
The Untamed Accessories Support team provides services for enrolled or enrolling Untamed Accessories Independent Stylists. Untamed Accessories Support also offers services to Retail Customers of Untamed Accessories Stylists who make online purchases through the official Untamed Accessories website. Stylists are responsible for providing support and services for their customers who purchase directly from them.
3.9 Untamed Accessories Right to Data
Untamed Accessories reserves the right to store acquired data from the Stylist. They also maintain the right to own, share, or display such data (excluding secure data) within reasonable means to increase the business of the Stylist, or the offering of Untamed Accessories. This right includes sharing contact information, general location information, success information, or any other reasonable data through appropriate mediums, such as the Untamed Accessories website, replicated sites, web based communication, letters, telephone, or other accepted mediums of communication. Untamed Accessories commits to protect the integrity of such data to the full extent it is reasonably capable of doing, and to avoid selling or distributing any sensitive information with organizations or persons that are in-line with the mission and goals of Untamed Accessories, or that is in the reasonable welfare of their Stylists.
3.10 Disparaging Remarks
Stylists may not use disparaging remarks in relation to Untamed Accessories corporate staff, employees, directors, officers, or any other representative of Untamed Accessories, including but not limited to other Independent Stylists. Stylists are to conduct their business with positivity and in a manner that uplifts everyone. Comments made by Stylists that may be negative in nature and relate to others potentially damage their own business, the businesses of others, and the Untamed Accessories brand. Stylists should be courteous, polite, and always seek an amicable resolution to any disagreement or dispute.
Owners of social media sites, forums, blogs, or community pages are responsible to ensure that all messaging and content by contributors to those pages remain positive, uplifting, and supportive of the Untamed Accessories business, operators, Stylists, and programs. All comments made on any such sites are the sole responsibility of the owner to monitor, and any violation or disparaging comments made on such forums, will also be the responsibility of the site owner or manager as if they were made by them directly.
3.11 Untamed Accessories Code of Conduct
Untamed Accessories Stylists are expected to present themselves in a manner that is representative of the clean and uplifting culture of Untamed Accessories. This includes, but is not limited to, language, dress, appearance, and conduct. Untamed Accessories reserves the right to exclude any Stylist from any event for violation of this code.
SECTION 4 – Operating an Untamed Accessories Business
4.1 Adherence to the Untamed Accessories Marketing and Compensation Plan
Stylists must adhere to all published Untamed Accessories Marketing and Compensation Plan literature. Untamed Accessories Stylists may not offer Untamed Accessories products or opportunity in conjunction with any other system, program, or method of marketing other than that which is set forth in the published Untamed Accessories Marketing literature. Stylists may not enforce, require, or encourage Customers or other Stylists to execute any agreement other than the official Independent Stylist Agreement.
4.2 General Advertising
Untamed Accessories Stylists shall safeguard and promote the good reputation of Untamed Accessories and its products. The marketing of Untamed Accessories products, opportunity, compensation plan, and marketing shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, slanderous, unethical or immoral conduct or practices. Any personalized promotional material or advertising attempt must be approved by Untamed Accessories and its legal department to ensure that there are no claims or violations to the Untamed Accessories trademark, namesake, or other legal issues. Stylists are not permitted at any time to make any income claims in relation to the Untamed Accessories opportunity. All labels, trademarks, logos, names or titles, must include the title “Independent Stylist” prominent enough to easily identify that the Stylist represents their own business and not Untamed Accessories as a whole or as a corporation.
4.3 Use of Untamed Accessories Name
Stylists may not use the Untamed Accessories name or any of its registered trademarks, names, services, or products in any personalized or personally owned businesses, webpage addresses, e-mail address domains, or internet domain registration. Stylists, or anyone, may not use Untamed Accessories trademarks, designs, or symbols, without its express prior written permission. Stylists may not record Untamed Accessories sponsored Company events, speeches, conference calls, or any other event or function through any medium without the prior written consent from Untamed Accessories. Stylists may only use the Untamed Accessories name in casual communication (i.e. social media communication, online forums, blogs, email addresses, etc.) under the following considerations: (1) it is with the intention of building their Untamed Accessories business, (2) when there are no plural terms used in the title of use of the Untamed Accessories name, so as to not represent a group of individuals, and (3) there is a specific individual identifier clearly indicating not only the use of it by an Independent Stylist, but which independent Stylist is using the term (such as Stylist Identification Number or name).
4.4 Untamed Accessories Brand
At no time may a Stylist re-label or remove the label of any Untamed Accessories product for retail sale. Such relabeling or repackaging would violate this Agreement and governing laws, which could result in severe criminal penalties. Civil liabilities may also result when the persons using the products suffer any type of injury or their property is damaged as a consequence of the repackaging or relabeling of products. Any media inquiries in relation to Untamed Accessories must be responded to by Untamed Accessories' Communications Department and corporate headquarters, and Stylists should not attempt to respond to any inquiries without express written permission to do so.
4.5 Use of the Untamed Accessories Logo
Stylists may use the Untamed Accessories Logo which is available to all Stylists online; as long as they do not alter or distort the logo in any way. Stylists may make any tools, or accessories necessary for them to build their business using the Untamed Accessories Independent Stylist logo, for personal use or consumption. No Stylist may create and then sell, distribute, or promote, any items with the Independent Stylist logo to other Stylists, members of their teams, or anyone else.
4.6 International Sales
Stylists are only allowed to sell the Untamed Accessories products and opportunity within the United States, and those countries that Untamed Accessories has announced they are officially launched in (currently only the United States, including Puerto Rico and US Virgin Islands).
4.7 Stylist Release
By agreeing to the Agreement or any of its components, the Independent Stylist authorizes Untamed Accessories to use their name, testimonials, likeness, or experiences in Untamed Accessories advertising or promotional material with no remuneration. Further, any reproduction of any photos, images, testimonials, stories, conversations, or documentation that is created by or provided by Untamed Accessories to the company is also authorized for reproduction in any form without remuneration.
4.8 Unsolicited Communication
Independent Stylists may not initiate any unsolicited communication (faxes, e-mails, phone, etc.) to anyone whom they are not personally aware of (or to people they do not know).
4.9 Online Activity
Independent Stylists may not use any online forum (eBay, Amazon, Mercari, classifieds, Craigslist, or any other online retail tool) to bundle, distribute, or sell Untamed Accessories products. Independent Stylists are not allowed to use a mass e-mailer or generate “SPAM” for their Untamed Accessories Business. Social media or networking is permitted for the intention of developing a warm market, or networking with current associates, but is not permitted for the direct sale or distribution of Untamed Accessories product. Stylists are not allowed to recruit through any Untamed Accessories Corporate social media page, or through any social media page that does not directly belong to that Stylist. This also includes directly contacting someone through instant messages or e-mails that were found through a social media site not directly owned by that Stylist.
Violation of this policy can result in termination, as potential Stylists who are interested in doing Untamed Accessories can quickly become disinterested through heavy online recruiting activities. Any and all online activity of Stylists with the intention of promoting Untamed Accessories must be appropriately designated as an “Independent Stylist.” In accordance to our policies set forth, Untamed Accessories products must not be displayed or sold alongside any other product(s). This policy extends to all online forums including but not limited to websites, shopping carts, and social media platforms.
4.10 Recruiting or Enrolling Promotions
At no point may a Stylist advertise or promote an enrolling or recruiting promotion in which there is an enrollment fee. This includes, but is not limited to, offering discounted products, reimbursements, cash offers for enrollment, extra personal inventory, or anything else that is seen to increase the value or decrease the value of the enrollment process. This activity is often seen as an attempt to create an unfair advantage to other Stylists.
4.11 Parties, Fairs, Expositions, and Other Temporary Sales Forums
Parties, fairs, expositions, and other temporary sales forums represent good opportunities to both sell product and expose a population of people to the Untamed Accessories lifestyle, culture, product, and business opportunity. Untamed Accessories does not have any control over the business practices or the behaviors of the event organizers, hostess home environments, or managers at the event; and Untamed Accessories has no intention of mediating within these environments. Therefore, Untamed Accessories requests that all Stylists who wish to participate in these activities adhere to the following, and acknowledge the same through this Agreement:
a. All transactions are on a cash-and-carry basis, or through an independently established merchant account provider. Untamed Accessories will not process credit card charges, or accept funds on behalf of an Independent Independent Stylist unless at an Untamed Accessories sponsored event and such is permitted. Untamed Accessories does not issue or accept any liability for the decline of charges, chargebacks, lost cash, or any other transaction difficulties that may take place at such events. All transactions for retail product are the sole responsibility of the Independent Stylist.
b. Untamed Accessories does not offer or accept any liability insurance for any home party, meeting, booth, bazaar, seminar, show, or any other event or sales location initiated by the Independent Stylist. Such events are the Independent Consultant’s meetings, and therefore all liabilities and ownership are the Stylist’s responsibility.
c. Only one Untamed Accessories booth is allowed per show or event. It is the Stylist’s responsibility to check with the show managers or promoters to ensure that there are no Untamed Accessories Stylists contracted before space is contracted.
d. Untamed Accessories show booths must exclusively offer Untamed Accessories. Untamed Accessories may not be mixed with any other products or offerings within a show booth.
e. The Stylist must make it known to the show managers and promoters that he or she is an Untamed Accessories Stylist and that he or she can be the only Untamed Accessories Stylist present at the event. This must be done in writing. Failure to obtain written acknowledgement from the show manager or promoter that they understand this policy minimizes the Stylists' ability to mediate any potential issues that may arise
f. If there are any disputes in relation to this policy, and there is more than one Stylist selling Untamed Accessories products at a show, the challenging Stylist must take it up with the show promoter or manager with whom they contracted the space in an effort to resolve the issue. Untamed Accessories will not mediate such disputes.
g. The Stylist may offer a sale, deal, or promotion at a show any merchandise they have received for free as promotion or have purchased at wholesale via value packs.
h. No competing jewelry or similar products may be offered alongside or in the same booth as Untamed Accessories products in order to maintain its good name, and to minimize comparison with inferior products.
i. The Independent Stylist, or an agent thereof, must attend all hostess parties, home parties, show booths, or events that they are sponsoring or supporting (gaining retailing product at). The booth or party may never be left unattended at any time, or with someone who is not an Untamed Accessories Stylist.
3.12 Change of Sponsor or Placement
To protect the integrity of all marketing organizations and the hard work of all Stylists within the organization, Untamed Accessories will seldom allow changes to the sponsorship or placement of another Stylist or organization. Maintaining the integrity of the sponsorship and placement trees is critical for the success of every Stylist and marketing organization. Accordingly, the transfer of an Untamed Accessories business from one position to another is rarely permitted. Requests for a change of Sponsor or Placement within an organization must be submitted in writing to the Untamed Accessories Corporate Office in writing via email ([email protected]), and must include the reason for the request. Transfers will only be considered in the following circumstances:
a. Cases involving fraudulent or unethical sponsoring. All requests of this nature must be made with 60 days of the alleged activity;
b. Stylists may terminate their positions voluntarily, wait the required 3 (three) months, and then re-enroll within the desired organization;
or c. The request is made and received within 72 hours of the initial enrollment or placement.
It will be left to the sole discretion of Untamed Accessories whether any downline or team members may be moved in the process of such requests. At no time will a request be approved if it directly affects the ranking or significantly affects the monetary rewards from an organization (as a result of the move itself). There is a $25 non-refundable fee to investigate any requested changes.
If at any time an Independent Stylist is deemed inactive for a period of three consecutive months, that Independent Stylist forfeits all rights to have their approval required for any requested changes within their organization, at the discretion of the Company.
3.13 Solicitation
During the term of this Agreement, and for 12 months after the termination of a Stylist's account, a Stylist may not solicit, recruit, or attempt to recruit other Untamed Accessories Stylists to any other network marketing, direct sales or affiliate business.
3.14 Fraudulent Behavior
Stylists and the hostesses they work with are obligated to work in an ethical, fair, and honest manner. If a Stylist's behavior or interactions are dishonest or fraudulent in any way, they will be immediately suspended, investigated, and potentially terminated. It is also expected that Stylist uphold all agreements, contracts, or obligations entered into with any other party, through the course of building their Untamed Accessories business.
SECTION 4 – RESPONSIBILITES OF STYLISTS
4.1 Change of Address, Telephone, or Contact Information
To avoid any disruption in business practices, the Stylist is responsible to notify the Company of any changes to the contact information provided on the Stylist’s account. Most changes can be made online, but can also be done via phone. A Post Office Box (P.O. Box) is acceptable for a billing address, but not acceptable for a shipping address. Untamed Accessories is not held liable for missing shipments, commission payments, or any action or delayed response as a result of inaccurate or outdated contact information on the Stylist’s account. This includes name, billing address, shipping address, telephone numbers, texting numbers, email address, and any other means of communication possible, as well as
preferred payment method for commissions.
4.2 Continuing Leadership
Any Stylist who sponsors another Stylist into Untamed Accessories must perform a bona fide assistance and training function to ensure that his/her organization is properly operating their Untamed Accessories business and that they are in full compliance with local and federal laws, and this Agreement. It is expected that Stylists will monitor the activities of their organizations and support full compliance with the Company’s polices contained within this Agreement. In any circumstances, where it is discovered by a Stylist that a member of their team may be in violation to this Agreement, they are to do all within their power to bring them back into compliance with this Agreement; if that is not possible or completed, they are to notify the Untamed Accessories Compliance Department immediately. Stylists are expected to support, train, and mentor other Stylists in the organization to help them build success. It is expected that sponsoring Stylists be available to be contacted, attend meetings, and support their organizations. Failure to do so will result in a lack of personal success within the Company.
4.3 Adherence to Hostess Rewards Program
The success of any party planning organization rests with the success of the Hostess. “Hostess” refers to someone who has agreed to hold a party for their friends and associates, and have invited an Untamed Accessories Stylist to offer product at their home or via an online party. Incentivizing a Hostess to hold a party at their home or online is key to the success of any organization. Therefore, Untamed Accessories has outlined the following as the minimum amount of compensation offered to Hostesses for hosting the party:
a. All Stylists are obligated to offer a 10% credit to the Hostess for the retail sales generated at their hosted party - preferably to be selected out of the inventory at the party (if the party is in-person and if the Stylist has inventory on hand). Hostesses of online parties will choose from current online inventory before the party is closed. The credit amount is determined from Retail Sales (not profit), and is exchanged for Retail Price. To support and offset the cost for the Stylist to adhere to this minimum offering for their Hostess, Untamed Accessories supplements a Stylist’s independent business with additional units that may be used to fill this obligation. Untamed Accessories strongly encourages Independent Stylists to increase and enhance their Hostess Rewards program for their own Hostesses – understanding that the more excited the Hostess is, the more excited the customers are, and the more sales are generated.
SECTION 5 – Bonuses and Commissions
5.1 Bonuses and Commissions
A Stylist must be active (accumulate a minimum of $50 in sales AND have logged into their back office within a commission period) be in good standing, and in compliance with the Agreement to qualify for bonuses and commissions. So long as the Stylist complies with the terms of the Agreement, Untamed Accessories shall pay commissions to qualified Stylists in accordance with the Compensation Plan and their qualifications. If at any time during a month a Stylist account is suspended for compliance or policy issues, their commission check for that month will be held until the Compliance Department determines a resolution to the issue. If it is found that there was no violation, the payment will be issued at that time. If the account is terminated as a result of proven violations, the commission will not be paid. The minimum amount for which a Stylist will be issued a payment is $20.00. If a Stylist’s earnings for the month total less than the aforementioned amount, those funds will be placed on their Affiliate account to be added to the next commission payout cycle. Once the minimum amount has accumulated, the standard payout process will be triggered. In the event that a payment must be reissued due to misinformation out of the control of Untamed Accessories, an additional $2.50 will be charged and taken from the payout amount.
5.2 Commission Times
Commissions are only paid in the form of direct deposit, Cashapp or Venmo and are paid as a whole payment in relation to the activity within the last previously closed commission period. Commission periods (and qualification periods) begin on Fridays at 12:00 AM EST, and conclude the evening of the following Thursday at 11:59 PM EST. After a commission period is closed, a monthly audit and commission calculation begins. Bonus Commission calculations will be posted (via your preferred payment method chosen) between the 15th and 20th of each month.
5.3 Compensation Plan Adjustment
Untamed Accessories reserves the right to make any adjustments necessary to the Compensation Plan at its sole discretion with 30 days prior notice in writing. Such notice would be made via e-mail, and through any notifications in the Virtual Back Office and Facebook group.
SECTION 6 – Warranties and Guarantees
6.1 Manufacturer Defects
Untamed Accessories only warrants against manufacturer defects.
6.2 Purchase Policy
Any Stylist who has an active account may purchase Untamed Accessories product at a discount as inventory to resell. Purchased Untamed Accessories product is the inventory of the Stylist, and is their responsibility to sell or move. Stylists should not purchase more than they reasonably believe they can resell. Upon purchase and opening of the product, the Stylist accepts the responsibility to sell that product, and remove any liability of Untamed Accessories to make any retail sales on their behalf. Product purchased for inventory carries no warranties and in most circumstances may not be returned and the purchasing Stylist accepts those liabilities.
6.3 Return Policy
As a result of the nature of the Untamed Accessories business, excess inventory from a show or a house party is not returnable. In relation to the nature of Untamed Accessories, fashion trends, and rotating inventory, once the product is purchased and is delivered, that item is not returnable unless it falls under the guidelines of “Manufacturer Defects” (see Section 6.1), and is identified within three days of receipt. Once a product package is no longer offered, returned inventory is no longer available to be restocked and therefore resold. Any excess products from a show or party that the Stylist may have ordered, are encouraged to be used at the next party or show or as Hostess gifts. As a result of the fast change of fashion, the potential handling of the product, and the inability to track single pieces, or to resell returned items that have already rotated out of the online catalogue, most jewelry that has been received may not be considered resalable, and therefore should not be requested to be returned.
6.4 Refused Deliveries
In any circumstance where an Untamed Accessories inventory order is refused at the door and returned to Untamed Accessories, the ordering Stylist will be liable for a $15.00 refusal fee as well as a 10% restocking fee to restock the unopened inventory. If an order is cancelled after it has left the warehouse, a $15 recall fee will be charged to the Stylist.
6.5 Sold Out Items
If an item that has been purchased by a customer sells out before an order is fulfilled, the Stylist and the customer will be notified via email. This email, along with the order’s packing slip, will list each item from the customer's order that has sold out. A refund for the difference will be issued to the customer and commissions for the Stylist will be adjusted accordingly.
6.6 Backordered Products
Products from Collections and Sets are the only product in our line that may be back ordered. If a customer makes a purchase and the item is on back order at the time, both the customer and the Stylist will be notified by email, and commissions from that sale may be held until the item has shipped to the customer.
6.7 Arbitration and Jurisdiction
Any dispute or claim arising from or relating to the Agreement (including these Policies and Procedures), or any other claim or grievance against Untamed Accessories in any form whatsoever, including but not limited to, economic losses, personal injury, property damage, will be subject to mediation at Untamed Accessories' corporate address using a neutral mediator of Untamed Accessories' choosing. In the event that Untamed Accessories and the Independent Stylist are unable to resolve their dispute through mediation, Untamed Accessories and the Independent Stylist will be subject to final and binding arbitration to be held in Putnam County, New York. The arbitration will take place before a panel of three arbitrators to be selected as follows: the Independent Stylist shall select one arbitrator, Untamed Accessories shall select one arbitrator, and the selected arbitrators will select the third arbitrator. The third arbitrator shall be an attorney. The party initiating the arbitration will identify its arbitrator in its written demand for arbitration to the other party. The other party shall identify its arbitrator within five (5) days of receipt of the notification of intent to arbitrate, and the third arbitrator must be selected within five (5) days of the appointment of the second arbitrator. Untamed Accessories shall pay the fees of its selected arbitrator, the Independent Stylist shall pay the fees of his/her selected arbitrator, and Untamed Accessories and the Independent Stylist shall pay equal shares of the third arbitrator’s fees. The dispute will be subject to rules of arbitration agreed upon by the majority vote of the arbitrators and will be communicated to the party within ten (10) days after the arbitration panel has been completed. The prevailing party in any arbitration proceeding shall be entitled to receive from the losing party all costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrators shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. The decision of the arbitrators shall be final, and there shall be no right to appeal such decisions in any court or judicial system. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in these Policies and Procedures shall prevent Untamed Accessories from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect Untamed Accessories' interest prior to, during, or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding. Additionally, any dispute a Stylist has with Untamed Accessories for any act or omission relating to or arising from this Agreement, must be brought within one year from the date of the alleged misconduct and by accepting this Agreement, said Stylist waive all claims that any other statute of limitation applies. Further, by accepting this agreement, the Stylist agrees and covenants not to file suit against Untamed Accessories, any of its affiliates, subsidiaries, officers, directors, or employees for any claim or grievance the Stylist may have arising from the status as an Independent Stylist of Untamed Accessories. Jurisdiction and venue of any matter not subject to arbitration shall reside in Putnam County, in the state of New York unless the laws of the state in which the Stylist resides expressly require the application of its laws, in which case that state’s law shall govern all issues related to jurisdiction and venue. The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of the State of New York shall govern all other matters relating to or arising from the Agreement unless the laws of the state in which a Stylist resides expressly require the application of its laws.
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