STYLE DOTS BOUTIQUE PARTNER AGREEMENT
1. Authorisation and Contract. By executing the Style Dots Boutique Partner Agreement (“BP Agreement”), you apply for legal authorisation to become a Style Dots business owner (boutique partner) and enter into contract with A to Z Holdings PTY LTD trading as Style Dots Australia. To maintain your boutique partner status, Style Dots Australia requires the boutique partner comply with any code of practice or policies provided from time to time. Style Dots Boutique Partners must use their best efforts to ensure their downline organisation comply with such Codes and Policies. Style Dots reserves the right to reject any application for any reason within 30 days of receipt. You can enter into this agreement as either an individual or a company, and while this agreement remains in effect, but with no obligation do so, to seek orders and to sell products of Style Dots anywhere in Australia. The Style Dots Boutique Partner will purchase Style Dots products for the purposes of on-sale subject only to prevailing consumer protection laws. To the maximum extent permitted by law Style Dots Australia excludes all liability for any on-sale of products from, or representations made, or warranties given by the Boutique Partner to the consumer to the consumer other than those made, or the warranties contained in Style Dots Australia printed literature.
2. Payments and Pricing. All commission and bonus payments will be made in accordance with the Style Dots Australia Compensation Plan as amended from time to time. The prices charged by Style Dots Australia to the Boutique Partner will be the Style Dots Australia List Price less any rebate entitlement at the time of order. The list price will be the recommended retail price (inclusive of GST) or monthly special price.
3. Expiration, Renewal, and Termination. The term of this Agreement is one year (subject to prior cancellation or disqualification as provided in the Policies and Procedures). If you fail to annually renew your Style Dots business, or if it is cancelled or terminated for any reason, you understand that you will permanently lose all rights as a Boutique Partner. You shall not be eligible to sell Style Dots products and services nor shall you be eligible to receive royalties, bonuses, or other income resulting from the activities of your former downline sales organisation. In the event of cancellation, termination or nonrenewal, you waive all rights you have, including but not limited to property rights, to your former downline organisation and any bonuses, commissions or other remuneration derived through the sales and other activities of your former down line organisation. Style Dots reserves the right to terminate all Boutique Partner Agreements upon 30 days notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and/or services via direct selling channels. Boutique Partner may cancel this Agreement at any time, and for any reason, upon written notice to Style Dots at its principal business address. Style Dots may cancel this Agreement for any reason upon 30 days advance written notice to Boutique Partner. Style Dots may also take actions short of termination of the Agreement, if the Style Dots Boutique Partner breaches any of its provisions.
4. Independent Contractor Status. You agree this authorisation does not make you an employee, agent, or legal representative of Style Dots or your Sponsoring Boutique Partner. As a self-employed independent contractor, you will be operating your own independent business, buying and selling products available through Style Dots on your own account. You have complete freedom in determining the number of hours that you will devote to your business, and you have the sole discretion of scheduling such hours. As an independent boutique partner, you acknowledge you are responsible for your own taxes on any payment or benefit received from Style Dots Australia and all expenses related to your business. You agree you will make no claim or demand upon Style Dots Australia in relation to payment of wages, workers compensation insurance, superannuation, taxation, sick leave, holiday leave, parental or other leave that the boutique partner shall at all times ensure compliance with legislative requirements in relation to the conduct of their own business.
5. Refunds and Product Returns. You agree that if you resell Product directly to a client, you will adhere to Style Dots’ 100% satisfaction guarantee policy and shall provide the customer a full refund of all monies paid if the customer returns the product to you within thirty (30) days of the sales transaction. If you are not 100% satisfied with our products, you may return the items for a refund if neither you nor we have terminated the Agreement and the products were purchased within thirty days and remain in resalable condition. The refund shall be 90% of the purchase price. Shipping and handling charges incurred will not be refunded. With promotional and seasonal items, there may not be an available refund opportunity. In these circumstances, this will be clearly communicated at the point of sale.
6. Presenting the Plan. You agree when presenting the Style Dots Compensation Plan to present it in its entirety as outlined in official Style Dots materials, emphasising that sales to clients are required to receive compensation in the form of bonuses on downline volume. In presenting the plan to prospects, you agree not to utilise any literature, materials or aids not produced or specifically authorised in writing by Style Dots Australia.
7. Style Dots’ Proprietary Information and Trade Secrets. You recognise and agree that, as further set forth in the Policies and Procedures, information compiled by or maintained by Style Dots, including Line of Sponsorship (LOS) information (i.e. information that discloses or relates to all or part of the specific arrangement of sponsorship within the Style Dots business including, without limitation, Boutique Partner lists, sponsorship trees, and all Style Dots Boutique Partner information generated there from, in its present or future forms), constitutes a commercially advantageous, unique and proprietary trade secret of Style Dots, which it keeps as proprietary and confidential and treats as a trade secret. During the term of your contract with Style Dots, Style Dots grants you a personal, non- exclusive, non-transferable and revocable right to use trade secret, confidential, and proprietary business information (Proprietary Information), which includes, without limitation, LOS information, business reports, manufacturing and product developments, and Boutique Partner sales, earnings and other financial reports to facilitate your Style Dots business.
8. Non-Competition Agreement. In accordance with the Policies and Procedures, you agree that during the period while you are a Boutique Partner, and for six months following resignation, non- renewal, or termination of your business, you will not compete with Style Dots Australia. This covenant shall survive the expiration or termination of your authorisation and contract with Style Dots Australia.
9. Non-Solicitation Agreement. In accordance with the Policies and Procedures, you agree that during the period while you are a Boutique Partner, and for one calendar year following resignation, non- renewal, or termination of your business, you will not encourage, solicit, or otherwise attempt to recruit or persuade any other Style Dots Boutique Partner to compete with the business of Style Dots Australia.
10. Images / Recordings / Consents. You agree to permit Style Dots Australia to obtain photographs, videos, and other recorded media of you or your likeness. You acknowledge and agree to allow any such recorded media to be used by Style Dots for any lawful purpose, and without compensation.
11. Modification of Terms. With the exception of the dispute resolution section in Policies and Procedures, which can only be modified by way of mutual consent, the terms of this Agreement may be modified from time to time.
12. Jurisdiction and Governing Law. The formation, construction, interpretation, and enforceability of your contract with Style Dots Australia as set forth in this Boutique Partner Agreement and any incorporated documents shall be governed by and interpreted in all respects under the laws of the New South Wales.
13. Dispute Resolution. All disputes and claims relating to Style Dots, its services, the rights and obligations of a Distributor and Style Dots, or any other claims or causes of action relating to the performance of either a Distributor or Style Dots under the Agreement or the Style Dots Policies and Procedures shall be settled totally and finally by arbitration as enumerated in the Policies and Procedures in New South Wales, or such other location as Style Dots prescribes, in accordance with Corporations Act 2001 (Cth). Additionally, you agree not to initiate or participate in any class action proceeding against Style Dots, whether in a judicial or mediation or arbitration proceeding, and you waive all rights to become a member of any certified class in any lawsuit or proceeding. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent Style Dots from applying to and obtaining from any court having jurisdiction a writ of attachment, garnishment, temporary injunction, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect its 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.
14. Time Limitation. If a Boutique Partner wishes to bring an action against Style Dots for any act or omission relating to or arising from the Agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action. Boutique Partner waives all claims that any other statutes of limitations apply.
15. Miscellaneous. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of the Agreement will remain in full force and effect. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. The provisions of this Agreement, including all documents incorporated herein by reference, embody the whole agreement between you and Style Dots Australia and supersede any prior agreements, understandings and obligations between you and Style Dots concerning the subject matter of your contract with Style Dots.
16. Privacy. The boutique partners agree to make themselves familiar with and to comply with the provision of the Privacy Act 1988. I acknowledge that the business needs require personal information to be provided to my uplines and I herby authorise the provision of that information in accordance with privacy legislation.
17. Notice of Right to Cancel. You may request a refund on your enrolment fee if it’s done within seven business days from the date of enrolment. If you cancel, any enrolment fees paid will be returned within TEN BUSINESS DAYS following receipt by the seller of your cancellation notice. To cancel this transaction, mail or deliver written notice, to Style Dots Australia, PO Box 5100, Gilmore, ACT 2905 not later than midnight of the seventh business day following the date of this Agreement.
POLICIES AND PROCEDURES v1.0
- 1.0 INTRODUCTION
- 1.1 Mutual Commitment Statement
As a Style Dots Boutique Partner, it is important for you to familiarize yourself with Style Dots’ expectations, policies and opportunities for success. If you have any questions, please consult with your Style Dots Mentor.
- In the spirit of mutual respect and understanding, Style Dots is committed to:
- Provide prompt, professional and courteous service and communications to all of its Boutique Partners and customers;
- Provide the highest quality products, at fair and reasonable prices;
- Exchange or refund the purchase price of any product, service or membership as provided in our Return Policy;
- Deliver orders promptly and accurately;
- Pay commissions accurately and on a timely basis;
- Expedite orders or checks if an error or unreasonable delay occurs;
- Roll out new products and programs;
- Implement changes in the Compensation Plan or Policies and Procedures that affect the Boutique Partner;
- Support, protect and defend the integrity of the Style Dots Business Opportunity;
- Offer boutique partners an opportunity to grow with Style Dots with such growth guided by the principles of Servant Leadership.
- In return, Style Dots expects that its boutique partners will:
- Conduct themselves in a professional, honest, and considerate manner;
- Present Style Dots corporate and product information in an accurate and professional manner;
- Present the Compensation Plan and Return Policy in a complete and accurate manner; 1
IV. Make reasonable efforts to support and train boutique partners on their team;
1.2 Style Dots Policies and Compensation Plan Incorporated into the Boutique Partner Agreement
- Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Style Dots agreement, these Policies and Procedures, and the Style Dots Compensation Plan.
- It is the responsibility of the mentoring Boutique Partner to provide the most current version of these Policies and Procedures (available on the Style Dots Web site) the Style Dots Income Disclosure and the Style Dots Compensation Plan to each applicant prior to his or her execution of a boutique partner agreement.
1.3 Purpose of Policies
- Style Dots is a direct sales company that markets products and services through Independent Boutique Partners referred to as Boutique Partners. To clearly define the relationship that exists between Boutique Partners and Style Dots, and to explicitly set a standard for acceptable business conduct, Style Dots has established these Policies and Procedures.
- Style Dots boutique partners are required to comply with (i) all of the Terms and Conditions set forth in the boutique partner Agreement, which Style Dots may amend in its sole discretion; (ii) all Federal, state, provincial, territorial, and local laws governing his or her Style Dots business; and (iii) these Policies and Procedures.
1.4 Changes, Amendments, and Modifications
- Because federal, state, and local laws, as well as the business environment, periodically change, Style Dots reserves the right to amend the Agreement and the prices in its Style Dots Product Price List in its sole and absolute discretion. Notification of amendments shall appear in Official Style Dots Materials. This provision does NOT apply to the arbitration clause found in Section 13, which can only be modified via mutual consent.
- Any such amendment, change, or modification shall be effective immediately upon notice by posting on the official Style Dots Web site or via email.
2.0 BASIC PRINCIPLES
2.1 Becoming a Style Dots Boutique Partner
A. To become a boutique partner, an applicant must comply with the following requirements:
- Be 18 years of age, unless a properly executed Minor Application Form is executed
- Reside or have a valid address in Australia ;
- Submit a properly completed and signed Boutique Partner Agreement to Style Dots;
2.2 New Boutique Partner Registration
- When available. A potential new boutique partner may self-enrol on the mentor’s web site. In such event, instead of a physically signed boutique partner agreement, Style Dots will accept the web enrolment and boutique partner agreement by accepting the “electronic signature” stating the new boutique partner has accepted the terms and conditions of such boutique partner agreement. Please note that such electronic signature constitutes a legally binding agreement between the boutique partner and Style Dots.
- Style Dots reserves the right to require signed paperwork for any account, regardless of origin.
- If requested the signed boutique partner Agreement must be received by Style Dots within14 days of enrolment.
2.3 Rights Granted
A. Style Dots hereby grants to the boutique partner a non-exclusive right, based upon the terms and conditions contained in the boutique partner agreement and these Policies and Procedures, to:
- Purchase Style Dots products and services;
- Promote and sell Style Dots products and services; and
- Mentor new boutique partners and customers in the United States.
2.4 Identification Numbers
- Each boutique partner is required to provide his or her Social Security Number, or Federal Tax Identification Number, if located in the United States or any of its territories, to Style Dots on the boutique partner agreement. Style Dots reserves the right to withhold commission payments from any boutique partner who fails to provide such information or who provides false information.
- Upon enrolment, Style Dots will provide a Style Dots Identification Number to the boutique partner. This number will be used to place orders, structure organisations, and track commissions and bonuses.
2.5 Renewals and Expiration of the Boutique Partner Agreement
The term of the Boutique Partner Agreement is one year from the date of its acceptance by Style Dots. Each Boutique Partner must renew his/her Boutique Partner Agreement each year and pay the applicable renewal fee of $39.95 on or before the first day of the month in which the anniversary date of such Boutique Partner Agreement occurs. If the renewal fee is not paid by the last day of the month in which the anniversary date of the Boutique Partner Agreement occurs such Boutique Partner will become an Associate Boutique Partner and the customer information of such Boutique Partner will be provided to such Boutique Partner’s active Up-line Boutique Partner. The Company may elect to renew the Boutique Partners Agreement and collect the annual renewal fee from the Boutique Partner’s credit card on file with the Company, unless the Boutique Partner has expressly instructed the Company prior to the renewal date not to do so. Continuation of a Boutique Partner’s business following renewal by the Company, including continued acceptance of bonuses and commissions, constitutes the Boutique Partner’s acceptance of the renewal of the Boutique Partner Agreement.
- If the boutique partner allows his or her boutique partner agreement to expire due to non-payment, the boutique partner will lose any and all rights to his or her downline organisation unless the boutique partner re-activates within 30 days following the expiration of the agreement.
- If the former boutique partner re-activates within the 30-day time limit, the boutique partner will resume the rank and position held immediately prior to the expiration of the boutique partner agreement. However, such boutique partner’s paid-as level will not be restored unless he or she qualifies at that payout level in the new month. The boutique partner is not eligible to receive commissions for the time period that the boutique partner’s position was expired.
- Any boutique partner who was terminated or whose agreement has expired and lapsed the 30-day grace period is not eligible to re-apply for a Style Dots business for 6 months following the expiration of the boutique partner agreement.
- The downline of the expired boutique partner will roll up to the immediate, active upline mentor.
2.6 Business Entities
A. A corporation, partnership, or trust (collectively referred to as a “Business Entity”) may apply to be a Style Dots boutique partner. This boutique partner business and position will remain temporary until the proper documents are submitted. The entity must submit one of the following documents: Certificate of Incorporation or ABN Certificate. Style Dots Australia must receive these documents within 14 days from the date the boutique partner agreement was signed.
A Style Dots boutique partner may change its status under the same mentor from an individual to a partnership, corporation, trust or from one type of business entity to another.
The name of a Boutique Partner’s Business Entity may not contain the words “Style Dots” or “Your Story is Our Story” or “Boutique Social” or “Fashion Dots”, “Home Dots”, “Dots” or “Story Dots” or any derivative of the foregoing.
If any Affiliated Party wants to terminate his or her relationship with the Business Entity or Style Dots, the Affiliated Party must terminate his or her affiliation with the Business Entity, notify Style Dots in writing that he or she has terminated his/her affiliation with the Business Entity, and must comply with the provisions of Boutique Partner Agreement. In addition, the Affiliated Party foregoing their interest in the Business Entity may not participate in any other Style Dots business for six consecutive calendar months.
There is a $25.00 fee for each change request, which must be included with the written request and the completed Boutique Partner Agreement. The modifications permitted within the scope of this section do not include a change of Up-line Boutique Partner.
Independent Business Relationship; Indemnification for Actions
The Style Dots boutique partner is an independent contractor, and not a purchaser of a franchise or business opportunity. Therefore, each boutique partner’s success depends on his or her independent efforts.
The agreement between Style Dots and its boutique partners does not create an employer/employee relationship, agency, partnership, or joint venture between Style Dots and the boutique partner.
The Style Dots boutique partner is fully responsible for all of his or her verbal and written communications made regarding Style Dots products, services, and the compensation plan that are not expressly contained within official Style Dots materials. Boutique Partners shall indemnify and hold harmless Style Dots, its directors, officers, employees, and agents from any and against all liability including judgments, civil penalties, refunds, attorney fees and court costs incurred by Style Dots as a result of the boutique partner’s unauthorized representations or actions. This Provision shall survive the termination of the Style Dots boutique partner agreement.
Errors or Questions
If a boutique partner has questions about, or believes any errors have been made regarding commissions, bonuses, business reports, orders, or charges, the boutique partner must notify Style Dots in writing within 30 days of the date of the error or incident in question. Any such errors, omissions or problems not reported within 30 days shall be deemed waived by the boutique partner.
3.0 Style Dots’ Boutique Partner Responsibilities
3.1 Correct Addresses
- It is the responsibility of the boutique partner or customer to make sure Style Dots has the correct shipping address before any orders are shipped.
- A boutique partner or Customer will need to allow up to 30 days for processing after the notice of address change has been received by Style Dots.
- A boutique partner or customer may be assessed a $20 fee for returned shipments due to an incorrect shipping address.
3.2 Training and Leadership
- Any Style Dots boutique partner who mentors another boutique partner into Style Dots must perform authentic assistance and training functions to ensure his or her downline is properly operating his or her Style Dots business. Mentoring boutique partners should have ongoing contact and communication with the boutique partners in their downline organisations. Examples of communication may include but are not limited to: newsletters, written correspondence, telephone, contact, team calls, voice-mail, e-mail, personal meetings, accompaniment of downline boutique partners to Style Dots meetings and training sessions and any other related functions.
- Use of Sales Aids. To promote both the products and the opportunity Style Dots offers, boutique partners must use the sales aids and support materials produced by Style Dots. If Style Dots boutique partners develop their own sales aids and promotional materials, which include Internet advertising, notwithstanding boutique partners’ good intentions, they may unintentionally violate any number of statutes or regulations affecting a Style Dots business. These violations, although they may be relatively few in numbers, could jeopardize the Style Dots opportunity for all boutique partners. Accordingly, boutique partners must submit all written sales aids, promotional materials, advertisements, websites and other literature to the Company for Company’s approval prior to use. Unless the boutique partner receives specific written approval to use the material, the request shall be deemed denied. All boutique partners shall safeguard and promote the good reputation of Style Dots and its products. The marketing and promotion of Style Dots, the Style Dots opportunity, the Compensation Plan, and Style Dots products and services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
3.3 Constructive Criticism; Ethics
- Style Dots desires to provide its independent boutique partners with the best products and services and Compensation Plan in the industry. Accordingly, Style Dots values constructive criticism and encourages the submission of written comments addressed to Style Dots compliance department.
- Negative and disparaging comments about Style Dots, its products or Compensation Plan, by boutique partners made to Style Dots, in the Field or at Style Dots meetings or events, or disruptive behaviour at Style Dots meetings or events, serve no purpose other than to dampen the enthusiasm of other Style Dots boutique partners. Style Dots boutique partners must not belittle Style Dots, other Style Dots boutique partners, Style Dots products or services, the Compensation Plan, or Style Dots directors, officers, or employees. Such conduct represents a material breach of these Policies and Procedures and may be subject to sanctions as deemed appropriate by Style Dots.
- Style Dots endorses the following code of ethics:
- A Style Dots boutique partner must show fairness, tolerance, and respect to all people associated with Style Dots, regardless of race, gender, social class or religion, thereby fostering a “positive atmosphere” of teamwork, good morale and community spirit.
- A boutique partner shall strive to resolve business issues, including situations with upline and downline boutique partners, by emphasizing tact, sensitivity, good will and taking care not to create additional problems.
- Style Dots boutique partners must be honest, responsible, and professional and conduct themselves with integrity.
- Style Dots boutique partners shall not make disparaging statements about Style Dots, other boutique partners, Style Dots employees, products, services, sales and marketing campaigns, or the Compensation Plan, or make statements that unreasonably offend, mislead or coerce others.
- Style Dots may take appropriate action against a boutique partner if it determines, in its sole discretion, that a boutique partner’s conduct is detrimental, disruptive, or injurious to Style Dots or to other boutique partners.
3.4 Reporting Policy Violation
A. A boutique partner who observes a policy violation by another boutique partner should submit an email of the violation directly to the Style Dots Corporate office. The letter shall set forth the details of the incident as follows:
- The nature of the violation;
- Specific facts to support the allegations;
- Number of occurrences;
- Persons involved; and
- Supporting documentation
B. Once the matter has been presented to Style Dots, it will be researched thoroughly by the Compliance department and appropriate action will be taken if required.
- The mentor is the person who introduces a boutique partner or customer to Style Dots, helps them complete their enrolment, and supports and trains those in their downline.
- Style Dots recognizes the mentor as the name(s) shown on the first:
- Physically signed Style Dots boutique partner agreement on file; or
- Electronically signed boutique partner agreement from a web site or a Style Dots boutique partner’s web site.
- All active boutique partners in good standing have the right to Mentor and enrol others into Style Dots. While engaged in mentoring activities, it is not uncommon to encounter situations when more than one boutique partner will approach the same prospect. It is the accepted courtesy that the new prospect will choose their mentor when an issue arises.
3.6 Compliance with Applicable Income Tax Laws
- Style Dots encourages all boutique partners to consult with a tax advisor for additional information for their business.
3.7 Actions of Household Members or Affiliated Parties
If any member of a Boutique Partner’s immediate household engages in any activity which, if performed by the Boutique Partner, would violate any provision of the Agreement, such activity will be deemed a violation by the Boutique Partner and Style Dots may take disciplinary action pursuant to these Policies and Procedures against the Boutique Partner. Similarly, if any individual associated in any way with a corporation, partnership, trust or other entity (collectively “Business Entity”) violates the Agreement, such action(s) will be deemed a violation by the Business Entity, and Style Dots may take disciplinary action against the Business Entity. Likewise, if a Boutique Partner enrols in Style Dots as a Business Entity, each Affiliated Party of the Business Entity shall be personally and individually bound to, and must comply with, the terms and conditions of the Agreement.
3.8 Solicitation for Other Companies or Products
- A Style Dots Boutique Partner may participate in other direct sales, multilevel, network marketing or relationship marketing business ventures or marketing opportunities. However, during the Term of this Agreement and for one (1) year thereafter, a Style Dots Boutique Partner may not recruit any Style Dots Boutique Partner or Customer for any other direct sales or network marketing business, unless that Boutique Partner or Customer was personally sponsored by such Boutique Partner.
- The term “recruit” means actual or attempted solicitation, enrolment, encouragement, or effort to influence in any other way (either directly or through a third party), another Boutique Partner or Customer to enrol or participate in any direct sales or network marketing opportunity. This conduct represents recruiting even if the Boutique Partner’s actions are in response to an inquiry made by another Boutique Partner or Customer.
- During the term of this Agreement and for a period of six (6) months thereafter, any Style Dots Boutique Partner must not sell, or entice others to sell, any competing products or services, including training materials, to Style Dots Customers or Boutique Partners. Any product or service in the same category as a Style Dots product or service is deemed to be competing (i.e., any competing product or service regardless of differences in cost or quality. This provision does not apply where professional services are the primary source of revenue and the product sales are secondary (e.g., doctor’s offices, clinics, health clubs, spas and beauty salons).
- A Boutique Partner may not display or bundle Style Dots products or services, in sales literature, on a website or in sales meetings, with any other products or services to avoid confusing or misleading a prospective Customer or Boutique Partners into believing there is a relationship between the Style Dots and non-Style Dots products and services.
- A Style Dots Boutique Partner may not offer any non-Style Dots opportunity, products or services at any Style Dots related meeting, seminar or convention, or immediately following a Style Dots event.
- A violation of any of the provisions in this section shall constitute unreasonable and unwarranted contractual interference between Style Dots and its Boutique Partners and would inflict irreparable harm on Style Dots. In such event, Style Dots may, at its sole discretion, impose any sanction it deems necessary and appropriate against such Boutique Partner or such Boutique Partner’s distributorships including termination, or seek immediate injunctive relief without the necessity of posting a bond.
3.9 Presentation of the Style Dots Opportunity
A. In presenting the Style Dots opportunity to potential customers and boutique partners, a boutique partner is required to comply with the following provisions:
- A boutique partner shall not misquote or omit any significant material fact about the Compensation Plan.
- A boutique partner shall make it clear that the Compensation Plan is based upon sales of Style Dots products and services and upon the mentoring of other boutique partners.
- A boutique partner shall make it clear that success can be achieved only through substantial independent efforts.
- A Style Dots boutique partner shall not make unauthorised income projections, claims, or guarantees while presenting or discussing the Style Dots opportunity or Compensation Plan to prospective boutique partners or Customers.
- A boutique partner may not make any claims regarding products or services of any products offered by Style Dots, except those contained in official Style Dots literature.
- A boutique partner may not use official Style Dots material to promote the Style Dots business opportunity in any country where Style Dots has not established a “presence.”
3.10 Sales Requirements are governed by the Compensation Plan
- Style Dots boutique partners may purchase Style Dots products and Style Dots will provide suggested selling prices. There are no exclusive territories granted to anyone. No franchise fees are applicable to a Style Dots business.
- The Style Dots program is built on sales to the ultimate consumer. Style Dots encourages its Boutique Partners to only purchase inventory that they and their family will personally consume, will be used as a sales tool, or will be resold to others for their ultimate consumption. Boutique Partners must never attempt to influence any other boutique partner to buy more products than they can reasonably use or sell to retail customers in a month.
4.1 General Order Policies
- Bonus buying is strictly and absolutely prohibited. Bonus buying includes: (a) the enrolment of individuals or entities without the knowledge of and/or execution of an Agreement by such individuals or entities; (b) the fraudulent enrolment of an individual or entity as a boutique partner or Customer; (c) the enrolment or attempted enrolment of non-existent individuals or entities as Boutique Partner or Customers (“phantoms”); (d) purchasing Style Dots products or services on behalf of another Boutique Partner or Customer, or under another Boutique Partner’s or Customer’s ID number, to qualify for commissions or bonuses; (e) purchasing excessive amounts of goods or services that cannot reasonably be used or resold in a month; and/or (f) any other mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions, or bonuses that is not driven by bona fide product or service purchases by end user consumers.
A boutique partner shall not use another boutique partner’s or customer’s credit card or debit checking account to enrol in Style Dots or purchase products or services without the account holder’s written permission. Such documentation must be kept by the boutique partner indefinitely in case Style Dots needs to reference this.
- Regarding an order with an invalid or incorrect payment, Style Dots will attempt to contact the boutique partner by phone, mail or email in order to obtain another form of payment. If these attempts are unsuccessful after 10 business days, the order will be cancelled.
- Prices are subject to change without notice.
- A boutique partner or Customer who is a recipient of a damaged or an incorrect order must notify Style Dots within 30 calendar days from receipt of the order and follow the procedures as set forth in these Policies.
4.2 Sales Tax Obligation
- The boutique partner shall comply with all state and local taxes and regulations governing the sale of Style Dots products and services.
- Style Dots will collect and remit sales tax on boutique partner orders. When orders are placed with Style Dots, sales tax is prepaid based upon the suggested retail price. Style Dots will remit the sales tax to the appropriate state and local jurisdictions. The boutique partner may recover the sales tax when he or she makes a sale. Style Dots boutique partners are responsible for any additional sales taxes due on products marked up and sold at a higher price.
5.0 PAYMENT OF COMMISSIONS & BONUSES
5.1 Bonus and Commission Qualifications
- A boutique partner must be active and in compliance with Style Dots Policies and Procedures to qualify for bonuses and commissions. So long as a boutique partner complies with the terms of the agreement, Style Dots shall pay commissions to such boutique partner in accordance with the Compensation Plan.
- Style Dots will not issue a payment to a boutique partner without the receipt of a completed and signed Style Dots boutique partner Agreement or electronic authorisation.
- Style Dots reserves the right to postpone commission payments until such time the cumulative amount exceeds $25.
5.2 Computation of Commissions and Discrepancies
- In order to qualify to receive commissions and bonuses, a boutique partner must be in good standing and comply with the terms of the Agreement and these Policies and Procedures. Commissions, overrides, and achievement levels are calculated each month.
- A Style Dots boutique partner must review his or her monthly statement and bonus reports promptly and report any discrepancies within 30 days of receipt. After the 30 day “grace period” no additional requests will be considered for commission recalculations.
- For additional information on payment of commissions, please review the Compensation Plan.
6.0 REFUND POLICY AND RETURN OF BOUTIQUE SHOWCASE / SALES AIDES
Style Dots offers a one hundred percent (100%) thirty-day money back guarantee for all customers and boutique partners. If a customer purchased a product and is not satisfied with the product, the customer may request a refund from their boutique partner. All returns need to be in new, unopened and unused condition and can be resold as new. If you are not 100% satisfied with our products or are unable to sell them, you may return the items for a refund if neither you nor we have terminated the Agreement and the products were purchased within thirty days and remain in resalable, unused condition. This refund policy does not include items that are clearly marked as non-refundable at the point of sale. Non-refundable items would include seasonal items, clearance sales or any other promotion where the refund exception is clearly stated at the point of sale. The refund shall be 90% of the purchase price. Shipping and handling charges incurred will not be refunded.
Upon cancellation of the Agreement, the boutique partner may return their boutique showcase and any sales aids purchased within (30) days from the date of cancellation for a refund if he or she is unable to sell or use the merchandise. Boutique Partners may only return sales aids and boutique showcases that remain in Resalable condition. Upon receipt of the items, the boutique partner be reimbursed ninety percent (90%) of the net cost of the original purchase price(s), less shipping charges. If the purchases were made through a credit card, the refund will be credited back to the same account.
6.1 Return Process
- All returns, whether by a Customer, or boutique partner, must be made as follows:
- Obtain RMA (Return Merchandise Authorisation) from Style Dots Australia
- Ship items to the address provided by Style Dots Customer service when you are given your RMA.
- Provide a copy of the invoice with the returned products or service. Such invoice must reference the RMA and include the reason for the return.
- Ship back product in manufactures box exactly as it was delivered.
- All returns must be shipped to Style Dots pre-paid, as Style Dots does not accept shipping collect packages. Style Dots recommends shipping returned product by AusPost with tracking, as risk of loss in shipping the returned product shall be borne solely by the Customer, or boutique partner. If returned product is not received at Style Dots Distribution Centre, it is the responsibility of the Customer, or boutique partner to trace the shipment and no credit will be applied.
9.0 ADVERTISING, PROMOTIONAL MATERIAL, USE OF COMPANY NAMES AND TRADEMARKS
9.1 Labelling, Packaging, and Displaying Products
A. A Style Dots boutique partner may not re-label, re-package, or alter labels of any Style Dots product, or service, information, materials or programs in any way. Style Dots products and services must only be sold in the original packaging from Style Dots. Such re-labelling or re packaging violates Federal and state laws, which may result in criminal or civil penalties or liability.
B. Style Dots reserves the right to refuse author to participate at any function that it does not deem a suitable forum for the promotion of its products and services, or the Style Dots opportunity.
9.2 Use of Company Names and Protected Materials
- A Style Dots boutique partner must safeguard and promote the good reputation of Style Dots and the products and services it markets. The marketing and promotion of Style Dots, the Style Dots opportunity, the Compensation Plan, and Style Dots products and services will be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct and practices.
- All promotional materials supplied or created by Style Dots must be used in their original form and cannot be changed, amended or altered except with prior written approval from the Style Dots Compliance Department.
- The name of Style Dots, each of its product names and other names that have been adopted by Style Dots in connection with its business are proprietary trade names, trademarks and service marks of Style Dots. As such, these marks are of great value to Style Dots and are supplied to boutique partners for their use only in an expressly authorized manner.
- A Style Dots boutique partner’s use of the name Style Dots is restricted to protect Style Dots proprietary rights, ensuring that the Style Dots protected names will not be lost or compromised by unauthorized use. Use of the Style Dots name on any item not produced by Style Dots is prohibited except as follows:
- [Boutique partner’s name] Independent Style Dots boutique partner
- [Boutique Partner’s name] Independent boutique partner of Style Dots products and services.
- Style Dots reserves the right to rescind its prior approval of any sales aid or promotional material to comply with changing laws and regulations and may request the removal from the marketplace of such materials without financial obligation to the affected boutique partner.
- A boutique partner shall not promote non-Style Dots products or services in conjunction with Style Dots products or services on the same Web sites or same advertisement without prior approval from Style Dots Compliance.
9.3 Internet Policies
A. When using the Internet to promote your Style Dots business, boutique partners must always use their names and distinguish themselves as an Independent Boutique Partner. Boutique Partners must never represent themselves on behalf of Style Dots nor shall they ever represent any of our contracted artisans.
Other than a personalized Style Dots website, Boutique Partners are not permitted to sell or auction Style Dots goods online in any form or fashion.
B. All social media advertising that is not currently offered by Style Dots, must be approved before use.
9.4 Advertising and Promotional Materials
A. Boutique Partners may not advertise any Style Dots products at a price LESS than the highest company published, established retail price of ONE offering of the Style Dots product plus shipping and applicable taxes. No special enticement advertising is allowed. This includes but is not limited to offers of free membership, free shipping, or other such offers that grant advantages beyond those available through the Style Dots.
9.5 Testimonial Permission
A. By signing the Style Dots Boutique Partner Agreement, a boutique partner gives Style Dots permission to use his or her testimonial or image and likeness in corporate sales materials, including but not limited to print media, electronic media, audio and video. In consideration of being allowed to participate in the Style Dots Business Opportunity, a boutique partner waives any right to be compensated for the use of his or her testimonial or image and likeness even though Style Dots may be paid for items or sales materials containing such image and likeness. In some cases, a boutique partner’s testimonial may appear in another boutique partner’s advertising materials. If a boutique partner does not wish to participate in Style Dots sales and marketing materials, he or she should provide a written notice to the Style Dots Compliance Department to ensure that his or her testimonial or image and likeness will not be used in any corporate materials, corporate recognition pieces, advertising or recordings of annual events.
10.0 INTERNATIONAL MARKETING
10.1 International Marketing Policy
- A Style Dots boutique partner is authorized to sell Style Dots products, to customers, boutique partners only in the countries in which Style Dots is authorized to conduct business, according to the Policies and Procedures of each country. Style Dots boutique partners may not sell products or services in any country where Style Dots products and services have not received applicable government authorisation or approval.
- A boutique partner may not, in any unauthorized country, conduct sales, enrolment or training meetings, enrol or attempt to enrol potential Customers, or boutique partners, nor conduct any other activity for the purpose of selling Style Dots products and services, establishing a sales organisation, or promoting the Style Dots business opportunity.
11.0 CHANGES TO A BOUTIQUE PARTNER BUSINESS
11.1 Change Mentor or Placement for Active boutique partners
- Maintaining the integrity of the organisational structure is mandatory for the success of Style Dots and our independent boutique partners.
- Style Dots retains the right to approve or deny any requests to change Mentor or Placement and to correct any errors related thereto at any time and in whatever manner it deems necessary.
11.2 Change Organisations
- If a Style Dots boutique partner wishes to transfer organisations, he or she must submit a letter of resignation to the Style Dots Customer Service Department and remain inactive (place no orders, or be on an auto ship) from Style Dots for 6 months from the receipt of the letter before being eligible to re-enrol under a different Mentor/Placement.
- Style Dots retains the right to approve or deny any request to re-enrol after a boutique partner’s resignation.
- If re-enrolment is approved, the former boutique partner will be issued a new Style Dots ID number and will be required to submit a new boutique partner agreement. The boutique partner will not be entitled to keep any former rank, downline, or rights to commission checks from any prior organisation.
11.4 Sell, Assign or Delegate Ownership
- In order to preserve the integrity of the hierarchical structure, it is necessary for Style Dots to place restrictions on the transfer, assignment, or sale of a position.
- A Style Dots boutique partner may not sell or assign his or her rights or delegate his or her position as a boutique partner without prior written approval by Style Dots, which approval will not be unreasonably withheld. Any attempted sale, assignment, or delegation without such approval may be voided at the discretion of Style Dots.
- Should Style Dots approve the sale, the Buyer assumes the position of the Seller not at the current qualified career title, but at the current “paid as” rank, at the time of the sale and acquires the Seller’s Downline.
- To request corporate authorisation for a sale or transfer of a Style Dots position, the following items must be submitted to the Style Dots Compliance Department:
- A copy of the Sales Agreement signed and dated by both Buyer and Seller.
- A Style Dots boutique partner Agreement completed and signed by the Buyer.
- Payment of the $100 administration fee.
- Any additional supporting documentation requested by Style Dots.
Any debt obligations that either Seller or Buyer may have with Style Dots must be satisfied prior to the approval of the sale or transfer by Style Dots.
A Style Dots boutique partner who sells his or her position is not eligible to re-enrol as a Style Dots boutique partner in any organisation for 6 full calendar months following the date of the sale except as otherwise expressly set forth in these Policies and Procedures.
G. Style Dots maintains “first right of refusal” before the sale of any organisation.
11.5 Separating a Style Dots Business
- Pending a divorce or dissolution of a partnership or other business entity, the parties must adopt one of the following methods of operation:
- One of the parties may, with the written consent of the other(s), operate the Style Dots business whereby the relinquishing Spouse, shareholders, partners, members or trustees authorise Style Dots to deal directly and solely with the other Spouse, non-relinquishing shareholder, partner, member or trustee.
- The parties may continue to operate the Style Dots business jointly on a “business as usual” basis, whereupon all compensation paid by Style Dots will be paid in the name designated by the boutique partners or in the name of the entity to be divided, as the parties may independently agree between them. If no name is stipulated, Style Dots will pay compensation to the name on record and in such event, the boutique partner named on the account shall indemnify Style Dots from any claims from the other business owner or the other Spouse with respect to such payment.
- Style Dots recognizes only one downline organisation and will issue only one commission check per Style Dots business per commission cycle. Under no circumstances will the Downline of an organisation be divided, nor will Style Dots split commission and bonus checks.
- If a relinquishing Spouse, partner or owner of the business has completely relinquished (“Relinquishing Party”), in writing, all rights to the original Style Dots business, he or she may immediately thereafter re-enrol under the Mentor and Placement of his or her choice. In such cases, however, the Relinquishing Party shall have no rights to, and shall not solicit, any boutique partner or active Customer in the former organisation, and must develop a new business in the same manner as any other new Style Dots boutique partner. A boutique partner in the Relinquishing Party’s former downline who wishes to transfer to the Relinquishing Party’s new organisation or to any other organisation, must comply with the requirements in Section 13.5.
11.6 Resignation/Voluntary Termination
- A boutique partner may immediately terminate his or her position by submitting a written notice or email to the Style Dots Compliance Department. Written notice must include the following:
- The boutique partner’s intent to resign;
- Date of resignation;
- Style Dots Identification Number;
- Reason for resigning; and
- A Style Dots boutique partner may not use resignation as a way to immediately change Mentor and Placement. Instead, the boutique partner who has voluntarily resigned is not eligible to reapply for a position or have any financial interest in a Style Dots business for 6 months from the receipt of the written notice of resignation.
11.10 Involuntary Termination
- Style Dots reserves the right to terminate a boutique partner’s position for, but not limited to, the following reasons;
- Violation of any terms or conditions of the boutique partner agreement;
- Violation of any provision in these Policies and Procedures;
- Violation of any provision in the Compensation Plan;
- Violation of any applicable law, ordinance, or regulation regarding the Style Dots business;
- Engaging in unethical business practices or violating standards of fair dealing.
- Not maintaining a good standing with Style Dots.
- Style Dots will notify the boutique partner in writing by certified mail; return receipt requested or overnight documented mail, at his or her last known address of its intent to terminate the boutique partner’s position and the reasons for termination. The boutique partner will have 15 calendar days from the date of mailing of such notice to respond in writing to the allegations or claims constituting cause for termination as stated in the notice. Style Dots will then have 30 calendar days from the date of receipt of the boutique partner’s response to render a final decision as to termination.
- If a decision is made by Style Dots to terminate the boutique partner’s position, Style Dots will inform the boutique partner in writing that the position is terminated effective as of the date of the written notification. The boutique partner will then have 15 calendar days from the date of mailing of such notice to appeal the termination in writing. Style Dots must receive the boutique partner’s written appeal within 20 calendar days of the date of the Style Dots termination letter. If the written appeal is not received within this time period, the termination will be considered final.
- If the boutique partner does file a timely appeal of termination, Style Dots will review its decision, along with any other information it may deem relevant, reconsider any other appropriate action, and notify the boutique partner of its decision. The decision of Style Dots is then considered final and not subject to further review.
- If the termination is not rescinded, the termination will be effective as of the date of the original termination notice by Style Dots. The former boutique partner shall thereafter be prohibited from using the names, marks or signs, labels, stationery, advertising, or business material referring to or relating to any Style Dots products or services. Style Dots will notify the active upline Mentor within 10 days after termination. The organisation of the terminated boutique partner will “roll up” to the active upline Mentor on record.
- The Style Dots boutique partner who is involuntarily terminated by Style Dots may not re- apply for a position, either under his or her present name or any other name or entity, without the express written consent of an officer of Style Dots, following a review by the Style Dots Compliance Committee. In any event, such boutique partner may not re-apply for a position for 12 months from the date of termination.
11.11 Effect of Cancellation
A. Following a boutique partner’s cancellation for inactivity or voluntary or involuntary termination (collectively, a “cancellation”) such boutique partner:
- Shall have no right, title, claim or interest to any commission or bonus from the sales generated by the boutique partner’s former organisation or any other payments in association with the boutique partner’s former independent position.
- Effectively waives any and all claims to property rights or any interest in or to the boutique partner’s former downline organisation.
- Shall receive commissions and bonuses only for the last full pay period in which he or she was active prior to cancellation, less any amounts withheld during an investigation preceding an involuntary cancellation, and less any other amounts owed to Style Dots.
12.0 DISCIPLINARY SANCTIONS
12.1 Imposition of Disciplinary Action - Purpose
A. It is the spirit of Style Dots that integrity and fairness should pervade among its boutique partners, thereby providing everyone with an equal opportunity to build a successful business. Therefore, Style Dots reserves the right to impose disciplinary sanctions at any time, when it has determined that a boutique partner has violated the agreement or any of these Policies and Procedures or the Compensation Plan as they may be amended from time to time by Style Dots.
12.2 Consequences and Remedies of Breach
A. Disciplinary actions may include one or more of the following:
- Monitoring a boutique partner’s conduct over a specified period of time to assure compliance;
- Issuance of a written warning or requiring the boutique partner to take immediate corrective action;
- Imposition of a fine (which may be imposed immediately or withheld from future commission checks) or the withholding of commission checks (a Commission Hold) until the matter causing the Commission Hold is resolved or until Style Dots receives adequate additional assurances from the boutique partner to ensure future compliance;
- Suspension from participation in Company or boutique partner events, rewards, or recognition;
- Suspension of the Style Dots boutique partner agreement and position for one or more pay periods;
- Involuntary termination of the boutique partner’s agreement and position;
- Any other measure which Style Dots deems feasible and appropriate to justly resolve injuries caused by the boutique partner’s policy violation or contractual breach; OR
- Legal proceedings for monetary or equitable relief.
13.0 DISPUTE RESOLUTION
- If a Style Dots boutique partner has a grievance or complaint against another boutique partner regarding any practice or conduct relating to their respective Style Dots businesses, he or she is encouraged to resolve the issue directly with the other party. If an agreement cannot be reached, it must be reported directly to the Style Dots Compliance Department as outlined below in this Section.
- The Style Dots Compliance Department will be the final authority on settling such grievance or complaint and its written decision shall be final and binding on the boutique partners involved.
- Style Dots will confine its involvement to disputes regarding Style Dots business matters only. Style Dots will not decide issues that involve personality conflicts or unprofessional conduct by or between boutique partners outside the context of a Style Dots business. These issues go beyond the scope of Style Dots and may not be used to justify a Mentor or Placement change or a transfer to another Style Dots organisation.
- Style Dots does not consider, enforce, or mediate third party agreements between boutique partners, nor does it provide names, funding, or advice for obtaining outside legal counsel.
- Any controversy or claim arising out of or relating to the Style Dots boutique partner agreement, these Policies and Procedures, or the breach thereof, the boutique partner’s business or any dispute between Style Dots and the boutique partner, shall be settled by binding and confidential arbitration administered by the American Arbitration Association under its commercial arbitration rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any such arbitration shall be held in Sparta, MI. There shall be one arbitrator, who shall have expertise in business law transactions and who shall be knowledgeable in the direct selling industry, selected from a panel provided by the American Arbitration Association.
- The prevailing party in any such arbitration shall be entitled to receive from the losing party, all costs and expenses of arbitration, including reasonable attorney’s fees and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to judgment in any court of competent jurisdiction.
- This agreement to arbitration shall survive any termination or expiration of the boutique partner agreement.
- Nothing in these Policies and Procedures shall prevent Style Dots from applying for or 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 Style Dots interests or its Confidential Information prior to, during or following the filing of an arbitration or other proceeding, or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
- These Policies and Procedures and any arbitration involving a boutique partner and Style Dots shall be governed by and construed in accordance with the laws of the state of California, without reference to its principles of conflict of laws.
A. If any provision of these Policies and Procedures is found to be invalid, or unenforceable for any reason, only the invalid provision shall be severed. The remaining terms and provisions hereof shall remain in full force and shall be construed as if such invalid or unenforceable provision never had comprised a part of these Policies and Procedures.
A. Only an officer of Style Dots can, in writing, affect a waiver of the Style Dots Policies and Procedures. Style Dots’ waiver of any particular breach by a boutique partner shall not affect Style Dots ’s rights with respect to any subsequent breach, nor shall it affect the rights or obligations of any other boutique partner.
B. The existence of any claim or cause of action of a boutique partner against Style Dots shall not constitute a defence to Style Dots’ enforcement of any term or provision of these Policies and Procedures.
13.5 Successors and Claims
The agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
14.0 GOVERNING LAW
These Policies and Procedures shall be governed by and construed in accordance with the Laws of the State of New South Wales.
15.0 STYLE DOTS GLOSSARY OF TERMS
ACTIVE BOUTIQUE PARTNER: A boutique partner who satisfies the minimum volume requirements, as set forth in the Compensation Plan, to ensure that they are eligible to receive bonuses and commissions.
AGREEMENT: The contract between the Company and each Boutique Partner; includes the Boutique Partner Agreement, the Style Dots Policies and Procedures, and the Style Dots Compensation Plan, all in their current form and as amended by Style Dots in its sole discretion. These documents are collectively referred to as the “Agreement.”
CANCEL: The termination of a boutique partner’s business. Cancellation may be either voluntary, involuntary, or through non-renewal.
COMPENSATION PLAN: The guidelines and referenced literature for describing how Boutique Partners can generate commissions and bonuses.
CUSTOMER: A Customer who purchases Style Dots products and does not engage in building a business or retailing product.
BOUTIQUE PARTNER: An individual, who purchases product, generates retail sales and business building commissions.
LINE OF MENTORSHIP (LOM): A report generated by Style Dots that provides critical data relating to the identities of Boutique Partners, sales information, and enrolment activity of each Boutique Partner’s organisation. This report contains confidential and trade secret information, which is proprietary to Style Dots.
ORGANISATION: The Customers and Boutique Partners placed below a particular Boutique Partner. 22
OFFICIAL STYLE DOTS MATERIAL: Literature, audio or video tapes, and other materials developed, printed, published, and distributed by Style Dots to Boutique Partners.
PLACEMENT: Your position inside your Mentor’s organisation.
RECRUIT: For purposes of Style Dots’ Conflict of Interest Policy, the term “Recruit” means the actual or attempted solicitation, enrolment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another Style Dots Boutique Partner or Customer to enrol or participate in another multilevel marketing, network marketing, or direct sales opportunity.
RESALABLE: Products shall be deemed “resalable” if each of the following elements is satisfied: 1) they are unopened and unused, 2) original packaging and labelling has not been altered or damaged, 3) they are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price, and 4) the product contains current Style Dots labelling. Any merchandise that is clearly identified at the time of sale as non-returnable, discontinued, or as a seasonal item, shall not be resalable.
MENTOR: A boutique partner who enrols a Customer, Retailer, or another Boutique Partner into the Company, and is listed as the Mentor on the Boutique Partner Agreement. The act of enrolling others and training them to become Boutique Partners is called “mentoring.”
UPLINE: This term refers to the Boutique Partner or Boutique Partners above a particular Boutique Partner in a mentorship line up to the Company. It is the line of mentors that links any particular Boutique Partner to the Company.
3.1 - Online Conduct
3.1.1 - Personal Websites
A Boutique Partner’s personal web site must be approved and will be regularly monitored to remain approved.
Personal Website URL cannot:
- a) Cause confusion with other portions of the Style Dots corporate website;
- b) Confuse a reasonable person into thinking they have landed on a Style Dots corporate page;
- c) Be confused with any Style Dots owned or controlled name;
- d) Contain any discourteous, misleading, or off-colour words or phrases that may damage Style Dots’ reputation;
- e) Use the term “Style Dots” or “Your Story is Our Story” or “Style Dots” or “Fashion
Dots” or “Home Dots or “Story Dots” or “Dots” or any derivative of either term (e.g., angelasellsStyleDots.StyleDots.com); or
f) Use any geographic identifier in the URL (e.g., “QueenslandBoutiquePartner” or “sydneydots”), including state abbreviations (e.g., “dotsofsa”).
Style Dots reserves the right to reject a BOUTIQUE PARTNER’s choice of Personal Website URL names. Any External Website that links to a BOUTIQUE PARTNER’s Personal Website cannot advertise or otherwise promote interchangeable jewellery products other than Style Dots products.
3.1.2 - Team Websites
BOUTIQUE PARTNERs shall not create Team websites unless under password and not available for public viewing.
3.1.3 - Domain Names, Email Addresses and Online Aliases
Except as specifically otherwise allowed herein, you are not allowed to use or register “Style Dots,” or “Your Story is Our Story” or “Fashion Dots” or “Home Dots” or “Dots” or “Style Dots” or “Story Dots” or any of Style Dots’ trademarks, product names, slogans, tag-lines, or any derivatives of the foregoing, for any Internet domain name (URL or extension) or Personal Email Address. Additionally, you cannot use or register Internet domain names, Personal Email Addresses, and/or online aliases that, in the sole discretion of Style Dots, could cause harm to Style Dot’s reputation, cause confusion, be misleading, be deceptive, or cause individuals to believe or assume the communication is from, or is the property of or authorized by Style Dots corporate. Examples of the improper use of “Style Dots” and or “Your Story is Our Story” or “Style Dots” or “Story Dots” include, but are not limited to, “Ms. Style Dots,” “Style Dots by Amy,” “JaneDots,” or “Story Dots” or Style Dots showing up as the sender of an email. Notwithstanding anything to the contrary herein, certain External Website domain names (URLs or extensions) may include “Style Dots” in them if a unique URL is automatically generated by default upon the authorised creation (as outlined in Section 3.3.11 herein) of say, a Facebook “Fan Page” (e.g., http://www.facebook.com/pages/jamie-smith- Independent-StyleDots-Representative) (“Default URL”). Additionally, Style Dots will consider, on a case by case basis, allowing an BOUTIQUE PARTNER to change a Default URL for aesthetic/cosmetic purposes – such that the example provided above could become: www.facebook.com/jsmithindependentStyleDotsrepresentative, or www.facebook.com/jsmith- independent-StyleDots-representative. BOUTIQUE PARTNERs must first obtain approval from Style Dots prior to renaming any Default URL.
3.1.4 - Online Classifieds
You may not use online classifieds (including, but not limited to, Craigslist) to list, sell or retail specific Style Dots products or product bundles.
3.1.5 - eBay/Online Auctions
BOUTIQUE PARTNERs may not list Style Dots’ products or accessories on eBay or other online auctions. Additionally, BOUTIQUE PARTNERs may not (i) enlist or knowingly allow a third party to sell Style Dots products on eBay or other online auction or (ii) sell products to a third party that the BOUTIQUE PARTNER has reason to believe will sell such products on eBay or another online auction. Selling via online auctions will result in termination. Selling to a third party that the Boutique Partner has reason to believe will sell via online auctions will result in termination.
3.1.6 - Online Retailing
BOUTIQUE PARTNERs may not list or sell Style Dots products on any online retail store or ecommerce site (with the exception of your Personal Website). Additionally, BOUTIQUE PARTNERs may not (i) enlist or knowingly allow a third party to sell Style Dots products on any online retail store or ecommerce site or (ii) sell products to a third party that the BOUTIQUE PARTNER has reason to believe will sell such products on any online retail store or ecommerce site. BOUTIQUE PARTNERs may obtain the then-current product images from the Style Dots Business Centre.
3.1.7 - Banner Advertising
BOUTIQUE PARTNERs may place banner advertisements on their External Websites or third- party websites (as described herein below); provided, however, that they only use Style Dots-approved templates and images from the Business Centre, and do not list any pricing, discounts or promotions of any Style Dots product on such advertisements. Any Style Dots-related banner advertisements on their External Websites must link back directly to their Personal Style Dots Websites. If BOUTIQUE PARTNERs place Style Dots-related banner advertisements on third-party websites, they must ensure that such banner advertisements link back to their External Websites, not directly to their Personal Websites. BOUTIQUE PARTNERs may not use “blind ads” (i.e., ads that do not disclose the identity of the Company) or web pages that make product or income claims that are ultimately associated with Style Dots products or the Style Dots business.
3.1.8 - Spam Linking
Spam linking is defined as multiple consecutive submissions of the same or similar content into blogs, wikis, guest books, websites or other publicly accessible online discussion boards or forums and is not allowed. This includes blog spamming, blog comment spamming and/or spamdexing. Any comments you make on blogs, forums, guest books, etc., must be unique, informative and relevant.
3.1.9 - Digital Media Submission (e.g., YouTube, iTunes, PhotoBucket, etc.)
BOUTIQUE PARTNERs may upload, submit or publish Style Dots-related video, audio or photo content to their External Websites that they develop and create so long as it aligns with Style Dots values, contributes positively to the Style Dots community greater good and reputation, as determined by Style Dots in Style Dots’ sole discretion, and does not include the term “Style Dots” in any domain name URL, and is otherwise also in compliance with Style Dots’ Statement of Policies & Procedures. All submissions must clearly identify the submitter as a Independent BOUTIQUE PARTNER in the content itself and in the content description tag, must comply with all copyright/legal requirements, and must state that the BOUTIQUE PARTNER is solely responsible for this content. BOUTIQUE PARTNERs may not upload, submit or publish any content (video, audio, presentations or any computer files) received from Style Dots or captured at official Style Dots events or in buildings owned or operated by Style Dots without prior written permission, unless such material was obtained directly from the Resources Tab in their Business Centre.
3.1.10 - Sponsored Links/Pay-Per-Click (PPC) Ads/Paid Search
Sponsored links or pay-per-click ads (PPC) are acceptable as described herein. The destination and display URL must be the same. The destination of the PPC must be the External Website, not your Personal Website, and must not portray any URL that could lead the user to believe they are being directed to a Style Dots Corporate website, or be inappropriate or misleading in any way.
3.1.11 - Social Media and External Websites
BOUTIQUE PARTNER’s must provide accurate pricing on all Style Dots products, bundling, and showcase kits. Profiles that a BOUTIQUE PARTNER generates in any social community where Style Dots is discussed or mentioned must clearly identify the BOUTIQUE PARTNER as an “Independent Style Dots Representative,” and when BOUTIQUE PARTNERs participate in those communities, BOUTIQUE PARTNERs must avoid inappropriate conversations, comments, images, video, audio, applications or any other adult, profane, discriminatory or vulgar content. Determination of what is inappropriate is at Style Dots’ sole discretion, and offending BOUTIQUE PARTNERs will be subject to disciplinary action. If a link is provided on your External Website, it must link to the posting BOUTIQUE PARTNER’s Company-provided Personal Website.
BOUTIQUE PARTNERs may not use blog spam, spamdexing or any other mass-replicated methods to leave blog comments. Comments BOUTIQUE PARTNERs create or leave online must be useful, unique, relevant and specific to the blog’s article.
Banner advertisements used on a BOUTIQUE PARTNER’s External Website must contain current Style Dots images from the Style Dots-approved library or must be otherwise approved by Style Dots. BOUTIQUE PARTNERs may not post images of Style Dots products or accessories on any Social Media or other internet website, other than those images intended for such use and that are provided directly from Style Dots to the BOUTIQUE PARTNERs through official Style Dots material or correspondence, including, but not limited to, Style Dots’ Facebook page, newsletters and emails sent directly to the BOUTIQUE PARTNERs from Style Dots. Additionally, BOUTIQUE PARTNERs must follow any specific directions given by Style Dots with respect to the publication or other use of such images.
BOUTIQUE PARTNERs may only use Style Dots’ name as specifically authorized herein, including, but not limited to, the creation of the name/title of a Social Media website. For example, when creating a Style Dots related “Fan Page” on Facebook, BOUTIQUE PARTNERs may only use the following structure when naming the Style Dots related “Fan Page”:
“[Insert BOUTIQUE PARTNER’s name here] Independent Style Dots Representative.”
For other Style Dots related Social Media websites that the BOUTIQUE PARTNER uses to promote or otherwise reference Style Dots’ name or products, BOUTIQUE PARTNERs must inform Style Dots, via e-mail (compliance@StyleDots.com.au), of such Social Media page name/title and URL or Default URL with Style Dots at the time of or prior to such page’s creation. As a general rule, BOUTIQUE PARTNERs may not use any geographic references in the page names/titles or URLs of their Style Dots-related Social Media or External Websites. For purposes of clarification and the avoidance of doubt, other than for a Default URL or an approved amendment to a Default URL (see Section 3.3.3), BOUTIQUE PARTNERs may not use the terms “Style Dots,” or “Your Story is Our Story” or “Style Dots” or “Story Dots” or any derivation thereof, in any External Website address or related URL. Any Personal Email Address (as defined herein) used in connection with the promotion or sales of Style Dots products, or in connection with a BOUTIQUE PARTNER’s Style Dots-related External Websites may not include the name “Style Dots” in it, in any form (e.g., tonsofStyleDots@gmail.com or StyleDotsofMelbourne@yahoo.com). Any External Website which contains “Style Dots” or or “Your Story is Our Story” or “Style Dots” or “Story Dots”” or any derivation thereof in the URL, must be transferred to Style Dots or closed/terminated upon demand by Style Dots. In no event may the BOUTIQUE PARTNER sell such domain name to any third party without the prior express written consent of Style Dots.
188.8.131.52 - Personal Pages/Walls vs. Fan Pages
So long as BOUTIQUE PARTNERs are abiding by the general guidelines set forth herein with respect to online behaviour, including, without limitation, the creation, naming and use of Social Media dedicated websites, BOUTIQUE PARTNERs are not prohibited from including Style Dots related posts on their personal Social Media websites (e.g., personal pages/walls on Facebook). However, BOUTIQUE PARTNERs are encouraged to create a separate Style Dots related “Fan Page”, or any equivalent Social Media page, to provide a dedicated and separate landing spot for Style Dots related updates, party plan dates and times, approved Style Dots product images, etc., which will also allow potential customers to “like” or “follow” an BOUTIQUE PARTNER’s Style Dots related “Fan Page” without a BOUTIQUE PARTNER having to “accept” them as “friends” on your personal Facebook page/wall.
184.108.40.206 - BOUTIQUE PARTNERs Are Responsible for Postings
BOUTIQUE PARTNERs are personally responsible for their online postings and all other online activity that relates to Style Dots. Therefore, even if a BOUTIQUE PARTNER does not own or operate a blog or Social Media site, if a BOUTIQUE PARTNER posts to any such site that relates to Style Dots or which can be traced to Style Dots, the BOUTIQUE PARTNER is responsible for the posting and must act in a way that builds, strengthens and enhances Style Dots’ reputation, image and standing in the community. BOUTIQUE PARTNERs are also responsible for postings, which occur on any External Website that the BOUTIQUE PARTNER owns, operates, or controls.
220.127.116.11 - Identification as an BOUTIQUE PARTNER
BOUTIQUE PARTNERs must disclose their full names on all relevant Social Media profiles that relate to Style Dots and its products or business, and each must conspicuously identify themselves as an “Independent Style Dots Representative.” Anonymous postings or use of an alias is prohibited.
18.104.22.168 - Social Media as a Sales and Promotion Forum
External Websites, specifically Social Media sites, are relationship-building sites. While building relationships is an important part of the sales process, External Websites, including, without limitation, Social Media shall not use any Social Media or External Website to explain the Style Dots Compensation Plan or any component thereof.
22.214.171.124 - Deceptive Postings
Online postings that are false, misleading, or deceptive are prohibited. This includes, but is not limited to, false or deceptive postings relating to the Style Dots income opportunity, Style Dots’ products, and/or BOUTIQUE PARTNER biographical information and credentials.
126.96.36.199 - The Official Style Dots Facebook Page
Style Dots has an official Company Facebook page. BOUTIQUE PARTNERs may not place linking information on Style Dots’ company Facebook page, nor may they post any pricing, promotions, marketing material, sales, advertisements, or announcements relating to their businesses on Style Dots’ Company Facebook page. Style Dots reserves the right to remove any messages posted on the official Company Facebook page as determined in its sole discretion.
3.2 - Trade Shows and Other Sales Forums
Boutique Partner’s may display and/or sell Style Dots products at a Tradeshow. A “Tradeshow” is an organized event of a relatively large number of vendors held at a specific location, which does not last more than fourteen (14) days over any consecutive sixty (60) day period, at which various products and/or services are displayed, sold or otherwise marketed to attendees. Tradeshows are available to Boutique Partner’s on a first-to-register basis and multiple Boutique Partners are not allowed at a single Tradeshow.
Boutique Partner’s may display and/or take orders for Style Dots products inside a Showroom. A “Showroom” is a room for holding organized sales parties or sales events at limited, pre-designated times at which invitees to such parties or sales events (and not walk-in customers) may place orders for Style Dots products. The following activities are prohibited at a Showroom or surrounding premises: delivering (e.g., cash-and-carry) Style Dots product to a Customer; displaying Style Dots product in a manner that is visible from outside the Showroom; and displaying signage that indicates that Style Dots product is sold or otherwise promoted in the Showroom. Notwithstanding the foregoing, Boutique Partner’s may not sell Style Dots products at swap meets, or flea markets as these events are not conducive to the quality image Style Dots wishes to portray.