Create Your Cosmetics Consultant Agreement

Terms and Conditions

A. CREATE YOUR COSMETICS CONSULTANT AGREES:

  1. To purchase Create Your Cosmetics products from the Company exclusively and resell such products to ultimate consumers as an independent contractor and not to sell or display those products in retail sales or service establishments. As a professional Create Your Cosmetics Consultant, I agree to assure that each initial user is furnished with an opportunity to try the products before buying and receives sufficient personal instruction to assure proper use and promote ultimate consumer satisfaction.
  2. To maintain the highest standards of integrity, honesty and responsibility in my business dealings with the Company, consumers and other Create Your Cosmetics Consultants. To present Create Your Cosmetics products in a truthful and sincere manner and hold the Company harmless from damages resulting from misrepresentations by me.
  3. To protect the Create Your Cosmetics trademarks and trade name by obtaining the Company’s written permission prior to my use in any advertising (including but not limited to the Internet) or literature other than Company-published material. I understand that display or sale of Create Your Cosmetics products in public, retail or service establishments of any kind is inconsistent with the terms of this Agreement.
  4. That I am an independent contractor and not an employee of the Company; that this Agreement is not a contract for the supply of services of performance of any work; that I am in business for myself and as such am independently responsible for any profit or loss relating to my business; that I will bear all costs and expenses incurred in connection with my independent business activities hereunder, including, but not limited to, all costs, expenses, taxes, worker compensation payments and other mandatory payments for myself and any employee employed by me; that I will ensure that I am ABN and/or GST registered if required by law and notify the Company of such registration or subsequent cancellation; that I will abide by all applicable laws governing my independent Create Your Cosmetics business; and I will indemnify and keep the Company indemnified against all actions, proceedings, liabilities, claims, damages, costs and expenses arising out of or in any way relating to my business activity hereunder, except as such relates to the inherent quality and fitness of the Company’s products.
  5. To purchase a Create Your Cosmetics Starter Kit and all Create Your Cosmetics products only from the Company. I will provide the Company with each order submitted (or within such period thereafter as the Company may from time to time allow) payment in the form of paypal payments for the full amount due. I understand that all orders are subject to acceptance by the Company and the terms of this Agreement.
  6. I am not a joint venture with, or franchise, partner, agent or employee of the Company. I have no power or authority to incur any debt, obligation or liability on behalf of the Company. I understand that all Consultants, Managers and Directors are independent contractors and are subject to this provision.
  7. The Company may change recommended retail prices, discounts, bonuses, transportation charges, contest rules and active status requirements at any time with ten (10) days prior written notice to the Create Your Cosmetics Consultant. Written notice may be given in the form of a publication on the Company website(s) and email.
  8. The Company reserves the right to assure continued service to my customers if I cease to be an active Consultant.
  9. The Company may release my name and telephone number in response to a customer’s request for an Consultant in my area. The Company may inform my Manager and Director of my purchase and payment activities; that the Company, my Manager and Director may, for the purpose of recognising my outstanding sales and teambuilding efforts, publish my name and commissions earnings on the Company website(s) as well as Director-published newsletters; and that it such information is not to be released. I agree to notify the Company that I do not want this information released by written notice directed to the Company.
  10. To comply with any charges to the General Terms and Conditions of the Create Your Cosmetics Consultant Agreement that may be made by the Company.
  11. In the event an amount is owed to me by the Company and no submitted paypal authorisation is on file, the Company may issue and apply a credit to my Create Your Cosmetics account with the Company. I understand the credit will automatically be deducted from any amounts outstanding and may be used as payment towards my product purchases.
  12. Upon this agreement being processed, to receive communications from the Company including print, SMS and e-communications.
  13. B. CREATE YOUR COSMETICS PTY. LTD. (“THE COMPANY”) AGREES:
  1. To allow a discount from suggested retail prices on selected items . The discount shall not apply to samplers, premiums, demonstrators, literature, host gifts or sales promotion items.
  2. To pay Create Your Cosmetics Consultant a monthly personal team commission on all purchases of Company products (excluding Create Your Cosmetics Starter Kit(s) and sales aids) made by persons whom the Create Your Cosmetics Consultant has personally recruited to become Create Your Cosmetics Consultants and who have been accepted by the Company, with commissions in such amounts and calculated in such manner as specified by the Company in its then current Career Path Brochure for so long as both Create Your Cosmetics Consultant and team members are active. Create Your Cosmetics Consultant must be active and have one (1) active team member in order to receive a monthly personal team commission. Create Your Cosmetics Consultant is considered “active” in the month the minimum product order(s) (as determined and published by the Company from time to time) is accepted and processed by the Company and in the following one calendar month. Should any products for which a payment due date specified by the Company ,the commission payable to the Create Your Cosmetics Consultant in the month in which the unpaid order was processed shall be adjusted as if the unpaid order had never been processed and any reduction in commission resulting from such adjustments shall be reduced from the commissions payable to the Consultant for the following month.
  3. The Company agrees the commission payable to the Create Your Cosmetics Consultant shall be paid according to the submitted Paypal Authorisation on file with the Company.
  4. No geographical territories or limits concerning sales or teambuilding with Australia are imposed on Create Your Cosmetics Consultants.
  5. That the Consultant is an independent contractor in business for herself and as such is free to select her own means, method and manner of operation, and to choose the hours and location in which she will conduct her activities as Create Your Cosmetics Consultant. The Company neither has, nor retains, any right of control over the Create Your Cosmetics Consultant.
  6. To re-purchase, upon the termination of this Agreement, at ninety percent (90%) of Create Your Cosmetics Consultant’s original net cost, Consultant’s Create Your Cosmetics Starter Kit if original and unused, and original and unused products, provided such terms were purchased by the Consultant from the Company within one (1) month prior to return. Products must be shipped to the Create Your Cosmetics Brisbane office at Consultant’s expense. The Company’s cost of any prized or commissions awarded to the Consultant because of the original purchase, any indebtedness the Create Your Cosmetics Consultant owes the Company and any necessary GST adjustments will be deducted from the re-purchase amount. Create Your Cosmetics Consultants who return merchandise to the Company are not eligible to rejoin Create Your Cosmetics as an Consultant. Business Aid items are not intended to be purchased from the Company for re-sale and are not subject to this re-purchase provision.
  7. Customer names and addresses furnished by the Create Your Cosmetics Consultant to the Company will be used by the Company for advertising and promotional programs.
  8. There will be no direct sales from the Company to the Create Your Cosmetics Consultant’s customer without a commission being paid to customer’s Create Your Cosmetics Consultant, provided the Consultant is a member of the Create Your Cosmetics sales organisation at the time of the sale. Commissions will be charged back on customer’s returns.
    C.BOTH PARTIES AGREE:
  9. This Agreement is subject to acceptance by the Company at its corporate headquarters in Brisbane, Australia, through issuance of a Notice of Acceptance. Such acceptance is conditioned upon receipt of a Create Your Cosmetics Starter Kit by Create Your Cosmetics Consultant.
  10. This Agreement shall be governed by the laws of the State of Queensland, Australia as to all matters. The parties further agree that if any dispute or controversy arises between them concerning any matter relating to this Agreement, that any issues which either party may elect to submit for legal jurisdiction shall be submitted to the jurisdiction of the courts of Brisbane and the parties agree that the proper venue shall be the city of Brisbane, Australia.
  11. In the interpretation of this Agreement, the feminine gender shall include the masculine and neuter genders. If any term or provision of this Agreement is held to be illegal, invalid or unenforceable for any reason, such illegality, invalidity or enforceability shall not affect the validity or enforceability of any other provision in this Agreement. The waiver of a breach of any provision of this Agreement shall not be deemed to constitute the waiver of any other breach of the same or any other provisions.
  12. This document constitutes the entire agreement between the Company and the Consultant and the Agreement shall not be deemed to be changed, modified or altered by reason of any advice, suggestions, guides or sales aids furnished by the Company to the Create Your Cosmetics Consultant.The terms and conditions of this Agreement may be amended, modified or altered by a written instrument signed by an authorised officer of the Company which shall become effective once written notice is provided to the Consultant. Such written notice may be in the form of a publication in Company communications.
  1. This Agreement shall be effective from the date of acceptance until December 31 of the same year and shall thereafter be automatically renewed each January 1, for additional terms of one year each. This Agreement may be terminated by either party immediately for any breach of its provisions unless such breach is waived by the other party. In addition this Agreement may be terminated by the Create Your Cosmetics Consultant at any time and for the reason by written notice to the Company; or by the Company at any time and for any reason by not less than thirty (30) days written notice to the Consultant.
  2. This is the only Agreement between the parties relating to the subject matter hereof, and both parties acknowledge that the Create Your Cosmetics Consultant is not an employee of Company and will not be treated as an employee with respect to this Agreement for federal, state or local tax purposes, or otherwise.

I have read and will abide by the general terms and conditions of this document. I am over 18 years of age.