About You Membership Level Product Packages Finalize   Janelle Beauty Consultant Terms and Conditions Please review the terms and conditions below before proceeding with the consultant registration process.   The Independent Consultant Agrees: 1. That as a distributor for the Company I shall purchase products from the Company and resell the same to customers by regularly conducting home-based parties, catalog shows and any further demonstrations which may be introduced at a later date. I understand that the Company may change the prices of the products and promotional materials at any time. I agree to the prices and terms in effect at the time of shipment. 2. To purchase an initial Kit which will include certain items as determined by the Company, plus shipping and handling and is not commissionable. 3. To present and sell products through the systems and methods as directed by the Company. 4. That I am an independent contractor and reseller of products, and that I am not an employee, agent, manager, partner, legal representative, sales representative, joint venturer, or franchisee of the Company. I am not authorized to and will not incur any debt, expense, obligation, or open any checking account on behalf of, for, or in the name of the Company. I will control the manner and means by which I operate my distributorship, subject to compliance with the Terms and Conditions of this Agreement. I will be solely responsible for paying all expenses incurred by me, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF THE COMPANY FOR ANY FEDERAL OR STATE TAX PURPOSES. The Company is not responsible for withholding, and shall not withhold or deduct from my payment amounts, if any, taxes of any kind, unless such withholding becomes legally required. 5. To submit product orders to the Company accompanied by full payment by my personal check, money order, credit card or other payment method deemed acceptable by the Company. I understand that all orders are subject to acceptance by the Company. I understand that I may not buy any products directly from manufacturers for resale to customers. 6. That my rights and obligations in this Agreement cannot be transferred or assigned. 7. To indemnify and hold the Company, its employees and agents harmless from damages resulting from actions or inactions by me or my failure to abide by the Terms and Conditions of this Agreement. 8. To demonstrate and sell only Company products at Janelle Beauty Parties. I will not demonstrate or sell any other products, including any products made personally by me, as part of my Janelle Beauty business, at any Spa Show or at a Company-sponsored event or meeting. 9. That I must be in good standing and not in violation of any of the Terms and Conditions of this Agreement in order to be eligible to receive any payment amounts from the Company as set forth in the Compensation Plan. 10. If I fail to annually renew this Agreement or it is canceled or terminated for any reason, I will permanently lose all rights as a consultant for the Company (including but not limited to my sales organization and to any payment amounts derived from the sales and other activities of my sales organization). 11. That if I fail to comply with the terms of this Agreement, the Company may, at its discretion, terminate my distributorship. If I am in breach, default or violation of this Agreement at termination, I shall not be entitled to receive any further payment amounts, whether or not the sales for such payment amounts have been completed. If I fail to pay for products or services when payment is due, I authorize the Company to retain or withhold the appropriate amounts from any product purchased, any payment checks due to me or any other monies transferable between Company and me. I understand that the failure to promptly pay for products constitutes a breach of this Agreement. 12. I understand that payment from my customers for my sales to the customers can be made either by cash, check, or credit card, as determined by me in the course of operating my business. With regard to any and all payment, my customers will pay me directly, and I will pay the Company for the products ordered at the prices then in effect. The wholesale price and retail price of each product will be determined by the Company. I understand that I assume the risk of non-collection of the checks in the event they are not honored by the bank upon which the checks are drawn. I will be responsible for any and all credit card charge backs resulting from credit card sales to my customers. 13. I acknowledge that the Company shall retain all legal rights to any and all intellectual property which the Company provides to me under this agreement, including but not limited to patents, trademarks, copyrights, trade secrets, confidential business information, forms, brochures and any and all other materials and information produced and provided by the Company and used in any manner by me. This agreement shall not constitute an approval of or acquiescence in my practices with respect to trademarks, trade names, corporation names, advertising, or similar practices with respect to the marketing or sale of Company’s Products, nor does this agreement constitute an authorization or approval of, or acquiescence in the use of Company’s name or any trade name or trademark of Company or its affiliates in connection with the manufacture, advertising or sale of the Company’s Products, and Company hereby expressly reserves all rights with respect to thereto. 14. I accept the full responsibility for training any new Consultants I recruit with regard to Products, including, but not limited to, general knowledge of Company’s procedures, policies, programs and ordering procedures as outline in the Consultant Training Materials. 15. I understand and agree that the Company has the right to alter, modify or change the terms and conditions of this Agreement, including such items as discount levels, commissions, and shipping provisions at any time with a ten (10) day written notice of such change, and I agree to be bound by such altered, modified, or changed terms and conditions as reflected in the most current versions of this Agreement and the Janelle Beauty Independent Consultant Handbook. 16. That as a Consultant I will not purchase any products or services solely for the purpose of qualifying for Compensation Plan amounts. 17. This Agreement constitutes the full agreement between me and the Company and no other additional promises, representations, guarantees or agreements of any kind shall be valid unless in writing and issued by the Company. 18. MEDIATION; ARBITRATION: Any controversy or claim, whether based on contract, tort, strict liability, misrepresentation, or any other legal theory, related directly or indirectly to this Agreement (“Dispute”) will be resolved solely in accordance with the terms of this section. If the Dispute cannot be settled by good faith negotiation between the parties, the parties will submit the Dispute to non-binding mediation in the state of New Hampshire. If complete agreement cannot be reached within 30 days after submission to mediation, any remaining issues will be resolved by binding arbitration under the then current rules of the alternate dispute resolution (ADR) firm selected by the parties. If the parties are unable to agree on an ADR firm, the parties will conduct the mediation and, if necessary, the arbitration under the then current rules and supervision of the American Arbitration Association (AAA). Each party will (i) bear its own attorney fees associated with the mediation and, if necessary, the arbitration, and (ii) pay all other costs and expenses of the mediation/arbitration as the rules of the selected ADR firm provide. 19. CONSULTANT AGREES: That the Company may use my name and likeness in publications, materials, and other promotional efforts that promote Janelle Beauty Inc. and any and all related products and services. 20. RENEWAL: This Agreement shall be in effect for a period of one year beginning on the date of acceptance by the Company and ending one year thereafter; and subject to this Agreement, shall be automatically renewed upon payment of renewal fee, unless written notice to terminate is given by a party or Consultant does not meet “Active Consultant” definition in the Compensation Plan. 21. SALES TAXES: I must collect any applicable sales tax from the customer and immediately remit the amounts collected to the Company. The Company shall remit to the proper governmental agencies the applicable sales tax generated as a result of any sale of the products as permitted by this Agreement. When orders are placed with the Company, sales tax based actual selling price will be included. I agree to be bound by all sales tax collection agreements between the Company and all appropriate taxing jurisdictions, and all related rules and procedures. 22. BUSINESS TAXES AND LICENSES: I understand that it is my responsibility as a Consultant to comply with all federal, state, and local income taxes, self-employment taxes, business licenses, sales licenses and all other related licenses and taxes in operating my business. As a business owner, I am responsible for filing all required tax returns and information reporting with federal, state, and local tax authorities (except sales tax), including IRS Form 1099 for payments made to others. 23. NONCOMPETITION AND CONFIDENTIALITY: During the term of this Agreement and for a period of one year after the termination of this Agreement for any reason I agree that I will not directly or indirectly compete with the Company including but not limited to being involved in the sale or promotion of beauty products in any area in which the Company is selling or promoting sales of its products including but not limited to the World Wide Web or its successors. I agree that I will not disclose any confidential information or trade secrets of the company. The Company’s business relationship with its vendors, manufacturers and suppliers is confidential. A Consultant shall not contact, directly or indirectly, or speak to or communicate with any representative of any supplier or manufacturer of the Company except at a Company sponsored event at which the Consultant is present at the request of the Company. I acknowledge that I have read, understand, and agree to the terms set forth in this Independent Consultant Agreement. I am 18 years of age or older, I am a citizen or permanent resident of the United States, and I have a valid Social Security number. Consultant Name (please print) Consultant Signature     I agree.