CONSENT TO ELECTRONIC RECORD
IMPORTANT E-SIGN NOTICE – CONSENT TO ELECTRONIC RECORD
E-SIGN, the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001, et seq.), requires that you consent to entering into an electronic agreement with Cinder & Sky, DBA Cinder & Sky (hereinafter “Cinder & Sky”) before the agreement is executed. Please read the following information carefully.
1. Should you enter into an online Independent Stylist Agreement with Cinder & Sky, you will not be required to submit a paper application. The entire agreement between you and Cinder & Sky will be evidenced by an electronic record. However, you must consent to the use of an electronic record and must read the Terms and Conditions of the Stylist Agreement, Cinder & Sky’s Policies and Procedures, and the Compensation Plan during the enrollment process and electronically acknowledge that you have read these documents.
2. To access these documents and submit your online application, you will need a personal computer with Internet access, Internet browser software and PDF reader software.
3. You may withdraw your consent to the use of electronic records at any time. However, should you do so, your Stylist Agreement will be automatically terminated and you will lose all rights to any downline organization (including but not limited to any property rights you may have), and you will lose all rights to all remuneration under the Cinder & Sky Compensation Plan. Should you wish to withdraw your consent to the exclusive use an electronic agreement (and thereby terminate your agreement with Cinder & Sky), or update any of your personal information, you must do so by contacting [email protected]
5. You agree that Cinder & Sky may amend the Stylist Agreement and all documents incorporated therein at its sole discretion upon proper notice as specified in those documents. You may also access the version of these documents that were in effect at the time you executed your electronic agreement. Any outdated documents are archived by Cinder & Sky and are available by contacting Cinder & Sky. The most current version of the Terms and Conditions, the Policies and Procedures, and the Compensation Plan are always available in your Cinder & Sky Back Office for viewing, printing and downloading.
6. Should there ever be a change in the equipment or software necessary to access the Stylist Agreement and the documents incorporated therein, Cinder & Sky will advise you of the same and will provide you with a list of the equipment and software that is necessary. Upon such event, you may voluntarily terminate your agreement with Cinder & Sky.
7. By clicking on “I AGREE” below, you consent to use of electronic records evidencing your Cinder & Sky Independent Stylist Agreement. If you click on the “Cancel” box, the enrollment process will be terminated and you will be returned to our home page.
POLICY AND PROCEDURES
1. Polices and Compensation Plan incorporated into Independent Stylist Agreement;
Amendments. These Policies and Procedures, in their present form and as amended at the sole discretion of Cinder & Sky. Inc. (hereafter “Cinder & Sky” or the “Company”), are incorporated into the Cinder & Sky Independent Stylist Agreement. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Cinder & Sky Independent Stylist Agreement, the Policies and Procedures, the Cinder & Sky Compensation Plan, and the Cinder & Sky Business Addendum (the Business is only applicable to Stylists who enroll as a business entity). Independent Stylists shall be referred to the herein as “Stylists.” The Company reserves the right to amend the Agreement at its discretion. Amendments shall be effective 30 days after the notice and publication of the amended provisions in the Stylist’s Back –Office, but amended policies shall not apply retroactively to conduct that occurred prior to the effective date of the amendment.
2. Policies and Provisions Severable. If any provision of the Agreement in its current form or as amended, is held void or unenforceable, only the void or unenforceable portion(s) of the provision shall be severed from the Agreement and the remaining provisions shall remain in effect. The severed provision shall be reformed so that it is in compliance with the lawn and reflects the purpose of the original provision as closely as possible.
3. Term and Renewal of Your Cinder & Sky Business. The term of the Independent Stylist Agreement is one year from the date of enrollment. It shall automatically renew each year unless: (a) the Stylist submits her voluntary cancellation to the Company; (b) the Stylist’s business is involuntarily canceled by the Company; or (c) the Stylist’s business is canceled for inactivity.
4. Compliance with the Law. Stylists must not engage in any act or omission that constitutes a violation of the law.
5. General Conduct. Stylists shall safeguard and promote the good reputation of Cinder & Sky and its products, and must avoid all deceptive, misleading, unethical or immoral conduct or practices, and must exhibit high moral character in their personal and professional conduct. Stylists shall not engage in any conduct that may damage the Company’s goodwill or reputation. While it is impossible to specify all misconduct that would be contrary to this policy, and the following list is not a limitation on the standards of conduct to which Stylists must adhere pursuant to this policy, the following standards specifically apply to Stylist’s activities:
• Stylists must conspicuously identify themselves as an independent Cinder & Sky Stylist in all advertising, telephone directory listings, promotional material, social media postings and other forums in which they promote Cinder & Sky’s products and/or the Cinder & Sky business. Stylists are responsible for the content of all material that they produce and all of their postings on social media site, as well as all postings on any social media site that they, operate, or control.
• Deceptive conduct is always prohibited. Stylists must ensure that their statements are truthful, fair, accurate, and are not misleading in any fashion;
• Stylists may not make any social media postings, or link to or from any postings or other material that is sexually explicit, obscene, pornographic, offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise), is graphically violent, is solicitous of any unlawful behavior, that engages in personal attacks on any individual, group, or entity, or is in violation of any intellectual property rights of the Company or any third party.
• If a Stylist’s Cinder & Sky business is canceled for any reason, the Stylist must discontinue using the Cinder & Sky name, and all other Cinder & Sky intellectual property, and all derivatives of such intellectual property, in postings on all Social Media, and other promotional material.
• Stylists may not represent or imply that any state or federal government official, agency, or body has approved or endorses Cinder & Sky, its program, or products.
6. Social Media. In addition to meeting all other requirements specified in these Policies, should a Stylist utilize any form of social media, including but not limited to blogs, Instagram, Facebook, Twitter, LinkedIn, You Tube, or Pinterest, the Stylist agrees to each of the following:
• No product sales or enrollments may occur on any social media site. To generate sales, a social media site must link only to the Stylist’s Cinder & Sky replicated website, Cinder & Sky’s corporate website or an official Cinder & Sky corporate social media page.
• Any social media site that is directly or indirectly operated or controlled by a Stylist that is used to discuss or promote Cinder & Sky’s products, or the Cinder & Sky opportunity may not link to any website, social media site, or site of any other nature, other than the Stylist’s Cinder & Sky replicated website.
• During the term of this Agreement and for a period of 12 calendar months thereafter, a Stylist may not use any social media site on which they discuss or promote, or have discussed or promoted, the Cinder & Sky business or Cinder & Sky’s products to directly or indirectly solicit Cinder & Sky Stylists for another direct selling or network marketing program (collectively, “direct selling”). In furtherance of this provision, a Stylist shall not take any action that may reasonably be foreseen to result in drawing on inquiry from other Stylists relating to the Stylist’s other direct selling business activities. Violation of this provision shall constitute a violation of the non-solicitation of provision in Policy 20.
• If a Stylist creates a business profile on any social media site that promotes or relates to Cinder & Sky, its products, or opportunity, the business profile page must relate exclusively to the Stylist’s Cinder & Sky business and Cinder & Sky products. If the Stylist’s Cinder & Sky business is canceled for any reason or if the Stylist becomes inactive, the Stylist must deactivate the business profile page.
Stylists may not use the Cinder & Sky official Facebook Page, or any of the Company’s other official social media pages or forums to solicit or direct business or prospects to their Replicated Websites or to their social media sites.
7. Stylist Created Marketing Methods, Advertising, and Promotional Material (Sales Tools). Subject to the requirements set forth in these Policies, Stylists may create their own sales aids, presentations, advertising and promotional materials, and marketing methods (collectively “Sales Tools”). To ensure that the Sales Tools properly display Cinder & Sky’s trademarks and trade names, are not deceptive and contain only substantiated claims, all Stylist created Sales Tools must be submitted to the Company and receive written approval before they can be used or made public. Stylists who receive written authorization from Cinder & Sky to produce and publish Sales Tools may make approved Sales Tools available to other Stylists free of charge if they wish, but may not sell the Sales Tools to other Cinder & Sky Stylists (any sale or attempt to sell Sales Tools to another Stylist will result in the termination of the offending Stylist’s Cinder & Sky business). Cinder & Sky reserves the right to rescind approval for any approved Sales Tools, and Stylist’s waive all claims against Cinder & Sky, its officers, directors, owners, employees, and agents for damages, expenses, costs, or remuneration of any other nature arising from or relating to such recession. Approved Sales Tools will be posted in the Marketing Library section of Stylist’s Back-Offices, and will be available for all Stylists’ use free of charge. The Stylist(s) who created the Sales Tools grants Cinder & Sky and its independent Stylists an irrevocable license to use the Sales Tools at their discretion, and waives all claims to intellectual property rights, including but not limited to copyright claims, and/or claims for remuneration against Cinder & Sky, its officers, directors, owners, agents, and other Independent Stylists for such posting, distribution, and/or use of the Sales Tools.
Approved Sales Tools will be posted in Stylists’ Back-Offices and will be made available to all Stylists free of charge. The Stylist who submitted the Sales Tools to the Company waives all claims to remuneration for such use and grants Cinder & Sky an irrevocable license to use the Sales Tools as the Company deems appropriate.
8. Trademarks and Copyrights. The name “Cinder & Sky” and other names as may be adopted by the Company are proprietary trade names, trademarks and service marks of Cinder & Sky. The Company grants Stylists a limited license to use its trademarks and trade names in promotional media for so long as the Stylist’s Agreement is in effect. Upon termination of a Stylist’s Agreement, his or her license shall immediately expire and the Stylist shall immediately discontinue all use of the Company’s trademarks and trade names. Under no circumstances may a Stylist use any of the Cinder & Sky’s trademarks or trade names, or any derivative of the Company’s trademarks or trade names, in any email address, website domain name, social media handle, social media name or address, or in any unapproved Sales Tools.
Cinder & Sky commonly puts on live recorded events as well as webinars and telephone conference calls. During these events Company executives, Stylists, and guest appear and speak. The content of such events is copyrighted material that is owned exclusively by the Company. Stylists may not record any company functions for any reason, whether such event is live, a webinar, via conference call, or delivered through any other medium.
In addition, company produced Sales Tools, audios, podcasts, and printed material is also copyrighted. Stylists may download approved sales tools from their back offices, but shall not copy any such materials for their personal or business use (other than Cinder & Sky business uses) without the Company’s prior written approval.
9. Stylist Web Sites. Stylists may not create their own websites to promote the Cinder & Sky business or Cinder & Sky’s products. Official Cinder & Sky supplied Replicated Websites are the only online forum through which Cinder & Sky products may be sold and Cinder & Sky Stylist enrollments transacted (prohibited online forums include, but are not limited to, Stylists’ external websites, online auctions and classified listings(. Stylists may use social media sites to conduct online discussions about Cinder & Sky, but no sales or enrollments may be transacted through any social media site. Stylists may link their social media site to their Cinder & Sky Replicated Website.
10. Team Websites. “Team Websites” are not a violation of Cinder & Sky’s policy prohibiting Stylists from developing independent websites. A “Team Website” must be password protected and available only to Stylists within a single line of sponsorship. Team Websites must serve only as a forum for communication, training, recognition, connecting and motivating Stylists within that line of sponsorship. Team Websites may not be used for recruiting or sales purposes, and may not be shared with prospective Stylists. Team Websites must comply with all of Cinder & Sky’s Policies and Procedures, and Team names must on infringe on any of the Company’s trademarks or trade names.
11. Retail Outlets and Service Establishments. Cinder & Sky strongly encourages the retailing and selling of its products through person-to-person contact. In an effort to reinforce this method of selling and to help protect the independent contractor relationship between the Stylists and Cinder & Sky, Stylists may not display of sell Cinder & Sky products or literature, or in any other way promote the Cinder & Sky opportunity or products in any retail, wholesale, warehouse, or discount establishment.
12. Service Related Establishments. Stylists may promote and sell Cinder & Sky products in service-related establishments. A service-related establishment in on whose primary revenue is earned by providing personal service rather than by selling products. Such establishments include offices of doctors, dentists and other health professionals; health clubs or fitness centers; beauty salons/ and any other business where customers use of the establishment is controlled by membership or appointment. Cinder & Sky reserves the right to make the final determination as to whether an establishment is service-related or is a proper place for the sale of its products.
13. Shows and Events. Stylists may have a booth or display at shows and events such as Christmas shows, wedding shows, women in business shows, etc. Only one Stylist may display at any show or event. If interested in displaying at an event, the Stylist must first contact the event organizer to be sure there is no other Stylist registered with the company name. If no other Stylist is registered, the Stylist may participate in the show. First Stylist to register with the organizer as a Cinder & Sky Independent Stylist has first priority to the event.
• Registration with the Organizer of the Event must include the Stylist’s name with the designation “Cinder & Sky Independent Stylist.”
• The entire cost of participating in the event the responsibility of the Stylist. Stylists have no authority to bind the Company to any obligation to participate in any event.
• The Stylist must provide her own liability insurance for the event.
• Product exchanges resulting from sales at an event must be accompanied by the original receipt of purchase.
14. Change of Sponsor. A Stylist may change his/her sponsor by voluntarily canceling his/her Cinder & Sky business in writing and remaining inactive for six (6) full calendar months. Following the six calendar month period of inactivity, the former Stylist may reapply under a new sponsor. The Stylist will lose all rights to his/her former down-line organization upon his/her cancelation. Alternatively, a change of sponsor may occur when the request is initiated and made by the current direct sponsor and agreed upon in writing by the Stylist who is to change sponsors and all upline Stylists up to and including the first upline Director of the Stylist who is to change sponsors, as well as the new sponsor.
15. Waiver of Claims. In cases wherein a Stylist improperly changes his/her sponsor, Cinder & Sky reserves the sole and exclusive right to determine the final disposition of the down-line organization that was developed by the Stylist in his/her second line of sponsorship. StylistS WAIVE ANY AND ALL CLAIMS AGAINST Cinder & Sky, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO ARISE FROM Cinder & Sky DECISION REGARDING THE DISPOSITION OF ANY DOWN-LINE ORGANIZATION THAT DEVELOPS BELOW A Stylist WHO HAS IMPROPERLY CHANGED HIS/HER SPONSOR.
16. Income Claims. When presenting or discussing the Cinder & Sky opportunity or Compensation Plan to a prospective Stylist, Stylists may not make income projections, income claims, income testimonials, or disclose their Cinder & Sky income (including but not limited to, the showing of checks, copies of checks, bank statements, or tax records), or the income of any other Cinder & Sky Stylist. Nor may Stylists make “lifestyle” income claims. A “lifestyle” income claim is a statement or depiction that infers or states that the Stylist is able to enjoy a financially successful lifestyle due to the income they earn from Cinder & Sky business. Examples of prohibited lifestyle claims include, but are not limited to, representations (either through audio or visual medium) that a Stylist was able to quit his/her job, send her children to private schools, acquire expensive or luxury material possessions, or travel to exotic destinations.
17. Compensation Plan Claims. When presenting or discussing the Cinder & Sky compensation plan, you must make it clear to prospects that financial success in Cinder & Sky requires commitment, effort and sales skill. Conversely, you must never represent that one can be successful without diligently applying themselves. Examples of misrepresentation would include, but are not limited to:
• It’s a turnkey system.
• The system will do the work for you.
• Just get in and your down-line will build through spillover.
• Just join and I’ll build your down-line for you.
• The company does all the work for you.
• You don’t have to sell anything.
• All you have to do is buy your products every month.
The above are just examples of improper representations about the compensation plan. It is important that you do not make these, or any other representations, that could lead a prospect to believe that they can be successful as a Stylist without commitment, effort, and sales skills.
18. Media Inquiries. Stylists must not interact with the media regarding the Cinder & Sky business or products. All inquiries from the media, including radio, television, print online, or any other medium, shall be directed to Cinder & Sky’s marketing department.
19. Non-solicitation. During the term of the Agreement and for one year thereafter, with the exception of a Stylist’s personally sponsored down-line Stylists, a Stylist may not directly or indirectly Recruit other Cinder & Sky Stylists for any other network marketing business. The term “Recruit” means the direct or indirect, actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, another Cinder & Sky Stylist to enroll or participate in another network marketing opportunity.
If a Stylist is engaged in other non-Cinder & Sky business or Network Marketing program, it is the responsibility of the Stylist to ensure that his or her Cinder & Sky business is operated entirely separate and apart from all other businesses and/or Network Marketing Programs.
To this end, the Stylist must not:
• Stylists at the rank of Director and above may not display Cinder & Sky promotional material, sales aids, or products with or in the same location (including but not limited to any online or social media forum or platform) as any non-Cinder & Sky promotional material or sales aids, products or services.
• Offer the Cinder & Sky opportunity, products or services to prospective or existing customers or Stylists in conjunction with any non-Cinder & Sky program, opportunity or products.
• Offer, discuss or display any non-Cinder & Sky opportunity, products, services or opportunity at any Cinder & Sky related trunk-show, meeting, seminar, convention, webinar, tele-conference, or other function.
Cinder & Sky and Stylists agree that any violation of this policy shall cause Cinder & Sky irreparable harm from which there is no adequate remedy at law, and the injury to Cinder & Sky shall outweigh the potential injury to Stylists, and therefore Cinder & Sky shall be entitled to emergency and permanent injunctive relief to prevent further violations of this policy.
20. Confidential Information. “Confidential Information” includes, but is not limited to the identities, contact information, and/or sales information relating to Cinder & Sky’s Stylists and/or customers: (a) that is contained in or derived from any Stylist’s respective Back-Office; (b) that is derived from any reports issued by Cinder & Sky to Stylists to assist them in the operating and managing their Cinder & Sky business; and/or (c) to which a Stylist would not have access or would not have acquired but for his/her affiliation with Cinder & Sky. Confidential Information constitutes proprietary business trade secrets belonging exclusively to Cinder & Sky and is provided to Stylists in strict confidence. Confidential Information shall not be directly or indirectly disclosed to any third party nor used for any purpose other than Stylist’s use in building and managing his/her independent Cinder & Sky business.
21. Product Inventory. Cinder & Sky’s business model is designed so that Stylists do not carry an inventory of products. Stylists solicit and submit orders to the Company, primarily through home-based parties, and the Company direct ships the orders to the party hostess, who then distributes the goods to her party guests. There is no need for the Stylists to carry an inventory of Cinder & Sky products for resale and Cinder & Sky discourages Stylists from carrying an inventory and re-selling from their inventory.
22. Bonus Buying. Bonus buying is prohibited. Bonus buying includes the purchase of merchandise for any reason other than bona fide personal use, occasional resale, or display samples. Any mechanism or artifice to qualify for rank advancement or maintenance, incentives, prizes, commissions or bonuses that are not driven by bona fide product purchases by end use consumer for actual use. Stylists who have sold $1,500 in lifetime sales and promote from Junior Stylist to Stylist may purchase one of each item that the company offers at 50% off of the suggested retail price. This discount is offered so that Stylists can develop their own sample kit to display at Socials. No PV is assigned to products purchased at this discount.
23. Limitations on Stylist and Household Businesses. Stylists may own, operate, control, or have an interest in, only one Cinder & Sky business. There may be no more than two Cinder & Sky businesses in a household. A “household” is defined as a spouses or couples, and dependent children of one or both spouses or couples living in the same home of the spouses or member of the couple. If there are two Cinder & Sky businesses in a household, they must have the same sponsor.
24. Actions of Household Members. If a household family member of a Stylist engages in conduct that would be a violation of the Agreement, the conduct of the household family member shall be imputed to the Stylist.
25. Tampering with Product Packaging. Cinder & Sky products must be sold in their original packaging; Stylists shall not alter the original packaging or labeling.
26. Negative Comments. Complaints and concerns about Cinder & Sky should be directed to the Customer Service Department. Stylists must not demean, or make negative remarks to third parties or other Stylists about Cinder & Sky, its owners, officers, directors, management, other Cinder & Sky Stylists, Cinder & Sky’s Compensations plan, or Cinder & Sky’s directors, officers, or employees.
27. Sales Receipts. Stylists must provide their retail customers that purchase merchandise directly from the Stylist with two copies of her Cinder & Sky Order Form at the time of the sale and advise them of the right to rescind the transaction, which is set forth on the Order Form. Stylists must maintain all retail sales receipts for a period of two years and furnish them to Cinder & Sky at the Company’s request. Retail customers who purchase from a Stylist’s Replicated Website need not be provided with a sales receipt as the receipt will automatically be sent by the Company via email at the time the order is placed.
28. Retail Commissions. All orders will be paid in full to Cinder & Sky. Personal commissions are paid on a weekly basis. The Company will pay Stylists via a direct deposit once at least $20 or more is accumulated in commissions owed. All other bonuses and commissions owed above and beyond the Stylist’s personal commissions are paid monthly via direct deposit once at least $20 or more is accumulated in commissions owed. Notwithstanding the forgoing, all commissions and bonuses owed, regardless of the amount accrued, will be paid upon termination of the Stylist’s agreement or at the end of the calendar year when the last commissions are run.
29. Adjustment to Bonuses and Commissions. Compensation stemming from product sales is fully earned when the return, repurchase, and chargeback periods applicable to the product sales have all expired. When a product is returned to Cinder & Sky for a refund or is repurchased by the Company, or a chargeback occurs, the compensation attributable to the returned or repurchased product(s) will be recovered by the Company. Unearned compensation will be deducted, in the month in which the refund is issued or the chargeback occurs, and continuing every pay period thereafter until the commission is recovered from the upline Stylists who received bonuses and commissions on the sales of the refunded products.
Cinder & Sky reserves the right to withhold or reduce any Stylist’s compensation as it deems necessary to comply with any garnishment or court order directing Cinder & Sky to retain, hold, or redirect such compensation to a third party.
30. Backorders. Cinder & Sky does not backorder out-of-stock items. You will be notified in your Back-Office or via email if an item you or one of your customers ordered is out–of-stock and a refund will be issued to you for the amount of the payment received. If you retained a retail commission from the purchase made by one of your customers, you are responsible for refunding your customer 100% of the price paid for the item as well as sales tax and shipping costs.
31. Return of Merchandise and Sales Aids by Stylists upon Cancellation. Upon cancellation of a Stylist’s Agreement, the Stylist may return products and Sales Tools that he or she personally purchased from Cinder & Sky within one year prior to the date of cancellation (the one year limitation shall not apply to residents of Maryland, Massachusetts, Wyoming and Puerto Rico) so long as the goods are in Resalable condition. Returned merchandise and Sales Tools must be received by the Company within 30 days from the date of the Stylist’s cancellation. Upon the Company’s receipt of the returned goods and confirmation that they are in Resalable condition, the Stylist will be reimbursed 90% of the net cost of the original purchase price(s). Shipping and handling charges will not be refunded. If the purchases were made through a credit card, the refund will be credited back to the same account. Goods are “Resalable” if they are unopened and unused and packaging and labeling has not been altered or damaged. Any merchandise that is clearly identified at the time of sale as nonreturnable, closeout, discontinued, or as a seasonal item, is not Resalable. Back-Office and Replicated website fees are not refundable except as may be required under applicable law.
32. Order Cancellation and Satisfaction Guarantee. Federal and state law requires that Stylists notify their retail customers that they have three business days (5 business days for Alaska residents, 15 days for residents of North Dakota over the age of 65. Saturday is a business day, Sundays and legal holidays are not business days) within which to cancel their purchase and receive a full refund upon return of the products in substantially as good condition as when they were delivered. Stylists shall verbally inform their customers of this right, shall provide them with TWO copies of the retail receipt at the time of the sale, and shall point out this cancellation right stated on the receipt.
In addition to the above refund rights that are required by law, Cinder & Sky guarantees all its products and is committed to providing a superior standard in product quality and customer satisfaction. Customers who are not completely satisfied with Cinder & Sky merchandise may return it in its original packaging along with a copy of their packing slip or receipt within 30 days of the purchase date for an exchange, replacement or full refund (less shipping charges). Items with a manufacturer’s defect can be replaced or exchanged within 90 days of purchase for an item of equal or lesser value. These returns/exchanges require a photo of the defective item. If possible, we request that customers complete the return process with their Stylist, or work directly with Customer Support at [email protected] Occasionally a defective item may need to be returned. No refunds are available for any opened and worn items. Proof of purchase from Cinder & Sky is required for all returns, exchanges and refunds. Exchanges, replacements and refunds are only available on products purchased through a Cinder & Sky Stylist. Purchases from any third-party reseller, including but not limited to eBay and other online sales platforms, are not covered by the Company’s satisfaction guarantee.
When an order is received it should be carefully checked to make sure products are as expected and no items are missing.
33. Montana Residents. A Montana resident may cancel his or her Stylist Agreement within 15 days from the date of enrollment, and may return his or her Stylist Kit and any Sales Tools and products he or she purchased from the Company for a full refund within such time period.
34. Disciplinary Sanctions, Suspension, and Involuntary Termination. A material violation of the Agreement, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by a Stylist that the Company reasonably believes may materially damage its reputation or goodwill, may result in the suspension or termination of the Stylist’s Cinder & Sky business, or any other disciplinary measures that Cinder & Sky deems appropriate to address the misconduct. The Company may also suspend a Stylist’s business while conducting an investigation if it has a good faith reason to believe a Stylist is engaging in, or has engaged in, a material violation of the Agreement. In situations deemed appropriate by Cinder & Sky, the Company may institute legal proceedings for monetary and/or equitable relief.
35. Indemnification. Stylists agree to indemnify Cinder & Sky for any and all costs, expenses, consumer reimbursements, fines, sanctions, damages, settlements or payments of any other nature that Cinder & Sky incurs resulting from or relating to any act or omission by a Stylist that is illegal, fraudulent, deceptive, negligent, unethical, or in violation of the Agreement. Cinder & Sky may elect to exercise its indemnification rights through withholding any compensation owed to the Stylist. This right of setoff shall not constitute Cinder & Sky’s exclusive means of recovering or collecting funds due to Cinder & Sky pursuant to its right to indemnification.
36. Effects of Cancellation. A Stylist whose business is canceled for any reason will lose all Stylist rights, benefits and privileges. This includes the right to represent yourself as an independent Cinder & Sky Stylist, to sell Cinder & Sky products and services and the right to receive commissions, bonuses, or other income resulting from his/her own sales and the sales and other activities of the Stylist and the Stylist’s former down-line sales organization. There is no whole or partial refund for Stylist Kit fees or renewal fees if a Stylist’s business is canceled.
37. Voluntary Cancellation. A participant in this network-marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address or by canceling his/her business through Back-Office. The written notice must include the Stylist’s signature, printed name, address, and Stylist I.D. Number. A Stylist may also voluntarily cancel her Cinder & Sky business by withdrawing consent to contract electronically by submitting an email to [email protected]
38. Cancellation for Inactivity. If a Stylist fails to generate at least 300 PV in any six-month Measuring Period and does not have an active E-marketing suite, her/his Stylist Agreement and Cinder & Sky business will be canceled for inactivity. The Measuring Periods are January – June and July – December. A Stylist will not be canceled for inactivity if she/he fails to meet the 300 PV quota during the Measuring Period in which she/he enrolls and/or has an active E-marketing suite. The new enrollee’s 300 PV quota goes into effect during the first full Measuring Period after the Stylist’s enrollment. For example, if a Stylist enrolls in March, she/he is not obligated to meet the 300 PV quota in the January – June Measuring Period. The first Measuring Period during which she/he must meet the 300 PV quota will be July – December Measuring Period. If a Stylist does not meet the 300 PV requirement for a measuring period after her/his enrollment period but continues to have an active E-marketing suite, she/he will be able to remain as a Stylist but any team members under them will compress to her/his upline. Maternity and military deployment are the sole exceptions to this policy.
• Maternity. A Maternity break is good for a period of up to three consecutive months in a twelve-month time frame. In the case of a maternity break, you must apply for the leave 30 days in advance of the anticipated birth of your child. You will be allowed to keep your active status with the Company without generating the required Personal Volume but all other requirements under the compensation plan must be maintained. You will not be eligible to earn commissions or bonuses during the leave.
• Military Deployment. We understand that for many military families there may be times when you or your spouse is on deployment and it may be difficult to conduct your Cinder & Sky business as usual. Under those circumstances you have the choice to continue to conduct your business or place your business on hold. Should you choose to conduct your business as usual, there may be circumstances where certain maintenance requirements would be waived. You must inform Cinder & Sky of the deployment situation in advance and must be living on or near the military base to which you or your military spouse is stationed. You may also request to put your business “On Hold” during the deployment. Once your request is accepted, your down-line will be temporarily rolled up to the next qualified Stylist or Director. Should you choose this option, upon completion of your deployment, you will be returned to active status upon the Company’s receipt of you written notification that your deployment is complete and you personally generate at least 150 in Personal Volume. Once your Active Status is regained your down-line, if any, will be transferred back to you.
39. Business Transfers. Stylists in good standing who wish to sell or transfer their business must receive Cinder & Sky’s prior written approval before the business may be transferred. Requests to transfer a business must be submitted in writing to [email protected] It is within Cinder & Sky’s discretion whether to allow a business sale or transfer, but such authorization shall not be unreasonably withheld. However, no business that is on a disciplinary probation, suspension, or under disciplinary investigation may be transferred unless and until the disciplinary matter is resolved. Prior to transferring a business to a third party, the Stylist must offer Cinder & Sky the right of first refusal to purchase the business on the same terms as a negotiated with a third party. The Company shall have ten days to exercise its right on the first refusal.
40. Transfer Upon a Stylist’s Death. A Stylist may devise his/her business to his/her heirs. Because Cinder & Sky cannot divide commissions among multiple beneficiaries or transferees, the beneficiaries or transferees must form a business entity (corporation, LLC, partnership, etc.) and Cinder & Sky will transfer the business and issue commissions to the business entity. In the case of a business transfer via testamentary instrument, the beneficiary of the business must provide Cinder & Sky with certified letters testamentary and written instructions of the trustee of the estate, or an order of the court, that provides direction on the proper disposition of the business. The beneficiary must also execute and submit to the Company a Cinder & Sky Stylist Agreement within30 days from the date on which the business is transferred by the estate to the beneficiary or the business will be canceled.
41. Business Distribution Upon Divorce. Cinder & Sky is not able to divide commissions among multiple parties, nor is it able to divide a down-line organization. Consequently, in divorce cases, any settlement or divorce decree must award the business in its entirety to one party. Cinder & Sky will recognize as the owner of the business the former spouse to who is awarded the business pursuant to a legally binding settlement agreement or decree of the court. The former spouse who receives the Cinder & Sky business must also execute and submit a Cinder & Sky Stylist Agreement within 30 days from the date on which the divorce becomes final or the business will be canceled.
42. Dissolution of a Business Entity. Cinder & Sky is not able to divide commissions among multiple parties, nor is it able to divide a down-line organization. Consequently, in the event that a business entity that operates a Cinder & Sky business dissolves, the owners of the business entity must instruct the Company on the identity of the proper party who is to receive the business. The Cinder & Sky business must be awarded to a single individual or entity that was previously recognized by the Company as an owner of the business entity; the Company cannot divide the business among multiple parties or issue separate commission payments. If the business entity wishes to sell or transfer its Cinder & Sky business, it must do so pursuant to Policy 42. In addition, the recipient of the Cinder & Sky business must also execute and submit a Cinder & Sky Stylist Agreement to the Company within 30 days from the date of the dissolution of the business entity or the Cinder & Sky business will be canceled.
43. International Activities. Stylists may not sell Cinder & Sky products in any international market, or conduct business activities of any nature, in any foreign country that the Company has not announced is officially open for business.
44. Dispute Resolution.
a). Confidential Arbitration. Except as otherwise provided in the Agreement, any controversy or claim that arises out of or relates to the Agreement, the breach thereof, or the Cinder & Sky business shall be resolved through confidential arbitration. THE PARTIES WAIVE RIGHTS TO A TRIAL BY JURY OR TO ANY COURT. Whether a claim is subject to arbitration shall be decided by the arbiter. The arbitration shall be filed with, and administered by JAMS according to it Rules and Procedures, which are available on JAMS’ website at http://www.jamsadr.com/rulesclauses/xpqGC.aspx?xpST=RulesClauses. Copies of JAMS Rules and Procedures will also be emailed to Stylists upon request to Cinder & Sky’s customer support department. Notwithstanding the rules of JAMS, unless otherwise stipulated by the Parties, the following shall apply to all Arbitration actions:
• The Federal Rules of Evidence shall apply in all cases;
• The Parties shall be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure;
• The Parties shall be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure;
• The arbitration hearing shall commence no later than 365 days from the date on which the arbitrator is appointed, and shall last no more than five business days;
• The Parties shall be allotted equal time to present their respective cases;
• Each party shall be responsible for paying its/their own attorney’s fees, expert witness fees, and professional fees, and their respective expenses, associated with prosecuting the case subject to the limitations herein;
• If you institute arbitration against Cinder & Sky, the only arbitration cost you will be required to pay is $250. All other arbitration costs shall be paid by Cinder & Sky including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services. If Cinder & Sky initiates arbitration, Cinder & Sky will be responsible to pay all costs associated with the arbitration;
• An Arbitrator’s Award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based;
• The parties , their respective agents and attorneys, and the arbitrator shall maintain the confidentiality of the arbitration proceedings, and all evidence associated with the arbitration, and shall not disclose to any third party;
O The substance of, facts underlying, or basis for, the controversy, dispute, or claim;
O The substance or content of any settlement offer or settlement discussions or offers associated with the dispute;
O The pleadings, the content of any pleadings, and exhibits to the pleadings, filed in any arbitration proceeding;
O The content of any testimony or the evidence presented at an arbitration hearing or obtained through discovery in arbitration;
O The terms or amount of any arbitration award;
O The rulings of the arbitrator on the procedural and/or substantive issues involved in the case.
b) Emergency Relief. Either party may bring an action before JAMS seeking emergency relief to protect its intellectual property rights, including but not limited to protecting its rights pursuant to the non-solicitation and/or confidential information provisions of these policies. A claim or cause of action seeking emergency relief shall be brought pursuant to the Emergency Relief Process in JAMS Comprehensive Rules and Procedures, which are available at https://jamsadr.com/rules-comprehensive-arbitration/#Rule%202, or by contacting the company at [email protected] The parties agree that any violation of the non-solicitation provisions, in Policy 19, or the Confidential Information provisions in Policy 20 shall cause Cinder & Sky immediate and irreparable harm for which there is no adequate remedy at law such that Cinder & Sky shall be entitled to immediate and permanent injective relief to prevent further violations. The Parties further agree that if no immediate and permanent injunctive relief is granted to the Company in such situations, the injury to Cinder & Sky shall outweigh the potential harm to Stylist if such relief is granted. The confidentiality obligations and liquidated damage provisions for breach of the confidentiality obligations of this arbitration policy shall apply to all actions seeking emergency and /https://cinderandsky.com/policies-procedures/or equitable relief.
c) Disputes Not Subject Arbitration
O Small Claims. You may seek remedies in small claims court for disputes or claims within the scope of its jurisdiction in the jurisdiction in which you reside so long as it is the only forum in which the dispute is pending.
O Action to Enforce Arbitration Award or Order. Either party may bring an action in court properly vested with jurisdiction to enforce an Arbitration award or order, including but not limited to an order for emergency relief.
d) Governing Law and Venue. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Minnesota, without regard to principles of conflicts of laws, shall govern all other matters relating to or arising from the dispute. Arbitration proceedings shall be held in Minnetonka, Minnesota unless the parties agree on another forum.
e) Class Action Waiver. All disputes arising from or relating to the Agreement, or arising from or relating to the Cinder & Sky business, shall be brought and proceed on an individual basis. The parties waive their rights to pursue any arbitration or lawsuit against the other party and/or their respective owners, officers, directors, and agents, on a class or consolidated basis. You may opt out of this class action waiver if you wish by submitting written notice to the Company of your desire to opt out within 30 days from the date on which you enroll as a Stylist. Submit your written opt-out notice to the Company at [email protected]
f) Remedies. Remedies available to you under U.S. federal laws, and the state and local laws of your state, shall remain available to you in any arbitration proceeding.
g) Liquidated Damages for Breach of the Confidentiality Obligation. If a Party violates its confidentiality obligations under this arbitration policy, the non-breaching party shall incur significant damages to its reputation and goodwill that shall not be readily calculable. Therefore, if a Party, its attorneys or agents breach the confidentiality provisions of this policy, the non-breaching Party shall be entitled to liquidated damages in the amount of $10,000.00 per violation, and $25,000.00 per violation if the disclosure is published on the internet, including but not limited to disclosure on any website or on any social media forum. Every disclosure of each allegation, pleading, claim or other prohibited disclosure shall constitute a separate violation. Notwithstanding, this confidentiality and liquidated damage provision, nothing herein shall limit the right or ability of a Party to disclose evidence or allegations relating to the dispute to any individual who is, or who may be, a witness to the dispute. The Parties agree that this liquidated damage amount is reasonable and waive all claims and defenses that it constitutes a penalty.
45. Liquidated Damages for Wrongful Termination. In any case which arises from or relates to the wrongful termination of a Stylist’s Agreement and/or independent business, the parties agree that damages will be extremely difficult to ascertain. Therefore, the parties stipulate that if the involuntary termination of a Stylist’s Agreement and/or loss of their independent business is proven and held to be wrongful under any theory of law, Stylist’s sole remedy shall be liquidated damages calculated as follow:
• For the Stylists at the “Paid As” rank Junior Stylist through Executive Stylist, liquidated damages shall be in the amount of his/her gross compensation that he/she pursuant to Cinder & Sky’s Compensation Plan in the twelve (12) months immediately preceding the termination.
• For Stylists at the “Paid As” rank Director through Senior Director, liquidated damages shall be in the amount of his/her gross compensation that he/she earned pursuant to Cinder & Sky’s Compensation Plan in the eighteen (18) months immediately preceding the termination.
• For Stylists at the “Paid As” rank Executive Director through National Director, liquidated damages shall be in the amount of his/her gross compensation that he/she earned pursuant to Cinder & Sky’s Compensation Plan in the twenty-four (24) months immediately preceding the termination.
Gross compensation shall include commissions and bonuses earned by the Stylist pursuant to Cinder & Sky’s
Compensation Plan as well as retail profits earned by the Stylist for Cinder & Sky merchandise. However, retail profits must be substantiated by providing the Company with true and accurate copies of fully and properly completed retail receipts provided by Stylist to customer at the time of the sale.
The Parties agree that the foregoing liquidated damages schedule is fair and reasonable.
A Stylist’s “Paid As” rank is the rank or title at which they actually qualified to earn compensation under the Cinder & Sky Compensation Plan during a pay-period. For purposes of this Policy, the relevant pay-period to determine a Stylist’s “Paid As” rank is the pay-period during which the Stylist’s business is placed on suspension or terminated, whichever occurs first. The “Paid As” rank differs from the “Title Rank” which is the highest title or rank that a Stylist has ever achieved under the Cinder & Sky Compensation Plan.
46. Damage Waiver. In any action arising from or relating to the Agreement, the parties waive all claims for incidental and/or consequential damages, even if the other party has been apprised of the likelihood of such damage.
47. Louisiana Residents. Residents of the State of Louisiana shall be entitled to bring an arbitration action against Cinder & Sky in their home forum and pursuant to Louisiana law. All other provisions of the above dispute resolution policy shall apply to Louisiana residents.
48. Handling Personal Information. As a Stylist, you will receive Personal Information from and about prospective Stylists, customers and other individuals. Keeping their Personal Information secure not only helps to ensure your compliance with the law, but it also helps you to maintain current customers’ and potential customers’ trust, which is an important factor in your success. Personal Information that identifies, or permits you to contact an individual. It includes a customer’s, potential customer’s, or other individual’s name, address, email address, phone number, credit card information, and other information associated with these details, such as purchases.
WHEN COLLECTING, USING & DISCLOSING PERSONAL INFORMATION
Give the customer notice. Customers want to know why you are collecting their Personal Information and what you plan to do with it, so tell them what you are collecting, why and with whom you are going to share it. Tell them this before or at the time that you collect their Personal Information, and then be sure that you use and share Personal Information only in the ways you promised.
Collect only what you need. Collect only the Personal Information that you really need. Review the forms that you use to collect Personal Information, and revise them to remove fields for information you do not need. Less is more. For example, don’t collect a credit or debit card number unless your customer actually makes a purchase.
Give the customer control. Give customers a choice about how you communicate with them. For instance, find out if customer wants to receive promotions and other marketing messages from you and if so, whether he or she would prefer to receive them by email, phone or another method of communication. Respect the customer’s wishes. If, for example a customer tells you that he or she doesn’t want to receive emails, then find another way to communicate with him or her.
Stay up-to-date. Keep the customer’s Personal Information up-to-date. Remind them to let you know if their Personal Information changes. Keeping your contacts current helps you to stay in touch with them.
Your Back-Office. Your Back-Office may have information relating to your down-line Stylist’s confidential information.
You must not show this information to anyone, nor may you share your Back-Office access with anyone.
Share only if necessary. Don’t share a customers’ Personal Information unless you have a real business reason to do so – and then share only what is necessary, and no other information, and make sure that the other person agrees to use the Personal Information only in the ways you have agreed.
Be careful. A customer’s information is a valuable asset. Don’t communicate it to the general public or to anyone other than the Company as necessary to place an order for the customer. Protect it from unauthorized access or disclosure.
Dispose of Personal Information responsibly. When you no longer need a customer’s Personal Information, stop using it. Dispose of it in a way that make it unreadable, such as by shredding paper documents.
Be very careful with debit and credit card numbers and other sensitive Personal Information. If sensitive Personal Information falls into the wrong hands, customers could become the victim of fraud or identity theft. Consider these steps to help reduce that risk:
• Pay attention to your surroundings and use good judgement whenever you need to discuss or transmit sensitive Personal Information;
• You should not transmit customers’ information to the Company over an unsecure public network (such as a coffee shop, restaurant, or hotel internet connection).
• Do not share (or ask a customer to share) sensitive Personal Information, including payment information, in an unsecure way, such as sent by email;
• Keep sensitive Personal Information in a secure place, such as a locked drawer. Do not leave it lying around where someone could see or take it;
• Use similar safeguards if you keep sensitive Personal Information on your computer. For example, use passwords that are not easy to guess, install virus protections, and password protect documents that contain sensitive Personal Information;
• Avoid storing Personal Information on your laptop or another portable device that could be lost or stolen,
• Encrypt your computer and devices.
• Unless you have a legitimate business need, do not keep sensitive Personal Information. Keeping it for longer than you need it creates unnecessary risk; and
• You should not retain customer’s credit card information. If you have hard copies, you should shred them, and you should delete all digital files containing credit card information from any computer or device.
Cinder & Sky Stylist Terms & Conditions
1. I understand that as an Independent Stylist (“Stylist”) for Cinder & Sky, LLC/ Inc. (hereinafter “Cinder & Sky”):
a. I have the right to solicit orders for Cinder & Sky products and services in accordance with these Terms and Conditions. I understand that orders that I submit must be accepted by Cinder & Sky at its home office.
b. I have the right to enroll persons as Stylists in Cinder & Sky.
c. If qualified, I have the right to earn commissions pursuant to the Cinder & Sky Compensation Plan.
2. I agree to present the Cinder & Sky Compensation Plan and Cinder & Sky products and services as set forth in official Cinder & Sky literature.
3. I agree that as a Cinder & Sky Stylist I am an independent contractor, and not an employee, partner, legal representative, or franchisee of Cinder & Sky. I agree that I will be solely responsible for paying all expenses that I incur, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other business expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF Cinder & Sky FOR FEDERAL OR STATE TAX PURPOSES. Cinder & Sky is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA, or taxes of any kind. I understand that I am not entitled to workers compensation or unemployment security benefits of any kind from Cinder & Sky. I certify that:
• The social security or tax identification number I submitted on my enrollment application is my correct taxpayer identification number, and
• I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and I am a U.S. citizen.
4. I have carefully read and agree to comply with the Cinder & Sky Policies and Procedures, the Cinder & Sky Compensation Plan, and the Cinder & Sky Business Entity Addendum (the Business Entity Addendum applies only to business entities that apply to become a Stylist) each of which are incorporated into and made a part of these Terms and Conditions (these four documents shall be collectively referred to as the “Agreement”). If I have not yet reviewed the Policies and Procedures at the time I execute this Agreement, I understand that they are posted in my Back-Office. I will review the Policies and Procedures within five days from the date on which I execute this Agreement. If I do not agree to the Policies and Procedures, my sole recourse is to notify the company and cancel my Cinder & Sky Agreement. Failure to cancel constitutes my acceptance of the Policies and Procedures. I understand that I must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from Cinder & Sky. I understand that the Agreement, as well as the monthly Replicated Website and Back-Office subscription fee, may be amended at the sole discretion of Cinder & Sky, and I agree to abide by all such amendments. Notification of amendments shall be posted my Cinder & Sky Back Office and/or via email. Amendments shall become effective 30 days after notice of the amendments is posted, but amended policies shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. The continuation of my Cinder & Sky business or my acceptance of bonuses or commissions after the effective date of amendments shall constitute my acceptance of any and all amendments.
5. The term of this agreement is one year (subject to prior cancellation pursuant to the Policies and Procedures). It shall automatically renew each year unless: (a) the Stylist submits her voluntary cancellation to the Company; (b) the Stylist’s business is involuntarily canceled by the Company; or (c) the Stylist’s business is canceled for inactivity. If it is canceled or terminated for any reason, I understand that I will permanently lose all rights as a Stylist. I shall not be eligible to sell Cinder & Sky products and services nor shall I be eligible to receive commissions, bonuses, or other income resulting from my activities or the activities of my former downline sales organization. In the event of cancellation, termination or nonrenewal, I waive all rights I have, including but not limited to property rights, to my former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of my former downline organization. Cinder & Sky reserves the right to terminate all Stylist 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.
6. I may not assign any rights under the Agreement without the prior written consent of Cinder & Sky. Any attempt to transfer or assign the Agreement without the express written consent of Cinder & Sky renders the Agreement voidable at the option of Cinder & Sky and may result in termination of my business.
7. I understand that if I fail to comply with the terms of the Agreement, Cinder & Sky may impose upon me disciplinary sanctions as set forth in the Policies and Procedures.
8. Cinder & Sky, its parent and/or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “affiliates”), shall not be liable for, and I release Cinder & Sky and its affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release Cinder & Sky and its affiliates from all liability arising from or relating to my promotion or operation of my Cinder & Sky business and any activities related to it (e.g., the presentation of Cinder & Sky products or Compensation Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify Cinder & Sky for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.
9. The Agreement, in its current form and as amended by Cinder & Sky at its discretion, constitutes the entire contract between Cinder & Sky and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
10. Any waiver by either Party of any breach of the Agreement must be in writing and signed by an authorized agent of the Party against which the waiver is asserted. Any waiver of a breach by a Party shall be a one-time waiver only and shall not operate or be construed as a waiver of any subsequent breach.
11. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be severed, and the severed provision shall be reformed only to the extent necessary to make it enforceable. The balance of the Agreement will remain in full force and effect.
12. This Agreement will be governed by and construed in accordance with the laws of the State of Minnesota without regard to principles of conflicts of laws. In the event of a dispute between a Stylist and Cinder & Sky arising from or relating to the Agreement, or the rights and obligations of either party, the parties shall attempt in good faith to resolve the dispute through nonbinding mediation as more fully described in the Policies and Procedures. Cinder & Sky shall not be obligated to engage in mediation as a prerequisite to disciplinary action against a Stylist. If the parties are unsuccessful in resolving the dispute through mediation, the dispute and shall be settled totally and finally by arbitration as more fully described in the Policies and Procedures.
13. Notwithstanding the foregoing, either Party may bring an action before the courts seeking a restraining order, temporary or permanent injunction, or other equitable relief to protect its intellectual property rights, including but not limited to customer and/or Stylist lists as well as other trade secrets, trademarks, trade names, patents, and copyrights. The parties may also seek judicial enforcement of an arbitration award. In all actions before the courts, the parties consent to exclusive jurisdiction and venue before the U.S. District Court for the District of Minnesota, residing in Minneapolis, Minnesota or state court residing in Hennepin County, State of Minnesota.
14. Louisiana Residents: Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law.
15. Maryland Residents: A participant may cancel the contract for any reason within 3 months after the date of receipt of goods or services first ordered; upon cancellation, the Company shall repurchase the goods; and the repurchase price shall be at least 90% of the original price paid by the participant.
16. Montana Residents: A Montana resident may cancel his or her Stylist Agreement within 15 days from the date of enrollment, and may return his or her starter kit and any products he/she purchased for a full refund within such time period.
17. Louisiana, Massachusetts and Wyoming Residents: Should you cancel your Stylist Agreement, Cinder & Sky will refund 90% of your purchase price for any administrative fees you have incurred during upon receipt of your written request.
18. Puerto Rico Residents: You may cancel this Agreement at any time within 90 days from the date of enrollment, or at any time upon showing the Company’s noncompliance with any of the essential obligations of the distribution contract or any act or omission by the Company adversely affecting the interests of the dealer in the development of the market of the properties or services. Your cancellation must be sent to the Company in writing and sent via registered mail. If you cancel under these conditions, the Company shall: (a) Reacquire the total of the products that you purchased from the Company which are in your possession and in good condition at a price of not less than ninety percent (90%) of their original net cost; (b) Return to you not less than ninety percent (90%) of the original net cost of any services that you acquired from the Company; (c) Return 90% of any sum paid by you for the purpose of participating in the business.
19. A participant in this multilevel marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the company at its principal business address or via the Stylist’s Back-Office.
20. If a Stylist wishes to bring an action against Cinder & Sky 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, or the shortest time permissible under state law. Failure to bring such action within such time shall bar all claims against Cinder & Sky for such act or omission. Stylist waives all claims that any other statute of limitations applies.
21. I grant Cinder & Sky an irrevocable license to reproduce and use my name, photograph, video, personal story, testimonial, and/or likeness in its advertising or promotional materials, including but not limited to use in online forums, and I waive all claims for remuneration for such use. I further waive my right to inspect or approve all draft, beta, preliminary, and finished material.
22. A faxed copy of the Agreement shall be treated as an original in all respects.
23. I certify that I am at least 18 years of age.
You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction (5 business days for AK residents 15 business days for ND residents age 65 or over). See the receipt that will be emailed to you for an explanation of this right.