Perfectly Posh Consultant Terms and Conditions
Perfectly Posh, LLC Consultant Terms & Conditions July 1, 2012
1. I understand that as an Independent Consultant for Perfectly Posh, LLC (“Perfectly Posh”, “Company”, “we” or “our”): a. I have the right to offer for sale Perfectly Posh products and services in accordance with these Terms and Conditions. b. I have the right to enroll others as Perfectly Posh Independent Consultants (“Consultants”). c. If qualified, I have the right to earn commissions pursuant to the Perfectly Posh Compensation Plan.
2. I agree to present the Perfectly Posh Pay Plan and Perfectly Posh products and services as set forth in official Perfectly Posh literature.
3. I agree that as a Perfectly Posh Consultant I am an independent contractor, and not an employee, partner, legal representative, or franchisee of Perfectly Posh. 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 PERFECTLY POSH FOR FEDERAL OR STATE TAX PURPOSES OR FOR ANY OTHER REASON. Perfectly Posh 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 Perfectly Posh.
4. I understand that I may cancel my participation in this direct sales program at any time by providing Perfectly Posh with written notice at its principal business address.
5. I have carefully read and agree to comply with the Perfectly Posh Policies and Procedures, the Perfectly Posh Pay Plan, and the Business Entity Addendum (the Business Entity Addendum is applicable only to those who enroll as Consultants under a business entity) which are incorporated into and made a part of these Terms and Conditions (these documents shall be collectively referred to as the “Agreement”). I understand that the Agreement may be amended at the sole discretion of Perfectly Posh, and I agree to abide by all such amendments. Notification of amendments shall be posted on Perfectly Posh’s website, in the Consultant Virtual Office. Amendments shall become effective 30 days after publication, but amended policies shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. The continuation of my Perfectly Posh business or my acceptance of bonuses or commissions after the effective date of the amendments shall constitute my acceptance of any and all amendments.
6. Your Perfectly Posh business shall remain in effect so long as you remain in compliance with the terms of the Agreement and meet the requirements of the Perfectly
Posh Pay Plan, or until you voluntarily cancel your Perfectly Posh Agreement. Notwithstanding the foregoing, Perfectly Posh reserves the right to terminate all Consultant 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. Consultant may cancel this Agreement at any time, and for any reason, upon written notice to Perfectly Posh at its principal business address.
7. In the event of cancellation or termination, 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.
8. I may not sell, transfer, or assign any rights under the Agreement without the prior written consent of Perfectly Posh. Any attempt to sell, transfer or assign the Agreement without the express written consent of Perfectly Posh renders the Agreement voidable at the option of Perfectly Posh and may result in termination of my business.
9. I understand that I must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from Perfectly Posh. I further agree that if I fail to comply with the terms of the Agreement, Perfectly Posh may, at its discretion, impose upon me disciplinary sanctions as set forth in the Policies and Procedures, which may include the involuntary termination of my Perfectly Posh independent business.
10. The Parties and their respective parent and/or affiliated companies, directors, officers, share-holders, employees, assigns, and agents (collectively referred to as “affiliates”), shall not be liable for, and the Parties release one another from, all claims for incidental, consequential and exemplary damages for any claim or cause of action relating to the Agreement.
11. Consultants that enroll who are less than 18 years of age (“Minor”) must list during enrollment a parent or legal guardian (“Parent”) who must also agree to comply with the Agreement. Both Parent and Minor consent to be contacted by Perfectly Posh by telephone, text message, email, and/or social media. Parent and Minor certify that the Minor is at least 16 years of age at the time this Agreement is submitted to Perfectly Posh. Parent and Minor are individually bound to and must comply with and agree to the terms and conditions of the Agreement. Compensation shall be paid to the Minor, and a Form 1099-MISC shall be issued to the Minor at year-end. Violation of the Agreement by Parent or Minor shall be jointly and severally imputed to Parent and Minor and their independent consultant business entity. Parent confirms that she/he has the capacity and legal right to supervise the Minor, and consents to the Minor’s participation as a Perfectly Posh Independent Consultant. The Parent is responsible for all conduct of the Minor while the Minor is engaged in her/his Perfectly Posh business. Once the Minor reaches the age of 18, the Minor must execute a new Agreement within 60 days to avoid involuntary cancellation of the Agreement.
12. I agree to release Perfectly Posh and its affiliates from all liability arising from or relating to the promotion or operation of my Perfectly Posh business and any activities related to it (including, but not limited to, the presentation of Perfectly Posh products or Pay Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify Perfectly Posh for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.
13. The Agreement, in its current form and as amended by Perfectly Posh at its discretion, constitutes the entire contract between Perfectly Posh and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
14. Any waiver by either Party of any breach of the Agreement must be in writing and signed by the Party waiving the breach. With respect to Perfectly Posh, only officers of the Company are authorized to waive any policy. Waiver by one who is not an officer of the Company shall not be binding on Perfectly Posh. Waiver by either Party of any breach of the Agreement shall not operate or be construed as a waiver of any subsequent breach.
15. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.
16. If the Consultant applicant is a business entity of any type (trust, partnership, limited liability company, corporation, etc.), all members, managers, shareholders, trustees, partners, or others with any ownership interest in the business entity (collectively “Owners”) shall be jointly and severally liable for all contracts entered into with Perfectly Posh. Each Owner is individually bound to and must comply with and agree to the terms and conditions of the Agreement. Violation of the Agreement by any Owner or employee of the business entity shall be jointly and severally imputed to the business entity and all Owners of the business entity. Each Owner certifies that neither he/she, nor any household family member, has any ownership, financial, or equitable interest in, or managerial responsibility for, any other Perfectly Posh business, and has not had any such interest or responsibility for at least six calendar months prior to submitting this Application and Agreement. Any breach of the Agreement by any Owner or employee of the business entity shall be grounds for disciplinary action jointly and severally against the business entity and/or each individual Owner.
For claims seeking $10,000.00 or more that arise from or relate to the Agreement, prior to filing arbitration as set forth below, the parties shall meet in good faith and attempt to resolve such dispute through confidential non-binding mediation. One individual who is mutually acceptable to the parties shall be appointed as mediator. If the Parties cannot agree on a mediator, the complaining party shall request the appointment of a mediator by the American Arbitration Association (“AAA”). The mediation shall occur within 60 days from the date on which the mediator is appointed. The mediator’s fees and costs, as
well as the costs of holding and conducting the mediation, shall be divided equally between the parties. Each party shall pay its portion of the anticipated shared fees and costs at least 10 days in advance of the mediation. Each party shall pay its own attorney’s fees, costs, and individual expenses associated with conducting and attending the mediation. Mediation shall be held in Salt Lake City, Utah, and shall last no more than two business days. Except as otherwise provided in the Agreement, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled through confidential arbitration. The Parties waive rights to trial by jury or to any court. This arbitration provision applies to claims that were not successfully resolved through the foregoing mediation process as well as claims for less than $10,000.00 not subject to the mediation requirement. The arbitration shall be filed with, and administered by, the American Arbitration Association in accordance with the AAA’s Commercial Arbitration Rules and Mediation Procedures, which are available on the AAA’s website at www.adr.org. Notwithstanding the rules of the AAA, 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 Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Utah shall govern all other matters relating to or arising from the Agreement, without regard to principles of conflicts of laws. • 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; • The arbitration shall be brought on an individual basis and not as part of a class or consolidated action.
All arbitration proceedings shall be held in Salt Lake City, Utah. There shall be one arbitrator selected from the panel that the AAA provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including 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 a judgment in any court to which the Parties have consented to jurisdiction as set forth in the Agreement. This agreement to arbitrate shall survive the cancellation or termination of the Agreement.
The parties and the arbitrator shall maintain the confidentiality of the arbitration proceedings and shall not disclose to third parties:
• The substance of, or basis for, the controversy, dispute, or claim; • The substance or content of any settlement offer or settlement discussions or offers associated with the dispute;
• The pleadings, or the content of any pleadings, or exhibits thereto, filed in any arbitration proceeding; • The content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in arbitration; • The terms or amount of any arbitration award; • The rulings of the arbitrator on the procedural and/or substantive issues involved in the case.
Notwithstanding the foregoing, nothing in the Agreement shall prevent either party from applying to and obtaining from any court to which the Parties have consented to jurisdiction as set forth in the Agreement a temporary restraining order, preliminary or permanent injunction, or other equitable relief to safeguard and protect its trade secrets and intellectual property rights, trade secrets, and/or confidential information including but not limited to enforcement of its rights under the non-solicitation provision of the Agreement.
17. Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Salt Lake County, Utah, or the United States District Court for the District of Utah. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Utah shall govern all other matters relating to or arising from the Agreement.
18. 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. The parties further waive all claims to exemplary or punitive damages.
19. Louisiana Residents: Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law. Should you cancel your Consultant Agreement, Perfectly Posh will refund 90% of your Starter Kit purchase price.
20. Montana Residents: A Montana resident may cancel his or her Consultant Agreement within 15 days from the date of enrollment, and may return his or her Starter Kit for a full refund within such time.
21. Wyoming and Massachusetts Residents: Should you cancel your Consultant Agreement, Perfectly Posh will refund 90% of your Starter Kit purchase price.
22. Any consultant 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, 2912 Executive Parkway, Suite 450, Lehi, UT 84043, or via email at email@example.com.
23. If either party wishes to bring an action against the other 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 applicable law, whichever is longer. Failure to bring such action within such time shall bar all claims against the other Party for such act or omission. The Parties waive all claims that any other statute of limitations applies.
24. I authorize Perfectly Posh to use my name, photograph, personal story, testimonial, likeness, and/or any material I submit to the company in advertising or promotional materials and waive all claims for remuneration for such use.
25. Except for Minors who enroll with a Parent, I acknowledge that I am at least 18 years of age.
Perfectly Posh Consultant Policies and Procedures
Perfectly Posh, LLC
Policies & Procedures
Effective Date: January 27, 2017
Section 1 – Why does Perfectly Posh have Policies and Procedures?
1. To provide clear direction for each Consultant on how to run an independent business
2. To provide a resource for operational and compliance guidelines
3. To provide rules to protect the Consultant, the customer, and the Company
These Policies and Procedures are effective as of the date first displayed above and govern the way a Perfectly Posh Consultant conducts business with the Company, other Consultants, and customers. They replace and succeed all previous versions. The Company endeavors to enforce the Policies and Procedures on a uniform and nondiscriminatory basis. However, any failure to enforce any of the provisions of the Policies and Procedures with one Consultant does not waive the Company’s right to enforce any such provision(s) with that same Consultant or any other Consultant.
Perfectly Posh’s Policies and Procedures in their current form and as may be amended by the Company, the Pay Plan, the Consultant Terms and Conditions of the Consultant Application and Agreement, any situation-specific addendum(s) thereto, and any other written agreement between the Consultant and the Company in their present forms and as amended from time to time at the sole discretion of the Company, are by this reference incorporated into, and form an integral part of, what is collectively referred to as the “Contract.” Each Consultant has the responsibility to read, understand, and adhere to the Contract and ensure that he or she is aware of and operating under the most current version of the Contract. By signing a Consultant Agreement, by utilizing the Consultant’s Virtual Office, or by accepting Commissions from the Company, a Consultant demonstrates that she or he has read, understands, and consents to abide and be bound by the Contract and any amendments thereto.
The Company may amend any part of the Contract from time to time as laws and business circumstances change; however, notice of any amendment will be published by the Company in the Consultant Virtual Office and/or the Posh Box. All changes and/or amendments are effective immediately as of the date published. Amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. It is the responsibility of all Consultants to regularly review the most recently published Contract, located in the Consultant Virtual Office. The Company will also provide a copy of the most current Contract upon the Consultant’s request.
Section 2 – Company Contact Information
Section 3 – Code of Ethics
3.1 The Company has made a commitment to provide its Consultants with high quality pampering products, exceptional support, and a generous Pay Plan. A Consultant may purchase products directly from the Company for both personal use and for resale to consumers. In return, a Consultant agrees to represent the products and income opportunity in an ethical and professional manner. Each Consultant agrees to abide by the following Code of Ethics:
3.2 As a Consultant:
a. I will be respectful of people I meet or am with while working my Perfectly Posh business or during Posh Parties. This also includes any and all travel for and with Perfectly Posh and while attending Perfectly Posh events or on trips.
b. At all times, including traveling with and for Perfectly Posh events, I will conduct myself and my business in an ethical, moral, legal, and financially sound manner and will not engage in any deceptive or illegal practice.
c. I will not communicate disparaging comments about Consultants or Perfectly Posh, Perfectly Posh management, or employees.
d. I will not engage in activities that would bring disrepute to the Company, other Consultants, or myself.
e. I will be truthful in my representation of the products and will make no product claim that is not contained in and supported by official Company publications.
f. I will fulfill my leadership responsibilities as a sponsor by training, assisting, and otherwise supporting the Consultants in my downline organization.
g. I will correctly and lawfully represent the Pay Plan and the income potential represented therein and will not make, advertise, or communicate any false income or earnings claims.
h. I will abide by the terms and conditions of the Contract.
i. I will honor the terms of the product return and refund policies with all of my retail customers.
j. I will respect the sponsor relationship of every other Consultant and I will neither attempt to interfere with or change these relationships, nor make disparaging or untrue claims about other Consultants.
k. I will refrain from soliciting to, selling, or using my relationship or the personal and private information of other Perfectly Posh Consultants.
l. I understand my personal information may be viewed and used by members of my upline. However, any attempt to misuse the information of other Consultants is a violation of this contract and may result in other disciplinary action as deemed appropriate by Perfectly Posh.
m. I acknowledge that upon reaching the rank of a Platinum Premier or becoming a Pinnacle within Perfectly Posh, it would be considered a conflict of interest and violation of this contract for me to join another competing or direct sales related company.
n. I acknowledge that at all times I am acting as an independent contractor and that my status can be revoked at any time at the sole discretion of Perfectly Posh.
Section 4 – Becoming a Perfectly Posh Independent Consultant
4.1 What does it take to qualify as a Perfectly Posh Consultant?
a. Be at least 16 years of age;
b. Be a United States citizen and resident;
c. Have a Social Security number or Tax Identification Number;
d. Have a valid email address;
e. Enroll in Perfectly Posh as either an individual or business entity through a Perfectly Posh Consultant’s website;
f. Set up and activate a ProPay account for Commissions to be paid (Consultants under the age of 18 require the permission of a parent or legal guardian to enroll in ProPay using the minor’s Perfectly Posh Account);
g. Agree to the terms and conditions of the Consultant Agreement;
h. Purchase a new Consultant Starter Kit; and
i. Perfectly Posh must accept your application.
j. If enrolling as a business then all of the above requirements must be met by the business owner(s).
a. As a Consultant, you are responsible to:
i. Run your business ethically, fairly, and in compliance with these Policies and Procedures as well as all other terms and conditions implemented by Perfectly Posh;
ii. Follow the Policies and Procedures herein as well as the intent of the Policies and Procedures should there be any ambiguity;
iii. Comply with local, state, and federal laws;
iv. Provide high quality service to your customers;
v. Provide assistance and leadership to any person you personally sponsor;
vi. Be supportive to other Consultants in your Team or Company;
vii. Protect the name, image, and intellectual property of the Perfectly Posh brand; and
viii. Keep all of your contact information updated. This can be done in your Consultant Virtual Office.
b. Independent Contractor
i. As a Consultant, you are an independent contractor and not an employee or partner of the company. You are responsible to keep track of your own expenses and file your own taxes, both state and federal.
i. If you earn $600 or more in non-employee compensation, prizes, and incentives, or you resale $5,000 or more in product in a given tax year, Perfectly Posh will supply you with an IRS form 1099-Misc showing the amount of non-employee compensation you received for the year.
d. Term of Consultant Agreement
i. The term of your Consultant agreement is one (1) year from your enrollment date. It automatically renews annually based on the terms of the Policies and Procedures so long as you remain Active and your business is not voluntarily or involuntarily canceled.
e. Activity Requirement
i. You are considered an “Active Consultant” if you have personal retail sales of $300.00 (300 PV) or more in each (6) six-month activity qualification period.
ii. The company’s (6) six-month activity qualification periods to be considered an “Active Consultant” end on the last day of June and December of each year.
iii. At the end of either of these (6) six-month periods, any Consultant who does not have a cumulative PV of at least 300 in the period will have her/his Consultant Agreement canceled.
iv. Newly enrolled Consultants are exempt for the remainder of the (6) six-month period during which they enrolled, but must personally generate at least 300 PV in the next (6) six-month period.
Section 5 – Cancellation
A Consultant’s contract may be canceled at any time by either the Consultant or the Company. The Consultant and Company may cancel for any reason or for no reason.
5.1 If your contract is canceled (voluntarily or involuntarily), you will be paid any outstanding Commissions owed to you as of the date of cancellation or suspension. Commissions will be paid by the 10th of the following month.
5.2 After cancellation, as long as your contract was not cancelled by the company, you may reactivate as a Consultant.
a. If you reactivate within (6) six months of cancellation:
i. You must retain your previous Consultant ID number, and unless Perfectly Posh determines otherwise:
ii. You may not purchase a new Starter Kit.
iii. You may not change your sponsor.
iv. You may not have any of your previous downline reassigned to you.
v. You are not eligible for any new Consultant programs or awards, such as but not limited to, Props from Posh.
b. If you reactivate (6) six months or more after cancellation:
i. You must retain your previous Consultant ID number.
ii. You may purchase a new Starter Kit, but are not required to do so.
iii. You may change your sponsor, but are not required to do so.
iv. You may not have any of your previous downline reassigned to you.
v. You are not eligible for any new Consultant programs or awards, such as but not limited to, Props from Posh.
5.3 Voluntary Cancellation
If you wish to voluntarily cancel your Consultant Agreement with Perfectly Posh, you must do so in writing via a Support Request in the Posh Box. Please include your name and Consultant ID number. The effective date of your cancellation may be up to 45 days after your request is received.
Section 6 – Leave of Absence: Maternity, Military, or Illness
6.1 Maternity Leave
a. Any Consultant may apply for maternity leave and be waived from the Personal Volume or “Active Consultant” requirement for four months.
b. To qualify, the Consultant must contact Consultant Services at firstname.lastname@example.org to request, and have approved in writing by Posh, the leave at least 30 days before the leave is to take effect.
c. All other Pay Plan requirements continue during maternity leave.
d. Perfectly Posh must approve all requests prior to starting your leave.
e. Consultant acknowledges and agrees that Posh may require certain documentation in order to evaluate any request for leave.
6.2 Military Leave
a. An active duty or reserve military Consultant that is transferred to a U.S. military base outside of the U.S.A. or U.S. territory where Perfectly Posh, LLC does not do business may continue to maintain active status if:
i. You maintain a residence and mailing address in the United States.
ii. You maintain your Personal Retail Sales volume through your Consultant website.
iii. You do not sponsor or sell products to any individual who resides outside the 50 United States or US territories, including Canada.
iv. You continue to maintain contact and support your team and company through phone, web, email, etc.
b. If you are not able to maintain support of your downline or customers, you and your Perfectly Posh account will be put on hold as a Consultant until you return to the United States. The maximum period of time in which Active Consultant status may be put on hold is 6 months and then the company will re-evaluate your active status.
c. All communications from Perfectly Posh will be through normal Consultant communications such as email, text message, the Posh Box, the Consultant Virtual Office, and/or newsletters.
d. No product will be sent to you while you are out of the United States.
e. To qualify for military leave, a Consultant must contact Consultant Services at email@example.com to request, and have approved, the leave at least 30 days before the leave is to take place.
f. Perfectly Posh must approve all requests prior to starting your leave.
6.3 Illness Leave
a. A leave of absence resulting from illness will be considered on a case-by-case basis.
b. To qualify for illness leave, a Consultant must contact Consultant Services at firstname.lastname@example.org to request, and have approved, the leave within 2 weeks following the onset of the illness.
Section 7 – Change of Address and Contact Information
7.1 It is the responsibility of the Consultant to update any contact information or payment information within the Consultant Virtual Office.
7.2 Perfectly Posh is not responsible for misdirected communications, undeliverable payments, etc. resulting from a Consultant’s failure to update contact information.
Section 8 – Starter Kit Return
8.1 If a Consultant decides to self-cancel her or his relationship with Perfectly Posh, the Consultant may return any “resalable” contents from the original kit for a refund within the first year of enrollment. This will result in a forfeiture of any product or business supply credit and any rights to Consultants in her or his downline.
8.2 The contents must be:
a. Unopened and unused;
b. All packaging and contents must be in perfect, resalable condition; and
c. Product must not be altered in any way.
d. You are required to ship all returned product back to the company at your own expense. Perfectly Posh is not liable for any damage or loss of returned product that may occur in return shipment. Please use a qualified carrier, ensure you are returning it to the correct address, and that you have packaged the return appropriately.
e. No refund or credit will be issued until said product has been received, reviewed, and logged back into the inventory of Perfectly Posh, LLC. A Consultant Support Specialist will process the return. Credit will be issued only to the credit card used to purchase the inventory, and may take up to 5 business days to show as a refund in your account once the return has been authorized by Perfectly Posh.
Section 9 – Premier’s Responsibilities
9.1 As a Premier, you accept the responsibility of providing support to your Team. A Premier must do the following to maintain the title of Premier or higher:
a. Meet all requirements in the Pay Plan as a Premier.
b. Provide timely responses to Consultants on your Team who may contact you in need of assistance.
c. Maintain professional working relationships and communications with Premiers in your upline and downline.
d. Follow and comply with all current Policies and Procedures.
9.2 Premier Privileges
As a Premier, you may be invited by the Company to participate in events, discussions, or other various activities related to the Company’s business. This invitation is at the discretion of the company and is not required.
a. I understand that upon reaching the ranking or status of Platinum Premier, the standards and expectations are high. The Company considers it a conflict of interest and violation of this contract for Consultants who reach this ranking or status join another competing or direct sales related company and be able to fulfill my duties and responsibilities with Posh. Such action could result in a demotion or other disciplinary action as deemed appropriate by the Company. [See also 3.2 (m).]
9.3 Premier Demotions
A Premier may be demoted to the title Pink Plus 3 for not fulfilling any of the responsibilities listed above in Section 9.1. As a Premier, you must meet the Premier maintenance requirements at least once in a rolling three-month period or you will be demoted to the title Pink Plus 3. If you are demoted from the title of Premier for any reason, you will be placed back into the Team of the next upline Premier and are no longer eligible to participate in any activities designated as Premier Privileges above. You may re-qualify for Premier in any calendar month, at which time Premier Privileges may resume.
Section 10 – Recruiting
10.1 Opportunity and Responsibility
a. All Consultants have the opportunity to sponsor other individuals into their Teams.
b. Recruiting is not a requirement to be compensated for personal sales.
c. Any individual who wants to enroll with you in Perfectly Posh must enroll on your Perfectly Posh Independent Consultant Personal Website.
d. You have the responsibility to provide support to any Consultant you personally sponsor.
10.2 Recruiting Other Companies’ Representatives
a. Perfectly Posh does not encourage or support the practice of enticing Consultants from other companies to join Perfectly Posh and as a Posh Consultant you shall refrain from such activity.
b. If a Consultant from another company contacts you, or in your normal course of business you meet a representative from another company that desires to join Perfectly Posh, it is acceptable to offer them the opportunity to join. It is, however, a violation of the Policies for any Perfectly Posh Consultant to entice someone to leave a company with which they are currently enrolled through negative or deceptive practices, or to target Consultants from any specific company for the purpose of enticing them and/or other team members to join Perfectly Posh.
c. Posh Consultants cannot promote anything other than the Company’s “Monthly Recruiting Exclusives” to potential new recruits to join Perfectly Posh.
Section 11 – Joining Other Companies as a Sales Representative
a. You may join other companies with the following limitations:
i. While an Active Perfectly Posh Consultant you may not join or participate in another company that markets similar products as offered by Perfectly Posh.
ii. You cannot sponsor any of your currently enrolled Perfectly Posh frontline Consultants into another company or business.
iii. Once you reach the status or ranking of a Platinum Premier, or upon becoming a Pinnacle within Perfectly Posh, it would be considered a conflict of interest and violation of this contract for a Posh Consultant to join another competing or direct sales related company. Doing so could result in a demotion or other disciplinary action as deemed appropriate by the Company, including but not limited to termination.
b. Honesty in Enrollment of Others
i. Any Consultant who falsifies the enrollment of another person or a phantom person will be canceled immediately.
ii. You may not use your credit card to enroll another person in Perfectly Posh.
c. Changing Sponsor
i. While an Active Consultant, you may not change your personal sponsor.
ii. If your sponsor is canceled for any reason, you will be moved up to the next Active Consultant who then becomes your personal sponsor.
d. Consultants waive any and all claims against Perfectly Posh, its officers, directors, owners, employees, and agents that relate to or arise from the company’s decisions regarding the disposition of any downline organization that develops below an organization that has improperly changed lines of sponsorship.
Section 12 – Sale, Transfer, or Assignment of a Perfectly Posh Business
It is the intent of the Company to allow any Consultant who wishes to sell, transfer, or assign her or his Perfectly Posh business to do so subject to the discretion of Perfectly Posh to prohibit or override such sale, transfer, or assignment. The sale, transfer, or assignment is subject to certain conditions and limitations, and must follow the process prescribed below:
Any Consultant at any sales rank may sell, transfer, or assign her or his business. The seller must inform the Company in writing via a Support Request of her or his intent to do so. Before the sale, transfer, or assignment can be finalized and approved by Perfectly Posh, any debt obligations the selling Consultant has with Perfectly Posh must be satisfied. Any sale, transfer, or assignment must include a Consultant’s entire business, i.e. a Consultant may not sell portions of her or his downline.
12.2 Right of First Refusal
All sales, transfers, or assignments are subject to a Right of First Refusal (“RFR”) to the Company, followed by a RFR to the direct upline Consultant. If a Consultant receives a bona fide offer to purchase her or his business, the Consultant shall first offer to sell to the Company on the same terms and conditions contained in the bona fide offer. The Consultant shall deliver the bona fide offer in writing to the Company, and the Company shall have ten (10) business days in which to accept the offer. If the Company fails to exercise its RFR within the ten (10) day period, the Consultant shall extend the same offer to her or his direct upline Consultant on the same terms and conditions as those contained in the bona fide offer. The first three direct upline Consultants in like order (in other words offer the direct upline the offer first, the second upline second, and third upline thereafter) who shall have five (5) business days in which to accept or reject such offer. If the direct upline Consultant(s) fails to exercise her or his RFR within the time allotted, the selling Consultant may sell, transfer, or assign to the third party according to the same terms and conditions contained in the bona fide offer.
The buyer or transferee must be (or must become) a Perfectly Posh Consultant, meet all eligibility requirements as required by Perfectly Posh which may change from time to time at the sole discretion of Perfectly Posh, and be in good standing with the Company. If the buyer is a Perfectly Posh Consultant with an existing downline, she or he is not required to surrender that downline.
12.4 Process for Sale, Transfer, or Assignment
a. The seller must notify the Company via a Support Request of her or his intent to sell, transfer, or assign her or his Perfectly Posh business and complete the “Request to Sell, Transfer, or Assign” form required by Perfectly Posh.
b. A bona fide offer from a third party must be given to the Company and (if applicable) to the direct upline Consultant for Right of First Refusal.
c. The Company will provide a Business Transfer Form that confirms the buyer’s information, seller’s information, any relevant terms of the sale, and the effective date of sale.
d. Both the Seller and the Buyer must execute the Business Transfer Form.
e. The Company must approve and finalize any sale, transfer, or assignment of a Perfectly Posh business.
12.5 Separation of a Perfectly Posh Business due to Divorce or Business Break-up
a. When a Perfectly Posh business is jointly owned and operated by a spousal partnership, or as a business entity, there must be a way to equitably separate that Perfectly Posh business in the event of a divorce or the dissolution of the business entity. This separation must be handled in a way that does not adversely affect the interests and income of other businesses up or down the line of Sponsorship. If the separating parties fail to provide for the best interests of other Consultants and the Company, Perfectly Posh at its sole discretion has the right to involuntarily cancel the Consultant Agreement.
b. During the pendency of a divorce or business break-up, you must adopt one of the following methods of operation:
i. One of the parties may, with consent of the other(s), operate the Perfectly Posh business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners, or trustees authorize Perfectly Posh to deal directly and solely with the other spouse or non-relinquishing shareholder, partner, or trustee.
ii. The parties may continue to operate the Perfectly Posh business jointly on a business-as-usual basis, whereupon all compensation paid by Perfectly Posh will be paid in the joint names of the Consultants or in the name of the entity to be divided as the parties may independently agree.
iii. The business can be operated pursuant to the status quo as it existed prior to the filing of the divorce. If no special written instructions are given to Perfectly Posh, this shall be the default method of handling a business during divorce proceedings.
iv. In a divorce action, the spouse who is not awarded the business may re-enroll immediately without waiting six calendar months.
c. In the case of the dissolution of a business entity, the business must be awarded to a single party. The partners, shareholders, members, or other owners who did not receive the business must wait six calendar months before they can re-enroll as Independent Consultants.
12.6 Succession Due to Death or Incapacitation
In the event of your death or incapacitation, your Perfectly Posh business may be passed to your heirs. For this to occur, the necessary legal documentation must be submitted to Perfectly Posh. If you wish to bequeath your Perfectly Posh business, please work with an attorney to prepare a will (or other testamentary instrument). The successor(s) must:
a. Execute a new Consultant Agreement;
b. Comply with terms and provisions of the Agreement; and
c. Meet all of the qualifications for the deceased Consultant’s rank.
Bonuses and Commissions of a Perfectly Posh business transferred in this manner will be paid in a single installment. If the business is bequeathed to joint devisees, they must form a business entity and acquire a federal Taxpayer Identification Number (TIN). Perfectly Posh will issue all bonus and Commission checks and one IRS Form 1099-Misc to the business entity.
12.7 Transfer Upon Death of a Consultant
To affect a testamentary transfer of a Perfectly Posh business, the successor must provide the following to Perfectly Posh:
a. A copy of the death certificate;
b. Letters testamentary or written instructions from the executor of the estate providing instruction on the disposition of the business; and
c. A completed and executed Consultant Agreement by the beneficiary or trustee if the business is to be held in trust.
Section 13 – Income Claims
13.1 Because Perfectly Posh Consultants do not have the data necessary to comply with the legal requirements for making income claims, a Consultant, when presenting or discussing the Perfectly Posh opportunity or Pay Plan to a prospective Consultant or to others in any context, may not make income projections, income claims, or disclose her or his Perfectly Posh income (including, but not limited to, the showing of Commission information, bank deposit records, bank statements, tax records, etc.).
Section 14 – Bonus Buying
14.1 Consultants must never purchase more products than they can reasonably use or sell to retail customers in a month, and must not influence or attempt to influence any other Consultant to buy more products than they can reasonably use or sell to retail customers in a month. Such “bonus buying” is strictly prohibited. Bonus buying includes any mechanism or artifice whether done directly or indirectly 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 and/or enrollments of bona fide Independent Consultants. Bonus buying includes, but is not limited to, purchasing products through a straw man or any other deceptive selling or recruiting activity.
Section 15 – Selling and Ordering
15.1 As a Perfectly Posh Consultant you have the opportunity to sell Perfectly Posh products to any retail customer within the United States. Remember that Perfectly Posh does not do business outside of the 50 United States. We will not ship to any location outside of the U.S., including Canada. In addition, Perfectly Posh Consultants are not allowed to directly or indirectly sell or ship products to anyone outside the 50 United States. In no circumstances shall a Consultant who moves or resides outside of the country place orders while a resident outside of the United States.
15.2 Consultants and customers purchase Perfectly Posh products at the retail price. Although you may offer discounts to your customers, it is a violation of our polices to advertise any price other than the pricing published by Perfectly Posh. Advertisements include, but are not limited to, all printed media, electronic media, social media, etc. You may offer individual discounts directly to specific customers in private environments including, but not limited to, “secret” or “closed” Facebook group pages or social media groups whose postings are not visible to people not members of those groups. In addition, you may not entice a person to join Perfectly Posh by offering an incentive or a discount on her or his Starter Kit. Incentives to join include, but are not limited to, anything of monetary value. All new Consultants must join by purchasing a Starter Kit directly from the company and at the published price offered by Perfectly Posh.
15.3 A Perfectly Posh Consultant may not purchase Perfectly Posh products from any other Perfectly Posh Consultant for any reason, including but not limited to “Bonus Buying”. (See section above regarding “Bonus Buying.”)
15.4 Places to Sell
a. Home Parties/Open Houses
i. The party is the basic sales method of any party plan business. As a Consultant you are encouraged to enlist a hostess to invite her friends and family into her home for a quick and fun demonstration and to experience the unique Perfectly Posh products. Remember to make these parties simple and fun. Your Posh Box has ideas and suggestions to make your party successful. Open Houses are similar to a party but are usually less structured to allow guests to come and go for a specific time period.
b. Perfectly Posh Consultant Individual Replicated Website
i. Your personal Consultant website allows retail customers in the United States to order any Perfectly Posh product from your shopping cart. These products will be shipped directly to the customer. You will earn personal Commissions on these sales.
i. Your business is designed to go anywhere with you. You can take orders from a single individual, enter these orders in your Consultant Virtual Office, and have them shipped directly to the customer. Inventory is optional, but may be kept on hand so you can sell products directly to a customer. Remember, we do not require or encourage any Consultant to maintain inventory.
d. Events, Fairs, and Shows
i. As a Consultant, you may sell Perfectly Posh products at events such as fairs and trade shows as long as it is a temporary event. A temporary event is an event with duration of no more than 30 consecutive days and your participation in any single event or location can be no longer than 30 total days in a six-month period.
ii. You need to personally be present at the booth for at least 75% of the time and the registration and payment must be in your name.
iii. Prior to any event you must:
a) Sign-up through the event manager of the show or fair;
b) Identify yourself on the event application as a Perfectly Posh Consultant; and
c) Keep copies of all signed contracts and payments.
d) Note: Perfectly Posh has no control over event organizers so it is your responsibility to maintain a professional booth, comply with all Perfectly Posh Policies and Procedures, and comply with all event policies and rules of conduct. Contact email@example.com for sales tax information.
e. Portable Parties
i. Portable Parties will allow a customer to take samples, catalogs, and order forms to her or his office or friends and family to share and allow these customers to take orders for a given period of time. At the end of the time allotted, orders are returned to the Consultant. Once completed, the Consultant can enter the order as a party order.
f. Other Online Sales
i. All other online sales, except from your Perfectly Posh Consultant Replicated Website, are prohibited. This includes but is not limited to eBay, Amazon, Etsy, Varagesale, Craigslist, other auction sites, custom shopping carts, or any other form of sales conducted online.
g. Retail Store Sales
i. The cash and carry of any Perfectly Posh products from a retail store or commercial business is prohibited.
ii. You may put up a display of any current Perfectly Posh products in a retail store but no sales may be transacted at this business location. The purpose of the display is for promotion only. This display may include samples and business cards, flyers, or other marketing materials.
Appropriate Business Activities
“CAN DOs” assumes the following are permitted by terms of your agreement with event or establishment with which you are doing business. Rules are always first determined by the agreement between the Independent Consultant and the establishment or event with which they are doing business. Perfectly Posh Independent Consultants assume all legal and moral responsibilities of any contracts with outside vendors solely and completely of Perfectly Posh, LLC.
- Can set up a display promotion, information, display signage, decor, or banners, etc.
- Can distribute samples or promotional materials (flyers, business cards, catalogs)
- Can leave demonstration products without cash and carry as agreed upon with permission of location
- May have drawings, “enter here” collections, giveaways, etc. as permitted by establishment and local law
- May authorize staff of display location to share promotional materials, samples, and collect orders
- May spend time there promoting your business WITH NO CASH AND CARRY SELLING for
• Up to 30 consecutive days per Activity Period
• Up to 30 total days in Activity Period
- May have more than one Perfectly Posh Consultant, providing all rules of establishment are followed
- May post information about upcoming, local events where cash and carry may occur (i.e. invitations to an upcoming home party or local craft event)
- May not offer cash and carry inventory, nor products for sale in any way at said location either through yourself nor through staff of retail location
- May NOT offer specials or discounts if another Perfectly Posh Independent Consultant is present with display in location
- Cannot offer any discount, rebate, or free giveaways that can have a retail dollar value attached to promoting enrollment or the Perfectly Posh Starter Kit
- Can have display promotion samples, signage, information, or banners, etc.
- Can distribute samples or promotional materials (flyers, business cards, catalogs)
- Can have cash and carry
- Can have demonstration products, materials, games, giveaways, drawings, etc.
- MUST spend 75% or greater of duration of the event PERSONALLY attending said event
- May have business cash and carry presence at an event for a maximum of
• 30 consecutive days per Activity Period
• 30 total days in Activity Period
- May offer specials and sale prices IF Perfectly Posh Consultant is the only PP Consultant at said event
- May have more than one Perfectly Posh Consultant, providing all rules of event coordinator and contract are upheld
- Occupy any event for
• More than 30 calendar days in Activity Period
• More than 30 total days of an Activity Period
- May NOT offer special or discounts if another Perfectly Posh Independent Consultant is present
- Cannot offer any discount, rebate, or free giveaways that can have a retail dollar value attached to promoting enrollment or the Perfectly Posh Starter Kit
*Activity Periods are January 1–June 30 and July 1–December 31 annually.
Section 16 – Making Payments, Submitting Orders, Delivery, and Sales Tax
16.1 Forms of Payment
a. All orders being placed online must be submitted with a valid credit card or Posh PoshPay account (See 18.1).
b. You may collect payment for orders in the form of cash, check, credit card, or other electronic payment. When you submit your order to the company either as a single order or a party order, however, it must be made with a valid credit card.
c. All checks must be made out to you as the Consultant. When a customer pays in cash or check, you will be responsible to submit the order with your credit card or debit card.
d. The Company will accept and process all major credit card payments from your customers on your behalf at no additional cost to you. If any problems arise with payment by credit card, it will be the sole responsibility of the Consultant to collect payment. Perfectly Posh does not assume responsibility for declined credit cards. If a customer’s credit card is declined, the Consultant can either remove the order from the party or collect alternate payment from the customer prior to submitting the party order. The billing address for the credit card must match the address the customer lists on the order form. If it does not match, the credit card company may not accept the charge.
e. It is the Consultant’s responsibility to safeguard all credit card information, maintain a secure Internet connection on any computer they are using to submit orders, and to safely destroy ALL customer credit card information after the order is complete. It is recommended that Consultants keep a copy of each Order Form on file for one year. This is for the protection of the Consultant in case there is a disputed charge.
f. It is the sole discretion of each individual Consultant to accept or decline the option of check payment. You are also responsible for any checks written to you, and it will be your exclusive responsibility to collect an alternative form of payment should you receive any bounced checks.
16.2 Timely Submission of Orders
All Home Party orders must be closed and submitted within 5 days of the party. Online Parties and Portable Parties must not be held open for more than 14 days and must be submitted within 5 days of closing the party.
16.3 Timely Delivery
It is your responsibility to ensure that all orders are delivered to the customer in a timely manner. This includes any orders shipped directly to the hostess for customer deliveries.
16.4 Sales Tax
In all states that have a sales tax, our software system will calculate the appropriate rate based on the “Ship To” address on the order. It is your responsibility to collect the appropriate amount from the customer at the time of the order. Perfectly Posh will remit the sales tax to the state.
You are not burdened with the responsibility of reporting and submitting sales tax payments, however, you ARE responsible for all applicable sales tax charges on your orders.
Section 17 – Business Supplies
17.1 Business supplies will be made available to Consultants. Some supplies may be available as a free download through your Posh Box or purchased in the Posh Portal.
17.2 Business supplies are not commissionable and do not create any volume for qualifications.
17.3 The purpose of business supplies is to help promote and build your business.
17.4 Consultants may not sell or market supplies of any kind to other Consultants or outside vendors.
17.5 Business supplies are non-returnable except upon the termination of a Consultant’s business. You may exchange any supply that is not on sale, closeout, or clearance for credit ONLY within 30 days of purchase if it is unused and in resalable condition.
17.6 Cost of return shipping on business supplies is the sole responsibility of the Consultant. Perfectly Posh is not liable for any return lost in transit by any carrier.
17.7 Perfectly Posh reserves the right to reject any return of business supplies.
17.8 It is not required that you buy any business supplies. They are tools that are offered to you for the sole purpose of promoting your Perfectly Posh business.
17.9 Should you decide to create your own marketing materials, you are permitted to do so for personal Posh use only, providing you are compliant in all of the following and do not attempt in any way to sell or profit from materials created:
a. You must include the Independent Consultant version of the logo prominently;
b. Include your name and at least one means of contacting you;
c. You do not intentionally or unintentionally lead any customer or potential customer to believe you represent the corporate presence; and
d. Use the appropriate color palette (Pantone PMS 205 C) pink.
17.10 It is also expected that any marketing materials created by you or outside of those that are offered in the Posh Box maintain a respectable level of quality. Substandard papers, inks, materials, etc. are a poor reflection on the Perfectly Posh brand and your business. Please take the time and resources to ensure you are representing the Company well.
17.11 Sales of Consultant Produced Materials
If you create any sales tools or marketing materials that are approved by the Company, you may provide them to other Consultants free of charge. However, you may not sell the materials, charge any fee, or request a “donation” to any other Consultant to use or access the materials. In addition, you may not sell or charge any fee or request a “donation” from any other Consultant for any accessories or other products associated with your Perfectly Posh business such as, but not limited to, soap holders, etc.
Section 18 – Payment of Personal Commissions and Bonuses
18.1 Personal Commissions
You receive personal Commissions from products that you personally sell to customers and retail rebates on product that you personally purchase. Personal Commissions and rebates are paid at the same percentage rate, and are based on the retail price of the product. The percentage rate you are paid is determined by your “Paid-As” Rank in the Pay Plan.
There are no Commissions earned on Posh Perks, free, and certain discounted items.
In order to receive Commissions as an Independent Consultant with Perfectly Posh, you are required to set up a Posh Pay account through ProPay. All Consultants are required to keep their ProPay account in good standing. To see the requirements for ProPay, visit: https://www.propaypayments.com/legal/Default.aspx
You are paid bonuses on the sales of other Consultants in your downline. The bonuses are calculated on the “Paid-As” Rank you hold and the Title held by your frontline Consultants in the calendar month that the sales were made.
18.3 Time of Month Paid
All Commissions and bonuses will be paid out by the 10th of the month following the calendar month in which they were earned. All Commissions and bonuses will be paid out to the ProPay account you set up during the enrollment process. (Failure to set up an active ProPay account will result in the delay of payment of commissions and/or bonuses.)
18.4 You are responsible to keep information current with both Perfectly Posh and ProPay. Bonuses and Commissions will be late, missed, or delayed due to missing information or accounts not properly set up. All information must be provided in its complete form at your initiation. No late payment will be expedited if this is the case. Returned Commission payments will be added to the following month’s Commission.
18.5 You are paid on your personal sales and the qualified sales of Consultants in your downline. You are never paid for recruiting another Consultant.
Section 19 – Advertising/Marketing Guidelines
19.1 All advertising and marketing materials you use in any form must meet the Perfectly Posh Advertising Guidelines. These guidelines are in place to protect you, your business, our customers, and Perfectly Posh. The misuse of marketing materials or Perfectly Posh branding may result in disciplinary action as deemed appropriate by the Company.
19.2 Consistent Branding
Permitted and approved logos, photos, and other design elements are provided on the Posh Box to help you create materials that follow appropriate trade dress and branding standards. The misuse of these design elements may result in the disciplinary action as deemed appropriate by the Company.
19.3 Approved Advertising and Tools
a. Personal Branding
i. Perfectly Posh has gone to great lengths to provide the highest quality marketing tools at a reasonable price to help you build your business. Marketing tools will be made available in the Posh Box.
ii. The Company’s name, logos, and product names are trademarks and trade names belonging to the Company. Consultants must not use the Company’s trademarks or trade names in any marketing material that they create with the exception of those marks and images that are approved for Consultant use and posted in the Posh Box. The misuse or infringement of Company trademarks may result in disciplinary action as deemed appropriate by the Company, including but not limited to legal action.
b. Business Cards
i. If you choose to use business cards, there are a variety of styles to choose from in the Posh Box.
c. Telephone or Web Listings
i. When posting your business in any telephone book or web listing you must use the following format:
a) Your name or entity name
b) Perfectly Posh Independent Consultant or Perfectly Posh Independent Consultant/Your Title
c) You must not imply or use any language that would lead a person to think you are the Perfectly Posh Corporate presence or an employee of Perfectly Posh.
d) Phone, Internet access, and all contracts must be put in your name and not in Perfectly Posh, LLC’s name.
i. All Consultants must comply with federal/state/local solicitation laws.
e. Online Marketing
i. Banner Ads
a) Banner advertisements on a website are permitted providing you use:
1. The Independent Consultant logo
2. Your name and at least 1 form of contact information
3. No claims or implications that you represent the Corporate presence
ii. Email Spamming
a) You are not allowed to transmit mass, unsolicited emails to promote Perfectly Posh to people who do not know you or have not given permission to contact them. Any customer who has chosen to “opt in” as a subscriber or who has initiated a request to be included in bulk emails or a newsletter is approved. Please use a reputable service when contacting any customers via mass email.
iii. Spam Linking or Spamdexing
a) Any comments you make on blogs forums, guest books, etc. must be unique, informative, and relevant.
iv. Pay-Per-Click Ads and Sponsored Links
a) Sponsored links or pay-per-click ads (PPC) are NOT acceptable.
b) Traffic may not be purchased in bulk through a “traffic acquisition vendor.”
Section 20 – Use of Trademarks and Copyrights
20.1 The Company may license the use of its trademarks to Consultants, subject to the limitations herein and subject to the limitations in any licensing agreement.
20.2 Consultants may not use any of the Company’s trademarks or any derivatives of its marks or confusingly similar variations of its marks in any marketing or promotional material that they produce other than those marks and Independent Consultant logos that can be downloaded from the Posh Box. The misuse of Company trademarks may result in disciplinary action as deemed appropriate by the Company, including but not limited to legal action.
20.3 Consultants shall not register or attempt to register or reserve any of the Company’s trademarks or trade names, or any derivatives of such trademarks or trade names (collectively “Marks”) for any Internet domain name, URL, subdomain name, email address, or social media handle, address, or name (collectively “Web ID”). If a Consultant does register any of the Company’s Marks in such a fashion, the Consultant agrees and hereby acknowledges that the Company owns, and shall continue to own, all rights in and to the Company’s Marks and that the Consultant will discontinue using the Web ID upon demand from the Company. The Consultant further agrees to immediately re-assign to the Company any Web ID that the Consultant has registered or reserved in violation of this policy at no charge to the Company. The provisions of this Section survive the termination of the Contract.
20.4 The Company, in its sole discretion, will determine whether a derivative or variation of its Marks is confusingly similar to the Company’s Marks. If the Company determines that a term or word used by a Consultant is a derivative or variation of a Company Mark, the Consultant shall transfer the Web ID to the Company pursuant to the preceding policy.
Section 21 – Perfectly Posh Consultant Websites
21.1 Consultant Replicated Websites
When you enroll in Perfectly Posh you will receive free access to a Company-hosted personal Consultant Website.
21.2 Personal Non-Replicating Website
a. You may have one Personal Non-Replicating Website/URL (an “Independent Website”) to market or link to your Perfectly Posh business. Your Independent Website must only promote Perfectly Posh products and/or the Perfectly Posh opportunity. Only approved images of the Perfectly Posh products can be used on an Independent Website. (See the Posh Box for images.)
b. Other than your Personal Perfectly Posh Consultant Replicated Website you may not use the words “Perfectly Posh” or any of the Company’s other Marks in connection with any Web ID.
c. All shopping and/or new Consultant enrollment links must link to your Personal Perfectly Posh Consultant Replicated Website. Product sales or enrollments may not occur on any website other than your personal Replicated Website.
d. Multiple URLs must not be used to forward or redirect traffic to your Personal Perfectly Posh Replicated Website. Perfectly Posh strictly prohibits any Consultant redirecting traffic from more than her or his one personally owned URL. Blogs sites, social platforms, and other third party marketing sites are not considered personally owned URLs.
Section 22 – URL, Email Naming, Blogs, Facebook, Social Media, YouTube, etc.
22.1 You may not use the words “Perfectly Posh” or other Marks in any Web ID. In addition, you may not use words or Marks in any URL, email, or social media address that would directly or indirectly imply that it may be a Perfectly Posh corporate email, URL, or official corporate page. If you are out of compliance, Perfectly Posh will require you to change the Web ID, URL, or social media address. Any cost for changing marketing material including business cards, emails, websites, or advertising will be yours. If you have any question about whether or not you are out of compliance then contact Consultant Support via a Support Request in the Box before purchasing and creating any Web ID.
22.2 You may use social networking sites, blogs, and forums to share information about Perfectly Posh. However, these sites may not be used for transacting sales or Consultant enrollment. All links for selling and Consultant enrollment must redirect to your Personal Perfectly Posh Consultant Website.
Section 23 – Media Inquiries
If you are approached by any media entity about Perfectly Posh, you must first contact Perfectly Posh before providing any statement, press release, or media announcement. Contact Perfectly Posh via a Support Request in the Box.
Section 24 – Training Websites
You may have a separate Training Website for the purposes of sharing with and training others.
Section 25 – Shipping
The present cost of shipping is $5.99 USD for all orders, with the exception of Starter Kits and some specialty items/kits, and will be sent via preferred shipper as deemed appropriate by the Company. This cost is subject to change at the sole discretion of the company.
Note: There is a $25 fee for all package intercepts for shipments in transit.
Section 26 – Returns
26.1 Customer Refund Policy
Perfectly Posh offers a money-back guarantee on products returned within 30 days from the date of sale to be eligible for a refund or credit. Products must be returned in their original packaging and must be unopened and unused. The product must not be altered, damaged, or marked upon in any way.
Products purchased from a Consultant’s replicated website and shipped directly to the customer by the Company must be returned to the Company and the Company will issue a refund to the customer. Products sold to a customer by a Consultant from her or his inventory must be returned to the Consultant who sold the merchandise, and it shall be the responsibility of the Consultant to issue the refund to her or his customer.
No refund is available for products damaged by abuse or misuse, or for merchandise sold on a closeout or clearance sale, or which is otherwise sold as a “special” and identified as nonrefundable.
Shipping costs are not refundable, and it is the customer’s responsibility to pay for return shipping charges on merchandise being returned to the Company unless the merchandise is defective or is received by the customer in damaged condition.
If a Consultant returns or exchanges $300 or more in merchandise during any 12 rolling month period, the Company may treat the return as a cancellation return and may cancel the Consultant’s agreement. Please send all returns to:
Perfectly Posh, Returns
1786 South 4650 West
Salt Lake City, UT 84104
You are responsible to track and retain records of your product credits.
Perfectly Posh does not accept the return of tools for refund for any reason except upon a Consultant’s cancellation of her business. You may exchange them for credit only within 30 days of purchase if the item is in resalable condition and was not on sale, clearance, or closeout.
Consultants are responsible for all incurred shipping expenses.
Perfectly Posh does not exchange product or tools. If you want to exchange an item for another, you may use the return policy above for credit and then purchase the desired item with that credit.
If you receive an item that is damaged, broken, or defective, please contact us as soon as possible. Posh only accepts these claims within five (5) business days of receipt. Please examine each shipment of product or tools carefully and contact us in a timely manner. Photos may be requested. A pre-paid shipping label may be provided to you by Perfectly Posh for any necessary returns of defective items. If the damage or defect is a direct result of the shipping carrier, you may be likewise asked to help participate in any claims Perfectly Posh may file to collect reimbursement for damages to your order. Limit of one return per order.
Shipments lost by a carrier are the responsibility of the Consultant and their carrier. Perfectly Posh is happy to assist with relevant information such as ship dates and tracking, but is not responsible for packages once they have left the warehouse.
If there is an error in your shipment, contact Perfectly Posh to rectify the issue within five (5) business days. We regret we cannot correct any shipments, replace missing ordered product, etc. if we are not informed via the ticketing system or by calling (801) 441-1744 within five (5) business days. Please check all received orders for both tools and product promptly. We will work with you to repair any errors as quickly as we are able including expedited shipping when necessary.
We do not currently offer expedited shipping on either tool or product shipments.
26.2 Cancellation Returns
Upon cancellation of a Consultant’s Agreement, the Consultant may return Business Kits, products, and sales tools that she or he personally purchased from Perfectly Posh (purchases from other Consultants or third parties are not subject to refund) that are in resalable (see Definition of “Resalable” below) condition so long as the products and/or Sales Tools were purchased within one year prior to the date of cancellation. Upon receipt of a resalable Business Kit and/or resalable products and sales aids, the Consultant will be reimbursed 90% of the net cost of the original purchase price(s). Neither shipping and handling charges incurred by a Consultant when the Business Kit, products, or sales aids were purchased, nor return shipping fees, will be refunded. If the purchases were made through a credit card, the refund will be credited back to the same account. If a Consultant was paid a Commission based on a product(s) that he or she purchased, and such product(s) is subsequently returned for a refund, the Commission that was paid based on that product purchase will be deducted from the amount of the refund.
Products and Sales Tools shall be deemed “resalable” if each of the following elements are satisfied: 1) they are unopened and unused; 2) packaging and labeling has not been altered or damaged; and 3) it is returned to Perfectly Posh within one year from the date of purchase (the 12-month limitation shall not apply in Maryland, Massachusetts, and Wyoming). Any merchandise that is clearly identified at the time of sale as non-returnable, discontinued, or as a seasonal item, shall not be resalable.
a. Montana Residents
i. A Montana resident may cancel her or his Consultant Agreement within 15 days from the date of enrollment, and may return her or his Starter Kit for a full refund within such time period.
Section 27 – Competition & Confidentiality Conflicts
27.1 As a Consultant you are using both the Perfectly Posh brand and its products to build a business and as such will be held to the Company’s high standards. In order to protect its branding and high standards, the Company considers the following to be a conflict of interest.
a. I understand that upon reaching the ranking or status of Platinum Premier, the standards and expectations are high. The Company considers it a conflict of interest and violation of this contract for Consultants who reach this ranking or status join another competing or direct sales related company and be able to fulfill their duties and responsibilities with Posh. Such action could result in a demotion or other disciplinary action as deemed appropriate by the Company. [See also 3.2 (m).]
b. Perfectly Posh owns all of the rights and privileges to the resources provided to and used by its Consultants. The use of Company resources for personal profit, such as Consultant information, product, or supplies is for Perfectly Posh use only and should not be used to facilitate any business outside of a Consultant’s Perfectly Posh business. Any other use of Company resources is a violation and could result in disciplinary action, including termination. This includes but is not limited to creating a business outside of Perfectly Posh and using the accessible resources provided to you by Posh.
c. Confidentiality is crucial to Posh. Products are constantly evolving and changing to keep them new and fresh. It is meaningful to the Company to be able to continuously provide quality new product while keeping the fun and creative aspect with an element of surprise. To avoid influential situations that affect the decision-making, judgment, job duties or loyalty of the Company by Consultants and Company employees, it is important that the relationship between Consultants and Company employees be one of professionalism in nature. Anything outside of a professional relationship presents a conflict of interest.
Section 28 – Disciplinary Sanctions
28.1 If you are found in violation of your Consultant Agreement or these Policies and Procedures, or if Perfectly Posh determines that you have engaged in or are engaging in any illegal, fraudulent, deceptive, or unethical business conduct, you may be subject, at Perfectly Posh’s sole discretion, to one or more of the following corrective measures:
a. A written warning or admonition;
b. A requirement that you take immediate corrective measures;
c. Loss of rights to one or more bonus and/or Commission payments;
d. Suspension of your Consultant Agreement for one or more pay period (the Consultant will not be eligible for compensation during the suspension period);
e. The removal of a frontline Consultant and their downline organization from your downline organization;
f. Involuntary cancellation of your Consultant Agreement; or
g. Any other measure allowed within any portion of the Agreement, or which Perfectly Posh deems appropriate, to equitably resolve injuries caused wholly or in part by your policy violation or contractual breach.
28.2 Perfectly Posh may withhold from you all or part of your bonuses and Commissions while the Company is investigating any potential or alleged misconduct. If your Perfectly Posh business is canceled for disciplinary reasons, you will not be entitled to any Commission or bonus withheld during the investigation period. Perfectly Posh may institute legal proceedings for monetary and/or equitable relief at its sole discretion.
Section 29 – Breach of Contract Procedures
29.1 Conditional Obligations.
The Company’s obligations to a Consultant are conditioned upon the Consultant’s faithful performance of the terms and conditions of the Contract. The Company, in its sole discretion, will determine if a Consultant is in breach of the Contract and may elect any, or all, available remedies.
29.2 In the event of breach, the Company may elect to take no action or to exercise some or all contractual remedies and remedies at law or in equity, including, but not limited to:
a. Notify the Consultant either verbally or in writing of the breach and providing a notice to cure the breach;
b. Require from the Consultant additional assurances of future compliance;
c. Withhold or deny recognition and attendant perks;
d. Assess damages and withhold them from Commission payments;
e. Suspend Consultant Rights temporarily or permanently;
f. Seek injunctive relief;
g. Terminate the Contract; and
h. Seek damages and associated costs.
Section 30 – General Provisions
As a Consultant, you are responsible for all verbal and written statements you make regarding Perfectly Posh products, services, and Pay Plan. You will indemnify and hold Perfectly Posh harmless from any and all liability resulting from your actions while contracted as Consultant or after termination of your Agreement.
All Consultant lists and information (including addresses, email addresses, telephone numbers etc.) are confidential and are the exclusive property of Perfectly Posh. You may use the Consultant list of your downline solely for purposes of helping support your Perfectly Posh sales organization. You are required to keep these lists confidential. Under no circumstances may you sell or share the list with any third party or disclose its contents to any third party other than as part of the sale of the business.
30.3 Governing Law, Jurisdiction, and Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside in and with the Federal and State Courts in Salt Lake County, in the state of Utah, unless the laws of the state in which you reside expressly requires the application of its laws, in which case that state’s law shall govern all issues related to jurisdiction and venue. In the event that Perfectly Posh retains an attorney to enforce any provision of these Policies and Procedures, Terms and Conditions, or the Consultant Agreement, then Perfectly Posh shall be entitled to injunctive relief without the benefit of bond and shall further be entitled to its attorneys’ fees and costs.
The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of the state of Utah shall govern all other matters relating to or arising from the Agreement unless the laws of the state in which a Consultant resides expressly require the application of its laws.