Independent Presenter Agreement
Effective February 1, 2016
Congratulations! You have taken the first step in your journey as a Younique Independent Presenter!
Becoming a Presenter means entering into a legally binding business relationship with Younique BV (the “Company”), and, where applicable, its affiliates, including Younique DISC Corporation. The following documents outline the terms, conditions, and legal responsibilities applicable to the relationship between the Company and Presenter:
The Presenter Application
The account application form to be completed and submitted on the Website in order to become a Presenter. When duly signed and taken together with the Presenter Terms and Conditions, Royalty Plan, Direct Selling Code and Policies and Procedures, it shall constitute the entire agreement between the parties.
To the account application form shall be attached a scanned copy of the Carte Vitale (Social security card) for VDI Presenters or a scanned copy of the registration form for the Presenters registered in the trade and commerce register.
The Presenter Terms and Conditions
A concise summary of the legal terms and conditions all Presenters must agree to in order to remain in good standing and conduct their Younique business.
The Royalty Plan
Understanding the Royalty Plan is crucial to your success as a Presenter. The Royalty Plan details the requirements and benefits of the compensation structure for Presenters, including how Commissions and Bonuses are calculated. The Royalty Plan will become increasingly important as you grow your team.
Policies and Procedures
The Policies and Procedures provide the “fine print” about operating a Younique business; they govern the way a Presenter conducts business with the Company, other Presenters and Customers.
For Questions and Support
For any questions about the Application, the Presenter Terms and Conditions, the Royalty Plan, Direct Selling Code, or Policies and Procedures, you may contact your Sponsor. You are also always welcome to contact Younique Support at www.youniqueproducts.com/business/support.
Welcome to Younique!
Presenter Terms and Conditions
1. I understand that as a Presenter:
a. I have the right to offer for sale Younique products in accordance with the Independent Presenter Agreement.
b. I have the right to enroll other persons to become Presenters for Younique.
c. If qualified, I have the right to earn Commissions and Bonuses pursuant to the Royalty Plan. d. I will train and motivate the Presenters in my Downline organization.
e. I will comply with all applicable laws, ordinances, rules, and regulations and shall make all reports and comply with all tax or social charges reporting obligations as may be required by any applicable law, ordinance, rule, or regulation. I will perform my obligations as a Presenter with honesty and integrity.
2. I agree to present the Royalty Plan and Younique products and services as set forth in official Younique literature
3. I agree that as a Presenter I am an independent contractor and I am not an employee, agent, partner, legal representative, or franchisee of Younique. I am not authorized to and will not incur any debt, expense, obligation, or open any checking account on behalf of, for, or in the name of Younique. I agree that I will be solely responsible for paying all expenses incurred by myself, including but not limited to travel, food, lodging, secretarial, office, long distance telephone, and other expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF YOUNIQUE FOR FEDERAL, STATE or PROVINCIAL TAX PURPOSES NOR FOR ANY OTHER PURPOSES PURSUANT TO ANY APPLICABLE LAWS OR REGULATIONS. Younique is not responsible for withholding and shall not withhold or deduct from my Bonuses and Commissions, if any, FICA or taxes of any kind.
However, as a VDI, I will abide by the provisions of articles L.135-1 to L.135-3 of the Commercial Code. My earnings with YOUNIQUE being exclusively composed of Bonuses and Commissions, I will be a VDI Mandataire.
Pursuant to article L 311-3 20° of the social security Code, I will contribute to the general social security sheme. The contributions shall be calculated by the Company on my behalf and paid to the social security administration according to the applicable provisions. I will have to pay for one third of the social security charges which shall be retained from my Commissions. YOUNIQUE shall issue, each quarter, a Commissions slip which will mention the total amount of my commissions and the social charges. YOUNIQUE and I agree that this document shall be regarded as an invoice for my Commissions.
If during three whole consecutive years I earn an amount of Commissions exceeding 50% of the annual social security threshold (€ 19,308 for 2016), I shall register as either an auto-entrepreneur, or register a company for the purpose of my Younique Business within 30 days of exceeding the above amount of Commissions. If the Presenter fails to re-register within this time and cease being a VDI, the Company shall have the express right to terminate this Contract.
4. I have carefully read and agree to comply with the Policies and Procedures, the Royalty Plan and the Direct Selling Code, which are incorporated into these Presenter Terms and Conditions and, together, make up the Independent Presenter Agreement. For definitions, please review the definition section of the Policies and Procedures. I understand that I must be in good standing, and not in violation of the Independent Presenter Agreement, to be eligible for Bonuses or Commissions from Younique. I understand that the Independent Presenter Agreement may be amended at the sole discretion of Younique, and I agree that any such amendment will apply to me. Notification of amendments shall be published in your Back Office. Amendments shall become effective thirty (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 Younique business or my acceptance of Bonuses or Commissions paid by Younique after the effective date of any amendment shall constitute my acceptance of any and all amendments.
5. The Independent Presenter Agreement shall continue to be in effect unless terminated pursuant to Clause 12 of the Policies and Procedures, with a notice period of 30 days except if the Contract is terminated for gross misconduct of the Presenter. If I or Younique elects to terminate the Independent Presenter Agreement, I understand that I will (a) permanently lose all rights as a Presenter (b) not be eligible to sell Younique products and services, and (c) not be eligible to receive Commissions, Bonuses, or other income resulting from the activities of my former Downline organization. In the event of 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 achieved sales and other activities of my former Downline organization. Younique reserves the right to terminate all Independent Presenter Agreements upon thirty (30) days’ notice if Younique elects to (a) cease business operations, (b) dissolve as a business entity, or (c) terminate distribution of its products and/or services via direct selling channels. I may terminate the Independent Presenter Agreement at any time, and for any reason, upon written notice to Younique’s Compliance Department at email@example.com and with a notice period of 30 days.
6. I understand that the Company has responsibility, directly, to promote the sale of Younique products within the United States, as well as all products of non-US origin wherever distributed. To the extent that commissionable sales occur where Younique products are delivered for distribution within the United States (or anywhere in the world if such products are of non-US origin), commissions on those sales under the Royalty Plan will be the legal responsibility of and will be paid by the Company. Younique DISC Corporation, an affiliate of Younique BV, has responsibility to promote the sale of US origin Younique products outside the United States. To the extent that commissionable sales occur with respect to US origin Younique products that are delivered for distribution outside of the United States, commissions on those sales under the Royalty Plan will be the legal responsibility of and will be paid by Younique DISC Corporation. Nevertheless, for administrative convenience, commissions paid under the Royalty Plan generally may be aggregated and paid in a single transaction, combining for the convenience of the Presenter the commissions earned on all eligible sales.
7. I may not assign any rights or delegate my duties under the Independent Presenter Agreement without the prior written consent of Younique. Any attempt to transfer or assign the Independent Presenter Agreement without the express written consent of Younique renders the Independent Presenter Agreement voidable at the option of Younique and may result in termination of my business.
8. I understand that if I fail to comply with the terms of the Independent Presenter Agreement, Younique may, at its discretion, impose upon me the measures as set forth in the Policies and Procedures. If I am in breach, default, or violation of the Independent Presenter Agreement at termination, I shall not be entitled to receive any further Bonuses or Commissions, whether or not the sales for such Bonuses or Commissions have been completed. I agree that Younique may deduct, withhold, set-off, or charge to any form of payment I have previously authorized, any amounts I owe or am indebted to Younique (among others the reimbursement of Commissions in case of product return).
9. Younique, and its Affiliates, shall not be liable for, and I release Younique and its Affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Independent Presenter Agreement. I am solely responsible for the consequences of my professional activity and am aware that I must take out, prior to the beginning of my professional activity, an insurance policy with a reputedly solvent insurance company, so as to cover the consequences of my activity, and the damages that I might cause to third parties in the course of my professional activity, and an insurance for the professional use of my vehicle, even I use it occasionally.
I therefore release and hold harmless Younique and its Affiliates from all liability arising from or relating to the promotion or operation of my Younique business and any activities related to it (e.g., the presentation of Younique products, compensation and marketing plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.). My direct selling activity shall comply with the specific regulations regarding consumer protection, articles L.121-16 to L.121-21 of the Consumption Code and the Direct Selling Code.
I agree to indemnify Younique for any damages, arising from any unauthorized conduct that I undertake in operating my business.
10. The Independent Presenter Agreement, in its current form and as amended by Younique at its discretion, constitutes the entire contract between Younique and myself. Any promises, representations, offers, or other communications not expressly set forth in the Independent Presenter Agreement are of no force or effect.
11. Any waiver by Younique of any breach of the Independent Presenter Agreement must be in writing and signed by an authorized officer of Younique. Waiver by Younique of any breach of the Independent Presenter Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
12. If any provision of the Independent Presenter Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Independent Presenter Agreement will remain in full force and effect.
13. The Independent Presenter Agreement is governed by and shall be construed in accordance with French law and the parties hereby irrevocably submit to the exclusive jurisdiction of the French Courts in respect of any dispute arising herefrom or any other contractual relationship between the parties hereto. However, the parties shall, prior to any litigation, attempt in good faith to settle the dispute through a mandatory prior conciliation as is more fully described in the Policies and Procedures. The mandatory prior conciliation shall not apply to Younique when deciding to take measures against a Presenter, as described under clause 11 of the contract.
14. 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 Presenter 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 Commercial Court of Paris, France.
15. If a Presenter wishes to bring an action against Younique for any act or omission relating to or arising from the Independent Presenter Agreement, such action must be brought within the later of one (1) year from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against Younique for such act or omission. Presenter waives all claims that any other statutes of limitations apply.
16. I authorize Younique to use my name, photograph, personal story, and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
17. I authorize Younique to publish my performance on leaderboards that publish the name and results for top performing Presenters. Such authorization includes publication of my personal retail sales, recruiting results, and various reflections of team (or circle) sales. I also authorize Younique to reference me and my approximate geographic location on Younique’s online Presenter Map. Note that Presenter may opt out of the Leaderboard and/or Presenter Map authorization by submitting written notice to Younique Support at www.youniqueproducts.com/business/support.
18. I understand that for Presenters domiciled in an international market that is currently served on a “not for resale” basis, the Independent Presenter Agreement shall be materially changed or replaced if/when such market is opened for resale or if/when Younique’s status is legally changed in relation to such market.
19. By agreeing to these terms, non-U.S. Presenters confirm that all services performed under this Presenter Agreement are performed outside the U.S. or agree to notify Younique by contacting firstname.lastname@example.org.
20. A faxed or emailed copy of the Independent Presenter Agreement shall be treated as an original in all respects.
SECTION 1 – CORPORATE MISSION STATEMENT
Our mission is to uplift, empower, validate, and ultimately build self-esteem in women around the world through high-quality products that encourage both inner and outer beauty and spiritual enlightenment; while also providing opportunities for personal growth and financial reward.
SECTION 2 – INTRODUCTION
2.1 – What’s in the Independent Presenter Agreement? The Independent Presenter Agreement includes:
a) The Presenter Application;
b) The Presenter Terms and Conditions;
c) The Policies and Procedures; and d) The Royalty Plan.
e) The Direct Selling Code
When Younique refers to the Independent Presenter Agreement, it refers to all components as described above. It is your responsibility to read, understand, and adhere to the most recent version of the Independent Presenter Agreement. Likewise, when you sponsor a new Presenter, it is your responsibility to ensure they have read and understand the Independent Presenter Agreement that they are signing, particularly these Policies and Procedures and the Royalty Plan, before they sign.
2.2 – Why Do We Need These Policies?
The Policies and Procedures are designed to define the relationship that exists between you (as a Presenter), other Presenters, and Younique. The Policies and Procedures articulate a standard for acceptable business conduct.
By signing the Application, you are required to comply with all of its terms and conditions, the Presenter Terms and Conditions, the Royalty Plan and the Policies and Procedures, and with all federal, state, and local laws governing your Younique business and conduct. If you have any questions regarding any policy or rule, do not hesitate to ask your Sponsor or contact Younique Support at www.youniqueproducts.com/business/support
2.3 – How Are Policy Changes Handled?
Younique reserves the right to update or change the Independent Presenter Agreement, including the Policies and Procedures, at its sole and absolute discretion. However, if we make changes or revisions, you will be notified through your Back Office.
By electronically accepting the Independent Presenter Agreement, continuing as a Presenter, or by accepting future Bonuses or Commissions, you signal your acceptance of any changes that are made to the Independent Presenter Agreement. Amendments shall be effective thirty (30) days after notice that the Independent Presenter Agreement has been modified. Amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment.
2.4 – Business Delays Beyond Younique’s Control
Younique is not responsible for business delays due to circumstances beyond its reasonable control, such as, among others, labor strikes, riots, war, fire, natural disasters, death.
2.5 – Handling Invalid or Unenforceable Policies
If any part of the Independent Presenter Agreement is held to be invalid or unenforceable, only that invalid or unenforceable portion may be removed, and the remainder of the Independent Presenter Agreement shall remain intact and in force.
2.6 – Younique’s Right to Enforce Compliance
Younique never gives up its right to insist on compliance with the Independent Presenter Agreement including the Policies and Procedures. Even if Younique chooses, for whatever reason, not to enforce compliance, this does not make any portion of the Independent Presenter Agreement, including the Policies and Procedures, invalid and it does not constitute a waiver of Younique’s right to enforce compliance with any term of the Independent Presenter Agreement. A waiver by Younique is only valid if delivered in writing by an authorized representative of Younique and applies only to the specific occurrence mentioned in the written waiver. This written waiver does not limit or impair Younique’s right to insist on future compliance with the Presenter requesting a waiver, nor does it affect or impact in any way the compliance required of other Presenters, even in similar cases.
SECTION 3 – BECOMING A PRESENTER
3.1 – Requirements to Become a Presenter
To become a Presenter you must:
a) Be 18 or more
b) Reside in a country or territory to which Younique is formally permitting Presenter enrollment per Section 6.2.6 below;
c) Have a valid tax identification number used for reporting taxes to the applicable government agencies; d) Purchase a Starter Kit which price is currently EUR 107;
e) Read and agree to abide by the Independent Presenter Agreement; and
f) Submit a properly completed Application.
New Presenters enroll online at the personal Younique website of a Sponsor. The applicant must complete the Application and personally agree to all Independent Presenter Agreement terms and related documents. When you sponsor a new Presenter, you must not fill out, sign, or accept the Application on behalf of the applicant. See Section 7.4 for more information on sponsoring. Younique reserves the right to reject any new Application.
3.1.1 – Country of Residence
You must be a legal resident of France and be legally authorized to work in France in order to enroll as a Presenter. If it is discovered that an individual has provided Younique with false residency information, identification, social security information during enrollment, the individual’s Younique account will be closed. Younique communication, in any form, whether from a Presenter or the corporate office, should not encourage individuals who are not legally authorized to work in their respective countries to complete the enrollment process.
3.1.2 – Starter Kits and Product Purchases
Except for the purchase of a Starter Kit which price is currently EUR 107, no person is required to purchase Younique products, services or sales aids, or to pay any charge or fee to become a Presenter. In order to familiarize new Presenters with Younique products, services, sales techniques, sales aids, and other matters, the Company requires that they purchase a Starter Kit. Younique will repurchase resalable Starter Kits from any Presenter who terminates his or her Independent Presenter Agreement pursuant to the terms of Section 9.4.
3.2 – Can a Business Enroll as a Presenter?
Certain types of corporations or businesses can apply to be a Presenter.
If a business enrolls as a Presenter online, a representative from such business must contact Younique compliance at email@example.com to obtain the required documentation and must execute all such required documentation within thirty (30) days of the online enrollment. The compliance department can help you with this process, which requires that the Presenter must first enroll with an individual presenter account and transfer their account to their business name and provide the business incorporation number.
A specific addendum to the Presenter Agreement so as, among others, to transfer all provisions of the Presenter Agreement to the company must be signed by the company. Failure to complete the execution of such addendum within thirty (30) days of the online enrolment will result in termination of the Independent Presenter Agreement.
If you joined Younique as an individual, but wish to change your status to a business entity, you may do so by following the steps outlined in Section 5.2.1.
3.3 – Identification.
During the application process, you must provide your incorporation number to Younique. Failure to provide such number will prevent you from perceiving any Commissions and may result in suspension or termination of your Independent Presenter Agreement.
Once your application is submitted and accepted, Younique will assign you a unique identification number, known as a Presenter ID Number. The Presenter ID Number will be used to place orders and track Commissions and Bonuses. This unique number should not be shared with others.
3.4 – Presenter Benefits
When your Application is accepted by Younique, you have the right to:
a) Sell Younique products;
b) Participate in the Royalty Plan;
c) Recruit and sponsor other Presenters (build your Downline);
d) Receive Younique literature and other communications;
e) Access Younique-sponsored support, training, motivational, and recognition functions;
f) Participate in Younique-sponsored promotional and incentive contests and programs; and
g) Receive access to the Back Office that facilitates and records your business interactions with Younique;
3.5 – Duration of Your Younique Business
When you join Younique, the Independent Presenter Agreement is valid for an indefinite period from the date it is accepted by Younique. It can be terminated at any time pursuant to the provisions of clause 12.
SECTION 4 – PRESENTER RELATIONSHIP WITH YOUNIQUE
4.1 – Independent Contractor Status
When you join Younique as a Presenter you are an independent contractor, and not an agent, employee, business partner nor a franchisee. As a result, you are solely responsible for paying all expenses incurred, among others the travel expenses, meal costs, hotel costs, secretariat costs, renting costs, long distance call and other expenses.
As an independant contractor, you are solely responsible for the payment of the applicable income taxes owed from any compensation earned. As an exception, for Presenter under the VDI status, Younique shall withhold, on your behalf, on your Commissions and Bonuses, the applicable social security contributions. You will be provided with a withholding slip issued each quarter mentioning the social contributions imposed on the Presenter and these contributions will be deducted from the Commissions.
This withholding slip shall be considered as an invoice for the Commissions of the Presenter who is solely responsible for the other charges, taxes, and contributions in relation to her activity.
The Presenter shall have no power to incur any debt or obligation on behalf of or in the name of Younique or to open any checking account on behalf of, for, or in the name of Younique.
The Presenter shall be free to organize her working time and, provided the contract is duly performed, the Presenter shall be free to define her own working methods. She shall use her own professional tools such as her own laptop, phone, and othert technologies that she will see fit to use.
The Presenter cannot benefit from the benefits for employees of Younique, which do not apply to Presenters.
As a Presenter, you may not rely on the Company, or any of its divisions, to provide legal, tax, financial or other professional advice. Any information provided by the Company, or any of its divisions, in company- sponsored training seminars or in support center e-mail responses or in any other context should be independently verified by your own legal, tax, financial or other professional.
In the event that the Presenter is or becomes VAT registered and is required to charge the Company VAT on payments due to her, or is required to issue a valid VAT invoice, the Presenter agrees to immediately send a notification to the Company.
The Presenter hereby authorizes the Company, pursuant to article 242 nonies of the General Tax Code to self-bill for such sums and the Presenter agrees that they will accept self-billed invoices issued by the Company during the term of this Agreement. The Company will therefore be entitled, under this Agreement, to issue invoices on behalf of the Presenter, entitled “invoice from the Company in the name and on behalf of the Presenter”. The Company will provide to the Presenter by email each invoice issued in her name and on her behalf.
The Presenter retains full responsibility for their legal and tax obligations under the original billing invoices issued by the Company in her name and on her behalf pursuant to this Agreement, including with respect to her VAT obligations. The Presenter shall inform the tax administration in writing, pursuant to article 242 nonies of the General Tax Code, stating the name and address of the Company. To this end, the Presenter shall file a statement with its tax department at the same time as she files her declaration of results or profits.
The Presenter may challenge the information contained in the invoices issued by the Company under this Agreement within 30 days from the date of issue of such invoices, and shall send a revised invoice to the Company.
4.2 – Non-Solicitation of Younique Employees
Presenters are expressly prohibited, without Younique’s prior written permission, from soliciting, hiring, offering employment or compensation of any kind, or otherwise using any services of any Younique employee outside of the scope of his/her employment during the term of said employment, or for a period of three (3) years after the employee leaves Younique.
4.3 – No Territory Restrictions
There are no exclusive territories granted to anyone for selling, recruiting, or marketing. The Presenters are therefore free to work on the whole Territory.
4.4 – Income Taxes
Presenters are solely responsible for paying all applicable taxes on any income generated as a Presenter.
4.5 – Timely Reporting of Errors
If you believe errors have been made regarding any monetary payment or obligation, Commissions, Bonuses, charges, or the placement of Presenters in your Downline organization, you must notify Younique in writing within sixty (60) days of when the purported error or incident occurred. Failure to provide notice within such sixty (60) day period shall constitute a waiver of all claims.
4.6 – Limitation of Liability
By signing the Independent Presenter Agreement, you agree to release, discharge, and hold harmless Younique and anyone directly affiliated with Younique (employees, board of directors, officers, etc.) from any losses or damages, including costs and fees, incurred or suffered by you as a result of:
a) Your breach of the Independent Presenter Agreement (including the Policies and Procedures);
b) The improper promotion or operation of your Younique business and any related activities (e.g., the presentation of Younique’s products or Royalty Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.);
c) Any incorrect data or information provided by a Presenter to Younique; or
d) Your failure to provide any information or data necessary for Younique to operate its business.
4.7 – Requests for Records
Presenter requests for copies of invoices, applications, Downline Reports, or other records will require a fee of EUR 1 per page per copy.
4.8 – Roll-Up of Downline organization
When a vacancy occurs in a Downline organization due to the termination of a Presenter, everyone shifts up one level; so the First Level of the terminated Presenter now becomes the First Level of the terminated Presenter’s Sponsor. For example, if A sponsors B, and B sponsors C1, C2, and C3, if B terminates her business, C1, C2, and C3 will “roll-up” to A and become part of A’s first level.
4.9 – Sale, Transfer, or Assignment of a Younique Business
Although your Younique business is privately owned and independently operated, the sale, transfer, or assignment of it is subject to certain limitations. If you wish to sell your Younique business, you must receive written authorization from the Company. In order to sell, transfer, or assign a Younique business, the following criteria must be met:
a) Protection of the existing Line of sponsorship must always be maintained so that the Younique business continues to be operated in that Line of sponsorship.
b) The buyer or transferee must be (or must become) a Presenter. If the buyer is a current Presenter, he or she must terminate his or her Younique business simultaneously with the purchase, transfer, assignment, or acquisition of any interest in the new Younique business.
c) Before the sale, transfer, or assignment can be finalized and approved by Younique, any debt obligations the selling Presenter has with Younique must be satisfied.
d) The selling Presenter must be in good standing and not in violation of any of the terms of the Agreement in order to be eligible to sell, transfer, or assign a Younique business.
e) Both the selling Presenter and the purchasing Presenter must contact Younique Support online at www.youniqueproducts.com/business/support and execute all forms required by Younique. Account transfers are processed once each month, and all materials must be received by the fifth (5th) of the month in order to transfer the account that month. Materials received after the fifth (5th) will be processed the subsequent month. Payments will remain in the name of the Presenter until the transfer is processed.
Prior to selling your Younique business, you must notify Younique Support of your intent to sell. Upon complete execution of the purchase and sale agreement, you must submit a copy of such agreement to Younique for review. Younique reserves the right to request additional documentation that may be necessary to analyze the transaction between the buyer and seller. Younique will, at its sole and absolute discretion, approve or deny the sale, transfer, or assignment within thirty (30) days of its receipt of all necessary documents from the parties. If you fail to obtain Younique’s approval for the transaction, the transfer shall be voidable at Younique’s option.
The purchaser of the existing Younique business will assume the obligations and position of the selling Presenter. Additionally, if you sell your Younique business, you will not be eligible to re-apply as a Younique Presenter for at least six (6) full months, or one (1) year if such selling Presenter’s previous rank was Green Elite or higher.
4.10 – Separation of a Younique Business due to Divorce or Business Break-Up
When a Younique business is jointly owned and operated by a husband-wife partnership, or across a business entity, they agree to handle their possible separation in a way that does not adversely affect the interests and income of other businesses up or down the Line of Sponsorship. If Younique determines that the separating parties fail to provide for the best interests of other Presenters and the Company, Younique will terminate the Independent Presenter Agreement pursuant to the provisions of clause 12.5.
Under no circumstances will the Downline organization of divorcing spouses or a dissolving business entity be divided. Similarly, under no circumstances will Younique split Commission and Bonus checks between divorcing spouses or members of dissolving entities. Younique will recognize only one Downline organization and will issue only one Commission check per Younique business per Commission cycle.
Once a spouse or former business affiliate has completely given up their rights in their original Younique business, they are free to enroll under any Sponsor of their choosing and develop their new business the same as any other new Presenter. In such a case, the former spouse or business affiliate shall have no rights to any Presenters in their former Downline organization.
4.11 – Succession Due to Death or Incapacitation
In the event of your death or incapacitation, your Younique business may be passed to your heirs according to the applicable legal rules. For this to occur, the necessary legal documentation must be submitted to www.youniqueproducts.com/business/support.
If you transfer your Younique business in this manner, your beneficiary acquires the right to collect all Bonuses and Commissions from your Downline organization, provided certain qualifications are met. The successor(s) must:
a) Execute a new Independent Presenter Agreement;
b) Comply with terms and provisions of the Independent Presenter Agreement; and c) Meet all of the qualifications for the deceased Presenter’s rank.
Bonuses and Commissions of a Younique 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 an appropriate tax identification number. Younique will issue all Bonus and Commission checks and applicable forms to the business entity.
4.11.1 – Transfer Upon Death of a Presenter
In addition to the requirements in Section 4.11, to affect a testamentary transfer of a Younique business, the successor must provide the following to Younique:
a) An original death certificate;
a) A notarial deed certifying that the successor is entitled to the succession
c) Written instructions from the notary in charge of the sucession specifying to whom the business and income should be transferred.
4.11.2 – Transfer Upon Incapacity of a Presenter
In addition to the requirements in Section 4.11, to effect a transfer of a Younique business because of incapacity, the successor must provide the following to Younique:
a) Offical documents certifying the incapacity of the Presenter; and
b) Official documents establishing that an administrator has been appointed.
4.12 – Adjustments to Bonus and Commission Payments
4.12.1 – Adjustments for Returned Products
Presenters receive Bonuses and Commissions based on the actual sales of products to end consumers. When a product is returned to Younique for a refund during the withdrawal period, the Bonuses and Commissions attributable to the returned or repurchased product will be deducted from both payments to the Presenter and to their Upline who received Bonuses and Commissions on the sale of the refunded product, in the month in which the refund is given, and continuing every pay period thereafter until the Bonuses and Commissions are recovered. In addition, the Bonuses and Commissions attributable to the refunded product may be deducted from any refunds or credits issued to the Presenter who received the Bonuses and Commissions on the sales of the refunded product or cancelled service.
4.12.2 – Hard Copy Bonus and Commission Checks
Bonuses and Commissions are paid via direct deposit into Presenters’ bank accounts.
4.13 Presenter Grants Younique Permission to Publish Certain Information Online
Each Presenter grants Younique permission to publish such Presenter’s performance on online Leaderboards. Such permission includes publication of your personal retail sales, recruiting results, and various reflections of your team (including circle) sales.
Each Presenter also authorizes Younique to reference such Presenter by name, photograph, and other information including approximate geographic location, on Younique’s Presenter Map.
Note that you may opt out of this Leaderboard authorization and/or Presenter Map authorization by submitting written notice to Younique Support at www.youniqueproducts.com/business/support.
SECTION 5 – RESPONSIBILITIES OF PRESENTERS
5.1 – Change of Address or Telephone
To avoid any disruption in your business, please notify Younique at least two (2) weeks prior to your change of address and/or telephone number. You can easily make these changes on the profile page within your Back Office. If you require assistance, please contact Younique Support at www.youniqueproducts.com/business/support. You also must submit a change of address form or similar notification to your applicable postal service.
5.1.1. – Changing Your Residency to another Country
If you move from your initial enrollment country to another country in which Younique operates, you are bound by policies and procedures specific to the new country and you must have a valid tax identification number (or similar) for your new country.
To complete a change of country submission, please contact www.youniqueproducts.com/business/support to complete the required process and documentation.
Change of country submissions will be processed in January of each year, at which point your new enrollment agreement will be processed and activated. Change of country submission forms must be received by November 1 of the prior year for your new enrollment agreement to be activated in January. Under this option, you will maintain your current Downline.
5.2 – Changes to Your Younique Business
If there are changes to information in your Independent Presenter Agreement, or profile, it is your responsibility to update the information on your Back Office or to notify Younique of the changes.
5.2.1 – Changing From an Individual to Business Entity
You may modify your existing Independent Presenter Agreement (e.g. change the form of ownership from an individual proprietorship to a business entity owned by the Presenter, including related tax identification number changes) by submitting a written request to www.youniqueproducts.com/business/support, and thereafter completing all business entity registration forms and related documentation (including a new Independent Presenter Agreement in the name of the entity) provided by Younique Support.
Changes from an individual to business entity shall be processed only once per year. All changes must be submitted to Younique Support by November 30 to become effective on January 1 of the following year. Also see Section 3.2, which will apply to any registered business entity.
5.3 – Leadership and Continuing Development Obligations
When you sponsor another Presenter to enroll with Younique, you must take a proactive role in providing assistance and training to such Presenters. This includes ensuring that those in your Downline are aware of Younique Policies and Procedures and comply with the Independent Presenter Agreement, including these Policies and Procedures. You must have regular, ongoing contact with Presenters in your First Level and Downline to facilitate this process. Examples of such contact and communication may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, and the accompaniment of Presenters you sponsored to Younique meetings, team meetings, and other functions.
Further, if you become aware, either through your interactions with your sponsored Presenters , through someone else communicating with you, or from Younique, that a Presenter in your Downline is violating Policies and Procedures either willfully or due to ignorance, you shall make every effort to educate, inform, and bring them back into compliance.
The training that you offer to your Downline must include only Presenters who are currently in your Sponsor team. This means you are required to request from any and all attendees who come to your training event to verify to you that they are either a part of your sponsor team or have not already met with another presenter who is not currently in your team. If the attendee came to the meeting at the request of your team member (but is not yet a member) feel free to assist in their training and hopeful admittances into your organization. If someone from another team comes to your training event, you are required to ask them to seek training from their Sponsor Upline. If they do not know who that is, the Company would be happy to assist them and identify that person for them.
As you progress through various levels of leadership and become more skilled and experienced in sales techniques, product knowledge, and your understanding of Younique, you may be called upon to share this knowledge with newer Presenters. You may not charge other Presenters for training or require the purchase of any sales tools or materials or require attendance at meetings. If you elect to rent a meeting room to conduct a training seminar, you may charge a reasonable attendance fee to cover the expenses associated with renting a meeting room, modest refreshments, and other hard-costs directly associated with the event. Any sponsored training events must not be operated on a for-profit basis. You may not charge a for-profit fee for any general material, newsletters, services, training seminars or materials about Younique, its business opportunity, its products or marketing materials, services or training.
You commit not to use any recruitment method which could be deemed unfair, deceptive or misleading.
If, in the opinion of Younique, you are failing to train, recognize, inform and/or motivate any of your First Level Presenters, or you fail to comply with any applicable policy, then Younique may, at its sole discretion, opt to remove your Downline, reduce the leadership Bonus, and/or cancel your Independent Presenter Agreement.
5.4 – Document Training of Your First Level
Upon request, you must be able to provide documented evidence to Younique of your ongoing fulfillment of the responsibilities of a Sponsor as outlined in Section 5.3.
Failure to do so may result in sanctions.
5.5 – Providing Documentation to Applicants
When you sponsor a new Presenter, you must ensure they have access to and have reviewed the latest version of the Policies and Procedures and Royalty Plan before the new Presenter completes the Application. The current versions of these documents are always available for review through your Back Office. In addition, you may request copies of the Royalty Plan and Policies and Procedures from Younique Support.
5.6 – Reporting Policy Violations
If you witness or observe a policy violation by another Presenter, you are obligated to report the violation to firstname.lastname@example.org. Please provide sufficient detail (situation, violation, dates, location, persons involved, screen shots or other evidences of the violation if available, etc.) to allow Younique to act. Younique will make every effort to ensure that your identity, and information you share that may reveal your identity, remains confidential. Please note, you may not be notified of the status of any reported violation.
5.7 – Adherence to Laws and Ordinances
5.7.1 – Compliance with All Applicable Laws
Presenters shall comply with all applicable laws and regulations in the conduct of their Younique businesses. Presenters must obtain all required licenses to run their business, and are responsible for any related fees.
5.7.2 – Receipts and Right to Cancel Transactions
When making a sale of a Younique product to a customer other than through your Personal Website, you must provide the customer with a precontractual information document, and an order confirmation, informing the customer of the fourteen (14) day right of cancellation which shall begin from the delivery of the products.
This period shall be extended to the next business day if it expires on a Sathurday, Sunday or a public holiday or a day which is not worked.
Note that except for sales completed during Home-parties, the Presenter cannot take any payment before the end of a 7 day period from the execution of the contract, pursuant to article L.121-18-2 of the consumption code.
The Presenter undertakes to act with integrity, loyalty and honesty towards the consumer and exert no pressure to sell Products.
The Presenter shall retain, for each sale completed, the precontractual information document, and the sale order, both signed by the consumer.
SECTION 6 – MARKETING YOUR YOUNIQUE BUSINESS
6.1 – Adherence to the Younique Marketing Plan
As a Presenter, you are obligated to market and promote your Younique business only as set forth in official Younique literature and in a manner consistent with the Policies and Procedures. You may not offer the Younique opportunity through, or in conjunction with, any other system, program, or offering. Nor shall you require or encourage other current or prospective Presenters to execute any agreements or contracts other than official Younique agreements and contracts in order to become a Presenter. Similarly, you agree that you shall not require or encourage other current or prospective Presenters to make any purchase from, or make payment to, any individual or other entity in order to participate in the Younique opportunity other than those purchases or payments identified as recommended or required in official Younique literature.
During the course of the Contract, tou are not permitted to offer for sale any items that are similar to any Younique product, such as any competing, copycat or counterfeit products.
6.2 – General (applying to both online and offline marketing and promotion)
It is your responsibility to safeguard and promote the good reputation of the Younique brand; to ensure that your marketing efforts contribute to the public interest; and to avoid discourteous, deceptive, misleading, unethical, or immoral conduct or practices.
6.2.1 – Trademarks and Copyrights
You may not use Younique trade names, trademarks, copyrighted material, designs registered or not, images, or symbols without its prior written permission.
Video or audio recordings of company events, training, and/or speeches are also copyrighted and may not be utilized or distributed, freely or against payment, by Presenters without Younique’s prior written permission.
The name Younique (and other names or logos as may be adopted by Younique) is a trademark of Younique, is of great value to the Company, and is supplied to you for your use only in an expressly authorized manner. Use of the Younique name or any other name or logo adopted by Younique in any way not authorized by the Company in these Policies and Procedures or without specific written permission from the company is prohibited.
As a Presenter, you may use the Younique name in the following manner: [Presenter’s Name], Independent Younique Presenter
Example: Alice Smith, Independent Younique Presenter
Except as specifically set forth in Section 188.8.131.52 below, you are not allowed to use the name Younique (or any other names or trademarks adopted by Younique) in any form in your team name, a tagline, a Registered External Website name, your Personal Website address or extension, a website domain name, in an email address, as a personal name, or as a nickname. For example, you may NOT secure a domain name such as www.buyYounique.com ; NOR an email address such as Youniquessales@gmail.com.
Additionally, if you use the Younique name in a voicemail greeting, you must specify that you are a “Younique Independent Presenter” to clearly distinguish yourself from Younique or any other registered business name of the Company. You are also not permitted to answer your phone by improperly using the Company’s name (e.g. you may not answer “Thank you for calling Younique, Susan speaking.”)
There are numerous words, images, phrases, taglines, and/or ideas developed by or coined within the Younique community and used by Presenters to present and promote Younique, their Younique business, or their Younique team. No Presenter can claim the exclusive right to use such words, images, phrases, taglines, or ideas that are in the Younique community domain for use by all Presenters. Therefore, you are not allowed to claim ownership of any such words, images, phrases, taglines, names, or phrases, and agree that you will not seek to register, alone or in combinaison with others termes, any such words, images, phrases, taglines, names, or phrases as a trademark, or domain name. In the event that you do, you agree to assign to Younique any such trademark application or registration, or domain registration. In addition, Younique may elect to take action against you as provided in Section 11. By entering into the Independent Presenter Agreement, You hereby undertakes to assign any right that you may have to or in any such intellectual property to Younique under fair, reasonable and no-discriminatory conditions and you further agree that Younique may, at its discretion, seek to register any such words, images, phrases, taglines, names, or phrases as trademarks, copyrights, or domain names, as the case may be..
If you would like to post or share an image that displays one of the Younique Marks, you must first obtain written permission from the Company prior to posting. This is accomplished by sending a copy of your image to email@example.com. To help speed up the approval process, we encourage you to review the Younique Style Guide before submitting your image.
If you would like to post a picture that does not include a Younique Mark, you are welcome to post it withoutapproval. Suchimageswouldincludeselfies,beforeandafterphotos,makeovertransformations, etc.
6.2.2 – Submission of Business or Other Ideas to Younique
By accepting these Policies and Procedures, you acknowledge and agree that Younique has and will have many products and projects in various stages of development and that the result may be similar or identical to your own ideas for products or projects. You agree and acknowledge that Younique does not pay for your ideas.
You also agree that if you submit any Submissions, you undertake to assign to Younique all of your rights in and to them without compensation or payment of any kind. Unless otherwise specified in writing, this Submissions policy also applies to submissions made as part of any and all Younique contests, promotions, or incentives. All Submissions and all contest, promotion, or incentive submissions shall be the property of Younique. Younique shall not be obligated to keep them confidential and may use or disclose them for any purpose without further permission from you and without any payment to you.
If you have a product, business, creative idea, or creative artwork that you want to sell to Younique as an outside provider, DO NOT SUBMIT that idea or artwork to Younique without first obtaining a written non- disclosure agreement from the Younique legal department.
If you have a business idea that is related to the business and offerings provided by Younique, you have a choice of four options:
a) Voluntarily sever your Independent Presenter Agreement to pursue the opportunity;
b) Submit the idea to Younique for consideration, development, and sourcing at Younique’s sole discretion;
c) Give or sell the idea to someone outside your Household to develop and promote the opportunity; or
d) Become a provider to Younique, again at Younique’s sole discretion (please note that if Younique pursues a non-copyrighted, non-patented, non-trademarked idea, there is no guarantee that you will be selected as a provider. You will be included in Younique’s standard procurement vendor selection process).
6.2.3 – Advertising Templates and Approval
You may only advertise or promote your Younique business using approved tools, templates, or images acquired through Younique. No approval is necessary to use these approved tools, templates or images.
If you wish to design your own online or offline marketing materials of any kind, your designs must be submitted to the Younique marketing department (firstname.lastname@example.org) for consideration and inclusion in the template/image library. Unless you receive specific written approval from Younique to use such self-developed tools within 30 days from the request, the request shall be deemed denied.
6.2.4 – Altering Packaging, Labels, and Products Prohibited; Adding Personalized Stickers
You may only sell Younique products in their original packaging and may not repackage, re-label, or alter Younique products nor the labels on Younique products you sell. Tampering with labels/packaging could be a trademark infringement as provided by Article L.713-2 of the French Intellectual Property Code and/or a violation of applicable laws and in particular of Articles L.213-1 et suivants of the Consumer Code and may result in civil and criminal liability in some circumstances. Altering a Younique product in ways other than specified in Younique instructions voids all product warranties, and Younique is no longer liable for any damages that result from altered or improperly used products.
Younique does allow you to affix a personalized sticker with your personal/contact information to each product or product container, as long as you do so without removing or obscuring the existing product labels.
6.2.5 – Don’t Make False or Exaggerated Product Claims
Presenters may not make claims (including personal testimonials) about the therapeutic or curative properties of any products offered by Younique, except those contained in official Younique literature (if any).
Not only would these claims violate Younique Policies, they would likely violate French applicable lawsand in particular Articles L.121-1 and subsequents of Consumer Code.
6.2.6 – International Enrollment and Sales
You are only allowed to offer the Younique business opportunity within the countries, states, provinces or territories to which Younique is formally permitting Presenter enrollment. You are only allowed to sell Younique products within the countries, states, provinces or territories to which Younique is formally shipping products. You may not accept pre-orders or payment within any country or territory to which Younique is not formally permitting Presenter enrollment or shipping product.
Some of the countries or territories to which Younique is formally permitting Presenter enrollment are on a “Not For Resale” basis only. A Presenter or customer in these jurisdictions may purchase Younique products for personal consumption only, are limited to the amount of product that can be imported and may not resell the products. Therefore, a customer located in a “Nor For Resale” country may only place orders through the Younique website and products must be shipped from the company warehouse directly to the customer. These Policies and Procedures and/or the Independent Presenter Agreement are subject to material change or replacement in each such market if/when Younique’s legal status is changed in any such market.
6.2.7 – Media and Media Inquiries
If a member of the press or media contacts you about Younique or your Younique business, you must contact Younique at email@example.com before you respond or disclose any information.
If Younique requests that you not respond to said press or media inquiry, or requests that you refer the press or media contact to the Company to respond, you agree that you will comply with such requests. Failure to comply with such a request by Younique may result in immediate termination of your account.
If you wish to proactively contact the media, distribute any form of press release, or appear on any television, radio or other media outlet to disclose or share information about Younique, its products, or the opportunity, you must first seek written approval from Younique at firstname.lastname@example.org.
6.2.8 – Presenter Release
By entering into the Independent Presenter Agreement, you authorize Younique to use your name, photographs, testimonials, and/or likeness in Younique advertising or promotional materials in France during the duration of your Independent Presenter Agreement with no payment or other form of compensation.
Additionally, in the same conditions, you consent to and authorize the use and reproduction of any and all photographs or videos taken by or supplied to Younique, and further consent to the use and reproduction of any quotes, testimonials, stories, conversations on social networking media for any print or electronic publicity, marketing, or promotional purposes without payment or other form of compensation.
6.3 – Non-Internet Advertising, Marketing, and Promotion
6.3.1 – Print Advertisements, Personal Promotional Materials, and Sales Tools
Print advertising, personal promotional materials, and sales tools must utilize Younique-approved templates/images (see Section 6.2.4) or be acquired from Younique. If you wish to design your own ad or marketing materials of any kind, your designs must be submitted to the Younique advertising department (email@example.com) for consideration and inclusion in the template/image library subject to your prior and written authorization. Unless you receive specific written approval from Younique to use such self-developed tools, within 30 days upon your request, the request shall be deemed denied.
Please go to the Back Office for guidelines and to access approved material. If you wish to distribute Younique-approved personal promotional materials (flyers, brochures, etc.) at a business, public, or government facility (schools, libraries, etc.), you must first obtain permission from the business owner or senior-ranking office manager or administrator.
6.3.2 – Signage
To avoid giving the appearance of a permanent retail establishment, yard signs and/or other signage must not be displayed on a stationary object, or permanently installed outside, or affixed to the windows of a Presenter’s personal residence or other residence. Temporary signage or signage affixed to a mobile object may be displayed in conjunction with a home party, open house, or other approved Younique event. The determination of whether an object is mobile or stationary shall be solely at Younique’s discretion.
6.3.3 – Telemarketing
You are not permitted to utilize telemarketing or to make “cold calls” to market Younique products or the Younique business opportunity. Nor may you use automatic telephone dialing systems or software relative to the operation of your Younique business. Presenters agree that they shall not place or initiate any outbound telephone call to any person that delivers any pre-recorded message (a “robocall”) regarding or relating to the Younique products or opportunity. You expressly commit to respect the status of opposition to cold calls” set forth by Articles L.121-34 and subsequents and by the related regulatory provisions of the Consumer Code.
6.4 – Online Advertising, Marketing, and Promotion
It is your obligation to ensure your online marketing activities are truthful, are not deceptive, and do not mislead customers or potential Presenters in any way. Websites and web promotion activities and tactics that mislead or are deceptive, regardless of intent, will not be allowed.
You may not “tag” yourself in online programs (such as, but not limited to, Google Maps®) as the Company location.
Determination of truthfulness, and whether specific activities are misleading or deceptive, is based solely on Younique’s reasonable judgment.
6.4.1 – Domain Names, Email Addresses, and Online Aliases
You are not allowed to use or register Younique or any of Younique’s trademarks, product names, or any derivatives, for any internet domain name, email address, or online aliases. Additionally, you cannot use or register domain names, email addresses, and/or online aliases that could cause confusion, or be misleading or deceptive, in that they cause individuals to believe or assume the communication is from, or is the property of Younique.
Examples of such IMPROPER use of the Younique include without limitation:
setting your email account so the name “Younique” appears as the sender of an email.
184.108.40.206 – Allowed Domain Name Exception
An exception to having the word “Younique” in a domain name or email address is given in the case of www.YouniqueBy[PresenterName].com or www.Youniquely[PresenterName].com where the Presenter’s first name or first and last name is inserted. Presenter named Jane Smith:
www.YouniqueByJane.com www.YouniqueByJaneSmith.com www.YouniquelyJane.com www.YouniquelyJaneSmith.com
220.127.116.11 – Younique Hotlinks
For example, the following would be permitted for a
When directing readers to your Registered External Website or Personal Website, it must be evident from a combination of the link, and the surrounding context, to a reasonable reader that the link directs to the site of an “Younique Independent Presenter.” Attempts to mislead web traffic into believing they are going to a Younique corporate site, when in fact they land at a Presenter Personal Website or Registered External Website, will not be allowed. The determination as to what is misleading or what constitutes a reasonable reader will be at Younique’s sole discretion. Redirecting a reader from a Registered External Website or Personal Website to any other website other than the Presenter’s Personal Website is prohibited by Younique policy.
18.104.22.168 – Spam Linking
Spam linking is prohibited. Spam linking is defined as multiple consecutive submissions of the same or similar content into blogs, wikis, guest books, websites, or other publically accessible online discussion boards or forums. This includes blog spamming, blog comment spamming, and/or “spamdexing.” Any comments relating to Younique that you make on blogs, forums, guest books, etc., must be unique, informative, and relevant.
6.4.3 – Internet Advertising / Awareness Generation
A Younique sale should be a personal sale. To that end, the following rules govern use of various sales and marketing channels.
22.214.171.124 – Online Classifieds
You may use online classifieds for prospecting, recruiting, sponsoring, and informing the public about the Younique business opportunity and/or your Younique events, provided you do so in a way that complies with policies regarding Younique-approved templates/images—including that you identify yourself as a “Younique Independent Presenter.”
Online Classified sites should generally be used as a recruiting tool to discuss the business opportunity. Weencourageyoutousephrasessuchas,“JoinmyYouniqueteam”or“Howwouldyoulike to sell the Younique 3D Fiber Lashes?” followed by “Contact me for more information.” You may NOT use online classifieds (including, without limitation, buy-sell-trade sites, news site classifieds, etc.) to offer on sale, list, sell, or retail specific Younique products or product bundles. However, once a potential recruit/hostess reaches out to you, you are welcome to inform them of Younique products. This policy extends to Buy/Sell/Trade sites, news site classifieds, etc.
You are welcome to post about Younique products within a Facebook® group that you personally created, or on a Facebook® group page or other Online Classified site promoting work from home/direct sales opportunities, cosmetics, etc., as long as you continue to adhere to all other Younique policies.
Younique presently allows an exception for Facebook® groups that are directly created by a Presenter. It is permitted to have a Facebook® group of your own, and use that as a platform to send customers/recruits to your Younique parties.
It is also permitted to respond to postings in a buy-sell group where a potential customer posts a comment about Younique products.
126.96.36.199 – eBay® / Online Auctions
You may not list or sell Younique products or the Younique business opportunity on eBay® or other online auctions, nor may you enlist or knowingly allow a third party (customer) to sell Younique products or the Younique business opportunity on eBay® or other online auctions.
188.8.131.52 – Online Retailing
You may not list or sell Younique products on any online retail store or e-commerce site (including an e- commerce site you create, or any online retail platforms such as Amazon®, AliBaba®, eBay Stores®, Le Bon Coin® etc.), nor may you enlist or knowingly allow a third party (customer) to sell Younique products on any online retail store or e-commerce site.
184.108.40.206 – Banner Advertising
You may place banner advertisements on a website provided you use Younique-approved templates and images. All banner advertisements must link to your Personal Website or a Registered External Website. The banner ad must identify the advertiser (you) as an “Independent Younique Presenter.”
You may not use blind ads or web pages that make product or income claims that are ultimately associated with Younique products or the Younique business opportunity.
220.127.116.11 – Unsolicited Email and Faxes / Mass Emailing
In application of Article L.34-5 of the French Code of the Posts and Telecommunications, you are not allowed to transmit mass or unsolicited faxes or emails to promote Younique, its products, or the Younique business opportunity to people you do not know, or who have not given you permission to contact them regarding Younique. People who are “opt in” subscribers, who have initiated a request to be included in bulk emailing, newsletter, or other standardized communications from you, are allowed. However, you must ensure at all times that all of your business practices comply with France’s anti-spam legislation (Article L.34-5 of the French Code of the Posts and Telecommunications and the Act n°78-17 dated 6 January 1978). The use of deceptive subject lines and/or false header information or any other fraudulent tactics is prohibited. The making of unauthorized, false or exaggerated claims are also prohibited, as more fully described in Section 6.2.5.
If you do send emails or faxes promoting Younique products or the Younique business opportunity to people with whom you have a previous relationship or who have authorized you to send them emails or faxes, the emails or faxes that you send must:
- a) Have a functioning and non-deceptive return email address or fax number to you;
- b) Contain a notice that advises the recipient that he or she may reply to the email or fax, via the functioning return email address or number, to request that future email or fax solicitations orcorrespondence not be sent to him or her (a functioning and free-of-charge “opt-out” notice);
- c) Include your physical mailing address;
- d) Clearly and conspicuously disclose that the message is an advertisement or solicitation; and
- e) Not make use of deceptive subject lines and/or false header information.
If you send such emails or faxes, you must honor all opt-out requests, whether received by email or regular mail.
18.104.22.168 – Social Networking Sites (Facebook® /LinkedIn®/Google+®/Etc.)
You may use social networking sites (e.g., Facebook®, MySpace®, LinkedIn®, Twitter®, Pinterest®, YouTube®, blogs, forums, and other social shared interest sites) to share information about the Younique business opportunity and for prospecting and sponsoring. However, these sites may not be used to sell or offer to sell specific Younique products where the transaction takes place on that platform. The only online environment in which sales of Younique product may be made is through your Personal Website. Your use of social networking sites and social media must comply with the following guidelines:
1. You may not use the term “Younique” or any of Younique’s trademarks, product names, or any derivatives thereof as your user name, profile, handle or address for any social networking or social media site except as provided in Section 22.214.171.124 above (e.g., @youniquelyjane would be a permitted Twitter® account name).
2. These sites may not be used for e-commerce through the social media platform. All sales and enrollment transactions must take place through Home-Parties or exceptionally, your Personal Website.
3. Profiles you generate in any social platform where you mention or discuss Younique must clearly identify you as an “Independent Younique Presenter.”
4. Your participation on any social media platform must avoid inappropriate conversations, comments, images, video, audio, applications, or any other adult, profane, discriminatory, or vulgar content. Do not post any comments, photos, or videos that are rude or offensive to another Presenter or customer. The determination of what is inappropriate is at Younique’s sole discretion, and offending Presenters will be subject to sanctions and/or termination.
5. Unprofessional or disrespectful online conduct toward Younique competitors is strictly prohibited. You may not disparage or discredit any Younique competitor, their customers, or their products on a social media platform such as Facebook® or Twitter.
6. Banner ads and images used on these sites must be current and must come from the Younique approved library.
7. If a link is provided, it must link to your Personal Website or a Registered External Website. The determination of what is inappropriate is at Younique’s sole discretion, and offending Presenters will be subject to sanctions and/or termination.
9. During the term of this Independent Presenter Agreement and for a period of twelve (12) calendar months following its term or termination for whatever reason, you may not use any social media site on which you have discussed or promoted Younique products or the Younique business opportunity to directly or indirectly solicit Younique Presenters for another direct selling or network marketing program. Nor may you take any action that may reasonably be foreseen to result in drawing an inquiry from other Presenters relating to any other direct selling business that you may be involved in as a seller, consultant or distributor.
10. You may post or “pin” photographs of Younique products on a social media site as long as the photos are received from Younique via your Personal Website or are photos that you have taken and they comply with Section 126.96.36.199 below.
11. If you create a business profile page on any social media site that promotes or relates to Younique products or the Younique business opportunity, the business profile page must relate exclusively to your Younique business and Younique products. If your Independent Presenter Agreement is terminated for any reason or if you become inactive, you must deactivate the business profile page within 30 days upon termination of your Agreement.
188.8.131.52 – Digital Media Submission (YouTube®, iTunes®, PhotoBucket®, Instagram®, etc.)
You may upload, submit, or publish any Younique-related video, audio, or photo content that you develop and create as long as it aligns with Younique values, contributes to the Younique community greater good, and is in compliance with the Policies and Procedures (including with respect to use of Younique images/trademarks/etc.).
These submissions must clearly identify you as an “Independent Younique Presenter” (either in the content itself and/or in the content description tag), must comply with all copyright/legal requirements, and must state that you are the sole editor and thus solely responsible for this content and not the Company.
You may not upload, submit, or publish any content (video, audio, presentations, or any computer files) received from the Company or captured at official Younique events or in buildings owned or operated by the Company without prior written permission from firstname.lastname@example.org. This would include any presentations by speakers or Younique corporate employees given in an auditorium or break- out meeting sessions at a Younique event.
184.108.40.206 – Sponsored Links / Pay-Per-Click (PPC) Ads
Sponsored links or pay-per-click ads (PPC) are acceptable, if the ad complies with the following guidelines:
The ad must identify you as an “Independent Younique Presenter”
- The destination URL must be to either your Personal Website or Registered External Website.
- The ad must not lead the user to assume they are being led to a Younique corporate site orbe inappropriate or misleading in any way.
6.4.4 – Presenter Personal Websites
Upon enrollment, all Presenters receive a personalized version of the Younique Presenter website. This website is referred to herein as the “Personal Website”. In addition, if a Presenter wishes to do so, a Presenter may develop and use a Registered External Website, subject to specific policies and requirements as set forth below.
You are not allowed to monetize your Personal Website or Registered External Website through affiliate programs, Google AdSense, or similar programs.
220.127.116.11 – Personal Website and Registered External Website Domain Names
By default, your Personal Website URL is youniqueproducts.com/FirstnameLastname, but you may change this default ID. If you choose to change this default ID, or if you choose to operate a Registered External Website, the name that you choose cannot:
a) Use the word “Younique” in any form except as specifically permitted under Section 18.104.22.168 above;
b) Use any of the Younique product names in any form (i.e., Moodstruck, 3D, 3D Fiber Lash Mascara, etc.);
c) Be confused with other portions of the Younique corporate website;
d) Confuse a reasonable person into thinking they have landed on a Younique corporate page;
e) Be confused with any Younique team name;
f) Contain any discourteous, misleading, or off-color word that detracts from Younique’s image or brand; or
g) Identify or be confused with a geographical location, region, state name, or country.
State/province names, country names or abbreviations of these geographical names when used in isolation are not allowed (for example: youniqueproducts.com/France, youniqueproducts.com/Paris, etc.). However, if the geographical name is used with an identifier then it is allowable (for example: youniqueproducts.com/ParisJane).
URL extensions in use before an Elite registers her/his team name may remain, but extensions put into use after a team name is registered will be removed. Examples of inappropriate naming conventions are: /info; /official; /buy; /search; /products; /hometeam; /teamfabulous; /#&@%; /Youniquegal;/Youniqueking. If you have any questions about selecting a URL, contact compliance@YouniqueProducts.com.
22.214.171.124 – Younique Presenter Personal Websites (PWS)
When you register as a Presenter, you receive a Personal Website subscription to facilitate the online buying experience for your customers. A Personal Website is included in the cost of your Starter Kit (there is no additional or monthly fee for your Personal Website). You are solely responsible and liable for the content that you add to your Personal Website and must regularly review the content (at least once every thirty (30) days) to ensure it is accurate and relevant. You may not alter the branding of your Personal Website, and you may not use your Personal Website, including links to other websites, to promote, market, or sell non-Younique products, services, or business opportunities. Specifically, you may not alter the look (placement, sizing etc.) or functionality of the following:
a) The Younique Independent Presenter logo;
b) Your name;
c) The Younique corporate website redirect button;
d) Artwork, logos, or graphics; or
e) Original text.
Because your Personal Website resides on a Younique domain, Younique reserves the right to receive analytics and information regarding the usage of your Personal Website.
126.96.36.199 – Registered External Websites (Non-Personal Websites)
Subject to the requirements below, you are allowed one external website (not including a team website you may develop) that you may use to personalize your Younique business and promote the Younique opportunity. However, before launching any such website, you must submit a beta site to Younique for review, and receive Younique’s written approval before the site can go live. Once a website is approved by Younique in writing, it is a “Registered External Website”. Any changes to the website must be submitted to Younique, and you must receive Younique’s written authorization to make the change before going live with the change. Younique reserves the right to access the Personal Websites and to request any change necessary to ensure the compliance of the Personal Website to the Presenter Agreement.
If you wish to develop a Registered External Website, you must do the following: a) Set up a Personal Website;
b) Submit a beta version of your Registered External Website with Younique by contacting www.youniqueproducts.com/business/support;
c) Adhere to the branding and image usage policies described in these Policies and Procedures; d) Agree to modify your website to comply with current or future Younique policies; and
e) Agree to redirect or forward your Registered External Website to Younique’s corporate home page in the event of the termination of your Independent Presenter Agreement.
A blog or website developed on a blogging platform that is developed for the primary purpose of marketing or promoting Younique products and/or the Younique business opportunity is considered a Registered External Website and must be registered with Younique. Blogs, created by you or others, that are developed primarily for other purposes that mention Younique and direct traffic to your Personal Website or Registered External Website do not need to be registered. However, any blog entries that concern Younique products or the Younique opportunity must comply with these Policies and Procedures regarding product and income claims.
If you are a Green Elite (or higher), you may have information on your Registered External Website stating that you can be contacted to assist in finding a Presenter from your team in the customer’s area. For example, you could state, “If you would like to find a Presenter in your area, please email or call me and I will have a member of my team contact you.”
You may not receive any monetary compensation or exchange for goods and services from any Presenter to build, host, or maintain their Registered External Website, but you are allowed to voluntarily help other Presenters should you choose to do so. You are not allowed to manage nor have ready access to the database or site administration of any sites you build for your team. Any exploitive actions on websites built for team members are prohibited and seen as a violation of Younique’s philosophy of giving more than you take. All assets, video, pictures, graphics, plug- ins, etc., used on a site you build for your Downline or any other Presenter must be housed on the domain owned by that Presenter, not a domain that you own. Absolutely no links on any site you build for a Presenter should link to either your Personal Website or Registered External Website. Also, you cannot use the site to promote, market, or link to your web development business website.
You may not implement or use lead capture software on your Registered External Website, website or social networking sites (e.g., Facebook®, MySpace®, LinkedIn®, Twitter®, Pinterest®, YouTube®, blogs, forums, and other social shared interest sites).
Search engine optimization spam and/or Black Hat search engine optimization is strictly prohibited and subject to penalties according to section 11 below. These techniques include unethical link building, duplicating websites, cloaking web pages, doorway pages, bad neighborhood link building or other unethical practices. Any white hat search engine optimization conducted by a paid provider (or similar organized effort) must first be approved by the Younique compliance team at email@example.com.
Should you elect to make use of a Registered External Website, the following Section 188.8.131.52.1 through 184.108.40.206.6 apply to you.
220.127.116.11.1 – Registered External Website Content
You are solely responsible and liable for content, messaging, claims, and information contained in your Registered External Website and must ensure your Registered External Website appropriately represents and enhances the Younique brand and adheres to these Policies and Procedures. Additionally, your Registered External Website must not contain disingenuous pop-up ads or promotions or malicious code. Decisions and corrective actions in this area are at Younique’s sole discretion.
Presenters shall comply with the compulsory provisions of Article 6 of Act n°2004-575 dated 21 June 2004 and publish all the identification details required.
18.104.22.168.2 – Presenter Image Mandate
To avoid confusion, the following three elements must be prominently displayed at the top of every page of your Registered External Website:
1. The Independent Younique Presenter logo; 2. Your name and title; and
3. Younique corporate website redirect button.
Although Younique brand themes and images are desirable for consistency, anyone landing on your page needs to clearly understand that they are at your Registered External Website and not a Younique corporate page.
22.214.171.124.3 – Registered External Websites Must Exclusively Promote Younique
Your Registered External Website must contain content and information that exclusively promote Younique products and the Younique business opportunity. You may not advertise other products or services other than the Younique product line and the Younique business opportunity. For example, you may not create an internet retail store where brands other than Younique are offered.
126.96.36.199.4 – No e-Commerce or Stock-and-Sell Retailing
Your Registered External Website must only facilitate driving traffic to your Personal Website. You may not stock and sell Younique products, nor may you facilitate an e-commerce environment that would facilitate this model at your Registered External Website. All orders must be placed through your Personal Website.
188.8.131.52.5 – Registered External Website Termination
In the event of termination of your Independent Presenter Agreement, you are required to remove your Registered External Website from public view within five (5) business days as from the effective date of your Contract termination and redirect (forward) all traffic from that domain to www.YouniqueProducts.com. Alternatively, if your Independent Presenter Agreement is terminated for any reason, your Registered External Website may be transferred to another Presenter, subject to Younique’s approval, on a case-by-case basis.
184.108.40.206.6 – Registered External Website Links
Your external website can only link to pages within your approved Registered External Website, your Personal Website, or to your social networking sites that you use to promote your Younique business (e.g., Facebook®, Twitter®, LinkedIn®, etc.). You cannot monetize your Registered External Younique Website by having outbound links, affiliate programs, Google Ad Sense®, or other similar tactics.
220.127.116.11.7 – External Team Websites
If you have achieve the rank of Elite or higher, you may develop a team website for the purpose of connecting, communicating, training, education, and sharing best practices among your team members. Because these sites may contain sensitive and Company-specific information, these team websites must be password-protected. A team website must not be used to promote your team and cannot have links to the Elite’s Personal Website or Registered External Website. Elites cannot use their team name in the URL of their Personal Website or Registered External Website. You may build a team website on social media platforms so long as it complies with the guidelines in the sections above and it must be private with the activity of the group not represented outside the group. All team websites must be registered with Younique by contacting firstname.lastname@example.org. Because team websites must be password protected, please be sure to provide a user name and password so that Younique may review the site.
Team Web sites are not to be used as a form of marketing for you or your team. The following is a list of steps that you or your site builder need to take in order to prevent your team website from garnering page rank and showing up in search engine results:
1. Do not submit sitemaps to search engines.
2. Add this meta code to your site: <Meta name =”Robots” Content = “Noindex, Nofollow”>. This will prevent search engines from indexing your site.
3. Don’t add other meta data such as meta descriptions, titles, or tags to the code of the site. If you have any such meta data on your site you’ll need to remove it.
4. Publish a robots.txt file to the site with a disallow tag so crawlers won’t visit any pages on the site. Provide a screen shot of this file and submit it to email@example.com for the Company’s records.
6.5 – Commercial Outlets and Trade Shows
6.5.1 – Commercial Outlets / Retail Stores
You are not allowed to offer Younique products for sale in any permanent retail or service business establishment. A promotional display may be exhibited for the generation of leads or the collection of orders. A promotional display means signs, banners, flyers or other advertising materials. Such displays may be in or near retail locations, provided that you comply with all applicable laws and have permission from the property owner. However, such displays may not include any product.
Cash-and-carry sales from a retail establishment are strictly prohibited. Signs, banners, flyers and other advertising outside retail locations announcing or directing shoppers to a Younique display inside a retail environment are prohibited. In addition, you may not sell on the sidewalk of a retail establishment or in the parking lot of a retail establishment.
Customer orders cannot be delivered to customers at any retail location. Deliveries to customers must be made outside of and away from retail environments.
6.5.2 – Reselling
You cannot knowingly sell to anyone who is going to resell Younique products in retail environments, online, through fairs and shows, or through any other reselling/retailing venue.
6.5.3 – Cooperative Advertising and Promotion with Retail Entities
Younique products and/or the Younique business opportunity may not be offered in an online or offline advertisement or promotion (including in-store product giveaways) with any retail store, business, or entity. Co-operative promotions with service entities (i.e., a dentist or doctor’s office) are allowed only with prior approval from Younique (adapproval@YouniqueProducts.com).
6.5.4 Trade Shows
In markets where Younique products are not available for resale (see current exclusions in Section 6.2.6 above), Younique products shall not be sold at trade show events.
6.6 – Data protection
In order to promote Younique opportunity and sell Younique Products, Presenters shall collect personal data form customers. Personal data collected by Presenters shall not be used for any other purpose than promoting Younique opportunity and selling the Products. Presenters shall not transfer except to Younique, provide or sell any customer personal data to any third party. Presenters commit to:
- Comply with all legal requirements set forth by Act n°78-17 dated 6 January 1978,
- File all required applications near the Public Entity in charge of data protection in France and pay specific attention that the said applications allow the licit transfer of the customers’ personal data to Younique within the European Union,
- Inform accordingly customers and obtain their written agreement to the collection and processing of their personal data, and more specifically, the Presenters shall inform the customers that their personal data shall be transferred to another european country or to the USA. The Presenters shall ensure that the declarations they made allow such transfer.
- Secure the access and the storage of all customers’ personal data,
- Ensure to customers effective and free-of-charge enforcement of (i) the right to oppose to the collection and processing, (ii) right to access and correct to the collected personal data and (iii) right to have their personal data removed from Presenters’ databases.
Presenters shall forward on to Youniqe copies of all applications and acknowledgements of receipt certifying the compliance with Act n°78-17 at Younique’s first request.
Lack of compliance with Act n°78-17, which pertains to French public order, mauy found the immediate termination of the Independant Presenter Agreement under the conditions set forth by Section 11 below.
SECTION 7 – OPERATING YOUR YOUNIQUE BUSINESS
7.1 – Product Sales
To be eligible for Bonuses, Commissions, and advancement, you must meet the milestones and requirements set forth in the Royalty Plan. Regardless of your rank or level of achievement, you have an ongoing obligation to continue to personally promote sales through the generation of new customers and through servicing your existing customers.
7.1.1 – Pricing your products
Presenters, as mandataires, cannot establish their own price for reselling their Younique products or services and must comply with the retail price communicated by Younique.
Furthermore, no bulk pricing or special enticement advertising is allowed. This includes, but is not limited to, offers of free Starter Kits, free shipping or other such offers that grant advantages beyond those available through any Presenter’s Personal Website.
Presenter is responsible to adhere to all local laws concerning pricing.
7.2 – Sales Receipts
You are required to provide your retail customers with a precontractual information document and a sale order applying as a contract. You must keep these documents and provide them to Younique.
7.3 – Ordering and Shipping
How you place orders, shipping, discounts, returns, exchanges, replacements and other related matters are all set forth on www.youniqueproducts.com.
7.4 – Sponsoring
If you are an active Presenter, you have the right to sponsor and enroll others into Younique by helping them successfully complete an Application as outlined in Section 3.
7.4.1 – Can I Change Sponsors?
No. To protect the integrity of all Downline organizations, Younique does not allow voluntary changes in sponsorship. Please consider carefully before enrolling.
The only exception to the foregoing is that Younique will permit sponsor changes where the Presenter (a) selected a sponsor by mistake, (b) reported such mistake to www.youniqueproducts.com/business/support within seventy-two (72) hours from the application, and (c) can provide documentary evidence confirming that the selection was a mistake rather than a case of a change of mind. All three (3) of the foregoing conditions must be met for a sponsor change to be considered.
You may, however, change Sponsors by cancelling your Younique business and remaining inactive for six (6) months. Spouses and/or other members of your Household may not enroll during that six (6) month period. Following this six (6) month period, you may reapply under a new Sponsor and will be required to purchase a new Starter Kit.
7.4.2 – Can a Minor Enroll in Younique?
No. You may not recruit or enroll a person who is under 18 at the date of application.
7.4.3 – Marketing the Business Opportunity: Limitation on Recruiting Efforts
You may not offer any monetary inducement to encourage others to join your Younique team. This includes, but is not limited to, offers to pay for new recruits’ Starter Kits, offers of free product, gifts, and offers to provide incentives if new recruits reach milestones within a certain time period.
The initial transaction to become a Presenter (i.e., purchasing a Starter Kit) must be a stand-alone transaction between Younique and the prospective Presenter and cannot be linked to any future performance, milestones, or promises.
7.5 – One Younique Business per Presenter and per Household
As a Presenter you are allowed to operate, own, have an interest in, or receive compensation from only one (1) Younique business. Furthermore, individuals from the same family unit (husbands and wives or common-law couples (collectively “spouses”) and dependent children living in the same Household) may not have an interest in more than one (1) Younique business.
If spouses choose to operate a Younique business, they must be jointly sponsored as one (1) Younique business. Spouses, regardless of whether one or both actually sign the Application, may not own, operate or participate in (either directly or indirectly) any other Younique business. All other business partnerships must contact firstname.lastname@example.org and timely complete all documentation required by Younique’s compliance department.
The only exceptions Younique will consider to this policy are if (a) two (2) existing Younique Presenters marry, or (b) in the case of a Presenter receiving an interest in another Younique business through inheritance. Exceptions will be considered on a case-by-case basis and must be submitted in writing to compliance@YouniqueProducts.com.
7.5.1 – Actions of Household Members or Affiliated Individuals
If a member of your immediate household engages in activities that violate the Independent Presenter Agreement (including these Policies and Procedures) you will be considered to be in violation of the Independent Presenter Agreement, and Younique may take sanctions against you.
Similarly, in the case of a Younique business entity, if any individual associated with that entity violates the Independent Presenter Agreement, these actions will be deemed a violation by the entity and Younique may take sanctions against the entity.
7.6 – Business and Property Insurance
Contact a competent and duly licensed insurance broker/agent to make certain that your business and your property (including any Younique products inventory) is protected. Younique is not responsible for obtaining insurance on behalf of any Presenter.
SECTION 8 – PAYMENT
8.1 – Insufficient Funds
It is your responsibility to ensure there are sufficient funds or credit available in your account to cover personal orders you submit. If funds or credit are not available, the system may not accept your order, or your order will be held and you will be contacted. If your order is held and substitute payment is not received within five (5) days, the order will be cancelled, and you will not receive volume credit for the order.
8.2 – Returned Checks
In the event your bank returns a check for insufficient funds, Younique will contact you to obtain a credit or debit card to cover the payment. A USD$25 returned-check fee will be added to the order amount. Younique reserves the right to require that future orders be paid by credit card, money order, or cashier’s check. Any unresolved or outstanding balance owed Younique will be withheld from your Bonus and Commission payments.
8.3 – Restrictions on Third Party Use of Credit Cards and Checking Account Access
You are not allowed to permit other Presenters or customers to use your credit or debit card or permit debits to your checking account(s) to enroll in or make purchases from Younique.
8.4 – Value Added Taxes (“VAT”)
Younique maintains compliance regarding all required obligations pertaining to VAT remitting, recording and reporting. Younique’s pricing is VAT inclusive and Vat amounts are broken out on each invoice.
In jurisdictions in which Younique products are subject to VAT, Younique collects and remits VAT on all purchases, including, when applicable, rewards that a host receives. As a result, all orders that you submit will include the correct VAT. Younique will collect and remit VAT, according to applicable tax rates in the country the order is shipped to.
SECTION 9 – WARRANTIES, GUARANTEES, RETURNS, AND REPURCHASES
9.1 – The Younique Love It Guarantee
Younique offers a return policy, known as the Love-It Guarantee. This return policy is available on www.youniqueproducts.com
9.2 – Purchase cancellation policy
If a Presenter or customer makes a purchase arising from a Home-Party, the customer has the right to cancel for a full refund until midnight of the fourteenth day after the sale.
This period shall be extended to the next business day if it expires on a Sathurday, Sunday or a public holiday or a day which is not worked
This fourteen (14) day cancellation option applies to sales at the buyer’s home, workplace or dormitory, or at facilities rented by the seller on a temporary or short-term basis, such as hotel or motel rooms, convention centers, fairgrounds or restaurants. The cancellation option applies even when consumer invites the Presenter to make a presentation in consumer’s home.
9.3 – Return of Commissions Received for Returned Purchases
Younique may, at its discretion, retrieve or reverse any Bonuses, Commissions, or status advancements received by a Presenter as a result of the returned order. This will include a negative holding from any outstanding returns to cover the already paid amount.
9.4 – Restrictions on Return of Bulk Purchases
The return policy applies to purchases for personal consumption (including Home-party orders consolidated for multiple consumers). It does not provide for return of bulk orders made for non- compliant purposes.
In cases where bulk orders are made for non-compliant purposes (as determined by Younique in its discretion), bulk orders are final.
Examples some (but not all) non-compliant purchases triggering that render a sale final are excessive inventory purchases (see Section 10.4 below), purchases to obtain rank (see Section 10.2 below) and purchases for resale over eBay (see 18.104.22.168).
Bulk order return restrictions are superceded by Sections 9.2 for in-home sales and 9.5 for return of inventory at time of cancellation.
9.5 – Return of Sales Aids by Presenters Upon Cancellation
Upon termination of a Independent Presenter Agreement, the Presenter may return sales tools that he or she personally purchased from the Company within one (1) year prior to the date of cancellation.
Upon the Company’s receipt of returned goods and confirmation that they are in Resalable or reusable condition, the Presenter will be reimbursed ninety percent (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.
9.6 – Other Rules
Other rules regarding returns, exchanges, and replacements are set forth on the website at www.youniqueproducts.com.
SECTION 10 – RESTRICTIONS ON PRESENTER ACTIVITIES
10.1 – Improper Recruiting
You may not offer to pay for all or any portion of a recruit’s enrollment, nor may you offer gifts, incentives, or anything of monetary value in exchange for enrolling. Furthermore, you may not advertise on your Personal Website, Registered External Website, blog or any other location or media that you will discount the price or reimburse all or any portion of the price of the Starter Kit, or offer any kind of gift or incentive, if they enroll under you in Younique.
Acceptable conduct: Working with a Host to enroll, and then transferring the benefits they receive from the party to start-up Presenter benefits, is acceptable. Once a recruit has joined your team, you are free to offer them incentives to encourage behavior, but not before they enroll.
10.2 – Bonus Buying Prohibited
Bonus-buying activities are fraudulent and constitute a material breach of your Agreement. Bonus buying includes:
- a) The enrollment or attempted enrollment of an individual or entity as a Presenter without their knowledge or consent; or
- b) The enrollment or attempted enrollment of non-existent individuals or entities as Presenters (this means you may not enroll a deceased or fictitious person or a fictitious business entity as a Presenter).
As a Presenter:
- b) You must be able to prove that anyone signing up as a recruit under you did so with full knowledge and understanding of the terms of the Agreement.
- c) You may not offer to pay for all or any portion of a recruit’s enrollment, nor may you offer gifts, incentives, or anything of monetary value in exchange for enrolling. Once a recruit has joined your team, you are free to offer them incentives to encourage behavior, but not before they enroll. Furthermore, you may not advertise on your Personal Website, External Website, blog or any other location or media that you will discount the price or reimburse all or any portion of the price of the Starter Kit, or offer any kind of gift or incentive, if they enroll under you in Younique.
- d) You may not purchase or encourage the purchase of Younique products, either directly or indirectly by placing orders or purchasing product from another Presenter (regardless of who ends up with the product), in an attempt for you or another Presenter to qualify for a rank advancement or achieve an incentive trip, reward, or recognition. If you are building up inventory for a show or event, this is allowed as long as you can provide Younique evidence of the show/event upon request. Younique regularly audits rank advancements, promotions, and incentive trips to identify instances of Bonus buying. Younique must be vigilant in ensuring that orders are placed on behalf of Younique customers through their Presenters.
10.3 – Fraudulent Activities Prohibited
You may not enroll an individual or entity as a Presenter without their knowledge or consent. You may not enroll non-existent individuals or entities as Presenters (this means you may not enroll a deceased or fictitious person or a fictitious business entity as a Presenter).
You may not use false identification numbers, false names, buy additional product to achieve or maintain a certain status, warehouse products, or use any other form of manipulation that violates the terms and conditions of the Royalty Plan or its spirit and intent.
Where appropriate, individuals engaged in fraud will be turned over to legal authorities. If you become aware of fraudulent behavior, please contact Younique at compliance@YouniqueProducts.com.
10.4 – products Purchases
The Younique program is designed so that you do not need to invest in and stock products for resale purposes. You must never purchase more products than you can reasonably use in one (1) month, and must not influence any other Presenter to buy more products than she or he can reasonably use in one (1) month. As such, you are prohibited from purchasing more than EUR 300 per month in products.
10.5 – Using Income Claims in Recruiting Efforts
In your recruiting and sponsoring efforts, you may not make specific claims to demonstrate the earning potential of Younique or party plan/direct selling opportunities by sharing your own earning information or sharing the earning information or testimonials of other Presenters. Not only can this activity be counterproductive, there are laws that regulate, and even prohibit, certain types of income claims and testimonials made by people engaged in direct selling.
When you are discussing the Younique business opportunity or Royalty Plan with a prospective Presenter, you may not make income projections or income claims or disclose information about your personal Younique income. Similarly, you may not exhibit actual, copies or representative reward checks in the promotion of the product or the Younique business opportunity. You may not use hypothetical income examples to help her/him understand how the Royalty Plan operates.
10.5.1 –Royalty Plan Claims
When presenting or discussing the Royalty Plan, you must make it clear to prospective Presenters that financial success with Younique requires commitment, effort, and sales skill. You must never represent that one can be successful without diligently applying themselves.
Examples of misrepresentations (and thus statements to AVOID) in this area include:
a) It’s a turnkey system;
b) The system will do the work for you;
c) Just get in and your Downline will build through spillover;
d) Just join and I will build your Downline for you;
e) The company does all of the work for you;
f) You don’t have to sell anything; or
g) All you have to do is buy your products every month.
The above are just examples of improper representations about the Royalty Plan. It is important that you do not make these or any other representations that could lead a prospective Presenter to believe that he or she can be successful as a Presenter without commitment, effort, and sales skill.
10.5.2 –Responsibility for Presenter Statements
You are fully responsible for all verbal and written statements made regarding Younique products and/or the Royalty Plan that are not expressly contained in official Younique materials. This includes statements and representations made through all sources of communication media, whether person-to-person, in meetings, online, through social media, in print, or any other means of communication.
You agree to indemnify Younique and Younique’s owners, officers, directors, employees, and agents, and hold them harmless from, any and all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by Younique as a result of any unauthorized representations or actions by you. This provision shall survive the termination of the Independent Presenter Agreement.
10.6 – Conflicts of Interest
10.6.1 – Participation in other Direct Selling Ventures
You may participate in other Home-Party plan, direct selling, multilevel marketing, or network marketing business ventures or marketing opportunities whose primary product line/offering does not directly compete with Younique. If you have questions about a specific company and whether or not there is a conflict, please contact email@example.com.
If you are engaged in other non-Younique network marketing programs, it is your responsibility to ensure that your Younique business is operated entirely separate and apart from any other program. To this end, the following must be adhered to:
a) You must not sell, or attempt to sell, any competing non-Younique products to other Presenters. Any product in the same generic category as a Younique product is deemed to be competing, regardless of differences in cost, quality, whether the product is not a primary product of the competitor, or other distinguishing factors.
b) You may not display Younique promotional materials, sales aids, or products with or in the same location as any non-Younique promotional materials, sales aids, or products.
c) You may not offer the Younique business opportunity or Younique products to prospective or existing Presenters or customers in conjunction with any non-Younique business opportunity or products.
d) You may not offer any non-Younique business opportunity or products at any Younique-related meeting, seminar, convention, webinar, teleconference, or other function.
10.6.2 – Presenters Selling to Other Presenters
As a Presenter you, or members of your Immediate Household, are not allowed to sell any competing, copycat, counterfeit, or non-authentic products or services to other Presenters when such products are related in any way to the conducting or maintaining of a Younique business. This policy does not include the selling of authentic Younique products. Additionally, you are not allowed to use Younique information, events, websites, or assets to sell non-Younique products to Presenters.
10.6.3 – Nonsolicitation
The term “recruit” means the actual or attempted sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another Presenter to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity.
Subject to compliance with Section 10.6.1 above, you may participate in other direct selling ventures (including party plan, network marketing, and multilevel marketing); however, during the term of the Independent Presenter Agreement, you may not directly or indirectly recruit other Presenters for any other direct selling venture.
Following the termination of your Independent Presenter Agreement, and for a period of six (6) calendar months thereafter, with the exception of a Presenter whom you personally sponsored, you agree that you shall not recruit any Presenter for another network marketing business.
During the term of this Independent Presenter Agreement and for a period of twelve (12) calendar months thereafter, you agree that you may not use any social media site on which you have discussed or promoted the Younique business or Younique’s products to directly or indirectly recruit Presenters for another direct selling or network marketing program selling competing products. In furtherance of this provision, you agree that you shall not take any action that may reasonably be foreseen to result in inviting an inquiry from other Presenters relating to your other direct selling business activities.
You recognize and agree that because network and Home-Party plan marketing is conducted through networks of independent contractors dispersed across the entire France and internationally, and business is among other means conducted via the internet and telephone, an effort to narrowly limit the geographic scope of this non-solicitation provision would render it wholly ineffective. Therefore, you agree that this non-solicitation provision shall apply to the entire country of France and to all international markets in which Presenters are located. This provision shall survive the termination or expiration of the Independent Presenter Agreement.
10.6.4 – Confidential Information
Younique will make available to you through your Back Office information and reports (i.e., Downline Reports, order history reports, contact lists, etc.) needed to run and grow your Younique business. All Back Office information and reports are confidential and are classified as proprietary information and business trade secrets exclusively belonging to Younique and are referred to herein as “Confidential Information”. This Confidential Information is made available to you in the strictest confidence and for the sole purpose of assisting you in working with your Downline organizations in the development of your team and your business. You may not use any Confidential Information for any purpose other than for developing your independent Younique business. If you participate in any other party plan, direct selling or multilevel marketing ventures, you are not eligible to have access to certain Confidential Information, including, but not limited to, Downline Reports. You may use the Confidential Information to assist, motivate, and train your Downline, and for no other purpose. In so doing, you may not disclose the Confidential Information to any third party, including, without limitation, your Downline. You agree that, but for this agreement of confidentiality and nondisclosure, Younique would not provide Confidential Information to you.
To protect the Confidential Information, you agree that you shall not, on your own behalf or on behalf of any other person, partnership, association, corporation or other entity:
a) Directly or indirectly disclose any Confidential Information to any individual, partnership, association, corporation, or other entity;
b) Directly or indirectly disclose, to any individual, partnership, association, corporation, or other entity, the password or other access code to your Back Office;
c) Use any Confidential Information to compete with Younique or for any purpose other than promoting or supporting your Younique business; or
d) Recruit or solicit any Presenter listed on any Downline Report or contained in any Confidential Information for another direct selling venture, or in any manner attempt to influence or entice any such Presenter to alter his or her business relationship with Younique.
10.7 – Targeting Other Direct Sellers
Younique does not condone consciously targeting the sales force of another direct sales company for recruiting purposes, nor does Younique condone the solicitation of sales representatives from another direct sales company in ways that would cause these representatives to violate the terms of their contracts with their companies. Should you engage in these activities, you risk being sued by these other direct sales companies, and if any lawsuit, arbitration, or mediation is brought against you, Younique will not pay any of your defense costs or legal fees, nor will Younique indemnify you for any judgment, award, or settlement.
10.8 – Cross Sponsoring
Cross sponsoring occurs when a Presenter knowingly enrolls (or attempts to enroll) another Presenter or a former Presenter under her when that Presenter is enrolled in a different Line of Sponsorship, or the former Presenter was enrolled in a different Line of Sponsorship within the past six (6) months. This behavior is strictly prohibited. The use of any real or fictitious name, identification, or identification number in an effort to circumvent this policy is considered fraudulent behavior and will not be tolerated.
If you discover cases of cross sponsoring you must immediately report this activity to Younique at firstname.lastname@example.org. When cross sponsoring occurs, it is Younique’s right to take sanctions against the offending Presenter, as well as any Presenters who encouraged or participated in cross sponsoring in any way. Younique may also choose to restore or move all or part of the offending Presenter’s Downline back to his or her original Downline organization at its sole discretion. Presenters involved in cross sponsoring waive all claims and causes of action against Younique relating to the disposition of the cross-sponsored Presenter’s Downline organization.
10.9 – Negative and Disparaging Remarks
While Younique welcomes constructive input from its Presenters, negative comments and remarks made by Presenters about Younique, its products, or Royalty Plan, however, serve no purpose other than to sour the enthusiasm of other Younique Presenters. For this reason, you must not disparage Younique, other Younique Presenters, Younique’s products, the Royalty Plan, or Younique’s owners, officers, or employees. If you disparage any of these parties, it is considered a material breach of your Independent Presenter Agreement, and you will be subject to disciplinary action.
10.10 – Making Claims Regarding Government Approval or Endorsement
No regulatory agencies nor officials of any jurisdiction approve or endorse any specific direct selling or network marketing companies or programs. Therefore, you shall not represent or imply that Younique or its Royalty Plan have been approved, endorsed, or otherwise sanctioned by any government agency or official.
10.12 – Use of Nonpublic Information
No Presenter may act on, or benefit in any way from, any information about Younique, or its future plans, to pursue any aspect of the Presenter’s business prior to the public announcement of such information by Younique. Such information may include, but is not limited to, any information gained through relationship, conversation, or communication with Younique employees, directors, or corporate officers, and includes all information that has not been publicly announced. Any actions taken prior to a public announcement will be deemed to be a violation of the Independent Presenter Agreement and subject to sanctions as defined in Section 11 of these Policies and Procedures, including termination of your Presenter status. For further clarification, please see the definition of Nonpublic Information in the definitions section of this Agreement.
SECTION 11 – DISPUTE RESOLUTION AND SANCTIONS
11.1 – Sanctions
If you are found in violation of your Independent Presenter Agreement, or if Younique determines that you have engaged in or are engaging in any illegal, fraudulent, deceptive, or unethical business conduct, you may be subject, at Younique’s discretion, to one or more of the following corrective measures:
a) A written warning or admonition inviting you to take immediate corrective measures;
b) Imposition of a fine, which may be withheld from Bonuses, returns and Commission payments;
c) Loss of rights to one or more Bonus and/or Commission payments;
d) Suspension of your Independent Presenter Agreement for up to 6 weeks,
e) The removal of a First Level Presenter and their Downline organization from your Downline organization;
f) Permanent or temporary loss of or reduction in your current and/or lifetime rank (which may be subsequently re-earned);
g) Any other measure allowed within any portion of the Independent Presenter Agreement, or which Younique deems appropriate, to equitably resolve injuries caused wholly or in part by your policy violation or other contractual breach.
h) Involuntary termination of your Independent Presenter Agreement;
In the event one or more of the above measures is implemented against you due to your violation of any provision of the Presenter Agreement or the Policies and Procedures, notification of the violation and the corrective measure will be given to you by the Younique compliance team.
11.2 – Results of Suspension or Termination
If a Presenter has been terminated or suspended, they must cease to sell Younique products. The Presenter may not participate in any parties, fairs, or shows, including those scheduled prior to suspension or termination, during the period of suspension or termination. Once the suspension has expired, the Presenter may resume all selling activities. If you are terminated you may return unused goods in unopened and saleable condition under the provisions of clause 9.5. of these Policies and Procedures.
11.3 – Grievances and Complaints
If you have a grievance or complaint with another Presenter regarding any practice or conduct in relationship to Younique or your Younique business, you must first report the problem to your Sponsor, who is obligated to review the matter and make an earnest and meaningful attempt to resolve it with the other party’s Upline Sponsor and/or Elite. If the matter cannot be resolved, it must be reported, in writing, to the Younique compliance team at email@example.com, who will review any facts and claims and will work to resolve the situation.
11.4 – Mandatory prior conciliation
In disputes concerning the interpretation or execution of this Agreement, the Parties shall, prior to any court action, submit to a mandatory prior conciliation procedure.
Thus, the Party wishing to raise a complaint regarding the implementation or interpretation of the Agreement shall notify the other Party by registered letter with acknowledgment of receipt. The Parties shall meet within 15 working days from receipt of that letter to try to find an amicable solution together.
If, after a period of 30 working days from that meeting , the Parties do not reach an agreement , the dispute will be submitted to the jurisdiction of the courts referred to below .
11.5 – Governing Law, Jurisdiction, and Venue
The contract of the Independent Presenter will be governed by and construed in accordance with French law and the parties irrevocably submit, for any dispute concerning the validity, execution and interpretation of this Agreement to the exclusive jurisdiction of the Commercial Court of Paris.
SECTION 12 – INACTIVITY AND TERMINATION
12.1 – Effects of Termination
As long as you remain active and comply with the terms of the Independent Presenter Agreement and these Policies and Procedures, Younique will pay you Bonuses and Commissions in accordance with the Royalty Plan. Your Bonuses and Commissions constitute the entire reward for your efforts in generating sales and all activities related to generating sales, including building and nurturing your Downline organization.
If your Independent Presenter Agreement is terminated, you will receive Bonuses and Commissions only for the last full pay period prior to the termination. Upon the termination of your Independent Presenter Agreement, you shall be deemed to have waived all of your rights, title, claim, or interest to the Downline organization that you operated, and to any leadership Bonuses from the sales generated by that organization. Additionally, you will lose the right to represent Younique, the right to sell Younique products, and the right to receive future Commissions, Bonuses, or other income resulting from Younique activities.
If you submit a request to re-enroll, or if you re-activate by way of increased PRS, within three (3) months of the time of termination and Younique agrees at its sole discretion to allow you to re-enroll or re- activate, you may obtain your original Presenter ID number and maintain your original Downline.
If you submit a request to re-enroll after expiration of the three (3) months since the date of termination and Younique agrees at its sole discretion to allow you to re-enroll, you must apply for a new Presenter number, purchase a new Starter Kit, and you will not maintain your prior D
Downline but you will be enrolled under your original Sponsor. If you wish to re-enroll under a different Sponsor, you must wait until at least six (6) months have passed since the date of termination.
12.2 – Termination Due to Inactivity
In order for your account to remain in active status, you must generate one hundred twenty-five (125) points of PRS in a three (3) month period. For example, if your PRS for the month of May is one hundred twenty-five (125) or more, your account will remain active for the next three (3) months; June, July, and August. If your PRS totals are one hundred twenty-five (125) or more in July, your account will remain active for August, September, and October. If the required one hundred twenty-five (125) in PRS is not met within the three (3) month period, your account may be terminated for inactivity.
12.3 – Voluntary Suspension
If you can’t meet Younique’s minimum sales requirements for an extended period of time due to pregnancy, adoption, personal illness, family illness, or natural disaster, you can voluntarily suspend your Independent Presenter Agreement for up to three (3) calendar months by contacting Younique Support to begin the suspension. You lose all Presenter benefits and privileges during the suspension and no activity can occur (i.e., no orders; no Commissions; no trips earned, etc.), but your Downline and title stays intact. Your status will revert to normal at the end of the third (3rd) calendar month unless you reengage sooner by contacting Younique Support. You may use this benefit not more than once in every twenty- four (24) months.
12.4 – Termination for breach
Your violation of any of the terms of the Independent Presenter Agreement, including any amendments that may be made by Younique at its sole discretion, may result in any of the sanctions listed in Section 11.1, including, in case of gross misconduct, the immediate termination of your Independent Presenter Agreement which shall be notified to you by Younique by registered mail, return receipt requested. The termination shall be effective on the date on which written notice is mailed to your last known address.
12.5 – Termination without breach
Younique and yourself have a right to terminate the Independent Presenter Agreement at any time, regardless of reason, with a notice period of 30 days. Notice of termination, when issued by the Independent Presenter, must be submitted in writing to Younique Support. Your notice must include your name, address, Presenter ID Number, and signature. Where the Presenter cancels the Independent Presenter Agreement within fourteen (14) days from the time of enrollment, the Presenter may return the Starter Kit and all the products purchased for a full refund provided the Kit and products are returned in its original state.
SECTION 13 – DEFINITIONS