Online Agreement. This agreement is an online agreement that is being executed in keeping with applicable federal and state laws. If You are a resident of the state of Texas, this agreement is subject to the provisions of Chapter 322 of the Texas Business and Commerce Code. United States Career Plan Contents GENERAL GUIDELINES 11 Commission Period 11 Direct Deposit 11 Commissions Paid Through E-Wallet 11 Commission Minimum 11 Shipping & Processing Time 11 Sales Tax on Items 13 Guarantee 13 Exchange Policy 13 Refunds 14 Credit Card Payment 14 Inventory Returns 14 Substitutions 14 Altering Pink Zebra Products 15 International Sales 15 U.S. Territories 15 APO / FPO Locations 15 Time Zone 15 Accepting Credit Card Payments from Customers 15 Declined Credit Cards 15 Checks 16 Tax Rate 16 Customer Service Support 17 Retailing and Marketing 17 CONSULTANT STATUS 18 Independent Status & Compliance with Applicable Law 18 Responsibilities of Pink Zebra Consultants 18 Consultant’s Code of Ethics 19 Sales and Reselling of Current Catalog Products 19 Discounts or Promotions Regarding Enrollment Kits 20 Competitive Recruiting & Competitive Selling 20 Becoming an Independent Consultant 20 Active 20 Inactive 20 Monthly Requirements 21 ZebraNET/ZebraNET APP/ZebraREACH Fees 21 Team Roll-ups 22 Switching Uplines 22 Termination 22 Resignation 22 Promotions 23 Leadership Awards 23 Titles 24 Selling or Transferring a Business 24 Death 24 The Xxxx Xxxxxx Survivor Benefit 24 Referrals 24 Website “Find A Consultant” Locator 25 Critical Status 25 Income Tax Form 1099 26 Disciplinary Actions 27 Rallies and Reunion Presenter Guidelines 27 Right to Make Changes 28 ORDERS 28 Types of Orders 28 Back Orders 28 Commissionable and NON-COMMISSIONABLE Orders 28 Order Statuses 29 Orders Older Than 60 Days 29 MARKETING AND ADVERTISING 29 E-Commerce and Website Advertising 29 Independent Consultant Logo Use Guidelines 31 Pink Zebra (Home Office) Logo Use Guidelines 31 Paisley Head Logo Use Guidelines 31 Pink Zebra ScentFlirt 32 Pink Zebra Home Facebook 32 Corporate Social Media Sites 32 Social Networking 32 Discount Sites / Lottery / Gambling 33 Quarter Auctions for Charity 34 Online Classified Ad Site, Auction Sites, Shopping Sites, And Order Fulfillment Stores 34 Online Community Pages/Groups (buy-Sell Pages/Groups, garage Sales, Home Based Business Pages, Advertising Groups, Etc.) 34 Consultants Social Media Pages/Groups 35 Social Media Etiquette/Professionalism 35 Truth In Advertising 35 Domain Names, Email Addresses And Online Aliases 35 Search Engine Optimization (SEO) 36 Pink Zebra Links 36 Banner Advertising 36 Digital Media 36 CONFLICTS OF INTEREST 36 Competitive Selling 36 Competitive Sponsoring 37 Team Sponsoring 37 TRADEMARK & INTELLECTUAL PROPERTIES 37 Trademark 37 Logo Use 37 Patents 38 Pink Zebra Literature 38 Copyright / Intellectual Property Other Than Pink Zebra 39 CAREER PLAN 39 Introduction 39 Marketing Phases 39 Overview 40 Social Consultant 40 Base Commissions 40 Enhancing Your Commissions 41 Leadership Bonuses: Working With Others to Build a Team 41 Sponsoring Bonus 42 Strategic Placement Option (active qualified Executive Consultant or higher rank) 42 Mentoring Bonus 43 How to Qualify For and Maintain Your Leadership Benefits 43 Career Plan Overview 45 Executive Phase Generation Bonuses 45 How to Qualify and Maintain Your Executive Level Benefits 47 DEFINITIONS 49 Bonus 49 Bonus Qualified 49 Base Commission 49 Career Plan 49 Current Rank 49 Commission Period 49 Commissionable Volume 49 Downline 49 Director Generation 50 Enroller 50 Executive Manager Generation 50 Frontline 50 Group Volume (GV) 50 Group 50 Hold Status 50 Leadership Commission 50 Leg 50 Xxxxx 00 Xxxxxxxxxxx 50 Pay Rank 51 Pink Dollars 51 Policies & Procedures 51 Qualifying Group Volume 51 Quick Start Incentive 51 Sales Volume (SV) 51 Sponsor 51 Team 51 ZebraNet 52 60% & 40% Rule 52 GENERAL GUIDELINES COMMISSION PERIOD A commission period is defined by calendar months. The final cut-off date for monthly commissions is the last day of the month at 11:59 PM EST (refer to Time Zone). The commission period for the prior month closes no later than the 10th day of the following month at which time all promotions, titles and ranks are changed and commission and bonuses are paid accordingly. Note: All non-party orders are based on posted status and party orders are based on settlement status within the commission period. DIRECT DEPOSIT Consultants are paid any commission and bonus via direct deposit once the commission period has closed for the prior month if your ZebraNET profile is set up with direct deposit information. Pink Zebra does not issue checks and if you have not set your profile up as Direct Deposit, then you will be paid via E-Wallet (see below). Commission and bonus will be paid no later than the 10th day of the following month. Should you enter incorrect deposit account information into your ZebraNET profile and your direct deposit is returned undeliverable, we will not process a second direct deposit for you – however, we will deposit your funds into your E-Wallet account. COMMISSIONS PAID THROUGH E-WALLET Pink Zebra does not issue checks for commission or bonus. If Direct Deposit is not used, then E-Wallet is the method of payment. E-Wallet is a form of payment where your proceeds are added to your online Pink Zebra account. Your E-Wallet holds your money and you may purchase product, or transfer monies to a financial institution. E-Wallet must be set up prior to commission being processed designating either a dollar or percentage amount that should be transferred to your financial institution through E-Wallet. This MUST be done before the 1st day of the month (for the upcoming commission payments), OR funds will not be transferred to a financial institution until the following month. For example: A Consultant earns $1,000 as a commission and has their earnings payment method in their home office profile set to direct deposit. You may determine that you want $400 to remain in your E-Wallet account and $600 to go to your financial institution. On or before the 1st day of the month, you need to set your E-Wallet account up to assign $400 (or could be a percent) to be transferred to your E-Wallet – the balance will be sent to your financial institution. Any funds in the E-Wallet account may be used for products but would not be available for transfer to your financial institution until the next commission run (the following month). Commission and bonus will be paid no later than the 10th day of the following month. COMMISSION MINIMUM There is no minimum amount required to be earned to receive a commission. SHIPPING & PROCESSING TIME Pink Zebra will choose the method of shipping depending on the overall cost, weight and zip code of the order’s ship-to address. Orders under 10 pounds will be sent via our carriers parcel post and orders over 10 pounds will ship direct through the carrier. Consultants must always provide Pink Zebra with a street address for shipping purposes. Pink Zebra will not ship to post office boxes. All orders will ship from the Sugar Land, TX warehouse within five business days of order. Party orders ship within five business days of the date the Consultant closes (settles) the Party. Pink Zebra will attempt to process most orders within one to two business days, but during peak times, it may be necessary to extend shipping times up to five business days. Any order placed via 2-Day are processed the day after they are placed and then shipped using FedEx 2-Day Business. FedEx 2-Day does not count a weekend or holiday as a day. Orders under 10 pounds will ship via Smart Post which go through the postal system. Orders over 10 pounds will ship via Ground. Due to the extreme heat in the summer months, there may be limitations to what days of the week orders ship. This is to prevent orders from sitting in the shipper’s warehouse and docks over weekends. Any updates will be posted on ZebraNET. Shipping Rates Effective July 2021 - Shipping rates for party, customer, Consultant, and shopping cart are as follows: Consultant Order Party Order Host Awards Customer/Website Order ScentFlirt Enrollment Order Continental US Up to $59.99 Retail = $10 Over $60.00 Retail is FREE Up to $59.99 Retail = $10 Over $60.00 Retail is FREE Up to $59.99 = $10. Over $60.00 = FREE Up to $59.99 Retail = $10 Over $60.00 Retail is FREE $4.00 Deluxe - $30 Starter - $25 Continental US 3-5 Business Day Orders over $49.99 are $4.88 and orders under $49.99 are $12.88 Orders over $49.99 are $4.88 and orders under $49.99 are $12.88 NA Orders over $49.99 are $4.88 and orders under $49.99 are $12.88 NA NA Continental US 2 Day $15 or 25% of Retail whichever is greater $15 or 25% of Retail whichever is greater NA $15 or 25% of Retail whichever is greater NA NA AK, HI, PR, US Virgin Islands $0 - $49.99 = $10 $50.00 - $199.99 = 20% $200.00 & over = 10% $0 - $49.99 = $10 $50.00 - $199.99 = 20% $200.00 & over = 10% Up to $59.99 = $10. Over $60.00 = FREE $0 - $49.99 = $10 $50.00 - $199.99 = 20% $200.00 & over = 10% $8.00 Deluxe - $45 Starter - $35 Canada NA NA NA NA NA Deluxe - $40 Starter - $30 Certain states require the collection of sales tax on shipping charges. These taxes will be assessed and collected on orders in accordance with the current state laws. SALES TAX ON ITEMS All items (including Host items) are charged sales tax based on the full retail of the product even though there may be a discount allowed. This is in compliance with state tax rules applicable to our direct sales industry. States tax direct sales transactions differently than normal retail sales. Our agreements with states (including California) to collect sales tax at the full retail value is what grants Consultants an exemption on having to individually register for sales tax to re-sell Pink Zebra products. The states assume that all product sold to our Consultants will be resold to an end consumer at retail value. By our collecting the full retail sales tax up front, we are voluntarily acting as a sales tax agent for the Consultants, relieving them of the burden of collecting and remitting sales tax for their orders placed through Pink Zebra. GUARANTEE Pink Zebra guarantees all products. Defective products can be returned within 45 days of product shipment from Pink Zebra for exchange of other products of equal or greater value. If the item being exchanged is a limited edition or seasonal item, and the product is no longer available, it may be exchanged for another item of equal or greater value. At the discretion of Pink Zebra, any defective product may be required to be returned to the home office so that Pink Zebra can verify that the item does not meet product specifications. All returned items must be accompanied with a receipt and order number. When a defective item is returned, Pink Zebra will pay the shipping fees. The Company will provide a Call Tag or Returns Material Authorization (RMA) to cover the shipping charges for a defective item return.
Appears in 1 contract
Samples: Independent Contractor Agreement
Online Agreement. This agreement is an online agreement that is being executed in keeping with applicable federal and state laws. If You are a resident of the state of Texas, this agreement is subject to the provisions of Chapter 322 of the Texas Business and Commerce Code. United States Career Plan Contents GENERAL GUIDELINES 11 Commission Period 11 Direct Deposit 11 Commissions Paid Through E-Wallet 11 Commission Minimum 11 Shipping & Processing Time 11 Sales Tax on Items 13 Guarantee 13 Exchange Policy 13 Refunds 14 Credit Card Payment 14 Inventory Returns 14 Substitutions 14 Altering Pink Zebra Products 15 International Sales 15 U.S. Territories 15 APO / FPO Locations 15 Time Zone 15 Accepting Credit Card Payments from Customers 15 Declined Credit Cards 15 Checks 16 Tax Rate 16 Customer Service Support 17 Retailing and Marketing 17 CONSULTANT STATUS 18 Independent Status & Compliance with Applicable Law 18 Responsibilities of Pink Zebra Consultants 18 Earnings Claims 17 Consultant’s Code of Ethics 19 Sales and Reselling of Current Catalog Products 19 20 Discounts or Promotions Regarding Enrollment Kits 20 Competitive Recruiting & Competitive Selling 20 Becoming an Independent Consultant 20 21 Active 20 21 Inactive 20 21 Monthly Requirements 21 22 ZebraNET/ZebraNET APP/ZebraREACH Fees 21 22 Team Roll-ups 22 Switching Uplines 22 Termination 22 Resignation 22 23 Promotions 23 Leadership Awards 23 Titles 24 Selling or Transferring a Business 24 Death 24 The Xxxx Xxxxxx Survivor Benefit 24 25 Referrals 24 25 Website “Find A Consultant” Locator 25 Critical Status 25 26 Income Tax Form 1099 26 27 Disciplinary Actions 27 Rallies and Reunion Presenter Guidelines 27 Right to Make Changes 28 ORDERS 28 Types of Orders 28 Back Orders 28 29 Commissionable and NON-COMMISSIONABLE Orders 28 29 Order Statuses 29 Orders Older Than 60 Days 29 30 MARKETING AND ADVERTISING 29 30 E-Commerce and Website Advertising 29 30 Independent Consultant Logo Use Guidelines 31 Pink Zebra (Home Office) Logo Use Guidelines 31 Paisley Head Logo Use Guidelines 31 Pink Zebra ScentFlirt 32 Pink Zebra Home Facebook 32 Corporate Social Media Sites 32 Social Networking 32 33 Discount Sites / Lottery / Gambling 33 Quarter Auctions for Charity 34 Online Classified Ad Site, Auction Sites, Shopping Sites, And Order Fulfillment Stores 34 Online Community Pages/Groups (buy-Sell Pages/Groups, garage Sales, Home Based Business Pages, Advertising Groups, Etc.) 34 Consultants Social Media Pages/Groups 35 Social Media Etiquette/Professionalism 35 Truth In Advertising 35 Domain Names, Email Addresses And Online Aliases 35 36 Search Engine Optimization (SEO) 36 Pink Zebra Links 36 Banner Advertising 36 Digital Media 36 CONFLICTS OF INTEREST 36 37 Competitive Selling 36 37 Competitive Sponsoring 37 Team Sponsoring 37 TRADEMARK & INTELLECTUAL PROPERTIES 37 Trademark 37 Logo Use 37 38 Patents 38 39 Pink Zebra Literature 38 39 Copyright / Intellectual Property Other Than Pink Zebra 39 CAREER PLAN 39 Introduction 39 Marketing Phases 39 Overview 40 Social Consultant 40 Base Commissions 40 Enhancing Your Commissions 41 Leadership Bonuses: Working With Others to Build a Team 41 42 Sponsoring Bonus 42 Strategic Placement Option (active qualified Executive Consultant or higher rank) 42 Mentoring Bonus 43 How to Qualify For and Maintain Your Leadership Benefits 43 Career Plan Overview 45 Executive Phase Generation Bonuses 45 How to Qualify and Maintain Your Executive Level Benefits 47 DEFINITIONS 49 Bonus 49 Bonus Qualified 49 Base Commission 49 Career Plan 49 Current Rank 49 Commission Period 49 Commissionable Volume 49 Downline 49 Director Generation 50 Enroller 50 Executive Manager Generation 50 Frontline 50 Group Volume (GV) 50 Group 50 Hold Status 50 Leadership Commission 50 Leg 50 Xxxxx 00 Xxxxxxxxxxx 50 Pay Rank 51 Pink Dollars 51 Policies & Procedures 51 Qualifying Group Volume 51 Quick Start Incentive 51 Sales Volume (SV) 51 Sponsor 51 Team 51 ZebraNet 52 60% & 40% Rule 52 GENERAL GUIDELINES COMMISSION PERIOD A commission period is defined by calendar months. The final cut-off date for monthly commissions is the last day of the month at 11:59 PM EST (refer to Time Zone). The commission period for the prior month closes no later than the 10th day of the following month at which time all promotions, titles and ranks are changed and commission and bonuses are paid accordingly. Note: All non-party orders are based on posted status and party orders are based on settlement status within the commission period. DIRECT DEPOSIT Consultants are paid any commission and bonus via direct deposit once the commission period has closed for the prior month if your ZebraNET profile is set up with direct deposit information. Pink Zebra does not issue checks and if you have not set your profile up as Direct Deposit, then you will be paid via E-Wallet (see below). Commission and bonus will be paid no later than the 10th day of the following month. Should you enter incorrect deposit account information into your ZebraNET profile and your direct deposit is returned undeliverable, we will not process a second direct deposit for you – however, we will deposit your funds into your E-Wallet account. COMMISSIONS PAID THROUGH E-WALLET Pink Zebra does not issue checks for commission or bonus. If Direct Deposit is not used, then E-Wallet is the method of payment. E-Wallet is a form of payment where your proceeds are added to your online Pink Zebra account. Your E-Wallet holds your money and you may purchase product, or transfer monies to a financial institution. E-Wallet must be set up prior to commission being processed designating either a dollar or percentage amount that should be transferred to your financial institution through E-Wallet. This MUST be done before the 1st day of the month (for the upcoming commission payments), OR funds will not be transferred to a financial institution until the following month. For example: A Consultant earns $1,000 as a commission and has their earnings payment method in their home office profile set to direct deposit. You may determine that you want $400 to remain in your E-Wallet account and $600 to go to your financial institution. On or before the 1st day of the month, you need to set your E-Wallet account up to assign $400 (or could be a percent) to be transferred to your E-Wallet – the balance will be sent to your financial institution. Any funds in the E-Wallet account may be used for products but would not be available for transfer to your financial institution until the next commission run (the following month). Commission and bonus will be paid no later than the 10th day of the following month. COMMISSION MINIMUM There is no minimum amount required to be earned to receive a commission. SHIPPING & PROCESSING TIME Pink Zebra will choose the method of shipping depending on the overall cost, weight and zip code of the order’s ship-to address. Orders under 10 pounds will be sent via our carriers parcel post and orders over 10 pounds will ship direct through the carrier. Consultants must always provide Pink Zebra with a street address for shipping purposes. Pink Zebra will not ship to post office boxes. All orders will ship from the Sugar Land, TX warehouse within five business days of order. Party orders ship within five business days of the date the Consultant closes (settles) the Party. Pink Zebra will attempt to process most orders within one to two business days, but during peak times, it may be necessary to extend shipping times up to five business days. Any order placed via 2-Day are processed the day after they are placed and then shipped using FedEx 2-Day Business. FedEx 2-Day does not count a weekend or holiday as a day. Orders under 10 pounds will ship via Smart Post which go through the postal system. Orders over 10 pounds will ship via Ground. Due to the extreme heat in the summer months, there may be limitations to what days of the week orders ship. This is to prevent orders from sitting in the shipper’s warehouse and docks over weekends. Any updates will be posted on ZebraNET. Shipping Rates Effective July 2021 - Shipping rates for party, customer, Consultant, and shopping cart are as follows: Consultant Order Party Order Host Awards Customer/Website Order ScentFlirt Enrollment Order Continental US Up to $59.99 Retail = $10 Over $60.00 Retail is FREE Up to $59.99 Retail = $10 Over $60.00 Retail is FREE Up to $59.99 = $10. Over $60.00 = FREE Up to $59.99 Retail = $10 Over $60.00 Retail is FREE $4.00 Deluxe - $30 Starter - $25 Continental US 3-5 Business Day Orders over $49.99 are $4.88 and orders under $49.99 are $12.88 Orders over $49.99 are $4.88 and orders under $49.99 are $12.88 NA Orders over $49.99 are $4.88 and orders under $49.99 are $12.88 NA NA Continental US 2 Day $15 or 25% of Retail whichever is greater $15 or 25% of Retail whichever is greater NA $15 or 25% of Retail whichever is greater NA NA AK, HI, PR, US Virgin Islands $0 - $49.99 = $10 $50.00 - $199.99 = 20% $200.00 & over = 10% $0 - $49.99 = $10 $50.00 - $199.99 = 20% $200.00 & over = 10% Up to $59.99 = $10. Over $60.00 = FREE $0 - $49.99 = $10 $50.00 - $199.99 = 20% $200.00 & over = 10% $8.00 Deluxe - $45 Starter - $35 Canada NA NA NA NA NA Deluxe - $40 Starter - $30 Certain states require the collection of sales tax on shipping charges. These taxes will be assessed and collected on orders in accordance with the current state laws. SALES TAX ON ITEMS All items (including Host items) are charged sales tax based on the full retail of the product even though there may be a discount allowed. This is in compliance with state tax rules applicable to our direct sales industry. States tax direct sales transactions differently than normal retail sales. Our agreements with states (including California) to collect sales tax at the full retail value is what grants Consultants an exemption on having to individually register for sales tax to re-sell Pink Zebra products. The states assume that all product sold to our Consultants will be resold to an end consumer at retail value. By our collecting the full retail sales tax up front, we are voluntarily acting as a sales tax agent for the Consultants, relieving them of the burden of collecting and remitting sales tax for their orders placed through Pink Zebra. GUARANTEE Pink Zebra guarantees all products. Defective products can be returned within 45 days of product shipment from Pink Zebra for exchange of other products of equal or greater value. If the item being exchanged is a limited edition or seasonal item, and the product is no longer available, it may be exchanged for another item of equal or greater value. At the discretion of Pink Zebra, any defective product may be required to be returned to the home office so that Pink Zebra can verify that the item does not meet product specifications. All returned items must be accompanied with a receipt and order number. When a defective item is returned, Pink Zebra will pay the shipping fees. The Company will provide a Call Tag or Returns Material Authorization (RMA) to cover the shipping charges for a defective item return.
Appears in 1 contract
Samples: Independent Contractor Agreement
Online Agreement. This agreement is an online agreement that is being executed in keeping with applicable federal and state laws. If You are a resident of the state of Texas, this agreement is subject to the provisions of Chapter 322 of the Texas Business and Commerce Code. United States Career Plan Contents GENERAL GUIDELINES 11 10 Commission Period 11 10 Direct Deposit 11 10 Commissions Paid Through E-Wallet 11 10 Commission Minimum 11 10 Shipping & Processing Time 11 10 Sales Tax on Items 13 11 Guarantee 13 12 Exchange Policy 13 Refunds 14 12 Credit Card Payment 14 12 Inventory Returns 14 13 Substitutions 14 13 Altering Pink Zebra Products 15 International Sales 15 U.S. Territories 15 13 APO / FPO Locations 15 14 Time Zone 15 14 Accepting Credit Card Payments from Customers 15 14 Declined Credit Cards 15 14 Checks 16 14 Tax Rate 16 14 Customer Service Support 17 15 Retailing and Marketing 17 16 CONSULTANT STATUS 18 16 Independent Status & Compliance with Applicable Law 18 16 Responsibilities of Pink Zebra Consultants 18 17 Earnings Claims 16 Consultant’s Code of Ethics 19 17 Sales and Reselling of Current Catalog Products 19 18 Discounts or Promotions Regarding Enrollment Kits 20 18 Competitive Recruiting & Competitive Selling 20 18 Becoming an Independent Consultant 20 19 Active 20 19 Inactive 20 19 Monthly Requirements 21 20 ZebraNET/ZebraNET APP/ZebraREACH Fees 21 20 Team Roll-ups 22 20 Switching Uplines 22 20 Termination 22 21 Resignation 22 21 Promotions 23 21 Leadership Awards 23 21 Titles 24 22 Selling or Transferring a Business 24 22 Death 24 22 The Xxxx Xxxxxx Survivor Benefit 24 22 Referrals 24 23 Website “Find A Consultant” Locator 25 23 Critical Status 25 23 Income Tax Form 1099 26 24 Disciplinary Actions 27 25 Rallies and Reunion Presenter Guidelines 27 25 Right to Make Changes 28 25 ORDERS 28 25 Types of Orders 28 26 Back Orders 28 26 Commissionable and NON-COMMISSIONABLE Orders 28 26 Order Statuses 29 27 Orders Older Than 60 Days 29 27 MARKETING AND ADVERTISING 29 27 E-Commerce and Website Advertising 29 27 Independent Consultant Logo Use Guidelines 31 28 Pink Zebra (Home Office) Logo Use Guidelines 31 28 Paisley Head Logo Use Guidelines 31 29 Pink Zebra ScentFlirt 32 29 Pink Zebra Home Facebook 32 29 Corporate Social Media Sites 32 Error! Bookmark not defined. Social Networking 32 30 Discount Sites / Lottery / Gambling 33 30 Quarter Auctions for Charity 34 31 Online Classified Ad Site, Auction Sites, Shopping Sites, And Order Fulfillment Stores 34 31 Online Community Pages/Groups (buy-Sell Pages/Groups, garage Sales, Home Based Business Pages, Advertising Groups, Etc.) 34 Consultants Social Media Pages/Groups 35 32 Social Media Etiquette/Professionalism 35 32 Truth In Advertising 35 33 Domain Names, Email Addresses And Online Aliases 35 33 Search Engine Optimization (SEO) 36 33 Pink Zebra Links 36 33 Banner Advertising 36 33 Digital Media 36 33 CONFLICTS OF INTEREST 36 34 Competitive Selling 36 34 Competitive Sponsoring 37 34 Team Sponsoring 37 34 TRADEMARK & INTELLECTUAL PROPERTIES 37 34 Trademark 37 34 Logo Use 37 34 Patents 38 35 Pink Zebra Literature 38 35 Copyright / Intellectual Property Other Than Pink Zebra 39 36 CAREER PLAN 39 36 Introduction 39 36 Marketing Phases 39 36 Overview 40 36 Social Consultant 40 37 Base Commissions 40 37 Enhancing Your Commissions 41 37 Leadership Bonuses: Working With Others to Build a Team 41 38 Sponsoring Bonus 42 38 Strategic Placement Option (active qualified Executive Consultant or higher rank) 42 39 Mentoring Bonus 43 39 How to Qualify For and Maintain Your Leadership Benefits 43 39 Career Plan Overview 45 41 Executive Phase Generation Bonuses 45 42 How to Qualify and Maintain Your Executive Level Benefits 47 44 DEFINITIONS 49 45 Bonus 49 45 Bonus Qualified 49 Base Commission 49 46 Career Plan 49 46 Current Rank 49 46 Commission Period 49 46 Commissionable Volume 49 46 Downline 49 Director Generation 50 46 Enroller 50 46 Executive Manager Generation 50 46 Frontline 50 46 Group Volume (GV) 50 47 Group 50 47 Hold Status 50 47 Leadership Commission 47 Leg 47 Level 50 Leg 50 Xxxxx 00 Xxxxxxxxxxx 50 Maintenance 47 Pay Rank 51 47 Pink Dollars 51 47 Policies & Procedures 51 47 Qualifying Group Volume 51 47 Quick Start Incentive 51 48 Sales Volume (SV) 51 48 Sponsor 51 48 Team 51 ZebraNet 52 48 60% & 40% Rule 52 48 GENERAL GUIDELINES GUIDELINES COMMISSION PERIOD PERIOD A commission period is defined by calendar months. The final cut-off date for monthly commissions is the last day of the month at 11:59 PM EST (refer to Time Zone). The commission period for the prior month closes no later than the 10th day of the following month at which time all promotions, titles and ranks are changed and commission and bonuses are paid accordingly. Note: All non-party orders are based on posted status and party orders are based on settlement status within the commission period. DIRECT DEPOSIT DEPOSIT Consultants are paid any commission and bonus via direct deposit once the commission period has closed for the prior month if your ZebraNET profile is set up with direct deposit information. Pink Zebra does not issue checks and if you have not set your profile up as Direct Deposit, then you will be paid via E-Wallet (see below). Commission and bonus will be paid no later than the 10th day of the following month. Should you enter incorrect deposit account information into your ZebraNET profile and your direct deposit is returned undeliverable, we will not process a second direct deposit for you – however, we will deposit your funds into your E-Wallet account. COMMISSIONS PAID THROUGH E-WALLET WALLET Pink Zebra does not issue checks for commission or bonus. If Direct Deposit is not used, then E-Wallet is the method of payment. E-Wallet is a form of payment where your proceeds are added to your online Pink Zebra account. Your E-Wallet holds your money and you may purchase product, or transfer monies to a financial institution. E-Wallet must be set up prior to commission being processed designating either a dollar or percentage amount that should be transferred to your financial institution through E-Wallet. This MUST be done before the 1st day of the month (for the upcoming commission payments), OR funds will not be transferred to a financial institution until the following month. For example: A Consultant earns $1,000 as a commission and has their earnings payment method in their home office profile set to direct deposit. You may determine that you want $400 to remain in your E-Wallet account and $600 to go to your financial institution. On or before the 1st day of the month, you need to set your E-Wallet account up to assign $400 (or could be a percent) to be transferred to your E-Wallet – the balance will be sent to your financial institution. Any funds in the E-E- Wallet account may be used for products but would not be available for transfer to your financial institution until the next commission run (the following month). Commission and bonus will be paid no later than the 10th day of the following month. COMMISSION MINIMUM MINIMUM There is no minimum amount required to be earned to receive a commission. SHIPPING & PROCESSING TIME TIME Pink Zebra will choose the method of shipping depending on the overall cost, weight and zip code of the order’s ship-to address. Orders under 10 pounds will be sent via our carriers parcel post and orders over 10 pounds will ship direct through the carrier. Consultants must always provide Pink Zebra with a street address for shipping purposes. Pink Zebra will not ship to post office boxes. All orders will ship from the Sugar Land, TX warehouse within five business days of order. Party orders ship within five business days of the date the Consultant closes (settles) the Party. Pink Zebra will attempt to process most orders within one to two business days, but during peak times, it may be necessary to extend shipping times up to five business days. Any order placed via 2-Day are processed the day after they are placed and then shipped using FedEx 2-Day Business. FedEx 2-Day does not count a weekend or holiday as a day. Orders under 10 pounds will ship via Smart Post which go through the postal system. Orders over 10 pounds will ship via Ground. Due to the extreme heat in the summer months, there may be limitations to what days of the week orders ship. This is to prevent orders from sitting in the shipper’s warehouse and docks over weekends. Any updates will be posted on ZebraNET. Shipping Rates Effective July 2021 2023 - Shipping rates for party, customer, Consultant, and shopping cart are as follows: Consultant Order Party Order Host Awards Customer/Website Order ScentFlirt Enrollment Order Continental US Up to $59.99 Retail = $10 Over $60.00 Retail is FREE Up to $59.99 Retail = $10 Over $60.00 Retail is FREE Up to $59.99 = $10. Over $60.00 = FREE Up to $59.99 Retail = $10 Over $60.00 Retail is FREE $4.00 Deluxe Both Kits - $30 Starter - $25 22 Continental US 3-5 Business Day Orders over $49.99 are $4.88 and orders under $49.99 are $12.88 Orders over $49.99 are $4.88 and orders under $49.99 are $12.88 NA Orders over $49.99 are $4.88 and orders under $49.99 are $12.88 NA NA Continental US 2 Day $15 or 25% of Retail whichever is greater $15 or 25% of Retail whichever is greater NA $15 or 25% of Retail whichever is greater NA NA AK, HI, PR, US Virgin Islands $0 - $49.99 = $10 $50.00 - $199.99 = 20% $200.00 & over = 10% $0 - $49.99 = $10 $50.00 - $199.99 = 20% $200.00 & over = 10% Up to $59.99 = $10. Over $60.00 = FREE $0 - $49.99 = $10 $50.00 - $199.99 = 20% $200.00 & over = 10% $8.00 Deluxe Both Kits - $45 Starter - $35 32 Canada NA NA NA NA NA Deluxe Both Kits - $40 Starter - $30 28 Certain states require the collection of sales tax on shipping charges. These taxes will be assessed and collected on orders in accordance with the current state laws. SALES TAX ON ITEMS ITEMS All items (including Host items) are charged sales tax based on the full retail of the product even though there may be a discount allowed. This is in compliance with state tax rules applicable to our direct sales industry. States tax direct sales transactions differently than normal retail sales. Our agreements with states (including California) to collect sales tax at the full retail value is what grants Consultants an exemption on having to individually register for sales tax to re-sell Pink Zebra products. The states assume that all product sold to our Consultants will be resold to an end consumer at retail value. By our collecting the full retail sales tax up front, we are voluntarily acting as a sales tax agent for the Consultants, relieving them of the burden of collecting and remitting sales tax for their orders placed through Pink Zebra. GUARANTEE GUARANTEE Pink Zebra guarantees all products. Defective products can be returned within 45 days of product shipment from Pink Zebra for exchange of other products of equal or greater value. If the item being exchanged is a limited edition or seasonal item, and the product is no longer available, it may be exchanged for another item of equal or greater value. At the discretion of Pink Zebra, any defective product may be required to be returned to the home office so that Pink Zebra can verify that the item does not meet product specifications. All returned items must be accompanied with a receipt and order number. When a defective item is returned, Pink Zebra will pay the shipping fees. The Company will provide a Call Tag or Returns Material Authorization (RMA) to cover the shipping charges for a defective item return. EXCHANGE POLICY If a customer is not completely satisfied with a Pink Zebra product for any reason, he or she may exchange it within 45 days of the original order’s ship date. Order errors resulting from an incorrectly written or entered part number will be handled as exchanges. The exchanged product must be accompanied by the receipt, trouble ticket number and order number. The item must be exchanged for products of equal or greater value and any price difference would be the responsibility of the customer/Consultant. The item being exchanged must be featured in the current catalog. The customer or Consultant must pay the cost to ship the product back to Pink Zebra and Pink will ship the replacement product for free. If the item being exchanged is a limited edition or seasonal item and the product is no longer available, it may be exchanged for another item of equal or greater value. REFUNDS Pink Zebra does offer refunds on cancelled orders within 45 days as long as the receipt is provided. A refund will be for the price of the product and does not include shipping. A refund may take up to 5 business days to be reflected back to the credit card based on the individual’s financial institution. CREDIT CARD PAYMENT Customer Service will no longer accept credit card information from Consultants and Customers without first having them agree to our verbal statement/terms as follows: “Please confirm that you are hereby authorizing Pink Zebra to charge your credit card $ on your order” Customer Service will only receive that information verbally with approval and will not write down or keep any credit card information. INVENTORY RETURNS Upon cancellation or termination of a Consultant’s Agreement, the Consultant may return for a refund inventory and sales aids that he/she personally purchased from the Company if he or she is unable to sell or use the merchandise. A Consultant may only return products and sales aids purchased by him or her that are in resalable condition. Upon receipt of the products and sales aids, the Consultant will be reimbursed 90% of the net cost of the original purchase price(s), less shipping charges. The Company shall deduct from the reimbursement paid to the Consultant any commissions, bonuses, rebates or other incentives received by the Consultant which were associated with the merchandise that is returned. Products and sales aids shall be deemed "resalable" if each of the following elements is satisfied: 1) they are unopened and unused; 2) packaging and labeling has not been altered or damaged; 3) the product and packaging are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price; 4) products are returned to Pink Zebra within one year from the date of purchase; 5) the product contains current Pink Zebra labeling. Any merchandise that is clearly identified at the time of sale as non-returnable discontinued, or as a seasonal item, shall not be resalable. The Consultant returning the merchandise is responsible for all return shipping charges. SUBSTITUTIONS From time to time, Pink Zebra may need to make a substitution for a raw material or finished good. Pink Zebra reserves the right to substitute a component of similar value, purpose and quality for a product or component that has changed. These substitutions will not affect the fragrance or quality of any of our products. These substitutions may result in a difference between the specifications of the final product and those included in the catalog or other Pink Zebra publications. ALTERING PINK ZEBRA PRODUCTS Any alteration of a Pink Zebra product by Consultants, such as re-melting and repackaging, for reselling is prohibited as is altering any product in an image for any marketing purpose. Consultants may NOT repackage Pink Zebra’s products other than adding a personalized sticker that does not obstruct the Pink Zebra logo or labeling and must ensure that the products are sold and delivered in their original packaging to the customers. INTERNATIONAL SALES Consultants are not authorized to sell Pink Zebra products to anyone residing outside of the United States and its Territories at this time. Consultants may sponsor in both the United States and Canada but due to the business tax implications, Pink Zebra websites only allow Consultants to make sales in the country in which they reside.
Appears in 1 contract
Samples: Independent Contractor Agreement
Online Agreement. This agreement is an online agreement that is being executed in keeping with applicable federal and state laws. If You are a resident of the state of Texas, this agreement is subject to the provisions of Chapter 322 of the Texas Business and Commerce Code. United States Career Plan Contents GENERAL GUIDELINES 11 Commission Period 11 Direct Deposit 11 Commissions Paid Through E-Wallet 11 Commission Minimum 11 Shipping & Processing Time 11 Sales Tax on Items 13 Guarantee 13 Exchange Policy 13 Refunds 14 Credit Card Payment 14 Inventory Returns 14 Substitutions 14 Altering Pink Zebra Products 15 International Sales 15 U.S. Territories 15 APO / FPO Locations 15 Time Zone 15 Accepting Credit Card Payments from Customers 15 Declined Credit Cards 15 Checks 16 Tax Rate 16 Customer Service Support 17 Retailing and Marketing 17 CONSULTANT STATUS 18 Independent Status & Compliance with Applicable Law 18 Responsibilities of Pink Zebra Consultants 18 Earnings Claims 17 Consultant’s Code of Ethics 19 Sales and Reselling of Current Catalog Products 19 20 Discounts or Promotions Regarding Enrollment Kits 20 Competitive Recruiting & Competitive Selling 20 Becoming an Independent Consultant 20 21 Active 20 21 Inactive 20 21 Monthly Requirements 21 22 ZebraNET/ZebraNET APP/ZebraREACH Fees 21 22 Team Roll-ups 22 Switching Uplines 22 Termination 22 Resignation 22 23 Promotions 23 Leadership Awards 23 Titles 24 Selling or Transferring a Business 24 Death 24 The Xxxx Xxxxxx Survivor Benefit 24 25 Referrals 24 25 Website “Find A Consultant” Locator 25 Critical Status 25 26 Income Tax Form 1099 26 27 Disciplinary Actions 27 Rallies and Reunion Presenter Guidelines 27 Right to Make Changes 28 ORDERS 28 Types of Orders 28 Back Orders 28 29 Commissionable and NON-COMMISSIONABLE Orders 28 29 Order Statuses 29 Orders Older Than 60 Days 29 30 MARKETING AND ADVERTISING 29 30 E-Commerce and Website Advertising 29 30 Independent Consultant Logo Use Guidelines 31 Pink Zebra (Home Office) Logo Use Guidelines 31 Paisley Head Logo Use Guidelines 31 Pink Zebra ScentFlirt 32 Pink Zebra Home Facebook 32 Corporate Social Media Sites 32 Social Networking 32 33 Discount Sites / Lottery / Gambling 33 Quarter Auctions for Charity 34 Online Classified Ad Site, Auction Sites, Shopping Sites, And Order Fulfillment Stores 34 Online Community Pages/Groups (buy-Sell Pages/Groups, garage Sales, Home Based Business Pages, Advertising Groups, Etc.) 34 Consultants Social Media Pages/Groups 35 Social Media Etiquette/Professionalism 35 Truth In Advertising 35 Domain Names, Email Addresses And Online Aliases 35 36 Search Engine Optimization (SEO) 36 Pink Zebra Links 36 Banner Advertising 36 Digital Media 36 CONFLICTS OF INTEREST 36 37 Competitive Selling 36 37 Competitive Sponsoring 37 Team Sponsoring 37 TRADEMARK & INTELLECTUAL PROPERTIES 37 Trademark 37 Logo Use 37 38 Patents 38 39 Pink Zebra Literature 38 39 Copyright / Intellectual Property Other Than Pink Zebra 39 CAREER PLAN 39 Introduction 39 Marketing Phases 39 Overview 40 Social Consultant 40 Base Commissions 40 Enhancing Your Commissions 41 Leadership Bonuses: Working With Others to Build a Team 41 42 Sponsoring Bonus 42 Strategic Placement Option (active qualified Executive Consultant or higher rank) 42 Mentoring Bonus 43 How to Qualify For and Maintain Your Leadership Benefits 43 Career Plan Overview 45 Executive Phase Generation Bonuses 45 How to Qualify and Maintain Your Executive Level Benefits 47 DEFINITIONS 49 Bonus 49 Bonus Qualified 49 Base Commission 49 Career Plan 49 Current Rank 49 Commission Period 49 Commissionable Volume 49 Downline 49 50 Director Generation 50 Enroller 50 Executive Manager Generation 50 Frontline 50 Group Volume (GV) 50 Group 50 Hold Status 50 Leadership Commission 50 Leg 50 Xxxxx 00 Xxxxxxxxxxx 50 51 Pay Rank 51 Pink Dollars 51 Policies & Procedures 51 Qualifying Group Volume 51 Quick Start Incentive 51 Sales Volume (SV) 51 Sponsor 51 Team 51 ZebraNet 52 60% & 40% Rule 52 GENERAL GUIDELINES COMMISSION PERIOD A commission period is defined by calendar months. The final cut-off date for monthly commissions is the last day of the month at 11:59 PM EST (refer to Time Zone). The commission period for the prior month closes no later than the 10th day of the following month at which time all promotions, titles and ranks are changed and commission and bonuses are paid accordingly. Note: All non-party orders are based on posted status and party orders are based on settlement status within the commission period. DIRECT DEPOSIT Consultants are paid any commission and bonus via direct deposit once the commission period has closed for the prior month if your ZebraNET profile is set up with direct deposit information. Pink Zebra does not issue checks and if you have not set your profile up as Direct Deposit, then you will be paid via E-Wallet (see below). Commission and bonus will be paid no later than the 10th day of the following month. Should you enter incorrect deposit account information into your ZebraNET profile and your direct deposit is returned undeliverable, we will not process a second direct deposit for you – however, we will deposit your funds into your E-Wallet account. COMMISSIONS PAID THROUGH E-WALLET Pink Zebra does not issue checks for commission or bonus. If Direct Deposit is not used, then E-Wallet is the method of payment. E-Wallet is a form of payment where your proceeds are added to your online Pink Zebra account. Your E-Wallet holds your money and you may purchase product, or transfer monies to a financial institution. E-Wallet must be set up prior to commission being processed designating either a dollar or percentage amount that should be transferred to your financial institution through E-Wallet. This MUST be done before the 1st day of the month (for the upcoming commission payments), OR funds will not be transferred to a financial institution until the following month. For example: A Consultant earns $1,000 as a commission and has their earnings payment method in their home office profile set to direct deposit. You may determine that you want $400 to remain in your E-Wallet account and $600 to go to your financial institution. On or before the 1st day of the month, you need to set your E-Wallet account up to assign $400 (or could be a percent) to be transferred to your E-Wallet – the balance will be sent to your financial institution. Any funds in the E-Wallet account may be used for products but would not be available for transfer to your financial institution until the next commission run (the following month). Commission and bonus will be paid no later than the 10th day of the following month. COMMISSION MINIMUM There is no minimum amount required to be earned to receive a commission. SHIPPING & PROCESSING TIME Pink Zebra will choose the method of shipping depending on the overall cost, weight and zip code of the order’s ship-to address. Orders under 10 pounds will be sent via our carriers parcel post and orders over 10 pounds will ship direct through the carrier. Consultants must always provide Pink Zebra with a street address for shipping purposes. Pink Zebra will not ship to post office boxes. All orders will ship from the Sugar Land, TX warehouse within five business days of order. Party orders ship within five business days of the date the Consultant closes (settles) the Party. Pink Zebra will attempt to process most orders within one to two business days, but during peak times, it may be necessary to extend shipping times up to five business days. Any order placed via 2-Day are processed the day after they are placed and then shipped using FedEx 2-Day Business. FedEx 2-Day does not count a weekend or holiday as a day. Orders under 10 pounds will ship via Smart Post which go through the postal system. Orders over 10 pounds will ship via Ground. Due to the extreme heat in the summer months, there may be limitations to what days of the week orders ship. This is to prevent orders from sitting in the shipper’s warehouse and docks over weekends. Any updates will be posted on ZebraNET. Shipping Rates Effective July 2021 - Shipping rates for party, customer, Consultant, and shopping cart are as follows: Consultant Order Party Order Host Awards Customer/Website Order ScentFlirt Enrollment Order Continental US Up to $59.99 Retail = $10 Over $60.00 Retail is FREE Up to $59.99 Retail = $10 Over $60.00 Retail is FREE Up to $59.99 = $10. Over $60.00 = FREE Up to $59.99 Retail = $10 Over $60.00 Retail is FREE $4.00 Deluxe - $30 Starter - $25 Continental US 3-5 Business Day Orders over $49.99 are $4.88 and orders under $49.99 are $12.88 Orders over $49.99 are $4.88 and orders under $49.99 are $12.88 NA Orders over $49.99 are $4.88 and orders under $49.99 are $12.88 NA NA Continental US 2 Day $15 or 25% of Retail whichever is greater $15 or 25% of Retail whichever is greater NA $15 or 25% of Retail whichever is greater NA NA AK, HI, PR, US Virgin Islands $0 - $49.99 = $10 $50.00 - $199.99 = 20% $200.00 & over = 10% $0 - $49.99 = $10 $50.00 - $199.99 = 20% $200.00 & over = 10% Up to $59.99 = $10. Over $60.00 = FREE $0 - $49.99 = $10 $50.00 - $199.99 = 20% $200.00 & over = 10% $8.00 Deluxe - $45 Starter - $35 Canada NA NA NA NA NA Deluxe - $40 Starter - $30 Certain states require the collection of sales tax on shipping charges. These taxes will be assessed and collected on orders in accordance with the current state laws. SALES TAX ON ITEMS All items (including Host items) are charged sales tax based on the full retail of the product even though there may be a discount allowed. This is in compliance with state tax rules applicable to our direct sales industry. States tax direct sales transactions differently than normal retail sales. Our agreements with states (including California) to collect sales tax at the full retail value is what grants Consultants an exemption on having to individually register for sales tax to re-sell Pink Zebra products. The states assume that all product sold to our Consultants will be resold to an end consumer at retail value. By our collecting the full retail sales tax up front, we are voluntarily acting as a sales tax agent for the Consultants, relieving them of the burden of collecting and remitting sales tax for their orders placed through Pink Zebra. GUARANTEE Pink Zebra guarantees all products. Defective products can be returned within 45 days of product shipment from Pink Zebra for exchange of other products of equal or greater value. If the item being exchanged is a limited edition or seasonal item, and the product is no longer available, it may be exchanged for another item of equal or greater value. At the discretion of Pink Zebra, any defective product may be required to be returned to the home office so that Pink Zebra can verify that the item does not meet product specifications. All returned items must be accompanied with a receipt and order number. When a defective item is returned, Pink Zebra will pay the shipping fees. The Company will provide a Call Tag or Returns Material Authorization (RMA) to cover the shipping charges for a defective item return.
Appears in 1 contract
Samples: Independent Contractor Agreement
