STYLE PARTNERS POLICIES AND PROCEDURES
1.1 Mutual Commitment Statement
As a Style Dots Style Partner, it is important for you to familiarise yourself with Style Dots’s expectations, policies and opportunities for success. If you have any questions, please consult with your Style Dots Mentor.
A. In the spirit of mutual respect and understanding, Style Dots is committed to:
I. Provide prompt, professional and courteous service and communications to all of its Style Partners and customers;
II. Provide the highest quality products, at fair and reasonable prices;
III. Exchange or refund the purchase price of any product, service or membership as provided in our Return Policy;
IV. Deliver orders promptly and accurately;
V. Expedite orders or checks if an error or unreasonable delay occurs;
VI. Roll out new products and programs;
VII. Implement changes in the Compensation Plan or Policies and Procedures that affect the Style Partner;
VIII. Support, protect and defend the integrity of the Style Dots Business Opportunity;
B. In return, Style Dots expects that its Style Partners will:
I. Conduct themselves in a professional, honest, and considerate manner;
II. Present Style Dots corporate and product information in an accurate and professional manner;
III. Present the Compensation Plan and Return Policy in a complete and accurate manner;
1.2 Style Dots Policies and Compensation Plan Incorporated into the Style Partner Agreement
A. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Style Dots agreement, these Policies and Procedures, and the Style Dots Compensation Plan.
B. It is the responsibility of the mentoring Boutique Partner to provide the most current version of these Policies and Procedures (available on the Style Dots Web site) the Style Dots Income Disclosure and the Style Dots Compensation Plan to each applicant prior to his or her execution of a Style Partner agreement.
1.3 Purpose of Policies
A. Style Dots is a direct sales company that markets products and services through Independent Boutique Partners and Style Partners. To clearly define the relationship that exists between Style Partners and Style Dots, and to explicitly set a standard for acceptable business conduct, Style Dots has established these Style Partners Policies and Procedures.
B. Style Dots Style Partners are required to comply with (i) all of the Terms and Conditions set forth in the Style Partner Agreement, which Style Dots may amend in its sole discretion; (ii) all Federal, state, territorial, and local laws governing his or her Style Dots business; and (iii) these Policies and Procedures.
1.4 Changes, Amendments, and Modifications
A. Because federal, state, and local laws, as well as the business environment, periodically change, Style Dots reserves the right to amend the Agreement and the prices in its Style Dots Product Price List in its sole and absolute discretion. Notification of amendments shall appear in Official Style Dots Materials. This provision does NOT apply to the arbitration clause found in Section 13, which can only be modified via mutual consent.
B. Any such amendment, change, or modification shall be effective immediately upon notice by posting on the official Style Dots Web site or via email.
2.0 BASIC PRINCIPLES
2.1 Becoming a Style Dots Style Partner
A. To become a Style Partner, an applicant must comply with the following requirements:
I. Be of the age of majority in his or her state of residence, unless a properly executed Minor Application Form is executed;
II. Reside or have a valid address in Australia;
III. Have a valid Tax File Number;
IV. Submit a properly completed and signed Style Partner Agreement and necessary Financial Documents to Style Dots;
2.2 New Style Partner Registration
A. When available a potential new Style Partner may self-enrol on the Boutique Partner mentor’s web site. In such event, instead of a physically signed Style Partner agreement, Style Dots will accept the web enrolment and Style Partner agreement by accepting the “electronic signature” stating the new Style Partner has accepted the terms and conditions of such Style Partner agreement. Please note that such electronic signature constitutes a legally binding agreement between the Style Partner and Style Dots.
B. Style Dots reserves the right to require signed paperwork for any account, regardless of origin.
C. If requested the signed Style Partner Agreement must be received by Style Dots within14 days of enrolment.
2.3 Rights Granted
A. Style Dots hereby grants to the Style Partner a non-exclusive right, based upon the terms and conditions contained in the Style Partner agreement and these Policies and Procedures, to:
I. Purchase Style Dots products and services;
II. Promote and sell Style Dots products and services
III. Style Partners do not build sales teams or participate in Boutique Partner bonuses, challenges, or contests.
2.4 Identification Numbers
A. Style Dots reserves the right to withhold commission payments from any Style Partner who fails to provide requested financial information own their financial documentation or who provides false information. If completed Financial Documents are not received within 30 days of enrolment, Style Dots reserves the right to terminate the Style Partner Agreement and corresponding account.
B. Upon enrolment, Style Dots will provide a Style Dots login to the Style Partner. This will be used to place orders.
2.5 Renewals and Expiration of the Style Partner Agreement
The term of the Style Partner Agreement is for one rolling quarter beginning with the Style Partner’s official enrolment date. The agreement may continue with the purchase of $200 personal volume (PV) within the rolling quarter time period. Continuation of a Style Partner’s business following renewal by the Company constitutes the Style Partner’s acceptance of the renewal of the Style Partner Agreement.
A. If the Style Partner agreement expires the Style Partner will be terminated
B. A Style Partner may “upgrade” as a Style Dots Boutique Partner at any time and will be required to purchase an upgrade business showcase as well as a signed Style Dots Boutique Partner Agreement. Commissions, Bonuses, and any compensation as a Boutique Partner starts from the date of enrolment as a Boutique Partner and is not retro-active in any way.
2.6 Personal Web Site (PWS) Requirements:
A. A Style Partner will not have a Style Dots Personal Web Site (PWS).
2.7 Business Entities
A. A Style Partner may not join Style Dots as a business entity.
2.8 Independent Business Relationship; Indemnification for Actions
A. The Style Dots Style Partner is an independent contractor, and not a purchaser of a franchise or business opportunity. Therefore, each Style Partner’s success depends on his or her independent efforts.
B. The agreement between Style Dots and its Style Partners does not create an employer/employee relationship, agency, partnership, or joint venture between Style Dots and the Style Partner.
C. The Style Dots Style Partner is fully responsible for all of his or her verbal and written communications made regarding Style Dots products, services, and the compensation plan that are not expressly contained within official Style Dots materials. Style Partners shall indemnify and hold harmless Style Dots, its directors, officers, employees, and agents from any and against all liability including judgments, civil penalties, refunds, attorney fees and court costs incurred by Style Dots as a result of the Style Partner’s unauthorised representations or actions. This Provision shall survive the termination of the Style Dots Style Partner agreement.
2.9 Errors or Questions
A. If a Style Partner has questions about, or believes any errors have been made regarding commissions, bonuses, business reports, orders, or charges, the Style Partner must notify Style Dots in writing within 30 days of the date of the error or incident in question. Any such errors, omissions or problems not reported within 30 days shall be deemed waived by the Style Partner.
3.0 Style Dots’s Style Partner Responsibilities
3.1 Correct Addresses
A. It is the responsibility of the Style Partner or customer to make sure Style Dots has the correct shipping address before any orders are shipped.
B. A Style Partner or Customer will need to allow up to 30 days for processing after the notice of address change has been received by Style Dots.
C. A Style Partner or customer may be assigned a $20 fee for returned shipments due to an incorrect shipping address.
3.2 Training and Leadership
A. Use of Sales Aids. To promote both the products and the opportunity Style Dots offers, Style Partners must use the sales aids and support materials produced by Style Dots. If Style Dots Style Partners develop their own sales aids and promotional materials, which include Internet advertising, notwithstanding Style Partners’ good intentions, they may unintentionally violate any number of statutes or regulations affecting a Style Dots business. These violations, although they may be relatively few in numbers, could jeopardise the Style Dots opportunity for all Style and Boutique Partners. Accordingly, Style Partners must submit all written sales aids, promotional materials, advertisements, websites and other literature to the Company for Company’s approval prior to use. Unless the Style Partner receives specific written approval to use the material, the request shall be deemed denied. All Style Partners shall safeguard and promote the good reputation of Style Dots and its products. The marketing and promotion of Style Dots, the Style Dots opportunity, the Compensation Plan, and Style Dots products and services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
3.3 Constructive Criticism; Ethics
A. Style Dots desires to provide its independent Style Partners with the best products and services and Compensation Plan in the industry. Accordingly, Style Dots values constructive criticism and encourages the submission of written comments addressed to Style Dots compliance department.
B. Negative and disparaging comments about Style Dots, its products or Compensation Plan, by Style Partners made to Style Dots, in the Field or at Style Dots meetings or events, or disruptive behaviour at Style Dots meetings or events, serve no purpose other than to dampen the enthusiasm of other Style Dots Style and Boutique Partners. Style Dots Style Partners must not belittle Style Dots, other Style Dots Style and Boutique Partners, Style Dots products or services, the Compensation Plan, or Style Dots directors, officers, or employees. Such conduct represents a material breach of these Policies and Procedures and may be subject to sanctions as deemed appropriate by Style Dots.
C. Style Dots endorses the following code of ethics:
I. A Style Dots Style Partner must show fairness, tolerance, and respect to all people associated with Style Dots, regardless of race, gender, social class or religion, thereby fostering a “positive atmosphere” of teamwork, good morale and community spirit.
II. A Style Partner shall strive to resolve business issues, including situations with up line Style Partners, by emphasising tact, sensitivity, good will and taking care not to create additional problems.
III. Style Dots Style Partners must be honest, responsible, and professional and conduct themselves with integrity.
IV. Style Dots Style Partners shall not make disparaging statements about Style Dots, other Style and Boutique Partners, Style Dots employees, products, services, sales and marketing campaigns, or the Compensation Plans, or make statements that unreasonably offend, mislead or coerce others.
D. Style Dots may take appropriate action against a Style Partner if it determines, in its sole discretion, that a Style Partner’s conduct is detrimental, disruptive, or injurious to Style Dots or to other Style and Boutique Partners.
3.4 Reporting Policy Violation
A. A Style Partner who observes a policy violation by another Style and Boutique Partner should submit an email of the violation directly to the Style Dots Corporate office. The letter shall set forth the details of the incident as follows:
I. The nature of the violation;
II. Specific facts to support the allegations;
IV. Number of occurrences;
V. Persons involved; and
VI. Supporting documentation
B. Once the matter has been presented to Style Dots, it will be researched thoroughly by the Compliance department and appropriate action will be taken if required.
A. The mentor is the person who introduces a Style Partner or customer to Style Dots, helps them complete their enrolment, and supports and trains those in their down line.
B. Style Dots recognises the mentor as the name(s) shown on the first:
I. Physically signed Style Dots Style Partner agreement on file; or
II. Electronically signed Style Partner agreement from a web site or a Style Dots Style Partner’s web site.
C. All Style Partners do not have the right to mentor new Style or Boutique Partners and add them to their team. Style Partners do not have a down line team.
3.6 Compliance with Applicable Income Tax Laws
A. Style Dots will automatically provide a monthly commission report to each boutique partner via their website.
B. Style Dots encourages all boutique partners to consult with a tax advisor for additional information for their business regarding their earnings from the purchased of Style Dots products for resale or who have received free product, product credit, trips, prizes or awards.
3.7 Actions of Household Members or Affiliated Parties
If any member of a Boutique Partner’s immediate household engages in any activity which, if performed by the Boutique Partner, would violate any provision of the Agreement, such activity will be deemed a violation by the Boutique Partner and Style Dots may take disciplinary action pursuant to these Policies and Procedures against the Boutique Partner. Similarly, if any individual associated in any way with a corporation, partnership, PtyLtd company, trust or other entity (collectively “Business Entity”) violates the Agreement, such action(s) will be deemed a violation by the Business Entity, and Style Dots may take disciplinary action against the Business Entity. Likewise, if a Boutique Partner enrols in Style Dots as a Business Entity, each Affiliated Party of the Business Entity shall be personally and individually bound to, and must comply with, the terms and conditions of the Agreement.
3.8 Solicitation for Other Companies or Products
1 A Style Dots Style Partner may participate in other direct sales, multilevel, network marketing or relationship marketing business ventures or marketing opportunities. However, during the Term of this Agreement and for one (1) year thereafter, a Style Dots Style Partner may not recruit any Style Dots Style or Boutique Partner or Customer for any other direct sales or network marketing business.
B. The term “recruit” means actual or attempted solicitation, enrolment, encouragement, or effort to influence in any other way (either directly or through a third party), another Style Partner, Boutique Partner or Customer to enrol or participate in any direct sales or network marketing opportunity. This conduct represents recruiting even if the Style Partner’s actions are in response to an inquiry made by another Style Partner, Boutique Partner or Customer.
C. During the term of this Agreement and for a period of six (6) months thereafter, any Style Dots Style Partner must not sell, or entice others to sell, any competing products or services, including training materials, to Style Dots Customers, Style Partners or Boutique Partners. Any product or service in the same category as a Style Dots product or service is deemed to be competing (i.e., any competing product or service regardless of differences in cost or quality.
D. A Style Partner may not display or bundle Style Dots products or services, in sales literature, on a website or in sales meetings, with any other products or services to avoid confusing or misleading a prospective Customer, Style Partner, or Boutique Partner into believing there is a relationship between the Style Dots and non-Style Dots products and services.
E. A Style Dots Style Partner may not offer any non-Style Dots opportunity, products or services at any Style Dots related social, event, meeting, seminar or convention, or immediately following a Style Dots event.
F. A violation of any of the provisions in this section shall constitute unreasonable and unwarranted contractual interference between Style Dots and its Style Partners and would inflict irreparable harm on Style Dots. In such event, Style Dots may, at its sole discretion, impose any sanction it deems necessary and appropriate against such Style Partner or such Style Partner’s distributorships including termination, or seek immediate injunctive relief without the necessity of posting a bond.
3.9 Presentation of the Style Dots Opportunity
A. While a Style Dots Style Partner may not mentor or build a down line sales team they may present the Style Dots Opportunity to prospective Style or Boutique Partners. In presenting the Style Dots opportunity to potential customers and Style Partners, a Style Partner is required to comply with the following provisions:
I. A Style Partner shall not misquote or omit any significant material fact about the Style Partner Compensation Plan.
II. A Style Partner shall make it clear that the Style Dots Style Partner Compensation Plan is based upon sales of Style Dots products only.
III. A Style Partner shall make it clear that success can be achieved only through substantial independent efforts.
IV. A Style Dots Style Partner shall not make unauthorised income projections, claims, or guarantees while presenting or discussing the Style Dots opportunity or Compensation Plan to prospective Style Partners or Customers.
V. A Style Partner may not make any claims regarding products or services of any products offered by Style Dots, except those contained in official Style Dots literature.
VI. A Style Partner may not use official Style Dots material to promote the Style Dots business opportunity in any country where Style Dots has not established a “presence.”
3.10 Sales Requirements are governed by the Compensation Plan
A. Style Dots Style Partners may purchase Style Dots products and Style Dots will provide suggested selling prices. There are no exclusive territories granted to anyone. No franchise fees are applicable to a Style Dots business.
B. The Style Dots program is built on sales to the ultimate consumer. Style Dots encourages its Style Partners to only purchase inventory that they and their family will personally consume, will be used as a sales tool, or will be resold to others for their ultimate consumption. Style Partners must never attempt to influence any other Style Partner to buy more products than they can reasonably use or sell to retail customers in a month.
4.1 General Order Policies
A. If an order is found to be fraudulent, Style Dots Australia will delete the order and the Style Partner must re-order in compliance with Policies & Procedures.
B. A Style Partner shall not use another Style Partner’s or customer’s credit card or debit checking account to enrol in Style Dots or purchase products or services without the account holder’s written permission. Such documentation must be kept by the Style Partner indefinitely in case Style Dots needs to reference this.
C. Regarding an order with an invalid or incorrect payment, Style Dots will attempt to contact the Style Partner by phone, mail or email in order to obtain another form of payment. If these attempts are unsuccessful after 10 business days, the order will be cancelled.
D. Prices are subject to change without notice.
E. A Style Partner or Customer who is a recipient of a damaged or an incorrect order must notify Style Dots within 30 calendar days from receipt of the order and follow the procedures as set forth in these Policies.
4.2 Sales Tax Obligation
A. The Style Partner shall comply with all state and local taxes and regulations governing the sale of Style Dots products and services.
B. Style Dots will collect and remit sales tax on Style Partner orders. When orders are placed with Style Dots, sales tax is prepaid based upon the suggested retail price. Style Dots will remit the sales tax to the appropriate state and local jurisdictions. The Style Partner may recover the sales tax when he or she makes a sale. Style Dots Style Partners are responsible for any additional sales taxes due on products marked up and sold at a higher price.
5.0 PAYMENT OF COMMISSIONS & BONUSES
5.1 There are no team commissions or bonuses paid to a Style Partner.
6.0 REFUND POLICY AND RETURN OF BOUTIQUE SHOWCASE / SALES AIDES
Style Dots offers a one hundred percent (100%) thirty-day money back guarantee for all customers and Style Partners. If a customer purchased a product and is not satisfied with the product, the customer may request a refund from their Style Partner. All returns need to be in new, unopened and unused condition and can be resold as new. If you are not 100% satisfied with our products or are unable to sell them, you may return the items for a refund if neither you nor Style Dots have terminated the Agreement and the products were purchased within thirty days and remain in resalable, unused condition. This refund policy does not include items that are clearly marked as non-refundable at the point of sale. Non-refundable items would include seasonal items, clearance sales or any other promotion where the refund exception is clearly stated at the point of sale. The refund shall be 90% of the purchase price. Shipping and handling charges incurred will not be refunded.
Upon cancellation of the Agreement, the Style Partner may return their boutique showcase and any sales aids purchased within (30) days from the date of cancellation for a refund if he or she is unable to sell or use the merchandise. Style Partners may only return sales aids and boutique showcases that remain in Resalable condition. Upon receipt of the items, the Style Partner will be reimbursed ninety percent (90%) of the net cost of the original purchase price(s), less shipping charges. If the purchases were made through a credit card, the refund will be credited back to the same account.
6.1 Return Process
A. All returns, whether by a Customer, or Style Partner, must be made as follows:
I. Obtain RMA (Return Merchandise Authorisation) from Style Dots
II. If necessary, ship items to the address provided by Style Dots customer service when you are given your RMA.
III. Provide a copy of the invoice with the returned products or service. Such invoice must reference the RMA and include the reason for the return.
IV. Ship back product in manufactures box exactly as it was delivered.
B. All returns must be shipped to Style Dots pre-paid, as Style Dots does not accept shipping collect packages. Style Dots recommends shipping returned product by AusPost with tracking, as risk of loss in shipping the returned product shall be borne solely by the Customer, or Style Partner. If returned product is not received at Style Dots Distribution Centre. Labelling, it is the responsibility of the Customer, or Style Partner to trace the shipment and no credit will be applied.
9.0 ADVERTISING, PROMOTIONAL MATERIAL, USE OF COMPANY NAMES AND TRADEMARKS
9.1 Labelling, Packaging, and Displaying Products
A. A Style Dots Style Partner may not re-label, re-package, or alter labels of any Style Dots product, or service, information, materials or programs in any way. Style Dots products and services must only be sold in the original packaging from Style Dots. Such relabelling or re-packaging violates Federal and state laws, which may result in criminal or civil penalties or liability.
B. Style Dots reserves the right to refuse authorisation to participate at any function that it does not deem a suitable forum for the promotion of its products and services, or the Style Dots opportunity.
9.2 Use of Company Names and Protected Materials
A. A Style Dots Style Partner must safeguard and promote the good reputation of Style Dots and the products and services it markets. The marketing and promotion of Style Dots, the Style Dots opportunity, the Compensation Plan, and Style Dots products and services will be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct and practices.
B. All promotional materials supplied or created by Style Dots must be used in their original form and cannot be changed, amended or altered except with prior written approval from the Style Dots Compliance Department.
C. The name of Style Dots, each of its product names and other names that have been adopted by Style Dots in connection with its business are proprietary trade names, trademarks and service marks of Style Dots. As such, these marks are of great value to Style Dots and are supplied to Style Partners for their use only in an expressly authorised manner.
D. A Style Dots Style Partner’s use of the name Style Dots is restricted to protect Style Dots proprietary rights, ensuring that the Style Dots protected names will not be lost or compromised by unauthorised use. Use of the Style Dots name on any item not produced by Style Dots is prohibited except as follows:
I. [Style Partner’s name] Independent Style Dots Style Partner
II. [Style Partner’s name] Independent Style Partner of Style Dots products and services.
E. Style Dots reserves the right to rescind its prior approval of any sales aid or promotional material to comply with changing laws and regulations and may request the removal from the marketplace of such materials without financial obligation to the affected Style Partner.
F. A Style Partner shall not promote non-Style Dots products or services in conjunction with Style Dots products or services on the same Web sites or same advertisement without prior approval from Style Dots Compliance.
9.3 Internet Policies
A. When using the Internet to promote your Style Dots business, Style Partners must always use their names and distinguish themselves as an Independent Style Partner. Style Partners must never represent themselves on behalf of Style Dots nor shall they ever represent any of our contracted artisans.
B. All social media advertising that is not currently offered by Style Dots must be approved before use.
9.4 Advertising and Promotional Materials
A. Style Partners may not advertise any Style Dots products at a price LESS than the highest company published, established retail price of ONE offering of the Style Dots product plus shipping and applicable taxes. No special enticement advertising is allowed. This includes but is not limited to offers of free membership, free shipping, or other such offers that grant advantages beyond those available through Style Dots.
9.5 Testimonial Permission
A. By signing the Style Dots Style Partner Agreement, a Style Partner gives Style Dots permission to use his or her testimonial or image and likeness in corporate sales materials, including but not limited to print media, electronic media, audio and video. In consideration of being allowed to participate in the Style Dots Business Opportunity, a Style Partner waives any right to be compensated for the use of his or her testimonial or image and likeness even though Style Dots may be paid for items or sales materials containing such image and likeness. In some cases, a Style Partner’s testimonial may appear in another Style Partner’s advertising materials. If a Style Partner does not wish to participate in Style Dots sales and marketing materials, he or she should provide a written notice to the Style Dots Compliance Department to ensure that his or her testimonial or image and likeness will not be used in any corporate materials, corporate recognition pieces, advertising or recordings of annual events.
10.0 INTERNATIONAL MARKETING
10.1 International Marketing Policy
A. A Style Dots Style Partner is authorised to sell Style Dots products to customers in Australia. Style Dots Style Partners may not sell products or services in any country where Style Dots products and services have not received applicable government authorisation or approval.
B. A Style Partner may not, in any unauthorised country, conduct sales, enrolment or training meetings, enrol or attempt to enrol potential Customers, or Style Partners, nor conduct any other activity for the purpose of selling Style Dots products and services, establishing a sales organisation, or promoting the Style Dots business opportunity.
11.0 CHANGES TO A STYLE PARTNER BUSINESS
11.1 Change Mentor or Placement for Active Style Partners
A. Maintaining the integrity of the organisational structure is mandatory for the success of Style Dots and our independent Style Partners.
B. Style Dots retains the right to approve or deny any requests to change Mentor or Placement and to correct any errors related thereto at any time and in whatever manner it deems necessary.
11.2 Change Organisations
A. If a Style Dots Style Partner wishes to transfer organisations, he or she must submit a letter of resignation to the Style Dots Customer Service Department and remain inactive (place no orders, or be on an auto ship) from Style Dots for 6 months from the receipt of the letter before being eligible to re-enrol under a different Mentor/Placement.
B. Style Dots retains the right to approve or deny any request to re-enrol after a Style Partner’s resignation.
1 If re-enrolment is approved, the former Style Partner will be issued a new Style Dots ID number and will be required to submit a new Style Partner agreement.
11.4 Sell, Assign or Delegate Ownership
A. A Style Dots Style Partner may not sell any part of their Style Dots business.
11.5 Separating a Style Dots Business
A. A Style Partner may only be listed under one name and corresponding social security number.
11.6 Resignation/Voluntary Termination
A. A Style Partner may immediately terminate his or her position by submitting a written notice or email to the Style Dots Compliance Department. Written notice must include the following:
I. The Style Partner’s intent to resign;
II. Date of resignation;
III. Style Dots Identification Number;
IV. Reason for resigning; and
B. A Style Dots Style Partner may not use resignation as a way to immediately change Mentor and Placement. Instead, the Style Partner who has voluntarily resigned is not eligible to reapply for a position or have any financial interest in a Style Dots business for 6 months from the receipt of the written notice of resignation.
11.10 Involuntary Termination
A. Style Dots reserves the right to terminate a Style Partner’s position for, but not limited to, the following reasons;
I. Violation of any terms or conditions of the Style Partner agreement;
II. Violation of any provision in these Policies and Procedures;
III. Violation of any provision in the Compensation Plan;
IV. Violation of any applicable law, ordinance, or regulation regarding the Style Dots business;
V. Engaging in unethical business practices or violating standards of fair dealing.
VI. Not maintaining a good standing with Style Dots.
B. Style Dots will notify the Style Partner in writing by certified mail; return receipt requested or overnight documented mail, at his or her last known address of its intent to terminate the Style Partner’s position and the reasons for termination. The Style Partner will have 15 calendar days from the date of mailing of such notice to respond in writing to the allegations or claims constituting cause for termination as stated in the notice. Style Dots will then have 30 calendar days from the date of receipt of the Style Partner’s response to render a final decision as to termination.
C. If a decision is made by Style Dots to terminate the Style Partner’s position, Style Dots will inform the Style Partner in writing that the position is terminated effective as of the date of the written notification. The Style Partner will then have 15 calendar days from the date of mailing of such notice to appeal the termination in writing. Style Dots must receive the Style Partner’s written appeal within 20 calendar days of the date of the Style Dots termination letter. If the written appeal is not received within this time period, the termination will be considered final.
D. If the Style Partner does file a timely appeal of termination, Style Dots will review its decision, along with any other information it may deem relevant, reconsider any other appropriate action, and notify the Style Partner of its decision. The decision of Style Dots is then considered final and not subject to further review.
E. If the termination is not rescinded, the termination will be effective as of the date of the original termination notice by Style Dots. The former Style Partner shall thereafter be prohibited from using the names, marks or signs, labels, stationery, advertising, or business material referring to or relating to any Style Dots products or services. Style Dots will notify the active up line Mentor within 10 days after termination. The organisation of the terminated Style Partner will “roll up” to the active up line Mentor on record.
F. The Style Dots Style Partner who is involuntarily terminated by Style Dots may not re-apply for a position, either under his or her present name or any other name or entity, without the express written consent of an officer of Style Dots, following a review by the Style Dots Compliance Committee. In any event, such Style Partner may not re-apply for a position for 12 months from the date of termination.
11.11 Effect of Cancellation
A. Following a Style Partner’s cancellation for inactivity or voluntary or involuntary termination (collectively, a “cancellation”) such Style Partner:
I. Shall have no right, title, claim or interest to any commission or bonus from the sales generated payments in association with the Style Partner’s former independent position.
II. Effectively waives any and all claims to property rights or any interest in or to the Style Partner’s former business.
III. Shall receive commissions and bonuses only for the last full pay period in which he or she was active prior to cancellation, less any amounts withheld during an investigation preceding an involuntary cancellation, and less any other amounts owed to Style Dots.
12.0 DISCIPLINARY SANCTIONS
12.1 Imposition of Disciplinary Action - Purpose
A. It is the spirit of Style Dots that integrity and fairness should pervade among its Style Partners, thereby providing everyone with an equal opportunity to build a successful business. Therefore, Style Dots reserves the right to impose disciplinary sanctions at any time, when it has determined that a Style Partner has violated the agreement or any of these Policies and Procedures or the Compensation Plan as they may be amended from time to time by Style Dots.
12.2 Consequences and Remedies of Breach
A. Disciplinary actions may include one or more of the following:
I. Monitoring a Style Partner’s conduct over a specified period of time to assure compliance;
II. Issuance of a written warning or requiring the Style Partner to take immediate corrective action;
III. Imposition of a fine (which may be imposed immediately or withheld from future commission checks) or the withholding of commission checks (a Commission Hold) until the matter causing the Commission Hold is resolved or until Style Dots receives adequate additional assurances from the Style Partner to ensure future compliance;
IV. Suspension from participation in Company or Style Partner events, rewards, or recognition;
V. Suspension of the Style Dots Style Partner agreement and position for one or more pay periods;
VI. Involuntary termination of the Style Partner’s agreement and position;
VII. Any other measure which Style Dots deems feasible and appropriate to justly resolve injuries caused by the Style Partner’s policy violation or contractual breach; OR
VIII. Legal proceedings for monetary or equitable relief.
13.0 DISPUTE RESOLUTION
A. If a Style Dots Style Partner has a grievance or complaint against another Style Partner or Boutique Partner regarding any practice or conduct relating to their respective Style Dots businesses, he or she is encouraged to resolve the issue directly with the other party. If an agreement cannot be reached, it must be reported directly to the Style Dots Compliance Department as outlined below in this Section.
B. The Style Dots Compliance Department will be the final authority on settling such grievance or complaint and its written decision shall be final and binding on the Style Partners involved.
C. Style Dots will confine its involvement to disputes regarding Style Dots business matters only. Style Dots will not decide issues that involve personality conflicts or unprofessional conduct by or between Style Partners outside the context of a Style Dots business. These issues go beyond the scope of Style Dots and may not be used to justify a Mentor or Placement change or a transfer to another Style Dots organisation.
D. Style Dots does not consider, enforce, or mediate third party agreements between Style Partners, nor does it provide names, funding, or advice for obtaining outside legal counsel.
A. Any controversy or claim arising out of or relating to the Style Dots Style Partner agreement, these Policies and Procedures, or the breach thereof, the Style Partner’s business or any dispute between Style Dots and the Style Partner, shall be settled by binding and confidential arbitration administered by the American Arbitration Association under its commercial arbitration rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any such arbitration shall be held in Canberra, ACT. There shall be one arbitrator, who shall have expertise in business law transactions and who shall be knowledgeable in the direct selling industry, selected from a panel provided by the Australian Institute for Commercial Arbitration.
B. The prevailing party in any such arbitration shall be entitled to receive from the losing party, all costs and expenses of arbitration, including reasonable attorney’s fees and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to judgment in any court of competent jurisdiction.
C. This agreement to arbitration shall survive any termination or expiration of the Style Partner agreement.
D. Nothing in these Policies and Procedures shall prevent Style Dots from applying for or obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction, or other relief available to safeguard and protect Style Dots interests or its Confidential Information prior to, during or following the filing of an arbitration or other proceeding, or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
E. These Policies and Procedures and any arbitration involving a Style Partner and Style Dots shall be governed by and construed in accordance with the laws of the state of New South Wales, without reference to its principles of conflict of laws.
A. If any provision of these Policies and Procedures is found to be invalid, or unenforceable for any reason, only the invalid provision shall be severed. The remaining terms and provisions hereof shall remain in full force and shall be construed as if such invalid or unenforceable provision never had comprised a part of these Policies and Procedures.
A. Only an officer of Style Dots can, in writing, affect a waiver of the Style Dots Policies and Procedures. Style Dots' waiver of any particular breach by a Style Partner shall not affect Style Dots’ rights with respect to any subsequent breach, nor shall it affect the rights or obligations of any other Style Partner.
B. The existence of any claim or cause of action of a Style Partner against Style Dots shall not constitute a defence to Style Dots's enforcement of any term or provision of these Policies and Procedures.
13.5 Successors and Claims
The agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
14.0 GOVERNING LAW
These Policies and Procedures shall be governed by and construed in accordance with the Laws of the State of New South Wales and the exclusive jurisdiction of the Australian courts.
15.1 Personal Websites (PWS) and Online Pages
Style Partners do not have a Style Dots Personal Web Site and may not create one.
15.2 Team Websites
Style Partners do not have down line sales teams.
15.3 Domain Names, Email Addresses and Online Aliases
Except as specifically otherwise allowed herein, you are not allowed to use or register “Style Dots,” or “Your Story is Our Story” or “Fashion Dots” or “Home Dots” or “Dots” or “Style Dots” or “Story Dots”, “Dots”, or any of Style Dots’ trademarks, product names, slogans, tag-lines, or any derivatives of the foregoing, for any Internet domain name (URL or extension) or Personal Email Address. Additionally, you cannot use or register Internet domain names, Personal Email Addresses, and/or online aliases that, in the sole discretion of Style Dots, could cause harm to Style Dot’s reputation, cause confusion, be misleading, be deceptive, or cause individuals to believe or assume the communication is from, or is the property of or authorised by Style Dots corporate. Examples of the improper use of “Style Dots” and or “Your Story is Our Story” or “Style Dots” or “Story Dots” include, but are not limited to, “Ms. Style Dots,” “Style Dots by Amy,” “JaneDots,” or “Story Dots” or Style Dots showing up as the sender of an email. Notwithstanding anything to the contrary herein, certain External Website domain names (URLs or extensions) may include “Style Dots” in them if a unique URL is automatically generated by default upon the authorised creation (as outlined in Section 3.3.11 herein) of say, a Facebook “Fan Page” (e.g., http://www.facebook.com/pages/jamie-smith-Independent-StyleDots-Representative) (“Default URL”). Additionally, Style Dots will consider, on a case by case basis, allowing a Style Partner to change a Default URL for aesthetic/cosmetic purposes — such that the example provided above could become: www.facebook.com/jsmithindependentStyleDotsrepresentative, or www.facebook.com/jsmith-independent-StyleDots-representative. Style Partners must first obtain approval from Style Dots prior to renaming any Default URL.
15.4 Online Classifieds
You may not use online classifieds (including, but not limited to, Craigslist) to list, sell or retail specific Style Dots products or product bundles.
15.5 eBay/Online Auctions
Style Partners may not list Style Dots’ products or accessories on eBay, Gumtree or other online auctions. Additionally, Style Partners may not (i) enlist or knowingly allow a third party to sell Style Dots products on eBay or other online auction or (ii) sell products to a third party that the Style Partner has reason to believe will sell such products on eBay or another online auction. Selling via online auctions will result in termination. Selling to a third party that the Style Partner has reason to believe will sell via online auctions will result in termination.
15.6 Online Retailing
Style Partners may not list or sell Style Dots products on any online retail store or ecommerce site. Additionally, Style Partners may not (i) enlist or knowingly allow a third party to sell Style Dots products on any online retail store or ecommerce site or (ii) sell products to a third party that the Style Partner has reason to believe will sell such products on any online retail store or ecommerce site. Style Partners may obtain the then-current product images from the Style Dots Business Centre.
15.7.1 Banner Advertising
Style Partners are prohibited in using any banner advertising on external web sites other than those generated by default on as a cover on a “fan page” via Facebook.
15.7.2 Spam Linking
Spam linking is defined as multiple consecutive submissions of the same or similar content into blogs, wikis, guest books, websites or other publicly accessible online discussion boards or forums and is not allowed. This includes blog spamming, blog comment spamming and/or spamdexing. Any comments you make on blogs, forums, guest books, etc., must be unique, informative and relevant.
15.7.3 Digital Media Submission (e.g., YouTube, iTunes, PhotoBucket, etc.)
Style Partners may upload, submit or publish Style Dots-related video, audio or photo content to their social media page that they develop and create so long as it aligns with Style Dots values, contributes positively to the Style Dots community greater good and reputation, as determined by Style Dots in Style Dots’ sole discretion, and does not include the term “Style Dots” in any domain name URL, and is otherwise also in compliance with Style Dots’ Statement of Policies & Procedures. All submissions must clearly identify the submitter as an Independent Style Partner of Style Dots in the content itself and in the content description tag, must comply with all copyright/legal requirements, and must state that the Style Partner is solely responsible for this content. Style Partners may not upload, submit or publish any content (video, audio, presentations or any computer files) received from Style Dots or captured at official Style Dots events or in buildings owned or operated by Style Dots without prior written permission, unless such material was obtained directly from the Resources Tab in their Business Centre or posted on the Style Dots corporate Facebook Page.
15.7.4 Sponsored Links/Pay-Per-Click (PPC) Ads/Paid Search
Style Partners are prohibited from using PPC or paid search advertisements.
15.8 Social Media and Fan Pages
Style Partners must provide accurate pricing on all Style Dots products, bundling, and showcase kits. Profiles that a Style Partner generates in any social community where Style Dots is discussed or mentioned must clearly identify the Style Partners as an “Independent Style Dots Style Partner,” and when Style Partners participate in those communities, Style Partners must avoid inappropriate conversations, comments, images, video, audio, applications or any other adult, profane, discriminatory or vulgar content. Determination of what is inappropriate is at Style Dots’ sole discretion, and offending Style Partners will be subject to disciplinary action.
15.8.1 External Web Sites
Style Partners are prohibited from creating or using an external web site to promote their Style Dots business.
15.8.2 Personal Pages/Walls vs. Fan Pages
So long as Style Partners are abiding by the general guidelines set forth herein with respect to online behaviour, including, without limitation, the creation, naming and use of Social Media dedicated websites, Style Partners are not prohibited from including Style Dots related posts on their personal Social Media websites (e.g., personal pages/walls on Facebook). However, Style Partners are encouraged to create a separate Style Dots related “Fan Page”, or any equivalent Social Media page, to provide a dedicated and separate landing spot for Style Dots related updates, party plan dates and times, approved Style Dots product images, etc., which will also allow potential customers to “like” or “follow” a Style Partner’s Style Dots related “Fan Page” without a Style Partners having to “accept” them as “friends” on your personal Facebook page/wall.
15.8.3 Style Partners Are Responsible for Postings
Style Partners are personally responsible for their online postings and all other online activity that relates to Style Dots. Therefore, even if a Style Partner does not own or operate a blog or Social Media site, if a Style Partners posts to any such site that relates to Style Dots or which can be traced to Style Dots, the Style Partners is responsible for the posting and must act in a way that builds, strengthens and enhances Style Dots’ reputation, image and standing in the community. Style Partners are also responsible for postings, which occur on any blog/page that the Style Partner owns, operates, or controls.
15.8.4 Identification as a Style Partner
Style Partners must disclose their full names on all relevant Social Media profiles that relate to Style Dots and its products or business, and each must conspicuously identify themselves as an “Independent Style Dots Style Partner.” Anonymous postings or use of an alias is prohibited.
15.8.5 Social Media as a Sales and Promotion Forum
External Websites, specifically Social Media sites, are relationship-building sites. While building relationships is an important part of the sales process, External Websites, including, without limitation, Social Media shall not use any Social Media or External Website to explain the Style Dots Compensation Plan or any component thereof.
15.8.6 Deceptive Postings
Online postings that are false, misleading, or deceptive are prohibited. This includes, but is not limited to, false or deceptive postings relating to the Style Dots income opportunity, Style Dots’ products, and/or Style Partners blog/page, specifically Social Media sites, are relationship-building sites. While building relationships is an important part of the sales process, External Websites, including, without limitation, Social Media shall not use any Social Media or blog/page to explain the Style Dots Compensation Plan or any component thereof.
15.8.7 The Official Style Dots Facebook Page
Style Dots has an official Company Facebook page. Style Partners may not place linking information on Style Dots’ company Facebook page, nor may they post any pricing, promotions, marketing material, sales, advertisements, or announcements relating to their businesses on Style Dots’ Company Facebook page. Style Dots reserves the right to remove any messages posted on the official Company Facebook page as determined in its sole discretion. Style Partners are not allowed to recruit or message people from Style Dots Company Facebook page.
15.9Trade Shows and Other Sales Forums
Style Partner’s may display and/or sell Style Dots products at a trade show. A “trade show” is an organised event of a relatively large number of vendors held at a specific location, which does not last more than fourteen (14) days over any consecutive sixty (60) day period, at which various products and/or services are displayed, sold or otherwise marketed to attendees. Trade shows are available to Style Partners on a first-to-register basis and multiple Style Partners are not allowed at a single trade show. Style Partners can only sell Style Dots in their event space. Booths cannot be divided, and non-Style Dots product cannot be sold in the same booth or table space.
Style Partners may display and/or take orders for Style Dots products inside a Showroom. A “Showroom” is a room for holding organised sales parties or sales events at limited, pre-designated times at which invitees to such parties or sales events (and not walk-in customers) may place orders for Style Dots products. The following activities are prohibited at a Showroom or surrounding premises: delivering (e.g., cash-and-carry) Style Dots product to a Customer; displaying Style Dots product in a manner that is visible from outside the Showroom; and displaying signage that indicates that Style Dots product is sold or otherwise promoted in the Showroom. Notwithstanding the foregoing, Style Partners may not sell Style Dots products at swap meets, or flea markets as these events are not conducive to the quality image Style Dots wishes to portray.
15.10Physical Retail Locations
A Style Partner may have a small display of items located in a physical retail location. This display may include, one ring, one necklace, one set of earrings, and one bracelet with one Dot Booklet filled with Dots. The display may include Style Dots designed catalogs and supplemental brochures. The following activities are prohibited at the physical retail location or surrounding premises: delivering (e.g., cash-and-carry) Style Dots product to a Customer; displaying Style Dots product in a manner that is visible from outside the retail location and displaying signage that indicates that Style Dots product is sold or otherwise promoted in the Showroom. The Style Partner is strictly prohibited from selling, receiving of monies, tracking inventory or using a Point of Sale (POS) or Bookkeeping system from any physical retail location in any way. It may not look or be perceived that the physical retail location is the seller of Style Dots product.
16.0 STYLE DOTS GLOSSARY OF TERMS
ACTIVE STYLE PARTNER: A Style Partner who satisfies the minimum volume requirements, as set forth in the Style Partner Compensation Plan.
AGREEMENT: The contract between the Company and each Style Partner; includes the Style Partner Agreement, the Style Dots Policies and Procedures, and the Style Dots Compensation Plan, all in their current form and as amended by Style Dots in its sole discretion. These documents are collectively referred to as the “Agreement.”
CANCEL: The termination of a Style Partner’s business. Cancellation may be either voluntary, involuntary, or through non-renewal.
STYLE PARTNER COMPENSATION PLAN: The guidelines and referenced literature for describing how Style Partners can generate commissions and bonuses.
CUSTOMER: A Customer who purchases Style Dots products and does not engage in building a business or retailing product.
BOUTIQUE PARTNER: An individual, who purchases product, generates retail sales and business building commissions.
STYLE PARTNER: An individual, who purchases product and generates retail sales.
LINE OF MENTORSHIP (LOM): A report generated by Style Dots that provides critical data relating to the identities of Style Partners, sales information, and enrolment activity. This report contains confidential and trade secret information which is proprietary to Style Dots.
ORGANISATION: The Customers and Style Partners placed below a particular Boutique Partner. A Style Partner has customers but they do not have a down line team.
OFFICIAL Style Dots MATERIAL: Literature, audio or video tapes, and other materials developed, printed, published, and distributed by Style Dots to Style Partners.
PLACEMENT: Your position inside your Mentor’s organisation.
RECRUIT: For purposes of Style Dots’s Conflict of Interest Policy, the term “Recruit” means the actual or attempted solicitation, enrolment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another Style Dots Style Partner or Customer to enrol or participate in another multilevel marketing, network marketing, or direct sales opportunity.
RESALABLE: Products shall be deemed “resalable” if each of the following elements is satisfied: 1) they are unopened and unused, 2) original packaging and labelling has not been altered or damaged, 3) they are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price, and 4) the product contains current Style Dots labelling. Any merchandise that is clearly identified at the time of sale as nonreturnable, discontinued, or as a seasonal item, shall not be resalable.
MENTOR: A Boutique Partner who enrols a Customer, Retailer, or another Style Partner into the Company, and is listed as the Mentor on the Style Partner Agreement. The act of enrolling others and training them to become Style or Boutique Partners is called “mentoring.”
UPLINE: This term refers to the Boutique Partner above a particular Style Partner in a mentorship line up to the Company. It is the line of mentors that links any particular Style Partner to the Company.