MakeUp Eraser Group LLC.
Section I: Acceptance of the Agreement
Section II: E-Sign Notice- Consent to Electronic Record
E-Sign, the Electronic Signatures in Global and National Commerce Act (15 U.S.D. 7001, et seq.), requires that you consent to entering into an electronic agreement with Makeup Eraser before a Makeup Eraser Ambassador Program Agreement can be executed.
Please read the following information carefully:
To access these documents and submit your online Ambassador Application, you will need a personal computer or Mac with Internet access and operational Internet browser software.
Section III: IRS W9 Information
The Tax ID number must match the name as shown on your income tax return to avoid backup withholding. For individuals, this is your social security number.
Please verify the information submitted on your enrollment form. If correct, acknowledge by checking the box below, which will serve as your digital signature. For further information, please see the official IRS W9 form instructions: http://www.irs.gov/pub/irs-pdf/fw9.pdf
Under penalties of perjury, I certify that:
The information submitted is correct
You are not an exempt payee (generally, individuals, sole proprietors are not exempt from backup withholding)
The IRS has not notified you that you are currently subject to backup withholding
I am a U.S. citizen or U.S. resident alien (individual/sole proprietor)
Section IV: Agreement
I hereby apply to become an Independent Representative of Makeup Eraser Group LLC and Makeup Eraser, LLC, (hereinafter "Company") marketing program. By executing or electronically agreeing to the Makeup Eraser Ambassador Program Agreement (hereinafter “Agreement”), you apply for legal authorization to become a Makeup Eraser Ambassador Independent Representative (hereinafter “IR” or “Ambassador”), and enter into contract with Company. This Agreement is created to provide detailed guidelines and limitations for all Makeup Eraser Ambassadors. By applying for this agreement I hereby
cancel and void any previous independent contractor relationship with Company.
The purpose of the Makeup Eraser Ambassador Program is to provide individuals with the opportunity to introduce exciting products to customers throughout the world. In exchange for successfully building a customer base, Makeup Eraser offers compensation pursuant to the terms of the Compensation Plan.
As an IR, I understand and agree that:
To become a Makeup Eraser Ambassador, an applicant must comply with the following requirements:
I. Be of the age of majority (not a minor) in his or her state of residence;
II. Reside or have a valid address in the United States, a U.S. territory;
III. Have a valid Social Security Number, Federal Tax ID Number, or Taxpayer Identification Number (TIN);
IV. Submit a properly completed Ambassador Program Agreement to Makeup Eraser, either written and/or agreed to electronically;
As an Independent Representative (hereinafter "IR"), I understand and agree that:
1. I shall become a Company IR upon acceptance of this application by the Company. As an IR, I shall have the right to sell the products and services offered by the Company in accordance with the Company's marketing program and statement of policy, which may be amended and changed from time to time.
2. Because federal, state, and local laws, as well as the business environment, periodically change, Makeup Eraser reserves the right to amend the Agreement and the Compensation Plan in its sole and absolute discretion. Notification of amendments shall appear in Official Makeup Eraser Materials. Any such amendment, change, or modification shall be effective thirty days following one of the following communication methods:
I. posting on the official Makeup Eraser Web site;
II. electronic mail (e-mail); or
III. In writing through the Makeup Eraser newsletters or other Makeup Eraser communication channels.
Upon notification to IRs, the Company, at its discretion, may amend the marketing plan, product pricing, statement of policy, etc.
3. I have carefully reviewed, understand and agree to the Company's:
a. Spam Policy:
c. Policy and Procedure Manual
4. Makeup Eraser Compensation Plan
All commissions due to Ambassador shall be paid out pursuant to compensation plan outlined below.
In an effort to alleviate administrative burdens, Makeup Eraser reserves the right to postpone commission payments until such time the cumulative amount exceeds $40 at the sole discretion of Makeup Eraser.
A Makeup Eraser Ambassador must review his or her monthly statement and report any discrepancies within 30 days of receipt. After the 30 day “grace period” no additional requests will be considered for commission’s recalculation.
Errors or Questions
If an Ambassador has questions about or believes any errors have been made regarding payments, or charges, the Ambassador must notify Makeup Eraser in writing within 30 days of the date of the purported error or incident in question. Makeup Eraser will not be responsible for any errors, omissions, or problems not reported to the Company within 30 days.
5. The term of the Company IR agreement is one year. Company IRs, who wish to continue their IR positions, must apply to renew their IR agreement annually. The Company reserves the right to accept or reject your application for renewal and the renewal shall be deemed accepted if it has not been rejected in writing by the Company within 30 days of receipt of the renewal fee (if applicable) and application agreement.
6. An IR shall be entitled to cancel participation in the marketing program at any time and for any reason upon notice to the Company. Upon notification of cancellation or termination, the Company will repurchase IR purchased inventory and mandatory sales kit materials, if any, in accordance with its policies as stated in the Company's marketing program and statement of policy. In the event of a material breach of this Agreement, Makeup Eraser reserves the right to terminate this Agreement immediately. Upon cancellation or termination, all property rights are forfeited regarding any bonuses, commissions or other remuneration derived through your sales. Makeup Eraser reserves the right to terminate all Ambassador Program Agreements upon 30 days’ notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products via affiliate marketing channels. No termination of this Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Agreement prior to termination.
7. Upon acceptance of this application by the Company, I will be an independent contractor responsible for my own business and not an employee of the Company. I will not be treated as an employee in regard to any laws covering employees, including but not limited to the Federal Insurance Contributions Act, the Social Security Act, the Federal Unemployment Tax Act, income tax withholding at source or for any federal or state tax laws. It is my responsibility to pay self-employment, state and federal income taxes as required by law. The Makeup Eraser Ambassador is an independent contractor, and not a purchaser of a franchise or business opportunity. Therefore, each Ambassador’s success depends on his or her independent efforts. The agreement between Makeup Eraser and its Ambassadors does not create an employer/employee relationship, agency, partnership, or joint venture between Makeup Eraser and the Ambassador. All Ambassadors are responsible for paying local, state, provincial, and Federal taxes due from all compensation earned as a Ambassador of Makeup Eraser. Ambassadors have no express or implied authority to bind Makeup Eraser to any obligation or to make any commitments by or on behalf of Makeup Eraser. As a self-employed independent contractor, you will be operating your own independent business selling products available through Makeup Eraser on your own account. You have complete freedom in determining the number of hours that you will devote to your business, and you have the sole discretion of scheduling such hours. In the event you earn over $600 in a calendar year, you will receive IRS Form 1099- MISC reflecting the amount of income paid to you during the calendar year. It will be your sole responsibility to account for such income on your individual income tax returns. In an effort to comply with state sales tax laws, Makeup Eraser may require each Ambassador to provide a Sales and Use Tax Resale Certificate from their respective state. The certificate is required by law in order for resellers to purchase inventory without paying sales tax. This must be completed prior to any orders being shipped if required by Makeup Eraser. In the event Sales tax is charged to Ambassador for wholesale/bulk orders it will be charged on the retail sales price of the units purchased. In addition, it will be charged according to the state and local municipality in which Ambassador communicates to Makeup Eraser they intend on selling the Makeup Eraser product or the Ambassador will be charged the appropriate sales tax based on the location in which the product is being shipped. If Ambassador is charged sales tax for a different state/municipality in which they sell the makeup eraser products it is the Ambassador’s responsibility to clearly communicate that information to makeup eraser via electronic messaging with confirmed receipt of delivery. Ambassador must maintain receipts of all transactions with customers and send all receipts to Makeup Eraser no later than 5 business days from transaction.
8. I will not use the Company's trade name and/or trademark except in the advertising provided to me by the Company or in other advertising without prior written approval by the Company. You agree to make no representations or claims about any product or services beyond those shown in official Makeup Eraser literature. In particular, no Ambassadors may make claims that Makeup Eraser products are useful in the cure, treatment, diagnosis, mitigation or prevention of any skin related diseases. Such statements can be perceived as medical or drug claims. Under no circumstances may you print your own labels or repackage Makeup Eraser’s products. Products are to be sold in their original packaging only. Subject to the limitations set forth in this provision, the Company shall defend Ambassadors from claims made by third-party customers alleging injury from use of a product or injury due to a defective product.
9. Any IR, who sponsors resellers, must fulfill the obligation of performing a bona fide supervisory, distributing and selling function in the sale or delivery of product to the ultimate consumer and in the training of those sponsored. IR must have ongoing contact, communication and management supervision with his or her resellers accounts. Examples of such supervision may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, training sessions, accompanying individuals to Company training and sharing genealogy information with those sponsored. IRs should be able to provide evidence to the Company semiannually of ongoing fulfillment of sponsor responsibilities. If an IR markets to resellers that company referred to IR, then the IR is obligated to the same responsibilities of supervisory, communication and training activities with respect to IRs he or she has signed up.
10. The Company's program is built upon retail sales to the ultimate consumer. The Company also recognizes that IRs may wish to also purchase product or service for their own personal or family use. The IR, however, will not receive credit for bonus purposes, qualification or advancement for his or her own personal purchases. IRs must fulfill published personal and downline retail sales requirements, including requisite retail sales to nonparticipants, as well as supervisory responsibilities, to qualify for certain bonuses, overrides or advancements. The Makeup Eraser Compensation Plan is based upon the sale of Makeup Eraser products and services to end consumers.
11. The IR acknowledges that IR is a wholly independent marketing representative who establishes and services retail customers for Company products as an independent contractor. The position of IR does not constitute either a sale of a franchise or a Ambassadorship, and absolutely no fees have been or will be required from the IR for the right to distribute the Company's products pursuant to this agreement. This agreement is not intended and shall not be construed to create a relationship of employer employee, agency, partnership, or joint venture between any IR, sponsor and/or the Company.
a. As an independent contractor, the IR shall:
i. Abide by any and all federal, state, county and local laws, rules and regulations pertaining to this agreement and/or the acquisition, receipt, holding, selling, distributing or advertising of Company products.
ii. At the IR's own expense, make, execute or file all such reports and obtain such licenses as are required by law or public authority with respect to this agreement and/or the receipt, holding, selling, distributing or advertising of Company products.
iii. Be solely responsible for declaration and payment of all local, state and federal taxes as may accrue because of the IR's activities in connection with this agreement.
12. No purchase or investment is necessary to become a Company IR.
14. Returned Product:
Ambassadors receive bonuses and commissions based on the actual sales of products and services to end consumers. When a product is returned to Makeup Eraser for a refund or is repurchased by the Company, either of the following may occur at the Company’s discretion: (1) the bonuses and commissions attributable to the returned or repurchased product(s) will be deducted from the pay period in which the refund is given, and continuing every pay period thereafter until the commission is recovered, from the Ambassadors who received bonuses and commissions on the sales of the refunded products or (2) the Ambassadors who earned commissions based on the sale of the returned products will have the corresponding points deducted from their volume in the next pay period and all subsequent pay periods until it is completely recovered.
15. Product Guarantee
If a customer is unsatisfied with any Makeup Eraser product purchased for personal use, the customer may return any resalable product within thirty (30) days from the date of purchase for a one-hundred percent (100%) refund (less shipping charges). This refund policy only applies to initial orders. Subsequent orders by customers are final and nonrefundable. Ambassadors are subject to the Ambassador return policy, covered below in the “Return of Inventory” policy.
16. Ordering & Shipping
Distribution of Makeup Eraser products (not IR rights) is available in many countries at the current time.
17. Pay Period
Ambassadors will receive commissions once per month, on the 20th of every month, for sales referred by Ambassador the previous month.
18. Return of Inventory and Sales Aids by Ambassadors
Upon cancellation of a Ambassador’s Agreement, the Ambassador may return inventory and sales aids purchased within one (1) year from the date of cancellation for a refund if he or she is unable to sell or use the merchandise. The max value for any return cannot exceed $5,000. Returns of this amount will result in immediate termination of the agreement. When Ambassadors place bulk orders in excess of $5,000, they assume the risk of being stuck with unsellable and non-refundable inventory. A Ambassador may only return products and sales aids he or she personally purchased from the Company under his or her Ambassador Identification Number, and which are in Resalable condition. Upon receipt of the products and sales aids, the Ambassador 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. The Company shall deduct from the reimbursement paid to the Ambassador any commissions, bonuses, rebates or other incentives received by the Ambassador, which were associated with the merchandise that is returned.
19. Makeup Eraser’s Proprietary Information and Trade Secrets:
You recognize and agree that information compiled by or maintained by Makeup Eraser, including the database of prospective and existing customers, constitutes a commercially advantageous, unique and proprietary trade secret of Makeup Eraser, which it keeps confidential and treats as a trade secret. During the term of your contract with Makeup Eraser, Makeup Eraser grants you a personal, non-exclusive, non- transferable and revocable right to use trade secret, confidential, and proprietary business information (Proprietary Information), which includes, without limitation, access to the Makeup Eraser’s customer database.
During the term of this Agreement and for a period of 2 years after the termination or expiration of this Agreement between the Ambassador and Makeup Eraser, the Ambassador shall not use the information to compete with Makeup Eraser or for any purpose other than promoting his or her business with Makeup Eraser. The Ambassador acknowledges that such proprietary information is of such character as to render it unique and that disclosure or use thereof in violation of this provision will result in irreparable damage to
Makeup Eraser. Makeup Eraser will be entitled to injunctive relief or to recover damages against any Ambassador who violates this provision in any action to enforce its rights under this section.
You agree that during the period while you are A Ambassador, and for two calendar years following resignation or termination from Makeup Eraser, you will not encourage, solicit, or otherwise attempt to recruit or persuade any other Makeup Eraser Ambassador to compete with the business of Makeup Eraser. Furthermore, for the same duration, you agree not to recruit or solicit any of the companies listed in the Makeup Eraser customer database for a competing enterprise, unless you can demonstrate a pre-existing relationship prior to this Agreement.
21. Constructive Criticism.
Makeup Eraser desires to provide its Ambassadors with the best services and Compensation Plan possible. Accordingly, Makeup Eraser values constructive criticism and encourages the submission of written comments addressed to Makeup Eraser leadership. However, negative and disparaging comments about Makeup Eraser calculated to dampen the enthusiasm of other Makeup Eraser Ambassadors and disparage Makeup Eraser represents a material breach of these Policies and Procedures and may be subject to sanctions as deemed appropriate by Makeup Eraser.
22. Intellectual Property.
Ambassador agrees to use the Trademarks and Copyrights in the form and manner and with appropriate legends as currently used and permitted by Makeup Eraser. All promotional materials supplied or created by Makeup Eraser must be used in their original form and cannot be changed, amended or altered except with prior written approval from Makeup Eraser. The name of Makeup Eraser, each of its product names and other names that have been adopted by Makeup Eraser in connection with its business are proprietary trade names, trademarks and service marks of Makeup Eraser As such, these marks are of great value to Makeup Eraser and are supplied to Ambassadors for their use only in an authorized manner. Prior written approval from the Company is required for the following:
a. To advertise Company products;;
b. Issuance of an IR position in a corporate name. The Company may immediately terminate an IR who discredits the Company's name, violates any requirement contained in this Agreement, Company Policy and Procedures, or training manuals or misrepresents the Company's products or business opportunity by making claims contrary to the Company's product literature and labels.
23. Entire Agreement.
This agreement constitutes the entire agreement between the IR and Company and no other additional promises, representations, guaranties or agreements of any kind shall be valid unless in writing.
24. This agreement shall be governed by the laws of the state of Arizona, and all claims, disputes and other matters between the parties of this agreement shall be brought in Maricopa County Superior Court, in Phoenix, Arizona, or in the U.S. District Court, in Phoenix, Arizona. Contract Submission.
25. A faxed, emailed and/or online acceptance of the Agreement shall be treated as an original in all respects.
26. Dispute Resolution: All disputes and claims relating to Makeup Eraser, its products and services, the rights and obligations of A Ambassador and Makeup Eraser, or any other claims or causes of action relating to the performance of either a Ambassador or Makeup Eraser under the Agreement or the Makeup Eraser Marketing Guidelines shall be settled totally and finally by arbitration in Arizona or such other location as Makeup Eraser prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, except that all parties shall be entitled to discovery rights allowed under the Federal Rules of Civil Procedure. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent Makeup Eraser from applying to and obtaining from any court having jurisdiction a writ of attachment, garnishment, temporary injunction, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect its interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
A Ambassador is fully responsible for all of his or her verbal and/or written statements made regarding Makeup Eraser products, services, and the Compensation Plan, which are not expressly contained in Official Makeup Eraser Materials. Ambassadors agree to indemnify Makeup Eraser and hold it harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by Makeup Eraser as a result of the Ambassador’s unauthorized representations or actions. This provision shall survive the cancellation of a Ambassador’s Ambassador Program Agreement.
Class Action Waiver
. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither Ambassador nor Makeup Eraser group will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or other proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. The provisions of this Agreement, including all documents incorporated herein by reference, embody the whole agreement between you and Makeup Eraser and supersedes any prior agreements, understandings and obligations between you and Makeup Eraser concerning the subject matter of your contract with Makeup Eraser.
30. Language . This Agreement may be translated into different language versions and, except as provided by applicable law, the English language versions of this Agreement and Network Policies are the controlling versions thereof and shall prevail.
31. This agreement is not in force until accepted by the Company.
32. UN Convention. This Agreement shall not be governed by the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods
33. Assignability. You shall not assign or delegate any of the rights or obligations under this Agreement, and any such attempted assignment or delegation shall be void. Subject to the preceding sentence, this Agreement is binding on and inures to the benefit of the respective successors, heirs and assigns of each party.
34. The Company is not a direct selling opportunity and you may not be compensated for recruiting or sponsoring other brand ambassadors.
35. This agreement supersedes any previous agreements between IR and Company.
36. I acknowledge that I have read and understand and agree to the terms set forth in this agreement.