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Consultant Policies Procedures - Jamberry

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Consultant Policies & Procedures
Last Modified: January 13, 2014
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Jamberry Canada
Consultant Policies & Procedures
Table of Contents
INTRODUCTION ............................................................................................................................................. 7
PRACTICING THE JAMBERRY NAILS VALUES ................................................................................................. 7
CONSULTANT STATUS AND QUALIFICATIONS .............................................................................................. 7
Basic Qualifications ................................................................................................................................... 7
Continued Permanent Residence ............................................................................................................. 8
Compensation Plan ................................................................................................................................... 8
Paid-As Title .............................................................................................................................................. 8
Consultant Status ...................................................................................................................................... 8
Career Title................................................................................................................................................ 9
Online Agreement ..................................................................................................................................... 9
Consultant ID............................................................................................................................................. 9
Independent Contractor Status ................................................................................................................ 9
One Name Per Agreement ...................................................................................................................... 11
Business Entities...................................................................................................................................... 11
Exclusive Territories/Solicitation of Overseas Business.......................................................................... 11
EXCLUSIVE PROMOTION OF PRODUCTS ..................................................................................................... 11
ETHICAL CONDUCT...................................................................................................................................... 12
LEGAL COMPLIANCE.................................................................................................................................... 12
LICENSES...................................................................................................................................................... 12
CONFIDENTIALITY ....................................................................................................................................... 12
NON-SOLICITATION ..................................................................................................................................... 12
TRANSFERABILITY........................................................................................................................................ 13
NEW CONSULTANT DEVELOPMENT............................................................................................................ 13
Income Claims ......................................................................................................................................... 13
Limited Right to Make Income Claims, With Timely Disclosure ............................................................. 14
Remote Sponsors .................................................................................................................................... 15
Cross Sponsoring ..................................................................................................................................... 15
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Sponsor Reassignment ............................................................................................................................ 15
Release of Team ...................................................................................................................................... 15
Improper Initial Assignment ................................................................................................................... 16
Inadequate Support ................................................................................................................................ 16
Deceptive Sponsorship ........................................................................................................................... 16
Disruptive Relationships ......................................................................................................................... 16
Leadership Support Practices ................................................................................................................. 16
No Product Purchase Required ............................................................................................................... 17
ANNUAL RENEWAL OF CONSULTANT AGREEMENT ................................................................................... 17
Personal Website Annual/Quarterly/Monthly Renewal......................................................................... 18
TERMINATION OF CONSULTANT AGREEMENT ........................................................................................... 18
Self-Termination ..................................................................................................................................... 18
Cancellation ............................................................................................................................................ 19
Home Office Termination ....................................................................................................................... 19
Effect of Termination .............................................................................................................................. 20
Events Upon Termination Of This Agreement ........................................................................................ 20
Buy-Back Policy ....................................................................................................................................... 20
Compression ........................................................................................................................................... 22
Reactivation Policy .................................................................................................................................. 22
TEAM MANAGER LEVEL RESPONSIBILITIES ................................................................................................. 23
Commissions Policy And Payout Timelines ............................................................................................. 23
Recruitment Fees Prohibited .................................................................................................................. 24
Account Holds ......................................................................................................................................... 25
Suspension of Contractual Obligations ................................................................................................... 25
CORPORATE MARKETING, LEADS AND ASSIGNMENTS............................................................................... 26
Our Philosophy........................................................................................................................................ 26
TAXES .......................................................................................................................................................... 27
Income Tax .............................................................................................................................................. 27
Sales Tax .................................................................................................................................................. 28
Collection Agreements/Arrangements ................................................................................................... 28
Exempt Sales ........................................................................................................................................... 28
Insurance..................................................................................................................................................... 28
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ADVERTISING, PRESS, TRADEMARK AND PUBLIC IMAGE PROTECTION ..................................................... 29
Repackaging Or Relabeling ..................................................................................................................... 29
Training Materials ................................................................................................................................... 29
Liability .................................................................................................................................................... 29
Trademarks ............................................................................................................................................. 29
Advertising and Press .............................................................................................................................. 30
Press Contacts and Leads ........................................................................................................................ 30
Media Promotions .................................................................................................................................. 30
Phone Listing Policy ................................................................................................................................ 31
Chequing/Charge Accounts .................................................................................................................... 31
ONLINE COMPLIANCE ................................................................................................................................. 31
Marketing And Naming of Personal Websites ........................................................................................ 31
Restricted Use of Jamberry Trademarked Name .................................................................................... 31
Use of Jamberry in URLS ......................................................................................................................... 32
Use of Jamberry in E-Mail Addresses or Social Networking Names ....................................................... 32
Use of Jamberry Confidential Information – Names, Addresses, Emails................................................ 32
Social Networking Pages on Facebook and More................................................................................... 32
Solicitation of Business on Facebook, Consultant Facebook Group, Twitter or Other Sites .................. 32
Sales Through Auction Sites or Other Internet Sites .............................................................................. 32
Marketing Through Personal Blogs and Other Sites ............................................................................... 33
Third Party Websites that Refer Leads to Jamberry Canada .................................................................. 33
PURCHASE AND SALE OF PRODUCTS .......................................................................................................... 34
Blanket Discounts.................................................................................................................................... 34
Sales Presentations ................................................................................................................................. 34
Bonus Buying........................................................................................................................................... 35
Closing Parties and Customer Delivery ................................................................................................... 35
Third-Party Consumers ........................................................................................................................... 36
Customer Refunds and Returns .............................................................................................................. 36
Customer Order Forms and Sales Receipts............................................................................................. 36
Customer Cancellation rights .................................................................................................................. 37
Territory Restrictions .............................................................................................................................. 37
International Sales .................................................................................................................................. 37
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Out of Stock Products Items ................................................................................................................... 37
Retail Outlets .......................................................................................................................................... 37
Non-Retail Businesses ............................................................................................................................. 38
Mail Order ............................................................................................................................................... 38
Consultant-To-Consultant Sales Policy ................................................................................................... 38
Rental Space............................................................................................................................................ 38
International Distribution ....................................................................................................................... 38
Marketing Materials Credit ..................................................................................................................... 38
EVENTS ........................................................................................................................................................ 39
Best Practices – Opportunity Events....................................................................................................... 39
Best Practices – Training Events ............................................................................................................. 39
Temporary Sales Events .......................................................................................................................... 40
Assistance For Hearing Impaired At Home Office Events ....................................................................... 41
GENERAL PROVISIONS ................................................................................................................................ 41
Website Downtime ..................................................................................................................................... 41
Contractual Remedies ............................................................................................................................. 41
Acts of Household Members .................................................................................................................. 42
Grievances and Complaints .................................................................................................................... 42
Reporting Policy Violations ..................................................................................................................... 42
Amendments........................................................................................................................................... 42
Indemnification/Offset ........................................................................................................................... 42
Telephone Solicitation ............................................................................................................................ 43
Cumulative Remedies/Waiver ................................................................................................................ 43
Injunctive Relief ...................................................................................................................................... 43
Waiver ..................................................................................................................................................... 44
Jurisdiction .............................................................................................................................................. 44
Partial Validity ......................................................................................................................................... 44
Limitation Of Damages............................................................................................................................ 44
Privacy Policy & Consent ......................................................................................................................... 44
Entire Agreement .................................................................................................................................... 45
COMPANY ADDRESS AND CONTACT INFORMATION.................................................................................. 45
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INTRODUCTION
We are very excited that you are considering becoming a consultant of Jamberry Nails Canada Limited
Partnership (“Consultant” or “Jamberry Consultant”). Before you take the final step to joining, please
carefully review this entire document. If you agree to comply with the Policies & Procedures listed in
this agreement (the “Policies & Procedures”), please indicate your agreement by signing the Consultant
Agreement that accompanies this document. If you have any questions about any of the terms in this
document, please contact Jamberry Nails Canada support at (801) 796-2205.
PRACTICING THE JAMBERRY NAILS VALUES
At all times, Consultants must:
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Conduct themselves with the highest level of ethics, integrity and professionalism. This includes
maintaining professionalism and courtesy with customers, other Consultants, and members of the
Home Office team.
Act in good faith at all times.
Not discriminate against any individual because of age, race, creed, color or any other legally protected
status. Discrimination will not be tolerated.
Provide helpful customer service with the intent of developing long-term customer relationships.
Refrain from making disparaging comments or gossiping about others.
Abide by all the guidelines listed in Consultant Workstation to ensure it remains a positive and
supportive environment.
Jamberry Nails Canada Limited Partnership (“we,””, “us,””, “our,””, “Home Office,”” or “Company”)
reserves the right to terminate the Consultant Agreement with any Consultant Agreement who does not
comply with the Policies & Procedures or fails to operate within the spirit of the Company’s values.
CONSULTANT STATUS AND QUALIFICATIONS
BASIC QUALIFICATIONS
You become a Jamberry Consultant when your completed Agreement has been received and accepted
by the Company.
To become a Jamberry Consultant you must be of the age of majority in the province in which you
reside, be a Canadian citizen or permanent resident, possess a valid Social Insurance Number, maintain
your personal website, and be sponsored by a current Jamberry Consultant. If you do not have a
Sponsor, you will be assigned one by the Company in accordance with our policy on assignments. In
order to sign up with Jamberry Canada, you must visit our website (http://www.jamberry.ca/join/) and
submit the online form, which includes the electronic acceptance of the Consultant Agreement and your
payment of Cdn $119 for the purchase of a Starter Kit which is sold to you at the Company’s cost. The
Starter Kit will help you become familiar with the Jamberry Canada products, services, sales techniques,
sales aids, and other matters, and will help you facilitate sales. The Starter Kit includes the following: 1
Sheet of Nail Wraps plus credit for three additional nail wraps of your choice, Jamberry Mini Heater, 6
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Nail Files, 3 Buffer Blocks, Cuticle Pusher, 3 Pairs of Salon Scissors, 50 Orange Sticks, Nail Care Cuticle Oil,
2, 25-Packs of Catalogs, 50 Nail Sample Cards, Alcohol Wipes, Start-Up Guide, Brochures, Order Forms,
Postcard Invitations, and pre-paid access to your Personal Website and back office workstation during
the month you join and the three complete calendar months following your sign-up month. As soon as
the Company approves the Consultant Agreement and has received your payment, you are ready to get
started!
CONTINUED PERMANENT RESIDENCE
Currently, Jamberry Canada operates only in Canada. In order to retain your Consultant Agreement with
the Company, you must remain a permanent resident in Canada. The Consultant Agreement does not
transfer to another country in which the Company operates or may operate in the future. To conduct
business in another country, you must resign in your original country and sign the relevant agreement
for the new country. Additionally, Consultants may not solicit international or cross-border business. In
the future, the Company may allow International Sponsorship between Canada and another country.
Please note this pertains to Sponsors only. No cross-border/international sales are allowed at this time.
COMPENSATION PLAN
Consultant commissions, bonuses, rewards, and titles are based upon the Jamberry Canada
Compensation Plan which is incorporated into this Agreement by reference. Please review the
Compensation Plan for complete details, a copy of which can be reviewed here:
http://www.jamberry.ca/uploads/cms/docs/Compensation%20Plan.pdf].
PAID-AS TITLE
Your Paid-As Title and Career Title are determined by your monthly sales activity and primarily used for
commission calculations and coaching information by the Company and your upline. Your Paid-As Title
is determined according to the Compensation Plan and is based on a number of monthly criteria,
including Personal Retail Volume (“PRV”), Team Retail Volume (“TRV”), Active Legs, and the Paid-As
Titles of certain members of your team (as such terms are defined in the Compensation Plan).
CONSULTANT STATUS
Consultant status is used to determine a Consultant’s eligibility to receive bonuses, commissions, and
rank advancements. Definitions of each status level are:
ACTIVE
A Consultant must maintain a PRV of 200 each calendar month to be considered Active.
If a Consultant has not achieved active status during a calendar month, they receive no
commissions from their downline, fast-start bonuses, Matching Advancement Bonuses,
or Generational Overrides. Active status is always measured by a calendar month.
However, they will receive personal retail commissions from their personal and
customer purchases even if they do not achieve Active status during a calendar month.
IN PROGRESS
At the beginning of each calendar month each Consultant begins with the status of In
Progress until she achieves the 200 PRV. If at the end of a calendar month you remain In
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Progress, then you still receive personal retail commissions on your and your customer’s
retail purchases, but you are not eligible to earn any other bonuses or overrides on
downline sales during any period where you fail to achieve Active status.
CANCELLATION Consultants must have a minimum of 600 PRV during any rolling 12-month period in
order to remain a Consultant and keep their downline. If they fail to meet this
requirement in any 12-month period, they will be canceled which causes them to be
removed from the company downline organization. Their downline and customers will
be compressed to the next upline Consultant who is in good standing.
RESIGNED
Any Consultant who officially resigns from the Company, by providing written notice to
the Company.
CAREER TITLE
A Consultant’s Career Title is their recognition title or the highest title they have achieved. A
Consultant’s Career Title does not change unless they advance to the next career level (see Demotion
Policy in Compensation Plan for other exceptions), unlike a Paid-as Title, which may vary from month to
month.
Each Consultant is paid at the title for which they qualify during the period (“Paid-as-title”).
ONLINE AGREEMENT
Consultants must read the online Consultant Agreement in its entirety before submitting the on-line
Consultant Agreement.
CONSULTANT ID
All Consultants must provide a valid taxpayer identification number (such as a valid Social Insurance
Number). The Company will use this number for tax reporting purposes. You will be automatically
assigned a non-changeable Consultant ID that has not relationship with your Social Insurance Number.
INDEPENDENT CONTRACTOR STATUS
You understand that you are not an employee of Jamberry Canada and shall not be entitled to receive
any benefits from Jamberry Canada whatsoever. Jamberry Canada shall not be required to make
contributions for employment insurance, Workers’ Compensation and other similar levies in respect of
payments to be made. You shall be fully responsible for paying all applicable federal and provincial
withholding taxes, source deductions, taxes, employment insurance premiums, Workers’ Compensation
contributions and other levies, premiums, license requirement and fees related to your earnings and
activities as a Consultant.
You agree that as a Consultant you are an independent contractor, and not an employee, agent, partner,
legal representative or franchisee of Jamberry Canada. You shall be solely responsible for paying all
expenses incurred by yourself, including but not limited to travel, food, lodging, secretarial, office, longdistance telephone and other expenses. You will have and maintain control of the manner and means of
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your performance. You will have no power or authority to incur any debt, obligation or liability on
Jamberry Canada’s behalf.
For further certainty, the specifics of your legal relationship with Jamberry Canada are as follows:
Control - Subject to the terms of the Consultant Agreement, and other applicable laws, Consultants shall
have complete control and discretion over the operation of their independent businesses including,
without limiting the nature of the foregoing, how much or how little time they may devote to their
businesses, and shall be entitled to establish their own business goals, business hours, and business
methods, Policies & Procedures.
Ownership of Tools – The Consultant shall be responsible for the ownership and acquisition of any
business tools, equipment, assets, and expenses, and all business goods, services and intangibles that
the Consultant, in his/her discretion, believes necessary for the operation of its independent business
including, without limiting the generality of the foregoing, the location and appointment of his or her
business office, business cards, letterhead, computer equipment, motor vehicle(s), and other tools and
equipment (e.g., phone, office supplies etc.) which he/she alone deems necessary for operation of
his/her business, all of which shall established and/or acquired by the Consultant at his/her own
expense. The Consultant shall also maintain such insurance, such as liability, fire and theft insurance,
during the term of this Consultant Agreement for the benefit of his/her business, in amounts as he/she
deems appropriate, and at his/her own expense.
Chance of Profit/Risk of Loss – Jamberry Canada and the Consultant agree that all expenses incurred by
the Consultant in the operation of his/her business shall be incurred on his/her own account, and be
his/her own responsibility. Jamberry Canada and the Consultant also agree that the terms of the
Consultant’s compensation is entirely set out in the Jamberry Canada Compensation Plan, and
accordingly, the chance of profit and the risk of loss inherent in the Compensation Plan, and inherent in
the operation of the Consultant’s independent business, rests entirely with the Consultant, with no
“expense reimbursement” or “minimum compensation” being offered or guaranteed by Jamberry
Canada whatsoever.
No Power to Bind - While a Consultant shall be entitled to inform others that he/she is an Consultant
engaged by Jamberry Canada in an independent status, he/she shall at no time represent
himself/herself to be an employee of Jamberry Canada, and shall clarify with others, where necessary,
his/her status as an independent contractor of Jamberry Canada. The Consultant has no authority
(expressed or implied), to bind Jamberry Canada to any obligation, and shall not be construed as
purchasers of a franchise or a business opportunity.
No Creation of Employment, Agency, Partnership, Franchise or Joint Venture Relationship - The legal
relationship between Jamberry Canada and its Consultants is not intended to create, and does not
create, an employer/employee relationship, agency, partnership, franchise or joint venture relationship
between Jamberry Canada and the Consultant.
Treatment as Independent Contractor for Tax and Other Purposes - Accordingly, the Consultant will
not be treated as an employee of Jamberry Canada for Canadian provincial or federal tax purposes
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(including, but not limited to: federal income tax withholding or reporting requirements, federal
unemployment insurance and CPP deductions, the GST/HST, and other like taxes, and provincial
employment standards rules and workers’ compensation legislation purposes).
ONE NAME PER AGREEMENT
Jamberry Canada recognizes one name per Consultant Agreement. A Consultant may utilize a support
person in her business. However, the individual who holds Parties and has regular customer contact
must be the individual whose name is on the Consultant Agreement. Further, Jamberry only permits one
Consultant per household. A husband and wife, mother and daughter, or any other combination of
individuals in a household may work together under a single Consultant Agreement, but only one
Consultant Agreement per household is permitted. If this applies to you, you should determine in
advance will be listed as the Consultant for purposes of commission payments and communication with
the home office who is only authorized to communicate with the individual listed on the Consultant
Agreement about the specific account.
BUSINESS ENTITIES
The Company will accept Agreements from partnerships, LLCs, or corporations so long as such business
entities are legally organized and recognized in Canada.
EXCLUSIVE TERRITORIES/SOLICITATION OF OVERSEAS BUSINESS
No franchise is granted and there are no exclusive territories for sales or sponsoring purposes. You may
only arrange for sale within Canada. You may not solicit business from other countries unless you have
written approval from the Home Office.
EXCLUSIVE PROMOTION OF PRODUCTS
You are an independent contractor, and the Company imposes no restrictions on any Consultant’s
participation or sales activity in other businesses. However, promotion of other competitive business
ventures is prohibited at Jamberry Canada Home Parties or in communication with the Company’s
customers and any competing direct-sales business (e.g. companies that offer finger or toe nail products
as one of their offerings) is not allowed. Additionally, should you advance to the Executive Career Title
or above, active or public participation in any other direct-selling venture is no longer permitted. Once
you achieve the Executive Career Title for the first time, you will have three months to wind down your
active participation in other direct selling ventures. After the three month transition period, Executives
(or higher) will no longer be permitted to actively recruit for or market any other direct sales company.
This restriction does not prohibit you from belonging to or purchasing products from such direct sales
company. Violation of this policy will result in ineligibility to receive generational overrides,
advancement, and matching bonuses for a minimum of three months. An Executive will still be eligible
to receive level overrides, personal sales bonuses, fast start bonuses, and marketing materials credit.
This policy is to ensure you have the time commitment available to actively support and train your team.
Please review the Compensation Plan for a complete list of Career Titles. A copy of the Compensation
Plan can be reviewed here: http://www.jamberry.ca/uploads/cms/docs/Compensation%20Plan.pdf
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ETHICAL CONDUCT
As a Consultant, you agree to conduct your business with the highest standards of honesty and integrity.
You agree to refrain from making negative, disparaging, untrue or misleading comments about the
Company, its owners, directors, officers, associates, other Consultants or any other direct-selling
company or such company’s products. You also agree not to engage in any activities that may cause
harm to the Company or any other Consultant.
LEGAL COMPLIANCE
All Consultants shall comply with all federal, provincial and municipal statutes and regulations
concerning the operations of their businesses. You are responsible for your own managerial decisions
and expenditures, including estimating income taxes. We recommend that you keep track of all your
business expenses and speak with your accountant about how your business expenses might affect your
income tax return.
LICENSES
Some municipal governments might have ordinances that restrict the way you conduct your Jamberry
business. Contact your municipal government office to determine if any business licenses are required.
Also, if you live in a subdivision or condominium, check with your association to determine if there are
any limitations on conducting business activities in your home.
CONFIDENTIALITY
All lists of customers, your personal team, or other Consultants are proprietary property of the Company
and constitute a business trade secret. Jamberry Canada may make these lists available to you for the
express purpose of supporting you and your personal team to further develop your Jamberry business.
You may use these lists only in connection with your Jamberry business and for no other purpose. You
must keep the lists confidential and must not make the lists available to third parties or to use for any
other commercial purpose. You agree that any wrongful disclosure of the lists or the information on the
lists will cause immediate and irreparable damage to the Company and that the Company may pursue all
legal remedies available against you if you violate this provision. This provision will survive the
termination of your Consultant Agreement.
NON-SOLICITATION
As an inducement to Jamberry Canada to enter into this Agreement and in consideration of the mutual
covenants contained herein, during the term of this Agreement and for a period of one year thereafter
you shall not directly or indirectly, on your own behalf or on the behalf of any other person or entity,
solicit, induce or hire or attempt to solicit, induce or hire any Consultant who sponsored you, in your
upline, who you personally sponsored, or who was on your team to terminate or alter her business
relationship with Jamberry Canada. Additionally, for a period of one year after the termination of this
Agreement, you will not own or operate a multilevel social-selling or direct-sales nail accessory business.
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TRANSFERABILITY
Neither this Agreement nor your Jamberry business may be transferred or assigned by you or operated
in partnership with any other person. Jamberry Canada reserves the right to re-assign this Agreement at
any time.
On a case-by-case basis, Jamberry Canada may allow a one-time transfer or your Jambery Nails business
to a legal entity owned by you.
NEW CONSULTANT DEVELOPMENT
As a Jamberry Consultant, you may sponsor other Jamberry Consultants and build a team. Should you
choose to sponsor Consultants, you are encouraged to provide adequate training and consistent
communication to new Consultants you Sponsor, just as you would want provided to you. A variety of
tools exist to aid you in making your training simple and effective. These tools include our weekly
Consultant Newsletter, Compensation Plan, online training materials and videos.
INCOME CLAIMS
The Competition Bureau and the Competition Act regulate claims regarding the amount of income that
can be earned under programs such as the Jamberry program. To avoid compliance issues with these
laws, you may not make income projections or disclose your own compensation when presenting the
Jamberry program. Hypothetical income examples that are used to explain the operation of the
Compensation Plan and that are based solely on mathematical projections may be made to prospective
Consultants, as long as it is made clear that the examples are hypothetical and not based on actual
experience, and the Consultant shares at the time of the hypothetical examples, or within a reasonable
time thereafter, Jamberry Canada’s Statement of Typical Participant Earnings.
To ensure full compliance with section 55 of the federal Competition Act (Section 55), Jamberry Canada
strictly prohibits Consultants from making representations relating to compensation or life-style
(hereafter “Earnings Representations”) under the Compensation Plan, whether to a prospective
Consultant or otherwise. Without limiting the generality of this prohibition, and because Consultants do
not have the data necessary to comply with the legal requirements for making Earnings Representations
under Section 55, a Consultant, when presenting or discussing the Compensation Plan to a prospective
Consultant, shall be strictly prohibited from, and shall not make or imply directly or indirectly, any
verbal, physical, electronic or other claims that amount or could amount to Earnings Representations,
and without limiting the generality of the foregoing, this prohibition shall include the making of income
projections, improved lifestyle claims, hypothetical income examples or disclosures regarding a
Consultant’s own business income (including the showing of cheques, copies of cheques, bank
statements, tax records, or other similar demonstrative documents).
Furthermore, so that Jamberry Canada may meet its obligations under Section 55 to ensure that (a) no
representations relating to compensation under the Compensation Plan are made by participants in the
Compensation Plan and that (b) that any representations relating to compensation under the
Compensation Plan that may be made, constitute or include fair, reasonable and timely disclosure of the
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information required by Section 55, any Consultants that has the reason to believe that this general
prohibition against Earnings Representations is being contravened by themselves or any other person,
SHALL HAVE THE POSITIVE OBLIGATION to inform, and SHALL INFORM JAMBERRY CANADA of the facts
relevant to the contravention, such that Jamberry Canada is capable of ensuring that any
representations relating to compensation made under the Compensation Plan comply with the
provisions of Section 55, or are otherwise corrected.
LIMITED RIGHT TO MAKE INCOME CLAIMS, WITH TIMELY DISCLOSURE
Without limiting the general prohibition against Earnings Representations, or the reporting obligations
set out above, a Consultant shall have the following right(s):
(a)
To repeat to prospective Consultants, any Earnings Representations found in official Jamberry
Canada literature or on the Jamberry Canada website, provided immediately providing fair,
reasonable and timely disclosure of the following official Jamberry Canada Statement of Typical
Participant Earnings, substantially as follows:
Statement of Typical Participant Earnings
The primary source of income of a Typical Participant in the compensation plan
(the “Plan”) of Jamberry Canada Ltd. (“Jamberry Canada”) is from compensation
for the service of arranging for the sale of products. Personal earnings will vary.
A Participant in the plan is defined as an Independent Consultant who actively
engages in the activities necessary to realize the benefits of the Plan (i.e.
earning a least four monthly cheques annually). Typical Participant means a
Participant engaged in the Plan for at least one year. A Typical Participant in the
Plan earns between CAD $36 and $998 annually.
Please note that these earnings are estimates and have been derived from the
earnings experience of Jamberry Canada’s U.S. parent company, which operates
similar and comparable compensation plans, selling comparable products in the
United States and worldwide. These earnings estimates will be reviewed after 6
months of operation of the Canadian Plan, and updated at that time with
compensation actually received by typical participants in the Canadian Plan.
After one year, this Statement of Typical Participant Earnings will be updated
again, and then updated annually thereafter.
For greater certainty, the “Lower” and “Upper” Range information shall be provided by
Jamberry Canada on its website and in other published materials, from time to time, to properly
reflect the earnings of a typical participant in the Canadian Plan, from time to time, and as
otherwise required by section 55 Competition Act, and must be used by the Consultant in
connection with the fulfillment of its obligations under this section.
(b)
To make hypothetical income examples to prospective Consultants that are used to explain the
operation of the Compensation Plan, and which are based solely on mathematical projections of
information set out in the Compensation Plan, provided that in using such hypothetical
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examples the Consultant also immediately provides fair, reasonable and timely disclosure of the
Statement of Typical Participant Earnings, and makes clear to the prospective Consultant(s) that
such prior income examples are hypothetical.
REMOTE SPONSORS
When sponsoring long-distance, Sponsors are strongly encouraged to provide training support and
recognition to their sponsored Consultants. Using notes, handouts, video and Skype during team
meetings are effective ways to include remote Consultants in place of live, local training and/or
meeting attendance. The Sponsor is encouraged to:
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Meet Minimum Leadership Support Requirements.
Provide all training and support via phone, e-mail, or other effective communication methods or
technologies.
Arrange with a Consultant in her remote area to have the remote Consultant attend a training session, if
available.
CROSS SPONSORING
Cross sponsoring is strictly prohibited. Cross sponsoring is defined as the sponsorship of an active
Consultant or a terminated Consultant who has been active within the preceding six months within a
different line of sponsorship. This includes the use of a spouse or relative’s name or assumed names to
circumvent this policy. You may not demean, discredit or defame other Consultants in an attempt to
entice a Consultant to become part of your sponsored group.
SPONSOR REASSIGNMENT
Jamberry Canada will not honor requests from Consultants to have other Consultants’ downline
transferred to them. Nor will we make transfers if there is any concern that proactive solicitation of
another Consultant’s downline has occurred. The Home Office reserves the right to reject transfers for
any reason to maintain a NO POACHING culture and environment.
In order to protect the rights of all Consultants who work hard to sponsor and mentor others in the
business, the Company prohibits the transfer of a Consultant from one Sponsor to another, except
under the following conditions:
RELEASE OF TEAM
A Sponsor may release her team at any time for any reason. In order to do so, the Sponsor should email
[email protected] with a letter of release. Home Office will decide whether the team
reassignment will be effective immediately or on the 1st of the following month. Each individual team
member will roll-up to the next qualified upline (see Roll Ups).
If you inherit a team, due to the Compression Policy or a team release, that you feel is too large for you
to capably coach and support, please contact the Home Office via [email protected] The
Home Office will determine adequate team reassignment.
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IMPROPER INITIAL ASSIGNMENT
At times a new Consultant will sign-up as a Consultant through the Jamberry website, however due to
technology issues or other reasons, they are accidentally assigned to a sponsor they did not intend. In
those cases, the Consultant will be reassigned to the sponsor they initially intended provided Jamberry
support us notified within 14 days of the consultant’s sign-up date.
INADEQUATE SUPPORT
If a Consultant is dissatisfied with the minimum level of support received, she may file a request for
Sponsor reassignment by contacting Jamberry Canada Compliance Department. Jamberry Canada will
then contact the Sponsor via phone or e-mail and give the Sponsor 30 days to release the downline or
make amends with the downline so that the request is withdrawn by the downline via e-mail. If the
request is not withdrawn, Jamberry Canada will then independently assign downlines to another upline
who meets Jamberry’s requirements. No special requests will be honored.
DECEPTIVE SPONSORSHIP
In cases where a Consultant is assigned to a Sponsor in a deceptive manner or such a manner that it was
not clear to the sponsored Consultant who her Sponsor would be, the sponsored Consultant may
request to be transferred to a different Sponsor, with her team intact. The new Sponsor will be assigned
by the Company. The request must be made by the sponsored Consultant directly to Jamberry Canada
Compliance Department by contacting them within 30 days of her start date. The Company will
investigate each request on a case-by- case basis, and reserves the right to reject or grant the transfer of
sponsorship.
DISRUPTIVE RELATIONSHIPS
In cases where a Consultant-Sponsor relationship is strained to the point where it is disrupting the
business of those individuals and other Consultants, the sponsored Consultant may request to be
transferred to a different Sponsor, with her team intact. The new Sponsor will be assigned by the
Company and special requests will not be accommodated. The request must be made by the sponsored
Consultant directly to Jamberry Canada Compliance Department. Jamberry Canada will investigate each
request on a case-by-case basis, and reserves the right to reject or grant the transfer of sponsorship.
In the case where Jamberry Canada provides a lead or places a new Consultants on a sponsor’s team
and after sign up the new Consultant feels that she is not compatible or comfortable with the assigned
Sponsor, the new Consultant may request reassignment. The Home Office looks differently at the cases
of assigned relationships versus organic recruiting. The Consultant requesting a sponsor change may not
select a new upline. The Home Office will again assign a new leader based on those qualified to receive
leads.
LEADERSHIP SUPPORT PRACTICES
As a Jamberry Sponsor, you are expected to :
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Actively practice the Jamberry Values as described in this Agreement.
Exemplify the cornerstone of Jamberry leadership by maintaining an active and consistent home Party
schedule.
Actively engage in goal setting and mentoring with the new Consultant.
Offer training to the new Consultant by phone or in person within 1 week of the new Consultant signing
up to be a Jamberry Canada Consultant. The sponsor should offer several reasonable time slots and be
prepared for the training.
Allow any new consultant in your downline to attend a Home Party that you are leading or that
someone else on your team is leading within 45 days of the new consultant’s activation. Remote
Sponsors who live 50 miles or more away from you should be supported by phone.
Return phone calls or e-mails within three business days unless you have pre-notified your downline of
vacation during which you will be unavailable.
Attend planned meetings and trainings for which you did not call in advance to reschedule or cancel.
Communicate with your downline monthly by e-mail, phone or in-person meetings to check in with the
downline on business goals and progress.
Disseminate information from the Home Office to your downline in a timely manner.
The Home Office reserves the right to transfer a Sponsor's downline if the Sponsor fails to perform
these practices.
NO PRODUCT PURCHASE REQUIRED
There is no financial or product purchase requirement to become a Consultant or to enter, maintain, or
advance in the Compensation Plan. In order to familiarize new Consultants with the Company products,
sales techniques, sales aids, and other matters, and for the sole purpose of facilitating sales,
Consultants are required to purchase a Starter Kit. The Company also requires that each Consultant
maintain a personal website and back-office workstation, so the Consultant can have visibility into her
performance and that of her team. The Company sells the Starter Kit to new Consultants and makes
the Consultant website and back-office workstation available to new Consultants at or below its cost
price. Any products Consultants choose to purchase, including the Starter Kit, personal website access,
and the Business Supplies may be returned for refund under the terms of the “Buy-Back Policy” below.
The Starter Kit does not contain any commissionable products and any products Consultants choose to
purchase in connection with becoming a Consultant are optional.
ANNUAL RENEWAL OF CONSULTANT AGREEMENT
Renewal dates will be the last day of the month one year following the month of the Consultant’s start
date. If a Consultant has a start date of November 2011, her renewal date and renewal payment due
date, if any, is the last day of November 2012; i.e. November 30. Consultants will automatically be
renewed for a year if they are in good standing under these Policies & Procedures, are maintaining a
Personal Website, and are current in the payment of any personal website fees, and agree to any
updated Consultant Agreement. There are currently no fees to renew this agreement, provided
however, that the Company reserves the right to change this practice in the future. Any such fee would
be at or below the Company’s cost for providing Consultants with services to facilitate sales including
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updated official Company materials. Any renewal fees may be subject to taxes in accordance to federal
and provincial law and must be paid in currency (business credits may not be applied).An annual
renewal fee, if any, is subject to change in the future without prior written notice.
If a renewal fee is required, Consultant must pay her renewal fee online and agree to the latest terms in
the Consultant Agreement. Payment of this fee will constitute an agreement to the terms of the latest
Consultant Agreement and allow the Consultant to remain as a Jamberry Consultant for an additional 12
months, until the next renewal date. If no renewal fee is required, then Consultant’s continuing to sell
Jamberry products or services shall constitute the Consultant’s agreement to the latest Consultant
Agreement and Policies & Procedures. Failure to pay the annual renewal fee, if any, by a Consultant will
result in the termination of the Consultant Agreement on the first day of the month following the
renewal month. Once a Consultant Agreement has been terminated, the Consultant must wait six
months before reapplying, as noted in the policies on Deactivation.
PERSONAL WEBSITE ANNUAL/QUARTERLY/MONTHLY RENEWAL
A Consultant is required to create a Personal Website and to have access to the Consultant back-office
workstation when she first signs up as a Consultant. The cost of this service for your join month plus the
first three full calendar months after your join month are included in the cost of the Starter Kit. On the
first day of your fourth full month as a consultant, the credit card on file will be charged for either a
monthly fee of ten dollars (Cdn $12), a quarterly fee of twenty seven dollars (Cdn $32) or an annual fee
of ninety seven dollars (Cdn $115) depending on which option you’ve elected. The Personal Website Fee
will be automatically charged either monthly, quarterly, or annually without further notice. Your
Personal Website Fee must be current to qualify for monthly commission payouts. Your workstation will
provide an option for you to select the frequency of your payment and to select your preferred payment
method. The Personal Website is provided to you at the Company’s cost.
Any Consultant with a Career Title of Executive or higher will receive their Personal Website for no
charge. No refunds will be offered to any Consultant who achieves the rank of Executive or higher
during any period in which they have already paid for the Personal Website (whether monthly,
quarterly, or annually). Refunds for the Personal Website will be provided according to the Company’s
Buy-Back Policy.
TERMINATION OF CONSULTANT AGREEMENT
The following terms are used to describe a termination of the Consultant Agreement:
SELF-TERMINATION
You may voluntarily terminate the Jamberry Canada Consultant Agreement at any time and for any
reason by submitting a Self-Resignation Form (provided by the Company) to the Company. SelfResignation Forms can be downloaded from the Consultant Workstation. Consultants who resign must
also send copies of the letter to their upline Consultant and notify any downline Consultants of their
resignation.
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CANCELLATION
Cancellation means a loss of Consultant status and all Consultant benefits including product discounts,
Company mailings, eligibility for Consultant contests, events and incentives, as well as the loss of all
downline Consultants and commissions. All canceled Consultants’ downlines and related coaching
commissions will roll-up to the next qualified Consultant, in accordance with our policy on “Roll-Ups”,
during the following calendar month. The Consultant Agreement may be canceled:
1. As a result of the Consultant’s resignation.
2. At the conclusion of the initial term or any renewal term without notice.
3. At the death or retirement of the individual Consultant.
4. Immediately upon relocation and change of the Consultant’s permanent residence
outside of Canada.
HOME OFFICE TERMINATION
The Company may terminate the Consultant Agreement with any Consultant at any time and for any
reason by notifying the Consultant in writing of our election to terminate. The Company may
immediately terminate this Agreement without notice in the event of the Consultant’s death,
insolvency, assignment for the benefit of creditors, or misrepresentation in or breach of any provision of
the Agreement, violations of policies as herein defined.
The Home Office may also terminate the Consultant Agreement if there has been a breach of any term
of these policies, the plan or the Consultant Agreement, by the Consultant. Upon termination, the
Consultant will have thirty days from the date of termination to provide a written request to Jamberry
Canada via email at [email protected] for a refund of any pre-paid Personal Website fees for
months which have not yet passed. Upon receipt of such request the Company will refund any such prepaid, but unused amounts, to Consultant within ten business days of such request. If Consultant fails to
make such refund request within the time specified above, any such pre-paid Personal Website fees
shall be forfeited to the Company. For purposes of this Agreement, a “breach” shall include, but not be
limited to, any actions by the Consultant which, in the Company’s sole discretion, the Company believes:
1. The Consultant discredits the Company’s name, goodwill or products,
2. Breaches any provision contained in this Agreement, or the New Consultant Start-up Guide;
3. In any way misrepresents the Company’s products or business opportunity.
The Company shall notify the Consultant by e-mail of the Home Office Termination at the latest email
address listed with the Company for the Consultant. If the Consultant Agreement was terminated by the
Home Office, the Consultant may not reapply.
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EFFECT OF TERMINATION
Terminations of the Consultant Agreement are effective the first day of the month following the date of
termination of the Consultant Agreement by the Consultant or the Company or Deactivation. Upon
termination of the Consultant Agreement for any reason, your personal group will roll up as per our
policy on Roll-Ups. In addition, you will lose any gift certificates, Product Credits and Business Supply
Credits that you have earned. You will receive legitimately earned commissions only for the last full
payment period you were active prior to termination.
In the event that you should choose to become a Consultant again, the Company may accept or reject
your application for any reason at its sole discretion. If your application is accepted, you must start at
the beginning Career Title of Consultant.
EVENTS UPON TERMINATION OF THIS AGREEMENT
YOU WILL:
1. Within five days of termination pay all amounts due and owed to Jamberry Canada;
2. No longer have the right to offer or arrange sales of Jamberry products or services and you must
cease representing yourself as a Jamberry Canada Consultant immediately; and
3. Be ineligible to receive any unaccrued compensation or benefits as a Consultant.
You will cease use of Jamberry Canada Intellectual Property and Confidential Information and will cease
holding Home Parties, trade shows, presentations or otherwise displaying, offering for sale or arranging
for sale of Jamberry products. If you offer for sale or arrange to sell Jamberry products in violation of
the foregoing sentence, Jamberry will be entitled to recover from you Cdn $5,000 as liquidated damages
without having to prove actual harm.
If requested by Jamberry Canada, you will return all Confidential Information to Jamberry Canada. You
may return to Jamberry Canada unsold Jamberry products purchased within thirty days of pursuant to
the Buy-Back Policy below, provided that the products are in resalable condition, not discontinued, and
are returned with shipping charges prepaid and insured for their full value during shipment, and
Jamberry will reimburse you according to the Buy-Back policy set forth below. If you decide to return
any unsold Jamberry Products, Jamberry reserves the right to offset any amounts returned to you
against previously paid commissions or other rewards. The net refund will be issued within four weeks
from receipt of the returned product.
BUY-BACK POLICY
A Consultant may return any Starter Kits and marketing materials/business supplies that she personally
purchased from the Company during the previous year at any time.
1. Starter Kit
The Consultant Starter Kit may be returned within one year of purchase and is eligible for a refund of up
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to 90% of the purchase price. The Starter Kit must be returned in its entirety; all contents of the Starter
Kit must be unopened and all items must be unused and in resalable condition in order to receive a
refund. The Starter Kit must be returned to the Home Office via registered mail. A trackable and/or
insured (insured for approximately Cdn $200) shipping method should be used, as Jamberry Canada will
not be responsible for lost shipments. The original shipping and handling fees are not eligible for
refund.
Opened Starter Kits will be prorated to the resalable value. Damaged or used items may not be
returned.
2. Business Supplies, including those wholesale purchases purchased separately from the Starter Kit
Jamberry Canada offers business supplies and promotional materials, as well as wholesale product, for
your convenience. However, these items are not required to conduct business and may be purchased at
your option. Nevertheless, business supplies and promotional materials may be returned to Jamberry
Canada within 90 days of purchase for a refund of up to 90% of the purchase price, provided that the
business supplies and promotional materials are unopened , unused, and in resalable condition. If you
choose to return such business supplies and promotional materials, you are responsible for the cost of
the return shipment and insurance to cover the shipment. All such returns should be shipped by a
trackable means and should be insured for at least the retail value of the items being returned. Original
shipping and handling fees are not eligible for a refund.
3. Personal Website
You may cancel any services contracts or arrangements you have purchased including personal website
for a refund for any reason, (i) provided written notice (the “Cancellation Notice”) is provided to
Jamberry Canada, specifying the specific service(s) subject to cancellation (the “Cancelled Service(s)”).
Refunds will be provided for the Cancelled Service(s) pursuant to the policies below. In no
circumstances shall you be refunded for amounts paid in respect of Cancelled Service(s) in any month
PRIOR TO the calendar month in which the Cancellation Notice is delivered. Note however, that if you
cancel your personal website subscription, you will not be eligible to receive commissions or overrides
under the plan.
Where the Cancellation Notice is provided to Jamberry Canada prior to the 15th day of the calendar
month, you shall be reimbursed 100% of the amount paid for the applicable Cancelled Service(s) for
that particular month, and no further payments shall be required from you for the Cancelled
Service(s). Where Cancellation Notice is provided to Jamberry Canada on or after the 15th day of the
calendar month, but prior to the start of a new calendar month, you shall be reimbursed 50% of the
amount paid for the applicable Cancelled Service(s) in respect of that particular month, and no
further payments shall be required from you for the Cancelled Service(s), such reduced refund amount
being commercially reflective of your consumption and use of the Cancelled Service(s) during the first
half of the applicable month.
4. Product Inventory Purchases
Consultants may purchase retail products in advance as inventory to sell to the Consultant’s customers.
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Jamberry Canada pays retails commissions on such Consultant inventory purchases. Inventory may be
returned to Jamberry Canada within 30 days of purchase for a 100% refund of the purchase price, less
any commissions and overrides paid to Consultant that are related to the inventory being returned,
provided that the inventory is unused and in resalable condition. If you choose to return inventory, you
are responsible for the cost of the return shipment and insurance to cover the shipment. All such
returns should be shipped by a trackable means and should be insured for at least the retail value of the
items being returned. Original shipping and handling fees are not eligible for a refund. After the 30 day
return period, inventory may be returned for product credit, but is not eligible for a cash refund.
COMPRESSION
Compression occurs when a Consultant who has sponsored a team is either canceled or her Consultant
Agreement has been terminated.
At the time of a Consultant’s Cancellation or Termination of the Consultant Agreement, every
Consultant below her will immediately be compressed up to the next active Consultant in the cancelled
or resigned Consultant’s upline.
If a Consultant that was paid-as an Executive or higher in the last four periods is canceled (whether
voluntarily or involuntarily), their downline will only be compressed up under the following conditions:
1. If their Personal Sponsor has been paid-as an Executive or higher at least once in the last four
periods, then the downline will immediately be compressed up.
2. If their Personal Sponsor has not been paid-as an Executive or higher at least once in the last four
periods, then they will be given the following six periods to be paid-as an Executive or higher at least
twice. If the Consultant promotes to Executive in the last of the six month period, then they will be given
the following period to qualify as an Executive again (to meet the 2 periods of being paid-as Executive or
higher).
a. If the Personal Sponsor qualifies under these conditions, then the downline of the canceled
Consultant will be compressed up upon the completion of the qualifications.
b. If the Personal Sponsor does not qualify under these conditions, then the position of the canceled
Consultant will remain permanently vacant.
REACTIVATION POLICY
Consultants may reactivate only when their Consultant Agreement was terminated as a result of their
voluntary termination of the Consultant Agreement or for their failure to achieve 600 PRV during any
rolling 12 month period. Consultants who were terminated by the Home Office may not reactivate at
any time, except with the express consent of the Home Office. The Home Office reserves the right to
deny a request for reactivation. A Consultant who wishes to reactivate must:
1. Wait six months from the date of termination of the Consultant Agreement before reapplying.
2. Sign up online by submitting a new Consultant Agreement.
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3. Purchase a new Consultant Starter Kit.
Reactivation does not entitle a Consultant to take back her position and downline. Upon reactivation,
the Consultant must restart at the Career Title of Consultant and will have no downline.
TEAM MANAGER LEVEL RESPONSIBILITIES
Consultants who achieve the Team Manager pay level may be asked to sign an Addendum to the
Consultant Agreement. Please note that the Addendum will be provided to Consultants for their review
prior to the completion of Home Office’s standard month-end checks and processes that confirm all
promotion levels. If it is determined that a Consultant did not achieve Team Manager pay level in the
preceding month, that Consultant will be contacted by Home Office and need not execute the
Addendum. Consultants must submit the signed form to the Home Office within 15 days after the
month of advancement. (For example, if you advance to the next level on March 28, you must submit
the Addendum on or before April 15 to be paid as a Team Manager in April). Consultants who do not
execute the Addendum at the time of advancement can choose to execute the Addendum at any time in
the future, provided they allow 30 days advance notice. (For example, a Consultant who signs the
agreement after the 15 days, on April 16, will not be paid at Team Manager until the following month,
May.) Consultants can opt out of the Team Manager’s Addendum by sending an email to the Home
Office at any time. Please allow up to 30 days to process the request. Consultants may only execute the
Addendum once during a 12 month period. The purpose of the Addendum is to commit Consultant’s
with the Career Title of Team Manager or above to additional leadership requirements and
expectations, among other things.
COMMISSIONS POLICY AND PAYOUT TIMELINES
Consultant commissions, bonuses, rewards, and titles are based upon the Jamberry Canada
Compensation Plan which is incorporated into this Agreement by reference. Please review the
Compensation Plan for complete details, a copy of which can be reviewed here:
http://www.jamberry.ca/uploads/cms/docs/Compensation%20Plan.pdf].
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Commissions on your personal retails sales are paid based on the retail value of the products sold. All
other commissions, overrides, and bonuses, are based on the commissionable amount of the product.
Commissions do not apply to the sale of Consultant-only items (e.g. Starter Kit, business supplies,
promotional items, etc.).
A commission of 30% will be paid weekly by 11:59 p.m. each Friday for your personal retail sales
completed during the period from Wednesday at 12:01 a.m. through Tuesday at 11:59 p.m., i.e. the
period ending three days before the commission is paid out. All personal sales bonuses, level overrides,
advancement bonuses, matching bonuses and generational overrides will be paid monthly on or before
the 10th of the month as described below. If you are receiving your payments by check (and not
ProPay) your personal retail sales commissions will be paid monthly, not weekly.
End-of-Month Payout: All sales bonuses, level overrides, generational overrides, and other payments
will be paid monthly. Your end-of-month payout will be deposited on your card, on or before the 10th of
the following the month for U.S. Consultants. If the 10th falls on a weekend or holiday, the commissions
will be paid on the next business day.
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From time to time, we put items on sale at a promotional discount. These special sale items are
commissionable on the sale price of the item and not the regular retail price.
Business Supplies Credit, if earned, are credited within 5 to 7 business days after the commission period.
Please do not call to inquire before this time has passed. Promotions occur after the first of the month
following the month when all qualifications are met. Fast Start Rewards are issued weekly and are
typically paid within five business days of when they are earned.
If you have any issues or discrepancies with your commission report, they must be reported by the end
of the calendar month following the month for which the commission was issued. For example, if you
have a concern about September’s commission, which you would have received by October 10th, you
must report that issue to the Home Office by the end of October of that same year. Issues reported
after that timeline will not be researched or adjusted. Send your requests via email to
[email protected]
Online earnings reports list the amount of the commissionable product your downline has ordered each
month. If overpayments are made, amounts will be deducted from future payouts.
If you elect to not be paid your commissions via the ProPay Debit Card, then your commissions will be
issued by cheque. Commissions paid by cheque will incur a Cdn $2.50 per cheque processing fee.
Commissions payable by cheque are issued only if Cdn $30 or more is due. Commissions totaling less
than Cdn $30 will be added to the next month’s commission and issued when accumulated commissions
total more than Cdn $30.
If you fail to renew your Consultant Agreement due to inactivity or failure to meet minimum sales
requirements, or if your Consultant Agreement is terminated, you will receive bonuses and commissions
only for the last full pay period prior to the termination (less any amounts withheld during an
investigation preceding an involuntary termination).
A Consultant is a self-employed, independent contractor of Jamberry Canada. As the Consultant is not
an employee of Jamberry, the Company will not issue the Consultant Form 2200, “Declaration of
Conditions of Employment”. Instead, Jamberry Canada will issue a T4A form to every Canadian
Consultant who earns Cdn $500 or more during the previous calendar year. By the last day of February
of each year, Jamberry Canada will issue to each Consultant a T4A form for the previous calendar year.
The Consultant will have to report the income from her Jamberry Canada business on Form 2125,
“Statement of Business or Professional Activities”. Because the Consultant is self-employed, she may be
able to deduct certain business expenses. Each Consultant should discuss this with her tax advisor
and/or contact the Canada Revenue Agency for more information at www.cra-arc.gc.ca.
RECRUITMENT FEES PROHIBITED
To ensure compliance with the Competition Act, Jamberry Canada strictly prohibits Consultants from
giving “consideration for the right to receive compensation by reason of the recruitment into the plan of
another participant in the plan who gives consideration for the same right”. While Consultants have the
right to sponsor other Consultants, the Company does not pay any bonuses, commissions or other
remuneration, or allow Consultants to make similar payments, for mere sponsoring/enrolling.
A Consultant understands that there is only one revenue generating event for her, namely the service of
arranging for sale of Jamberry Nails products to retail customers, and acknowledge that all commissions
and other remuneration (including overrides, bonuses, incentives and awards) shall be paid solely as a
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consequence of a Consultant’s supply of the services of arranging for same and any voluntary training,
motivation and marketing efforts related to same shall be construed as incidental thereto.
A Consultant’s remuneration will be paid solely as a consequence of a supply of the service of arranging
for the sale of Jamberry Nails products to retail customers. No remuneration (including overrides,
bonuses, incentives and awards) shall be paid to anyone for the mere sponsorship or enrollment of any
other Consultant, or for any other reason. A Consultant is strictly prohibited from making or
representing that compensation is payable for anything other than arranging for the sale of goods to
retail customers.
ACCOUNT HOLDS
Jamberry Canada may, at its option, place a Consultant’s account on hold for money owed to Jamberry
Canada or for violation of other policies listed in these Policies & Procedures. If an account is placed on
hold, the Consultant may be prohibited from placing orders, receiving all or a portion of commissions,
registering for Conferences or other corporate events or obtaining other Consultant benefits until the
account is current and/or all Policy and Procedure violations are corrected; or, if the Consultant is in a
requalification period, until the requalification period has expired.
SUSPENSION OF CONTRACTUAL OBLIGATIONS
In certain circumstances, Jamberry Canada may agree to allow, as a matter of contract, a Consultant to
suspend their contractual obligations to the Company, on the grounds of maternity or other personal
leave issues, provided the total time during which the contractual obligations remain suspended does
not exceed three (3) months in any one twelve-month period. Consultants may elect to take a leave of
absence once every twelve months. The twelve-month period for testing to determine eligibility for
suspending the Consultant Agreement begins at the end of the last month of any prior leave taken, if
any. To request suspension of their contractual obligations, Consultants can notify Jamberry Canada by
e-mailing [email protected]
If a Consultant has earned the rank of Premier Consultant or below for two of the three months prior to
requesting suspension of her contractual obligations and provided the Company agrees to such
suspension of contractual obligations, the Consultant’s account will be placed on hold during this
suspension period. The Consultant will not be required to meet the PCV requirements to stay active or
to maintain a team. During the suspension period, however, the Consultant will not be able to access
their account, place orders, or receive any form of commissions. If a Consultant has earned the rank of
Team Manager or above for two of the three months prior to requesting suspension of her contractual
obligations and provided the Company agrees to such suspension of contractual obligations, the
Consultant’s account will not be placed on hold. Rather, the Consultant will have access to the
Consultant Workstation and personal website during the suspension period. The Consultant will be able
to make and receive retail orders and be paid on persona retail commissions only. The Consultant will
not be required to maintain the PCV requirements needed to remain active or to maintain a team.
Jamberry Canadareserves the right to review requests for suspension on a case-by-case basis to insure
that the suspension of contractual obligations policy is not abused.
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CORPORATE MARKETING, LEADS AND ASSIGNMENTS
Jamberry Canada makes a considerable investment in building our general brand and driving awareness
that will fuel all of our Consultants’ businesses. Our corporate marketing and public relations efforts are
intended to attract new potential customers and Consultants, which ultimately benefits every Jamberry
Canada Consultant.
OUR PHILOSOPHY
1. For building a great social selling business, there is no substitute for leveraging YOUR social network.
Home Office leads should not be expected and are not a way to build a personal business. We do
general marketing like press and events because we know that you can then show this media coverage
to your network of people and build excitement.
2. Our lead and assignment program has been designed to provide customers with the best possible
local experience. By honoring the customer, we believe we build the best business for all Consultants.
The Home Office will allocate Leads and Assignments with the utmost integrity to Consultants whom we
deem to be exemplary members of the Jamberry Canada team and who we believe will provide the best
support and leadership to our customers and new Consultants.
a. A “Lead” means a request made by a customer for more information about Jamberry Canada,
interest in hosting a home party or learning more about the opportunity to become a Consultant.
b. An “Assignment” means a new Consultant who have signed the Consultant Agreement but has not
indicated a Sponsor.
3. We do not make exceptions to this program and we are under no obligation to provide history or
explanations for our Lead and Assignment allocations.
The corporate marketing and public relations efforts will primarily direct potential customers/
Consultants to our official corporate website, www.jamberry.ca. While on the official corporate
website, the potential customer or Consultant may learn more about products and Consultant
opportunities. The following are examples of qualifications that Jamberry Canada may require for Leads
and Assignments. In general, most, but not all, Leads and Assignments will be given to a Consultant
who:
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Embodies the core values of Jamberry Canada and is an exemplary member of the Jamberry Canada
community.
Has a Jamberry Canada Personal Website.
Has earned the pay rank of Lead Consultant or above in the previous month for leads interested in
learning more about the Consultant opportunity.
Has qualified in the previous month for leads interested in hosting a Home Party.
Have sponsored one new Consultant and performed the leadership support practices.
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Jamberry Canada has the right to transfer any Consultant who was a Corporate Lead to another team if
the Home Office determines the Consultant is receiving inadequate coaching as per the leadership
support practices.
The Company encourages a Consultant to advertise her personal website in online blogs, social media
sites, and other commercial websites as much as possible to drive online sales. However, please note
that we have specific rules around online advertising that include:
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Compliance with our advertising and online policies. When you market your business, always refer to
yourself as a Jamberry Canada Independent Consultant to eliminate confusion between your personal
website and the official Jamberry Canada website. You may never sell your products on any site other
than Jamberry Canada (this includes eBay, Etsy, or other auction sites).
You may not create search engine marketing campaigns (this includes Google AdWords) as it directly
competes with Jamberry Canada’s official website and any advertising placements we are running.
On Facebook, please keep your paid advertising local and remain within 100 miles of your home.
You may not offer blanket discounts in your ad as per the policy on Blanket Discounts.
TAXES
INCOME TAX
As a self-employed professional, it is up to you to maintain complete records regarding your income and
expenses. This will greatly assist you when calculating your taxes every year. There are many tax
benefits that can be available to self-employed individuals, and everyone should consult their own tax
advisors concerning how the benefits may apply to each individual case. Visit the Canada Revenue
Agency (“CRA”) website ( at www.cra-arc.gc.ca)or call 1-800-959-8281 for more information.
The CRA requires the Company to send a T4A form to every Canadian Consultant who earns Cdn $500
or more during the previous calendar year. By the last day of February of each year, Jamberry Canada
will issue each Consultant a T4A form for the previous calendar year.
As a Jamberry Consultant, you are an independent contractor to Jamberry, not an employee. Because of
this distinction, you are self-employed for income tax purposes. You will report your commission
income on Form 2125, “Statement of Business or Professional Activities.” As a self-employed individual,
you may have significant advantages in deducting certain business expenses. Examples include home
office deductions, business use of your auto, home computer usage and travel and entertainment
expenses. We strongly recommend that you talk with your own tax advisor to learn how the tax laws
apply to your Jamberry business.
Throughout the year, keep all of your receipts for income and expenses in one place. Designate a folder
for paperwork and don’t forget to write down mileage that you’ve traveled in order to conduct your
Jamberry business. This will make it much easier for you to calculate your tax return at the end of the
year.
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SALES TAX
You will not be treated as an employee for purposes of the GST/HST, QST, PST and other like sales taxes
(including any future harmonized sales taxes). If we are required to charge any such taxes in respect of
our supply of goods or services to the Consultants or to our direct retail customers, we will collect and
remit these taxes in respect of our sales as appropriate. However, we are not responsible for collecting
or remitting any sales taxes on your behalf. You are responsible for collecting and remitting all
applicable local, provincial, and federal sales taxes, and for all other federal or provincial tax compliance
obligations imposed on your business, although, as set out below, we may at our discretion enter into
sales tax collection agreements with the federal and provincial taxing authorities.
COLLECTION AGREEMENTS/ARRANGEMENTS
Notwithstanding the foregoing, we reserve the right to enter into sales tax collection agreements with
the federal and provincial taxing authorities which could relieve you of the burdens of charging,
collecting or remitting sales taxes (including GST/HST, QST and applicable PST). Where applicable, we
will notify you of the implementation of such agreements, and will charge and collect sales taxes
accordingly.
Where we choose to enter into a sales tax collection agreement, you agree that we may jointly elect on
your behalf to have the applicable procedures, including section 178 of the Excise Tax Act, apply where
approval has been granted by the applicable tax authority.
Where we have been approved to operate under any such agreements, you agree to follow the
appropriate procedures.
EXEMPT SALES
If you’re offering or arranging for sale of products to a tax-exempt organization, we can remove the tax
from the order prior to submission. The organization will need to provide satisfactory evidence of its
entitlement to the tax exemption. For more information about sales to tax-exempt organizations,
please contact Jamberry Canada.
Insurance
If you have a vendor event at a facility, you may be required to provide proof of general liability
insurance. Consider speaking with your insurance agent about whether or not you need coverage for a
small and/or home- based business. If you are using a vehicle for your business, you can you also
discuss auto insurance.
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ADVERTISING, PRESS, TRADEMARK AND PUBLIC IMAGE PROTECTION
REPACKAGING OR RELABELING
Because repackaging could violate laws or result in civil liability, all products must be sold in their
original packaging only and may not be altered. Offering or arranging sales of half sheets of nail shields
is strictly prohibited.
TRAINING MATERIALS
Consultants may not produce, distribute or sell DVDs, videotapes, audiotapes and other training
materials bearing the Company brand and name. If you have suggestions for training material, please
submit your ideas to the Home Office by e-mailing [email protected]
LIABILITY
1. Jamberry Canada cannot guarantee or in any way be responsible for Jamberry products
purchased from sources other than Jamberry Canada.
2. Jamberry Canada cannot guarantee or in any way be responsible for products that are not officially
part of the Jamberry Canada product line.
3. Jamberry Canada cannot guarantee or in any way be responsible for products that have been
imprinted with the Jamberry trademark by sources other than Jamberry Canada.
4. Jamberry Canada cannot guarantee or in any way be responsible for products that are used or
applied in a manner inconsistent with the stated intent or instructions of Jamberry Canada.
5. Jamberry Canada cannot guarantee how a customer’s nails will react to its nail wraps. If you or a
customer notices that the nail wraps are causing dryness or damage to the nails, please follow the
removal instructions, follow industry nail care advice, and wait three weeks before applying a new set of
nail wraps.
TRADEMARKS
1. Consultants’ duplication of Jamberry trademarks or service marks is prohibited. Examples of
Jamberry trademarks include, but are not limited to, Jamberry, or the Jamberry logo. Display or sales of
Jamberry product in retail or service establishments of any kind are inconsistent with the purpose for
which the trademarks are registered.
2. When reproducing the Jamberry logo, it must not be altered in any manner or form.
Jamberry Consultants may not duplicate the Jamberry trademark for private use or for the intention of
offering or arranging sale of non-Jamberry products to others.
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ADVERTISING AND PRESS
You may advertise in local publications and online, but must make sure your advertisement is accurate,
professional and not misleading in any way. You must always list your Jamberry Canada personal
website address and use only official Jamberry logos and images. If you list contact information, you
must identify yourself as an Independent Consultant so that there will be no confusion that you
represent the Home Office. You may advertise sponsoring opportunity events, home parties or any
other Jamberry Canada events you choose. You may not run advertisements that feature specific
products for sale or blanket promotions (please review our policy on blanket discounts).
PRESS CONTACTS AND LEADS
The Home Office and our public relations firm are the primary points of contact with any and all
journalists, top-tier bloggers*, editors, celebrities and large-scale fashion and beauty influencers on
behalf of Jamberry Nails. Any Consultant wishing to contact any of the aforementioned press or media
entities, even if they are hyper local, is required to contact the Home Office Marketing Department first.
We may already be working with them, and if we are not then we can work with you to further your
goal in working with them while ensuring you are compliant with our policies and procedures regarding
these relations. Please direct any and all questions and media inquiries to [email protected]
*Top-tier bloggers include any blog that has a reach/following of 5,000+ people. If you are contacted
with a blogger that is classified as a top-tier blogger, please forward their message and contact
information to [email protected]
MEDIA PROMOTIONS
The Home Office initiates all television, cable TV, radio, Internet, newspaper, newsletter and magazine
interviews, features and paid advertisements. Jamberry Consultants may not initiate, authorize or
implement national or regional media publicity. Consultants, however, are encouraged to
initiate/implement local media interviews.
All interviews with the media must be handled through the Company Communications Manager.
Whether the media outlet pursues you or vice versa, you must inform the Company before the
interview is conducted (no exceptions). Contact the Home Office Marketing Department immediately
and refer the reporter/writer to our public website for contact information. If you are approached by a
member of the national media about contributing to a story, you must refer her or him to the Company
immediately. Contact [email protected]
As with advertising, you may only personally approach local media when submitting a press release or
story pitch. Your copy must be approved through Jamberry Canada prior to sending it. You may submit
your copy for approval to [email protected]
The Company requires Consultants to list the Jamberry Canada web address in addition to any personal
contact information. The Company must approve proposals for regional or national media promotions in
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advance. Look online in the Consultant Workstation for high-resolution logos and advertising guidelines.
PHONE LISTING POLICY
A business phone number may be listed in the following manner:
Name, Career Title with Jamberry Canada
Independent Consultant
Address
Phone Number
CHEQUING/CHARGE ACCOUNTS
Jamberry Consultants may not use the trademark or trade name Jamberry on bank accounts, credit
applications with local suppliers or other business forms. Chequing accounts can simply be designated as
“Business Accounts.” Or, if you need to list a business on your chequing account, credit application or
other form, use your name and “Jamberry Independent Consultant.” The intent of this is to avoid any
implication that a Consultant business is the Corporate Office.
ONLINE COMPLIANCE
Jamberry Canada builds our brand for the general benefit of all Consultants. Thus, our trademarked
brand name cannot be used to drive traffic away from our corporate site. Our corporate site allocates
Leads to all qualified and active Consultants. Infractions may result in the immediate termination of a
Consultant account.
You may not represent yourself in any way online that detracts from the Jamberry brand. You may only
have a Personal Website through Jamberry Canada. In compliance with laws and Direct Selling
Association policy, all Independent Consultant marketing both in print and online must clearly appear as
though it is coming from an independent representative of the Company and not lead the consumer to
think they may be interacting with the corporate office. Furthermore, any ad in which the trademarked
Jamberry name or logo is used must be approved by the corporate office. Corporate-approved
advertisements will be made available online in the Consultant Workstation.
MARKETING AND NAMING OF PERSONAL WEBSITES
Using a generic extension like shop, nail shields, cities or major regions, etc., is not allowed as it appears
to the end user that this is a corporate site URL. Your extension must relate to your name. You cannot
use any name like www.jamberry.ca/nailshields; ww.jamberry.ca/shop; or
jamberry.cawww.jamberry.ca/ontario.
RESTRICTED USE OF JAMBERRY TRADEMARKED NAME
The trademarked Jamberry name cannot be used in any Google AdWords or other search engine
marketing campaigns of sponsored links. This includes the use of your Personal Website, since this
contains jamberry.ca. All web advertisements must clearly contain the descriptor of Independent
Consultant in both the title and description field.
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USE OF JAMBERRY IN URLS
You may not use jamberry, jamberrynails, or any derivative in a registered URL with any extension. This
is in violation of our trademarked name and can result in the termination of a Consultant account. For
example, you cannot register or use any URL like www.myjamberry.ca or www.jamberrynails.tv, etc.
USE OF JAMBERRY IN E-MAIL ADDRESSES OR SOCIAL NETWORKING NAMES
You may not use jamberry, jamberrynails or any derivative of that in any e-mail addresses or social
media names. For example, you may not use anything like [email protected] or
[email protected] or Jamberry Arizona for a Facebook group page. If you do this, we you
may be required to change your email address or the social media name before you are eligible to
receive commissions or overrides.
USE OF JAMBERRY CONFIDENTIAL INFORMATION – NAMES, ADDRESSES, EMAILS
As a Consultant you may be given access to certain information about your downline including names,
email addresses, addresses, phone numbers, etc. All of this information is confidential and should not
be used for any purpose other than Jamberry business. You are restricted from using this information to
send invitations to or information about other direct sales companies, school fundraisers, personal
issues, or the like. If you misuse this information, your Consultant Agreement may be terminated and/or
your access to such information may be removed.
SOCIAL NETWORKING PAGES ON FACEBOOK AND MORE
You cannot create a fan page on Facebook or any other social networking site that appears to be the
corporate office. However, you may create a site that includes the term “Independent Consultant for
Jamberry” in the name. You cannot use the word “official” or anything similar. You cannot create an
alias for any sites like Twitter or others that use any permutation of the Jamberry name. The social
network page cannot make mention of “Jamberry” without being qualified by “Independent Consultant
for Jamberry” or “Jamberry Independent Consultant.”
SOLICITATION OF BUSINESS ON FACEBOOK, CONSULTANT FACEBOOK GROUP, TWITTER OR OTHER
SITES
Consultants may not use the Jamberry Official Facebook Fan Page or Consultant Facebook Group to
solicit business, drive people to your Personal Website, or sign up team members. An additional list of
rules for the Consultant Facebook Group can be found on the Consultant Facebook Group Home Page
and the Consultant Start-Up Guide.
SALES THROUGH AUCTION SITES OR OTHER INTERNET SITES
Jamberry Consultants may not sell Jamberry Nails products on any website other than her personal
Jamberry website (including site such as e-bay, craiglist, or Groupon). Jamberry Consultants may not
display product images on other websites with the intent to sell.
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You may NOT offer or arrange sales of Company products (including Business Supplies) through any
online auction service or any other website. Nor may you advertise your business or the business
opportunity through online auction services. We have a no-tolerance policy on Internet sales and any
infractions may result in immediate termination.
MARKETING THROUGH PERSONAL BLOGS AND OTHER SITES
If you maintain a blog, email, newsletter, or website outside of the Personal Website that Jamberry
makes available to its consultants, you may not market, sell, or promote any other products or direct
sales companies alongside Jamberry products. Doing so may result in your suspension or termination of
the Consultant Agreement.
THIRD PARTY WEBSITES THAT REFER LEADS TO JAMBERRY CANADA
What is an affiliate program?
An affiliate program is a marketing practice in which Jamberry Canada pays certain third party websites
for each new customer or Consultant they drive to the jamberry.ca websites through the affiliate's own
marketing efforts. Our primary goal for our affiliate program is to acquire new customers so that we can
direct business to our Independent Consultants.
Can Consultants become affiliates?
No, Consultants cannot be affiliates. Instead, Consultants earn commissions for sales of products under
the Consultant Compensation Plan. So, even if we pay an affiliate commission on an order to an outside
third-party website, the new customer is referred to a Consultant who can offer and arrange sales of
products to the new customer and in turn will receive a commission on the sale of the product.. If you
have questions about the Jamberry affiliate program, contact us at [email protected]
Home Office Sponsored Co-Branded Promotions or Giveaways
Jamberry Canada reserves the right to partner with other brands or websites to create occasional cobranded promotions or giveaways. The purpose of these promotions is to gain awareness among (and
access to) a new set of consumers who may not otherwise know about Jamberry Canada. Our primary
goal is to acquire new customers so that we can direct business to our Independent Consultants.
In addition, partnering with well-known and highly-regarded brands promotes Jamberry’s fashion
authority and raises overall brand awareness – helping open doors for our Consultants’ own personal
businesses.
Please note: as a reminder to our Consultants – in order to enhance the end-user experience, we
request that Consultants do not use these home-office sponsored promotions as a way to direct traffic
to their personal websites. (For instance if there is a contest where a website asks users to submit
comments related to the promotion, please do not use the comments as a way to promote your
personal website.) As you can imagine, this activity does not support the brand awareness goal and can
cause confusion among people new to the brand. All leads acquired from this promotion will be
distributed through our normal lead referral program.
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PURCHASE AND SALE OF PRODUCTS
Jamberry is a direct-to-consumer business, and a Consultant’s success with customers depends on
personal relationships. Through direct sales, the consumer may try before buying and receive proper
individual instruction in product usage, both before and after the sale. Therefore, Jamberry Canada’s
policies regarding sales are intended to steer Consultants away from the pursuit of the one-time only,
impulse sale, toward long-term, relationship-based sales. That is why Jamberry Consultants are
encouraged to conduct in-person informational Home Parties for individual consumers or groups.
BLANKET DISCOUNTS
You may not offer your Consultant discount to the public at large, including friends and family. This
prohibition does not apply to sales pursuant to any Fundraising programs that the Company may have in
place at any given time or to wholesale sales to Salons. Your personal discount is for personal purchases
only. You may however, buy gifts for others with your discount.
You are prohibited from offering a blanket discount at Home Parties, through your personal website, or
other marketing channels, including Facebook. This includes “25% off everything at my Home Party” or
place an “online order with me and I will rebate you 15%.” Any other permutation of an offer that serves
to undercut the retail price of Jamberry is restricted.
You may however offer specific, time limited, occasional incentives such as “book a Home Party tonight
and get $25 off your order,” or, “spend over $100 and receive free shipping,” so long as your promotions
(including free shipping):
•
Are offered to a limited group of customers (members of a club, specific group of individuals,
not, for example, an open invite to anyone who can view your Facebook profile).
•
Run for no more than 3 days.
•
Occur no more than one time per quarter.
You may then personally incur the cost of the shipping or specific promotion for your customers.
Any promotional discount that contributes to a Consultant’s minimum PRV requirements for earning
overrides or her volume rebate will be grounds for termination of her Consultant Agreement with the
Company by the Home Office. We expect our Consultants to use their conservative discretion when
interpreting the terms of this policy.
SALES PRESENTATIONS
At sales presentations, you will truthfully represent the Company, yourself and the products. You may
not use any misleading, deceptive or unfair sales practices. Explanation and demonstration of products
offered will be accurate and complete, including but not limited to, price, terms of payment, refund
rights, guarantees and after- sales service and delivery. Personal or telephone contact will be made in a
reasonable manner and during reasonable hours to avoid intrusiveness. Immediately discontinue a sales
presentation upon request of the consumer. Also, refrain from using comparisons which are likely to
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mislead, and which are incompatible with the principles of fair competition.
BONUS BUYING
The success of the Company depends on retail sales to the ultimate consumer. It is possible to conduct a
healthy business with no product inventory other than your samples. While the Company recognizes
that you may wish to purchase certain products for your own use, or in some cases, for “instant
delivery” to customers in need of last-minute gifts, it strictly prohibits the purchase of products in
unreasonable amounts and prohibits the purchase of products only or primarily to qualify for
compensation levels or incentive programs. This is one of the unethical practices that we refer to as
“Bonus Buying” and is strictly prohibited. Bonus buying may also result in the immediate termination of
a Consultant Agreement.
Bonus Buying includes:
1. The sponsorship of individuals without their knowledge and/or execution of an Consultant
Agreement on behalf of others without their knowledge;
2. The fraudulent sponsorship of a Consultant;
3. The sponsorship or attempted sponsorship of nonexistent persons as Consultants (“phantoms”);
4. The use of a credit card by or on behalf of a Consultant when the Consultant is not the accountholder of such credit card;
5. Subsidizing the entire or partial cost of a customer purchase or New Consultant Starter Kit purchase
that counts towards your volume or adds a Consultant to your team. This includes offering a blanket
discount or rebate on the purchase of goods;
6. The purchase of product to qualify for contests, fast-start bonuses, promotions, personal sales
requirement for coaching commissions or pay rank;
7. Maintaining excessive inventory. Consultants may not inventory load, encourage others to inventory
load or represent that there is any obligation to purchase products, literature or other sales aids except
for the Starter Kit, nor shall they represent that overrides, bonuses or other earnings may be obtained
solely from the purchase of products rather than the sale of products. Inventory is not a component of
our business and should not be carried beyond the month in which it is intended to be sold.
CLOSING PARTIES AND CUSTOMER DELIVERY
All parties must be closed and submitted within the Jamberry Canada system within five days of the
actual home party orders being given to the Consultant. Home Parties must close in their entirety
within fourteen days of holding the actual Home Party. In addition, all customer orders given directly to
a Consultant must be submitted and closed within the Jamberry Canada system within five days of the
customer placing the order. If a customer or party order is shipped directly to a Consultant, the
Consultant must deliver the orders to the customers within five business days of receipt. Any violation
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of this provision may result in immediate termination of the Consultant Agreement with the Compnay
by the Home Office.
THIRD-PARTY CONSUMERS
Consultants who cultivate business contacts must remember that the business can purchase Jamberry
products as gifts for employees or clients, but there may not be a resale value attached to the products.
Consultants cannot become a “vendor” to another business. Consultants who offer or arrange sale of
Jamberry products to a business for gifts must include a personal letter with each gift that provides
information about how the end-user can receive personal service from the Consultant. Large-scale sales
of Jamberry product to regional or national companies are prohibited since they do not lend themselves
to the development of personal relationships and personal service that Jamberry is based upon.
CUSTOMER REFUNDS AND RETURNS
You must comply with the Return Policy and procedures currently listed on the Jamberry
Canada website at www.jamberry.ca.
Customers and consultants are only eligible to return up to $1,000 of retail products during any 12
month period. Any attempt to return products for a refund in excess of $1,000 will be denied and
such returns are ineligible for a refund. If a consultant returns product for a refund and a commissions
has already been paid to the consultant for the sale of such product, any refund will less the
commission amount.
CUSTOMER ORDER FORMS AND SALES RECEIPTS
All Consultants making person-to-person sales to customers (including any sales subject to provincial
direct selling requirements) shall ensure that the customer is provided with the then current copy of the
Jamberry Canada Sales Order Form, properly completed, and signed by both the Consultant and the
customer. The Sales Order Form sets out, among other things, the Buyer’s Cancellation Right afforded
to the customer under provincial law. Consultants must ensure that all information fields in the Sales
Order Form are completed, including the following:
(1)
the date of the transaction;
(2)
name and address of the selling Consultant; and
(3)
the signatures of the selling Consultant and the customer, and the location where the Form was
signed.
In addition, the Consultant shall orally inform the customer of his or her cancellation rights.
Consultants are required to keep a copy of each Sales Order Form for their own records, and shall be
required to retain same for a period of at least seven (7) years.
Where a customer places an order through a Consultant’s personal website, the customer will be
required to positively accept the sales contract during the order process, and will thereafter be provided
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with an Electronic Receipt providing printable evidence of the sales contract, and otherwise providing
disclosure as required by provincial law. Consultants will be provided with a copy of each Electronic
Receipt for their own records, and shall be required to retain same for a period of at least seven (7)
years.
CUSTOMER CANCELLATION RIGHTS
Consumer protection laws in Canada’s various provinces generally requires a mandatory 10 day cooling
off/cancellation period for sales of products or services and effectively requires that every purchaser be
given the unqualified right to cancel the direct sale contract, within 10 days of purchase. This right is set
out on the back of the Jamberry Nails Order Forms.
A Consultant is required by law to tell her customers about their right to cancel orders within ten
business days. If a customer cancels an order within the applicable cancellation period, a Consultant
must promptly refund the customer’s money (as long as any products the customer received are
returned to the Consultant in substantially the same condition). This includes an order for personalized
products. If a customer cancels an order that the Consultant has already submitted to the Company,
please contact Support at [email protected]
TERRITORY RESTRICTIONS
There are no exclusive territories granted to anyone, and no franchise fees are required.
INTERNATIONAL SALES
Due to complex legal and tax considerations involving international sales, no sales or recruitment efforts
may be made outside Canada, unless you have received written approval from the Home Office.
OUT OF STOCK PRODUCTS ITEMS
The Company will quickly ship all products currently in stock. Any out-of-stock items (unless
discontinued) may be placed on back order and will be distributed upon Company receipt of additional
inventory. A Consultant will be charged and granted commissions on future ship items once the order is
submitted. Items designated for future ship may be cancelled on a Consultant’s request and a credit will
be made to either the Consultant or customer card based on the original payment method.
Commissions will be adjusted accordingly. If the item designated for future ship cannot be filled, the
Company will cancel the order and adjust commissions accordingly. The Company has the right to offset
such amounts against future commission and other compensation paid or owed to the Consultant who
received commissions for subsequently canceled orders.
RETAIL OUTLETS
We do not allow Consultants to set up a permanent retail display and sell Jamberry products in a retail
environment. They are intended to be sold at a Home Party. A retail outlet includes a kiosk in a mall,
boutique, grocery stores, flea markets, etc.
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You may conduct a Home Party at the same retail location (such as a restaurant) once every 3 months,
and no more than 4 times a year.
NON-RETAIL BUSINESSES
Consultants may leave a flyer in non-retail establishments, such as doctors’ offices, provided the intent
is to attract participants to a Home Party, not to sell. Restaurants are not retail establishments and you
may periodically conduct Parties or meetings in a restaurant.
MAIL ORDER
Jamberry Consultants may not advertise, promote, sell or sponsor through other company catalogs.
CONSULTANT-TO-CONSULTANT SALES POLICY
Consultants may make Jamberry products available to other Consultants on a cost-recovery basis. For
example, when a Consultant has an item in her samples and does not have time to receive an order
from Jamberry Canada, it is acceptable for one Consultant to sell the Jamberry item to another at the
Consultant purchase price. No adjustments of volume or commissions will be made by the Home Office.
Violation of this policy will result in the termination of your Consultant Agreement with the Company.
RENTAL SPACE
Consultants may rent space for Home Parties, however, in order to prevent the appearance of such a
space as being a retail establishment, Consultants may not store product in the location. The product
must be stored in the Consultant’s home. Permanent signage or telephone rental locations are
prohibited.
INTERNATIONAL DISTRIBUTION
Jamberry Nails Consultants may not conduct business outside of Canada. Jamberry Nails Canada does
offer Consultants the opportunity to sponsor consultants in the United States with special approval. If
you are interested in sponsoring consultants in the United States, contact [email protected]
for more information.
MARKETING MATERIALS CREDIT
Consultants may earn credit that can be used towards the purchase of marketing materials (catalogs,
host join pamphlets, sample cards, postcards, order forms) based on the following monthly retail sales
volumes listed below:
Monthly Personal Retail
Volume (PRV)
Marketing Materials
Credit
Under 600
Cdn $0
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600 - 699
Cdn $25
700 - 799
Cdn $30
800 - 899
Cdn $35
900 - 999
Cdn $40
1,000+
Cdn $50
Marketing materials credit that is more than six months old on June 30 and December 31 of each year
will expire. Marketing materials credit may only be used on marketing materials and not on any
promotional products, retail products, shipping, or taxes.
EVENTS
BEST PRACTICES – OPPORTUNITY EVENTS
The purpose of a Company sponsored opportunity event is for guests to come and have fun while
feeling welcome and comfortable to explore the business and gather more information about becoming
a Consultant. It’s also a great event for Consultants to attend along with their guests, or to come alone
and learn how to talk to others about our opportunity. We want the atmosphere to be light and lowpressure, but informative and helpful.
As we grow in popularity, there is a chance that some guests may arrive at our opportunity event who
are “unattached” to an existing Consultant. There is also a chance that a guest was informed of our
event by a fellow Consultant that couldn’t be in attendance. To help reduce confusion, we ask every
guest to fill out a short information card upon arrival. This card is then used to figure out where, and
with whom, most guests belong.
In the case of an “unattached” guest, here is the procedure that should be followed:
•
A list of all Consultants in attendance of the opportunity event will be kept
•
“Unattached” guests who end up becoming Consultants as a result of our opportunity event
will be assigned using the Home Office Leads system.
Please remember that this situation is rare and you should not attend an opportunity event in the hopes
of sponsoring someone new (unless you’ve invited a guest of course!). Please refrain from handing out
your personal business cards to any “unattached” guests in the hopes of sponsoring and instead, answer
any questions they may have in a helpful way. In the end, everyone benefits and if not personally at this
event, then perhaps down the road.
BEST PRACTICES – TRAINING EVENTS
The Home Office will not be responsible for lost or stolen inventory in the event that a Consultant brings
her own inventory to a Training event. The Home Office recommends that all inventory be locked up
during break periods.
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TEMPORARY SALES EVENTS
Public events can be opportunities to receive exposure for your Jamberry business. You can find people
interested in hosting a Home Party, purchasing the product or becoming a Consultant. However, it is
important to consider the cost vs. the return. Consultants may promote their business (offering or
arranging sale of Jamberry products and sponsoring) at exhibits and trade shows, in accordance with the
following:
•
The registration for the event must be as a Jamberry Consultant.
•
The first Consultant to register for the space with the event sponsor has the right to conduct
that event. If a second Consultant would also like to participate, she must contact the first registrant and
obtain her permission. If two Consultants are registered without prior knowledge, it is up to the second
Consultant to withdraw from the event if the first registered Consultant does not want double
participation. When registering for events, it is a good business practice to check cancellation policies
and to proactively check with the sponsor to ensure another Jamberry Consultant is not already
registered.
•
The booth must be staffed at all times and must not be shared by another business.
•
An event held in the common area of a shopping mall is permissible.
Please note that Expos, Trade Shows and Booth Events are not considered a core part of the Jamberry
business and the Home Office does not specifically recommend participation in these events, nor do we
endorse any specific event. Furthermore, as an Independent Consultant, you are responsible for your
decision to host or co- host a booth at an Expo, Trade Show, or Booth Event. The business agreements
made between Jamberry Consultants to host or co-host an event are the proprietary responsibility of
the Consultants and the event planners. We strongly advise every Consultant to evaluate every business
decision thoroughly before proceeding with the understanding that the Home Office is not responsible
for the Consultant’s participation or subsequent results.
Participation in any one specific Temporary Sales Event shall be limited to two weeks in a calendar year.
The goal of Jamberry Canada in establishing this policy for trade shows, expos and craft fairs is to
promote the professional image of Jamberry Canada and all Consultants, and provide an atmosphere of
mutual respect and ethical cooperation. You are encouraged to take creative approaches in your selling.
However, your primary approach should always be a Home Party. Before agreeing to participate in any
other type of event, you should be able to answer “yes” to the following questions:
п‚·
п‚·
п‚·
п‚·
Is this event fair to all parties involved?
Is this legal and ethical?
Will this generate new bookings or future business?
Will this approach provide the best environment for a successful event for the Hostess?
If a Temporary Sales Event (such as a craft fair or holiday bazaar) a) is set up inside a retail environment
(such as a shopping center or base exchange); b) occurs more often than every six weeks in its entirety,
and/or c) occurs for twenty-five (25) consecutive days or more, you may set up a display about your
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independent sales business for the event but you may NOT have product available for cash and carry
sales. An established retail environment is defined as a location in which permanent retail activities take
place, such as inside a shopping center, inside or adjacent to a base exchange, or inside or adjacent to a
permanent swap meet. Shopping center kiosks, base exchanges, or permanent swap meets are not
approved locations for temporary sales forums, because they take place within an established retail
environment.
If you have any questions about whether to participate in an event, please contact Support.
When you register to participate in an event, the event sponsor may ask you for your sales tax
registration or inform you that you must post a copy of your Seller’s Permit at your booth. Regarding
charging and collection of sales tax, please refer to “Sales Tax” section on page 27 for details. If you are
required to provide sales tax registration information to the event organizer, please email
[email protected] with the name and contact information for the event and we can
provide you our sales tax information and information on how to obtain an insurance rider for the
event.
ASSISTANCE FOR HEARING IMPAIRED AT HOME OFFICE EVENTS
While the Home Office holds several events throughout the year, the Company is not required to
provide accommodations for hearing impaired Consultants. Consultants are independent and not
company employees, and therefore should be prepared to make their own accommodations.
GENERAL PROVISIONS
Website Downtime
You acknowledge that the Jamberry website may be subject to temporary shutdowns from time to time
for maintenance and/or due to causes beyond the operating party's reasonable control, and that neither
party shall have any liability to the other by reason of any such shutdowns.
CONTRACTUAL REMEDIES
Any breach of these Policies & Procedures or the Consultant Agreement, or any illegal, fraudulent,
deceptive or unethical business conduct on your part may result, at our sole discretion, in one or more
of the following contractual remedies:
•
Issuance of a written warning or admonition.
•
Seeking a liquidated damages amount from you, which may be imposed immediately or
withheld from future commission cheques.
•
Reassignment of all or part of your organization.
•
Placing you on Account Hold, during which period you may not conduct Jamberry business or
receive compensation.
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•
Suspension of your Consultant status, which may result in termination, or reinstatement with
conditions or restrictions.
•
Termination of Consultant status.
ACTS OF HOUSEHOLD MEMBERS
The violation of a provision of the Jamberry Consultant Agreement or these Policies & Procedures by any
member of your immediate household will be imputed to you and will subject you to appropriate action
by Jamberry Canada, including possible termination of your status as a Consultant.
GRIEVANCES AND COMPLAINTS
If you have a grievance or complaint about another Consultant that you are unable to resolve regarding
any practice or conduct related to the Jamberry business, please submit a report (electronic or written)
describing the situation to Jamberry Canada Consultant Support for review to
[email protected]
REPORTING POLICY VIOLATIONS
If you observe a violation of the Policies & Procedures by another Jamberry Consultant, please submit a
report (electronic or written) to Jamberry Consultant Support ([email protected])
describing the circumstances, evidence and any other pertinent information. Your report to the
Company will be held in the strictest confidence.
AMENDMENTS
The Company reserves the right to amend 1) Consultant Agreement, 2) the Compensation Plan, 3) the
Policies & Procedures, 4) its prices, 5) product and service availability at any time without prior notice as
it deems appropriate. Amendments will be communicated to Consultants through official Company
publications, websites, or voice or e-mail. Amendments are effective and binding on all Consultants as of
the date of issuance. In the event of any conflict between the original documents and policies and any
such amendment, the amendment will control.
INDEMNIFICATION/OFFSET
As a Consultant, you indemnify and hold harmless Jamberry Canada and its owners, employees, agents
and assigns from and against any damages, claims or liabilities and expenses (including attorneys’ fees)
incident to your: (a) activities as a Consultant including, without limitation, any unauthorized
representations made by you; (b) breach of the terms of the Consultant Agreement; or (c) violation of or
failure to comply with any applicable federal, provincial or municipal laws or regulations. Jamberry
Canada shall have the right to offset any amounts owed by you to Jamberry Canada (including, without
limitation, the repayment of commissions as a result of product returns) against the amount of any
commissions or bonuses owed to you.
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TELEPHONE SOLICITATION
Consultants may not use or transmit unsolicited faxes, make unsolicited telephone calls, or use an
automatic telephone dialing system relative to the operation of their Jamberry businesses and agree to
inform themselves of the laws applicable to telemarketing. The terms “unsolicited faxes” and
“unsolicited telephone calls” means faxes and telephone calls, respectively, made for the purpose of
solicitation to a recipient who has not consented to the fax or telephone call. The term “automatic
telephone dialing system” means equipment which has the capacity to: (a) store or produce telephone
numbers to be called, using a random or sequential number generator; and (b) to dial such numbers.
Consultants are not authorized to make unsolicited telephone calls or send unsolicited faxes on
Jamberry Canada’s behalf. If a Consultant decides to make such calls to persons with whom he/she
has an Existing Business Relationship (defined to arise where (1) a product or service has been
purchased by the person from the Consultant within the previous 18 months, (2) an inquiry or
application has been made by the person of the Consultant within the previous 6 months, or (3) there
is a written contract currently in effect between the person and the Consultant or that has expired
within the previous 18 months), they do so on their own behalf and are required to undertake that
they will comply with all applicable rules and laws, including: (1) privacy laws, (2) registration with the
National Do Not Call List program under the Telecommunications Act rules, (3) maintaining a Do Not
Call List so that consumers may request not to be called, and (4) disclosing the following information
at the beginning of the call: purpose of the call, a toll-free telephone number for questions or
comments about the call, the nature of the product or business interest being promoted, and the
identity of the person or organization on whose behalf the call is made, the price of any product being
promoted and any material restrictions, terms or conditions applicable to its delivery. Consultants are
not permitted to make or send any other unsolicited telephone calls or unsolicited faxes.
CUMULATIVE REMEDIES/WAIVER
All rights, powers and remedies given to Jamberry Canada are cumulative, not exclusive and in addition
to any and all other rights and remedies provided by law. No failure or delay of Jamberry Canada to
exercise any power or right under this Agreement or to insist upon strict compliance by you with any
obligation or provision shall constitute a waiver of Jamberry Canada’s right to demand exact compliance
therewith. Waiver by Jamberry Canada can be effective only in writing by an authorized officer of
Jamberry Canada.
INJUNCTIVE RELIEF
Upon any breach of the Consultant Agreement by the Consultant, Jamberry Canada will be immediately
and irreparably harmed and cannot be made whole solely by monetary damages. Because the remedy at
law for any breach of any provision of the Consultant Agreement shall be inadequate, in addition to any
other remedies in law or in equity that it may have, Jamberry Canada shall be entitled, without the
necessity of proving actual damages, to temporary and permanent injunctive relief to prevent the
breach of any provision of this Agreement and/or to compel specific performance of this Consultant
Agreement. In addition, Jamberry Canada shall be entitled to its costs and expenses, including
reasonable attorneys’ fees, in enforcing its rights under the Consultant Agreement.
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WAIVER
Jamberry Canada maintains its right to insist on compliance with these Policies & Procedures or with the
applicable laws governing the conduct of a business. In the event that we permit a variance of the rules,
that permission does not extend to future variances. This provision deals with the concept of “waiver,”
and the parties agree that we do not waive any of our rights under any circumstances.
JURISDICTION
All disputes and claims relating to Jamberry, the Consultant Agreement, the Compensation Plan, the
Company’s products, the rights and obligations of the Consultant, or any other claims or cause use of
action relating to the performance of either the Consultant or Jamberry Canada under the agreement
shall be adjudicated totally and finally in the Province of Ontario or such other location as the Company
prescribes. Unless the province in which you live requires the application of its laws and venue, this
agreement is governed by the laws of the Province of Ontario, without regard to principles of conflicts of
laws.
PARTIAL VALIDITY
Should any portion of the Consultant Policies & Procedures, the Consultant Agreement or of any other
instruments referred to herein or issued by Jamberry Canada be declared invalid by a court of
competent jurisdiction, the balance of such rules, applications or instruments shall remain in full force
and effect.
LIMITATION OF DAMAGES
To the extent permitted by law, Jamberry Canada and its affiliates, officers, directors, associates and
other representatives shall not be liable for, and the Consultant hereby releases the foregoing from, and
waives any claim of loss of profit, incidental special, consequential, or exemplary damages which may
arise out of any claim whatsoever relating to the Company’s performance, non-performance, act, or
omission with respect to the business relationship or other matters between the Consultant and the
Company whether sounding in contract, tort or strict liability. Furthermore, it is agreed that any damage
to the Consultant shall not exceed, and is hereby expressly limited to the amount of unsold Jamberry
products and services owned or held by the Consultant and commissions, bonuses and overrides.
PRIVACY POLICY & CONSENT
You understand and agree that certain personal information relating to you and your business will be
collected, used and retained by the Company in accordance with the Company’s Privacy Policy, as
amended from time to time and otherwise in accordance with state and Canadian federal and provincial
privacy laws, and you hereby consent to same. The Company reserves the right to amend or revise the
terms of its Privacy Policy without express notice to you, and you consent to any amendments
reasonably made. In operating your independent business, you also agree to adopt, implement and
disseminate a privacy policy that complies with all state and Canadian federal and provincial privacy
laws that your business may be subject to, for which you are solely responsible, and such compliance
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shall be undertaken at your sole expense. You acknowledge that failure to comply with these terms may
result in immediate termination of your Consultant Agreement. Without limiting your sole responsibility
to comply with state and federal and provincial privacy laws affecting your business, the Company
hereby grants you, at no additional charge, for the term of your Consultant Agreement, the right to copy
and use in your business the Company Privacy Policy and related privacy policy consents.
ENTIRE AGREEMENT
These Policies & Procedures and the Compensation Plan, as each may be amended from time to time,
are incorporated into the Jamberry Consultant Agreement and constitute the entire Agreement of the
parties regarding their business relationship.
COMPANY ADDRESS AND CONTACT INFORMATION
Jamberry Nails Canada Limited Partnership
Address for Legal Service:
1100 One Bentall Centre
505 Burrard Street, Box 11,
Vancouver, British Columbia V7X 1M5
Canada
Address for Consultant Services:
c/o 1350 West 200 South, Suite A
Lindon, Utah 84042
USA
Email: [email protected]
Tel: 801.796.2205
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