CONSULTANT GUIDEBOOK
CONSULTANT GUIDEBOOK
Thirty-One is a different way to live your life. With the opportunity to work from home and be a
business owner, you can chart your own unique course. A Thirty-One business is yours to dream, build
and develop!
We have created this Consultant Guidebook to help you understand how to establish and run a ThirtyOne business. It will guide you through how to work with us, your customers and other Thirty-One
Consultants. This Consultant Guidebook provides the foundation that shapes the success of our hardworking, courageous and always fun-loving Consultants.
As you read through this Consultant Guidebook, you’ll see that it covers the policies, procedures and
administrative aspects involved in running a successful Thirty-One business. Your Independent Sales
Consultant Application and Agreement (which we refer to as your “Consultant Agreement”) with us
includes all of the policies and procedures contained in this Consultant Guidebook and they are an
essential part of your legal agreement with us. When we say “we,” “us” and “our,” we are referring to
Thirty-One Gifts LLC, and when we say “you” and “yours,” we are referring to our Consultants.
We’ve tried to keep the Consultant Guidebook as brief and simple as possible, but sometimes we need
to use technical or legal language. We have included a Glossary at the end of the Consultant Guidebook
to define some of the technical terms.
Please read this Consultant Guidebook carefully and refer back to it when you have questions. You are
responsible for reading, understanding and following your Consultant Agreement, which includes all of
the policies, procedures and other information in this Consultant Guidebook.
If there is something you don’t understand, please ask your Sponsor or contact our Career and
Guideline Support (“CAGS”) Department at [email protected] or (614) 414-4531.
Congratulations on choosing Thirty-One!
TABLE OF CONTENTS
What is Thirty-One? ..................................................................................................................................................1
What does it mean to be a Thirty-One Consultant? ................................................................................................1
Independent Contractor Status ..........................................................................................................................1
Living Thirty-One’s Values ...................................................................................................................................1
DSA Code of Ethics ..............................................................................................................................................2
Criticism and Professionalism .............................................................................................................................2
Are there any requirements to be a Thirty-One Consultant? ..................................................................................2
Eligibility ..............................................................................................................................................................2
Identification Numbers .......................................................................................................................................3
Continued Permanent Residence .......................................................................................................................3
Changing Your Address, Telephone Number or Email Address ..........................................................................3
One Consultant Per Household; Businesses as Consultants ...............................................................................3
How do I become a Thirty-One Consultant? ............................................................................................................4
Are there different status levels for Consultants? ...................................................................................................4
Consultant Status Levels .....................................................................................................................................4
What happens if I become Inactive? ........................................................................................................................5
Inactive for 0-6 Months ......................................................................................................................................5
Inactive for 6-12 Months ....................................................................................................................................5
Inactive for 12+ Months ......................................................................................................................................5
How can I stop being a Thirty-One Consultant? ......................................................................................................6
Resignation .........................................................................................................................................................6
Termination by Thirty-One .................................................................................................................................6
Effect of Resignation or Termination ..................................................................................................................7
Returning Your Enrollment Kit and Business Supplies ........................................................................................7
Account Suspension ............................................................................................................................................8
Death...................................................................................................................................................................8
If my Consultant Agreement is terminated, may I rejoin Thirty-One? ....................................................................8
How to Rejoin .....................................................................................................................................................8
Incentives and Rewards ......................................................................................................................................9
Your Downline.....................................................................................................................................................9
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May I take a leave of absence from my Thirty-One business? ................................................................................9
Personal Leave and Maternity Leave ..................................................................................................................9
Military Leave .....................................................................................................................................................9
What is the Career Path? ........................................................................................................................................10
Promoting to Director .......................................................................................................................................11
Development Obligations .................................................................................................................................12
Roll-Ups .............................................................................................................................................................12
Pass-By ..............................................................................................................................................................12
How does sponsoring new Consultants work? ......................................................................................................13
Income Claims ...................................................................................................................................................13
New Recruit Applications ..................................................................................................................................14
Recruiting From Other Direct Selling Companies .............................................................................................14
Changing Sponsors ............................................................................................................................................14
How will I receive payments from Thirty-One? .....................................................................................................14
General..............................................................................................................................................................14
Payment Schedule ............................................................................................................................................15
Form of Payment ..............................................................................................................................................15
Special Notes for Checks ...................................................................................................................................15
Special Notes for Direct Deposit .......................................................................................................................15
Bank Fees ..........................................................................................................................................................15
Errors or Questions ...........................................................................................................................................16
Offsets ...............................................................................................................................................................16
Do I have to pay taxes on the income I receive from Thirty-One? ........................................................................16
What are the policies for selling Thirty-One products? .........................................................................................16
Truthfulness and Integrity.................................................................................................................................17
Consultant Support ...........................................................................................................................................17
Legal Compliance ..............................................................................................................................................17
Sales Receipts and Customer Cancellation Rights ............................................................................................17
Licenses .............................................................................................................................................................18
No Exclusive Territory .......................................................................................................................................18
Personalized Products .......................................................................................................................................18
Product Availability ...........................................................................................................................................19
Selling Other Brands or Products ......................................................................................................................19
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Discounting Thirty-One Products ......................................................................................................................19
Buying Extra Products and Improper Enrollment of Consultants .....................................................................20
Ordering ............................................................................................................................................................21
Order Deadlines and Site Downtime ................................................................................................................21
Customer Payments and Protecting Customer Information ............................................................................21
Shipping and Handling ......................................................................................................................................23
Shipping to APO/FPO Addresses .......................................................................................................................23
Address Changes for Orders .............................................................................................................................23
Sales Tax ............................................................................................................................................................23
Return Policy .....................................................................................................................................................24
Governmental Approval or Endorsement .........................................................................................................24
Where can I sell products and recruit new Consultants? ......................................................................................24
Retail Locations .................................................................................................................................................25
Mail Order Houses and Distribution Centers ....................................................................................................25
Trade Shows and Expositions............................................................................................................................25
Insurance ..........................................................................................................................................................25
Telemarketing ...................................................................................................................................................26
Clearance and Outlet Sales ...............................................................................................................................27
Consultants on Military Bases ...........................................................................................................................27
Are there any other policies for advertising and marketing my Thirty-One business? ........................................27
Identify Yourself as an Independent Thirty-One Consultant ............................................................................28
Protecting the Thirty-One Name.......................................................................................................................28
Consultant Produced Marketing Materials .......................................................................................................29
Advertisements .................................................................................................................................................29
Talking to the Media .........................................................................................................................................29
Home Office Leads ............................................................................................................................................30
Unsolicited Faxes ..............................................................................................................................................30
Does Thirty-One support charities and fundraisers? .............................................................................................30
Thirty-One Gives ...............................................................................................................................................30
Fundraisers........................................................................................................................................................30
Sales to Tax Exempt Organizations ...................................................................................................................31
Can I talk about my Thirty-One business online? ...................................................................................................31
Websites ...........................................................................................................................................................31
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Online Sales.......................................................................................................................................................32
General Behavior in Social Media ....................................................................................................................32
You on Facebook: Facebook Business Pages, Personal Profiles, Public Figure Pages and Closed Groups ......33
Facebook Pages (Public Figure Pages) for Your Business .................................................................................33
Personal Facebook Profile ................................................................................................................................34
Closed Facebook Groups ..................................................................................................................................34
Reminder!.........................................................................................................................................................35
Thirty-One Home Office Facebook Page ..........................................................................................................35
Creating and Posting Events on Facebook .......................................................................................................36
Pinterest ...........................................................................................................................................................36
Twitter ..............................................................................................................................................................36
Blogs .................................................................................................................................................................37
Spam Linking ....................................................................................................................................................37
Recordings ........................................................................................................................................................37
Domain Names, Email Addresses and Online Aliases ......................................................................................38
Thirty-One Gifts Hotlinks ..................................................................................................................................38
Banner Advertising ...........................................................................................................................................38
Sponsored Links / Pay-Per-Click (PPC) Ads .......................................................................................................38
Unsolicited E-mail Spamming / Mass E-mailing ...............................................................................................39
Is there anything else I should know about being a Consultant? ..........................................................................39
Celebrate, Encourage and Reward....................................................................................................................40
Consultant Product Ideas, Marketing Materials and Training Tools .................................................................40
Amendments.....................................................................................................................................................40
Disciplinary Actions ...........................................................................................................................................41
Grievances and Complaints ..............................................................................................................................41
Reporting Policy Violations ...............................................................................................................................41
Acts by Members of Your Household or Business Entity ..................................................................................41
Transferring Your Thirty-One Business .............................................................................................................42
Consultant Release ............................................................................................................................................42
Confidential Information ..................................................................................................................................42
Reports ..............................................................................................................................................................43
Indemnification .................................................................................................................................................43
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Mediation and Arbitration ................................................................................................................................44
Governing Law, Jurisdiction and Venue ............................................................................................................46
Severability .......................................................................................................................................................46
Waiver ..............................................................................................................................................................46
Limitation of Damages .....................................................................................................................................46
Soliciting Thirty-One Customers and Consultants ............................................................................................46
Thank You .........................................................................................................................................................47
GLOSSARY ................................................................................................................................................................48
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What is Thirty-One?
We are a party plan direct selling company. Through our independent sales distributors (which we call
“Consultants”), we offer a wide variety of “giftable” products, including signature purses, totes, and
other storage solutions that help organize your life. Each season, we develop new products built on the
idea that our products must be functional, fashionable and, of course, make great gifts! We also offer
customers the unique opportunity to “personalize” many of our products by adding words, initials and
phrases through embroidery, printing and laser etching.
The name Thirty-One comes from the verses of Proverbs 31. The Proverbs 31 woman is dearly loved
and respected by her family, yet she is an individual in her own right. She manages her home and
property with kindness and integrity. Her savvy business skills are partly brought about by her desire to
serve others, to do good deeds, and to prosper.
So, what is Thirty-One? We believe we are more than just a company. We are people who believe in
celebrating, encouraging and rewarding others for who they are. We’ve built a family of individuals who
feel our Consultants deserve to treat themselves and those around them to something special. Our
commitment is to provide our Consultants with a fulfilling, enjoyable and rewarding experience one
person at a time. Our vision is to give our Consultants tools to achieve the financial freedom to support
their personal “Whys,” and to make the path to that freedom simple, effective and fun and full of
rewarding experiences.
What does it mean to be a Thirty-One Consultant?
Independent Contractor Status
As a Thirty-One Consultant you are in business for yourself, but not by yourself. Your status is that of an
“independent contractor.” The Consultant Agreement is a contract by which you agree to distribute our
products. You establish your own goals, hours and methods of sale, as long as you comply with our
policies and procedures and any applicable laws.
As an independent contractor, you’re not (and may not represent yourself as) an employee, agent,
partner, legal representative or franchisee of Thirty-One. This means that you’re not entitled to receive
a salary or any benefits we offer to our employees. It also means that you don’t have the power or
authority to enter into contracts or to incur any debt, obligation or liability on our behalf.
You are responsible for your own business decisions and expenses, including the payment of any selfemployment, Workers’ Compensation, employment insurance and other fees required by federal, state
or local laws.
Living Thirty-One’s Values
Our values are to be Purposeful, Thankful, Respectful, Accountable, Curious, Courageous, Authentic,
Trustworthy, Hardworking, Fun-Loving and Flexible as required to do the right thing, to give back, and to
put other people first. We believe in being engaged with integrity in our work, in our communities, in
our families, and in our mission.
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Success depends on the integrity of the Consultants who market our products. We expect our
Consultants to practice our values by:
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Following the highest standards of ethics, honesty, integrity and professionalism when dealing
with customers, hostesses, fellow Consultants and Thirty-One employees.
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Supporting individuals by not gossiping or making disparaging comments about others.
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Never discriminating against anyone because of age, race, creed or other legally protected
status.
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Following all of our policies and procedures and acting in good faith.
DSA Code of Ethics
As a proud member of the Direct Selling Association (“DSA”), we support the DSA’s “Code of Ethics.”
You can view the DSA Code of Ethics at www.dsa.org/ethics. It’s important to us that you conduct your
Thirty-One business in accordance with the DSA Code of Ethics.
Criticism and Professionalism
We strive to provide our Consultants with a simple, effective and fun path to success. We need to know
how you think we’re doing. We always value your feedback and ask that your criticism always be
constructive and professional. You agree to conduct your Thirty-One business with integrity and to
refrain from making negative, disparaging, false or misleading comments about Thirty-One (including
the Career Path and our owners, employees, products and vendors), other Consultants, or any other
direct selling company (including that company’s consultants, compensation and products). You also
agree not to do anything that is likely to harm us (including our reputation and goodwill) or any other
Consultant.
Are there any requirements to be a Thirty-One Consultant?
Eligibility
To be a Thirty-One Consultant, you have to:
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Be at least 18 years old
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Be a citizen or permanent resident of the United States
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Possess a valid Social Security Number or Green Card
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Be sponsored by a current Consultant
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Maintain your own personal email account
Our employees are not eligible to be Consultants.
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Identification Numbers
To be a Consultant, you must give us a valid taxpayer identification number (i.e., your Social Security
Number) for tax reporting purposes. When we accept your Consultant Agreement, we will assign you a
Consultant ID. The taxpayer identification number you provide must belong to you. If you give us a fake
number or a number that belongs to someone else (including your spouse), we may terminate your
Consultant Agreement and you risk losing your Thirty-One business.
Continued Permanent Residence
We currently operate in the United States and Canada. As a Consultant in the United States, you have to
remain a permanent resident of the United States to maintain your status as a Consultant. This means
that you’ll become Inactive if you relocate outside the United States, except if you or your spouse are
deployed to an overseas United States military base (please see read the “Consultants on Military
Bases” section under “Where can I sell products and recruit new Consultants?” for more information).
Different laws and rules apply outside the United States, so your Consultant Agreement doesn’t transfer
to other countries. This means that we can’t allow you to sponsor or sell our products to citizens of
other countries, including Canada.
Changing Your Address, Telephone Number or Email Address
It’s very important that we have your current address, telephone number and email address so we can
send you product orders, support materials, and communications on-time to the right place. You can
update your profile quickly and easily through your Virtual Office on mythirtyone.com. If you move,
please give us at least two weeks’ advance notice to ensure proper delivery of your orders.
One Consultant Per Household; Businesses as Consultants
We only recognize one Consultant name for each Consultant Agreement. You may use a support person
to help you with the administrative tasks of running your Thirty-One business. But, the person who has
regular contact with customers must be the person who has signed the Consultant Agreement.
Your support person can’t attend company functions in your place or in the capacity of a Consultant.
We only allow guests to attend certain company-sponsored meetings and we may have requirements
for guests, like pre-registration, payment of an attendance fee, etc.
Currently, only individuals can sign-up to be Consultants and we won’t accept Consultant Agreements
from corporations, partnerships, limited liability companies or other business entities.
To maintain the integrity of our Career Path, a Consultant can only operate, have an ownership interest
in, and receive income from, one Thirty-One business. Also, we only allow one individual per household
to be a Consultant. A “household” includes spouses and dependent children living at or doing business
at the same address. A Consultant and members of her household can only have (or have an interest in)
one Thirty-One business.
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How do I become a Thirty-One Consultant?
You can apply to become a Consultant by signing and submitting a Thirty-One Consultant Agreement
and purchasing an Enrollment Kit. Submitting your Consultant Agreement is simple, just:
п‚·
Submit it online through your Sponsor’s website (which will include electronic acceptance of the
Consultant Agreement, the Consultant Guidebook and our Career Path)
п‚·
Mail it to us at
Thirty-One Gifts, LLC
3425 Morse Crossing
Columbus, Ohio 43219
Attn: CAGS
п‚·
Fax it to us at (614) 337-1459
As soon as our Home Office approves your signed Consultant Agreement, we will mail your Enrollment
Kit and you’ll be ready to start your Thirty-One business!
Are there different status levels for Consultants?
Yes, we have different status levels of Consultants. Your status level depends on your sales activity,
which we call your “Personal Volume.” Generally, “Personal Volume” means the dollar value of the
products you sell, less sales taxes, shipping & handling charges, and returned orders. It’s important to
understand that you don’t receive commissions on discounted purchases (e.g., Hostess Credit, Hostess
half-price items, Hostess Exclusive items, add-on kits, and business supplies), sales tax and shipping &
handling fees, and these amounts don’t count toward your Personal Volume totals.
As you move through our Career Path, you can also achieve different ranks, which we call “Paid-At
Titles.” Your Paid-At Title depends on your Personal Volume and the sales volume of the Consultants in
your Downline. Please read “What is the Career Path?” for more information.
Consultant Status Levels
Our status levels are:
Status
Description
Active
A Consultant who submits at least $200 in Personal Volume during each rolling
three-month period (based on the current month and the prior two months). All
Consultants are considered to be Active during the first four months following
enrollment.
Qualified
A Consultant who has submitted at least $1,000 in Personal Volume.
Inactive
A Consultant who doesn’t submit at least $200 in Personal Volume during each
rolling three-month period (based on the current month and the prior two
months).
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Status
Description
Resigned
A Consultant who resigns and terminates her Consultant Agreement.
Terminated
A Consultant whose Consultant Agreement has been terminated by Thirty-One
because she remained Inactive for 12+ months or because of any other reason.
What happens if I become Inactive?
We realize that sometimes you’ll be unable to submit $200 in Personal Volume during a consecutive
three-month period. If this happens, it’s possible for you to become Active again.
When you become Inactive, we “deactivate” you. This means that we deactivate your Replicated
Website, your account on ThirtyOneToday.com, your access to any Thirty-One Gifts mobile application
specific to Consultants and your Consultant ID. But don’t worry – that’s easy to change!
Inactive for 0-6 Months
If you are Inactive for six months or less, it’s easy to become Active again – just submit an order for at
least $200 in Personal Volume. You will keep your original Sponsor and Consultant ID.
To regain your Active status, please contact Consultant Support at (614) 414-GIFT or
[email protected] to let us know that you’re ready to submit an order for at least $200
in Personal Volume. We’ll reactivate you within 48 hours. If you don’t submit your order within 48
hours from the time we reactivate you, then we’ll deactivate you again.
You’ll regain your Active status for the month during which you submit your $200+ order.
Inactive for 6-12 Months
If you’re Inactive for 6-12 months, there are two ways to become Active again:
п‚·
Follow the process described in “Inactive for 0-6 Months” above. You will keep your original
Sponsor and Consultant ID.
OR
п‚·
You can submit a new Consultant Agreement and purchase a new Enrollment Kit. You can sign
up under a new Sponsor and you’ll be assigned a new Consultant ID.
Inactive for 12+ Months
We’ll automatically terminate your Consultant Agreement if you’re Inactive for more than 12 months.
To understand what happens when your Consultant Agreement is terminated, please read “Effect of
Resignation or Termination” below.
If you want to become a Consultant after being Inactive for 12+ months, please read “Rejoining ThirtyOne” below.
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How can I stop being a Thirty-One Consultant?
There are many different ways your Thirty-One business can come to an end. Either one of us can end
our relationship at any time for any reason.
When we use the term “Downline” in this section, it means the Consultants you sponsor and the
Consultants sponsored beneath them.
Resignation
You have the choice of resigning and terminating your Consultant Agreement at any time and for any
reason by giving us notice. You can find the “Resignation” form in your Virtual Office on
mythirtyone.com. You can also contact [email protected] to request a “Resignation” form, and
then return the completed form to us by email ([email protected]) or fax (614-337-1459).
When you resign, you’re responsible for notifying your Sponsor and any Downline Consultants. If you
choose to resign, you will not be able to rejoin Thirty-One for six months. Please see “If my Consultant
Agreement is terminated, may I rejoin Thirty-One?” below for more details.
Termination by Thirty-One
We’ll automatically terminate your Consultant Agreement if you’re Inactive for more than 12 months.
We can terminate your Consultant Agreement at any time for any reason by giving you notice (in writing
or email) of our decision. Some of the circumstances that may lead us to terminate your Consultant
Agreement include:
п‚·
You don’t follow (or you act in a way that is inconsistent with) your Consultant Agreement or
any of our policies and procedures.
п‚·
You violate a law.
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You don’t submit payments to us in a timely manner.
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You discredit us, our reputation or our products.
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You misrepresent our products or the Thirty-One opportunity.
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You become insolvent or file for bankruptcy.
We also reserve the right to terminate all Consultant Agreements upon 30 days’ written notice if we
elect to:
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Stop operating our business.
п‚·
Dissolve as a corporate entity.
п‚·
Decide to stop distributing our products through direct selling.
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Effect of Resignation or Termination
The termination of your Consultant Agreement (whether by you or us) will become effective after we’ve
issued commission checks in the month after the month in which your Consultant Agreement was
terminated.
Upon termination of your Consultant Agreement:
 You’ll no longer have the right to offer or sell our products and you must stop representing
yourself as a Thirty-One Consultant.
п‚· We will terminate your right to use or access your Replicated Website, your account on
ThirtyOneToday.com, your access to any mobile application we provide for Consultants, and
your Consultant ID.
 We’ll pay commissions and bonuses you earned for the last full pay period you were Active prior
to your termination.
п‚· You waive all of your rights to your Downline, including property rights and your right to receive
future commissions, bonuses or other income resulting from sales by your Downline.
 Your Downline will “Roll-Up” to the first level of your Sponsor.
 You’ll lose any gift certificates, rewards, incentives, and credits you have earned for products
and business supplies.
 You’ll promptly pay any amounts you owe us.
Returning Your Enrollment Kit and Business Supplies
We offer business supplies and promotional materials, as well as products (purchased separately from
the Enrollment Kit) at a discount for your convenience.
When your Consultant Agreement is terminated, you may return any Enrollment Kits and business
supplies that you personally bought from us during the previous year. We will refund you 90% of the
net cost of the original purchase price so long as the returned item is “resalable,” which means:
п‚·
It is returned unopened and unused.
п‚·
Its packaging and labeling haven’t been changed.
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It hasn’t been personalized.
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It is in “resalable condition,” which means it is in a condition that is “good enough” for us to
resell at full price.
п‚·
It was not identified as nonreturnable, discontinued or seasonal when you bought it.
The shipping and handling fees you paid to have your Enrollment Kit and business supplies shipped to
you or to return those items to us are not eligible for a refund. If we paid you a commission on any of
the items you return to us, we will deduct the amount of the commission from your refund.
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If you’re a resident of Louisiana, Massachusetts or Wyoming, then you may return your Enrollment Kit
and business supplies to us at any time for a refund of up to 90% of the purchase price so long as they
are resalable.
If you reside in Montana, you can cancel your Consultant Agreement within 15 days from the date you
enrolled and return your Enrollment Kit and business supplies to us for a full refund.
Account Suspension
We may suspend your account if you owe us money or if we suspect you have violated one of our
policies or procedures. If we suspend your account, you may not be allowed to place orders, receive
compensation or incentives, register for company sponsored events or obtain other Consultant benefits
until your account is current or the violation is resolved. We may deactivate your right to use or access
your Replicated Website, your account on ThirtyOneToday.com, your access to any mobile application
we provide for Consultants and your Consultant ID.
Death
In the unfortunate event of your death, we’ll pay your estate any commissions or other amounts you
accrued before your death. Your Consultant Agreement will automatically terminate on the date of your
death, and your Downline will Roll-Up to your Sponsor’s first level. Your Thirty-One business can’t be
transferred to your estate or heirs.
If my Consultant Agreement is terminated, may I rejoin Thirty-One?
There are three ways your Consultant Agreement can be terminated:
1. You decide to resign
2. You are Inactive for 12+ months and we automatically terminate your Consultant Agreement
3. We terminate your Consultant Agreement because you violated our policies and procedures
If your Consultant Agreement is terminated for one of these three reasons, you may be able to rejoin
Thirty-One.
We reserve the right, at our sole discretion, to deny your request to rejoin Thirty-One.
How to Rejoin
To rejoin Thirty-One, you need to:
п‚·
Meet all of the qualifications to be a new Consultant
п‚·
Submit a new Consultant Agreement
п‚·
Purchase a new Enrollment Kit
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When you rejoin Thirty-One, you can sign up under your original Sponsor or a new Sponsor. It’s
important to note that you must wait at least six months before you can apply to rejoin Thirty-One,
unless your Consultant Agreement was terminated because you were Inactive for 12+ months.
Incentives and Rewards
When you rejoin with a new Consultant ID, you’ll be eligible to earn any incentives we are offering to
new Consultants. However, if you rejoin through your original Sponsor and retain your current
Consultant ID, you won’t be eligible for new Consultant reward programs (like StartSwell Rewards) and
you won’t count as a new recruit for purposes of contests and trip incentives.
Your Downline
When your original Consultant Agreement is terminated or if you become Inactive, you waive all of your
rights to your Downline, which “Rolls-Up” to the first level of your Sponsor. You will not get your
Downline back when you rejoin Thirty-One.
May I take a leave of absence from my Thirty-One business?
We know there are times when you may need to take time off from your Thirty-One business for
personal reasons. We offer Consultants (depending on their status) the opportunity to take leaves of
absence under certain circumstances without impacting their status. All leave requests are subject to
our approval at our sole discretion.
Personal Leave and Maternity Leave
We allow Consultants to apply for a maternity or other personal leave of up to three consecutive
months during one 12-month period. For Consultants and Senior Consultants, you will maintain your
Active status during your leave, but you won’t be able to promote to the next status level. For Directors
(and above), you will continue to receive Overrides on your Downline and the $1,000 in Personal
Volume required to remain Qualified doesn’t need to be maintained during your leave. However, you
MUST maintain all of the other requirements to keep your status (e.g., Downline volume and sponsoring
at least four Active recruits).
To request a maternity or personal leave, please complete the “Maternity/Personal Leave Request”
form available in the Toolbox (Business Support) on ThirtyOneToday.com and return it to
[email protected] at least 30 days’ in advance. Your leave request is subject to our approval at
our sole discretion.
Military Leave
We recognize there are instances where you or your spouse may be an active member of the U.S.
military. In the event you and/or your spouse are deployed, you have choices. You may continue your
Thirty-One business with some special restrictions and a Plan of Accountability in place or you may
request for your account to be “on hold” during the deployment. Please read the “Consultants on
Military Bases” section under “Where can I sell products and recruit new Consultants?” for information
about continuing your Thirty-One business during your deployment.
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
Page 9
If you would like to request that we place your account “on hold” during your deployment, please
complete the “Military Leave Request Form” available in the Toolbox (Business Support) on
ThirtyOneToday.com and return it to [email protected] at least 30 days’ in advance. If we
approve your request, your Downline will Roll-Up to the first level of your Sponsor and you won’t
receive commissions or overrides for the length of your deployment. The “pass-by” rules will continue
to apply during your military leave.
Upon your return to the U.S., you will be returned to Active status if you submit an order of at least
$200 in Personal Volume. When you regain your Active status, your Downline will be transferred back
to you.
What is the Career Path?
The table below summarizes our Career Path, including our “Paid-At Titles,” requirements to attain each
Paid-At Title, and our expectations for individuals who attain each Paid-At Title.
Career Path
Consultant
Requirements
Reward
п‚· Submit at least $200 in Personal Volume
(PV) every rolling 3 months
п‚· Qualify with $1,000 in PV
Senior
Consultant
п‚· 2-4 Personally Enrolled, Qualified and
Active Consultants (PEQA)
п‚· Submit $200 PV every rolling 3 months
п‚· 25% Commission on PV
п‚· Opportunity to earn free products in
StartSwell incentive for new
Consultants
п‚· 25% Commission on PV
п‚· 2% Override on PEQA
п‚· Opportunity to earn StartSwell $200
Bonus
Expectations
п‚· Book
п‚· Sell
п‚· Sponsor
п‚· Same as Consultant
п‚· Engage New Consultants to
Book, Sell & Sponsor
п‚· Same as Consultant
Director
п‚· 4+ PEQA Consultants (Roll-ups do not
count)
п‚· 25% Commission on PV
п‚· Submit $1,000 PV every month
п‚· 3% Generation 0 Override
п‚· A min. of $4,000 Team Sales (PV +
Generation 0 sales)
п‚· 2% Generation 1 Override
п‚· Promotion occurs the month following DIQ
month* if requirements are met
п‚· 3% Personal Sales Bonus
п‚· $1,000 one-time Director Promotion
Bonus**
п‚· $1,000 Developing Director Bonus***
п‚· Train your Generation 0,
including hosting Celebrate
& Connect
п‚· Communicate with your
team
п‚· Recognize your team
п‚· Develop your team
п‚· Make welcome calls to new
G0 Consultants
п‚· Send a monthly newsletter/
recognition letter to G0
п‚· Attend, host or co-host a
Celebrate & Connect event
п‚· 4+ PEQA Consultants (Roll-ups do not
count)
Senior
Director
 2 “Paid-At” Generation 0 Directors
п‚· Same as Director
п‚· 5% Personal Sales Bonus
п‚· Make recognition calls to
new Directors in G0
п‚· 5% Generation 0 Override
п‚· 3% Generation 1 Override
п‚· $1,000 PV every month
п‚· A min. of $4,000 Team Sales and a min. of
$12,000 in PV + G0 + G1
В© September 2013 Thirty-One Gifts LLC
п‚· 25% Commission on PV
п‚· 2% Generation 2 Override
п‚· Host or co-host a Celebrate
& Connect event
п‚· $1,000 Developing Director Bonus***
п‚· Leadership Circles Opportunity
U.S. Consultant Guidebook
Page 10
Career Path
Requirements
Reward
п‚· 25% Commission on PV
Executive
Director
Senior
Executive
Director
Expectations
п‚· Same as Senior Director
п‚· Make recognition calls to
new Senior Directors in G0
п‚· 4+ PEQA Consultants (Roll-ups do not
count)
п‚· 7% Personal Sales Bonus
 4 “Paid-At” Generation 0 Directors
п‚· 3% Generation 1 Override
п‚· $1,000 PV every month
п‚· 2% Generation 2 Override
п‚· Attend events sponsored by
the Thirty-One Home Office
(National Conference)
п‚· A min. of $4,000 Team Sales and a min. of
$20,000 in PV + G0 + G1 + G2 sales
п‚· Up to $3,000 Developing Director
Bonus***
п‚· Participate in Upward
Leadership Webinar
п‚· Leadership Circles Opportunity
п‚· Host, co-host or support a
Celebrate & Connect event
п‚· 25% Commission on PV
п‚· Same as Executive Director
п‚· 4+ PEQA Consultants (Roll-ups do not
count)
п‚· 9% Personal Sales Bonus
 8 “Paid-At” Generation 0 Directors
п‚· 3% Generation 1 Override
п‚· Make recognition calls to
new Executive Directors in
G0
п‚· $1,000 PV every month
п‚· 2% Generation 2 Override
п‚· A min. of $4,000 Team Sales and a min. of
$36,000 in PV + G0 + G1 + G2 sales
п‚· Up to $10,000 Developing Director
Bonus***
п‚· 7% Generation 0 Override
п‚· 9% Generation 0 Override
п‚· Leadership Circles Opportunity
п‚· 4+ PEQA Consultants (Roll-ups do not
count)
 16 “Paid-At” Generation 0 Directors
National
Executive
Director
п‚· Personally promote one G0 Director of the
16 needed within the previous 12 months
(roll-ups do not count)
п‚· $1,000 PV every month
п‚· A min. of $4,000 Team Sales and a min. of
$200,000 in PV + G0 + G1 + G2 sales
п‚· 25% Commission on PV
п‚· 9% Personal Sales Bonus
п‚· 9% Generation 0 Override
п‚· 4% Generation 1 Override
п‚· 2% Generation 2 Override
п‚· Up to $10,000 Developing Director
Bonus***
п‚· Leadership Circles Opportunity
п‚· Same as Senior Executive
Director
п‚· Make recognition calls to
new Senior Executive
Directors in G0
п‚· Personally promote one G0
Director in each rolling 12month period (roll-ups do
not count)
*
DIQ (Director in Qualification) Month - The first month a Consultant meets all Director Promotion Qualifications. Title and pay will
change the month following DIQ.
**
A one-time Director bonus is earned when all Director qualifications are met for the first 3 consecutive months following the DIQ month.
***
Developing Director bonuses are paid when you promote new Directors and above and meet the “Paid-At” requirements of your current
title during the first three months for the upper-level Director. Refer to the complete Career Path on the ThirtyOneToday.com Director’s
page for all qualifications.
Generation 0 = G0 All Consultants under a Director, down to and including the next Director
Generation 1 = G1 All Consultants and Directors who are under a G0 Director, down to and including the next Director
Generation 2 = G2 All Consultants and Directors who are under a G1 Director, down to and including the next Director
Paid-At Title This is the title you maintained during the prior month. You must continue to maintain your “Paid-At” requirements in order to be
paid at your title. See specific requirements above for each title. Paid-At Maintenance requirements can be found in the CER 200 Binder on
ThirtyOneToday.com.
Promoting to Director
You’ll become a “Director in Qualification” (“DIQ”) during the first month in which you satisfy all
requirements to promote to the Paid-At Title of Director. If you want to promote to Director, you’ll be
required to agree to a Leadership Agreement, which discusses the requirements and expectations for
Directors. If you don’t want to promote to Director, please complete the “Director Promotion Waiver”
available in the Toolbox on ThirtyOneToday.com and return it to [email protected] during or
before the month you DIQ. Also, if you decline your promotion, this doesn’t stop applicable “pass-by”
rules.
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
Page 11
Development Obligations
When you Sponsor new Consultants, it’s important that you support and train them. You’re expected
to:
п‚·
Have regular contact and communication with your recruits.
п‚·
Motivate and train your recruits in Thirty-One product knowledge, effective sales techniques,
and our Career Path.
п‚·
Monitor your recruits to ensure that they are following all of our policies and procedures and
not engaging in any illegal or unethical conduct in connection with their Thirty-One businesses.
Roll-Ups
When a vacancy occurs in a personal group, each Consultant in the first level immediately below the
terminated Consultant on the date of the cancellation will be moved to the first level of the terminated
Consultant’s Sponsor. For example, Ann sponsors Bonnie, and Bonnie sponsors Cathy, Chloe, and
Charlotte. If Bonnie terminates her business, then Cathy, Chloe, and Charlotte will “Roll-Up” to Ann’s
first level.
Pass-By
A “pass-by” occurs when a Consultant promotes past the level of her Sponsor.
п‚·
Pass-by to Director: If a Consultant promotes to Director before her Sponsor, then the Sponsor
will have three months to promote to Director (or above). If the Sponsor fails to promote by the
end of the three month period, then the Consultant she sponsored will be reassigned to the
next qualified Upline Director (or above). Here is an example of how this works. Connie, a
Consultant, becomes a DIQ in January and promotes to Director in February. Connie’s Sponsor,
Michelle, is still a Consultant. Michelle must become a DIQ during March and promote to
Director by the end of April (February, March, April). If Michelle doesn’t promote to Director in
April (the status change would be reflected after the commission run in May), then Connie will
roll up to Michelle’s Director.
п‚·
Pass-by to Senior Director: If a Director promotes to Senior Director (or above) before her
Sponsor (who is a Director), then her Sponsor will have 12 months to promote to Senior Director
(or above). If the Sponsor fails to promote to Senior Director (or above) by the end of the 12
month period, then the recruit will be reassigned to the next qualified Upline Senior Director (or
above).
п‚·
Pass-by for Senior Director and above: Once a Consultant has attained the title of Senior
Director (or above), pass-bys no longer apply and she is entitled to keep her recruits regardless
of her Paid at Title (as long as she continues to meet her Paid at Title requirements).
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
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How does sponsoring new Consultants work?
Sponsoring new recruits is one of the best things you can do to grow your Thirty-One business.
Income Claims
We’re committed to doing the right thing and following good business practices, as well as all laws
regulating our industry. We’ve developed the Thirty-One Income Disclosure Statement (“IDS”), to
provide truthful, timely, and comprehensive information about our Consultants’ income. We update the
IDS annually. You can print or download the current IDS without charge from the “Become a
Consultant” tab of our corporate website www.thirtyonegifts.com.
When you present or discuss the Thirty-One opportunity or Career Path to a potential recruit, you can’t
make income projections, income claims, or disclose your Thirty-One income (including the showing of
checks, copies of checks, bank statements, or tax records) unless you provide the potential recruit with a
current copy of the IDS during your conversation.
The IDS must be presented to a potential recruit anytime you present or discuss our Career Path or
make any claims or representations about your Thirty-One income, including:
п‚·
statements of actual earnings
п‚·
statements of projected earnings
п‚·
statements of earnings ranges
п‚·
income testimonials
п‚·
lifestyle claims
п‚·
hypothetical claims
Lifestyle claims typically include statements (or pictures) involving large homes, luxury cars, exotic
vacations, or other items suggesting or implying wealth. They also consist of references to the
achievement of your dreams, having everything you always wanted, and are phrased in terms of
“opportunity” or “possibility” or “chance.” Lifestyle claims include things like “My Thirty-One income
exceeded my salary after six months in the business,” or “My Thirty-One business has allowed me to
quit my office job and stay at home with my kids.”
Here are some more detailed rules you need to follow when discussing our Career Path and making
income claims:
п‚·
You must provide a copy of the current IDS to potential recruits at any non-public meeting (e.g.,
a home meeting, one-on-one, regardless of venue) where our Career Path is discussed or any
type of income claim is made.
п‚·
In any meeting that is open to the public where our Career Path is discussed or any type of
income claim is made, you must provide every potential recruit with a copy of the current IDS
and you should display a large version in the front of the room in reasonably close proximity to
the presenter.
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
Page 13
п‚·
In any meeting in which any type of video display is utilized (e.g., monitor, television, projector,
etc.) a slide of the current IDS must be displayed continuously throughout the duration of any
discussion of our Career Path or any income claim.
п‚·
If you create your own sales materials which include income claims or information about our
Career Path, you must incorporate the current IDS into the materials before submitting them to
[email protected] for review and approval.
New Recruit Applications
The “How do I become a Thirty-One Consultant?” section of this Consultant Guidebook has information
about how to submit applications for new Consultants. We will record new enrollments within two
business days of the date on which we receive a complete, accurate, and signed/acknowledged
Consultant Agreement and valid payment for the Enrollment Kit. We won’t honor requests to “hold”
applications. If an application is rejected, the entire application must be resubmitted.
We will send the Sponsor an email confirmation once we have accepted the new Consultant’s
application. If the Sponsor doesn’t receive this confirmation within two business days of submission,
she should contact us to ask about the status of the application. It’s the Sponsor’s responsibility to
make sure we have accepted her new recruits prior to the close of any applicable bonus or incentive
period. We’re not responsible for delayed acceptance of applications because of late deliveries,
misrouted or lost applications, or applications with invalid or incomplete information.
Recruiting From Other Direct Selling Companies
Our Consultants are not allowed to intentionally contact the consultants/distributors of other direct
selling companies to recruit them for Thirty-One. However, if someone affiliated with another direct
selling company contacts you about becoming a Consultant, then you may respond to her inquiry as you
would any other potential recruit.
Changing Sponsors
We think it’s important to respect and protect the hard work our Consultants devote to building their
teams. We don’t allow Consultants to change Sponsors.
How will I receive payments from Thirty-One?
General
As a Consultant, you’ll be eligible to receive commissions, bonuses and Overrides on your sales of ThirtyOne products and your sales generating activities, including building a Downline organization. You must
be Active and in compliance with all of our policies and procedures in order to be eligible to receive
commissions, bonuses and Overrides. Our Career Path contains information about the compensation
our Consultants may receive. Please read it carefully. If you have any questions, please ask your
Sponsor or contact us at [email protected].
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
Page 14
Payment Schedule
We pay commissions twice a month:
п‚·
Payments on orders submitted from the 1st through the 15th of the month will be paid on the
25th of the month. (This payment is sometimes called your “Rebate.”)
п‚·
Payments on orders submitted from the 16th through the last day of the month will be paid on
the 10th of the following month. This payment will also include any Overrides you are eligible to
receive.
If the payment dates listed above fall on a holiday or a weekend, we will make the payment on the prior
business day.
Form of Payment
We will issue payments to the name of the Consultant listed on your Consultant Agreement. You can
choose to receive your payments by check or through direct deposit to your bank account. You can
select your method of payment through your Virtual Office on mythirtyone.com. You must submit any
changes to your bank account or direct deposit information to us at least 10 days prior to a commission
payment date in order for the change to be effective for that commission payment.
Special Notes for Checks
We charge a $4 fee for each commission check you receive.
We don’t issue checks for payments of less than $24 for a single month. If your payment for a single
month totals less than $24, we’ll credit the payment amount to your account. Once your account equals
at least $24, we’ll issue a check the next month. If you become Inactive and choose not to use the
account credit, we’ll issue a check the next month.
You’re responsible for telling us if your check is lost. If you don’t receive your check within 10 business
days from the mail date, then we’ll issue a replacement check 3 days after you report the lost check to
us at [email protected]. We may charge a fee for replacement checks.
Special Notes for Direct Deposit
Payments of less than $20 are not eligible for direct deposit. If your payment for a single month totals
less than $20, we’ll credit the payment amount to your account. Once your account equals at least $20,
we’ll issue a direct deposit payment.
Bank Fees
If you request a stop payment on a check or if you provide us with incorrect information about your
bank account (e.g., the wrong account number for direct deposits), we may incur fees from your bank to
stop or recover your payment. If this happens, we may pass these fees on to you by offsetting the
amounts from your Thirty-One account.
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
Page 15
Errors or Questions
If you believe we have made any errors regarding your payments, charges, or Downline, you must give
us written notice within 30 days of the date of the purported error. We’re not responsible for any
errors, omissions or problems you don’t report to us within 30 days.
Offsets
We have the right to offset any amounts you owe us (including the repayment of commissions resulting
from product returns) against the commissions or other amounts we owe you.
Do I have to pay taxes on the income I receive from Thirty-One?
Yes, you’re required to report your commissions and other earnings from your Thirty-One business as
income in your tax filings each year. Your other earnings include your Overrides, free products, hostess
and other business credits, etc. For tax purposes, you are “self-employed” and it’s important that you
keep complete and accurate records of your business income and expenses.
There are some tax benefits for self-employed individuals that may allow you to deduct certain business
expenses. We strongly recommend that you talk with your own tax advisor to learn how the tax laws
apply to your Thirty-One business.
As a Consultant, you’re a self-employed, independent contractor of Thirty-One. You’re not an employee
of Thirty-One and we won’t issue you a Form W-2.
The U.S. Internal Revenue Service (“IRS”) requires us to issue a Form 1099 to every Consultant who
earns $600 or more during the previous calendar year. By January 31st of each year, we’ll issue you a
Form 1099 for the previous calendar year. Your Form 1099 will include all of your earnings from your
Thirty-One business, including your commissions and the other earnings described above.
You’ll have to report the income from your Thirty-One business on Schedule C of your federal income
tax return. Because you are self-employed, you may be able to deduct certain business expenses like
the use of your vehicle or home office. You can discuss this with your tax advisor and/or contact the IRS
for more information at www.irs.gov or (800) 829-1040.
Also, if your state and/or city collect income tax, you may need to file income tax forms with them too.
What are the policies for selling Thirty-One products?
We are a party plan direct selling company. The success of your Thirty-One business depends on your
relationships with your customers and fellow Consultants. We encourage you to be creative in your
sales strategies, but your first approach should always be home parties. Our sales policies are intended
to promote personal, long-term relationships with your customers instead of one-time or short-term
sales.
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
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Truthfulness and Integrity
Whenever you are selling our products, it’s very important that you act with integrity. You need to
truthfully represent Thirty-One, yourself, and our products. Any misleading, deceptive or unfair sales
practice is not allowed and could result in the termination of your Consultant Agreement. Your
explanation and demonstration of our products must be truthful and complete, especially when you
discuss our prices, return policy, payment terms, and delivery.
It’s important that you build personal relationships with your customers based on mutual respect and
trust. You should only contact customers during reasonable hours of the day/evening and a “hard sell”
is not appropriate. If you’re asked to stop a sales presentation or contacting a customer, please honor
her request immediately. Also, if you decide to offer door prizes, remember that all guests must have
equal opportunity to win the door prize and you can’t require a purchase to be eligible for a door prize.
Consultant Support
We’re here for you! We’re proud to offer you a Consultant Support team to help you with the questions
you will undoubtedly have as you operate your Thirty-One business. The Consultant Support team’s
current hours of operation are posted on ThirtyOneToday.com.
You can reach Consultant Support at:
Email: [email protected]
Phone: (614) 414-GIFT
Fax: (614) 337-1154
Legal Compliance
Consultants are expected to purchase and sell Thirty-One products according to the terms, conditions
and policies stated in the Consultant Agreement (including the Consultant Guidebook). Consultants are
also expected to comply with local state and federal laws and regulations applicable to all aspects of
your Thirty-One business.
Sales Receipts and Customer Cancellation Rights
We provide “triplicate” order forms to be used for parties and other “in-person” sales. The order form
also serves as the customer’s official receipt. The law requires that you give the customer two copies of
the sales receipt, so keep the white copy and give the yellow and pink copies to the customer. The back
of the order form contains our Ninety-Day Limited Warranty and Notice of Cancellation.
Customers who place “in person” orders of $25.00 or more have a legal right to cancel an order within
three business days (i.e., 72 hours excluding Sundays and legal holidays) or five business days for Alaska
residents. This includes an order for personalized products. You’re also required by law to tell
customers about their right to cancel orders within three business days (five days for Alaska residents)
and to make sure that the date of the order is correctly entered on the order form. If a customer
cancels an order within the applicable cancellation period, you must promptly refund her money (as
long as any products she received are returned to you in substantially the same condition). If a
customer cancels an order that you’ve already submitted to us, please contact Consultant Support at
(614) 414-GIFT or [email protected].
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
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You will need to keep your copy of each sales receipt for one year and provide it to us if we ask for it.
If a customer purchases products online through your Replicated Website (www.mythirtyone.com), she
can print a sales receipt and we will maintain a copy for our records.
It’s very important that you protect your customers’ personal and credit card information. Please see
“Customer Payments and Protecting Customer Information” for more details.
Licenses
Some local governments might have rules or ordinances that limit how you can conduct your Thirty-One
business. We recommend that you contact your local government office to find out if you’re required to
get any licenses to run your Thirty-One business. If you live in a subdivision, condominium or apartment
complex, then you should check with your homeowners association or landlord to find out if there are
any rules about operating a home-based business. It is your responsibility to obtain any licenses you
need to operate your Thirty-One business.
No Exclusive Territory
You’re an independent contractor not a franchisee. We don’t grant our Consultants exclusive
territories, so you may sell our products and sponsor new Consultants throughout the United States.
Personalized Products
Our personalization services are a very important part of the Thirty-One experience. We believe our
personalization services set our products and our brand apart. Although we never want to disappoint
you or your customers, there are legal and policy limits to the personalization requests that we will
fulfill. We have posted Personalization Guidelines in the Toolbox (Personalization) on
ThirtyOneToday.com to assist you in:
п‚·
Helping our customers understand what personalization requests we cannot fulfill
п‚·
Avoiding damage to the Thirty-One brand
п‚·
Avoiding the infringement of the trademarks of others
п‚·
Reducing potential legal liability for both Thirty-One and your customers
It’s important that you review and understand the Personalization Guidelines before you begin selling
Thirty-One products.
Personalized items cannot be returned to us unless there are manufacturer defects. Once the order is
submitted, personalized orders cannot be changed. You’re responsible for double-checking
personalization requests prior to submitting orders. It’s important to understand that your customers
have a legal right to cancel their orders for personalized products within three business days (five
business days in Alaska). Please see “Sales Receipts and Customer Cancellation Rights” above for more
information about this.
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
Page 18
If you or your customer has an item personalized by someone other than Thirty-One, this will void our
product warranty and the item can’t be returned or exchanged.
Product Availability
We do our best to keep all of our products in stock for quick shipment, but sometimes the demand for a
popular item will exceed our supply. When this happens, we’ll put the item on our “Stop Sell,”
“Backordered,” “Discontinued,” “Split Ship” or “Low Inventory Alert” lists, which are posted in the
Business Update on ThirtyOneToday.com. By checking these lists prior to each party, you can make sure
you don’t sell products that are no longer available and you’ll be able to set your customers’
expectations about when they will receive their orders.
If an item is on backorder, the order for that item can be cancelled. If an item is no longer available,
we’ll cancel the order. In either case, we’ll credit you or your customer (depending on the original
payment method) for the cost of the cancelled item. We’ll also deduct any commission or credits for
incentive programs you received for the cancelled item.
Selling Other Brands or Products
We don’t prohibit you from participating in other businesses, including other direct selling businesses.
However, you have to run your Thirty-One business separately from your other business. This means
that you can only sell Thirty-One products at Thirty-One parties and events, and you can’t promote,
demonstrate, sell or display any other businesses’ products or promotional materials at these events or
in your communications with Thirty-One customers (e.g., email signatures or websites that contain the
Thirty-One name and another business name aren’t permitted).
As a Consultant, you will have access to information about Thirty-One customers and other Consultants
(e.g., names, contact information, etc.). This is confidential information that belongs to us, and you can
only use it to support your Thirty-One business. We don’t allow you to use this information or share it
with anyone else for any other purpose. You may not contact Thirty-One customers or Consultants to
offer them products or services other than official Thirty-One products. For example, you may not
contact Thirty-One customers or other Consultants to offer/sell them:
п‚·
Any training materials/tools or marketing materials/ideas you’ve created
п‚·
Any other products or services, including t-shirts, jewelry, crafts or other items created by you or
someone else (regardless of whether items include the Thirty-One name/logo).
Discounting Thirty-One Products
We are pleased to offer you a discount on our products, and we hope you’ll use it to buy products for
yourself or to give as gifts. We have to protect the value of our brand and provide a level playing field
for all of our Consultants. Therefore, you can’t “undercut” the retail prices of our products by widely
sharing your discount. Sharing an ongoing discount at your parties, through your Replicated Website
(www.mythirtyone.com) like “order online today and I’ll rebate you 10%” or any other sales channel
(like Facebook) is not allowed. This behavior is unfair to us and your fellow Consultants.
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
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We do allow you to offer limited, short-term incentives to your customers only if:
п‚·
The offer is to a small group of customers (NOT all of your customers or anyone who can see
your website or Facebook page).
п‚·
The offer lasts for seven days or less.
п‚·
You offer incentives no more than once per month.
Examples of these limited incentives include offering a discount to someone who books a party or
offering free shipping on orders over a certain amount. If you decide to offer a limited incentive, you
will incur its cost.
Buying Extra Products and Improper Enrollment of Consultants
It’s important that you always act with honesty and integrity in conducting your Thirty-One business.
You won’t be successful if you buy products or engage in any other scheme just to qualify for Consultant
status or Paid-At Title advancement, incentives, commissions, Overrides, bonuses, sales contests,
promotions, or Personal Volume requirements. Please purchase only the amount of products you
reasonably expect to use or sell to your customers during a single month. You can keep samples to use
at parties and a small quantity of products on hand for customers who may need something at the last
minute.
You must never engage in the following activities:
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Keep excessive inventory. You may not “inventory load” or encourage other Consultants to do
so.
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Represent that there is any obligation to buy products or business supplies (other than the
Enrollment Kit).
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Represent that commissions, Overrides or other earnings can be obtained solely from
purchasing inventory rather than selling products to customers.
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Enroll individuals (real or fictitious) as Consultants without their knowledge and permission.
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Enroll an individual who resides at the same address as a current Consultant.
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Cover some or all of the cost of a customer’s product purchase (this doesn’t apply to customer
discounts) or the purchase of an Enrollment Kit which counts toward your Personal Volume or
adds a Consultant to your Downline.
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Enroll an Active Consultant within a different line of sponsorship. We don’t allow recruitment of
Consultants from one sponsorship line to another.
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Buy products or engage in any other scheme just to qualify for Consultant status or Paid-At Title
advancement, incentives, commissions, Overrides, bonuses, sales contests, promotions, or
Personal Volume requirements.
If you engage in any of these unethical behaviors, then you may be subject to disciplinary action
including possible termination of your Consultant Agreement.
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Ordering
As a Consultant, you will generally place three types of orders:
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Party Orders: Orders of $200 or more in Personal Volume.
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Retail Orders: Orders of less than $200 in Personal Volume.
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Business Supply Orders: We offer a variety of business supplies (including products) at a
discount to assist you in running your Thirty-One business.
You’re responsible for:
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Complying with all of our policies and procedures for ordering, which are located in the “How to
Order Guide” in the Toolbox (Ordering) on ThirtyOneToday.com.
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Submitting all orders through your Virtual Office on mythirtyone.com.
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Including full and proper payment when orders are submitted.
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Placing regular, timely orders following the established order-submission and payment
schedules.
Once you submit an order through your Virtual Office, it cannot be changed!
Order Deadlines and Site Downtime
All Party Orders and Retail Orders must be successfully submitted before midnight of your local time
zone on the last calendar day of the month in order to be included in your Personal Volume for that
month and to be counted for sales contests, incentives, etc. We reserve the right to require different
order deadlines for special order types.
We strongly recommend that you submit party orders promptly after the party is closed. Don’t wait
until the end of the month to submit orders! You understand and agree that our website may be shut
down from time to time for maintenance or for reasons beyond our reasonable control. We won’t be
liable to you for any damages you may incur because of any website shutdown, Internet transmission
delays, processing time on our servers, or inability to access our website or your Virtual Office for any
reason.
Customer Payments and Protecting Customer Information
We will process credit card payments from your customers. However, you’re responsible for collecting
customers’ payments. If a customer’s credit card is declined, you can remove that customer’s items
from the Party Order or you can collect another form of payment from the customer before submitting
the Party Order.
We’re not responsible for declined credit cards.
Here are some rules you need to know about customers’ credit card payments:
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The billing address for the credit card must match the customer’s address on the order form. If
it doesn’t match, the credit card company may not accept the charge.
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п‚·
You should process credit cards carefully, making sure the proper amount is charged only once,
and avoiding multiple authorizations.
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You should process orders as close as possible to the time you will close and submit your party,
because the credit card company may not honor “old” authorizations.
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The order form is the only place where a customer’s credit card number should be written or
kept. Once you have submitted the order through your Virtual Office, you need to black out all
but the last four digits of the credit card number on the order form.
It’s also very important that you take all reasonable steps to protect your customers’ credit card
information (which is considered sensitive personally identifiable information) and other “Personally
Identifiable Information.” So, what is this? “Personally Identifiable Information” is information that can
identify an individual. It is broadly defined, and includes things like an individual’s name, postal address
(even just the zip code alone), email address, phone number, IP address, social media user name or
identifier, and similar types of information. There is also “sensitive” PII for which you should take
additional measures to protect. Sensitive PII would include an individual’s:
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Social Security or government identification number
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Driver’s license number or state-issued identification card number
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Bank account number, or credit or debit card number, or checking account number.
You’re responsible for:
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Taking steps to protect Personally Identifiable Information, especially sensitive PII, from
unauthorized access and ensuring it’s not shared with anyone.
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Covering all but the last four digits of credit card numbers on order forms with a black marker
(on both the front and back sides of the order form) after submitting orders through your Virtual
Office on mythirtyone.com.
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Destroying order forms that have Personally Identifiable Information after one year.
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Safely and promptly discarding all Personally Identifiable Information that you have once it is no
longer needed (order forms should be destroyed after one year).
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Making sure the computer you use to access your Virtual Office on mythirtyone.com or any
secured Thirty-One website is password-protected.
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Keeping your Consultant ID and passwords confidential.
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Having a secure connection to your Virtual Office on mythirtyone.com and any secured ThirtyOne website. This means you should make sure that your home Wi-Fi connection is secure and
you should not connect to your Virtual Office from any “public” Wi-Fi connections like
restaurants and Internet cafes.
п‚·
Using an Internet security tool that includes antivirus, antispyware, anti-rootkit, anti-phishing,
smart firewall, and network mapping & monitoring technology.
п‚·
Not accessing your Virtual Office on mythirtyone.com or any secured Thirty-One website
through any type of mechanical, scripted, automated or robotic means.
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Shipping and Handling
We charge shipping and handling fees on all orders, including Party Orders, Retail Orders, Business
Supply Orders, and orders for Enrollment Kits, StartSwell kits and add-on kits (except free add-on kits).
The current shipping and handling fees are explained for each order type in the “How to Order Guide”
on ThirtyOneToday.com. Shipments to Alaska, Hawaii and U.S. Territories carry higher fees.
We also ship to APO/FPO addresses. Please read “Shipping to APO/FPO Addresses” below for more
information.
Shipping to APO/FPO Addresses
We ship to APO/FPO addresses. An APO/FPO address is a special address used to send mail to military
personnel on domestic and international United States military bases. APO means “Army Post Office”
and FPO means “Fleet Post Office.”
There are no extra fees to ship to an APO/FPO address. All of our standard shipping rates apply. Orders
will be fulfilled from our distribution centers in the timeframes posted on ThirtyOneToday.com. We will
ship directly to the designated Department of Defense (DoD) facility. From there, United Stated Postal
Service (USPS) and the Military Postal Service Agency (MPSA) will complete the delivery. Shipping from
the DoD facility to the military base will require extra transit time. You can check the MPSA website for
current transit times.
Address Changes for Orders
Once an order is submitted to us, it can’t be changed. If an address change is required, you may contact
Consultant Support at (614) 414-GIFT or [email protected]. We can’t guarantee that we
will be able to change the address prior to shipment. If we have to change an address during shipment
or if an order is returned to us because of an address error, you will be charged additional shipping and
handling fees.
Sales Tax
When you become a Consultant, you authorize us to collect and remit to the proper governmental
agencies, the applicable sales/use tax generated as a result of your sales of products, as outlined below.
When orders are placed, sales tax is based upon the retail price of the items. You agree to be bound by
all sales tax collection agreements between us and all appropriate taxing jurisdictions, and all related
rules and procedures.
Here’s how sales tax works for your Thirty-One business:
п‚·
When your customers purchase products, we calculate, collect and remit the sales tax to the
appropriate tax agency based on the retail amount of the order and the location of the ship-to
address.
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When you purchase products or business supplies, we calculate, collect and remit sales tax to
the appropriate tax agency based on the retail amount of the order and your location. When
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U.S. Consultant Guidebook
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you use business credits on your order, the tax is still calculated based on the full retail price of
the items.
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Hostess Credits (i.e., free products received by hostesses) and Hostess Discounts (i.e., items
purchased by a hostess for ВЅ price) may be subject to sales tax. For more information, please
see the “Hostess Information” section of the “How to Order Guide” on ThirtyOneToday.com.
Return Policy
We want your customers to be perfectly satisfied with their purchases. If a product doesn’t meet a
customer’s expectations for any reason, please create a return on your Virtual Office within 90 days of
receipt of the order.
п‚·
Cancellations: It’s important to understand that your customers have a legal right to cancel
their orders for personalized products within three business days (five business days in
Alaska). Please see “Sales Receipts and Customer Cancellation Rights” above for more
information about this.
п‚·
Return or Exchange: Personalized items may only be returned due to a manufacturer defect or
at our sole discretion. If the item is returned within 90 days of receipt of the product, we’ll pay
for shipping to review the return. You’re responsible for reading and following the instructions
in the “Return Requests” section of the “How to Order Guide” on ThirtyOneToday.com.
п‚·
Refund on Return: We encourage customers to exchange for the same item being
returned. However, if they request a refund, then we’ll deduct the amount of any commissions
or Overrides you received for those products from any amounts you are to be paid. This
deduction will occur for the month in which we process the return (and will continue every
month after until the entire amount of the commission or Override is recovered). We’ll also
deduct any points or credits you earned for incentive programs.
We also offer gift certificates for purchase. Our gift certificates can’t be exchanged for cash, and we’re
not responsible for lost or stolen gift certificates. If an item purchased with a gift certificate is returned,
the refund will be placed back on the gift certificate.
Governmental Approval or Endorsement
There are no government agencies that approve or endorse any direct selling or network marketing
companies. You can’t represent or imply that Thirty-One or our Career Path have been “approved,”
“endorsed” or otherwise sanctioned by any government agency.
Where can I sell products and recruit new Consultants?
We want you to party! We are a party plan business and believe that home parties provide the best
opportunity to sell products and tell others about the Thirty-One opportunity. Home parties are a great
way for you and the hostess to connect with guests and form personal relationships that will become
the foundation of your Thirty-One business. Parties should be simple, effective and fun!
The rules around online activities are discussed in the “Can I talk about my Thirty-One business
online?” section of this Consultant Guidebook.
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Retail Locations
We want you to sell products through parties, so we don’t allow Consultants to sell products at any
“retail locations” like a retail store or a permanent kiosk in a mall, flea market, boutique or other store.
You’re free to conduct parties at restaurants.
You can leave flyers in non-retail locations (like salons, spas, doctors’ or dentists’ offices) with their
permission, so long as the purpose is to attract guests for parties – NOT to sell products. Any type of
“cash and carry” sale at a retail location is prohibited.
Mail Order Houses and Distribution Centers
We don’t allow our Consultants to advertise, promote, sell or recruit through mail order houses or
distribution centers. A company that creates letters to send out to customers encouraging them to buy
something via the mail is an example of a mail-order house.
Trade Shows and Expositions
Trade shows, expositions, fairs and similar events provide you with an opportunity to market your
Thirty-One business. Your goal at these events should be to book parties and find recruits. Your product
sales at these events may benefit you in the short-term, but your Thirty-One business will become
stronger through party bookings and new recruits. Please consider how the time you will devote to
preparing for this type of event will impact the time you have available to conduct parties.
Here are some rules you need to know about trade shows, expositions and similar events:
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You need to register for the event as an independent Thirty-One Consultant. The contract will
be between you and the organization holding the event. We are not responsible for your
participation or results.
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You can’t sell products at the event for more than the current retail price.
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You have to staff your booth or exhibit at all times, and you can’t share it with another business.
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The first Consultant to register for the event has the right to conduct the event. Before you
register for the event, you should make sure that another Consultant is not already registered.
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Your marketing materials for the event need to comply with our policies or be approved by
CAGS in advance.
п‚·
You are responsible for all permits, fees, licenses and insurance that may be required to
participate in the event.
We may be able to provide you with a limited number of catalogs for the event. You can download a
“Fair/Tradeshow Catalog Request Form” from ThirtyOneToday.com.
Insurance
If you sell products or host a party at a facility, you may be asked to provide proof of general liability
insurance. We recommend that you talk with your insurance agent about whether you need coverage
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
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for a small and/or home-based business. If you use your vehicle for your Thirty-One business, we
recommend you also discuss auto insurance with your insurance agent.
Telemarketing
In the U.S., the Federal Trade Commission (“FTC”) and the Federal Communications Commission (“FCC”)
each have laws that restrict telemarketing practices. Both of these federal agencies (as well as most
states) have “do not call” regulations and regulations regarding when calls can be made as part of their
telemarketing laws. You may not consider yourself to be a “telemarketer” in the traditional sense of the
word, but these regulations broadly define the term “telemarketer” and “telemarketing” so that your
inadvertent action of calling someone whose telephone number is listed on the federal “do not call”
registry or calling someone during prohibited hours could cause you to violate the law. You have to take
these regulations very seriously because significant penalties can be imposed if they are violated.
You may not engage in telemarketing in the operation of your Thirty-One business. The term
“telemarketing” means placing telephone calls to an individual or entity to induce the purchase of a
Thirty-One product, or to recruit them for the Thirty-One opportunity. “Cold calls" made to prospective
customers or Consultants that promote our products or the Thirty-One opportunity constitute
telemarketing and are prohibited. However, you can place a telephone call to a prospective customer or
Consultant (a “prospect”) in the following situations:
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You may call people with whom you have an established business relationship. An “established
business relationship” is a relationship between you and a prospect based on the prospect’s
purchase, rental, or lease of goods or services from you, or a financial transaction between you
and the prospect, within the six (6) months immediately preceding the date of your telephone
call to induce the prospect’s purchase of a product.
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You receive written and signed permission from the prospect authorizing you to call. The
authorization must specify the telephone number(s) which you are authorized to call.
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You may call family members, personal friends, guests who have attended a Thirty-One party
you conducted, and acquaintances. An “acquaintance” is someone with whom you have at least
a recent first-hand relationship within the preceding three (3) months. Remember that if you
engage in “card collecting” with everyone you meet and subsequently call them, the FTC may
consider this a form of telemarketing that is not subject to this exemption. So, if you engage in
calling “acquaintances,” you must make these calls on an occasional basis only and not make
this a routine practice.
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You may not use automatic telephone dialing systems or software in the operation of your
Thirty-One business. This means that you cannot use a computer to send text messages to more
than one person.
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You may not place or initiate any outbound telephone call to any person that delivers any prerecorded message (a “robocall”) regarding or relating to our products or the Thirty-One
opportunity.
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To comply with state and federal laws about the time telemarketing calls can be made, you
should try to place your calls between 10:00 a.m. and 8:00 p.m. Also, do not make calls in any
state on national holidays or on Sunday in Alabama, Louisiana, Mississippi, Rhode Island, South
Dakota and Utah.
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Of course, any time a customer asks that you no longer call her, you must honor her request unless your
call is about an existing order.
Clearance and Outlet Sales
We reserve the right to offer special clearance and outlet sale opportunities from time to time. These
sales may be non-commissionable, in which case they will not count toward your monthly qualifications
or maintenance for personal rank or commissions. All clearance and outlet sales are final and products
are purchased “as is.”
Consultants on Military Bases
If you plan to conduct business on a military base, you’re responsible for following any and all
regulations imposed by the U.S. military and the base commander while conducting your Thirty-One
business.
Currently, we are only licensed to do business in the United States and Canada. For this reason,
Consultants who live on military bases outside the United States need special consideration.
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Individuals who live on a military base outside the United States and meet all Consultant
eligibility rules are able to enroll as Thirty-One Consultants and promote to leadership.
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Even when living on a base outside the United States, you can only recruit individuals who are
U.S. citizens and meet all Consultant eligibility rules.
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If you live on a military base outside the United States, you’re not eligible to receive leads from
the Home Office.
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Foreign nationals cannot be recruited as Consultants, buy products or have products shipped to
them. International shipments may only be sent to APO/FPO addresses.
To support our military Consultants, we believe it is important to have a plan in place to protect their
businesses in the event a deployment takes place. If you want to continue your Thirty-One business
during your deployment, you’ll have to complete a “Plan of Accountability” to help ensure that your
business, Downline and customers are protected during your deployment. The Plan of Accountability
form can be accessed by contacting [email protected].
Are there any other policies for advertising and marketing my ThirtyOne business?
We’ve worked hard to build the value of the Thirty-One name for the benefit of your business and ours.
In fact, we sometimes invest in national and local media campaigns to drive brand awareness and help
you grow your Thirty-One business. It’s very important that you help us protect our image, reputation
and brand by following our policies and procedures for marketing and advertising. Please be sure to
read the rest of this Consultant Guidebook because other sections also contain policies and procedures
for marketing and advertising your Thirty-One business.
В© September 2013 Thirty-One Gifts LLC
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Identify Yourself as an Independent Thirty-One Consultant
When you’re conducting your Thirty-One business, it’s important that you always use your own name
and clearly identify yourself as an Independent Thirty-One Consultant. You can’t give your customers or
the public the impression that you’re an employee of Thirty-One Gifts LLC. This applies to all of your
communications (verbal and written), telephone listings and greetings, business cards, marketing
materials, etc. For example, list your Paid at Title with Thirty-One after your name (e.g., “Susan Smith,
Independent Thirty-One Gifts Consultant”).
You also can’t use the Thirty-One name or trademark on your bank accounts, credit applications or other
business forms. Checking accounts can simply be designated as “Business Accounts.” If you need to list
a business on your checking account, credit application or other form, use your name and “Thirty-One
Gifts Independent Consultant.” This is intended to avoid any implication that your independent ThirtyOne business is our Home Office.
Protecting the Thirty-One Name
The Thirty-One name, logo and trademark, as well as our designs, images or symbols belong to ThirtyOne Gifts LLC and are of great value to us. You can use the Thirty-One name to identify yourself as an
independent Thirty-One Consultant.
You can use marketing and advertising materials with the Thirty-One name that we create for your use.
If you want to use our name, logo, trademark or other items in a different way, you must obtain our
prior written permission by contacting us at [email protected].
We have to protect the value of the Thirty-One name, so we won’t allow any unauthorized use of our
name, logo and trademark or designs, images or symbols. You can’t sell any crafts, jewelry, clothing or
similar items that include our name, logos, trademarks, designs, images or symbols. Also, you may not
alter or change our name, logo, trademarks, designs, images or symbols. For example, you can’t change
the background color or script of the Thirty-One logo.
Video or audio recordings of Thirty-One events, including training sessions, speeches and National
Conference, are protected by copyright laws. You may not record or distribute recordings of Thirty-One
events without our prior written permission.
Consultants often use words, images, phrases, taglines, and/or ideas developed or coined within the
Thirty-One community for use by all Consultants. Examples of these items include product and fabric
names, catalog images, and phrases like “Celebrate & Connect” and “Celebrate, Encourage, Reward.”
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You can’t claim ownership of or the exclusive right to use these items.
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You understand and agree that you won’t try to register any these items as a trademark,
copyright or domain name and, if you do so anyway, you agree to assign the trademark
application or registration, or copyright or domain registration to us.
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By signing the Consultant Agreement, you understand that you are assigning to us any rights you
may have to words, images, phrases, taglines, and/or ideas developed or coined within the
Thirty-One community, and that we may register any of these items at our sole discretion.
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Consultant Produced Marketing Materials
We produce a variety of sales aids, business tools, and support materials to help you promote your
Thirty-One business. We carefully design these materials to ensure that they’re fair, accurate and
comply with all applicable legal requirements. Although we respect your passion for Thirty-One, we
strongly recommend that you use the materials we’ve created rather than your own materials.
You may advertise or promote your Thirty-One business using the tools, templates and images we
provide for your use. These items are available in the Toolbox (Logos) on ThirtyOneToday.com. You
don’t need our approval to use these tools, templates and images provided they are used in compliance
with the Consultant Guidebook terms. If you create your own marketing and advertising materials, you
must submit them to [email protected] for approval. You can’t use your materials unless we
give you prior written permission. We’re not responsible for any costs you incur to create your own
materials (including losses you may incur if we deny or rescind permission for you to use your materials).
Advertisements
You may want to place advertisements for your Thirty-One business in newspapers or magazines. Here
are some rules you need to know about advertisements:
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Any advertisements must be accurate, professional, not misleading and comply with our policies
and procedures, including those for using the Thirty-One name, logo and trademark.
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You can’t place advertisements unless we give you prior written permission.
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You need to send your request (including the ad copy, graphics and artwork) to
[email protected] at least five business days prior to the submission deadline.
п‚·
Once the advertisement runs, please scan and send the final advertisement to
[email protected] (subject line: FINAL ADVERTISEMENT).
Talking to the Media
It’s very important that the media receive accurate and consistent information about Thirty-One, so our
Home Office is the primary contact for the media. If you’re contacted by a member of the media for
information about our company, please refer them to CAGS. You may not respond to media inquiries
about our company or our products.
There are also some important rules to follow if you’re contacted by the media about your Thirty-One
business. You may not talk to the media about your Thirty-One business without our prior written
permission. Here are some rules we will follow when considering whether to approve your request to
talk to the media:
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You must submit your request to CAGS at least five business days prior to interview.
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You must have been a Consultant for at least one year or your Paid at Title must be Senior
Consultant or above.
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You must have conducted at least five parties within the last three consecutive months.
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
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Home Office Leads
We invest a lot of time, energy and money in building our reputation and public awareness of the ThirtyOne brand. We do this to attract new customers and potential new Consultants, which benefits our
business and yours. We receive many requests (which we call “Home Office Leads”) from potential
customers and recruits for more information about Thirty-One, our products and the opportunity to
become Consultants. We have a program to refer Home Office Leads to our existing Consultants. We
believe the best way to build your Thirty-One business is to conduct parties and use your own “social
network.” You shouldn’t expect to receive Home Office Leads and they’re not a way to sufficiently build
your business. For detailed information about our program and its eligibility requirements, please refer
to “Home Office Lead” summary located in the Toolbox (Home Office Leads) on ThirtyOneToday.com.
Unsolicited Faxes
You may not use or transmit unsolicited faxes in connection with your Thirty-One business. The term
“unsolicited faxes” means the facsimile transmission of any material advertising or promoting our
products or the Thirty-One opportunity. Although there are some narrow exceptions to this rule, the
legal regulations are strict and carry significant penalties.
Does Thirty-One support charities and fundraisers?
Yes! We are dedicated to giving back to our communities both locally and nationally because giving has
always been the common thread in everything we do.
Thirty-One Gives
Thirty-One Gives was born to give back and pay forward the many blessings we have received as a
company. The money donated to the Thirty-One Gives Fund is used to support charities which celebrate
and empower women and girls. For more information about Thirty-One Gives, please visit
www.thirtyonegives.org.
If you’re eager to help support Thirty-One Gives, you can host fundraisers in your community. Please
keep in mind that you can’t use our Thirty-One Gives name or logo without our prior written permission.
This includes the use of the Thirty-One Gives logo (even if you state that you’re an independent
Consultant). You can contact [email protected] for permission to use the Thirty-One Gives logo.
You can also purchase business supplies related to Thirty-One Gives to customize for your event.
Fundraisers
We don’t provide a discount on bulk product for fundraising purposes. However, we encourage you to
find ways to give back to different organizations in your community. If you would like to participate in a
fundraiser, you can donate to the organization in many ways. Here are a few suggestions:
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Donate a portion of your commissions
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Donate Hostess Benefits
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
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п‚·
Sell a Customer Special up to but not exceeding the cost of the regular retail price, then donate
the difference*
п‚·
Talk with other Consultants and hear their success stories
*You’re never allowed to sell our products for more than the current retail price, even if it’s for a good
cause. If a product is on special, you may sell the product at its regular retail price and donate the
difference between the special and retail price to charity.
Sales to Tax Exempt Organizations
If you’re selling products to a non-profit or other tax-exempt organization, we can remove the tax from
the order prior to submission. The organization will need to provide a certificate of tax exemption
issued by its particular state. For more information about sales to tax-exempt organizations, please read
the “Consultant Support – Tax Exempt” guide located in the Toolbox (Ordering) on ThirtyOneToday.com.
Can I talk about my Thirty-One business online?
Websites
To help you start your Thirty-One business, you’ll receive a “Replicated Website”
(www.mythirtyone.com/[your Consultant ID]). We’ll provide your Replicated Website for 90 days
without charge, and afterward a monthly subscription fee (currently $9.95 per month for the Replicated
Website or $12.95 per month for the Replicated Website and our monthly e-newsletter “Thoughts, Talks
and Trends”) will be charged to the credit card you have on file with us. If your Consulting Agreement is
terminated, the fees you paid for your Replicated Website are nonrefundable, except if a refund is
required under the law of your state of residence. Please read “Effect of Resignation or Termination.”
Here are some rules you should know about your Replicated Website:
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You may not alter its look (placement, sizing, etc.), functionality or branding.
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You may not use it to promote, market or sell non-Thirty-One products, events or income
opportunities.
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You can personalize the “About Me” page and welcome message. You’re solely responsible and
liable for the content you add to your Replicated Website.
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We can receive analytics and information about the usage of your Replicated Website.
We don’t allow Consultants to have external websites to promote their Thirty-One businesses. For
example, you may not have a link to “join my team” or to shop from your Replicated Website on an
external website. You may use an external website solely for the purpose of communicating with your
team. Your team website needs to be closed and password-protected (so it can’t be viewed by the
public) and you will need to revoke the access of any Consultant that leaves your team.
You can’t use the Thirty-One name or the number 31 (or any variations of them), for your team website
or any other website! For example, website names like these are NOT allowed:
п‚·
http://thirtyoneisfun.blogspot.com
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
Page 31
п‚·
http://31giftsbySaly.blogspot.com
п‚·
http://thirty-oneinohio.blogspot.com
п‚·
www.thirtyoneconsultantsrock.com
Online Sales
You can’t list or sell current Thirty-One products through any website other than your Replicated
Website (www.mythirtyone.com). Selling Thirty-One products on online auction sites including but not
limited to EBay, Etsy, Craig’s List, and Amazon is strictly prohibited. Online selling on auction sites is
grounds for immediate disciplinary action, and could result in termination of your Consultant
Agreement.
All of your activities related to sales of our products and recruiting of Consultants must be directed
through your Replicated Website (www.mythirtyone.com). We have a no tolerance policy for online
recruiting and online sales outside of your Replicated Website. If you are found to be in violation, we
have the right to terminate your Consultant Agreement immediately.
This section applies to all online sales, including Facebook and other social media websites. You can’t
list or sell current Thirty-One products through any website, including Facebook and other social media
websites, other than through your Replicated Website (www.mythirtyone.com). We do allow you to
promote the Thirty-One opportunity and products through social media so long as you are directing
people back to your Replicated Website. Please read through the “General Behavior in Social Media”
section below for more information. If you still have questions, please call CAGS at 614-414-4531.
General Behavior in Social Media
Social networking sites are wonderful tools for building a sense of community and strengthening
relationships when used in the appropriate context. We strongly believe in a culture that focuses on
relationships and community. However, leveraging social media to overtly promote sales and recruiting
is inconsistent with our values and position as a party plan direct selling company.
Social media includes blogs, wikis, forums, Twitter, Facebook, Instagram, Pinterest and any other form
of user-generated content shared on the Internet. Items you post online will likely be indexed by search
engines and copied by other sites, so these items can remain public and be associated with you even if
the original post is deleted. Post with care.
Never participate in social media when the topic being discussed may be considered a sensitive
situation. For example, complaining about backordered product is a customer service topic and is not
appropriate content for Consultants to post on the official Thirty-One Facebook Page. If you aren’t sure
if a topic is considered a sensitive situation, it’s best not to post anything at all. Instead, direct questions
or concerns to your Upline, log onto ThirtyOneToday.com, call Consultant Support (614-414-GIFT), or
use the “Contact Us” form on the official Thirty-One Facebook page.
When you disagree with other peoples’ opinions, please be appropriate and polite. If you find yourself
in a situation online that looks as if it’s becoming antagonistic, don’t get defensive. Refrain from making
negative, disparaging, false or misleading comments about Thirty-One (including the Career Path and
our owners, employees, products and vendors), other Consultants, or any other direct selling company
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
Page 32
(including the other company’s consultants, compensation and products). Disengage from the dialogue
in a polite manner that reflects well on you and Thirty-One.
You on Facebook: Facebook Business Pages, Personal Profiles, Public Figure
Pages and Closed Groups
It is important to become familiar with Facebook terminology so that you can choose what makes the
most sense for you to use personally and for your business.
п‚·
Facebook Business Pages are designed to give businesses an additional way to connect and
engage with people interested in them, their products or their cause. An example of a Facebook
Business Page is www.facebook.com/thirtyone.
п‚·
Personal Profiles contain information about YOU (where you went to school, where you work,
what your favorite books are, etc.). These pages include privacy setting to limit the amount of
content that you share. Facebook prohibits selling and recruiting on personal profiles and we
echo that policy.
п‚·
Public Figure Pages are public profiles where you can promote yourself and your Thirty-One
business. Maintaining a Public Figure Page allows you to keep a private Facebook profile for
friends and family and a separate profile that may focus solely on your Thirty-One experience.
The function is similar to personal profiles, giving you the ability to add photos, post status
updates and engage with fans. To subscribe to your updates and information, users must “like”
your page. An example of a Public Figure Page is www.facebook.com/CindyMMonroe.
п‚·
Closed Groups allow anyone on Facebook to see the group name, its members and people
invited to join the group, but only members can see posts in the group. To join a closed group, a
member needs to add you, or you can ask to join. People may see when you join or are invited
to a closed group, such as in News Feed or search. For more information on the types of groups
that are available through Facebook, visit https://www.facebook.com/about/groups.
Facebook Pages (Public Figure Pages) for Your Business
To set up a page to use for your Thirty-One Business, please visit the pages section on Facebook
(http://www.facebook.com/pages/create.php) and select “Artist, Brand or Public Figure” and then
choose the “Business Person” category.
For more information on the specific pages and uses, please visit Facebook’s help center:
www.facebook.com/help.
A public figure page, like a personal Facebook profile, should be a reflection of you and should display
your real name and identity. When selecting a profile photo, make sure that the photo portrays you and
is not a stand-alone image of a Thirty-One product, logo, pattern, etc. We prohibit selling our products
on a public figure page, but you may list links to your Replicated Website (mythirtyone.com) and share it
on your public figure page in the “About” section. If you share recruiting or sales messages on this page,
you must direct people to your Replicated Website to join your team or to shop for Thirty-One products.
Recruiting or sales incentives, outside of those offered by Thirty-One, are not to be posted or promoted
on your Public Figure Page.
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
Page 33
We reserve the right to randomly audit public figure pages and provide recommendations on what
should and should not be included in the content.
Personal Facebook Profile
Facebook prohibits selling products or professional promotion on a personal Facebook profile page.
Aggressive selling and “pushing” the Thirty-One opportunity through social media may eventually cause
the loss of “friends” or contacts on these sites, ultimately hurting the reputation of Consultants and the
Thirty-One brand. To connect with and sell to customers who can’t attend your parties, please use your
Replicated Website (mythirtyone.com). This is the approved method of online selling and the best
forum to offer the opportunity away from your parties.
You may maintain a personal Facebook profile, provided it doesn’t promote your Thirty-One business.
Posts on this profile can mention Thirty-One, but should not invite friends and family to shop on your
website and join your team. Your personal Facebook profile should be a reflection of you and should
display your real name and identity. When selecting a profile photo, make sure that the photo portrays
you and not a stand-alone image of a Thirty-One product, logo, pattern, etc.
You may list Thirty-One in the “About” section of your personal Facebook profile, in the “Work and
Education” section. An example listing would include:
п‚·
Position: Independent Thirty-One Consultant (Sr. Consultant, etc.)
o
Note: You must list your position as above with the words “Independent Thirty-One” before
your title.
п‚·
City/Town: Your hometown
п‚·
Description: “Thirty-One Gifts LLC is a party plan direct selling company. Through its
independent sales consultants, Thirty-One offers a wide variety of “giftable” products, including
signature purses, totes, and other storage solutions, that help organize your life. For more
information, please visit my website at www.mythirtyone.com/yournamehere.”
You may also share content from the Thirty-One Gifts Facebook page (www.facebook.com/thirtyone),
provided you do not include links to your mythirtyone.com site in your post as selling on personal profile
pages is prohibited. You may include a post to invite questions or start conversations with your social
networks, which may ultimately result in sales.
Closed Facebook Groups
Closed Facebook Groups are the place for small group communication.
When you create a group page, for your Thirty-One business (hostesses and/or customers) or for your
Thirty-One team, you must set it up as a “closed” group. Members should be invited to join and have
the opportunity to opt out, if they wish.
As the administrator, and/or when participating in these Facebook groups, you must clearly identify
yourself as an Independent Thirty-One Consultant. When representing yourself as a Thirty-One
Consultant, you must avoid inappropriate conversations, comments, images, video, audio, applications
or any other adult, profane, discriminatory or vulgar content. The determination of what is appropriate
is at our sole discretion.
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
Page 34
For more information about the different types of Facebook groups and how they work, visit Facebook’s
help center: https://www.facebook.com/about/groups.
Reminder!
When creating enhancements for your personal or public Facebook profile, closed Facebook group, or
Thirty-One email signature (PicBadges, e-signatures, etc.) the use of our name, logo, trademark or other
items must be approved in writing by contacting [email protected]. To protect the value of the
Thirty-One name, no unauthorized use of our name, logo and trademark or designs, images or symbols
is permitted.
Any information you receive before the rest of the field should not be shared on any social media
platform. This includes, but is not limited to, sneak peeks, amenities, special promotions or information
shared on Director Calls, Webinars, Leadership Trips, Conferences and special events. Violators may be
subject to disciplinary action and will be handled on a case-by-case basis.
Thirty-One Home Office Facebook Page
The official Thirty-One Facebook Page (www.facebook.com/thirtyone) is a public page and is a place for
everyone to interact, including Consultants, customers, fans and employees. We monitor the page to
ensure that the experience is positive for everyone. We don’t edit user comments, but we do reserve
the right to remove comments that don’t abide by our rules. If an individual repeatedly violates any of
the policies, that user will be blocked from posting in the future.
Comments or posts should reflect the goal of Celebrating, Encouraging, and Rewarding the Thirty-One
family and community. We ask that you be respectful of one another and comply with all Facebook
terms and policies, including but not limited to not posting comments, images or other types of content
that are:
п‚·
Mean spirited, abusive, defamatory or obscene
п‚·
Self-promoting
o
Sending unsolicited private messages to fellow users
o
Links to Replicated Websites (www.mythirtyone.com)
o
Invitations to “join my team”
п‚·
Links to personal websites or blogs
п‚·
Fraudulent, deceptive or misleading
п‚·
In violation of a law or regulation, or another person’s intellectual property rights
п‚·
Linked to Web sites containing harmful or inappropriate content
Please don’t post customer service questions or issues to the wall of the official Thirty-One Facebook
Page. You may direct your questions to your Upline, log onto ThirtyOneToday.com, call Consultant
Support (614-414-GIFT), or use the “Contact Us” form on the official Thirty-One Facebook Page.
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
Page 35
It’s important that you don’t publish or report conversations that are meant to be private or internal to
Thirty-One and our Consultants without permission. For example, don’t post or discuss monthly specials
or other Consultant-only communications that are not meant to be revealed to the public yet. Make
sure your efforts are transparent and don’t violate our privacy, confidentiality and legal guidelines.
Creating and Posting Events on Facebook
When using Facebook events as an invitation to a home or catalog party hosted by someone else (not
you as the Consultant), you may create the event on behalf of the Hostess and add her as the event
owner, so that all she has to do is invite her Facebook friends. If the Hostess chooses to create her own
event, she may choose to add you, as the Consultant, to the event to make it easier for you to monitor
the anticipated attendance and to answer any questions or concerns related to Thirty-One or to the
party experience.
If you, as the Consultant, are hosting your own event, such as an open house, vendor show or
fundraiser, you may create this event on your personal Facebook page and invite friends. You may also
choose to promote these events separately in your closed Facebook groups for customers and/or
Hostesses or on your public figure page. If you are participating in an event that has already been
created on Facebook you may extend that invitation to those in your social network.
Please remember that Facebook does not allow selling on personal profile pages. To remain compliant
with Facebook terms and conditions, it is important to be mindful of how you speak about these types
of events. You may update your Facebook status to reflect your participation, which may prompt a
friend or family member to ask for more information or for access to your closed group. Here are two
examples:
п‚·
Approved: “I'm so excited that I have been asked to join the charity's annual fundraiser on June
1-4! Please send me a message if you'd like more details.”
п‚·
Not approved: “I'm so excited to have been asked to join the charity's annual fundraiser on June
1-4! If you want to shop now, please visit www.mythirtyone.com/TBD or call me at XXX-5555555!”
For more details on how to create and set up a Facebook event, visit
https://www.facebook.com/help/events.
Pinterest
Pinterest is designed to help you share the things that you love. If there is a photo or project you’re
proud of, pin away! Pinterest is a tool that should be used primarily for inspiration, not for selfpromotion. We encourage you to pin photos of product uses, personalization, fashion, gift ideas, etc.
Those pins may include links to your Replicated Website (mythirtyone.com). However, please do not
use Pinterest to send unsolicited recruiting messages to fellow users. For other questions about using
Pinterest, please refer to the site’s policies and procedures.
Twitter
The official Thirty-One Twitter handle is @thirtyone.
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
Page 36
Our Twitter policy: Be professional, kind, discreet and authentic. Represent us well. Remember that
you can’t control it once you hit “tweet.” Don’t send unsolicited tweets to promote your Thirty-One
business or to sell Thirty-One products.
Blogs
If you’re writing a blog that mentions Thirty-One, please identify yourself as an independent Thirty-One
Consultant and clearly state that the views expressed on the blog or website are yours alone and don’t
represent our views.
You may not share our confidential information in any blog. For more information about what
information is “confidential,” please read the “Confidential Information” section under “Is there
anything else I should know about being a Consultant?” below. If your occasional post about ThirtyOne features products, parties or experiences, you may include information and direct traffic to your
Replicated Website (www.mythirtyone.com).
Spam Linking
Spam linking is defined as multiple consecutive submissions of the same or similar content into blogs,
wikis, guest books, websites or other publically accessible online discussion boards or forums and is not
allowed. This includes blog spamming, blog comment spanning, and/or “spamdexing.” Any comments
you make on blogs, forums, guest books, etc., must be unique, informative, and relevant.
Recordings
Recordings (through YouTube, iTunes, Photo Bucket, etc.) provide you with an opportunity to market
your Thirty-One business. Your goal for recordings should be to book parties and find recruits to
promote the long-term growth of your Thirty-One business. Please consider how the time you will
devote to creating and posting recordings will impact the time you have available to conduct parties.
You may create and share audio and video recordings that you create about your Thirty-One business so
long as:
п‚·
You do not record or distribute recordings of official Thirty-One events.
п‚·
The recording is approved by CAGS in advance.
п‚·
You do not use “Thirty-One” (or any variation of our name) in the title of the recording.
п‚·
The recording is consistent with our values and will not harm the reputation of our company,
products or Consultants.
п‚·
The recording is accurate, not misleading and complies with our policies and procedures,
including those for using the Thirty-One name, logo and trademark.
п‚·
You clearly identify yourself as an independent Consultant (in the content itself and in the
content description tag).
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
Page 37
п‚·
You include the following statement: “This recording was created by [INSERT CONSULTANT
NAME], an independent sales consultant for Thirty-One Gifts LLC. [INSERT CONSULTANT NAME]
is solely responsible for the content of this recording. Thirty-One Gifts LLC does not endorse and
is not responsible for the content of this recording.”
п‚·
You comply with all applicable legal requirements.
We reserve the right to approve or request immediate removal of your recordings about your ThirtyOne business.
Domain Names, Email Addresses and Online Aliases
You are not allowed to use or register Thirty-One Gifts or any of Thirty-One Gifts trademarks, product
names, or any derivatives, including the number 31, for any Internet domain name, e-mail address, or
online aliases. Additionally, you cannot use or register domain names, e-mail addresses, and/or online
aliases that could cause confusion, or be misleading or deceptive, in that they cause individuals to
believe or assume the communication is from, or is the property of Thirty-One Gifts. Examples of the
improper use include but are not limited to:
п‚·
[email protected]
п‚·
www.31giftsisgreat.com
п‚·
www.myspace.com/thirtyonegiftsfan
п‚·
www.thirtyonegifts.com/official or Thirty-One Gifts showing up as the sender of an e-mail.
Thirty-One Gifts Hotlinks
When directing readers to your Replicated Website (www.mythirtyone.com), it must be obvious from
the link and the surrounding context that the link is to the site of a Consultant. We do not allow any
attempts to mislead web traffic into believing they are going to a Thirty-One corporate website, when in
fact they land at a Consultant site (replicated). The determination as to what is misleading will be at our
sole discretion.
Banner Advertising
You may place banner advertisements on a website provided you use our approved logos. All banner
advertisements must link to your Replicated Website (www.mythirtyone.com). You may not use blind
ads or web pages that make product or income claims that are ultimately associated with us, our
products or the Thirty-One opportunity. You may advertise your business through web banner ads
provided the ads have been reviewed and approved by CAGS.
Sponsored Links / Pay-Per-Click (PPC) Ads
Sponsored links or pay-per-click ads are acceptable. The destination URL must be to your Replicated
Website (www.mythirtyone.com). The display URL must also be to your Replicated Website, and must
not portray any URL that could lead the user to assume they are being led to a Thirty-One corporate
website, or be inappropriate or misleading in any way.
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
Page 38
Unsolicited E-mail Spamming / Mass E-mailing
You’re not allowed to transmit mass, unsolicited e-mails to promote us, our products or the Thirty-One
opportunity to people who you don’t know, or who haven’t given you permission to contact them.
People who are “opt in” subscribers (people who have initiated a request to be included in bulk emailing, newsletter or other standardized communications from you and you have proof of the request)
are allowed. Any email you send that promotes us, our products, or the Thirty-One opportunity must:
п‚·
Be sent through your Replicated Website (do not send Thirty-One business emails from your
personal email address).
п‚·
Have a functioning return email address to the sender.
п‚·
Contain a notice that advises the recipient that he or she may reply to the email, via the
functioning return email address, to request that future email solicitations or correspondence
not be sent to him or her (a functioning “opt-out” notice).
п‚·
Include your physical mailing address.
п‚·
Clearly and conspicuously disclose that the message is an advertisement or solicitation.
п‚·
Not contain deceptive subject lines and/or false header information.
You must honor all opt-out requests, whether received by email or regular mail! By sending Thirty-One
related emails from your Replicated Website, we can capture opt-out requests from recipients and we
will provide the opt-out names and addresses to you through your Virtual Office on mythirtyone.com. If
you send a Thirty-One related e-mail from your personal email address and you receive an opt-out
request from the recipient, you need to forward the opt-out request to us. Once someone has optedout of receiving Thirty-One related mails, you may no longer send them emails (even from your personal
email address) to invite them to Thirty-One parties or to sell them Thirty-One products, but you may
send her emails about orders she placed or in response to her inquiry (including responding to her
request to participate in or host a Thirty-One party).
We may periodically send promotional emails on behalf of our Consultants. By entering into the
Consultant Agreement, you agree that we may send these emails and that physical and email addresses
will be included in the emails (as outlined above). If, as a result of the promotional emails that we send
on behalf of Consultants, you receive a specific opt-out request, you must forward the opt-out request
to us. You must honor opt-out requests generated as a result of emails we send once we provide the
opt-out names and email addresses to you through your Virtual Office on mythirtyone.com.
Is there anything else I should know about being a Consultant?
Yes. There are some other important things you should know about being a Consultant. We’ve outlined
them below. Fair warning - there is a lot of technical and legal language in this section!
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
Page 39
Celebrate, Encourage and Reward
We believe in celebrating, encouraging and rewarding others for who they are. When you or someone
in your Downline has an important life event (like a birth, marriage, serious illness or death), please
contact CAGS at [email protected] so we can support you!
Consultant Product Ideas, Marketing Materials and Training Tools
We love our Consultants’ passion and enthusiasm for Thirty-One. We are often impressed by our
Consultants’ ideas for new products, as well as the training tools and marketing materials they create.
Our Consultants often send these product ideas, training tools and marketing materials to us. We
sometimes want to use these product ideas or share these training tools and marketing materials with
other Consultants. This is why it’s important for you to understand that any unsolicited suggestions or
information you send us will be treated as non-proprietary and non-confidential and will become our
property for use without compensation in our sole and unlimited discretion.
You understand and agree that:
п‚·
When you share your materials and ideas with us (including new product ideas, product
improvements, manufacturing improvements, training tools and techniques, and marketing
materials), you are assigning to us any and all personal and intellectual property rights you may
have to those materials and ideas (including any designs, works of art, appearances, inventions,
methods, processes and improvements).
п‚·
We may register or patent any of these items at our sole discretion.
п‚·
You will perform any acts that we believe are necessary for us to seek registration of a
copyright, patent or trademark for any of the assigned rights and to vest the title you have
conveyed to us.
Amendments
We reserve the right to amend the:
п‚·
Consultant Agreement
п‚·
Career Path
п‚·
Consultant Guidebook
п‚·
policies and procedures posted on ThirtyOneToday.com
п‚·
price and selection of our products, including which products can be personalized
You understand and agree that we can make these amendments at our sole discretion, at any time and
without prior notice to you. We will communicate amendments to you through our official company
publications, postings on our websites, special mailings, voice messages or email. Any amendments we
make will become effective and binding on all of our Consultants 30 days after they are communicated.
Amended policies will not apply retroactively to conduct that occurred prior to the effective date of the
amendment. Your continued operation of your Thirty-One business or your acceptance of any
commissions, Overrides, bonuses or other benefits after the effective date of any amendment
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
Page 40
represents your acceptance of that amendment (and any previous amendments). If an amendment
conflicts with any original documents, then the amendment will control.
Disciplinary Actions
We expect all of our Consultants to live our values. It’s important for you to follow the highest
standards of ethics, honesty, integrity and professionalism when dealing with customers, hostesses,
fellow Consultants and Thirty-One employees. We may, at our sole discretion, take any of the following
actions if you violate any of our policies and procedures or engage in any illegal, fraudulent, deceptive or
unethical behavior:
п‚·
Issue a written warning
п‚·
Require you to correct the behavior
п‚·
Place your account on hold and suspend your authority to operate your Thirty-One business
п‚·
Impose a fine (which we may withhold from your commissions)
п‚·
Reassign one or more Consultants in your Downline to another Sponsor
п‚·
Terminate your Consultant Agreement (Please read “Effect of Resignation or Termination.”)
п‚·
Reduce your current and/or lifetime Consultant status (temporarily or permanently)
п‚·
Report criminal behavior to law enforcement
п‚·
Take legal action against you
п‚·
Take any other action that we believe is appropriate and practical to fairly resolve any harm
caused by your behavior
Grievances and Complaints
If you have a grievance or complaint about another Consultant regarding any practice or conduct related
to Thirty-One, please try to resolve the situation and report it to the other Consultant’s Sponsor. If the
situation can’t be resolved, please report it to CAGS at [email protected].
Reporting Policy Violations
If you learn that another Consultant has violated any of our policies or procedures, please report the
violation to CAGS at [email protected]. If possible, we’ll keep your report and/or identity
confidential.
Acts by Members of Your Household or Business Entity
You will be held responsible for violations of our policies or procedures committed by any:
п‚·
member of your immediate household
п‚·
business entity (i.e., a corporation, partnership, LLC, etc.) with which you are associated.
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
Page 41
If this happens, we may take disciplinary action against you, including possible termination of your
Consultant Agreement.
Transferring Your Thirty-One Business
You may not sell, give away, assign or otherwise transfer your Thirty-One business or any of your rights
and obligations under the Consultant Agreement.
Consultant Release
From time to time in your role as a Consultant, you may participate in Thirty-One events or provide us
with a testimonial about your experience as a Consultant. In connection with these events and
testimonials, we may record testimonials, quotes, pictures, photographs, video recordings, audio
recordings, and the like (“Recorded Materials”) containing your name, image, likeness, and/or voice. By
entering into the Consultant Agreement and in consideration of your participation in such events, you
agree that:
п‚·
We may produce and distribute the Recorded Materials, or parts of them, in our business in any
manner, including for training and education purposes, and in promotional materials.
п‚·
You’re assigning to us any and all copyright interests and rights of publicity you may have to the
Recorded Materials, without any obligation for us to compensate you, whether or not you
continue to be a Consultant.
п‚·
You’re waiving any right to inspect or approve any Recorded Materials or other materials that
include any Recorded Materials.
п‚·
You’re agreeing that we may edit or modify the Recorded Materials or combine the Recorded
Materials with other images, voices, performances, or material, as long as such editing,
modification, or combination, is not defamatory, disparaging or misleading.
п‚·
You’re agreeing not to take any legal action against us for, and you release us from, all claims
and liabilities in connection with the use of your name, image, likeness, or voice, claims for
invasion of privacy, violation of right of publicity, defamation, personal injury, property damage,
loss of services, or any other cause of action relating to use of the Recorded Materials.
п‚·
You’re agreeing that you don’t have any right, title or interest in any Recorded Materials or
derivative work which uses your name, testimonial, quote, image, likeness or voice.
Confidential Information
As a Consultant, you will learn or have access to “Confidential Information,” which includes:
п‚·
Lists of customers and their contact information
п‚·
Upcoming product releases
п‚·
Information about our sales figures, financial information, number of products sold, etc.
п‚·
Lists of Consultants in your Upline and Downline, their contact information, personal and group
sales volume, status, and Paid-At Titles
п‚·
Information about our products that has not been made available to the general public
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
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This Confidential Information belongs to Thirty-One and constitutes a “trade secret” for legal purposes.
We may make the Confidential Information available to you only for the purpose of supporting you,
your Downline and to help develop your Thirty-One business. You may use Confidential Information
only in connection with your Thirty-One business and for no other purpose. You must protect the
Confidential Information and not share or make it available to any other person or business entity other
than your Downline. You understand and agree that any wrongful disclosure of the Confidential
Information will cause us immediate and irreparable harm and that we may pursue any and all legal
remedies available against you if you violate your obligations regarding our Confidential Information.
This provision will survive the termination of your Consultant Agreement.
Information that we learn about you once you become a Consultant, including but not limited to your
personal information, sales volume or other financial information related to your Thirty-One business or
Paid-At Title, also belongs to us. We may share this information with our affiliates and/or unrelated
third parties.
Reports
We strive to provide you with accurate and reliable reports (e.g., Personal Volume, commissions,
Overrides, Downline activity reports and Downline sponsoring activity) about your Thirty-One business,
but sometimes there are errors. These errors can be caused in a number of ways, including human
error, computer errors, the timeliness of order processing, denial of credit card payments, returned
products, etc. Therefore, we simply can’t guarantee the accuracy of the reports we provide to you.
ALL INFORMATION (INCLUDING PERSONAL AND GROUP SALES VOLUME) IS PROVIDED TO YOU “AS IS” WITHOUT
WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER, IN PARTICULAR BUT
WITHOUT LIMITATION THERE ARE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR
NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIRTY-ONE AND/OR OTHER PERSONS CREATING
OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY CONSULTANT OR ANYONE ELSE FOR
ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF THE
USE OF OR ACCESS TO PERSONAL AND/OR GROUP SALES VOLUME INFORMATION (INCLUDING BUT NOT LIMITED
TO LOST PROFITS, BONUSES, OR COMMISSIONS, LOSS OF OPPORTUNITY, AND DAMAGES THAT MAY RESULT FROM
INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF
THIRTY-ONE OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THIRTY-ONE OR OTHER PERSONS
CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR
ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER
THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED
THERETO.
Indemnification
Indemnification is one party’s agreement to pay for the losses another party suffers. It’s similar to an
insurance policy. For example, if your home is damaged by an accidental fire, the insurance company
will indemnify you (i.e., it will pay for the losses you suffered because of the fire). This same concept
applies to our contract with you.
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
Page 43
As a Consultant, you will indemnify and hold harmless Thirty-One (and our members, managers,
directors, officers, employees, agents and assigns) from and against any damages, losses, claims,
liabilities and expenses (including attorneys’ fees) related to your:
п‚·
activities as a Consultant (including any statements and misrepresentations you make in person,
online or otherwise)
п‚·
breach of any of our policies or procedures (whether or not contained in the Consultant
Agreement or Consultant Guidebook)
п‚·
violation of, or failure to comply with, any law or regulation.
Your obligation to indemnify us will continue to survive even after your Consultant Agreement ends or is
terminated.
Mediation and Arbitration
We hope to enjoy a smooth business relationship with you, but there may be times when we don’t see
eye to eye. This section describes the process that we will use to resolve any serious disputes that may
arise between us. These concepts are complicated, so we thought these definitions may help you
understand the process:
п‚·
Mediation is a voluntary process in which two or more parties involved in a dispute work with
an impartial party, the mediator, to generate their own solutions in settling their conflict.
Mediation is about finding a solution that works for both parties, which is different from a court
case or arbitration where one party wins and the other party loses.
п‚·
Arbitration is a process to resolve a dispute outside the courts in which the parties to the
dispute refer the case to an “arbitrator” and agree to be bound by the arbitrator’s decision. It’s
a settlement technique in which the arbitrator reviews the case and imposes a decision that is
legally binding for both sides.
If there is a serious dispute between us relating to the Consultant Agreement, we agree to meet in good
faith and attempt to resolve the dispute though mediation instead of a lawsuit. One individual who is
acceptable to you and us will be appointed as mediator. The mediation will occur within 60 days from
the date on which the mediator is appointed. The mediator’s fees and costs, as well as the costs of
holding and conducting the mediation, will be divided equally between the parties. Each party will pay
its portion of the anticipated shared fees and costs at least 10 days in advance of the mediation. Each
party will pay its own attorneys’ fees, costs, and individual expenses associated with conducting and
attending the mediation. The mediation will be held in Columbus, Ohio.
If the mediation is unsuccessful, any controversy or claim arising out of or relating to the Consultant
Agreement will be settled by arbitration instead of a lawsuit. IN ANY LEGAL PROCEEDING RELATING TO
YOUR CONSULTANT AGREEMENT, BOTH OF US AGREE TO WAIVE ANY RIGHTS WE MAY HAVE TO:
п‚·
LITIGATE IN COURT OR ARBIRTRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION, EITHER AS A
MEMBER OF A CLASS OR AS A REPRESENTATIVE, OR TO ACT AS A PRIVATE ATTORNEY
GENERAL, AND
п‚·
A TRIAL BY JURY.
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
Page 44
The arbitration will be filed with, and administered by, the American Arbitration Association (“AAA”) or
Judicial Arbitration and Mediation Services Endispute (“JAMS”) under their respective rules and
procedures. The Commercial Arbitration Rules and Mediation Procedures of the AAA are available on
the AAA’s website at www.adr.org. The Streamlined Arbitration Rules & Procedures are available on the
JAMS website at www.jamsadr.com.
Notwithstanding the rules of the AAA or JAMS, the following will apply to any arbitration:
п‚·
The Federal Rules of Evidence will apply in all cases.
п‚·
The parties will be entitled to all discovery rights permitted by the Federal Rules of Civil
Procedure.
п‚·
The parties will be entitled to bring motions under Rule 12 and/or Rule 56 of the Federal Rules
of Civil Procedure.
п‚·
The arbitration will occur within 180 days from the date on which the arbitrator is appointed,
and will last no more than five business days.
п‚·
The parties will be allotted equal time to present their respective cases, including crossexaminations.
All arbitration proceedings will be held in Columbus, Ohio. There will be one arbitrator selected from
the panel that the Alternate Dispute Resolution service provides. Each party will be responsible for its
own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator will
be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of
competent jurisdiction. This agreement to arbitrate will survive the cancellation or termination of the
Consultant Agreement.
The parties and the arbitrator will maintain the confidentiality of the entire arbitration process and will
not disclose to any person not directly involved in the arbitration process the:
п‚·
substance of, or basis for, the controversy, dispute, or claim
п‚·
content of any testimony or other evidence presented at an arbitration hearing or obtained
through discovery in arbitration
п‚·
terms or amount of any arbitration award
п‚·
rulings of the arbitrator on the procedural and/or substantive issues involved in the case
We both agree that any arbitration will only be conducted on an individual basis and that if it is
determined, despite the clear and unambiguous intent of the parties as stated in this Consultant
Guidebook, to permit arbitration other than on an individual basis, the arbitration will immediately be
terminated and neither party will be under any obligation to continue in the arbitration. In the case of
such termination, or if the arbitration clause is deemed inapplicable or invalid, or otherwise is deemed
to allow for litigation of disputes in court, we both waive, to the fullest extent allowed by law, any right
to pursue or participate as a plaintiff or a class member in any claim on a class or consolidated basis or
in a representative capacity.
Notwithstanding this, nothing in the Consultant Guidebook will prevent either party from applying to
and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction,
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
Page 45
preliminary injunction, permanent injunction or other relief available to safeguard and protect its
intellectual property rights, and/or to enforce its rights under the non-solicitation provision of the
Consultant Guidebook.
Governing Law, Jurisdiction and Venue
Jurisdiction and venue of any matter not subject to arbitration will reside exclusively in Franklin County,
State of Ohio. The Federal Arbitration Act will govern all matters relating to arbitration. The law of the
State of Ohio will govern all other matters relating to or arising from the Consultant Agreement.
Notwithstanding the foregoing, and the arbitration provision contained in the Consultant Guidebook,
residents of the State of Louisiana will be entitled to bring an action against us in their home forum and
pursuant to Louisiana law.
Severability
If any part of:
п‚·
the Consultant Agreement
п‚·
the Consultant Guidebook or
п‚·
any other document, policy or procedure referred to in the Consultant Guidebook
is declared invalid by a court of competent jurisdiction, then (1) that part will be reformed and enforced
to reflect its original purpose as closely as possible and (2) the rest of the document will remain in full
force and effect.
Waiver
We maintain our right to insist on compliance with our policies and procedures and with applicable laws
governing business conduct. If we permit an exception to the rules, that doesn’t mean we’ll permit the
same or any other exception to the rules in the future. This language deals with the concept of “waiver”
and you understand and agree that we aren’t waiving any of our rights under any circumstances.
Limitation of Damages
To the maximum extent permitted by law, Thirty-One (and our members, managers, directors, officers,
employees, agents and assigns) will not be liable for, and you hereby release us from, and waive any
claim for lost profits, incidental, special, consequential or punitive damages which may arise out of any
claim whatsoever relating to the operation of our business or our business relationship with you. You
also agree that, if you make a claim against us, our liability will be limited to the amount of any
commissions and Overrides we’ve paid you during the preceding year, as well as the amount of any
accrued and unpaid commissions and Overrides.
Soliciting Thirty-One Customers and Consultants
You agree that during the term of your Consultant Agreement and for six months after it ends, you will
not (and will not attempt to) directly or indirectly (on behalf of yourself or any other person or entity):
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
Page 46
п‚·
solicit or induce any Consultant to terminate or alter her business relationship with us, or
п‚·
recruit, sponsor, solicit, enroll, encourage or influence (in any way) other Consultants (except for
Consultants you personally sponsored) or Thirty-One customers to enroll or participate in
another multilevel marketing, network marketing or direct selling opportunity.
You understand and agree that:
п‚·
Any effort to limit the geographic scope of this non-solicitation provision would render it wholly
ineffective because direct selling is conducted through networks of independent contractors
dispersed across the U.S., and business is commonly conducted via the internet and telephone.
п‚·
This non-solicitation provision will apply nationwide.
п‚·
This non-solicitation provision will survive the termination of your Consultant Agreement.
Thank You
Thank you for reading our Consultant Guidebook. We’re confident it will help you get off to a good start
in conducting an ethical and successful Thirty-One business. Remember – you’re responsible for
reading, understanding and following all of the policies, procedures and other information in this
Consultant Guidebook. If there is something you don’t understand, please ask your Sponsor or you
can always contact CAGS at [email protected] or (614) 414-4531. We are pleased you decided
to join Thirty-One and look forward to celebrating many successes together!
В© September 2013 Thirty-One Gifts LLC
U.S. Consultant Guidebook
Page 47
GLOSSARY
Arbitration refers to a process to resolve a
dispute outside the courts in which the parties
to the dispute refer the case to an “arbitrator”
and agree to be bound by the arbitrator’s
decision. It is a settlement technique in which
the arbitrator reviews the case and imposes a
decision that is legally binding for both sides.
Business Supply Order means a Consultant’s
order of business supplies (including products)
offered by Thirty-One a discount to assist the
Consultant’s operation of her Thirty-One
business.
CAGS refers to Thirty-One’s Career and
Guideline Support Department. Consultants
can reach CAGS by sending an email to
[email protected] or calling (614) 4144531.
Career Path refers to Thirty-One’s basic
compensation and Paid-At Title advancement
plan. Please see the “What is the Career Path?”
section of this Consultant Guidebook for more
information.
Consultant Agreement means the Independent
Sales Consultant Application and Agreement
between a Consultant and Thirty-One. It is the
legal agreement between a Consultant and
Thirty-One and includes all of the policies and
procedures contained in this Consultant
Guidebook.
Consultant means an independent sales
consultant of Thirty-One. Consultants are
independent contractors, not employees, of
Thirty-One. Please see “Independent
Contractor Status” in the “What does it mean to
be a Thirty-One Consultant?” for more
information.
Consultant ID means the identification number
Thirty-One assigns to a Consultant when she
becomes a Consultant.
В© September 2013 Thirty-One Gifts LLC
Consultant Support is the team of dedicated
staff Thirty-One has to support Consultants in
the operation of their Thirty-One businesses.
You can contact Consultant Support by sending
an email to [email protected],
calling (614) 414-GIFT or faxing to (614) 3371154. Consultant Support’s hours of operation
are posted on ThirtyOneToday.com.
DIQ or Director in Qualification refers to a
Consultant’s standing during the first month in
which the Consultant satisfies all requirements
to promote to the Paid-At Title of Director.
Downline refers to the Consultants sponsored
by an individual Consultant and the Consultants
sponsored beneath them.
IDS or Income Disclosure Statement refers to
the document Thirty-One has created to
provide truthful, timely, and comprehensive
information about Consultants’ income. When
Consultants present or discuss the Thirty-One
opportunity or Career Path to potential recruits,
they can’t make income projections, income
claims or disclose their Thirty-One income
(including the showing of checks, copies of
checks, bank statements, or tax records) unless
they provide the potential recruits with a
current copy of the IDS. Please read “Income
Claims” under the “How does sponsoring new
Consultants work?” section of this Consultant
Guidebook for more information.
Indemnification refers to one party’s
agreement to pay for the losses another party
suffers. It’s similar to an insurance policy. For
example, if your home is damaged by an
accidental fire, the insurance company will
indemnify you (i.e., it will pay for the losses you
suffered because of the fire). This same
concept applies to our contract with you.
Mediation refers to a voluntary process in
which two or more parties involved in a dispute
work with an impartial party, the mediator, to
U.S. Consultant Guidebook
Page 48
generate their own solutions in settling their
conflict. Mediation is about finding a solution
that works for both parties, which is different
from a court case or arbitration where one
party wins and the other party loses.
Overrides means the commissions a Consultant
earns on sales made by the Consultants in her
Downline.
Paid-At Title means the rank a Consultant
achieves as she moves through Thirty-One’s
Career Path. A Consultant’s Paid-At Title
depends on her Personal Volume and the sales
volume of the Consultants in her Downline.
Please read “What is the Career Path?” for
more information.
Party Order means orders of $200 or more in
Personal Volume.
Pass-by refers to a situation when a Consultant
promotes past the level of her Sponsor. Please
read “Pass-By” under the “What is the Career
Path?” section of this Consultant Guidebook for
more information.
PEQA means Personally Enrolled, Qualified and
Active Consultants.
Personal Volume means the dollar value of the
products sold by a Consultant, less sales tax and
shipping & handling charges. Consultants don’t
receive commissions on discounted purchases
(e.g., Hostess Credit, Hostess half-price items,
Hostess Exclusive items, add-on kits, and
business supplies), sales tax and shipping &
handling fees, and these amounts don’t count
toward Personal Volume totals.
Personally Identifiable Information (or PII)
means information that can identify an
individual. It is broadly defined and includes
things like an individual’s name, postal address
(even just the zip code alone), email address,
phone number, IP address, social media user
name or identifier and similar types of
В© September 2013 Thirty-One Gifts LLC
information. There is also “sensitive” PII which
would include an individual’s Social Security or
government ID numbers; driver’s license or
state-issued identification card numbers, and
financial account numbers, credit or debit card
numbers, or checking account numbers).
Replicated Website means the website we
provide to you (www.mythirtyone.com/[your
Consultant ID]).
Retail Order means orders of less than $200 in
Personal Volume.
Roll-Up means that when a vacancy occurs in a
personal group, each Consultant in the first
level immediately below the terminated
Consultant on the date of the cancellation will
be moved to the first level of the terminated
Consultant’s Sponsor. For example, Ann
sponsors Bonnie, and Bonnie sponsors Cathy,
Chloe, and Charlotte. If Bonnie terminates her
business, then Cathy, Chloe, and Charlotte will
“Roll-Up” to Ann’s first level.
Sponsor refers to the person who enrolls an
individual as a Thirty-One Consultant (or the
person a Consultant is transferred to through a
roll-up or otherwise).
Status refers to a Consultant’s standing with
Thirty-One. There are different status levels:
Active, Qualified, Inactive, Resigned and
Terminated. Please read the section of this
Consultant Guidebook called “Are there
different status levels for Consultants?” for
more information.
Thirty-One means Thirty-One Gifts LLC, an Ohio
limited liability company.
ThirtyOneToday.com refers to the website
Thirty-One maintains for its Consultants.
Upline means to a Consultant’s Sponsor and the
Consultants sponsored above her.
U.S. Consultant Guidebook
Page 49

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