UK Policies & Procedures

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Policies and Procedures updated: 3/6/2018


Table of Contents


PURPOSE

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This document provides guidance to you, as a Jamberry Consultant, on how to run your independent business. It includes direction on how business should be conducted between yourself, other Consultants, customers, Style VIPs and Jamberry Home Office, and equips you with operational and compliance guidelines. It is a contractual document forming part of your Consultant Agreement. Jamberry reserves the right to suspend or terminate your Independent Consultant Agreement for any reason, including breach of these Policies & Procedures. Adhering to these Policies & Procedures will ultimately help protect your Jamberry business, your customers, and Jamberry.


1. CONSULTANT STATUS AND QUALIFICATIONS

1.1 BASIC QUALIFICATIONS

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To qualify as a Jamberry Consultant, you must be 18 years or older, be resident and entitled to work in the United Kingdom, and be sponsored by a current Jamberry Consultant (your “Sponsor”). If you do not have a Sponsor, you will be assigned one by Jamberry in accordance with our Leads and Assignments Policy. (See “Leads and Assignments”)

To enroll as a Jamberry Consultant, visit the Jamberry Website (http://www.jamberry.com/join/) and submit the online registration form. During this process you will be asked to purchase a standard collection of products for personal use and demonstration and printed materials for marketing and training known as the “Starter Kit.” You may not pay or commit to pay more than £200 in the first 7 days after enrolling as a Consultant. You will also tick a box indicating your acceptance of the Jamberry Independent Consultant Agreement (“Consultant Agreement”), in which you also agree to abide by the terms in these Policies & Procedures. Ticking this box is equivalent to an electronic signature and is necessary to become a Consultant.


1.2 CONSULTANT STATUS

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Once you are a Jamberry Consultant, your status determines your eligibility to receive bonuses, commissions, and rank advancements. Status levels are: In Progress, Active, Resigned, Cancelled/Deactivated, Suspended, and Terminated.

  • 1.2.1 ACTIVE
    At the beginning of each calendar month, all Consultants begin with the status of "In Progress" until they achieve 200 Qualifying Volume (QV). You will receive personal retail commissions from your personal and customer purchases. Once you reach 200 QV, you are considered Active and are eligible to receive earned commissions from sales made by the Consultants you sponsor and the Consultants they sponsor (collectively, your “Downline”), Fast Start Bonuses, matching advancement bonuses, and Generation Overrides. If you have not achieved Active status during a calendar month, you will remain as "In Progress" status. If you are "In Progress", you will not be eligible to receive any Downline commissions, bonuses, or overrides.
    • 1.2.1.1 PRO­-CONSULTANT - A Pro-Consultant is a consultant who maintains a Jamberry-issued website in their name (“Jamberry Personal Website”), and achieves 200 QV in a rolling 4-month period. As a Pro-Consultant, you may place orders and host Parties. You will have access to all areas of the Jamberry Website - including all features of Jamberry’s Consultants-only website called the “Consultant Workstation” - allowed by your Recognition Title, as defined below. You will be eligible to earn Downline commissions (i.e. Fast Start Bonus, Level Overrides, etc.)
    • 1.2.1.2 SEASONAL SELLER - A Seasonal Seller is a Consultant who does not qualify to be a Pro-Consultant and maintain a team. You become a Seasonal Seller by declining or failing to maintain a Jamberry Personal Website, or not meeting the rolling 200 QV requirement. As a Seasonal Seller, you can still earn commissions on purchases made by yourself, your retail customers and your Style VIPs. You may recruit, but any Consultants you recruit will be compressed up to the next available sponsor in your upline on the 10th of each month, if you do not achieve the Pro-Consultant requirements to maintain a team.  Therefore, you will not be eligible to earn Downline commissions (i.e. Fast Start Bonus, Level Overrides, etc.)
    • 1.2.1.3 GOOD STANDING - A Consultant in Good Standing is a Pro Consultant who is in compliance with the Consultant Agreement, these Policies and Procedures and all policies and documents incorporated herein. A Suspended Consultant is not in Good Standing. A Consultant in Good Standing is eligible to participate in contests, incentives and events.A Consultant not in Good Standing may be prohibited from participating in contests, incentives or events at Jamberry’s discretion.
  • 1.2.2 RESIGNED
    Resigned status applies to a Consultant who officially resigns from Jamberry. To resign your Consultant status, you need to provide written notice to Jamberry Home Office. (See "Resignation")
  • 1.2.3 SUSPENSION ”Suspended” status applies to Consultants who are suspended by Jamberry for any reason. Regardless of their rank, Consultants who are suspended by Jamberry will lose the ability to access their workstation and personal website, place orders and receive commissions. Any commissions held will be paid out on the next pay period after the suspension is lifted. If they are returned to Good Standing after their suspensions, they will not lose their rank for failure to reach the QV requirements (though they may lose it for other reasons).
  • 1.2.4 TERMINATION Terminated status applies to any Consultant who has officially been terminated by Jamberry due to non­-compliant behaviours and/or actions or for other reasons.




1.3 COMPENSATION PLAN

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Your Consultant commissions, bonuses, rewards, and titles are based upon the Jamberry Independent Consultant Compensation Plan (“Compensation Plan”). Please review the Compensation Plan.

1.4 TITLE

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Your Paid-­As Title and Recognition Title are determined by your monthly sales activity (as calculated at the end of each calendar month) and are primarily used for commission calculations and coaching information by Jamberry and your Upline. Jamberry also recognises different Recognition Titles at various corporate events like International Conference and Regionals. The recognition qualifications vary by event.

  • 1.4.1 PAID­-AS TITLE - You will be paid at the title for which you are qualified at the end of a Calendar month, and you must be enrolled as a Consultant on the last day of the month to receive that payment. If in any period you fail to achieve your Recognition Title level, then you will be paid at the lower title at which you qualify for that calendar month.
  • 1.4.2 RECOGNITION TITLE - Your Recognition Title is the highest title you have achieved in a rolling 4-month period. This is different from a Paid-As Title, which may vary from month to month. To keep your Recognition Title, you must be Paid-As your Recognition Title at least one month in any rolling four-month period. Otherwise, your Recognition Title will be demoted to the highest Paid-As Title you achieved during that rolling four-month period.
    For example, a Consultant who qualifies for a Recognition Title in June must be Paid-As her Recognition Title at least one month between then and October. A Consultant who qualifies for her Recognition title in July, must be Paid As that Title at least one month before November.

1.5 INDEPENDENT CONTRACTOR STATUS

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As an Independent Consultant, you are an independent contractor and not a Jamberry employee. Because of this, you are not entitled to receive any benefits from Jamberry including any salary, paid holidays, pension contributions, sickness benefits, or national insurance contributions. You are fully responsible for paying all taxes applicable to your earnings and activities as a Consultant.


1.6 ONE NAME PER AGREEMENT AND ONE CONSULTANT PER HOUSEHOLD

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There can only be one name on a Consultant Agreement. You may have people help with your business, but as the signer of the Consultant Agreement, you must be the one who organises parties and has regular customer contact. Jamberry also only permits one Consultant per household. For purposes of these Policies and Procedures, a “household” refers to a single mailing address. You may work together with people in your household under a single Consultant Agreement, but you should determine in advance who will be listed as the Consultant for purposes of commission payments and communication with Jamberry Home Office. Jamberry is only authorised to communicate about a specific account with the individual listed on the Consultant Agreement for that account.


1.7 CONTINUED PERMANENT RESIDENCE/COUNTRY TRANSFER

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In order to retain your Jamberry Independent Consultant Agreement, you must remain a permanent resident in the country where you registered. To sponsor Consultants in a country other than the one in which you reside, you must obtain a Cross Border Sponsorship Agreement. (See International Sales and Cross Border Agreement below.)

To transfer your Consultant account to another country, you must follow the series of steps listed below. Due to the difference in currency within each market, any existing rewards or credit (such as Marketing Material, Gift Codes or Fast Start Rewards) cannot be transferred and will be forfeited if not redeemed prior to the transfer. Similarly, any credit earned toward country­-specific incentives will be forfeited if a Country Transfer goes into effect before the incentive is awarded. To allow for correct payment of commissions and bonuses, the transfer, once accepted, will go into effect on the 11th of the month following the request.

Steps to take for changing your Permanent Residence:

  • Contact the Jamberry Compliance Department at compliance@jamberry.com to inform them that you will be changing your permanent residence status.
  • Close all parties and redeem all credits and rewards prior to the 11th of the following month.

Upon the next sign-­in, after the change has been made, you will be required to agree to the Consultant Agreement including the Policies and Procedures and Compensation Plan for the Market to which you are moving. An option to complete the Cross-­Border Sponsorship form will also appear. Should you choose to forego this, your existing team members from your previous country of residence will be compressed to the next available Consultant in your Upline. After you complete these steps, the Jamberry Compliance Department will ensure that you retain your team and customers.


1.8 NO EXCLUSIVE TERRITORIES

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Jamberry does not offer franchise opportunities to anyone. Jamberry will not assign you a specific territory or allow you to claim or imply that you have the exclusive right to sell in a particular territory.


1.9 NO SOLICITATION OF BUSINESS OUTSIDE TERRITORIES WHERE JAMBERRY OPERATES

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You can only sell Jamberry products in your country of residence and, if you have completed a Cross Border Sponsorship Agreement, in the other countries where Jamberry has formally announced that it operates. You may not actively solicit business from other countries and/or neighbouring territories, where Jamberry does not operate. This includes the active distribution of products, including samples, into these areas.


1.9 CONSULTANT ID

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You will be automatically assigned a Consultant ID that cannot be changed and can only be transferred in the case of a Consultant’s death and must be inherited as provided in these Policies and Procedures. (See “Transferability” and/or “Inheritance of Business”).


1.10 BUSINESS ENTITIES

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Jamberry will accept Consultant Agreements from a partnership, LLC, corporation or other entity as long as the entity is legally organised and recognised by the jurisdiction in which the entity resides. Per section 1.6, the business still must list a natural person as the representative Consultant.


2. NEW CONSULTANT DEVELOPMENT

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As a Jamberry Consultant, you may recruit and sponsor other Jamberry Consultants and build a team. If you choose to become a Sponsor to Consultants, you are responsible to provide adequate training and consistent communication. Jamberry offers a variety of tools to help you in making your training simple and effective. These tools include our JamGram monthly Consultant newsletter, Jamberry University, online training materials, and videos.


2.1 INCOME CLAIMS

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You may not make income projections or disclose your own income to potential recruits. You can use hypothetical income examples to explain the operation of the Compensation Plan that are based solely on mathematical projections to prospective Consultants, as long as any income examples are average and not unrepresentative incomes and you make it clear that the examples are hypothetical.


2.2 REMOTE SPONSORS

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If you choose to sponsor long-­distance Consultants (i.e. a Consultant in your country who does not live close to you), you are strongly encouraged to provide them with training, support, and recognition. Using notes, handouts, video, and Skype during Team meetings are effective ways to include remote Consultants in place of live, local training and/or meeting attendance. As a remote Sponsor you are encouraged to:

  • Follow the Leadership Support Guidelines below.
  • Provide all training and support via phone, email, or other effective communication methods and technologies.
  • Arrange for your remote Consultants to attend a local meeting or training session, if available.

2.3 CROSS BORDER SPONSORSHIP AGREEMENT

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After Jamberry formally announces that it has officially opened in a new country, you may apply for Cross Border Sponsorship by completing a Cross Border Sponsorship Agreement. This Agreement will allow you to recruit/build a Team and retain direct customers across international borders. To receive approval, you must complete and submit the Agreement with the associated fee to Home Office. Click HERE for the Cross Border Sponsorship Agreement. Even with a Cross Border Sponsorship Agreement in place, you are only permitted to create parties hosted by yourself or by someone in your country of residence, as determined by the address of your Jamberry Consultant account. A Cross Border Sponsorship Agreement is not necessary to establish a customer base internationally.


2.4 POACHING RECRUITS

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You are prohibited from poaching another Jamberry Consultant's recruit or recruit lead. Poaching is actively seeking out a potential Consultant in a different line of sponsorship or a prospective recruit with whom another Consultant is working. This includes the use of a spouse or relative's name or assumed names to circumvent this policy. You may not demean, discredit, or defame other Consultants in an attempt to entice a Consultant or potential Consultant to become part of your Team.


2.5 SPONSOR REASSIGNMENT

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In order to protect your rights and the rights of all Consultants who work hard to sponsor and mentor others in the business, Jamberry does not allow the transfer of a Consultant from one Sponsor to another, except under certain situations. As a general rule, you are responsible for your own success as a Consultant. Additionally, the Jamberry organisation is structured to give you access to multiple layers of support from your Upline, making a difficult or less responsive Sponsor a less significant hurdle to your progress.

You may change your Sponsor within the first 24 hours after first entering into your Consultant Agreement, for any reason. To do this, you will need to contact Support within the first 24 hours, via phone or Customer Support ticket. Within the first 24 hours all Sponsor reassignment requests will be granted automatically. After the first 24 hours, you will have four additional days to request a Sponsor reassignment. After the request is made, the Jamberry Compliance Department will seek permission from your current Sponsor and intended Sponsor. If permission is given by both parties, the reassignment will be granted.

A Sponsor reassignment will also happen if your Sponsor becomes a Style VIP or resigns. If this occurs, your Sponsor's Team (including yourself) will immediately compress up to the next available Consultant in your Upline.

Apart from the above scenarios, sponsorship reassignment  will be permitted only at Jamberry’s discretion and, in general, will only be granted under the following circumstances:

  • When you or your Sponsor has a legally binding restraining order against the other

  • When a police report has been filed involving threats of violence by one against the other

  • When any similarly binding legal document from a court, or law enforcement agency would suggest no contact should occur between your and your Sponsor


2.6 COMPRESSION

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Compression occurs when you sponsor a Team and your status changes to Cancelled, Resigned, or Terminated. If this occurs, every Consultant in your Downline will be compressed up to the next Consultant in your Upline who has a full functioning Jamberry Personal Website.

Compression will also take place each month, if you do not meet the Pro-Consultant requirements of maintaining a Jamberry Website and achieving 200 QV in a rolling 4 month period.

  • 2.6.1 (Executive and Higher) - The Downline of a terminated or deactivated Consultant who had a Recognition Title of Executive or higher will only compress up to a Consultant with a Recognition Title of Team Manager or higher. The Sponsor of the terminated or deactivated Consultant will be given 4 months to achieve the required Recognition Title and have her Downline restored. Until the Sponsor achieves the required Recognition Title, her Downline’s activity will contribute to the Sponsor to whom it compressed.


2.7 REACTIVATION POLICY

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If you resign as a Consultant, you may reactivate your account, at any time, under the same sponsor you had at the time of your resignation. You will not be eligible to participate in the Fast Start program again, nor will your previous downline be restored to you.

Should you resign and wish to sign up under a different sponsor you may not sign up for six months from the date of deactivation. When you complete the minimum wait period, you can repurchase a new Starter Kit and begin as a new Consultant without your former Downline and title. As a new consultant, you would be eligible to participate in the Fast Start Program.

If you meet these requirements and wish to reactivate, you must contact Jamberry Support at support@jamberry.com.


2.8 LEADERSHIP SUPPORT GUIDELINES

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As a Jamberry Sponsor, you are encouraged to:

  • Exemplify the cornerstone of Jamberry leadership by maintaining an active and consistent Party schedule.
  • Actively engage in goal setting and mentoring with new Consultants.
  • Offer training to new Consultants by phone or in person within one week of them signing up to be a Jamberry Consultant. As a Sponsor, you should offer several reasonable time slots and be prepared for the training.
  • Allow any new Consultant in your Downline to attend a Home Party that you are leading or that someone else on your Team is leading within 45 days of the new Consultant's activation. Your Consultants who live 50 miles or more away from you should be supported by phone.
  • Return phone calls or emails within three business days unless you pre­-notify your Downline of times when you will be unavailable.
  • Attend planned meetings and trainings unless you call in advance to reschedule or cancel.
  • Communicate with your Downline monthly by email, phone, or in­-person meetings to check in with your Downline on business goals and progress.
  • If you are a Lead Executive and above, hold an in-­person Area Meeting once per quarter that is open to all Consultants within the area regardless of Downline genealogy.
  • Disseminate information from Jamberry to your Downline in a timely manner.

2.9 TEAM MANAGER LEVEL RESPONSIBILITIES

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When you achieve the Team Manager pay level you may be asked to sign an Addendum to the Consultant Agreement setting out the additional leadership requirements that come with that rank.

If you are asked to sign such an Addendum, you will need to submit the signed Addendum to Jamberry within 15 days in order for the change in payment to occur in the next month. In addition to commissions on your sales and the sales of your Downline, as a Team Manager, you will be eligible to receive additional payments in the form of generational overrides and bonuses; please consult the Compensation Plan for details. If you are asked to sign the Addendum and do not sign it, you will not be eligible for these additional payments. If you do not sign the Addendum at the time of promotion, you can choose to sign it at any time in the future, provided you allow 30 days advance notice for the change in payment to occur. You can opt out of the Team Manager's Addendum by sending an email to Jamberry. Please allow up to 30 days to process the request. Your signed Addendum or notification that you have opted out of the Addendum must be sent to Leader Support, leaders@jamberry.com.


2.10 COMMISSIONS POLICY AND PAYOUT TIMELINES

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Consultant commissions, bonuses, rewards, and titles are based upon the Compensation Plan, which can be found at http://www.jamberry.com/uk/en/compensation­-plan/


2.11 ACCOUNT HOLDS

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Jamberry may place a Consultant's account on hold for money owed to Jamberry. You may be prohibited from placing orders, receiving all or a portion of your commissions, registering for Conferences or other corporate events, or obtaining other Consultant benefits until the account is current; or, if you are in a re-qualification period, until the re-qualification period has expired.


2.12 LEAVE OF ABSENCE

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In certain circumstances, Jamberry may agree to allow you, as a matter of contract, to suspend your qualification requirements for your pay level due to maternity or personal leave issues, for up to three months in a 12­-month period. You may elect to take a leave of absence once every 12 months. To request a leave of absence for your pay level, please notify Jamberry by emailing uksupport@jamberry.com.

If you have earned the rank of Premier Consultant or below for two of the three months prior to electing a leave of absence, your account will be placed on hold during the leave period. You will not be required to meet the Qualifying Volume (QV) requirements to stay Active or to maintain your Team. However, you will be unable to access your account, place orders, or receive any form of commissions during the leave period. If you have earned the rank of Team Manager or above for two of the three months prior to electing a leave of absence, your account will not be placed on hold; instead, you will have access to the Consultant Workstation and your Personal Website during the leave of absence. You will be able to receive and submit retail orders to Jamberry via your Personal Website and be paid on personal retail commissions only. You will not be required to maintain the QV requirements needed to remain Active or to maintain a Team. Jamberry reserves the right to review requests for leaves of absence on a case­-by­-case basis to ensure that the leave of absence policy is not abused.


3. ANNUAL RENEWAL OF CONSULTANT AGREEMENT

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The term of the Consultant Agreement is one (1) year. It will automatically renew for additional one­-year periods, provided you are current on any payments owed to Jamberry and in good standing under the Consultant Agreement and these Policies and Procedures (see “Cancellation” above).


3.1 PERSONAL WEBSITE ANNUAL/QUARTERLY/MONTHLY RENEWAL

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When you enter into your Consultant Agreement, you are given access to the Consultant Workstation and the ability to create a Jamberry Personal Website. The cost of creating the website and hosting it for three calendar months after your join month (“Initial Website Period”) is included with your purchase of the Starter Kit. If you choose to continue maintaining a Jamberry Personal Website after your Initial Website Period, you may select a payment plan for your website maintenance fee at any time between the 8 the day after activation of your Independent Consultant Agreement and the expiry of the Initial Website Period. Jamberry will begin to bill you on the first day of your fourth full month as a Consultant, and the Jamberry Personal Website fee will be automatically charged without further notice. As noted above, your website maintenance fees must be current to qualify for the benefits of being a Pro­-Consultant.

You will receive your Jamberry Personal Website at no charge if you have a Recognition Title of Executive or higher. However, no refunds will be offered if you achieve the rank of Executive or higher during any period in which you have already paid for the Jamberry Personal Website (whether monthly, quarterly, or annually). Refunds for the Jamberry Personal Website will be provided according to Jamberry’s Buy-­Back Policy (see “Buy-­Back Policy” below).



4. EXCLUSIVE PROMOTION OF PRODUCTS

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Because you are an independent contractor, Jamberry does not restrict you from participating in sales activities of other businesses. However, you must not promote other business ventures at Jamberry Parties or to your Jamberry customers.


4.1 EXCLUSIVE PROMOTION OF PRODUCTS AS AN EXECUTIVE

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Should you advance to the Recognition Title of Executive or above, active or public participation in any other direct-­selling venture will no longer be permitted. Once you achieve the Executive Recognition Title for the first time, you will have three months to wind down your active participation in other direct selling ventures. After the three-­month transition period, Executives will no longer be permitted to actively recruit for, or market any other direct sales company. This restriction does not prohibit you from belonging to or purchasing products from such direct sales company. If you breach this policy, you may lose certain benefits and overrides to which you are eligible as an Executive for a period of time. This policy is to ensure you have the time commitment available to actively support and train your team. Please review the Compensation Plan for a complete list of Recognition Titles.


5. TRANSFERABILITY

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In general, you may not sell your Jamberry business or assign or transfer your Consultant Agreement to another person or entity. Jamberry reserves the right to assign or novate your Consultant Agreement at any time, and your continued participation in Jamberry's trading scheme after notice of any such assignment or novation constitutes your consent to and acceptance of that assignment or novation.

On a case-­by­-case basis, Jamberry may allow a one­-time transfer of your Jamberry business to a legal entity owned by you. (See “Business Entities” and/or “Inheritance of Business”)


6. DEATH/INHERITANCE OF BUSINESS

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When an independent Jamberry Consultant dies, her/his business may be inherited by a single person or other entity provided a single person is authorised to sign a Consultant agreement or where the Consultant is an entity to act as the representative of that Consultant (See section 1.6). This can be done through a valid will or other appropriate document, or in accordance with the inheritance laws applicable to your estate. If you inherit an Independent Jamberry Business, you must provide proper documentation to Jamberry within 90 days of the Consultant’s death. Documentation should include proof of death (i.e., a copy of a death certificate, funeral program, or published obituary) and proof that you are the beneficiary (i.e., letter from an executor of the estate). You must also complete a new Consultant Agreement, fulfill all of the functions of a Consultant, and abide by Jamberry’s Policies & Procedures.

If Jamberry does not receive the necessary documentation within 90 days of death ­ or if we receive notice that the inheritance of the business is legally contested ­ we may terminate the late Consultant’s account. In such case, the late Consultant’s organisation will roll up to the next applicable Upline Sponsor.


7. ETHICAL CONDUCT

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As a Consultant, you agree to conduct your business with the highest standards of honesty and integrity. You agree to refrain from making negative, disparaging, untrue, or misleading comments about Jamberry, its owners, directors, officers, associates, other Consultants, or any other direct­-selling company or such company's products. You also agree not to engage in any activities that may cause harm – including harm to the name, reputation or goodwill – of Jamberry or any other Consultant.


8. LEGAL COMPLIANCE

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As a Consultant, you must comply with all laws applicable to the operations of your business. You are responsible for your own managerial decisions and expenditures, including estimating income taxes and any other taxes applicable to your self­-employed status. We recommend that you keep track of all your business expenses and speak with your accountant about how your business expenses might affect your income tax return.


9. TERMINATION OF CONSULTANT AGREEMENT

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The following terms are used to describe a termination of your Consultant Agreement:


9.1 RESIGNATION

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You may voluntarily terminate your Consultant Agreement at any time and for any reason by submitting a support ticket or email to support@jamberry.com notifying the company of your resignation. Your resignation will take effect immediately. You will be paid Retail Commissions you have earned based on your personal sales as of your resignation date. You will not be entitled to any Rank Advancement Bonuses, Generation Overrides, or other payments that are determined as of the end of the calendar month in which you resign. Please notify your Upline Consultant and any Downline Consultants of your resignation.


9.2 CANCELLATION

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Cancellation means you lose Consultant status and all Consultant benefits including product discounts, credit, Jamberry mailings, eligibility for Consultant contests, events, and incentives. You also lose all Downline Consultants and Downline commissions. All cancelled Consultants' Downlines will compress to the next qualified upline Consultant, in accordance with our Compression Policy in the Compensation Plan, during the following calendar month. Your Account may be cancelled:

1. As a result of resignation.

2. At the conclusion of your initial term or any renewal term without notice.

3. At death or retirement. (see "Death/Inheritance of Business")

4. At the immediate relocation and change of your permanent residence outside of the country where you signed the Consultant Agreement.

5. If as a Seasonal Seller or Pro-Consultant, you have 0 QV in a rolling 4-month period. In this case, your account will be converted to SVIP.

Jamberry will notify you by email regarding the cancellation using the most recent email address Jamberry has on file for you. If you are cancelled due to any of the examples noted above, you have the option to reapply to be a Consultant six months after cancellation. 


9.3 HOME OFFICE TERMINATION

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Jamberry can terminate your Consultant Account for any reason including for breach of the Agreements including these Policies and Procedures or for a failure to achieve 200 QV in any rolling 4­-month period.

Jamberry will notify you by email of the Home Office termination at the most recent email address we have on file for you. It is your responsibility to maintain current contact information on your company-­provided Jamberry Consultant Account. If the Jamberry Home Office terminates your Consultant Account for reasons other than failure to achieve 200 QV, you may not reapply. In a case of termination for not achieving 200 QV in any rolling 4­-month period, you must wait six months to reapply.


9.4 EFFECT OF TERMINATION

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Termination of your Consultant Account is effective immediately on the date of resignation, deactivation, or termination. If you are in breach of the Consultant Agreement at termination, you will not be entitled to receive any further bonuses or commissions unless and until the breach is cured to Jamberry’s satisfaction, whether or not the sales for such bonuses or commissions have been completed. Upon termination of your Consultant Account, your Team will compress as per the compression policy explained above. In addition, you will lose any gift certificates, Product Credits, and Marketing Material Credits that you have earned. You will receive legitimately earned commissions only for the last full payment period you were Active prior to termination. Termination means you lose Consultant status and all Consultant benefits including product discounts, credit, Jamberry mailings, eligibility for Consultant contests, events, and incentives.

After termination, you are no longer authorised to:

  • Offer or arrange sales of Jamberry products or services.
  • Present yourself as a Jamberry Consultant.
  • Use Jamberry’s logo, trademarks, name, images, photographs, designs, marketing materials or training materials or any other intellectual property created or owned by Jamberry.
  • Use Jamberry’s trade secrets, proprietary information or Confidential Information as defined below.
  • Sell Jamberry products, offer Jamberry Products for sale or hold any party vendor event or trade show featuring Jamberry products.

If requested by Jamberry, you will return all Confidential Information to Jamberry. You may return unsold Jamberry products according to the Buy­-Back Policy below.

If the Agreements are terminated for any reason, Consultant will have the right to be released from all future contractual liabilities towards Jamberry in relation to this trading scheme, except:

  1. liabilities relating to payments made to the Consultant under contracts which the Consultant has made as agent for Jamberry (if any); and
  2. any liability to pay the price of products or services already supplied to the Consultant by Jamberry where the Consultant has not returned such products to Jamberry in accordance with section 9.5; and
  3. any provisions of this Agreement which relate to competition with the business of Jamberry after termination of this Agreement and which shall remain in force after the date of termination.

On termination of this Agreement for whatever reason the Consultant shall be entitled to retain any commission paid to the Consultant in accordance with this Agreement unless:

  1. the commission was paid in respect of products returned to Jamberry (or products returned to another distributor who paid the commission);
  2. Jamberry has refunded any monies due to the Consultant in accordance with section 9.5; and
  3. repayment of the commission is claimed within 120 days of the date of having been made, in which case the Consultant shall repay such commission to Jamberry forthwith on demand or Jamberry may set­-off the amount of such commission against any other amounts due from it to the Consultant.

9.5 BUY­-BACK POLICY

9.5.1 TERMINATION BY CONSULTANT WITHIN FIRST 14 DAYS

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  1. The Consultant may cancel the Consultant Agreement without penalty within 14 days of entering into it by giving written notice of cancellation to Jamberry at uksupport@Jamberry.com, by phone to 0808 101 6101 or by post to Jamberry Nails UK Ltd, England 9963950 Two Snowhill, Birmingham B4 6WR UK and:
    1. the Consultant may require Jamberry to repay the Consultant within 14 days any monies which the Consultant has paid to or for the benefit of Jamberry or any of its other Consultants in connection with the Consultant's participation in this trading scheme or paid to any other Consultant in accordance with the provisions of this trading scheme; and
    2. the Consultant may return to Jamberry – to our logistics facility in the Netherlands HAVENWEG 16 6006 SM WEERT, NL ­­any product which the Consultant has purchased under the trading scheme within 21 days of the date of cancellation and which remain unsold, provided that such unsold product remains in the condition it was in at the time of purchase, whether or not their external wrappings have been broken, and may recover any monies paid in respect of such product (please call or email using the information above for specific instructions); and
    3. the Consultant may cancel any services which the Consultant has ordered under the trading scheme within such 14 day period and may recover any monies paid in respect of such services, provided that such services have not yet been supplied to the Consultant.
  2. In order to recover any monies paid in accordance with section 9.5.1(1)(a) or (c) above the Consultant must give notice to Jamberry requesting the repayment of such monies (and if applicable, returning the Starter Kit and any other promotional or training materials purchased by him/her) to Jamberry's address referred to in section 9.5.1 within 21 days of the date of cancellation and Jamberry shall repay such monies as the Consultant may be legally entitled to recover within 21 days of the date of cancellation.
  3. In order to recover monies paid for product under section 9.5.1(1)(b) above, the Consultant must deliver the product to Jamberry within 21 days of the date of cancellation to the address referred to in section 9.5.1. The monies paid in respect of the product is payable to the Consultant on delivery of the product or forthwith if the product has not yet been delivered to the Consultant.

9.5.2 TERMINATION BY CONSULTANT AFTER FIRST 14 DAYS

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The Consultant may terminate the Consultant Agreement at any time without penalty by giving 14 days written notice of termination to Jamberry at its email or post address referred to in section 9.5.1. If the Consultant gives notice to terminate this Agreement more than 14 days after the Consultant entered into the Agreement, the Consultant may return to Jamberry any products (including training and promotional materials, business manuals and kits) which the Consultant has purchased under the scheme within 90 days prior to such termination and which remain unsold and Jamberry will pay the Consultant the price (inclusive of VAT) which the Consultant paid for the products less, where the condition of any such products has deteriorated due to an act or default on the part of the Consultant, an amount equal to the diminution in their value resulting from such deterioration and a reasonable handling charge (which may include the cost of repackaging returned products for resale). The Consultant shall bear the cost of such delivery.


9.5.3 TERMINATION BY JAMBERRY

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Jamberry may terminate the Consultant Agreement at any time by giving written notice to the Consultant. If Jamberry terminates this Agreement the Consultant may return to Jamberry any products which the Consultant has purchased under the scheme within 90 days prior to such termination and which remain unsold for a full refund of the price (inclusive of VAT) which the Consultant has paid for them together with any costs incurred by the Consultant for returning the products to Jamberry. Jamberry shall bear the cost of such delivery.


9.5.4 ONE YEAR BUY­-BACK POLICY

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In the event that either party terminates the Consultant Agreement the Consultant may return to Jamberry any products (including training and promotional materials, business manuals and kits) which the Consultant has purchased under the scheme more than 90 days but within one year prior to such termination and which remain unsold for 90% of the price (inclusive of VAT) which the Consultant has paid for them, less an amount equal to:

  1. any commissions, bonuses or other benefits (in cash or in kind) received by the Consultant in respect of those products;
  2. any amount due from the Consultant to Jamberry on any account; and
  3. a reasonable handling charge (which may include the cost of repackaging returned products for resale),

and provided that

  1. such products have not been purchased or acquired by the Consultant in breach of this Agreement;
  2. the Consultant returns such products to Jamberry in an unused, commercially resalable condition not more than 14 days after the date of termination; and
  3. Jamberry did not clearly inform the Consultant prior to the purchase that the products were seasonal, discontinued or special promotion products which were not to be subject to the buy-back provisions of this section. NOTE: For purposes of this one year buy-­back policy, discontinued wraps are not in resalable condition.

10. LEADS AND ASSIGNMENTS

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The Leads and Assignments Policy has been designed to provide prospective customers and Consultants with the best possible local experience.

  • A “Lead” means a request made by a customer for more information about Jamberry, interest in hosting a Party, or learning more about the opportunity to become a Consultant.
  • An “Assignment” means a new Consultant who signed the Consultant Agreement but did not indicate a sponsor.

Jamberry will give Leads and Assignments at its sole discretion. To receive Leads and/or Assignments, Consultants must have a functioning Jamberry Personal Website and follow the Leadership Support Guidelines.

Leads and Assignments usually come from Consultant and customer applicants who visit the Jamberry Website. While on the Jamberry Website, visitors can select a Consultant in their local area, for whom to host a Party or from whom to purchase products. Any time a potential customer or SVIP searches for a consultant, the search generates lists of consultants who were Active in the previous month. Any time a Consultant signs up, the search generates lists of consultants who were both active and have a rank of Lead Consultant or higher.

There are 5 places you see the Consultant search feature:

1. Consultant Sign up (Join Process)

2. Shopping Cart Checkout

3. StyleBox Checkout

4. “Host a Party” Request

5. “Find a Consultant” Request

Consultants should build their businesses using their own social networks and should not depend on Leads or Assignments from Jamberry.


11. MARKETING GUIDELINES

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Jamberry encourages you to advertise your Jamberry Personal Website in online blogs, social media sites, and other commercial websites as much as possible to drive online sales. Your own marketing efforts should coordinate with Jamberry’s corporate marketing and public relations efforts so that your business grows alongside Jamberry’s. You may not create search engine marketing campaigns (this includes Google AdWords) to advertise or market your Jamberry business.

To protect the Jamberry brand for all Consultants, we have specific rules for your marketing efforts which are found under the “Resources and Training” tab and “Document” Sub-­Tab . They are the “Branding and Logo Usage Guidelines” and the “Promotional Product Guidelines”. You can find additional guidelines for social media marketing in the Jamberry Independent Consultant Start-up Guide (the “Start­-Up Guide”) The Branding and Logo Usage Guidelines, the Promotional Product Guidelines, and the Start-­Up Guide all form part of and by this reference are all incorporated into these Policies and Procedures.


11.1 BRAND COMPLIANCE

Click here for the rules and guidelines regarding Jamberry's Brand Collaborations. 


12. TAXES

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As a Jamberry Consultant, you are an independent contractor of Jamberry and not an employee. In reporting your income from Jamberry for your income tax return, you are self­-employed.

We recommend that you talk with your own tax advisor or accountant about your obligations for reporting and payment of any tax as a Jamberry Consultant. We also recommend that you keep accurate records of your income and expenses from your Jamberry business, including your driving expenses and mileage.


13. INSURANCE

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As an independent contractor, you are responsible for providing general liability insurance coverage for your business. We recommend contacting an insurance broker to discuss your business’s insurance needs.

Jamberry has a comprehensive liability insurance policy that covers product liability claims against us, and we agree to provide Additional Insured coverage under our Product Liability coverage to you as our vendor. If you have a request to provide proof of our/your product liability insurance, please email support@jamberry.com at least 30 days prior to your event. In the email, provide the specific details of the insurance information required.


14. INFORMATION SHARING

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As a Consultant, you may come in contact with non­-public information pertaining to Jamberry that Jamberry requires you to keep confidential. (“Confidential Information”). Jamberry’s Confidential Information includes lists of Consultants, Downlines, and Uplines; Jamberry-­generated customer lists, customer profile data, credit data, manufacturing procedures, product development information, product purchase information; all unreleased news, information or product announcements (including any unreleased information disclosed by a Jamberry employee); and all operating, financial, and planned marketing materials, and all other information created by and for Jamberry that is not provided by Jamberry to the public. Any Confidential Information given to you must be used solely to further your work as a Jamberry Consultant and must not be disclosed to any third party or posted on any blogs, personal websites, chat rooms, email, tradesies group, personal communication, newsletters, phone conversations, and so forth.

Please be aware that all training suites (including PowerJam) are creations of Jamberry and are licensed ONLY in connection with training of Jamberry Consultants. All other use, reproduction and derivative works of the training and/or training materials is strictly prohibited.


14.1 SHARING NEW PRODUCTS/CATALOGUES/INFORMATION

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Jamberry encourages you to share information and promote our products in person and online. When sharing information, we ask that you follow these guidelines:

  • Unless otherwise told, you may share and show in person or online, any new products, policies, publications, information, and more that you learn about or receive at official Jamberry trainings or events. Jamberry recommends you use judgment in how you share new information and products with customers, especially before products can be purchased. Showing products always builds excitement and if customers cannot immediately purchase, that excitement may be gone when the products are available for purchase. Jamberry encourages you to focus on current products to generate sales. If you choose to show new products early, you should make sure to also spend time promoting items that your customers can buy right away such as all current catalogue items, Going, Going, Gone, or limited seasonal products.
  • You may not post Jamberry catalogues online until they have been released to the public. This includes individual pages or portions of a page of the catalogue.
  • You may not share any Jamberry­-created documents and publications including these Policies & Procedures, the Start-­Up Guide, Host or Join brochure, Marketing Guidelines, etc., in their entirety or in part outside of your Team training websites. You are allowed to share highlights of this information, but we encourage you to refrain from posting detailed information on the Internet. Rather, such information should be reserved for one-­on­-one discussions with interested parties.

For purposes of this Information Policy, “released” information is information that has been officially disclosed on the Consultant Dashboard (excluding any Jamberry­-created documents intended for Consultants only as noted above), Newsfeed, Corporate Social Media Accounts (excluding Independent Leaders of Jamberry and other accounts controlled by Consultants) or publicly disclosed by a Jamberry employee as part of the content of an official event or training without instructions not to disclose. “Unreleased” information is all information disclosed in any other way.


15. ADVERTISING, PRESS, TRADEMARK AND PUBLIC IMAGE PROTECTION

15.1 REPACKAGING OR RE­LABELLING

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You must market all products only in their original, unaltered packaging. Selling half sheets of nail wraps is strictly prohibited and will void the warranty.


15.2 TRAINING MATERIALS

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You may not produce, use, publish, distribute, or sell DVDs, MP3s, or other training materials or content bearing Jamberry’s brand or name. If you have suggestions for training material, please submit your ideas to the Jamberry Home Office by emailing uksupport@jamberry.com.


15.3 LIMITATIONS ON JAMBERRY’S PRODUCT GUARANTEE

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Jamberry does not provide any warranty for and does not guarantee or in any way accept responsible for products that are:

  • Purchased from sources other than Jamberry.
  • Not officially part of the Jamberry product line.
  • Imprinted with the Jamberry trademark by sources other than Jamberry.
  • Used or applied in a manner inconsistent with the stated intent or instructions of Jamberry.

For more information, please see Jamberry’s Return policy.


15.4 TRADEMARKS

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Jamberry will provide copies of its logo for you to download and use as directed in the Branding and Logo Usage Guidelines. When displaying the Jamberry logo, it must not be altered in any manner or form. Use of the Jamberry name or other Jamberry trademarks must be in accordance with the Branding and Logo Usage Guidelines as well.

You may not duplicate the Jamberry trademark for private use or with the intention of using it in any way in connection with the marketing or sale of non­Jamberry products to others.


15.5 ADVERTISING AND PRESS

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If you advertise, you must make sure your advertisement complies with these Policies and Procedures and the branding documents linked to above. You must also make sure it is accurate, professional, and not misleading in any way. You must always list your Jamberry Personal Website address and use only official Jamberry logos and images. If you list contact information, you must identify yourself as an Independent Consultant so that there will be no confusion that you are representing your own business and not Jamberry. You may advertise sponsoring opportunity events, Parties, or any other Jamberry events you choose. If you run ads that feature specific products, it must be at their full retail price or with promotions that originate with the Jamberry Home Office. (See also “Blanket Discounts”)


15.6 PRESS CONTACTS AND LEADS

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Jamberry Home Office and our public relations firms are the primary points of contact with any and all journalists, top­-tier bloggers (see “Approved Ways to Work with Bloggers”), editors, celebrities, and large-­scale fashion and beauty influencers on behalf of Jamberry. If you wish to contact any of the aforementioned press or media entities, even if they are local, you need to contact the Home Office Marketing Department first. Jamberry may already be working with them, and if we are not, then we can work with you to further your goal in working with them while ensuring you are compliant with our Policies & Procedures regarding these relations. Please direct any and all questions and media inquiries pr@jamberry.com.


15.7 APPROVED WAYS TO WORK WITH BLOGGERS

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Bloggers with less than 5,000 followers:

You are welcome to work with any blogger who has a following of less than 5,000 people, so long as you clearly identify yourself as a Jamberry Independent Consultant and an independent contractor. It must be clear that you are not speaking on behalf of Jamberry.

Bloggers with more than 5,000 followers:

There are 3 different ways you can work with a blogger who has more than 5,000 followers.

  • Connect them with Jamberry Home Office or our Public Relations firms who handle all press and media. All web links must point to www.jamberry.com/uk or relevant perspective URL based on market. Jamberry will provide samples in specific situations.
  • Have the blogger host a party. If you have a Host who is also a blogger, they are welcome to talk about their party on their blog. They can link to their party on all of their party related posts. Any posts made AFTER the party can mention you by name but should ultimately point out to their followers that they can work with you OR they can find a Consultant who lives in the same area as they do. No samples will be provided by Jamberry.
  • Recruit the blogger to be on your Team. If you have a blogger with a large following join your Team, then they are welcome to post on their blog and link to their personal URL as much as they would like. No samples will be provided by Jamberry.

15.8 MEDIA PROMOTIONS

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The Jamberry Home Office initiates all television, radio, Internet, newspaper, newsletter, and magazine interviews, features, and paid advertisements. As a Consultant, you may not initiate, authorise, or implement national regional or local media publicity with a readership/viewership of more than 5,000 unless you first coordinate with Jamberry Home office by contacting pr@jamberry.com.

Whether the media outlet pursues you or vice versa, you must inform Jamberry before the interview is conducted. Contact the Home Office Marketing Department immediately and refer the reporter/writer to the Jamberry Website for contact information. If you are approached by a member of the national media about contributing to a story, you must refer her/him to Jamberry Home Office. Contact uksupport@jamberry.com.

Any personal contact information you give in response to a media inquiry should also include the Jamberry website, www.jamberry.com. Jamberry must approve proposals for regional or national media promotions in advance. You will find high­-resolution logos and advertising guidelines on the Consultant Workstation.


15.9 PHONE LISTING POLICY

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You may list a business phone number in the following manner:

Name, Recognition Title with Jamberry
Independent Consultant
Address
Phone Number


15.10 BANK AND CARD ACCOUNTS

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You are not authorized to open bank accounts or apply for credit, including any credit card, in the name of Jamberry Nails, LLC or imply that we are signers or co­-signers on the account or application. You may not use the name “Jamberry” unless the account or credit application is in the name of “(your name)” Jamberry Independent Consultant.”


15.11 USE AND DEVELOPMENT OF ONLINE APPLICATIONS FOR JAMBERRY

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You may develop Applications, or Apps, that access certain Jamberry data if all such data is maintained in a confidential manner. All data accessed through the Jamberry Website is Jamberry's confidential and proprietary information and should not be shared, sold, or used for marketing purposes. This information should only be accessible by you when you are logged into the Application and should not be accessed or stored in any format by the Application itself. Non­-authorised Jamberry Applications cannot display any Jamberry logo and must provide a disclaimer indicating that the Application is not sponsored, endorsed, or otherwise authorized by Jamberry.

You are allowed to promote your business with an Application (or 'App') with the following guidelines.

  • You must include "Jamberry Independent Consultant" within the title of the App and the description.
  • The App design must follow the Jamberry Logo Usage and Branding Guidelines and the Promotional Product Guidelines. In no way can your App appear to be an official Jamberry App.
  • If your App has the ability for customers to purchase items, it must link back to your Jamberry Personal Website for all purchases.
  • You are not allowed to charge for the App download; it must be a free App.

15.12 PROHIBITED REMUNERATION

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Except for what is outlined in the Compensation Plan, you may not receive remuneration or any financial benefit for any activities involving your Downline or your access to Jamberry Consultants. This means you are not allowed to receive any remuneration or financial benefit in relation to any referral fee, marketing fee, kickback, or from enrollment in any pay­-per-­click web affiliate program through which you receive any remuneration or financial benefit for assisting third­-party vendors in contacting your Downline or other Jamberry Consultants. You are not allowed to participate in raffles or charitable contributions in which you keep any portion of the proceeds.


15.13 SOCIAL NETWORKING PAGES ON FACEBOOK AND MORE

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Any social network presence you create for your Jamberry business, including a fan page on Facebook or other social networking site, must comply with the Compliance Document and must make clear that it is created by an Independent Consultant and not the Jamberry Home Office.


15.14 SOLICITATION OF BUSINESS ON FACEBOOK, CONSULTANT FACEBOOK GROUP, TWITTER, OR OTHER SITES

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You may not use the Jamberry Official Facebook Fan Page or Consultant Facebook Groups to solicit business, drive people to your Jamberry Personal Website, or sign up team members. You can find an additional list of rules for the Consultant Facebook Group on the Consultant Facebook Groups Home Page and the Start-­Up Guide.


15.15 SALES THROUGH AUCTION SITES OR OTHER INTERNET SITES

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You may not sell Jamberry products on any website other than your Jamberry Personal Website. This includes sites such as eBay, craigslist, Amazon, Groupon, etc. You may not display product images on other websites with the intent to sell.

You may not sell Jamberry products (including business supplies) through any online auction service or any other website. Nor may you advertise your business or the business opportunity through online auction services.


15.16 MARKETING THROUGH PERSONAL BLOGS AND OTHER SITES

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If you maintain a blog, email, newsletter, or website outside of the Jamberry Personal Website, you may not market, sell, or promote any other products or any other direct sales companies alongside Jamberry products or the Jamberry business opportunity.


15.17 ONLINE AFFILIATES

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Jamberry’s marketing effort may include the use of affiliate websites, which are compensated for each new customer or Consultant brought to Jamberry. As a Consultant, you cannot also be an affiliate; you are only allowed to earn commissions through the Compensation Plan. Jamberry may also collaborate with other brands or websites to create occasional co-­branded promotions or giveaways.

Please do not use Jamberry Home Office sponsored promotions as a way to direct traffic to your Jamberry Personal Website. For instance, if there is a contest where a website asks users to submit comments related to the promotion, please do not use the comments as a way to promote your Jamberry Personal Website. All Leads acquired from this promotion will be distributed through our normal Leads and Assignments Policy. (See “Leads and Assignments”)


15.18 SOCIAL MEDIA TAGS

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When you post social media content and tag Jamberry or use Jamberry affiliated hashtags, you are authorizing HOme Office to repost or reuse the content in any capacity.


16. PURCHASE AND SALE OF PRODUCTS

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What is an affiliate program?

Jamberry is a direct-­to­-consumer business. Your success with customers depends on your personal relationships with them. In direct sales, the consumer may try before buying and will benefit from receiving proper individual instruction in product usage, both before and after the sale. Because of this, Jamberry's policies regarding sales are intended to steer you away from the pursuit of the one-­time only, impulse sale, toward long­-term, relationship­-based sales. We encourage you to conduct in-­person demonstrations, physically or online, for individual customers or groups.


16.1 SALES PRESENTATIONS

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At sales presentations, you will truthfully represent Jamberry, yourself, and the products. You may not use any misleading, deceptive, or unfair sales practices. You must explain and demonstrate the products we offer accurately and completely, including but not limited to, price, terms of payment, refund rights, guarantees, and after-­sales service and delivery. Personal or telephone contact must be made in a reasonable manner and during reasonable hours to avoid intrusiveness. You should immediately discontinue a sales presentation upon request of your customer. Also, refrain from using comparisons that are likely to mislead and be incompatible with the principles of fair competition.


16.2 BLANKET DISCOUNTS

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You are prohibited from offering a blanket discount at Parties, through your Personal Website or other marketing channels, including Facebook. The following are examples of blanket discounts: "25% off everything at my Party" or “place an online order with me and I will rebate you 15%." Any other permutation of an offer that serves to undercut the retail price of Jamberry is prohibited.

You are prohibited from offering any discount on the Starter Kit, or incentive to get a new Consultant to enroll under you. The Jamberry Independent Consultant Agreement must be between Jamberry and the Independent Consultant without modification.

You may offer specific, time limited, occasional incentives such as "book a Party tonight and get £25 off your order," or "spend over £100 and receive free shipping," so long as your promotions (including free shipping):

  • Are offered to a limited group of customers, such as members of a club, or a specific group of individuals, but not, for example, an open invite to anyone who can view your Facebook profile
  • Run for no more than three days.
  • Occur no more than once per quarter.

We expect you to use your conservative discretion when interpreting the terms of this policy.


16.3 BONUS BUYING

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The success of Jamberry depends on retail sales to the end consumer. You can conduct a healthy business with no product inventory other than your samples. While Jamberry recognises that you may wish to purchase certain products for your own use, or in some cases, for "instant delivery" to customers in need of last­-minute gifts, it strictly prohibits the purchase of products in unreasonable amounts and prohibits the purchase of products only or primarily to qualify for compensation levels or incentive programs. This is one of the unethical practices that we refer to as "Bonus Buying" and is strictly prohibited.

Bonus Buying includes:

  • Enrolling individuals without their knowledge and/or execution of a Jamberry Independent Consultant Agreement on behalf of others without their knowledge.
  • Fraudulent enrolling of a Consultant.
  • Enrolling or attempting to enroll non-­existent persons as Consultants ("phantoms").
  • Using a credit card by or on behalf of a Consultant when the Consultant is not the account-­holder of such credit card.
  • Subsidising the entire or partial cost of a customer purchase or New Consultant Starter Kit purchase that counts towards your volume or adds a Consultant to your Team. This includes offering a blanket discount or rebate on the purchase of goods.
  • Purchasing products to qualify for contests, Fast Start Bonuses, promotions, personal sales requirements for coaching, commissions, or pay rank.
  • Maintaining excessive inventory. You may not inventory load, encourage others to inventory load, or represent that there is any obligation to purchase products, literature, or other sales aids except for the Starter Kit; nor will you represent that overrides, bonuses, or other earnings may be obtained solely from the purchase of products rather than the sale of products. Inventory is not a component of our business and you should not carry it beyond the month in which you intend it to be sold.

16.4 HOST REWARDS AND STARTER KIT CREDIT

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People who host parties are eligible for rewards and incentives toward the purchase of products including free shipping, a credit toward a Starter Kit (“Kit Credit”) and discount codes that can be entered at the time of purchasing Jamberry products. As a consultant you may host your own Jamberry Party. However, you may only redeem the Host rewards once per quarter. You are eligible for all Host Rewards except for the free shipping offer and the Kit Credit option. This is because Kit Credits should be used as an incentive for the Host to sign up as a Consultant. Kit Credits are not intended for you to distribute to potential recruits. It is considered a form of Bonus Buying if you distribute Kit Credits to a potential recruit who has not earned the credit by hosting his or her own Jamberry party. Discount codes given as rewards for hosting a party may not be sold or used by anyone other than the host who earned them. Any abuse of the Host Rewards program by a consultant may result in a forfeiture of those rewards.


16.5 CLOSING PARTIES AND CUSTOMER DELIVERY

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You must close and submit all parties in the Consultant Workstation within five days of receiving Party orders. Parties must close in their entirety within fourteen days of holding the actual Party. If a customer or party order is shipped directly to you, you must deliver the orders to the customers within five business days of receipt.


16.6 RETAIL PURCHASE FROM A CONSULTANT

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When you purchase product from Jamberry and sell it directly to customers, you must provide a sales receipt to the customer which identifies you as the seller of the product and which includes the Jamberry Guarantee and refunds to those customers who return product in accordance with the Jamberry Guarantee. Jamberry will not reimburse you for the refund. We will provide replacement product when you submit the following items within one year of the date you purchased the product from Jamberry: a Retail Exchange form, an RA Number (which you can obtain from Customer Support), and any unused product.

Jamberry has the right to refuse to replace a product if there is reasonable doubt that it was actually purchased by a customer. If one of your retail customers claims under the Jamberry Guarantee but is not refunded by you then they may contact Jamberry Customer Support for a refund, and Jamberry reserves the right to offset such refund costs against you. Note: Purchases made by you at the Consultant price and then shipped by you to a customer will not qualify for return under the Jamberry Guarantee.

16.7 CONSULTANT-ISSUED GIFT CERTIFICATES

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Because Jamberry does not offer Gift Certificates, we understand that you may want to be able to offer them to your customers as part of your personal Jamberry business. Should you choose to do so, we suggest you follow these guidelines.

1. Clearly indicate on the Gift Certificate that you are the creator and issuer of the Gift Certificate, as an Independent Jamberry Consultant, and Jamberry is not the issuer.

2. Clearly indicate on the Gift Certificate that it is only redeemable through your website, and that it is not valid through the Jamberry official corporate website.

3. Provide an expiration date of no more than 6 months from the date of issue.

In addition, please submit your Gift Certificate design to compliance@jamberry.com  to ensure the design complies with applicable trademark and copyright law. Should you cease being a consultant for Jamberry before the customer redeems their Gift Certificate, it will still be your responsibility to either refund the Gift Certificate or assist the customer in redeeming it. Jamberry will not be held liable for the value of the Gift Certificate.



16.8 THIRD­-PARTY CONSUMERS

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If you cultivate business contacts, please remember that a business can purchase Jamberry products as gifts for employees or clients, but there may not be a resale value attached to the products. You cannot become a "vendor" to another business. When you sell products to a business for gifts, a personal letter must be included with each gift that provides information about how the end-­user can receive personal service from you.


16.9 CUSTOMER CANCELLATION

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Every retail customer who generates an order or makes a purchase from you must receive a notice of their cancellation rights (you can find this on the back of the Jamberry Order Forms). When a customer places an order through your Personal Website, the customer will be required to accept the sales contract during the order process. Each customer will also receive an electronic receipt that provides printable evidence of the sale. As the customer’s Consultant, you will receive an electronic receipt for your own records that you should keep for at least seven years.


16.10 TRANSFER OF TITLE

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Title to and risk of loss for any products ordered by you from Jamberry will transfer to you when the products are shipped.


16.11 CUSTOMER REFUNDS AND RETURNS

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You must comply with the Return Policy and procedures.


16.12 MISSING ORDER REPORTING

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You must report any order not delivered within 45 days of the original order date. After 45 days, Jamberry will not issue any replacements or refunds to you or your customers.


16.13 CUSTOMER ORDER FORMS

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You must shred any order form which contains your customer's billing information, after the order has been placed.


16.14 INTERNATIONAL SALES

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You cannot sell Jamberry products, recruit Consultants and customers, or conduct any business outside the countries or territories in which Jamberry is currently operating. You may sell Jamberry products to customers outside of your country of residence in Jamberry-­approved countries or territories. No recruitment efforts may be made outside of your country of residence unless you have received approval for a Cross Border Sponsorship Agreement(s). Even with a Cross Border Sponsorship Agreement in place, you are only permitted to create parties hosted by yourself or by someone in your country of residence, as determined by the address of your Jamberry Consultant account.


16.15 MARKETING MATERIALS CREDIT

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You may earn credit that can be used towards the purchase of marketing materials, including catalogs, Host or Join brochures, sample cards, postcards, order forms, and more, based on monthly retail sales volumes of 600 QV or more.

Marketing Material Credits are calculated as such:

When you earn QV in a month, you receive 25 credits. These credits are converted to your local currency rate using the commission (pre-tax) peg rate. Five additional credits are earned for each consecutive 100 QV. The amount of credits you receive in a month's time is capped at 50.

The following chart shows Marketing Credit-Currency Adjustment samples rounded to the nearest whole number.

QV Received

US

(USD)

CA

(CAD)

AU

(AUD)

NZ

(NZD)

UK

(GBP)

MX*

(MXN)

Under 600

-

-

-

-

-

-

600-699

$25

$32

$31

$33

£21

$431

700-799

$30

$38

$38

$40

£25

$517

800-899

$35

$45

$44

$47

£29

$603

900-999

$40

$51

$50

$53

£33

$690

1000-1099

$45

$58

$56

$60

£37

$776

1100+

$50

$64

$63

$67

£42

$862

Marketing Materials Credits expire 6 months from the date they are issued. You may only use Marketing Materials Credit on marketing materials and not on any promotional products, retail products, shipping, or taxes. Marketing materials are "paper products".


16.16 OUT­-OF­-STOCK PRODUCTS

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Jamberry will quickly ship all products currently in stock. Any out­-of­-stock items, unless discontinued, may be placed on backorder and will be distributed once Jamberry receives additional inventory. You will be charged and granted commissions on items to be shipped once an order is submitted. Items designated for future shipment may be cancelled at your request and a credit will be made to either you or your customer’s card based on the original payment method. If this happens, your commissions will be adjusted accordingly. If the item designated for future shipment cannot be fulfilled, Jamberry will cancel the order and adjust commissions accordingly. Jamberry has the right to offset such amounts against future commission and other compensation paid or owed to you when you receive commissions for subsequently cancelled orders.


16.17 RETAIL OUTLETS

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You are not allowed to set up a permanent retail display and sell Jamberry products in a retail establishment or environment. A retail establishment/environment is any location that appears to be a retail outlet where permanent retail activities take place (e.g., a kiosk in a shopping mall, boutique, grocery stores, flea markets, etc). In addition, shopping center kiosks, base exchanges, or permanent swap meets are not approved locations for temporary sales forums, since they take place within an established retail environment.

You should not sell Jamberry products in retail establishments, rather they should be sold at Home or Online Parties. You may conduct a Home Party at a retail establishment or location after regular business hours once every three months and no more than four times per year


16.18 SECONDARY AND ONLINE SALES

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As an Independent Consultant, you are a direct seller of Jamberry Products. This means that you engage in person-­to­-person sales and do not conduct business in a fixed retail location, (e.g. a shopping mall). This also means that you do not sell Jamberry products on any website other than the Jamberry Corporate site or your Jamberry Personal Website. Prohibited websites to execute sales include, but are not limited to, Etsy, Ebay, Amazon and Craigslist.

You may use social media platforms (such as Facebook) to advertise the sale of products you have on hand, but only under the following conditions:

  • The product is being advertised at full price
  • The product is in its original condition and packaging
  • No bartering or bidding takes place in the comment thread or on the post directly
  • All communications regarding the purchase of the product take place individually between the buyer and the Consultant.

The purpose of these social media posts should be to market your business and the product, not to conduct sales via the internet. These types of posts should be used in limited amounts, and should not be used for the purpose of selling excess inventory. Please see the Bonus Buying Policy for further details on the appropriate use of Inventory.


16.19 NON­-RETAIL BUSINESSES

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You may leave a flyer in non­-retail establishments provided the intent is to attract participants to a Party, not to sell. Restaurants are not retail establishments and you may periodically conduct Parties or meetings in a restaurant following the rule of once every three months and no more than four times per year.


16.20 CONSULTANT­-TO­-CONSULTANT SALES POLICY

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You may make Jamberry products available to other Consultants on a cost­-recovery basis. For example, when a Consultant needs an item and does not have time to receive an order from Jamberry, it is acceptable for you to sell the Jamberry item to another Consultant at a price which does not exceed the price at which that Consultant could purchase that product direct from Jamberry. Jamberry Home Office will make no adjustments of volume or commissions.


16.21 RENTAL SPACE

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You may rent space for Home Parties, however, in order to prevent the appearance of such a space being a retail establishment, you may not store products at the location. Your products must be stored at your home. Permanent signage or telephone rental locations are prohibited.


17. SHIPPING AND RETURNS

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For Shipping Rates: Shipping Policy

For the Returns Policy: Returns


EVENTS

18.1 BEST PRACTICES – OPPORTUNITY EVENTS

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The purpose of Jamberry-­sponsored Opportunity Events is for you to invite guests to participate in learning more about the Jamberry opportunity. You can plan Opportunity Events yourself, or attend one planned by another Consultant. If you attend another Consultant’s Opportunity Event, we encourage you to attend with your guest or come alone and learn how to talk to others about the Jamberry opportunity. We want the atmosphere to be light and low­-pressure, yet informative and helpful. We also encourage you to plan Opportunity Events as well.

As Jamberry grows in popularity, there is a chance that some guests may arrive at an Opportunity Event who are "unattached" to an existing Consultant. There is also a chance that a guest was informed of our event by another Consultant who couldn't be in attendance. When an Opportunity Event is held, every guest should fill out a short information card upon arrival to help reduce the confusion. This card is then used to determine where and with whom a guest belongs. A list of all Consultants attending the Opportunity Event must be kept. "Unattached" guests who become Consultants as a result of an Opportunity Event will be assigned according to the Lead & Assignments Policy. (See “Leads & Assignments”)

Please remember that this situation is rare. You should not attend an Opportunity Event expecting or trying to sponsor "unattached" guests. Please refrain from handing out your personal business card to any "unattached" guest expecting or trying to sponsor them. Instead, answer any questions the guests may have in an inclusive and supportive way as is fitting of the Jamberry culture.


18.2 BEST PRACTICES – TRAINING EVENTS

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If you bring inventory to a training event sponsored by Jamberry Home Office, we are not responsible for any of it that is lost or stolen. Jamberry recommends that you secure all personal inventory during break periods.


18.3 TEMPORARY SALES EVENTS

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You may promote your business, (e.g. selling Jamberry products and sponsoring), at expos, vendor events, or trade shows, in accordance with these guidelines:

  • You must register for the event as a Jamberry Independent Consultant.
  • The first Consultant to register for space with the event sponsor has the right to conduct that event. If a second Consultant would also like to participate, she/he must contact the first registrant and obtain her/his permission. If two Consultants are registered without prior knowledge, it is up to the second Consultant to withdraw from the event if the first registered Consultant does not want double participation. When registering for events, you should check cancellation policies with the event planner and ensure another Jamberry Independent Consultant is not already registered.
  • Your booth must be staffed at all times and must not be shared by another business.
  • You are allowed to hold a temporary event held in the common area of a shopping mall for up to two weeks. (See “Retail Outlets”)

Note: Expos, vendor events, or trade shows are not considered a core part of the Jamberry business. Jamberry does not specifically recommend participation in these events, nor do we endorse any specific event. Jamberry is not a party to any agreement you make with any sales event producer and will not be held responsible for any mishaps that occur.

You are limited to two weeks per year to participate in any one specific Temporary Sales Event, such as a farmer's market.

If a Temporary Sales Event, such as a craft fair or bazaar: a) is set up inside a retail establishment, such as a shopping centre; b) occurs more often than every six weeks in its entirety; and/or c) occurs for twenty-­five consecutive days or more, you may set up a display about your independent sales business for the event but you may NOT have products available for cash and carry sales.

If you have any questions about whether to participate in a Temporary Sales Event, please contact Jamberry Compliance at compliance@jamberry.com. Please see the Temporary Sales Event Guide posted on the Consultant Workstation for more specific guidance on this topic. Please remember that you may need to arrange insurance cover to participate in that event.


19. GENERAL PROVISIONS

19.1 WEBSITE DOWNTIME

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The Jamberry Website may be subject to temporary shutdowns from time to time for maintenance and/or due to causes beyond our reasonable control. Jamberry does not accept any liability to you by reason of any such shutdowns.


19.2 ACTS OF HOUSEHOLD MEMBERS

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You are not allowed to circumvent these Policies and Procedures by having a member of your household breach them on behalf of your business. If any member of your household breaches a provision of the Consultant Agreement or these Policies & Procedures, you will be held accountable and subject to disciplinary action.


19.3 GRIEVANCES AND COMPLAINTS

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If you have a grievance or complaint about another Consultant that you are unable to resolve regarding any practice or conduct related to the Jamberry business, please submit a support ticket describing the situation to Jamberry Support for review to uksupport@jamberrynails.com.


19.4 REPORTING POLICY BREACHES

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If you observe a breach of these Policies & Procedures by another Jamberry Consultant, please submit a report to Jamberry Compliance at compliance@jamberry.com. Please include a description of the circumstances, evidence, and any other pertinent information. We will use reasonable efforts to keep your report confidential.


19.5 AMENDMENTS

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Jamberry reserves the right to amend 1) the Consultant Agreement, 2) the Compensation Plan, 3) these Policies & Procedures, 4) its prices, and product availability and 5) other documents referenced herein at any time without prior notice as it deems appropriate. Amendments will be communicated to you through official Jamberry publications, websites, or voice or email. Amendments are effective and binding on all Consultants as of the date of issuance. In the event there is a difference between the original documents, policies, and any such new amendment, the amendment will control.


19.6 TELEPHONE MARKETING

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The United Kingdom has laws that restrict telemarketing practices. While you may not consider yourself a "telemarketer" in the traditional sense of the word, these laws broadly define "telemarketing" so that your inadvertent action of making a marketing call to someone whose who has opted out of receiving such calls could cause you to break the law. These regulations must be taken seriously because they carry significant penalties.

You may not engage in telemarketing relative to the marketing of Jamberry products. "Telemarketing" means the placing of one or more telephone calls to an individual or entity to induce the purchase of a Jamberry product or service or to recruit them for the opportunity of marketing Jamberry products. "Cold calls" made to prospective customers that promote either Jamberry products or the opportunity to market Jamberry products constitute telemarketing and are prohibited. However, your telephone call(s) placed to a prospective customer (who has not opted out of receiving marketing calls) is permissible in the following situations:

  • You may call family members, personal friends, guests who have attended a Jamberry Party that you have conducted, and acquaintances. An "acquaintance" is someone you have recently personally met.
  • You may call people with whom you have an established business relationship. An "established business relationship" is a relationship between you and a prospective customer 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 18­-month period immediately preceding the call.
  • You may call a prospective customer after they have personally inquired about a Jamberry product or service you offered them within the three­-month period immediately preceding the date of such a call.
  • You may call a prospective customer if you receive written and signed permission from them authorizing you to call. The authorization must specify the telephone number(s) that you are authorized to call.
  • If you collect business cards and subsequently call these contacts, this may be considered a form of telemarketing and should be avoided.

19.7 WAIVER

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Jamberry maintains its right to insist on compliance with its Consultant Agreement including these Policies & Procedures and with the applicable laws governing the conduct of a business. In the event that we permit a variance of the rules, that permission does not extend to future variances. This provision deals with the concept of "waiver," and you agree that we do not waive any of our rights under any circumstances.


20. COMPANY ADDRESS AND CONTACT INFORMATION

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Jamberry’s Corporate Address: Jamberry Nails UK Ltd, Two Snowhill, Birmingham B4 6WR UK
Address and Phone number: uksupport@jamberry.com | UK Free call ­ 0808 101 6101Address of Jamberry’s Third Party Logistics facility: Jamberry Nails UK, Ltd. HAVENWEG 16 6006 SM WEERT, NL