Amuse Studio Creative Consultant Agreement Dec 2015

8/19/2019 Amuse Studio Creative Consultant Agreement Dec 2015

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© 2015 A Muse Studio 12-15 page 1

a division of palatine design, inc.

independent creative consultant agreement

1

I certify that I am an individual, or that I am operating as a Corporation or a Limited Liability Company, and that I am of at least eighteen (18)years of age. Hereinafter the terms “I”, “we” “my” will be used to convey an individual, a corporation or a limited liability company. I further certifythat I will review and understand the online manual entitled “ Creative Consultant Handbook” (hereinafter “CCH”) and hereby agree to be bound byany and all terms, conditions or instructions as are set out therein. I further understand that said Handbook is incorporated in its entirety in thisAgreement and by this reference made a part hereof.

2

Independent Creative Consultant Status. I understand that I am considered an independent contractor for any and all tax purposes. ThisAgreement does not create a partnership, joint venture, agency, employer/employee or similar relationship. I am responsible for payment and filingof all applicable taxes, licenses and fees associated with my business. If my earnings meet the minimum amount established by the IRS by the endof the calendar year, I will receive IRS Form 1099 which will report my earnings based on sales, rewards, and other taxable incentives I have earnedas an A Muse Studio™ Creative Consultant. All financial obligations associated with my business are my sole responsibility. As an independentcontractor, I am not an A Muse Studio employee or franchisee. I am responsible for liability, health, disability, worker’s compensation as well as anyand all other insurance for my business.

3

Territory. Sales are restricted to the fifty states of the United States of America and the District of Columbia. I agree not to sell, recruit (i.e.,recruit persons or parties that I solicit to sell and work under me until such time as they become contracted Consultants themselves), or place ordersoutside of this territory, except as in accordance with policy relating to military installations. No exclusive territory is granted and each CreativeConsultant may sell A Muse Studio products anywhere in the United States including the District of Columbia.

4

Purchase of Starter Kit

I understand that, pursuant to the agreement, I shall be required to purchase a Basic Starter kit at the current price aslisted by A Muse Studio. No fees other than purchase of the kit are required to become an A Muse Studio Creative Consultant. Starter kit cannot beresold.

5

Right to Cancel

I understand that I have thirty (30) days from the delivery date of the starter kit to cancel my application and return theunused kit for a refund of the purchase price and any applicable sales tax less a 10% restocking fee. This does not include any associated shippingfees. I understand that the kit must be returned using a traceable shipping method at my expense.

6

Responsibilities

I agree to receive and place orders (i.e., workshop orders, customer orders and consultant orders) for A Muse Studio inaccordance with the policies as are set out in the CCH. In accordance with the above order types, I agree to receive and place orders for A MuseStudio products, submit and pay for orders within five (5) business days after an order is submitted by a customer, and I shall deliver said orderswithin seven (7) days of receipt of the product if said product is not sent directly to a hostess or customer. I agree to abide by all guidelines, terms,conditions, and procedures set forth in this Agreement as well as the Creative Consultant Handbook . I agree to present A Muse Studio products ina truthful and sincere manner favorable to myself and A Muse Studio and to hold A Muse Studio harmless from any damages resulting from mymisuse or misrepresentation. I also agree to maintain the highest standards of honesty, integrity, courtesy, respect, and responsibility in my

dealings with customers, A Muse Studio, and other Creative Consultants. I agree not to engage in deceptive or unlawful trade practices and tooperate my business in full compliance with all federal, state, and local laws, rules and regulations including but not limited to the proper acquisitionof any and all business licenses required to legally operate my business.

7

Compensation

During the term of this Agreement, I understand that as an independent A Muse Studio Creative Consultant, I am eligible toreceive commissions, bonuses, and other incentives based on my sales of products and services to my customers as more fully described in theCCH . I understand that the company reserves the right to change the Creative Consultant Career Plan and that the company will not be liable fordamages incurred or loss of income for these changes.

8

Pre-paid Orders

I understand that A Muse Studio ships products only on the basis of a prepaid order by me. I agree to ensure that customerpayments will be dedicated to the prepaid orders which I will submit to A Muse Studio. A Muse Studio will use its best efforts to fill orders and shipthe products I have ordered, however, A Muse Studio shall not be liable to me or any customer of mine for any failure or delay in shipment of anyproduct. All orders are subject to approval of A Muse Studio. I agree that I shall not maintain an inventory of A Muse Studio products for resaleunless approved by A Muse Studio. Such “resale agreement” and/or an inventory agreement shall be approved in writing on a form prepared by AMuse Studio, and no oral approval shall be granted.

9

Sales Requirements I understand that quarterly minimums must be met to remain as an A Muse Studio Creative Consultant. If my sales do notmeet or exceed the quarterly minimum amount, as established in the CCH , I will be placed on pending status, as defined in the CCH . If the

requirements as specified in the CCH are not met by the end of the following quarter, this agreement is subject to termination at the completediscretion and option of A Muse Studio, with or without cause.

10

Sales Tax

A Muse Studio will remit the applicable sales tax generated as a result of the order to the proper governmental agencies on mybehalf unless I reside in an area that requires by law that a Consultant collect and remit his/her own sales tax directly to the state. It is a CreativeConsultant’s responsibility to understand and comply with the laws in your state, county and city.

11

Use of Materials—Intellectual Property. I understand that the Company’s trademarks, patents, trade secrets and copyrighted materials(collectively the “Intellectual Property”) belong solely to the Company. I agree to strictly comply with all applicable A Muse Studio policies andguidelines as well as state and federal rules and regulations governing the use of A Muse Studio’s Intellectual Property. I understand that my use ofthe Company’s Intellectual Property is immediately terminable at will by the Company, and will terminate upon cancellation of my CreativeConsultant Agreement.




12

Copyright

I agree to abide by the A Muse Studio copyright policy as defined in the CCH when creating handmade projects that are sold forprofit and any unauthorized use of these materials may subject me to any and all legal consequences for illegal use.

13

Non-disclosure

I agree not to disclose the confidential and proprietary information of A Muse Studio, whether directly or indirectly, orwhether explicitly or implicitly. I agree not to use or allow others to use, any confidential and proprietary information of A Muse Studio in any wayand for any purpose other than to promote and further my A Muse Studio Creative Consultant business. All customer lists, brochures, reports, andother such information of any nature made available shall be held in strict confidence during the term of this Agreement as well as after itstermination without limit. I agree not to use customer, consultant, or company information for any other events or activities. Upon demand by AMuse Studio, I will return the original and all copies of any reports, lists or other documents containing confidential and proprietary information ofA Muse Studio.

14

Sales Channels

A Muse Studio is committed to the in-home demonstration and sales method as defined in the CCH as an effective means of

promoting the use and sale of our products. I agree not to demonstrate or sell A Muse Studio current catalog products to or through retail stores orother commercial outlets. I agree not to sell A Muse Studio products through an internet store, shopping cart, or auction website such as eBay. Ialso agree not to participate in cash-and-carry sales of current catalog products without express written consent by A Muse Studio. A Muse Studioreserves the absolute right to market and sell products through its own retail store, internet shopping cart, or at public sales, regardless of themethod.

15

Competitive Selling

During the term of this Agreement, I agree not to sell, promote, represent, or design for competitors in the home partypaper-crafting industry. I understand that if at any time a person living in my household represents a competing company in the home party papercrafting industry, that I have an absolute obligation to report this to A Muse Studio and understand that A Muse Studio may terminate thisagreement as a consequence for these actions.

16

Submissions

Any submissions of artwork, cards, scrapbook pages, stamp design ideas, images, products, processes, or written materialsbecome the property of A Muse Studio. I agree and understand that I will not be compensated for any submissions or contributions. A Muse Studiomay use and modify any submission without your permission. I agree to give A Muse Studio the right to use my submission in product, marketing,advertising and promotional materials with or without crediting me or compensating me as the original artist.

17

Publicity I agree to give A Muse Studio the right to use my name, likeness, photograph, voice, video, image, and/or card and scrapbook pages,

in product, marketing, advertising and promotional materials without crediting me or compensating me any form, shape or manner. A Muse Studiomay also release my name, email address, and telephone number to customers who request a Creative Consultant in my area.

18

Termination

Either party may terminate this Agreement at any time by providing thirty (30) days written notice to the other party. A MuseStudio may terminate this Agreement at any time upon written notice for any breach or violation of any provision set forth in this Agreement andthe CCH , or without cause at any time upon thirty (30) days written notice as set out herein above. Upon termination, I agree to immediately stopusing customer information and A Muse Studio logos, trademarks, patents, products, literature, websites, and other copyrighted materials

19

Resignation

I may resign and cancel my Creative Consultant Agreement at any time, for any reason, upon thirty (30) days written notice to AMuse Studio.

20

Spouses I understand that I may not become an A Muse Studio Creative Consultant if my legal spouse is already an A Muse Studio Creative

Consultant. I also acknowledge that a spouse of a Creative Consultant cannot be engaged in activities which compete with A Muse Studio.

21

Warranties

I understand that A Muse Studio makes no claims or warranties other than as specified in official A Muse Studio literature

regarding A Muse Studio products, Creative Consultant opportunity, or compensation. I agree not to make any claims or warranties other thanwhat is stated in official A Muse Studio literature.

22

Indemnification

I agree to indemnify and hold A Muse Studio harmless of and from any and all claims, liability, damages, loss, costs, orlawsuits arising as a result of negligent, intentional, actions, inactions or other acts by me or my agent or representatives. I acknowledge that as anindependent contractor, I am responsible for my own A Muse Studio business and for any and all liability or loss of whatever kind which may beincurred in connection with it.

23

Entire Agreement

This agreement constitutes the entire agreement between the company and me and supersedes all prior written and oralagreements. If any portion of the Agreement is unenforceable, the remaining portions of this Agreement shall not be affected. All powers, rights,and remedies given to the company are cumulative, and are in addition to any other rights and remedies provided by law. The waiver by thecompany at any time of any right of the company contained in this Agreement shall not be deemed a continuing waiver and shall not prevent thesubsequent enforcement of any such right. This agreement shall be governed by and construed under the laws of the State of North Carolina.Proper jurisdiction and venue for any disputes between the parties shall be in a court having jurisdiction in Winston Salem, North Carolina. Thecaptions of this Agreement are for the convenience of reference only. This agreement may be amended by the company upon publication on the AMuse Company website in the “Consultants Only” area or written notice to you of any revision or new policy by the company.

24

Attorney fees

In the event that I breach any of the terms and conditions of this Agreement, and it shall become necessary for the Company toenforce, the laws of the State of North Carolina shall govern this Agreement. A Muse Studio reserves the right to amend Company literature,product prices, policies, procedures, and compensation at any time without prior notice. A Muse Studio may communicate amendmentselectronically via the Creative Consultant forum, or by e-mail, postal mail, or fax. A Muse Studio is entitled to payment of any attorney fees or coststhat arise out of any breach by you in the terms and conditions of this agreement.

25

Mandatory Arbitration

As the exclusive means of resolving through adversarial dispute resolution any disputes arising out of thisagreement, a party may demand that any such dispute be resolved by arbitration administered by the American Arbitration Association inaccordance with its Commercial Arbitration Rules, and each party hereby consents to any such disputes being so resolved. Judgment on the awardrendered in any such arbitration may be entered in any court having jurisdiction.




a division of palatine design, inc.

independent creative consultant agreement

Namelast first middle

Billing Address

City County

State Zip Code

Shipping Address (not a PO Box)

City County

State Zip Code

Shipping Address Tax Rate % Is your shipping address within city limits? ! Yes ! No

Email

Website/blog

Phone ( ) Cell Phone ( )

Recruiter Name Consultant #last first

Have you previously been or applied to be an A Muse Creative Consultant?

If so, specify reason for return

Are you currently or have you previously been a consultant for another company?

If so, specify company and years

By signing this agreement I acknowledge that I have read, understand and agree to be bound by all itsterms and conditions. This agreement shall be effective only upon acceptance byA Muse Studio. Please keep a copy of this agreement for your records.

Signature

Social Security Number Birth date Date

Mail or Fax to:A Muse Studio | 1992 Runnymede Rd | Winston Salem, NC 27104

Phone: 206-783-4882 | Fax: 206-708-6732

For internal use only:

Signature of Approval by A Muse Studio

Date Consultant Number




starter kit order form

The basic starter kit is required for all new Creative Consultants and contains the below supplies. Alternatively, you

may choose the deluxe kit. Please select your kit, complete the sections below, and submit this form along with yourapplication.

" Basic Starter Kit Special (Nov 21 – Dec 31, 2015) – $39 (plus $12.95 shipping and applicable tax)

Exclusive Sampler stamp sets (3) 2015-2016 Catalog & Inspiration Guides (4)Cardstock Swatch Ring 2015 Holiday Catalogs (4 – while supplies last)

Postcard Invitations Customer & Hostess Order FormsHostess & Sponsoring Brochures

" Deluxe Starter Kit Special (Nov 21 – Dec 31, 2015) – $99 (plus $16.85 shipping and applicable tax)

All items included in the Basic Starter kit plus:A Muse Studio Splash! Inks (5) 2015-2016 Catalog & Inspiration Guides (4 additional)

A Muse Studio Pigment Inkpads (8) Ribbons (3)A Muse Studio Twinkle Stickers (6) Glitter – DiamondA Muse Studio Pearl Stickers (7) Adhesives – Quickie Glue Pen, 3D Foam Adhesive,

A Muse Studio Brads (2) & Eyelets (2) Tombow Dot ‘n Roller AdhesiveClear blocks (4) ‘Hi’ Die

Washi Tape Assortment – Neon Bone FolderSponge Dauber Trio Versafine Onyx Inkpad

Cardstock Starter Pack A Muse Studio Angled Tweezers

Price of kit

Shipping

Subtotal

Your Sales Tax

Total Due

Web store: Special offer for new Consultants! As a new Creative Consultant, you are eligible to have an A MuseStudio web store for your first two months as a Consultant free! This will allow your customers to shop directly from

you online! It will also allow you to be part of our online referral program. If you decide to keep your web store afteryour first two months, a monthly fee of $9.95 applies.

" Yes, I’d like to have web store " No thanks

If yes, specify name that you would like at the end of www.amusestudio.com/

payment and credit card authorization

I authorize A Muse Studio to charge the above totaland

any amounts owed to A Muse Studio during or following the term of

this agreement to the following credit card: ! VISA ! MasterCard

Name Date

Cardholder’s Name

Card Number !!!! !!!! !!!! !!!!

Expiration !! / !! Verification # !!! Last 3 digits on back of card in signature panel

Cardholder's Signature




banking enrollment form

This form must be completed and submitted to A Muse Studio so that you may be paid commission earned from credit card

orders, volume bonuses, and downline overrides. Please allow five (5) business days for processing.

Is this a new activitation or a change to your current account? ! New ! Change Account

Consultant Number

Consultant Name

Address

City State Zip Code

Phone Number

By signing below, you authorize A Muse Studio to initiate debit or credit entries to the account indicated below.

You authorize the financial institution named below to debit or credit the account indicated. This authorization

will remain in effect until you provide 10 days (10) advance written notification of termination to A Muse Studioand your bank. You will be liable for any fees your bank assesses for returns as well as A Muse Studio’s return

payment processing fee for each payment returned to A Muse Studio.

A Muse Studio may deposit $0.01 into your account to verify the account is set up properly.

You represent that the routing/transit number and account number indicated below are accurate and that theaccount indicated below was established for business purposes. If any of this information is incorrect or

inaccurate, you agree to reimburse A Muse Studio for any charges assessed due to incorrect information.

Electronic Fund Transfers (EFT) may require a special Routing Number. Please contact your bank to verify the

routing number and account number.

Type of Account: !

Business Checking !

Personal Checking !

Savings

Financial Institution Name

City State Zip Code

Name on Account:last first middle

Name on Account:last first middle

Routing/Transit Number

Account Number

Signature

Date

Mail or Fax to:

A Muse Studio | 1992 Runnymede Rd | Winston Salem, NC 27104Fax: 206-708-6732




right to cancel

You may cancel this transaction, without any penalty or obligation within THREE BUSINESS DAYS from the date of this

transaction (see date on the front side of this form). Please contact your Creative Consultant.

If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, anygoods delivered to you under this contract or sale. You must comply with the instructions of the seller regarding the return

shipment of the goods at the seller’s expense and risk.

If you cancel, any payments made by you under the contract or sale will be returned within ten business days following receipt by

the seller of your cancellation notice.

If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your notice of

cancellation, you may retain or dispose of the goods without any further obligation. If you do not make the goods available to the

seller, or if you agree to return the goods to the seller and do not do so, then you remain liable for the performance of all obligations

under the terms of this sale.

To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice to the

independent Creative Consultant named as the recruiter on the application form or to A Muse Studio, 1992 Runnymede Rd,

Winston Salem, NC 27104 no later than midnight of the third business day after the order date.

I hereby cancel this transaction.

Date

Buyer’s Signature

Amuse Studio Creative Consultant Agreement Dec 2015

Documents

Transcript of Amuse Studio Creative Consultant Agreement Dec 2015