Consultant Policies & Procedures Last Modified: February 9, 2016 ...
Transcript of Consultant Policies & Procedures Last Modified: February 9, 2016 ...
P&P for Canada
Consultant Policies & Procedures Last Modified: February 9, 2016 Jamberry Canada
Table of Contents
INTRODUCTION
PRACTICING THE JAMBERRY NAILS VALUES
CONSULTANT STATUS AND QUALIFICATIONS
Basic Qualifications
Continued Permanent Residence
Compensation Plan
Paid-As Title
Consultant Status
Career Title
Online Agreement
Consultant ID
Independent Contractor Status
One Name Per Agreement
Business Entities
Exclusive Territories/Solicitation of Overseas Business
EXCLUSIVE PROMOTION OF PRODUCTS
ETHICAL CONDUCT
LEGAL COMPLIANCE
LICENSES
CONFIDENTIALITY
NON-SOLICITATION
NONCOMPETE
TRANSFERABILITY
INHERITANCE OF BUSINESS
NEW CONSULTANT DEVELOPMENT
Income Claims
Limited Right to Make Income Claims, With Timely Disclosure
Remote Sponsors
Cross Sponsoring
Sponsor Reassignment
Release of Team
Improper Initial Assignment
Legal Action
Minimum Leadership Support Requirements
No Product Purchase Required
ANNUAL RENEWAL OF CONSULTANT AGREEMENT
Personal Website Annual/Quarterly/Monthly Renewal
TERMINATION OF CONSULTANT AGREEMENT
Self-Termination
Cancellation
Home Office Termination
Effect of Termination
Events Upon Termination Of This Agreement
Buy-Back Policy
Compression
Reactivation Policy
TEAM MANAGER LEVEL RESPONSIBILITIES
Commissions Policy And Payout Timelines
Recruitment Fees Prohibited
Account Holds
CORPORATE MARKETING, LEADS AND ASSIGNMENTS
Our Philosophy
TAXES
Income Tax
Sales Tax
Collection Agreements/Arrangements
Exempt Sales
INSURANCE
ADVERTISING, PRESS, TRADEMARK AND PUBLIC IMAGE PROTECTION
Repackaging Or Relabeling
Training Materials
Liability
Trademarks
Advertising and Press
Press Contacts and Leads
Media Promotions
Phone Listing Policy
Chequing/Charge Accounts
ONLINE COMPLIANCE
Disney Compliance
Marketing And Naming of Personal Websites
Restricted Use of Jamberry Trademarked Name
Use of Jamberry in URLS
Use of Jamberry in E-Mail Addresses or Social Networking Names
Use of Jamberry Confidential Information – Names, Addresses, Emails
Social Networking Pages on Facebook and More
Solicitation of Business on Facebook, Consultant Facebook Group, Twitter or Other Sites
Sales Through Auction Sites or Other Internet Sites
Marketing Through Personal Blogs and Other Sites
Third Party Websites that Refer Leads to Jamberry Canada
PURCHASE AND SALE OF PRODUCTS
Blanket Discounts
Sales Presentations
Bonus Buying
Closing Parties and Customer Delivery
Third-Party Consumers
Customer Refunds and Returns
Missing Order Reporting
Customer Order Forms and Sales Receipts
Customer Cancellation rights
Territory Restrictions
International Sales
Out of Stock Products Items
Retail Outlets
Non-Retail Businesses
Mail Order
Consultant-To-Consultant Sales Policy
Rental Space
International Distribution
Marketing Materials Credit
SHIPPING
EVENTS
Best Practices – Opportunity Events
Best Practices – Training Events
Temporary Sales Events
Assistance For Hearing Impaired At Home Office Events
GENERAL PROVISIONS
Website Downtime
Contractual Remedies
Acts of Household Members
Grievances and Complaints
Reporting Policy Violations
Amendments
Indemnification/Offset
Telephone Solicitation
Cumulative Remedies/Waiver
Injunctive Relief
Waiver
Jurisdiction
Partial Validity
Limitation Of Damages
Privacy Policy & Consent
Entire Agreement
COMPANY ADDRESS AND CONTACT INFORMATION
INTRODUCTION
We are very excited that you are considering becoming a consultant of Jamberry Nails Canada Limited Partnership
("Consultant" or "Jamberry Consultant"). Before you take the final step to joining, please carefully review this entire
document. If you agree to comply with the Policies & Procedures listed in this agreement (the "Policies &
Procedures"), please indicate your agreement by signing the Consultant Agreement that accompanies this document.
If you have any questions about any of the terms in this document, please contact Jamberry Nails Canada support at
(801) 796-2205 or toll free at 1-855-416-0221.
PRACTICING THE JAMBERRY NAILS VALUES
At all times, Consultants must:
• Conduct themselves with the highest level of ethics, integrity and professionalism. This includes
maintaining professionalism and courtesy with customers, other Consultants, and members of the Home
Office team.
• Act in good faith at all times.
• Not discriminate against any individual because of age, race, creed, color or any other legally protected
status. Discrimination will not be tolerated.
• Provide helpful customer service with the intent of developing long-term customer relationships.
• Refrain from making disparaging comments or gossiping about others.
• Abide by all the guidelines listed in Consultant Workstation to ensure it remains a positive and supportive
environment.
Jamberry Nails Canada Limited Partnership ("we,"", "us,"", "our,"", "Home Office,"" or "Company") reserves the right to terminate the Consultant Agreement with any Consultant Agreement who does not comply with the Policies & Procedures or fails to operate within the spirit of the Company's values.
CONSULTANT STATUS AND QUALIFICATIONS
BASIC QUALIFICATIONS
You become a Jamberry Consultant when you checked the box indicating your acceptance of the Jamberry Terms &
Conditions during enrollment. Checking the box will be equivalent to an electronic signature.
To become a Jamberry Consultant you must be of the age of majority in the province in which you reside, be a
Canadian citizen or permanent resident, possess a valid Social Insurance Number, maintain your personal website,
and be sponsored by a current Jamberry Consultant. If you do not have a Sponsor, you will be assigned one by the
Company in accordance with our policy on assignments. In order to sign up with Jamberry Canada, you must visit
our website (http://www.jamberry.ca/join/) and submit the online registration form, which includes the electronic
acceptance of the Consultant Agreement and your payment of Cdn $119 for the registration fee and purchase of a
Starter Kit which is sold to you at the Company's cost. The Starter Kit will help you become familiar with the
Jamberry Canada products, services, sales techniques, sales aids, and other matters, and will help you facilitate
sales. The Starter Kit includes the following: 1 random Sheet of Nail Wraps plus three additional nail wraps of your
choice, Jamberry Mini Heater, 6 Nail Files, 3 Buffer Blocks, Cuticle Pusher, 3 Pairs of Salon Scissors, 50 Orange Sticks,
Nail Care Cuticle Oil, two25-Packs of Catalogs, 50 Nail Sample Cards, Alcohol Wipes, Start-Up Guide, Brochures,
Order Forms, Postcard Invitations, and pre-paid access to your Personal Website and back office workstation during
the month you join and the three complete calendar months following your sign-up month. As soon as the Company
approves the Consultant Agreement and has received your payment, you are ready to get started!
CONTINUED PERMANENT RESIDENCE
Currently, Jamberry Canada operates only in Canada. In order to retain your Consultant Agreement with the
Company, you must remain a permanent resident in Canada. The Consultant Agreement does not transfer to another
country in which the Company operates or may operate in the future. To conduct business in another country, you
must resign in your original country and sign the relevant agreement for the new country. Additionally, Consultants
may not solicit international or cross-border business. The Company allows International Sponsorship between
Canada and another country in the Company's area of operations. Please note this pertains to Sponsors only. No
cross-border/international parties are allowed at this time; however, cross border sponsoring and sales from your
personal website are permitted in the Company's current area of operations.
COMPENSATION PLAN
Consultant commissions, bonuses, rewards, and titles are based upon the Jamberry Canada Compensation Plan
which is incorporated into this Agreement by reference. Please review the Compensation Plan for complete details, a
copy of which can be reviewed here: /uploads/cms/docs/CompPlan13_Can.pdf
PAID-AS TITLE
Your Paid-As Title and Career Title are determined by your monthly sales activity and primarily used for commission
calculations and coaching information by the Company and your upline. Your Paid-As Title is determined according to
the Compensation Plan and is based on a number of monthly criteria, including Personal Retail Volume ("PRV"),
Team Retail Volume ("TRV"), Active Legs, and the Paid-As Titles of certain members of your team (as such terms are
defined in the Compensation Plan).
CONSULTANT STATUS
Consultant status is used to determine a Consultant's eligibility to receive bonuses, commissions, and rank
advancements. Definitions of each status level are:
ACTIVE
A Consultant must maintain a PRV of 200 each calendar month to be considered Active. If a Consultant has not
achieved active status during a calendar month, they receive no commissions from their downline, fast-start bonuses,
Matching Advancement Bonuses, or Generational Overrides. Active status is always measured by a calendar month.
However, they will receive personal retail commissions from their personal and customer purchases even if they do
not achieve Active status during a calendar month.
IN PROGRESS
At the beginning of each calendar month each Consultant begins with the status of In Progress until she achieves the
200 PRV. If at the end of a calendar month you remain In Progress, then you still receive personal retail commissions
on your and your customer's retail purchases, but you are not eligible to earn any other bonuses or overrides on
downline sales during any period where you fail to achieve Active status.
CANCELLATION
Consultants must have a minimum of 600 PRV during any rolling 12-month period in order to remain a Consultant
and keep their downline. If they fail to meet this requirement in any 12-month period, they will be canceled which
causes them to be removed from the company downline organization. Their downline and customers will be
compressed to the next upline Consultant who is in good standing.
RESIGNED
Any Consultant who officially resigns from the Company, by providing written notice to the Company.
CAREER TITLE
A Consultant's Career Title is their recognition title or the highest title they have achieved. A Consultant's Career Title
does not change unless they advance to the next career level (see Demotion Policy in Compensation Plan for other
exceptions), unlike a Paid-as Title, which may vary from month to month.
Each Consultant is paid at the title for which they qualify during the period ("Paid-as-title").
ONLINE AGREEMENT
Consultants must read the online Consultant Agreement in its entirety before submitting the on-line Consultant
Agreement.
CONSULTANT ID
All Consultants must provide a valid taxpayer identification number (such as a valid Social Insurance Number). The
Company will use this number for tax reporting purposes. You will be automatically assigned a non-changeable
Consultant ID that has not relationship with your Social Insurance Number.
INDEPENDENT CONTRACTOR STATUS
You understand that you are not an employee of Jamberry Canada and shall not be entitled to receive any benefits
from Jamberry Canada whatsoever. Jamberry Canada shall not be required to make contributions for employment
insurance, Workers' Compensation and other similar levies in respect of payments to be made. You shall be fully
responsible for paying all applicable federal and provincial withholding taxes, source deductions, taxes, employment
insurance premiums, Workers' Compensation contributions and other levies, premiums, license requirement and fees
related to your earnings and activities as a Consultant.
You agree that as a Consultant you are an independent contractor, and not an employee, agent, partner, legal
representative or franchisee of Jamberry Canada. You shall be solely responsible for paying all expenses incurred by
yourself, including but not limited to travel, food, lodging, secretarial, office, long-distance telephone, postage for
product returns and other expenses. You will have and maintain control of the manner and means of your
performance. You will have no power or authority to incur any debt, obligation or liability on Jamberry Canada's
behalf.
For further certainty, the specifics of your legal relationship with Jamberry Canada are as follows:
Control - Subject to the terms of the Consultant Agreement, and other applicable laws, Consultants shall have
complete control and discretion over the operation of their independent businesses including, without limiting the
nature of the foregoing, how much or how little time they may devote to their businesses, and shall be entitled to
establish their own business goals, business hours, and business methods, Policies & Procedures.
Ownership of Tools – The Consultant shall be responsible for the ownership and acquisition of any business tools,
equipment, assets, and expenses, and all business goods, services and intangibles that the Consultant, in his/her
discretion, believes necessary for the operation of its independent business including, without limiting the generality
of the foregoing, the location and appointment of his or her business office, business cards, letterhead, computer
equipment, motor vehicle(s), and other tools and equipment (e.g., phone, office supplies etc.) which he/she alone
deems necessary for operation of his/her business, all of which shall established and/or acquired by the Consultant at
his/her own expense. The Consultant shall also maintain such insurance, such as liability, fire and theft insurance,
during the term of this Consultant Agreement for the benefit of his/her business, in amounts as he/she deems
appropriate, and at his/her own expense.
Chance of Profit/Risk of Loss – Jamberry Canada and the Consultant agree that all expenses incurred by the
Consultant in the operation of his/her business shall be incurred on his/her own account, and be his/her own
responsibility. Jamberry Canada and the Consultant also agree that the terms of the Consultant's compensation is
entirely set out in the Jamberry Canada Compensation Plan, and accordingly, the chance of profit and the risk of loss
inherent in the Compensation Plan, and inherent in the operation of the Consultant's independent business, rests
entirely with the Consultant, with no "expense reimbursement" or "minimum compensation" being offered or
guaranteed by Jamberry Canada whatsoever.
No Power to Bind - While a Consultant shall be entitled to inform others that he/she is an Consultant engaged by
Jamberry Canada in an independent status, he/she shall at no time represent himself/herself to be an employee of
Jamberry Canada, and shall clarify with others, where necessary, his/her status as an independent contractor of
Jamberry Canada. The Consultant has no authority (expressed or implied), to bind Jamberry Canada to any
obligation, and shall not be construed as purchasers of a franchise or a business opportunity.
No Creation of Employment, Agency, Partnership, Franchise or Joint Venture Relationship - The legal relationship
between Jamberry Canada and its Consultants is not intended to create, and does not create, an employer/employee
relationship, agency, partnership, franchise or joint venture relationship between Jamberry Canada and the
Consultant.
Treatment as Independent Contractor for Tax and Other Purposes - Accordingly, the Consultant will not be treated as
an employee of Jamberry Canada for Canadian provincial or federal tax purposes (including, but not limited to:
federal income tax withholding or reporting requirements, federal unemployment insurance and CPP deductions, the
GST/HST, and other like taxes, and provincial employment standards rules and workers' compensation legislation
purposes).
ONE NAME PER AGREEMENT
Jamberry Canada recognizes one name per Consultant Agreement. A Consultant may utilize a support person in her
business. However, the individual who holds Parties and has regular customer contact must be the individual whose
name is on the Consultant Agreement. Further, Jamberry only permits one Consultant per household. A husband and
wife, mother and daughter, or any other combination of individuals in a household may work together under a single
Consultant Agreement, but only one Consultant Agreement per household is permitted. If this applies to you, you
should determine in advance will be listed as the Consultant for purposes of commission payments and
communication with the home office who is only authorized to communicate with the individual listed on the
Consultant Agreement about the specific account.
BUSINESS ENTITIES
The Company will accept Agreements from partnerships, LLCs, or corporations so long as such business entities are
legally organized and recognized in Canada.
EXCLUSIVE TERRITORIES/SOLICITATION OF OVERSEAS BUSINESS
No franchise is granted and there are no exclusive territories for sales or sponsoring purposes. You may only arrange
for sale within Canada. You may not solicit business from other countries unless you have written approval from the
Home Office.
EXCLUSIVE PROMOTION OF PRODUCTS
You are an independent contractor, and the Company imposes no restrictions on any Consultant's participation or
sales activity in other businesses. However, promotion of other competitive business ventures is prohibited at
Jamberry Canada Home Parties or in communication with the Company's customers and any competing direct-sales
business (e.g. companies that offer finger or toe nail products as one of their offerings) is not allowed. Additionally,
should you advance to the Executive Career Title or above, active or public participation in any other direct-selling
venture is no longer permitted. Once you achieve the Executive Career Title for the first time, you will have three
months to wind down your active participation in other direct selling ventures. After the three month transition
period, Executives (or higher) will no longer be permitted to actively recruit for or market any other direct sales
company. This restriction does not prohibit you from belonging to or purchasing products from such direct sales
company. Violation of this policy will result in ineligibility to receive generational overrides, advancement, and
matching bonuses for a minimum of three months. An Executive will still be eligible to receive level overrides,
personal sales bonuses, fast start bonuses, and marketing materials credit. This policy is to ensure you have the time
commitment available to actively support and train your team. Please review the Compensation Plan for a complete
list of Career Titles. A copy of the Compensation Plan can be reviewed here: https://cdn.jamberry.com/v3/s3/jb-
prod-craft-assets/files/CompPlan_USCA_092515_WEB.pdf
ETHICAL CONDUCT
As a Consultant, you agree to conduct your business with the highest standards of honesty and integrity. You agree
to refrain from making negative, disparaging, untrue or misleading comments about the Company, its owners,
directors, officers, associates, other Consultants or any other direct-selling company or such company's products. You
also agree not to engage in any activities that may cause harm to the Company or any other Consultant. Failure to
conduct your business in accordance with this policy may result in action by the Company up to and including
termination.
LEGAL COMPLIANCE
All Consultants shall comply with all federal, provincial and municipal statutes and regulations concerning the
operations of their businesses. You are responsible for your own managerial decisions and expenditures, including
estimating income taxes. We recommend that you keep track of all your business expenses and speak with your
accountant about how your business expenses might affect your income tax return.
LICENSES
Some municipal governments might have ordinances that restrict the way you conduct your Jamberry business.
Contact your municipal government office to determine if any business licenses are required. Also, if you live in a
subdivision or condominium, check with your association to determine if there are any limitations on conducting
business activities in your home.
CONFIDENTIALITY
All lists of customers, your personal team, or other Consultants are proprietary property of the Company and
constitute a business trade secret. Jamberry Canada may make these lists available to you for the express purpose of
supporting you and your personal team to further develop your Jamberry business. You may use these lists only in
connection with your Jamberry business and for no other purpose. You must keep the lists confidential and must not
make the lists available to third parties or to use for any other commercial purpose. You agree that any wrongful
disclosure of the lists or the information on the lists will cause immediate and irreparable damage to the Company
and that the Company may pursue all legal remedies available against you if you violate this provision. This provision
will survive the termination of your Consultant Agreement.
NON-SOLICITATION
As an inducement to Jamberry Canada to enter into this Agreement and in consideration of the mutual covenants
contained herein, during the term of this Agreement and for a period of one year thereafter you shall not directly or
indirectly, on your own behalf or on the behalf of any other person or entity, solicit, induce or hire or attempt to
solicit, induce or hire any Consultant who sponsored you, in your upline, who you personally sponsored, or who was
on your team to terminate or alter her business relationship with Jamberry Canada.
NONCOMPETE
For a period of one year after the termination of this Agreement, you will not own or operate a multilevel social-
selling or direct-sales nail accessory business.
TRANSFERABILITY
Neither this Agreement nor your Jamberry business may be transferred or assigned by you or operated in partnership
with any other person. Jamberry Canada reserves the right to re-assign this Agreement at any time.
On a case-by-case basis, Jamberry Canada may allow a one-time transfer or your Jambery Nails business to a legal
entity owned by you.
INHERITANCE OF BUSINESS
A Jamberry Business may be inherited by a single person, a married couple or a trust which complies with Jamberry's
guidelines, pursuant to a valid will or other appropriate document, or in accordance with the intestacy laws of the
state or province in which the Jamberry consultant resides. A person who inherits an Independent Jamberry Business
must furnish the Company with proper documentation that he/she is the beneficiary and is authorized to represent
the estate. He/she must also execute an Independent Consultant Agreement, fulfill all of the functions of a
Consultant and abide by the terms of the Company's Policies and Procedures.
NEW CONSULTANT DEVELOPMENT
As a Jamberry Consultant, you may sponsor other Jamberry Consultants and build a team. Should you choose to
sponsor Consultants, you are responsible to provide adequate training and consistent communication to new
Consultants you Sponsor, just as you would want provided to you. A variety of tools exist to aid you in making your
training simple and effective. These tools include our weekly Consultant Newsletter, Compensation Plan, online
training materials and videos.
INCOME CLAIMS
The Competition Bureau and the Competition Act regulate claims regarding the amount of income that can be earned
under programs such as the Jamberry program. To avoid compliance issues with these laws, you may not make
income projections or disclose your own compensation when presenting the Jamberry program. Hypothetical income
examples that are used to explain the operation of the Compensation Plan and that are based solely on mathematical
projections may be made to prospective Consultants, as long as it is made clear that the examples are hypothetical
and not based on actual experience, and the Consultant shares at the time of the hypothetical examples, or within a
reasonable time thereafter, Jamberry Canada's Statement of Typical Participant Earnings.
To ensure full compliance with section 55 of the federal Competition Act (Section 55), Jamberry Canada strictly
prohibits Consultants from making representations relating to compensation or life-style (hereafter "Earnings
Representations") under the Compensation Plan, whether to a prospective Consultant or otherwise. Without limiting
the generality of this prohibition, and because Consultants do not have the data necessary to comply with the legal
requirements for making Earnings Representations under Section 55, a Consultant, when presenting or discussing the
Compensation Plan to a prospective Consultant, shall be strictly prohibited from, and shall not make or imply directly
or indirectly, any verbal, physical, electronic or other claims that amount or could amount to Earnings
Representations, and without limiting the generality of the foregoing, this prohibition shall include the making of
income projections, improved lifestyle claims, hypothetical income examples or disclosures regarding a Consultant's
own business income (including the showing of cheques, copies of cheques, bank statements, tax records, or other
similar demonstrative documents).
Furthermore, so that Jamberry Canada may meet its obligations under Section 55 to ensure that (a) no
representations relating to compensation under the Compensation Plan are made by participants in the
Compensation Plan and that (b) that any representations relating to compensation under the Compensation Plan that
may be made, constitute or include fair, reasonable and timely disclosure of the information required by Section 55,
any Consultants that has the reason to believe that this general prohibition against Earnings Representations is being
contravened by themselves or any other person, SHALL HAVE THE POSITIVE OBLIGATION to inform, and SHALL
INFORM JAMBERRY CANADA of the facts relevant to the contravention, such that Jamberry Canada is capable of
ensuring that any representations relating to compensation made under the Compensation Plan comply with the
provisions of Section 55, or are otherwise corrected.
LIMITED RIGHT TO MAKE INCOME CLAIMS, WITH TIMELY DISCLOSURE
Without limiting the general prohibition against Earnings Representations, or the reporting obligations set out above,
a Consultant shall have the following right(s):
(a) To repeat to prospective Consultants, any Earnings Representations found in official Jamberry Canada literature
or on the Jamberry Canada website, provided immediately providing fair, reasonable and timely disclosure of the
following official Jamberry Canada Statement of Typical Participant Earnings, substantially as follows:
Statement of Typical Participant Earnings
The primary source of income of a Typical Participant in the compensation plan (the "Plan") of Jamberry
Canada Ltd. ("Jamberry Canada") is from compensation for the service of arranging for the sale of products.
Personal earnings will vary. A Participant in the plan is defined as an Independent Consultant who actively
engages in the activities necessary to realize the benefits of the Plan (i.e. earning a least four monthly
cheques annually). Typical Participant means a Participant engaged in the Plan for at least one year. A
Typical Participant in the Plan earns between CAD $36 and $998 annually.
Please note that these earnings are estimates and have been derived from the earnings experience of
Jamberry Canada's U.S. parent company, which operates similar and comparable compensation plans,
selling comparable products in the United States and worldwide. These earnings estimates will be reviewed
after 6 months of operation of the Canadian Plan, and updated at that time with compensation actually
received by typical participants in the Canadian Plan. After one year, this Statement of Typical Participant
Earnings will be updated again, and then updated annually thereafter.
For greater certainty, the "Lower" and "Upper" Range information shall be provided by Jamberry Canada on
its website and in other published materials, from time to time, to properly reflect the earnings of a typical
participant in the Canadian Plan, from time to time, and as otherwise required by section 55 Competition
Act, and must be used by the Consultant in connection with the fulfillment of its obligations under this
section.
(b) To make hypothetical income examples to prospective Consultants that are used to explain the operation of the
Compensation Plan, and which are based solely on mathematical projections of information set out in the
Compensation Plan, provided that in using such hypothetical examples the Consultant also immediately provides fair,
reasonable and timely disclosure of the Statement of Typical Participant Earnings, and makes clear to the prospective
Consultant(s) that such prior income examples are hypothetical.
REMOTE SPONSORS
When sponsoring long-distance, Sponsors are strongly encouraged to provide training support and recognition to
their sponsored Consultants. Using notes, handouts, video and Skype during team meetings are effective ways to
include remote Consultants in place of live, local training and/or meeting attendance. The Sponsor is encouraged to:
• Meet Minimum Leadership Support Requirements (see p. 17 Leadership Support Practices)
• Provide all training and support via phone, e-mail, or other effective communication methods or
technologies.
• Arrange with a Consultant in her remote area to have the remote Consultant attend a training session, if
available.
CROSS SPONSORING
Cross sponsoring is strictly prohibited. Cross sponsoring is defined as the sponsorship of an active Consultant or a
terminated Consultant who has been active within the preceding six months within a different line of sponsorship.
This includes the use of a spouse or relative's name or assumed names to circumvent this policy. You may not
demean, discredit or defame other Consultants in an attempt to entice a Consultant to become part of your
sponsored group.
SPONSOR REASSIGNMENT
To protect the rights of all Consultants who work hard to sponsor and mentor others in the business, the Company
prohibits the transfer of a Consultant from one Sponsor to another except under certain situations which are listed
below. As a general rule, Consultants are responsible for their own success. Additionally, the Jamberry organization is
structured to give each consultant access to multiple layers of support from their upline, making a difficult or less
responsive sponsor a less significant hurdle to a consultant's progress. All requests will be denied except as listed
below.
RELEASE OF TEAM
If a consultant no longer desires to maintain a team, she may change her website billing to a hobbyist and her team
will compress up at the next hobbyist compression date.
IMPROPER INITIAL ASSIGNMENT
At the time a new Consultant signs up through the Jamberry website and encounters technology issues, which
assigns them to a sponsor they did not intend to sign under, the Consultant must contact the support department
within 5 days from their sign-up date to be reassigned to the sponsor they initially intended. The original sponsor will
be contacted to verify the mistake.
LEGAL ACTION
A sponsorship change will be permitted in the event a sponsor or her enrollee has a legally binding restraining order
against the other, a police report has been filed involving threats of violence by one against the other, or any
similarly binding legal document from a governmental court or law enforcement agency would suggest no contact
should occur between a sponsor and enrollee.
MINIMUM LEADERSHIP SUPPORT REQUIREMENTS
As a Jamberry Sponsor, you are expected to:
• Actively practice the Jamberry Values as described in this Agreement (see PRACTISING THE JAMBERRY
VALUES).
• Exemplify the cornerstone of Jamberry leadership by maintaining an active and consistent home Party
schedule.
• Actively engage in goal setting and mentoring with the new Consultant.
• Offer training to the new Consultant by phone or in person within 1 week of the new Consultant signing
up to be a Jamberry Canada Consultant. The sponsor should offer several reasonable time slots and be
prepared for the training.
• Allow any new consultant in your downline to attend a Home Party that you are leading or that someone
else on your team is leading within 45 days of the new consultant's activation. Remote Sponsors who live 70
kilometers or more away from you should be supported by phone.
• Return phone calls or e-mails within three business days unless you have pre-notified your downline of
vacation during which you will be unavailable.
• Attend planned meetings and trainings for which you did not call in advance to reschedule or cancel.
• Communicate with your downline monthly by e-mail, phone or in-person meetings to check in with the
downline on business goals and progress.
• Disseminate information from the Home Office to your downline in a timely manner.
NO PRODUCT PURCHASE REQUIRED
There is no financial or product purchase requirement to become a Consultant or to enter, maintain, or advance in
the Compensation Plan. In order to familiarize new Consultants with the Company products, sales techniques, sales
aids, and other matters, and for the sole purpose of facilitating sales, Consultants are required to pay a registration
fee which includes a Starter Kit. The Company also requires that each Consultant maintain a personal website and
back-office workstation, so the Consultant can have visibility into her performance and that of her team. The
Company sells the Starter Kit to new Consultants and makes the Consultant website and back-office workstation
available to new Consultants at or below its cost price. Any products Consultants choose to purchase, including the
Starter Kit, personal website access, and the Business Supplies may be returned for refund under the terms of the
"Buy-Back Policy" below. The Starter Kit does not contain any commissionable products and any products
Consultants choose to purchase in connection with becoming a Consultant are optional.
ANNUAL RENEWAL OF CONSULTANT AGREEMENT
Renewal dates will be the last day of the month one year following the month of the Consultant's start date. If a
Consultant has a start date of November 2011, her renewal date and renewal payment due date, if any, is the last
day of November 2012; i.e. November 30. Consultants will automatically be renewed for a year if they are in good
standing under these Policies & Procedures, have a minimum of 600 PRV in the previous 12 month period (see
Cancellation on p. 9), are maintaining a Personal Website, and are current in the payment of any personal website
fees, and agree to any updated Consultant Agreement. There are currently no fees to renew this agreement,
provided however, that the Company reserves the right to change this practice in the future. Any such fee would be
at or below the Company's cost for providing Consultants with services to facilitate sales including updated official
Company materials. Any renewal fees may be subject to taxes in accordance to federal and provincial law and must
be paid in currency (business credits may not be applied).An annual renewal fee, if any, is subject to change in the
future without prior written notice.
If a renewal fee is required, Consultant must pay her renewal fee online and agree to the latest terms in the
Consultant Agreement. Payment of this fee will constitute an agreement to the terms of the latest Consultant
Agreement and allow the Consultant to remain as a Jamberry Consultant for an additional 12 months, until the next
renewal date. If no renewal fee is required, then Consultant's continuing to sell Jamberry products or services shall
constitute the Consultant's agreement to the latest Consultant Agreement and Policies & Procedures. Failure to pay
the annual renewal fee, if any, by a Consultant will result in the termination of the Consultant Agreement on the first
day of the month following the renewal month.
PERSONAL WEBSITE ANNUAL/QUARTERLY/MONTHLY RENEWAL
A Consultant is required to create a Personal Website and to have access to the Consultant back-office workstation
when she first signs up as a Consultant. The cost of this service for your join month plus the first three full calendar
months after your join month are included in the new consultant registration fee. On the first day of your fourth full
month as a consultant, the credit card on file will be charged for either a monthly fee of twelve dollars (Cdn $12), a
quarterly fee of thirty-two dollars (Cdn $32) or an annual fee of one hundred fifteen dollars (Cdn $115) depending on
which option you've elected. The Personal Website Fee will be automatically charged either monthly, quarterly, or
annually without further notice. Your Personal Website Fee must be current to qualify for monthly commission
payouts. Your workstation will provide an option for you to select the frequency of your payment and to select your
preferred payment method. The Personal Website is provided to you at the Company's cost.
Any Consultant with a Career Title of Executive or higher will receive their Personal Website for no charge. No
refunds will be offered to any Consultant who achieves the rank of Executive or higher during any period in which
they have already paid for the Personal Website (whether monthly, quarterly, or annually). Refunds for the Personal
Website will be provided according to the Company's Buy-Back Policy.
TERMINATION OF CONSULTANT AGREEMENT
The following terms are used to describe a termination of the Consultant Agreement:
SELF-TERMINATION
You may voluntarily terminate the Jamberry Canada Consultant Agreement at any time and for any reason by
submitting a support ticket or email to [email protected]. Consultants who resign must also notify their
upline Consultant and any downline Consultants of their resignation.
CANCELLATION
Cancellation means a loss of Consultant status and all Consultant benefits including product discounts, credit,
Company mailings, eligibility for Consultant contests, events and incentives, as well as the loss of all downline
Consultants and commissions. All canceled Consultants' downlines will compress to the next qualified Consultant, in
accordance with our policy on "Compression" in the Compensation Plan, during the following calendar month. The
Consultant Agreement may be canceled:
1. As a result of the Consultant's resignation.
2. At the conclusion of the initial term or any renewal term without notice.
3. At the death or retirement of the individual Consultant (see "Inheritance of Business" on p.13).
4. Immediately upon relocation and change of the Consultant's permanent residence outside of Canada.
HOME OFFICE TERMINATION
The Company may terminate the Consultant Agreement with any Consultant at any time and for any reason by
notifying the Consultant in writing of our election to terminate. The Company may immediately terminate this
Agreement without notice in the event of the Consultant's death, insolvency, assignment for the benefit of creditors,
or misrepresentation in or breach of any provision of the Agreement, violations of policies as herein defined.
The Home Office may also terminate the Consultant Agreement if there has been a breach of any term of these
policies, the plan or the Consultant Agreement, by the Consultant. Upon termination, the Consultant will have thirty
days from the date of termination to provide a written request to Jamberry Canada via email
at [email protected] for a refund of any pre-paid Personal Website fees for months which have not yet
passed. Upon receipt of such request the Company will refund any such pre-paid, but unused amounts, to Consultant
within ten business days of such request. If Consultant fails to make such refund request within the time specified
above, any such pre-paid Personal Website fees shall be forfeited to the Company. For purposes of this Agreement, a
"breach" shall include, but not be limited to, any actions by the Consultant which, in the Company's sole discretion,
the Company believes:
1. The Consultant discredits the Company's name, goodwill or products,
2. Breaches any provision contained in this Agreement, or the New Consultant Start-up Guide;
3. In any way misrepresents the Company's products or business opportunity.
The Company shall notify the Consultant by e-mail of the Home Office Termination at the latest email address listed
with the Company for the Consultant. If the Consultant Agreement was terminated by the Home Office, the
Consultant may not reapply.
EFFECT OF TERMINATION
Terminations of the Consultant Agreement are effective immediately on the date of termination of the Consultant
Agreement by the Consultant or the Company or Deactivation. Upon termination of the Consultant Agreement for any
reason, your personal group will compress as per our policy on Compression. In addition, you will lose any gift
certificates, Product Credits and Business Supply Credits that you have earned. You will receive legitimately earned
commissions only for the last full payment period you were active prior to termination.
In the event that you should choose to become a Consultant again, the Company may accept or reject your
application for any reason at its sole discretion. If your application is accepted, you must start at the beginning
Career Title of Consultant.
EVENTS UPON TERMINATION OF THIS AGREEMENT
YOU WILL:
1. Within five days of termination pay all amounts due and owed to Jamberry Canada;
2. No longer have the right to offer or arrange sales of Jamberry products or services and you must cease
representing yourself as a Jamberry Canada Consultant immediately; and
3. Be ineligible to receive any unaccrued compensation or benefits as a Consultant.
You will cease use of Jamberry Canada Intellectual Property and Confidential Information and will cease holding
Home Parties, trade shows, presentations or otherwise displaying, offering for sale or arranging for sale of Jamberry
products. If you offer for sale or arrange to sell Jamberry products in violation of the foregoing sentence, Jamberry
will be entitled to recover from you Cdn $5,000 as liquidated damages without having to prove actual harm.
If requested by Jamberry Canada, you will return all Confidential Information to Jamberry Canada. You may return to
Jamberry Canada unsold Jamberry products purchased within thirty days of pursuant to the Buy-Back Policy below,
provided that the products are in resalable condition, not discontinued, and are returned with shipping charges
prepaid and insured for their full value during shipment, and Jamberry will reimburse you according to the Buy-Back
policy set forth below. If you decide to return any unsold Jamberry Products, Jamberry reserves the right to offset
any amounts returned to you against previously paid commissions or other rewards. The net refund will be issued
within four weeks from receipt of the returned product.
BUY-BACK POLICY
A Consultant may return any Starter Kits and marketing materials/business supplies that she personally purchased
from the Company during the previous year at any time.
1. Starter Kit
The Consultant Starter Kit may be returned within one year of purchase and is eligible for a refund of up to
90% of the purchase price. The Starter Kit must be returned in its entirety; all contents of the Starter Kit
must be unopened and all items must be unused and in resalable condition in order to receive a refund. The
Starter Kit must be returned to the Home Office via registered mail. A trackable and/or insured (insured for
approximately Cdn $200) shipping method should be used, as Jamberry Canada will not be responsible for
lost shipments. The original shipping and handling fees are not eligible for refund.
Opened Starter Kits will be prorated to the resalable value. Damaged or used items may not be returned.
2. Business Supplies, including those wholesale purchases purchased separately from the Starter Kit
Jamberry Canada offers business supplies and promotional materials, as well as wholesale product, for your
convenience. However, these items are not required to conduct business and may be purchased at your
option. Nevertheless, business supplies and promotional materials may be returned to Jamberry Canada
within 90 days of purchase for a refund of up to 90% of the purchase price, excluding any printed materials
like catalogs, host join brochures, etc., provided that the business supplies and promotional materials are
unopened , unused, and in resalable condition. If you choose to return such business supplies and
promotional materials, you are responsible for the cost of the return shipment and insurance to cover the
shipment. All such returns should be shipped by a trackable means and should be insured for at least the
retail value of the items being returned. Original shipping and handling fees are not eligible for a refund.
3. Personal Website
You may cancel any services contracts or arrangements you have purchased including personal website for
a refund for any reason, (i) provided written notice (the "Cancellation Notice") is provided to Jamberry
Canada, specifying the specific service(s) subject to cancellation (the "Cancelled Service(s)"). Refunds will
be provided for the Cancelled Service(s) pursuant to the policies below. In no circumstances shall you be
refunded for amounts paid in respect of Cancelled Service(s) in any month PRIOR TO the calendar month in
which the Cancellation Notice is delivered. Note however, that if you cancel your personal website
subscription, you will not be eligible to receive commissions or overrides under the plan.
4. Product Inventory Purchases
Consultants may purchase retail products in advance as inventory to sell to the Consultant's customers.
Jamberry pays retail commissions on such Consultant inventory purchases. Inventory may be returned to
Jamberry within 90 days of purchase for a full refund. After the 90 day return period, inventory may be
returned for product credit, but is not eligible for a cash refund except in the event of consultant termination
or resignation. Upon or after resignation or termination, any inventory within a year of the purchase date
may be returned for a 90% refund. Sales Tax will be refunded at 90% for any items being returned upon
termination or resignation. Eligible refunds will be less any commissions and overrides paid to consultant
that are related to the inventory being returned, provided that the inventory is unused and in resalable
condition. If you choose to return inventory, you are responsible for the cost of the return shipment and
insurance to cover the shipment. All such returns must be shipped by a trackable means and must be
insured for at least the retail value of the items being returned. Original shipping and handling fees are not
eligible for a refund.
COMPRESSION
Compression occurs when a Consultant who has sponsored a team is either canceled or her Consultant Agreement
has been terminated.
At the time of a Consultant's Cancellation or Termination of the Consultant Agreement, every Consultant below her
will immediately be compressed up to the next active Consultant with a full functioning, not hobbyist, website in the
cancelled or resigned Consultant's upline.
If a Consultant that was paid-as an Executive or higher in the last four periods is canceled (whether voluntarily or
involuntarily), their downline will only be compressed up under the following conditions:
1. If their Personal Sponsor has been paid-as an Executive or higher at least once in the last four periods,
then the downline will immediately be compressed up.
2. If their Personal Sponsor has not been paid-as an Executive or higher at least once in the last four
periods, then they will be given the following six periods to be paid-as an Executive or higher at least twice.
If the Consultant promotes to Executive in the last of the six month period, then they will be given the
following period to qualify as an Executive again (to meet the 2 periods of being paid-as Executive or
higher).
a. If the Personal Sponsor qualifies under these conditions, then the downline of the canceled Consultant
will be compressed up upon the completion of the qualifications.
b. If the Personal Sponsor does not qualify under these conditions, then the position of the canceled
Consultant will remain permanently vacant.
REACTIVATION POLICY
If a consultant resigns they may request reinstatement at any time and, if approved, will be reinstated under their original sponsor. Their downline organization will not be reinstated nor their previous title. They will be considered a new consultant for all intent and purposes. If a consultant wishes to join under a different sponsor, they must wait for a minimum of six months and purchase a new starter kit after termination before reapplying and will start as a new consultant, without their former downline and title. A Consultant who wishes to reactivate must contact Support at [email protected].
A Consultant who is cancelled because they did not achieve 600 PRV within a rolling 12 month period may not
reactivate at any time. They must wait for a minimum of six months and repurchase a new starter kit after
cancellation and will start as a new consultant without their former downline and title.
Consultants who were terminated by the Home Office may not reactivate at any time, except with the express
consent of the Home Office. The Home Office reserves the right to deny a request for reactivation.
TEAM MANAGER LEVEL RESPONSIBILITIES
Consultants who achieve the Team Manager pay level may be asked to sign an Addendum to the Consultant
Agreement. Please note that the Addendum will be provided to Consultants for their review prior to the completion of
Home Office's standard month-end checks and processes that confirm all promotion levels. If it is determined that a
Consultant did not achieve Team Manager pay level in the preceding month, that Consultant will be contacted by
Home Office and need not execute the Addendum. Consultants must submit the signed form to the Home Office
within 15 days after the month of advancement. (For example, if you advance to the next level on March 28, you
must submit the Addendum on or before April 15 to be paid as a Team Manager in April). Consultants who do not
execute the Addendum at the time of advancement can choose to execute the Addendum at any time in the future,
provided they allow 30 days advance notice. (For example, a Consultant who signs the agreement after the 15 days,
on April 16, will not be paid at Team Manager until the following month, May.) Consultants can opt out of the Team
Manager's Addendum by sending an email to the Home Office at any time. Please allow up to 30 days to process the
request. Consultants may only execute the Addendum once during a 12 month period. The purpose of the Addendum
is to commit Consultant's with the Career Title of Team Manager or above to additional leadership requirements and
expectations, among other things.
COMMISSIONS POLICY AND PAYOUT TIMELINES
Consultant commissions, bonuses, rewards, and titles are based upon the Jamberry Canada Compensation Plan
which is incorporated into this Agreement by reference. Please review the Compensation Plan for complete details, a
copy of which can be reviewed here: /uploads/cms/docs/CompPlan13_Can.pdf ].
• Commissions on your personal retails sales are paid based on the retail value of the products sold. All
other commissions, overrides, and bonuses, are based on the commissionable amount of the product.
• Commissions do not apply to the sale of Consultant-only items (e.g. Starter Kit, business supplies,
promotional items, etc.).
• A commission of 30% will be paid weekly by 11:59 p.m. PT each Friday for your personal retail sales
completed during the period from Wednesday at 12:01 a.m. through Tuesday at 11:59 p.m. PT, i.e. the
period ending three days before the commission is paid out. All personal sales bonuses, level overrides,
advancement bonuses, matching bonuses and generational overrides will be paid monthly on or before the
10th of the month as described below. If you are receiving your payments by check (and not ProPay) your
personal retail sales commissions will be paid monthly, not weekly.
• End-of-Month Payout: All sales bonuses, level overrides, generational overrides, and other payments will
be paid monthly. Your end-of-month payout will be deposited on your card, on or before the 10th of the
following month . If the 10th falls on a weekend or holiday, the commissions will be paid on the next
business day.
• From time to time, we put items on sale at a promotional discount. These special sale items are
commissionable on the sale price of the item and not the regular retail price.
• Marketing Materials Credit, if earned, are credited within 5 to 7 business days after the commission period
(see chart on p. 39).Please do not call to inquire before this time has passed. Promotions occur after the
first of the month following the month when all qualifications are met. Fast Start Rewards are issued weekly
and are typically paid within five business days of when they are earned.
• If you have any issues or discrepancies with your commission report, they must be reported by the end of
the calendar month following the month for which the commission was issued. For example, if you have a
concern about September's commission, which you would have received by October 10th, you must report
that issue to the Home Office by the end of October of that same year. Issues reported after that timeline
will not be researched or adjusted. Send your requests via email to [email protected].
• Online earnings reports list the amount of the commissionable product your downline has ordered each
month. If overpayments are made, amounts will be deducted from future payouts.
• If you elect to not be paid your commissions via the ProPay Debit Card, then your commissions will be
issued by cheque. Commissions paid by cheque will incur a Cdn $2.50 per cheque processing fee.
• Commissions payable by cheque are issued only if Cdn $30 or more is due. Commissions totaling less than
Cdn $30 will be added to the next month's commission and issued when accumulated commissions total
more than Cdn $30.
• If you fail to renew your Consultant Agreement due to inactivity or failure to meet minimum sales
requirements, or if your Consultant Agreement is terminated, you will receive bonuses and commissions
only for the last full pay period prior to the termination (less any amounts withheld during an investigation
preceding an involuntary termination).
• A Consultant is a self-employed, independent contractor of Jamberry Canada. As the Consultant is not an
employee of Jamberry, the Company will not issue the Consultant Form 2200, "Declaration of Conditions of
Employment". Instead, Jamberry Canada will only issue a T4A form to every Canadian Consultant who earns
Cdn $500 or more during the previous calendar year. By the last day of February of each year, Jamberry
Canada will issue to each Consultant a T4A form for the previous calendar year. The Consultant will have to
report the income from her Jamberry Canada business on Form 2125, "Statement of Business or
Professional Activities". Because the Consultant is self-employed, she may be able to deduct certain
business expenses. Each Consultant should discuss this with her tax advisor and/or contact the Canada
Revenue Agency for more information at www.cra-arc.gc.ca.
RECRUITMENT FEES PROHIBITED
To ensure compliance with the Competition Act, Jamberry Canada strictly prohibits Consultants from giving
"consideration for the right to receive compensation by reason of the recruitment into the plan of another participant
in the plan who gives consideration for the same right". While Consultants have the right to sponsor other
Consultants, the Company does not pay any bonuses, commissions or other remuneration, or allow Consultants to
make similar payments, for mere sponsoring/enrolling.
A Consultant understands that there is only one revenue generating event for her, namely the service of arranging
for sale of Jamberry Nails products to retail customers, and acknowledge that all commissions and other
remuneration (including overrides, bonuses, incentives and awards) shall be paid solely as a consequence of a
Consultant's supply of the services of arranging for same and any voluntary training, motivation and marketing
efforts related to same shall be construed as incidental thereto.
A Consultant's remuneration will be paid solely as a consequence of a supply of the service of arranging for the sale
of Jamberry Nails products to retail customers. No remuneration (including overrides, bonuses, incentives and
awards) shall be paid to anyone for the mere sponsorship or enrollment of any other Consultant, or for any other
reason. A Consultant is strictly prohibited from making or representing that compensation is payable for anything
other than arranging for the sale of goods to retail customers.
ACCOUNT HOLDS
Jamberry Canada may, at its option, place a Consultant's account on hold for money owed to Jamberry Canada or for
violation of other policies listed in these Policies & Procedures. If an account is placed on hold, the Consultant may be
prohibited from placing orders, receiving all or a portion of commissions, registering for Conferences or other
corporate events or obtaining other Consultant benefits until the account is current and/or all Policy and Procedure
violations are corrected; or, if the Consultant is in a requalification period, until the requalification period has expired.
SUSPENSION OF CONTRACTUAL OBLIGATIONS
In certain circumstances, Jamberry Canada may agree to allow, as a matter of contract, a Consultant to suspend
their contractual obligations to the Company, on the grounds of maternity or other personal leave issues, provided
the total time during which the contractual obligations remain suspended does not exceed three (3) months in any
one twelve-month period. Consultants may elect to take a leave of absence once every twelve months. The twelve-
month period for testing to determine eligibility for suspending the Consultant Agreement begins at the end of the
last month of any prior leave taken, if any. To request suspension of their contractual obligations, Consultants can
notify Jamberry Canada by e-mailing [email protected].
If a Consultant has earned the rank of Premier Consultant or below for two of the three months prior to requesting
suspension of her contractual obligations and provided the Company agrees to such suspension of contractual
obligations, the Consultant's account will be placed on hold during this suspension period. The Consultant will not be
required to meet the PRV requirements to stay active or to maintain a team. During the suspension period, however,
the Consultant will not be able to access their account, place orders, or receive any form of commissions.
If a Consultant has earned the rank of Team Manager or above for two of the three months prior to requesting
suspension of her contractual obligations and provided the Company agrees to such suspension of contractual
obligations, the Consultant's account will not be placed on hold. Rather, the Consultant will have access to the
Consultant Workstation and personal website during the suspension period. The Consultant will be able to make and
receive retail orders and be paid on persona retail commissions only. The Consultant will not be required to maintain
the PCV requirements needed to remain active or to maintain a team. Jamberry Canada reserves the right to review
requests for suspension on a case-by-case basis to insure that the suspension of contractual obligations policy is not
abused.
CORPORATE MARKETING, LEADS AND ASSIGNMENTS
Jamberry Canada makes a considerable investment in building our general brand and driving awareness that will fuel
all of our Consultants' businesses. Our corporate marketing and public relations efforts are intended to attract new
potential customers and Consultants, which ultimately benefits every Jamberry Canada Consultant.
OUR PHILOSOPHY
1. For building a great social selling business, there is no substitute for leveraging YOUR social network. Home Office
leads should not be expected and are not a way to build a personal business. We do general marketing like press and
events because we know that you can then show this media coverage to your network of people and build
excitement.
2. Our lead and assignment program has been designed to provide customers with the best possible local
experience. By honoring the customer, we believe we build the best business for all Consultants. The Home Office
will allocate Leads and Assignments with the utmost integrity to Consultants whom we deem to be exemplary
members of the Jamberry Canada team and who we believe will provide the best support and leadership to our
customers and new Consultants.
a. A "Lead" means a request made by a customer for more information about Jamberry Canada, interest in
hosting a home party or learning more about the opportunity to become a Consultant.
b. An "Assignment" means a new Consultant who have signed the Consultant Agreement but has not
indicated a Sponsor.
3. We do not make exceptions to this program and we are under no obligation to provide history or explanations for
our Lead and Assignment allocations.
Jamberry includes consultants with full-functioning, not hobbyist websites, in search results as follows:
• Lead Consultants and above will be populated under the JOIN Zip Search
• Consultants must have had a $300+ party anytime in the last two months to be populated under the
HOST search option
• All consultants with any sales within the previous two months are part of the SHOP search option
• All consultants are part of the NAME search option
The corporate marketing and public relations efforts will primarily direct potential customers/ Consultants to our
official corporate website, www.jamberry.ca. While on the official corporate website, the potential customer or
Consultant may learn more about products and Consultant opportunities. The following are examples of qualifications
that Jamberry Canada may require for Leads and Assignments. In general, most, but not all, Leads and Assignments
will be given to a Consultant who:
• Embodies the core values of Jamberry Canada and is an exemplary member of the Jamberry Canada
community.
• Has a full-functioning, not hobbyist, Jamberry Canada Personal Website.
• Has earned the pay rank of Lead Consultant or above in the previous month for leads interested in
learning more about the Consultant opportunity.
• Has qualified in the previous month for leads interested in hosting a Home Party.
• Has sponsored one new Consultant and performed the leadership support practices.
Jamberry Canada has the right to transfer any Consultant who was a Corporate Lead to another team if the Home
Office determines the Consultant is receiving inadequate coaching as per the leadership support practices.
The Company encourages a Consultant to advertise her personal website in online blogs, social media sites, and
other commercial websites as much as possible to drive online sales. However, please note that we have specific
rules around online advertising that include:
• Compliance with our advertising and online policies. When you market your business, always refer to
yourself as a Jamberry Canada Independent Consultant to eliminate confusion between your personal
website and the official Jamberry Canada website. You may never sell your products on any site other than
Jamberry Canada (this includes eBay, Etsy, or other auction sites).
• You may not create search engine marketing campaigns (this includes Google AdWords) as it directly
competes with Jamberry Canada's official website and any advertising placements we are running.
• On Facebook, please keep your paid advertising local and remain within 100 miles of your home.
• You may not offer blanket discounts in your ad as per the policy on Blanket Discounts (see BLANKET
DISCOUNTS).
TAXES
INCOME TAX
As a self-employed professional, it is up to you to maintain complete records regarding your income and expenses.
This will greatly assist you when calculating your taxes every year. There are many tax benefits that can be available
to self-employed individuals, and everyone should consult their own tax advisors concerning how the benefits may
apply to each individual case. Visit the Canada Revenue Agency ("CRA") website ( at www.cra-arc.gc.ca)or call 1-
800-959-8281 for more information.
The CRA requires the Company to send a T4A form to every Canadian Consultant who earns Cdn $500 or more
during the previous calendar year. By the last day of February of each year, Jamberry Canada will issue each
Consultant a T4A form for the previous calendar year.
As a Jamberry Consultant, you are an independent contractor to Jamberry, not an employee. Because of this
distinction, you are self-employed for income tax purposes. You will report your commission income on Form 2125,
"Statement of Business or Professional Activities." As a self-employed individual, you may have significant advantages
in deducting certain business expenses. Examples include home office deductions, business use of your auto, home
computer usage and travel and entertainment expenses. We strongly recommend that you talk with your own tax
advisor to learn how the tax laws apply to your Jamberry business.
Throughout the year, keep all of your receipts for income and expenses in one place. Designate a folder for
paperwork and don't forget to write down mileage that you've traveled in order to conduct your Jamberry business.
This will make it much easier for you to calculate your tax return at the end of the year.
SALES TAX
You will not be treated as an employee for purposes of the GST/HST, QST, PST and other like sales taxes (including
any future harmonized sales taxes). If we are required to charge any such taxes in respect of our supply of goods or
services to the Consultants or to our direct retail customers, we will collect and remit these taxes in respect of our
sales as appropriate. However, we are not responsible for collecting or remitting any sales taxes on your behalf. You
are responsible for collecting and remitting all applicable local, provincial, and federal sales taxes, and for all other
federal or provincial tax compliance obligations imposed on your business, although, as set out below, we may at our
discretion enter into sales tax collection agreements with the federal and provincial taxing authorities.
COLLECTION AGREEMENTS/ARRANGEMENTS
Notwithstanding the foregoing, we reserve the right to enter into sales tax collection agreements with the federal and
provincial taxing authorities which could relieve you of the burdens of charging, collecting or remitting sales taxes
(including GST/HST, QST and applicable PST). Where applicable, we will notify you of the implementation of such
agreements, and will charge and collect sales taxes accordingly.
Where we choose to enter into a sales tax collection agreement, you agree that we may jointly elect on your behalf
to have the applicable procedures, including section 178 of the Excise Tax Act, apply where approval has been
granted by the applicable tax authority.
Where we have been approved to operate under any such agreements, you agree to follow the appropriate
procedures.
EXEMPT SALES
If you're offering or arranging for sale of products to a tax-exempt organization, we can refund the tax from the
order.. The organization will need to provide satisfactory evidence of its entitlement to the tax exemption and a Sales
Tax Refund form (/uploads/cms/docs/SalesTaxRefundRemittance_040314.pdf) to [email protected]. For
more information about sales to tax-exempt organizations, please contact Jamberry Canada.
INSURANCE
As an independent business owner you are responsible for providing general liability insurance coverage for your
business. We highly recommend contacting an insurance agent and obtaining general liability insurance for your
business. Consider speaking with your insurance agent about whether or not you need coverage for a small and/or
home- based business. If you are using a vehicle for your business, you can you also discuss auto insurance.
Jamberry Nails does have a comprehensive liability insurance policy that covers any and all product liability claims
against the Company. If you have a vendor event and the organizer requires proof of our product liability insurance
or requires the event organizer to be listed as an additional insured on our policy, please email
[email protected] at least 30 days prior to your event so that we can make the necessary arrangements.
ADVERTISING, PRESS, TRADEMARK AND PUBLIC IMAGE PROTECTION
REPACKAGING OR RELABELING
Because repackaging could violate laws or result in civil liability, all products must be sold in their original packaging
only and may not be altered. Offering or arranging sales of half sheets of nail wraps is strictly prohibited and will void
the warranty.
TRAINING MATERIALS
Consultants may not produce, distribute or sell DVDs, videotapes, audiotapes and other training materials bearing the
Company brand and name. If you have suggestions for training material, please submit your ideas to the Home
Office by e-mailing [email protected].
LIABILITY
1. Jamberry Canada cannot guarantee or in any way be responsible for Jamberry products purchased from
sources other than Jamberry Canada.
2. Jamberry Canada cannot guarantee or in any way be responsible for products that are not officially part
of the Jamberry Canada product line.
3. Jamberry Canada cannot guarantee or in any way be responsible for products that have been imprinted
with the Jamberry trademark by sources other than Jamberry Canada.
4. Jamberry Canada cannot guarantee or in any way be responsible for products that are used or applied in
a manner inconsistent with the stated intent or instructions of Jamberry Canada.
5. Jamberry Canada cannot guarantee how a customer's nails will react to its nail wraps. If you or a
customer notices that the nail wraps are causing dryness or damage to the nails, please follow the removal
instructions, follow industry nail care advice, and wait three weeks before applying a new set of nail wraps.
TRADEMARKS
1. Consultants' duplication of Jamberry trademarks or service marks is prohibited. Examples of Jamberry
trademarks include, but are not limited to, Jamberry, or the Jamberry logo. Display or sales of Jamberry
product in retail or service establishments of any kind are inconsistent with the purpose for which the
trademarks are registered.
2. When reproducing the Jamberry logo, it must not be altered in any manner or form.
Jamberry Consultants may not duplicate the Jamberry trademark for private use or for the intention of
offering or arranging sale of non-Jamberry products to others (See Branding and Logo Usage
Guidelines /uploads/cms/docs/BrandingLogo%20Usage%20Guidelines_Jamberry-043014.pdf)
ADVERTISING AND PRESS
You may advertise in local publications and online, but must make sure your advertisement is accurate, professional
and not misleading in any way. You must always list your Jamberry Canada personal website address and use only
official Jamberry logos and images. If you list contact information, you must identify yourself as an Independent
Consultant so that there will be no confusion that you represent the Home Office. You may advertise sponsoring
opportunity events, home parties or any other Jamberry Canada events you choose. You may not run advertisements
that feature specific products for sale or blanket promotions (please review our policy on blanket discounts).
PRESS CONTACTS AND LEADS
The Home Office and our public relations firm are the primary points of contact with any and all journalists, top-tier
bloggers*, editors, celebrities and large-scale fashion and beauty influencers on behalf of Jamberry Nails. Any
Consultant wishing to contact any of the aforementioned press or media entities, even if they are hyper local, is
required to contact the Home Office Marketing Department first. We may already be working with them, and if we
are not then we can work with you to further your goal in working with them while ensuring you are compliant with
our policies and procedures regarding these relations. Please direct any and all questions and media inquiries
*Top-tier bloggers include any blog that has a reach/following of 5,000+ people. If you are contacted with a blogger
that is classified as a top-tier blogger, please forward their message and contact information
MEDIA PROMOTIONS
The Home Office initiates all television, cable TV, radio, Internet, newspaper, newsletter and magazine interviews,
features and paid advertisements. Jamberry Consultants may not initiate, authorize or implement national or regional
media publicity. Consultants, however, are encouraged to initiate/implement local media interviews.
All interviews with the media must be handled through the Company Marketing Manager. Whether the media outlet
pursues you or vice versa, you must inform the Company before the interview is conducted (no exceptions). Contact
the Home Office Marketing Department immediately and refer the reporter/writer to our public website for contact
information. If you are approached by a member of the national media about contributing to a story, you must refer
her or him to the Company immediately. Contact [email protected].
The Company requires Consultants to list the Jamberry Canada web address in addition to any personal contact
information. The Company must approve proposals for regional or national media promotions in advance. Look online
in the Consultant Workstation for high-resolution logos and advertising guidelines.
PHONE LISTING POLICY
A business phone number may be listed in the following manner:
Name, Career Title with Jamberry Canada
Independent Consultant
Address
Phone Number
CHEQUING/CHARGE ACCOUNTS
Jamberry Consultants may not use the trademark or trade name Jamberry on bank accounts, credit applications with
local suppliers or other business forms. Chequing accounts can simply be designated as "Business Accounts." Or, if
you need to list a business on your chequing account, credit application or other form, use your name and "Jamberry
Independent Consultant." The intent of this is to avoid any implication that a Consultant business is the Corporate
Office.
ONLINE COMPLIANCE
Jamberry Canada builds our brand for the general benefit of all Consultants. Thus, our trademarked brand name
cannot be used to drive traffic away from our corporate site. Our corporate site allocates Leads to all qualified and
active Consultants. Infractions may result in the immediate termination of a Consultant account.
You may not represent yourself in any way online that detracts from the Jamberry brand. You may only have a
Personal Website through Jamberry Canada. In compliance with laws and Direct Selling Association policy, all
Independent Consultant marketing both in print and online must clearly appear as though it is coming from an
independent representative of the Company and not lead the consumer to think they may be interacting with the
corporate office. Furthermore, any ad in which the trademarked Jamberry name or logo is used must be approved by
the corporate office. Corporate-approved advertisements will be made available online in the Consultant Workstation.
DISNEY COMPLIANCE
Click here for the rules and guidelines regarding the Disney Collection by Jamberry.
MARKETING AND NAMING OF PERSONAL WEBSITES
Using a generic extension like shop, nail shields, cities or major regions, etc., is not allowed as it appears to the end
user that this is a corporate site URL. Your extension must relate to your name. You cannot use any name like
www.jamberry.ca/nailshields; www.jamberry.ca/shop; or www.jamberry.ca/ontario.
RESTRICTED USE OF JAMBERRY TRADEMARKED NAME
The trademarked Jamberry name cannot be used in any Google AdWords or other search engine marketing
campaigns of sponsored links. This includes the use of your Personal Website, since this contains jamberry.ca. All
web advertisements must clearly contain the descriptor of Independent Consultant in both the title and description
field.
USE OF JAMBERRY IN URLS
You may not use jamberry, jamberrynails, or any derivative in a registered URL with any extension. This is in
violation of our trademarked name and can result in the termination of a Consultant account. For example, you
cannot register or use any URL like www.myjamberry.ca or www.jamberrynails.tv, etc.
USE OF JAMBERRY IN E-MAIL ADDRESSES OR SOCIAL NETWORKING NAMES
You may not use jamberry, jamberrynails or any derivative of that in any e-mail addresses or social media names.
For example, you may not use anything like [email protected] or [email protected] or Jamberry
Arizona for a Facebook group page. If you do this, you may be required to change your email address or the social
media name before you are eligible to receive commissions or overrides.
USE OF JAMBERRY CONFIDENTIAL INFORMATION – NAMES, ADDRESSES, EMAILS
As a Consultant you may be given access to certain information about your downline including names, email
addresses, addresses, phone numbers, etc. All of this information is confidential and should not be used for any
purpose other than Jamberry business. You are restricted from using this information to send invitations to or
information about other direct sales companies, school fundraisers, personal issues, or the like. If you misuse this
information, your Consultant Agreement may be terminated and/or your access to such information may be removed.
SOCIAL NETWORKING PAGES ON FACEBOOK AND MORE
You cannot create a fan page on Facebook or any other social networking site that appears to be the corporate
office. However, you may create a site that includes the term "Independent Consultant for Jamberry" in the name.
You cannot use the word "official" or anything similar. You cannot create an alias for any sites like Twitter or others
that use any permutation of the Jamberry name. The social network page cannot make mention of "Jamberry"
without being qualified by "Independent Consultant for Jamberry" or "Jamberry Independent Consultant."
SOLICITATION OF BUSINESS ON FACEBOOK, CONSULTANT FACEBOOK GROUP, TWITTER OR OTHER SITES
Consultants may not use the Jamberry Official Facebook Fan Page or Consultant Facebook Group to solicit business,
drive people to your Personal Website, or sign up team members. An additional list of rules for the Consultant
Facebook Group can be found on the Consultant Facebook Group Home Page and the Consultant Start-Up Guide.
SALES THROUGH AUCTION SITES OR OTHER INTERNET SITES
Jamberry Consultants may not sell Jamberry products on any website other than her personal Jamberry website
(including site such as e-bay, craiglist, or Groupon). Jamberry Consultants may not display product images on other
websites with the intent to sell.
You may NOT offer or arrange sales of Company products (including Business Supplies) through any online auction
service or any other website. Nor may you advertise your business or the business opportunity through online
auction services. We have a no-tolerance policy on Internet sales and any infractions may result in immediate
termination.
MARKETING THROUGH PERSONAL BLOGS AND OTHER SITES
If you maintain a blog, email, newsletter, or website outside of the Personal Website that Jamberry makes available
to its consultants, you may not market, sell, or promote any other products or direct sales companies alongside
Jamberry products. Doing so may result in your suspension or termination of the Consultant Agreement.
THIRD PARTY WEBSITES THAT REFER LEADS TO JAMBERRY CANADA
What is an affiliate program?
An affiliate program is a marketing practice in which Jamberry Canada pays certain third party websites for each new
customer or Consultant they drive to the jamberry.ca websites through the affiliate's own marketing efforts. Our
primary goal for our affiliate program is to acquire new customers so that we can direct business to our Independent
Consultants.
Can Consultants become affiliates?
No, Consultants cannot be affiliates. Instead, Consultants earn commissions for sales of products under the
Consultant Compensation Plan. So, even if we pay an affiliate commission on an order to an outside third-party
website, the new customer is referred to a Consultant who can offer and arrange sales of products to the new
customer and in turn will receive a commission on the sale of the product.. If you have questions about the Jamberry
affiliate program, contact us at [email protected].
Home Office Sponsored Co-Branded Promotions or Giveaways
Jamberry Canada reserves the right to partner with other brands or websites to create occasional co-branded
promotions or giveaways. The purpose of these promotions is to gain awareness among (and access to) a new set of
consumers who may not otherwise know about Jamberry Canada. Our primary goal is to acquire new customers so
that we can direct business to our Independent Consultants.
In addition, partnering with well-known and highly-regarded brands promotes Jamberry's fashion authority and raises
overall brand awareness – helping open doors for our Consultants' own personal businesses.
Please note: as a reminder to our Consultants – in order to enhance the end-user experience, we request that
Consultants do not use these home-office sponsored promotions as a way to direct traffic to their personal websites.
(For instance if there is a contest where a website asks users to submit comments related to the promotion, please
do not use the comments as a way to promote your personal website.) As you can imagine, this activity does not
support the brand awareness goal and can cause confusion among people new to the brand. All leads acquired from
this promotion will be distributed through our normal lead referral program.
PURCHASE AND SALE OF PRODUCTS
Jamberry is a direct-to-consumer business, and a Consultant's success with customers depends on personal
relationships. Through direct sales, the consumer may try before buying and receive proper individual instruction in
product usage, both before and after the sale. Therefore, Jamberry Canada's policies regarding sales are intended to
steer Consultants away from the pursuit of the one-time only, impulse sale, toward long-term, relationship-based
sales. That is why Jamberry Consultants are encouraged to conduct in-person informational Home Parties for
individual consumers or groups.
BLANKET DISCOUNTS
You may not offer your Consultant discount to the public at large, including friends and family. This prohibition does
not apply to sales pursuant to any Fundraising programs that the Company may have in place at any given time or to
wholesale sales to Salons. Your personal discount is for personal purchases only. You may however, buy gifts for
others with your discount.
You are prohibited from offering a blanket discount at Home Parties, through your personal website, or other
marketing channels, including Facebook. This includes "25% off everything at my Home Party" or place an "online
order with me and I will rebate you 15%." Any other permutation of an offer that serves to undercut the retail price
of Jamberry is restricted.
You are prohibited from offering any discount on the Starter Kit, registration fee or incentive to get a new consultant
to enroll under you. The Independent Agreement must be between Jamberry and the independent consultant
without modification.
You may however offer specific, time limited, occasional incentives such as "book a Home Party tonight and get $25
off your order," or, "spend over $100 and receive free shipping," so long as your promotions (including free
shipping):
• Are offered to a limited group of customers (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 3 days.
• Occur no more than one time per quarter.
You may then personally incur the cost of the shipping or specific promotion for your customers.
Any promotional discount that contributes to a Consultant's minimum PRV requirements for earning overrides or her
volume rebate will be grounds for termination of her Consultant Agreement with the Company by the Home Office.
We expect our Consultants to use their conservative discretion when interpreting the terms of this policy.
SALES PRESENTATIONS
At sales presentations, you will truthfully represent the Company, yourself and the products. You may not use any
misleading, deceptive or unfair sales practices. Explanation and demonstration of products offered will be accurate
and complete, including but not limited to, price, terms of payment, refund rights, guarantees and after- sales service
and delivery. Personal or telephone contact will be made in a reasonable manner and during reasonable hours to
avoid intrusiveness. Immediately discontinue a sales presentation upon request of the consumer. Also, refrain from
using comparisons which are likely to mislead, and which are incompatible with the principles of fair competition.
BONUS BUYING
The success of the Company depends on retail sales to the end consumer. It is possible to conduct a healthy
business with no product inventory other than your samples. While the Company recognizes that you may wish to
purchase certain products for your own use, or in some cases, for "instant delivery" to customers in need of last-
minute gifts, it strictly prohibits the purchase of products in unreasonable amounts and prohibits the purchase of
products only or primarily to qualify for compensation levels or incentive programs. This is one of the unethical
practices that we refer to as "Bonus Buying" and is strictly prohibited. Bonus buying may also result in the immediate
termination of a Consultant Agreement.
Bonus Buying includes:
1. The sponsorship of individuals without their knowledge and/or execution of an Consultant Agreement on
behalf of others without their knowledge;
2. The fraudulent sponsorship of a Consultant;
3. The sponsorship or attempted sponsorship of nonexistent persons as Consultants ("phantoms");
4. The use of a credit card by or on behalf of a Consultant when the Consultant is not the account-holder of
such credit card;
5. Subsidizing the entire or partial cost of a customer purchase or New Consultant Starter Kit purchase that
counts towards your volume or adds a Consultant to your team. This includes offering a blanket discount or
rebate on the purchase of goods;
6. The purchase of product to qualify for contests, fast-start bonuses, promotions, personal sales
requirement for coaching commissions or pay rank;
7. Maintaining excessive inventory. Consultants may not inventory load, encourage others to inventory load
or represent that there is any obligation to purchase products, literature or other sales aids except for the
Starter Kit, nor shall they represent that overrides, bonuses or other earnings may be obtained solely from
the purchase of products rather than the sale of products. Inventory is not a component of our business and
should not be carried beyond the month in which it is intended to be sold.
CLOSING PARTIES AND CUSTOMER DELIVERY
All parties must be closed and submitted within the Jamberry Canada system within five days of the actual home
party orders being given to the Consultant. Home Parties must close in their entirety within fourteen days of holding
the actual Home Party. If a customer or party order is shipped directly to a Consultant, the Consultant must deliver
the orders to the customers within five business days of receipt. Any violation of this provision may result in
immediate termination of the Consultant Agreement with the Compnay by the Home Office.
THIRD-PARTY CONSUMERS
Consultants who cultivate business contacts must remember that the business can purchase Jamberry products as
gifts for employees or clients, but there may not be a resale value attached to the products. Consultants cannot
become a "vendor" to another business. Consultants who offer or arrange sale of Jamberry products to a business for
gifts must include a personal letter with each gift that provides information about how the end-user can receive
personal service from the Consultant. Large-scale sales of Jamberry product to regional or national companies are
prohibited since they do not lend themselves to the development of personal relationships and personal service that
Jamberry is based upon.
CUSTOMER REFUNDS AND RETURNS
You must comply with the Return Policy and procedures that can be found
here: /uploads/cms/docs/03.2013.Jamberry Return-Exchange Form.pdf
Customers and consultants are only eligible to return up to $1,000 of retail products during any 12 month
period. Any attempt to return products for a refund in excess of $1,000 will be denied and such returns are ineligible
for a refund.
MISSING ORDER REPORTING
Any order that has not been delivered must be reported within 45 days of the original order date. Jamberry will not
resend any order past the 45 days.
CUSTOMER ORDER FORMS AND SALES RECEIPTS
All Consultants making person-to-person sales to customers (including any sales subject to provincial direct selling
requirements) shall ensure that the customer is provided with the then current copy of the Jamberry Canada Sales
Order Form, properly completed, and signed by both the Consultant and the customer. The Sales Order Form sets
out, among other things, the Buyer's Cancellation Right afforded to the customer under provincial law. Consultants
must ensure that all information fields in the Sales Order Form are completed, including the following:
(1) the date of the transaction;
(2) name and address of the selling Consultant; and
(3) the signatures of the selling Consultant and the customer, and the location where the Form was signed.
In addition, the Consultant shall orally inform the customer of his or her cancellation rights.
Consultants are required to keep a copy of each Sales Order Form for their own records, and shall be required to
retain same for a period of at least seven (7) years.
Where a customer places an order through a Consultant's personal website, the customer will be required to
positively accept the sales contract during the order process, and will thereafter be provided with an Electronic
Receipt providing printable evidence of the sales contract, and otherwise providing disclosure as required by
provincial law. Consultants will be provided with a copy of each Electronic Receipt for their own records, and shall be
required to retain same for a period of at least seven (7) years.
CUSTOMER CANCELLATION RIGHTS
Consumer protection laws in Canada's various provinces generally requires a mandatory 10 day cooling
off/cancellation period for sales of products or services and effectively requires that every purchaser be given the
unqualified right to cancel the direct sale contract, within 10 days of purchase. This right is set out on the back of the
Jamberry Nails Order Forms.
A Consultant is required by law to tell her customers about their right to cancel orders within ten business days. If a
customer cancels an order within the applicable cancellation period, a Consultant must promptly refund the
customer's money (as long as any products the customer received are returned to the Consultant in substantially the
same condition). This includes an order for personalized products. If a customer cancels an order that the Consultant
has already submitted to the Company, please contact Support at [email protected].
TERRITORY RESTRICTIONS
There are no exclusive territories granted to anyone, and no franchise fees are required.
INTERNATIONAL SALES
Due to complex legal and tax considerations involving international sales, no sales or recruitment efforts may be
made outside Canada, unless you have received written approval from the Home Office.
OUT OF STOCK PRODUCTS ITEMS
The Company will quickly ship all products currently in stock. Any out-of-stock items (unless discontinued) may be
placed on back order and will be distributed upon Company receipt of additional inventory. A Consultant will be
charged and granted commissions on future ship items once the order is submitted. Items designated for future ship
may be cancelled on a Consultant's request and a credit will be made to either the Consultant or customer card
based on the original payment method. Commissions will be adjusted accordingly. If the item designated for future
ship cannot be filled, the Company will cancel the order and adjust commissions accordingly. The Company has the
right to offset such amounts against future commission and other compensation paid or owed to the Consultant who
received commissions for subsequently canceled orders.
RETAIL OUTLETS
We do not allow Consultants to set up a permanent retail display and sell Jamberry products in a retail environment.
They are intended to be sold at a Home Party. A retail outlet includes a kiosk in a mall, boutique, grocery stores, flea
markets, etc.
You may conduct a Home Party at the same retail location (such as a restaurant) once every 3 months, and no more
than 4 times a year.
NON-RETAIL BUSINESSES
Consultants may leave a flyer in non-retail establishments, such as doctors' offices, provided the intent is to attract
participants to a Home Party, not to sell. Restaurants are not retail establishments and you may periodically conduct
Parties or meetings in a restaurant.
MAIL ORDER
Jamberry Consultants may not advertise, promote, sell or sponsor through other company catalogs.
CONSULTANT-TO-CONSULTANT SALES POLICY
Consultants may make Jamberry products available to other Consultants on a cost-recovery basis. For example, when
a Consultant needs an item and does not have time to receive an order from Jamberry Canada, it is acceptable for
one Consultant to sell the Jamberry item to another at the regular purchase price. No adjustments of volume or
commissions will be made by the Home Office. Violation of this policy will result in the termination of your Consultant
Agreement with the Company.
RENTAL SPACE
Consultants may rent space for Home Parties, however, in order to prevent the appearance of such a space as being
a retail establishment, Consultants may not store product in the location. The product must be stored in the
Consultant's home. Permanent signage or telephone rental locations are prohibited.
INTERNATIONAL DISTRIBUTION
Jamberry Nails Consultants may not conduct business outside of Canada. Jamberry Nails Canada does offer
Consultants the opportunity to sponsor consultants in the United States with special approval. If you are interested in
sponsoring consultants in the United States, contact [email protected] for more information.
MARKETING MATERIALS CREDIT
Consultants may earn credit that can be used towards the purchase of marketing materials (catalogs, host join
pamphlets, sample cards, postcards, order forms) based on the following monthly retail sales volumes listed below:
Monthly Personal Retail Volume (PRV) Marketing Materials Credit
Under 600 Cdn $0
600 - 699 Cdn $25
700 - 799 Cdn $30
800 - 899 Cdn $35
900 - 999 Cdn $40
1,000+ Cdn $50
Marketing materials credit that is more than six months old on June 30 and December 31 of each year will expire.
Marketing materials credit may only be used on marketing materials and not on any promotional products, retail
products, shipping, or taxes. Marketing materials are "paper products" that have a sku number that starts with M
within the Marketing and Promotional Materials section.
SHIPPING
For Shipping Rates: /uploads/cms/docs/ShippingRates%20.pdf
For Shipping Policies: /uploads/cms/docs/ShippingPolicy.pdf
EVENTS
BEST PRACTICES – OPPORTUNITY EVENTS
The purpose of a Company sponsored opportunity event is for guests to come and have fun while feeling welcome
and comfortable to explore the business and gather more information about becoming a Consultant. It's also a great
event for Consultants to attend along with their guests, or to come alone and learn how to talk to others about our
opportunity. We want the atmosphere to be light and low-pressure, but informative and helpful.
As we grow in popularity, there is a chance that some guests may arrive at our opportunity event who are
"unattached" to an existing Consultant. There is also a chance that a guest was informed of our event by a fellow
Consultant that couldn't be in attendance. To help reduce confusion, we ask every guest to fill out a short
information card upon arrival. This card is then used to figure out where, and with whom, most guests belong.
In the case of an "unattached" guest, here is the procedure that should be followed:
• A list of all Consultants in attendance of the opportunity event will be kept
• "Unattached" guests who end up becoming Consultants as a result of our opportunity event will be
assigned using the Home Office Leads system.
Please remember that this situation is rare and you should not attend an opportunity event in the hopes of
sponsoring someone new (unless you've invited a guest of course!). Please refrain from handing out your personal
business cards to any "unattached" guests in the hopes of sponsoring and instead, answer any questions they may
have in a helpful way. In the end, everyone benefits and if not personally at this event, then perhaps down the road.
BEST PRACTICES – TRAINING EVENTS
The Home Office will not be responsible for lost or stolen inventory in the event that a Consultant brings her own
inventory to a Training event. The Home Office recommends that all inventory be locked up during break periods.
TEMPORARY SALES EVENTS
Public events can be opportunities to receive exposure for your Jamberry business. You can find people interested in
hosting a Home Party, purchasing the product or becoming a Consultant. However, it is important to consider the
cost vs. the return. Consultants may promote their business (offering or arranging sale of Jamberry products and
sponsoring) at exhibits and trade shows, in accordance with the following:
• You must register for the event as a Jamberry Consultant.
• The first Consultant to register for the space with the event sponsor has the right to conduct that event. If
a second Consultant would also like to participate, she must contact the first registrant and obtain her
permission. If two Consultants are registered without prior knowledge, it is up to the second Consultant to
withdraw from the event if the first registered Consultant does not want double participation. When
registering for events, it is a good business practice to check cancellation policies and to proactively check
with the sponsor to ensure another Jamberry Consultant is not already registered.
• The booth must be staffed at all times and must not be shared by another business.
• A temporary event held in the common area of a shopping mall is permissible. (See page 36 or following
page)
Please note that Expos, Trade Shows and Booth Events are not considered a core part of the Jamberry business and
the Home Office does not specifically recommend participation in these events, nor do we endorse any specific event.
Furthermore, as an Independent Consultant, you are responsible for your decision to host or co- host a booth at an
Expo, Trade Show, or Booth Event. The business agreements made between Jamberry Consultants to host or co-host
an event are the proprietary responsibility of the Consultants and the event planners. We strongly advise every
Consultant to evaluate every business decision thoroughly before proceeding with the understanding that the Home
Office is not responsible for the Consultant's participation or subsequent results.
Participation in any one specific Temporary Sales Event shall be limited to two weeks in a calendar year, such as
Farmer's Markets. The goal of Jamberry Canada in establishing this policy for trade shows, expos and craft fairs is to
promote the professional image of Jamberry Canada and all Consultants, and provide an atmosphere of mutual
respect and ethical cooperation. You are encouraged to take creative approaches in your selling. However, your
primary approach should always be a Home Party. Before agreeing to participate in any other type of event, you
should be able to answer "yes" to the following questions:
• Is this event fair to all parties involved?
• Is this legal and ethical?
• Will this generate new bookings or future business?
• Will this approach provide the best environment for a successful event for the Hostess?
If a Temporary Sales Event (such as a craft fair or holiday bazaar) a) is set up inside a retail environment (such as a
shopping center or base exchange); b) occurs more often than every six weeks in its entirety, and/or c) occurs for
twenty-five (25) consecutive days or more, you may set up a display about your independent sales business for the
event but you may NOT have product available for cash and carry sales. An established retail environment is defined
as a location in which permanent retail activities take place, such as inside a shopping center, inside or adjacent to a
base exchange, or inside or adjacent to a permanent swap meet. Shopping center kiosks, base exchanges, or
permanent swap meets are not approved locations for temporary sales forums, because they take place within an
established retail environment.
If you have any questions about whether to participate in an event, please contact Support.
When you register to participate in an event, the event sponsor may ask you for your sales tax registration or inform
you that you must post a copy of your Seller's Permit at your booth. Regarding charging and collection of sales tax,
please refer to "Sales Tax" section for details. If you are required to provide sales tax registration information to the
event organizer, please email [email protected] with the name and contact information for the event and
we can provide you our sales tax information and information on how to obtain an insurance rider for the event.
ASSISTANCE FOR HEARING IMPAIRED AT HOME OFFICE EVENTS
While the Home Office holds several events throughout the year, the Company is not required to provide
accommodations for hearing impaired Consultants. Consultants are independent and not company employees, and
therefore should be prepared to make their own accommodations.
GENERAL PROVISIONS
WEBSITE DOWNTIME
You acknowledge that the Jamberry website may be subject to temporary shutdowns from time to time for
maintenance and/or due to causes beyond the operating party's reasonable control, and that neither party shall have
any liability to the other by reason of any such shutdowns.
CONTRACTUAL REMEDIES
Any breach of these Policies & Procedures or the Consultant Agreement, or any illegal, fraudulent, deceptive or
unethical business conduct on your part may result, at our sole discretion, in one or more of the following contractual
remedies:
• Issuance of a written warning or admonition.
• Seeking a liquidated damages amount from you, which may be imposed immediately or withheld from
future commission cheques.
• Reassignment of all or part of your organization.
• Placing you on Account Hold, during which period you may not conduct Jamberry business or receive
compensation.
• Suspension of your Consultant status, which may result in termination, or reinstatement with conditions or
restrictions.
• Termination of Consultant status.
ACTS OF HOUSEHOLD MEMBERS
The violation of a provision of the Jamberry Consultant Agreement or these Policies & Procedures by any member of
your immediate household will be imputed to you and will subject you to appropriate action by Jamberry Canada,
including possible termination of your status as a Consultant.
GRIEVANCES AND COMPLAINTS
If you have a grievance or complaint about another Consultant that you are unable to resolve regarding any practice
or conduct related to the Jamberry business, please submit a support ticket describing the situation to Jamberry
Canada Consultant Support for review to [email protected].
REPORTING POLICY VIOLATIONS
If you observe a violation of the Policies & Procedures by another Jamberry Consultant, please submit a report
(electronic or written) to Jamberry Consultant Support ([email protected]) describing the circumstances,
evidence and any other pertinent information. Your report to the Company will be held in the strictest confidence.
AMENDMENTS
The Company reserves the right to amend 1) Consultant Agreement, 2) the Compensation Plan, 3) the Policies &
Procedures, 4) its prices, 5) product and service availability at any time without prior notice as it deems appropriate.
Amendments will be communicated to Consultants through official Company publications, websites, or voice or e-
mail. Amendments are effective and binding on all Consultants as of the date of issuance. In the event of any conflict
between the original documents and policies and any such amendment, the amendment will control.
INDEMNIFICATION/OFFSET
As a Consultant, you indemnify and hold harmless Jamberry Canada and its owners, employees, agents and assigns
from and against any damages, claims or liabilities and expenses (including attorneys' fees) incident to your: (a)
activities as a Consultant including, without limitation, any unauthorized representations made by you; (b) breach of
the terms of the Consultant Agreement; or (c) violation of or failure to comply with any applicable federal, provincial
or municipal laws or regulations. Jamberry Canada shall have the right to offset any amounts owed by you to
Jamberry Canada (including, without limitation, the repayment of commissions as a result of product returns) against
the amount of any commissions or bonuses owed to you.
TELEPHONE SOLICITATION
Consultants may not use or transmit unsolicited faxes, make unsolicited telephone calls, or use an automatic
telephone dialing system relative to the operation of their Jamberry businesses and agree to inform themselves of
the laws applicable to telemarketing. The terms "unsolicited faxes" and "unsolicited telephone calls" means faxes and
telephone calls, respectively, made for the purpose of solicitation to a recipient who has not consented to the fax or
telephone call. The term "automatic telephone dialing system" means equipment which has the capacity to: (a) store
or produce telephone numbers to be called, using a random or sequential number generator; and (b) to dial such
numbers.
Consultants are not authorized to make unsolicited telephone calls or send unsolicited faxes on Jamberry Canada's
behalf. If a Consultant decides to make such calls to persons with whom he/she has an Existing Business
Relationship (defined to arise where (1) a product or service has been purchased by the person from the Consultant
within the previous 18 months, (2) an inquiry or application has been made by the person of the Consultant within
the previous 6 months, or (3) there is a written contract currently in effect between the person and the Consultant or
that has expired within the previous 18 months), they do so on their own behalf and are required to undertake that
they will comply with all applicable rules and laws, including: (1) privacy laws, (2) registration with the National Do
Not Call List program under the Telecommunications Act rules, (3) maintaining a Do Not Call List so that consumers
may request not to be called, and (4) disclosing the following information at the beginning of the call: purpose of the
call, a toll-free telephone number for questions or comments about the call, the nature of the product or business
interest being promoted, and the identity of the person or organization on whose behalf the call is made, the price of
any product being promoted and any material restrictions, terms or conditions applicable to its delivery. Consultants
are not permitted to make or send any other unsolicited telephone calls or unsolicited faxes.
CUMULATIVE REMEDIES/WAIVER
All rights, powers and remedies given to Jamberry Canada are cumulative, not exclusive and in addition to any and
all other rights and remedies provided by law. No failure or delay of Jamberry Canada to exercise any power or right
under this Agreement or to insist upon strict compliance by you with any obligation or provision shall constitute a
waiver of Jamberry Canada's right to demand exact compliance therewith. Waiver by Jamberry Canada can be
effective only in writing by an authorized officer of Jamberry Canada.
INJUNCTIVE RELIEF
Upon any breach of the Consultant Agreement by the Consultant, Jamberry Canada will be immediately and
irreparably harmed and cannot be made whole solely by monetary damages. Because the remedy at law for any
breach of any provision of the Consultant Agreement shall be inadequate, in addition to any other remedies in law or
in equity that it may have, Jamberry Canada shall be entitled, without the necessity of proving actual damages, to
temporary and permanent injunctive relief to prevent the breach of any provision of this Agreement and/or to compel
specific performance of this Consultant Agreement. In addition, Jamberry Canada shall be entitled to its costs and
expenses, including reasonable attorneys' fees, in enforcing its rights under the Consultant Agreement.
WAIVER
Jamberry Canada maintains its right to insist on compliance with these Policies & Procedures or with the applicable
laws governing the conduct of a business. In the event that we permit a variance of the rules, that permission does
not extend to future variances. This provision deals with the concept of "waiver," and the parties agree that we do
not waive any of our rights under any circumstances.
JURISDICTION
All disputes and claims relating to Jamberry, the Consultant Agreement, the Compensation Plan, the Company's
products, the rights and obligations of the Consultant, or any other claims or cause use of action relating to the
performance of either the Consultant or Jamberry Canada under the agreement shall be adjudicated totally and
finally in the Province of Ontario or such other location as the Company prescribes. Unless the province in which you
live requires the application of its laws and venue, this agreement is governed by the laws of the Province of Ontario,
without regard to principles of conflicts of laws.
PARTIAL VALIDITY
Should any portion of the Consultant Policies & Procedures, the Consultant Agreement or of any other instruments
referred to herein or issued by Jamberry Canada be declared invalid by a court of competent jurisdiction, the balance
of such rules, applications or instruments shall remain in full force and effect.
LIMITATION OF DAMAGES
To the extent permitted by law, Jamberry Canada and its affiliates, officers, directors, associates and other
representatives shall not be liable for, and the Consultant hereby releases the foregoing from, and waives any claim
of loss of profit, incidental special, consequential, or exemplary damages which may arise out of any claim
whatsoever relating to the Company's performance, non-performance, act, or omission with respect to the business
relationship or other matters between the Consultant and the Company whether sounding in contract, tort or strict
liability. Furthermore, it is agreed that any damage to the Consultant shall not exceed, and is hereby expressly
limited to the amount of unsold Jamberry products and services owned or held by the Consultant and commissions,
bonuses and overrides.
PRIVACY POLICY & CONSENT
You understand and agree that certain personal information relating to you and your business will be collected, used
and retained by the Company in accordance with the Company's Privacy Policy, as amended from time to time and
otherwise in accordance with state and Canadian federal and provincial privacy laws, and you hereby consent to
same. The Company reserves the right to amend or revise the terms of its Privacy Policy without express notice to
you, and you consent to any amendments reasonably made. In operating your independent business, you also agree
to adopt, implement and disseminate a privacy policy that complies with all state and Canadian federal and provincial
privacy laws that your business may be subject to, for which you are solely responsible, and such compliance shall be
undertaken at your sole expense. You acknowledge that failure to comply with these terms may result in immediate
termination of your Consultant Agreement. Without limiting your sole responsibility to comply with state and federal
and provincial privacy laws affecting your business, the Company hereby grants you, at no additional charge, for the
term of your Consultant Agreement, the right to copy and use in your business the Company Privacy Policy and
related privacy policy consents.
ENTIRE AGREEMENT
These Policies & Procedures and the Compensation Plan, as each may be amended from time to time, are
incorporated into the Jamberry Consultant Agreement and constitute the entire Agreement of the parties regarding
their business relationship.
COMPANY ADDRESS AND CONTACT INFORMATION
Jamberry Nails Canada Limited Partnership
Address for Legal Service:
1100 One Bentall Centre
505 Burrard Street, Box 11,
Vancouver, British Columbia V7X 1M5
Canada
Address for Consultant Services:
c/o 751 East Quality Drive
American Fork, UT 84003
USA
Email: [email protected]
Tel: 801.796.2205
Toll free: 1-855-416-0221