CONSULTANT APPLICATION

Transcription

1 CONSULTANT APPLICATION

2 Consultant Application Step 1 About you Please print clearly using all capital letters. All fields with an asterisk (*) are required. *Applicant Name: *SOCIAL SECURITY NUMBER#/FID# *Mailing Address: *PREFERRED Phone NUMBER: * Address: *Sponsor s Name: *ALTERNATE Phone NUMBER: *Date of Birth: / / *Sponsor s id NUMBER: Shipping Address same as mailing address *Check here: I meet all of the eligibility requirements set forth in Section 3 of the Policies and Procedures. *SHIPPING ADDRESS: Step 2 Getting Started SELECT A BUSINESS BUILDING KIT Starting your Rodan + Fields business is easy. While there are several ways to begin, the fastest way to begin building your business is by enrolling with either a Jumpstart Kit or a Leadership Express Kit. These kits are designed to give you the tools and products you need to help others SEE THE LIGHT as you begin your Rodan + Fields business. To start my Rodan + Fields business, I would like to purchase a: Jumpstart Kit $ Includes the REVERSE Regimen, a Regimen of choice for your personal use, ANTI-AGE Night Renewing Serum, ANTI-AGE Multi-Function Eye Cream, ENHANCEMENTS Micro-Dermabrasion Paste, ESSENTIALS Gauze Pads, the Rodan + Fields Spot Light, mirror, 50 RF brochures, branded Rodan + Fields bag, and Business Portfolio. Receive free two-day air shipping and just enough product to start your business. Over $645 retail value! Please select the regimen you would like to receive for personal use: REVERSE Regimen for Brown Spots, Dullness, and Sun Damage ANTI-AGE Regimen for Fine Lines, Wrinkles, and Loss of Firmness UNBLEMISH Regimen for Acne, Blemishes, and Breakouts (also includes ESSENTIALS UVA/UVB SPF 30 Sunscreen) SOOTHE Regimen for Sensitive, Irritated Skin, and Facial Redness Business Portfolio $45.00 Includes the training and support materials you need to get started (this is the only purchase required to become a Consultant and is optional for residents of North Dakota). Leadership Express Kit $ Includes all 4 Rodan + Fields Regimens (REVERSE, ANTI-AGE, UNBLEMISH, and SOOTHE), a Regimen of choice for personal use, ANTI-AGE Night Renewing Serum, ANTI-AGE Multi-Function Eye Cream, ENHANCEMENTS Micro-Dermabrasion Paste, UNBLEMISH Blot Papers, ESSENTIALS Gentle Wash and ESSENTIALS Gauze Pads, the Rodan + Fields Spot Light, mirror, 50 RF brochures, branded Rodan + Fields bag, and Business Portfolio. Receive free two-day air shipping and a variety of our most popular products to ensure you get your business off to a fast start. Over $1180 retail value! Please select the regimen you would like to receive for personal use: REVERSE Regimen for Brown Spots, Dullness, and Sun Damage ANTI-AGE Regimen for Fine Lines, Wrinkles, and Loss of Firmness UNBLEMISH Regimen for Acne, Blemishes, and Breakouts (also includes ESSENTIALS UVA/UVB SPF 30 Sunscreen) SOOTHE Regimen for Sensitive, Irritated Skin, and Facial Redness PERSONAL WEBSITE SERVICE We would like to offer you a free trial of our Personal Website Service (PWS). This gives you access to special PWS-only tools and makes it easy for you to grow your business online. Free trial is subject to change and available for a limited time only. Please SELECT THE DOMAIN PREFIX YOU WOULD LIKE FOR YOUR RODAN + FIELDS PWS: Default: [Your first initial with your last name].myrandf.com* other:.myrandf.com *If your default domain prefix is a duplicate, it will be followed by a number 1, 2, 3, etc. 2 Consultant Application

3 Consultant Application, continued Step 3 Payment Information Please charge my credit card: VISA MasterCard American Express Discover Card *Credit Card Number: *Name on Card: (PLEASE PRINT) *Exp. Date: / *Cardholder s Signature: (MM/YYYY) *Billing Address ASsociated with card: Step 4 AGREEMENT AND SIGNATURE * INITIAL HERE I have read, understood and will comply with Section 13 of the Policies and Procedures, which prohibits references to, or comparisons with, Proactiv Solution in connection with the sale and marketing of Rodan + Fields skincare products. This Consultant Application is subject to acceptance by Rodan & Fields, LLC ( R+F ). You agree that R+F s acceptance of this Consultant Application and your participation in the Program are subject to your compliance with all of the provisions of the Consultant Agreement, which includes the terms and conditions on the front and back of this Consultant Application, including the agreement to arbitrate, and the Consultant Policies and Procedures as amended by R+F from time to time. You have reviewed the Consultant Agreement in its entirety and agree to check frequently for any amendments to it, which R+F will make available on the R+F Website. If you refuse or are unable to comply with any provision of the Consultant Agreement, you cannot participate in the Program and must terminate your Consultantship by written notice to R+F pursuant to the Consultant Agreement. If you terminate your Consultantship within 12 months of activation, R+F will repurchase your Business Portfolio at 100% of its original cost (not including sales tax and shipping charges). You understand that the only purchase required to become a Consultant and participate in the Program is the purchase of the Business Portfolio for $45, plus sales tax and shipping charges (except that purchase of a Business Portfolio is optional for residents of North Dakota). There are no other purchases necessary, and no inventory requirements, to become a Consultant or participate in the Program. *Applicant Signature *Date After completing Application make a photocopy for your records and send completed application via mail to: San Francisco, CA Attn: Consultant Support. Terms and Conditions 1. Our Agreement. The Consultant Agreement is made by and between Rodan & Fields, LLC ( R+F ) and the individual identified on the front of this Consultant Application ( Consultant ), and becomes effective upon R+F s acceptance of Consultant s application. The Consultant Agreement defines R+F s and Consultant s rights and duties and contains important information about the promotion of R+F Products. The Consultant Agreement is an integrated agreement consisting of the terms and conditions on the front and back of this Consultant Application and the Consultant Policies and Procedures as amended by R+F from time to time ( P&P ), which are incorporated herein by reference. Consultant represents and warrants that she or he has read, understands, and agrees to abide by the Consultant Agreement, including the agreement to arbitrate set forth in Section 11 below, that the information provided on the front of this Consultant Application is accurate and complete, and that Consultant may perform her/his obligations without breach of any other agreement. The Consultant Agreement contains the entire agreement between R+F and Consultant and supersedes and replaces any and all prior representations, warranties, negotiations, and agreements. R+F may at any time revise the P&P by posting the amended P&P on the R+F Website, and any changes or additions will be effective immediately upon posting. Consultants must check the R+F Website frequently for revised P&P. Any capitalized term used in this Consultant Application and not defined herein has the meaning ascribed to it in the P&P. 2. Purpose; Independent Contractor. Consultant is a self-employed, non-exclusive independent contractor who is authorized to market and sell R+F Products in the 50 United States and the District of Columbia. Consultant is not, and shall not represent herself, himself or itself to be, an employee, agent, or representative of R+F or a purchaser of a franchise or a business opportunity. The Consultant Agreement does not create an employee/employer relationship, agency, partnership, or joint venture between R+F and Consultant. Consultant shall not be treated as an employee of R+F for any purpose, including without limitation, for federal, state or local tax purposes. Consultant is solely responsible for all decisions made and all costs incurred with respect to her or his Consultanship, and will assume all entrepreneurial and business risk in connection therewith. There is no guarantee that there is a market for the R+F Products or that a Consultant will earn or will not lose money. Consultant s primary focus must always be the promotion of R+F Products for consumer use; R+F discourages Consultant from focusing her/his efforts primarily on sponsoring others as Consultants. Consultant is not entitled to any benefits that R+F may make available to its employees. Consultant is solely responsible for all income tax returns and payments required to be filled with or made to any tax authority with respect to her/his activities. R+F will regularly report amounts paid to Consultant with the IRS as required by law. R+F will not withhold or make payments for social security, make unemployment insurance or disability insurance contributions, or obtain worker s compensation insurance on Consultant s behalf. 3. Consultant Commitments. Consultant agrees to: (a) conduct her/his Consultantship with a high standard of professionalism and in a manner that reflects favorably at all times on R+F and the R+F Products; (b) avoid deceptive, misleading, or unethical practices; (c) make no representations, warranties, or other statements with respect to the products or any business opportunity that are different from or in addition to those in the Consultant Agreement and R+F Marketing Materials; (d) not bind R+F to any agreement, or pursue, waive, or compromise any of R+F s rights (or purport to do any of the foregoing); (e) periodically review the P&P, as amended and from time to time and posted on the R+F Website; and (f) otherwise comply at all times with, and accept exclusive liability for non-compliance with, all applicable laws, regulations, rules, and the P&P. 4. Business Portfolio; R+F Marketing Materials. To assist Consultant in marketing R+F Products, Consultant is required to purchase a Business Portfolio containing training materials and promotion aids at the cost set forth on the front of this Consultant Application. This purchase is fully refundable if the Business Portfolio is returned within 12 months of activation. Additional R+F Marketing Materials and R+F Business Supplies are available for purchase through the R+F Mall. The items available on the R+F Mall are offered by a third party supplier, and R+F cannot accept any returns of such items. For details, see the P&P. Consultant may not use any marketing materials or sales aides other than the R+F Marketing Materials (including those included in the Business Portfolio) and R+F Business Supplies in connection with her or his Consultantship or the sale or marketing of R+F Products. R+F may, in its sole discretion, change or discontinue any R+F Marketing Materials or R+F Business Supplies at any time. While R+F may refer a Consultant to third parties who offer products and services that may be helpful in the building of a business, it is up to Consultant to decide whether to make any purchase or follow any recommendation, at her/his own risk. Consultant Application 3

4 Terms and Conditions, continued 5. Product Ordering and Sales; No Inventory Requirements. Consultant understands there are no minimum product purchase or inventory requirements. Consultant and Customers may purchase R+F Products through the R+F Website or through Consultant s Personal Website, if applicable. R+F may accept or decline any order for R+F Products, and may cancel or delay shipment of R+F Products for any reason, including without limitation if Consultant fails to make any required payment or otherwise fails to comply with the Consultant Agreement. Title and risk of loss to the products will pass to Consultant on delivery of the products to Consultant by the carrier of R+F s choice. Please refer to the P&P for addition details regarding ordering, shipments and returns. Consultant may sell R+F Products purchased for resale only to Customer and only in accordance with the P&P. Please refer to the P&P for additional terms regarding purchases for resale. R+F has the right to communicate and do business with any and all customers acquired through Consultant s efforts without restriction of any kind. Please refer to the P&P for important information about sales tax. 6. Sales and Marketing Restrictions. Generally, Consultant may not market or sell the products in retail outlets or other locations open or available to the public, or use Internet or mass media forms of marketing. Please refer to the P&P for details regarding sales and marketing restrictions. 7. Customer Refunds and Returns. Customer refunds and returns of R+F Products may be accomplished either directly through R+F or through Consultant, as described in the P&P. Consultant acknowledges that R+F offers all Customers a Customer Satisfaction Guarantee, which includes the right to return any R+F Product within 60 days of purchase for a full refund, even if the product is open and not marketable. Consultant authorizes R+F to deduct from any payments due to her/him the difference between the price paid by Consultant for any R+F Products and any refunds actually paid by R+F to customers consistent with this policy. For further details, refer to the P&P. 8. Presenting the Consulting Opportunity. Consultant agrees to use only R+F Marketing Materials when presenting the opportunity to become a Consultant to others and to always present the Program accurately in its entirety as described in those materials. Consultant agrees to inform any potential Consultant that sales to Customers are a requirement to receiving commissions and bonuses and to instruct potential Consultants to review the Consultant Agreement, including the most recent version of the P&P, with care. Consultant may not make any representations or claims regarding actual or potential income or earnings. For further details, refer to the P&P. 9. R+F Content and Confidential Information. R+F is and shall be the sole and exclusive owner of all right, title and interest in and to the R+F Trademarks and other R+F Content and all intellectual property and proprietary rights therein, subject only to the specific licenses granted to Consultants in the Consultant Agreement, and R+F expressly reserves all such rights. Except as expressly set forth in the Consultant Agreement, Consultants shall not acquire or claim any rights in any R+F Trademarks or R+F Content. Consultant shall not use or disclose any Confidential Information of R+F except as expressly permitted by the P&P. 10. Warranty; Disclaimer. R+F warrants that the R+F Products as and when delivered by R+F shall be free from material defects. R+F s sole obligation, and Consultant s sole and exclusive remedy, for breach of this warranty shall be to return any defective R+F Product and receive a replacement or credit as described in the P&P. To the maximum extent permitted by applicable law, R+F hereby disclaims all OTHER warranties WITH RESPECT TO THE R+F PRODUCTS, PROGRAM, R+F MARKETING MATE- RIALS, R+F BUSINESS SUPPLIES AND ANY OTHER SUBJECT MATTER OF THE CONSULTING AGREEMENT, whether express, implied, or statutory, including any warranties of merchantability, fitness for a particular purpose, TITLE, NONIN- FRINGEMENT, accuracy or completeness of content, results, lack of negligence or lack of workmanlike effort, and correspondence to description. 11. Dispute Resolution. Any claim or dispute arising under or relating to the Consultant Agreement (whether arising in contract, tort, claim of fraud or fraudulent inducement, or otherwise) that cannot be resolved through negotiation as set forth in the P&P shall be mediated as set forth in the P&P, and, if it cannot be resolved by mediation, is subject to and shall be settled exclusively by final, binding arbitration before a single arbitrator in San Francisco, California in accordance with the then-prevailing Commercial Arbitration Rules of the American Arbitration Association, as further described in the P&P. The arbitrator shall not have the power to alter, modify, amend, add to or subtract from any provision of the Consultant Agreement, or to rule upon or grant any extension, renewal, or continuance of the Consultant Agreement. The arbitrator shall not have the power to award special, incidental, indirect, punitive or exemplary, or consequential damages of any kind or nature, including, without limitation, damages for lost profits, lost business, or lost opportunities, however caused. All arbitration proceedings will be confidential. Although the Consultant Agreement is made and entered into between Consultant and R+F, R+F s affiliates, owners, members, managers, and employees ( Related Parties ) are intended third party beneficiaries of the Consultant Agreement for purposes of the provisions of this Consultant Agreement referring specifically to them, including this agreement to arbitrate. The parties acknowledge that nothing contained herein is intended to create any involvement by, responsibility of, or liability for, the Related Parties with respect to any dealings between Consultant and R+F, and the parties further acknowledge that nothing contained herein shall be argued by either of them to constitute any waiver by the Related Parties of any defense which Related Parties may otherwise have concerning whether they can properly be made a party to any dispute between the parties. 12. Limitation of Liability. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY OR ANY FAILURE OF ESSENTIAL PURPOSE, IN NO EVENT SHALL R+F OR ANY OF ITS RELATED PARTIES BE LIABLE TO CONSULTANT FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST BUSINESS, AND LOST OPPORTUNITIES, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF (INCLUDING BUT NOT LIMITED TO THE R+F PRODUCTS, PROGRAM, R+F MARKETING MATERIALS, OR R+F BUSINESS SUPPLIES), WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHER THEORY OF LIABILITY (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF R+F OR ANY OF ITS RELATED PARTIES HAVE BEEN ADVISED OF THE POS- SIBILITY OF SUCH DAMAGES. 13. Indemnification. Consultant agrees to indemnify, defend, and hold harmless R+F (together with its Related Parties, agents, other Consultants, stockholders, members, employees, directors, officers, and attorneys, collectively Indemnified Parties ) from and against any and all losses or liabilities (including attorneys fees) they may suffer or incur as a result of Consultant s breach or alleged breach of the Consultant Agreement, including, without limitation, any terms or conditions of the P&P. Without limitation of the foregoing, Consultant shall specifically indemnify the Indemnified Parties against any losses or liabilities they may suffer or incur as a result of Consultant being deemed an employee, agent, or holding any status other than an independent contractor, and Consultant s tax liabilities. 14. Term; Renewal; Termination. Consultant s authorization to participate in the Program lasts one year. To remain active, each Consultant must meet the Personal Sales Volume requirement and other requirements set forth in the P&P, and must submit an annual renewal application as described in the P&P. Failure to renew will result in the expiration of the Consultant Agreement and the loss of Consultant s right to continue participating in the Program. The Consultant Agreement may also be terminated for failure to comply with the P&P and for other reasons as further described in the P&P. Upon termination, in addition to the limited Business Portfolio refund described on the front of this Consultant Application and in Section 4, R+F will, at Consultant s request, repurchase from Consultant R+F Products that Consultant purchased for resale within 12 months prior to the date of termination at 90% of the original net cost to Consultant, less all commissions, rebates, and bonuses paid to Consultant in connection with such products, and provided that such products are owned by Consultant and in her/his possession and remain in their original packaging, factory sealed, and marketable. Consultant is responsible for shipping such products to R+F at her/his expense. Refer to the P&P for additional details regarding product returns upon termination. R+F will not be liable to any Consultant for damages of any kind solely as a result of terminating a Consultantship or Consultant Agreement in accordance with the terms set forth in the Consultant Agreement, and termination of the Consultant Agreement will be without prejudice to any other right or remedy of R+F under the Consultant Agreement or applicable law. Upon any expiration or termination of the Consultant Agreement, the following sections of this Consultant Application shall survive and continue: Sections 1, 2, 4 (with respect to return of Business Portfolios), 9, 10, 11, 12, 13, 14 and Miscellaneous. The Consultant Agreement shall be governed by the law of California without giving effect to any choice of law rule that would cause the application of laws of any jurisdiction other than the laws of California. If any provision contained herein is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable in any respect, such provision shall be ineffective, but shall not in any way invalidate or otherwise affect any other provision. The Consultant Agreement may not be assigned by Consultant without the express written permission of R+F as described in the P&P, but may be freely assigned by R+F, and shall be binding on each of the parties successors and permitted assigns. Any attempted assignment in violation of this Section shall be void. 4 Consultant Application 2008 Rodan & Fields, LLC. All rights reserved A

5 Direct Deposit Enrollment As a Rodan + Fields Consultant, you can sign up for direct deposit to have all of the commission you make directly deposited into your bank account. We encourage all Consultants to use this service as it eliminates the hassle to cash checks at your bank and gives you your commission faster, making it easier for you to gain access as soon as it s available. By doing so, you re not only helping your business, but you re helping the environment too. To enroll in direct deposit, complete this form and return it with your signed agreement to the address above. Account Information: The figure at right indicates where you can find the required numbers on your check. Please refer to your checks for the actual numbers. You may have your monies deposited in up to two accounts. Please completely fill out the information below for each account, clarifying the percentage deposited in each account. Please include a copy of a voided check for each checking account (either via fax or mail). ALL FIELDS ARE REQUIRED Fax Bank Name: Bank Phone #: Address: Name on Account: Routing/Transit #: ACCOUNT #: Checking SavinGS other Deposit% or entire amount 2 Bank Name: Bank Phone #: Address: STREET Name on Account: Routing/Transit #: ACCOUNT #: Checking SavinGS other Deposit% or entire amount Please read and sign before submitting: By signing this document I am authorizing Rodan & Fields, LLC, or a payment service acting on its behalf, to deposit monies owed to me into the accounts as noted above by initiating credit entries to my account with the institutions noted above. This allows the financial institutions noted herein to accept those credit entries. Should any funds be deposited erroneously, I also authorize Rodan & Fields, LLC and my financial institution to correct the deposit for the amount of the error only. I understand that this authorization is effective until I have provided written notice to Rodan & Fields, LLC with any changes. I also understand that it may take one to two payment deposit cycles to initiate and terminate any direct deposit activities. I have included a copy of a voided check(s) CONSULTANT NAME: SIGNATURE: (PLEASE PRINT) SSN# DATE: / / 2008 Rodan & Fields, LLC. All rights reserved A