JUARA POLICIES AND PROCEDURES
WELCOME to the JUARA™ community! JUARA is the “whole package” with its wellness and holistic beauty solutions and its own unique authentic skincare story. JUARA Skincare is inspired by “Jamu,” the ancient Indonesian tradition of botanical healing tonics, validated by modern science, creating an attractive holistic fusion of East-meets-West in beauty. With a focus on “super-juicing your skin” for ultimate wellness, JUARA delivers skin health, radiance, and youthfulness. In addition, JUARA offers a rewarding business opportunity and progressive social model.
The following document is JUARA’s policies and procedures (the “Policies”), which are the rules for operating your independent JUARA business. Your Independent JUARA Guide contract includes several documents. In addition to the Guide Application that you agreed to when you enrolled, your contract with JUARA includes these Policies, the JUARA Compensation Plan (collectively, the “Agreement”). The most current version of the Agreement, including these Policies, will be posted on www.Juaraskincare.com, and within your Guide Back Office.
JUARA markets its products primarily through independent contractor sales representatives called “Guides,” who operate their own independent business centers (the “ Business Center”). JUARA Guides are required to read and comply with all of the terms and conditions set forth in the Agreement, as well as all federal, state, and local laws governing their JUARA business and their conduct. The Policies explain and govern the relationship between you, as an independent contractor, and the Company and will be strictly enforced by the Company. If you have any questions regarding any policy or rule, do not hesitate to seek an answer from the Compliance Department at JUARA (compliance@Juaraskincare.com).
JUARA’s opportunity is open to people from all walks of life, regardless of sex, race, nationality, religious beliefs, political affiliations or age as set forth in these Policies.
Guides have the unique opportunity of representing JUARA, its products and services to the community at large. Serving as ambassadors of the Company, all Guides agree to the following:
• I will promote JUARA’s products and business opportunity to prospective Customers and Guides with honesty and integrity.
• I will treat all people with respect at all times and in the same manner as I would like to be treated by them.
• I will take personal responsibility for my own Business Center and my organization.
• I will put the interests of my Customers and Guides ahead of mine.
• I will help each Guide I enroll try to achieve their personal goals.
• I will provide excellent customer service to each of my Customers.
• I will abide by local, state and federal laws, which govern my business and comply with JUARA’s Policies and Procedures.
• I will maintain a positive and encouraging attitude.
BECOMING A GUIDE
2.1 Guide Requirements. The requirements to be an Independent JUARA Guide are:
You must be at least 18 years old;
You must be a resident of the United States;
You need a Social Security Number or Federal Tax ID Number.
You must buy a Basic Starter Pack.
2.2 Enrollment Fee. There is no requirement to purchase products to be a Guide or to earn commissions or bonuses. However, at the time of enrollment, you must make a one time purchase of the Company’s Basic Starter System for $150.00. There are no required monthly charges, but there is an annual renewal fee of $100 per year.
2.3 Enrolling. A person can sign-up to become a Guide online, by telephone, facsimile, mailing a Guide Application to the company, or in person at the JUARA Home office. Once JUARA accepts and processes the Guide Application, that individual automatically achieves “Guide” status. The Application date will be the date that the Application is accepted and processed by JUARA. Once JUARA accepts the Application, JUARA will contact each Guide by email and issue a personal JUARA Identification Number (“IDN”). Thereafter, the IDN will be used for all Guide correspondence and inquiries. As a Guide, you agree to receive varied forms of communications (i.e., emails, text messages, pre-recorded messages, etc.) from JUARA.
PLEASE NOTE THAT JUARA, IN ITS SOLE AND ABSOLUTE DISCRETION, RESERVES THE RIGHT TO ACCEPT OR REJECT ANY PERSON AS A GUIDE.
2.4 Guide Benefits. Once we accept your Guide Application, the benefits of the JUARA Guide Compensation Plan and the Agreement are available to you. These benefits include the right to:
• Sell and solicit orders for JUARA products and submit them to the Company for fulfillment;
• Participate in the JUARA Guide Compensation Plan (receive bonuses and commissions, if eligible);
• Sponsor other individuals as Customers or Guides into the JUARA business, build a marketing organization, and progress through the JUARA Guide Compensation Plan;
• Participate in JUARA-sponsored support, service, training, motivational and recognition functions; and
• Participate in promotional and incentive contests and programs sponsored by JUARA for its Guides.
2.5 Status as Independent Contractor. Guides are independent contractors and are not to be considered purchasers of an intangible franchise or a distributorship. The agreement between JUARA and its Guides does not create an employer/employee relationship, partnership, or joint venture between JUARA and the Guides. JUARA Guides have no authority to bind JUARA to any obligation. It is each Guide’s responsibility to pay all income, social security, local or applicable taxes. Guides are not eligible for employee benefits, such as unemployment compensation, worker’s compensation or minimum wages. Each Guide is encouraged to set his or her own hours and to supply all of his or her own equipment and tools for operating his or her business, such as telephones, transportation, professional services, office equipment and supplies. Further, each Guide should determine his or her own methods of sale, so long as he or she complies with JUARA’s Policies.
2.6 Helping Other Guides. There is no “secret” involved in JUARA. Those who enroll, but who do not help new Guides develop their business, meet with limited success. Therefore, the responsibility of the enrolling Guide is to work with new Guides, helping them learn the business and encouraging them during the critical early months, and thereafter. Enrollers are not required to carry inventory of products or sales aids for new Guides.
Any Guide who Sponsors other Guides must fulfill the obligation of performing a bona fide supervisory, distribution and selling function in the sale or delivery of product to the ultimate customer and in the training of those enrolled. A Guide must have ongoing contact, communication and management supervision with his or her sales organization. Examples of such supervision includes, but are not limited to: product presentation, retail sales training, newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, training sessions and accompanying individuals to JUARA training. Guides must be able to provide evidence to JUARA, as requested by JUARA, of ongoing fulfillment of sponsor responsibilities, including training.
2.7 One JUARA Business per Guide. You may operate or have an ownership interest, legal or equitable, in only one unique JUARA business. To clarify, no individual may have, operate, or receive compensation from more than one unique JUARA Business Center. For example, you may not own a JUARA Business Center individually and also have an interest in a business entity that owns or operates a JUARA Business Center.
2.8 Business Accounts. A corporation, limited liability company, partnership, or trust (collectively referred to in this section as a “Business Entity”) may apply to be a JUARA Guide by submitting its Certificate of Incorporation, Partnership Agreement, or trust documents to JUARA, along with a properly completed Business Entity Registration form. Any and all owners with more than a ten percent (10%) ownership interest in a prospective Business Entity must be disclosed on the applicable Business Entity Registration Form that is submitted to JUARA. Upon registration as a Business Entity, a Guide has 90 days to provide to Guide Relations a copy of the IRS letter verifying the business contact information and FEIN. If the IRS letter is not received within this timeframe, the Business Entity account will be placed on a temporary hold until such documentation is received. Any of the owners listed on the Business Entity Application, or any other individuals for whom the Company has received written notice, are acceptable as managing individuals for the business account, provided that managing individuals may not separately own or manage other Guide Business Centers. Acceptable written notice is the submission of the Business Contact Update Form, which can be requested from Guide Relations The Business Entity Registration form must be signed by all of the shareholders, members, partners, or trustees. Members of the entity are jointly and severally liable for any indebtedness or other obligation to JUARA. There must be a named primary contact person per JUARA Guide account.
2.9 Household Business Exception and Limitation. Spouses or couples residing in the same immediate household may maintain the same Business Center(s). However, for qualifying spouses or cohabitating couples sharing the same business entity with a common tax ID number, there may be no more than two such Business Center(s) per household.
2.10 Addition of Co-Applicants. When adding a co-applicant (either an individual or a business entity) to an existing Business Center, the Company requires a written request as well as a properly completed Guide Application and Agreement containing both the applicant’s and the co- applicant’s Social Security numbers and signatures. The original applicant must remain as a party to the original Guide Application and Agreement. If the original Guide wants to terminate his or her relationship with the Company, he or she must transfer or assign his or her business in accordance with Section 2.13, or the business shall be canceled upon the withdrawal of the original Guide. All bonus and commission checks will be sent to the address of record of the original Guide. There is a $150.00 fee for each change requested, and payment must be included with the written request and the completed Guide Application and Agreement. JUARA may, at its discretion, require notarized documents before implementing any changes to a JUARA business. Please allow thirty (30) days after the receipt of the request by JUARA for processing.
2.11 Change of Sponsor. You may change sponsors within the first five business days after submitting your Guide Application and Agreement. To change your sponsor within such time, you must notify Customer Service and submit a new Guide Application and Agreement, which lists the new sponsor. The documentation must be received by JUARA no later than 5:00 P.M. mountain time on the fifth business day following the Company’s receipt of his or her original Guide Application and Agreement. If you change you sponsor pursuant to this policy, the 6-month waiting period under Section 2.12 shall not apply. There will be no fee associated with the change.
We reserve the right, at our sole and absolute discretion, to move a Guide from one organization or personal sponsor to another after the first five business days if we deem it necessary to maintain the integrity of the genealogy or otherwise appropriate.
In cases wherein the appropriate sponsorship change procedures have not been followed, we make a mistake in the placement of a Guide, or if we exercise our discretion to allow a Guide to change organization, we reserve the sole and exclusive right to determine the final disposition of the downline organization.
YOU WAIVE ANY AND ALL CLAIMS AGAINST JUARA AND ITS OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO JUARA’S DISPOSITION OF ANY DOWNLINE ORGANIZATION.
2.12 Cancellation and Reapplication. If you have been enrolled for more than five (5) business days you may cancel and re-enroll with a new sponsor only if you formally terminate your business and remain inactive (i.e. no purchases of JUARA products for resale, no sales of JUARA products, no sponsoring, no participation in any other form of Guide activity) for six (6) full calendar months. Regardless of the reason for your re-enrollment, if you re-enroll you must start your business anew under a new Business Center and may not transfer into any existing Business Center. Additionally, if you re-enroll you will not be entitled to your prior rank, benefits, volume, or position in the genealogy.
2.13 Sale, Transfer, or Assignment of a JUARA Business. If you want to sell, assign or otherwise execute a non-testamentary transfer of your Business Center, you must follow these procedures
Prior to selling your Business Center, you must notify JUARA’s Compliance department of your intent to sell the business and you must receive the Company’s written pre-approval. The Compliance department may be contacted via email at compliance@Juaraskincare.com.
• You must be in good standing and not be in material violation of any term of the JUARA Guide Policies & Procedures for the 12 calendar months preceding the date on which you request the transfer approval.
• The transferee may not have been a Guide at any point in the past, nor may the transferee have been an owner, officer, operator or agent of an entity that owned a Business Center at any time in the past.
• The transferee must satisfy JUARA that they have the knowledge and skill necessary to support and train the organization that he or she is acquiring.
• Once the transfer has been approved, the transferee and the new Guide must execute the proper applications and agreements, submit paperwork to JUARA and pay all applicable fees.
• A transfer request must be signed by both you and the Guide receiving the Business Center.
Notwithstanding the foregoing, JUARA reserves the right, in its sole absolute discretion, to deny any transfer request for any reason or add any terms, conditions or requirements to the transaction that it deems appropriate. This includes but is not limited to requiring the transferee to meet certain sales obligations.
2.14 Separation of a JUARA Business. JUARA Guides sometimes operate their JUARA businesses as husband-wife partnerships, regular partnerships, corporations, or trusts. In community property states the spouse of a Guide may have a legal interest in the Guides’ business. If you divorce, or if your JUARA business is owned by an entity that is dissolving or reorganizing, or if you reside in a community property state and you spouse has an interest in your JUARA business, during the divorce, dissolution or reorganization process, the parties must adopt one of the following methods of operation:
One of the parties may, with written consent of the other(s), operate the JUARA business pursuant to an assignment in writing (a copy of which must be submitted to the Company) whereby the relinquishing spouse, shareholders, partners, or trustees authorize JUARA to deal directly and solely with the other spouse or non-relinquishing shareholder, partner, or trustee; or
The parties may continue to operate the Business Center jointly on a “business-as-usual” basis, whereupon all compensation paid by JUARA will be paid according to the status quo as it existed prior to the divorce filing or dissolution proceedings. This is the default procedure if the parties do not agree on the format set forth above.
Under no circumstances will the downline organization of divorcing spouses or a dissolving business entity be divided. Similarly, under no circumstances will JUARA split commission and bonus checks between divorcing spouses or members of dissolving entities. JUARA will recognize only one downline organization and will issue only one commission check per JUARA business per commission cycle. Commission checks shall always be issued to the same individual or entity unless otherwise changed in accordance with this Section 2.14. If the parties to a divorce or dissolution proceeding are unable to resolve a dispute over the disposition of commissions and ownership of the business, the CBC shall be involuntarily canceled.
If a former spouse has completely relinquished all rights in their original JUARA business, he or she is immediately free to enroll under any sponsor of their choosing, and need not meet the waiting period requirements set forth in Section 2.14. In such case, however, the former spouses shall have no rights to any Guides in their former organization or to any former retail customers. He or she must develop the new business in the same manner, as would any other new Guide.
2.15 Succession. Upon the death or incapacity of a Guide, his or her rights to bonuses and marketing position, together with Guide responsibilities, shall pass to his or her successor in interest upon written application and upon JUARA’s receipt of all necessary documentation required by JUARA. The successor Guide must execute a Guide Application and Agreement and fulfill all responsibilities of the Guide.
2.16 Insurance. You may wish to arrange insurance coverage for your business. Contact your insurance agent to make certain you business property is protected. At no time can JUARA provide any insurance or other financial advice to any Guides as each Guide has his or her own unique circumstances as an independent contractor.
2.17 Actions of Household Members or Affiliated Individuals. If any member of your immediate household engages in any activity that would violate any provision of the Agreement, such activity will be deemed a violation by you, and JUARA reserves the right to take any disciplinary action pursuant to these Policies against you. Similarly, if any individual associated in any way with a corporation, partnership, trust, or other entity violates the Agreement, such action(s) will be deemed a violation by the entity and each of its owners, shareholders, members or management, and JUARA reserves the right to take disciplinary action against the entity and all individuals who own, operate, or manage the entity or the JUARA business.
OPERATING A JUARA BUSINESS
3.1 Deceptive, Fraudulent and Illegal Activities.
You must never engage in deceptive, fraudulent, or illegal activity in conjunction with your independent JUARA Business Center or make any false or deceptive claims about JUARA’s products or business opportunity.
• You must also conduct yourself so that your activities outside of your independent JUARA business do not affect your business or JUARA’s reputation. For example, if you are convicted of a felony or some other illegal activity that is unrelated to your JUARA business, it can damage the Company’s reputation and goodwill. Therefore, we reserve the right to cancel your Agreement if we learn that you had been or are convicted of, or plead no contest to, a felony or a crime involving drugs, fraud, theft, physical or sexual violence or abuse, or any other crime involving moral turpitude.
• Guides must promote and offer the JUARA business and products in a manner that is consistent with the Company’s practices.
• Guides may not create, publish or use marketing or training systems without the prior written approval of the Company, and not use any contracts or forms that the Company does not publish.
• Guides may not require or encourage other current or prospective Customers or Guides to execute any agreement or contract other than the official JUARA agreements and contracts in order to become a Guide.
• Guides may not sell or in any manner profit from (directly or indirectly) or promote any marketing systems or lead generation systems, or sell or promote lead lists to other Guides.
• Guides may not charge or receive any form of compensation or other benefits (such as income, traded or free services, recoupment of costs, charitable donations, etc.) for business tools, consulting for Guides, software or other sales aids, including requiring any other Guide to use any third party tools as part of their Guide business.
• Guides may not market any other goods or services to any Guides or customers through any JUARA tools, mediums or by using any JUARA provided contacts or information. Specifically with regard to events, Guides may charge solely to recoup their direct, verifiable out of pocket costs for training and Guide building events which may be audited by Compliance at any time. However, charging for any recruiting events, to receive any profit, or for personal time spent (rather than direct out of pocket expenses) is always prohibited.
3.2 Branded Merchandise. You may not create your own JUARA branded items (t-shirts, caps, etc.) for your own personal use or resale. You may only purchase JUARA branded items produced and sold by the Company.
3.3 Media Advertising. You may not engage in any television, radio, or video advertising that has not been preapproved in writing by the Company. Requests for the approval of television or radio advertising must be submitted to the Compliance department at compliance@Juaraskincare.com prior to developing the content for the media advertising.
3.4 Guide Websites. JUARA will host a robust website at www.Juaraskincare.com. Each individual Guide will have his or her own replicated website. These replicated websites are template websites from which you can sell JUARA products and enroll new Customers and Guides. You may not develop your own personal JUARA website to promote your JUARA business. In addition to your replicated website, you will receive your own Guide Back Office which is a business center for your business.
3.5 Trademarks, Copyrights, and Domain Names. Guides may not use, attempt to register, or register with the U.S. Patent and Trademark Office, any state Trademark Office, any Trademark Office outside of the United States, or with any domain registrar any of the following or their translations (in any language), whether alone or in combination with any other word(s), design(s), or symbol(s): (1) Our name JUARA; (2) JUARA’s brand names, trade names, trademarks, service marks, product names, domain names, symbols, logos, slogans, artwork, or other identifiers or designations of origin of JUARA (collectively, the “Marks”); (3) anything confusingly or substantially similar to any of the Marks as determined by JUARA, including any portion of, modification to, or derivative of any of the Marks, or (4) the word “Guide” by itself. This restriction includes any use of any of the above as or in connection with any symbols, keywords, advertisement buys, hidden text, or any other activities that are considered Internet optimization; as any Internet domain name (including, without limitation, as a sub-domain on the JUARA website); or as the Guide’s account name or user ID within any blogs, social networking websites, or any “posting” sites such as (but not limited to) Facebook, YouTube, Instagram, or Twitter; or as the numbers/designations within a Guide’s phone number (for example, 1-800- JUARAA).
JUARA products enjoy strong brand recognition. Because JUARA brands are well recognized, we go to great lengths to protect them. So long as you are an active Independent JUARA Guide, you have limited license to use the Marks for the sole purpose of building your JUARA business and selling JUARA products. You can download the Marks from your Guide Back Office and you may only use the Marks that are available for download. That is, you must not try to copy or recreate any of the Marks or any mark that is similar to the Marks. You are expressly prohibited from modifying the Marks in any manner. Finally, You must not use any of the Marks in any domain name, email address, social media handle, or use them in a company name, or use them in a customized license plate. We also have to protect our copyrighted material. Therefore, you may not copy or produce for sale, distribution, or advertising any of the Company’s copyright-protected material and may not record Company events and speeches without express written permission from JUARA. Likewise, JUARA produces its own promotional videos, some of which are posted in your Guide Back Office for your use. If you use any of these videos, you must use the video as it is posted and never edit the video. If you use any of our copyrighted materials in your promotional material, which JUARA deems violates this Agreement or any of its intellectual property rights, it may ask you to immediately take down such promotional materials and remove our copyrighted materials. To the extent that Guides become aware of any activity that may infringe on any trademark, copyright, or other intellectual property rights of JUARA, Guides should immediately inform JUARA via email at compliance@Juaraskincare.com. Guides should not, and are not authorized to, act on JUARA’s behalf in such situations for many reasons, including that any action could harm JUARA’s ongoing enforcement efforts.
3.6 Media and Media Inquiries. Guides may not publish or allow any third party to publish a press release or news release without obtaining prior written approval of the content and proposed channels by JUARA’s Compliance department. Proposed press releases may be submitted by email to the Compliance department for further review and approval. If you are contacted by the media, please politely direct them to us at compliance@Juaraskincare.com. Our media and public relations will be prepared to respond.
3.7 Unsolicited Telephone/FAX/Computer Solicitation. The use of JUARA’s name or copyrighted materials may not be made with automatic calling devices or “boiler room” operations either to solicit Guides or Customers. Guides agree to comply with the Telephone Customer Protection Act (TCPA), including but not limited to the Federal Communications Commission’s prohibition against unsolicited telephone marketing calls, faxes, and text messages.
Federal and state laws severely restrict, and in some cases prohibit, certain types of telemarketing, that is, the initiation of telephone calls or messages to encourage the purchase of, or investment in, property, goods or services. Depending upon the circumstances, the law prohibits or restricts live calls, prerecorded or artificial voice messages, and the use of automatic telephone dialing machines (“autodialers”) and fax machines. Effective August 25, 2003, the Federal Communications Commission (“FCC”) adopted additional rules and regulations further restricting telemarketing pursuant to the federal Telephone Customer Protection Act (“TCPA”). State laws may be more restrictive than federal law.
JUARA does not engage in telemarketing activities and none of its Guides are authorized to engage in telemarketing activities on JUARA’s behalf. In addition, JUARA cannot give you legal advice. If you, as a Guide decide to engage, on your own behalf, in the very limited types of telemarketing activities permitted by law, it is your responsibility to consult with an attorney who is knowledgeable about this area of law and familiarize yourself with applicable federal law and the laws of any state in which you conduct business. Notwithstanding the foregoing, Guides must follow the following policies:
• Autodialers. Guides may not use autodialers to offer JUARA products, or the earnings opportunity.
• Prerecorded or artificial voice messages. Guides may not use prerecorded or artificial voice messages to offer JUARA products, or the earnings opportunity, unless: (a) you have an established business relationship with the recipient, or (b) you have obtained the prior express consent of the recipient to the use of such prerecorded or artificial voice messages.
• Unsolicited faxes & unsolicited e-mail and text messages. Guides may not send a fax message, an e-mail or text message to anyone with whom you do not have an established business relationship, or who has not given you prior express permission to send them a fax message.
• Do Not Call Lists. Guides may not contact, either by telephone or by fax, any person or entity whose telephone number is on any government sponsored “Do Not Call” list, unless one of the FCC’s exemptions is applicable to the specific person or entity. You must also maintain your own “Do Not Call” list that records the number(s) of any person or entity that requests that they not be contacted by you. Furthermore, you must maintain a written policy governing the “Do Not Call” list, and all personnel engaged in telephone solicitation on your behalf must be trained in the existence and use of the list. It is your responsibility to consult with your attorney to determine the requirements of federal and any state laws relating to “Do Not Call” lists, and to comply with those requirements.
• Further restrictions. Federal law requires that any person or entity making a telephone solicitation must, at the beginning of the message, provide the called party with the name of the individual caller and the name of the person or entity on whose behalf the call is being made. The person or entity on whose behalf the call is made must also provide a telephone number or address at which such person or entity may be contacted. In addition, no calls may be made before 8:00 a.m. or after 9:00 p.m. (local time at the called party’s location).
• Electronic Communications. The CAN-SPAM Act of 2003, a federal law that governs the use of email messages to advertise or promote a commercial product or service, including content on an Internet website operated for commercial purposes, applies to all Guides who promote the sale of JUARA products or the earnings opportunity by sending email, regardless of whether the Guide has a pre-existing business or personal relationship with the recipient. Failure to obey the requirements of the CAN-SPAM Act could result in criminal and civil enforcement actions, imprisonment and severe financial penalties. Guides may not send unsolicited commercial email or unsolicited bulk email (spam). Guides are prohibited from sending messages unless the Guide has a prior existing business or personal relationship with the recipient, or the recipient has provided prior affirmative consent to receive the message. “Prior existing business relationship” means a relationship formed by a voluntary, two-way communication between the Guide and the recipient based on the recipient’s prior purchase, transaction, or inquiry. “Personal relationship” means a relationship based on the recipient’s status as a family member, friend or acquaintance with respect to the Guide. “Affirmative consent” means that the recipient has expressly consented to receive the message, either in response to the Guide’s clear and conspicuous request for such consent or at the recipient’s own initiative. Consent must specifically address receipt of messages regarding JUARA products or the earnings opportunity. It is the Guide’s responsibility to ensure his or her compliance with all laws and regulations.
The policies set forth above must be adhered to in all cases. As a Guide, it is your responsibility to abide by all applicable laws, as well as JUARA’s policies and procedures, and to make sure that those who you supervise do so as well.
3.9 Social Media & Online Conduct. Guides rely heavily on social media as a tool to grow their business and share their passions. It is critical to remember that whether you do so by participating in a blog, video, Wiki, social network or any other form of online publishing or discussion, social media is heavily regulated and includes the following set of rules and guidelines that Guides must follow.
• You are personally responsible for your postings and all of your other online activity that relates to JUARA. Therefore, even if you don’t manage or operate a blog or social media site, if you post to any site about JUARA, you are responsible for the posting. You are also responsible for postings that appear on any blog or Social Media site that you manage or control even if someone else posts offending material on that site.
• You must disclose your full name on all social media postings, and conspicuously identify yourself as an Independent JUARA Guide. Anonymous postings, blind ads, or use of an alias are not permitted. This identification must be in the original post and not in a separate comment that could be covered up by subsequent comments, or in your details about yourself. Whenever you provide your personal opinion, you must clarify what is your opinion rather than a JUARA position with a statement such as “The postings on my site are my own and do not necessarily represent the position, strategy or opinions of JUARA and its brands.”
• Online sales and/or enrollments may only be generated from Your JUARA replicated website and direct links. You must not use a social media site to accept orders or to attempt to sponsor or enroll prospective Guides. You must not use any social media site to explain the JUARA Compensation Plan or any component of it.
• Use of Third Party Intellectual Property in Postings. As with content you use on your own website, if you use the trademarks, trade names, service marks, copyrights, or intellectual property of any third party in any posting, it is your responsibility to ensure that you have received the proper license to use it and have paid the appropriate license fee. All third-party intellectual property must be properly referenced as the property of the third- party, and you must adhere to any restrictions and conditions that the owner of the intellectual property places on the use of its property.
• Respecting Privacy. Always respect the privacy of others in your postings. You must not engage in gossip or advance rumors about any individual, company or competitive product or service.
• Professionalism. It is your responsibility to ensure that your postings are truthful and accurate. This requires that you fact-check the material that you post. You should also carefully check your postings for spelling, punctuation and grammatical errors. Use of offensive language or inappropriate images is prohibited.
3.10 Prohibited Postings. No matter what media you are using, you may not make any postings or link to any postings or other material that:
• Is sexually explicit, obscene or pornographic;
• Is offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
• Is graphically violent;
• Is solicitous of any unlawful behavior;
• Engages in personal attacks on any individual, group, or entity; or
• Is in violation of this Agreement or any JUARA intellectual property rights or the rights of any third party.
3.11 Responding to Negative Posts. Do not attempt to converse with someone who places a negative post against you, other Independent JUARA Guides, or JUARA. You may report negative posts or your specific concerns to the Compliance department via email at compliance@Juaraskincare.com. Responding to negative posts simply fuels a discussion with someone carrying a grudge that does not hold themselves to the same high standards as JUARA, and therefore damages the reputation and goodwill of JUARA.
3.12 Social Media Sites and Blogs with Website-Like Features. Because some social media sites and blogs are very robust, the distinction between them and a website may not be clear-cut. JUARA therefore reserves the exclusive right to classify certain social media sites and blogs as websites and require that you adhere to the Company’s policies relating to independent websites if you use such social media site.
3.13 Online Auctions, Marketplaces, Keywords, and Shop Sites. You may not offer or facilitate the offering of JUARA products on or through any online auction or classified site, including but not limited to eBay, iOffer, and/or Craigslist, or any online marketplace, such as Amazon Marketplace.
You may use online marketplaces and social networking sites simply to discuss the JUARA Guide Business Opportunity, but must always identify yourself as an Independent JUARA Guide in each of these forums. Similar to website advertising, any title or content of any social networking website, account or other forums cannot in any manner imply that the forum and/or its content is coming directly from or is in any manner sponsored or endorsed by the Company.
You may not buy or use Keywords, Sponsored Links, and/or Adword buys that include any Company Marks, on any search engines, websites or any other online marketplaces (including Facebook and other social media outlets). Similarly, you may not list or advertise on shopping comparison sites or similar product price search engines where you must purchase any placement or listing (including but not limited to Google Product Search, Shopzilla and NextTag), and must abide by the stated policies and prohibitions contained on any free registration shopping sites (including but not limited to Google Product Search).
3.14 Bonus Manipulation Prohibited. Bonus Manipulation is strictly and absolutely prohibited. “Bonus Manipulation” includes: (a) the enrollment of individuals or entities without the permission and/or knowledge of such individuals or entities; (b) the fraudulent enrollment of an individual or entity as a Guide or Customer; (c) the enrollment or attempted enrollment of nonexistent individuals or entities as Guides or Customers; (d) purchasing JUARA products or services on behalf of another Guide or Customer, or under another Guide’s or Customer’s I.D. number, to qualify for commissions or bonuses; (e) purchasing JUARA’s products for the sole reason to qualify for commissions or bonuses; or (f) any other mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions, or bonuses that is not driven by bona fide product or service purchases by end-user consumers (including but not limited to manipulative building super nodes and placement manipulation).
The use of any individual’s credit cards, debit cards, or other payment instruments to purchase products or service fees on the accounts of any other Guide or Customer other than immediate family members (defined as a parent, spouse, or child) is expressly prohibited. Similarly, subject to the allowance provided in the prior sentence, each Guide must maintain payment for their own account and may not use a third party’s payment instrument to pay for their JUARA products or services.
If the Guide who is found to be participating, facilitating or in any manner actively encouraging any bonus manipulation activity (including through communications, usage of credit cards or providing prepaid debit cards, etc.) may face fines and disciplinary action, including the immediate suspension or termination of that Guide’s Business Center.
3.15 Product & Testimonial Claims. No claims (which include personal testimonials) as to therapeutic, curative, or diagnostic properties of any products offered by JUARA may be made except those specific claims contained in official JUARA literature. Such claims may only be repeated or republished in exactly the same format as that published by the Company and the claim must be republished in its totality. In particular, no Guide may make any claim that JUARA products are useful in the cure, treatment, diagnosis, mitigation, or prevention of any diseases. Such statements can be perceived as medical or drug claims. Not only do such claims violate JUARA policies, but they potentially violate federal and state laws and regulations, including the Federal Food, Drug, and Cosmetic Act and the Federal Trade Commission Act. Whenever a Guide is using any JUARA product or opportunity materials, the Guide must always include any and all notices, warnings and disclaimers provided by JUARA. For example, when discussing supplements and their beneficial effects, the following statement should be included:
These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.
3.16 Income Claims.
You may not make unsubstantiated income claims about the JUARA income opportunity. Guides may only make income claims (which includes, but is not limited to, showing checks, bank statements, or tax records) that they can document as accurate (such as about their own income or that of other Guides that they have actual proof to support), and they must include the following mandatory statement each time they make such a representation:
JUARA does not guarantee any level of success or income from the JUARA Guide Opportunity. Each Guide’s income depends on his or her own efforts, diligence, and skill. Most Guides are part time and earn some additional income through JUARA’s generous retail bonuses by selling product to customers.
Further, Guides may only make such substantiated income claims to a third party in person. Guides may not post any substantiated income claims on any online forum, blog or other form of social media or include such claims in any marketing material. This includes, but is not limited to the amounts of, or actual pictures of, any compensation paid to Guides from the JUARA income opportunity (such as pictures of ACH deposits, fabricated checks, tax statements, or screen shots of a bank account or the Guide’s online office statements or any “lifestyle photos”).
Unsupported or unauthorized claims are expressly prohibited under these, but also violate multiple state and federal laws and regulations. Accordingly, any Guides engaging in unsupported or prohibited income claims may be subject to immediate disciplinary procedures, including, without limitation, suspension or termination
3.17 Commercial/Retail Outlets. JUARA’s business model calls for product sales through direct contact with customers. Therefore, you may not sell or facilitate the sales of JUARA products out of stores, kiosks, food establishments, buying clubs, or any other general public retail or commercial outlets. You may display and sell JUARA products in establishments that primarily provide services to private clientele. Examples of these limited locations include doctors’ offices, gyms, health clubs, salons and private workout studios. In no instance, however, shall any displays or advertising of JUARA products be visible from the street or otherwise to the general public.
3.18 Trade Shows, Expositions, and Other Sales Forums. Guides may display and/or sell JUARA products and the Guide Business Opportunity at trade shows and professional expositions. Before submitting a deposit to the event promoter, Guides are encouraged to contact the Compliance department in writing to obtain JUARA’s approval. Guides must always act in a professional and supportive manner at any such events. JUARA must pre-approve all advertising material that the Guide who received approval to display at the event wishes to use.
Any Guide who wishes to participate as a Guide at a trade show or expo must exclusively represent JUARA products and services at the approved event, and may not market any other products or services with JUARA products and services. Any requests to participate in future events must again be submitted to the Compliance Department. JUARA further reserves the right to refuse authorization to participate at any function it does not deem a suitable forum for the promotion of its products, services, or the Guide Business Opportunity. Approval will not be given for swap meets, garage sales, online auctions, or flea markets, as these events are not conducive to the professional image JUARA wishes to portray.
3.19 Nonsolicitation. JUARA Guides may participate in other multilevel or network marketing business ventures or marketing opportunities (collectively “network marketing”) subject to the terms of this Section 3.19. However, during the term of your Agreement, you shall not take or encourage any action, the purpose or effect of which would be to circumvent, breach, interfere with or diminish the value or benefit of JUARA’s contractual relationships with any other JUARA Guide. Without limiting the generality of the foregoing, for the term of your Guide Membership and for a nine month period after the termination of your Agreement, you agree not to directly or indirectly, contact, solicit, persuade, enroll, sponsor or accept any JUARA Guide, JUARA Customer or anyone who has been a JUARA Guide or Customer for the last six months, into, or to encourage any such person in any way to promote opportunities in marketing programs of any direct sales company. Furthermore, during the term of your Agreement, you are prohibited from appearing in, being referenced in, or allowing your name or likeness to be featured or referenced in any promotional, recruiting or solicitation materials or activities for any direct sales company other than JUARA. This includes, but is not limited to, sending e-mails, maintaining a Web site or Social Media site, attending meetings or participating in conference calls or other recruiting, field or company-related events or activities for any direct sales company other than JUARA.
In addition, any action taken by a Guide while building their organization that is found to be detrimental to JUARA will be subject to disciplinary action, up to and including suspension and/or termination of his or her Membership. This type of action includes, but not limited to, manipulative building of super nodes and placement manipulation.
Violation of any provision of this policy constitutes a Guides voluntary resignation and cancellation of his or her Agreement, effective as of the date of the violation, and forfeiture by the Guide of all commissions or bonuses payable for and after the calendar month in which the violation occurred. If JUARA pays any bonuses or commission to the Guide after the date of the violation, all bonuses and commissions for and after the calendar month in which the violation occurred shall be refunded to JUARA.
In addition to being entitled to a refund of bonuses and commissions and to any damages arising hereunder, in the event a person or entity violates this policy, JUARA and any Guide that experiences an adverse financial impact as a result of such person’s or entity’s violation of this policy shall be entitled to an accounting and repayment of all compensation, financial or other benefits which the person or entity directly or indirectly received and/or may receive as a result of, arising out of, or in connection with any violation of this Policy. Such remedy shall be in addition to and not a limitation on any damages, injunctive relief or other rights or remedies to which JUARA is or may be entitled to at law or in equity.
Violations of this policy are especially detrimental to the growth and success of other JUARA Guides’ businesses. In addition to relief sought by harmed Guides, JUARA may also seek and obtain from the violating Guide damages for violations of this policy. If litigation or arbitration is undertaken to recover commissions, bonuses or damages as specified herein, the prevailing party shall be entitled to an award of attorney’s fees and expenses.
3.20 Participation in Multiple Network Marketing Opportunities. If you are engaged in another non-JUARA business or Network Marketing program, it is your responsibility to ensure that your JUARA business is operated entirely separate and apart from all other businesses and/or Network Marketing programs. Therefore, you must adhere to the following:
• You may not sell, advertise or attempt to sell any competing non-JUARA programs, products or services that are sold through another Network Marketing program to JUARA Customers or Guides. Any program, product or services in the same generic categories as JUARA products or services is deemed to be competing, regardless of differences in cost, quality or other distinguishing factors.
• You may not display JUARA promotional material, sales aids, products or services with or in the same location as any non-JUARA promotional material, sales aids, products or services.
• You may not offer the JUARA opportunity, products or services to prospective or existing Customers or Guides in conjunction with any non-JUARA program, opportunity, product or service.
• Guides may not offer any non-JUARA opportunity, products, and services at any JUARA-related meeting, seminar, convention, webinar, teleconference or other function.
JUARA’s mission to help people achieve their goals remains our top priority. While we respect your ability to pursue various opportunities as long as you comply with these Policies, if you are enrolled as independent Guide in another network marketing program, you are not eligible to receive recognition at any JUARA function or in any JUARA publication.
Guides and the Company recognize that because network marketing is conducted through networks of independent contractors dispersed across the entire United States and internationally, and business is commonly conducted via the Internet and telephone, an effort to narrowly limit the geographic scope of this non-solicitation provision would render it wholly ineffective. Therefore, Guides and JUARA agree that this non-solicitation provision shall apply to all markets in which JUARA conducts business.
3.21 Participation in Other Business Opportunities. As independent contractors with independent interests, Guides may engage in other business interests and opportunities provided that they comply with the terms and restrictions provided in these Policies.
Guides may not advertise, sell, or attempt to sell any non-JUARA programs, products, or services to JUARA Customers or Guides on a JUARA provided or JUARA dedicated website.
In addition to the restrictions above, Guides may not display JUARA promotional material, products, or services with any other promotional material, products, or services in a fashion that might in any way confuse or mislead a prospective Customer, Guide, or member of the public into believing there is a relationship between the JUARA and non-JUARA products or services. Guides may not advertise, offer, or sell the JUARA Guide Business Opportunity, JUARA products, or JUARA services to prospective or existing Customers or Guides or to the public in conjunction with any non-JUARA program, opportunity, product, or service. Guides may not offer any non-JUARA Guide Business Opportunity, products, or services at any JUARA- related meeting, seminar, or convention, or immediately following such event. Finally, Guides may in no manner (a) “bundle” or combine any non-JUARA products or services as a packaged offer for sale or advertisement with any JUARA products or services, or (b) offer or require any non-JUARA products or services as either an incentive or requirement to recruit prospective Guides, or to provide support or training to existing Guides.
Guides found in violation of these policies may face the suspension and/or termination of their JUARA Guide account.
3.22. Genealogy Reports. Genealogy reports are available through your Guide Back Office provided by the Company. The information in your genealogy report is trade secret information that belongs exclusively to JUARA. You must never use this information for any reason other than to build your JUARA business and of course you must NEVER allow anyone to access your genealogy report or provide any information in the report to anyone else. If you share your username, password or any other access to you JUARA Guide account, Guide Back Office, you are solely responsible, among other possible damages, for any resulting charges, activity or changes to you Guide organization, reports, rank or other financial information.
3.23 Cross-Sponsoring. You must never attempt to or cross sponsor any Guide from another Guide. Cross-Sponsoring is any effort to enroll an existing Guide or someone who was a Guide whom you did not personally sponsor within the preceding six calendar months. In the spirit of this policy, you must also not attempt to circumvent this policy through any other means (such as using a spouse’s name or forming an entity through which to operate).
If Cross-Sponsoring is discovered, you must bring it to the Company’s attention immediately. JUARA may take disciplinary action against the Guide who changed organizations and/or those Guides who encouraged or participated in the Cross-Sponsoring. JUARA may also move all or part of the offending Guide’s downline to his or her original downline organization if the Company deems it equitable and feasible to do so. However, JUARA is under no obligation to move the Cross-Sponsored Guide’s downline organization, and the ultimate disposition of the organization remains within the sole discretion of JUARA. You waive all claims and causes of action against JUARA arising from or relating to the Company’s disposition of the Cross-Sponsored Guide’s downline organization.
3.24 Compensation Errors. If you have questions or believe any errors have been made regarding your commissions, bonuses, Downline Activity Reports, or charges, you must notify JUARA in writing within sixty (60) days from the date on which the purported error occurred. GUIDES EXPRESSLY WAIVE CLAIMS FOR ANY ERRORS, OMISSIONS, OR PROBLEMS NOT REPORTED TO THE COMPANY WITHIN SIXTY (60) DAYS.
3.25 Inventory Loading. You must never purchase more products than you can reasonably consume or sell in a month, and must not influence or attempt to influence any other Guide to buy more products than they can reasonably use or sell in a month. JUARA reserves the right, in its sole discretion to cancel, limit or modify any orders, which it feels, may violate this policy.
3.26 Bribes. You must never pay, offer or promise to pay, or directly or indirectly authorize the payment of any money, gift, or anything of value to any government official, officer or employee of a government at any level, or any officer or employee of an entity controlled to any extent by a government, a public international organization, a person acting in an official capacity for or on behalf of any such government or public international organization, a candidate for political office, a political party or party official) for the purpose of influencing any act or decision of such official or to obtain or retain business.
RESPONSIBILITIES OF GUIDES
4.1 Change of Address, Telephone or Email. To ensure timely delivery of products, support materials, and commission checks, it is critically important that JUARA’s files are current. Street addresses are required for shipping, because UPS cannot deliver to a post office box. If you plan to move or change your email address, you should update the information by logging in to your back office or provide your new email, address and telephone number to JUARA’s Guide Relations Department (Guiderelations@Juaraskincare.com). To guarantee proper delivery, two-week advance notice must be provided to JUARA of all changes.
4.2 Continuing Training Obligations. If you sponsor and enroll another Guide into JUARA, you must provide actual assistance and training to ensure that your downline is properly operating his or her JUARA business. You must have ongoing contact and communication with the Guides in your downline organizations. Examples of such contact and communication may include but are not limited to newsletters, written correspondence, personal meetings, telephone contact, voicemail, electronic mail, and the accompaniment of downline Guides to JUARA meetings, training sessions, and other functions. Upline Guides are also responsible to motivate and train new Guides in JUARA product knowledge, effective sales techniques, the JUARA Guide Compensation Plan, and compliance with these Policies and Procedure.
You must monitor the Guides in your downline organization to educate your downline Guides not to make improper product or business claims, or engage in any illegal or inappropriate conduct. Upon request, every Guide should be able to provide documented evidence to JUARA of his or her ongoing fulfillment of the training responsibilities of a sponsor.
4.3 Ongoing Sales Responsibilities. Regardless of Your level of achievement, you have an ongoing obligation to continue to personally promote sales through the generation of new Customers and through servicing their existing Customers.
4.4 Non-disparagement. JUARA wants to provide its Guides with the best products, compensation plan, and service in the industry. Accordingly, we value your constructive criticisms and comments. All such comments may be submitted in writing to the JUARA Compliance Department (compliance@Juaraskincare.com). While JUARA welcomes constructive input, negative comments and remarks made in any forum (online, written, or in the field) by Guides about the Company, its compensation plan or other Guides serve no purpose other than to sour the enthusiasm of other JUARA Guides. For this reason, during the term of this Agreement and for a period of twelve months following the termination of such Agreement for any reason, a Guide shall not disparage JUARA, other Guides, JUARA’s products, compensation plan or services or JUARA’s members, managers, officers or employees to any other person. “Disparage” shall mean making statements whether true or false, that : (i) discredit or detract from the reputation of JUARA, its products, services, employees or (2) that present any of the foregoing in a negative light. Any questions, suggestions or comments regarding these issues should be directed in writing to compliance@Juaraskincare.com.
4.5 Reporting Policy Violations or Fraudulent Activity. If you see another Guide engaging in a Policy violation, you should report the violation directly to the JUARA Compliance department. Details of the incidents, such as dates, number of occurrences, persons involved, and any supporting documentation, should be included in the report. Emails should be sent to compliance@Juaraskincare.com.
4.6 JUARA Lead Programs. The Company engages in various marketing activities that are directed at the JUARA network customer database (those customers who have purchased through direct response channels). JUARA network customers who are interested in JUARA products or the JUARA business opportunity are assigned a Guide through our various lead programs. If the Company assigns you a lead, you must promptly engage with these customers to ensure that they are getting the most out of their products, and to potentially connect them with other products, which might help them achieve their goals. JUARA does not guarantee that you will be assigned leads under any of its lead programs even if you meet all of the qualification criteria for the program.
5.1 Product Pricing and Promotion Guidelines. Guides may not sell JUARA products below the list price on the JUARA price list, nor may they offer additional incentives not offered by JUARA, including but not limited to, free or reduced shipping charges, or any other similar incentives on the sale of JUARA products. At no time may any cash payment, directly, as a reimbursement or through any third party, be offered or made in connection with any recruitment, enrollment, or business activities, except as otherwise defined in the JUARA Compensation Plan. Guides may not offer “free” enrollment or any reduction in the standard enrollment charges as an incentive to new Guides by refunding any or all of the cost of the new Guide’s original enrollment fee.
5.2 Bonus Pools & Incentives. Guides may offer incentives to their organizations, including cash incentives up to $2,500 provided such incentives are not directly related to any recruitment activity. Where a Guide offers a non-cash incentive, each Guide offering such an incentive must publish clear guidelines to his or her organization, which outline the qualifications necessary to be eligible for the incentive. Again, all incentives must be achievement based and never based on or focused around recruiting, or enrollment with a certain Guide or as an “enrollment bonus” or perk. Guides wishing to offer their organizations the opportunity to participate in a bonus pool (separate from any bonus paid by JUARA as outlined in the JUARA Compensation Plan) must review the offer they wish to make with the Compliance department for prior approval. Participation in a business challenge operated by an Independent JUARA Guide where a bonus pool is available must be completely voluntary. The bonus pool must not have a combined value of greater than $,2,500 and all monies paid in by participating Guides must be paid out to all participating Guides at the end of the promotion with no monies being retained by the sponsoring Guide.
5.3 No Exclusive Territories. There are no exclusive territories granted to anyone.
5.4 Sales Receipts. You must provide your retail customers (direct orders not placed through your JUARA website) with two copies of an official sales receipt at the time of the sale. These receipts set forth the Customer Satisfaction Guarantee, as well as any consumer protection rights afforded by federal or state law. Guides must maintain all retail sales receipts for a period of two (2) years and furnish them to JUARA at the Company’s request for sales that are fulfilled from a Guide’s inventory. Records documenting the purchases of Guides’ Direct Customers will be maintained by JUARA. In addition, Guides must orally inform the buyer of his or her cancellation rights. Copies of Sales Receipts may be found in you Guide Back Office.
5.5 Fundraising Programs. JUARA Businesses may be operated for fundraising purposes. However, if you are using your Business in a fundraising program for any entity or individual, you must not represent or imply to anyone that any JUARA or its Guides are directly involved with the charitable promotion.
5.6 Charitable Donations. Although Guides may contribute a portion of their JUARA earnings to a charitable cause, due to the charitable permit and registration requirements of multiple states and additional federal requirements, you may not use any contribution as a means of promoting your JUARA business, or run any sales or incentive promotions where a charitable group or cause is identified as the benefitting organization.
BONUSES AND COMMISSIONS
6.1 Bonus and Commission Qualifications. All bonuses and commissions will be electronically deposited (“ACH”) into a Guide’s bank account. The Company will not issue checks. The minimum amount for which JUARA will send an ACH is $10.00. If your bonuses and commissions do not equal or exceed $10.00, the Company will accrue the commissions and bonuses until they total $10.00.
6.2 Adjustment to Bonuses and Commissions. Guides receive bonuses and commissions based on the actual sales of products and services to end consumers. When a product is returned to JUARA for a refund or is repurchased by the Company, the bonuses and commissions attributable to the returned or repurchased product(s) will be deducted, in the month during which the refund is given, and continuing every pay period thereafter until the commission is recovered, from the Guides who received bonuses and commissions on the sales of the refunded products. The Company may, at its discretion, also deduct the corresponding volume from Guide’s future purchases and sales and may make adjustment to any contest or incentives qualified for as a result of the original purchase.
6.3 Processing Fees. JUARA will charge Guides a small fee of $1.00 to electronically deposit Guides’ commissions and bonuses into their bank accounts.
6.3 Reports. ALL PERSONAL AND GROUP SALES VOLUME INFORMATION, DOWNLINE ACTIVITY REPORTS, AND ALL OTHER INFORMATION PROVIDED THROUGH YOUR JUARA GUIDE ONLINE OFFICE IS OWNED EXCLUSIVELY AND AT ALL TIMES BY JUARA, AND IS PROVIDED “AS IS” WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR BUT WITHOUT LIMITATION THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NONINFRINGEMENT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, JUARA, ITS OWNERS, AFFILIATES, PARENT ENTITIES, SUBSIDIARIES, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY GUIDE OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF YOUR RELATIONSHIP WITH JUARA AS AN INDEPENDENT GUIDE, INCLUDING WITHOUT LIMITATION ACCESS TO OR LOSS OF PERSONAL AND GROUP SALES VOLUME INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, BONUSES OR COMMISSIONS, LOSS OF OPPORTUNITY, AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF JUARA OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, JUARA OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY, OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.
Access to and use of JUARA’s online and/or hard-copy reporting services, and your reliance upon such information, is at your own risk. All such information is provided to you “as is.” If you are dissatisfied with the accuracy or quality of the information, your sole and exclusive remedy is to discontinue use of and access to JUARA’s online, hard copy, and telephone reporting services and your reliance upon the information.
The Company is not responsible for losses or damage incurred by Guides that arise from or relate to problems with JUARA’s system or problems with a Guide’s replicated Website or Guide Back Office, including losses from but not limited to software error, hardware malfunction, unauthorized third-party access to the system, or other system malfunctions or errors. ANY AND ALL SOFTWARE, WEBSITES, ELECTRONIC TOOLS, AND ANY OTHER SYSTEMS OFFERED OR PROVIDED BY JUARA ARE EXPRESSLY PROVIDED SOLELY “AS IS” AND WITHOUT ANY WARRANTIES OR ASSURANCES OF ANY KIND. JUARA MAKES NO WARRANTY THAT ANY SOFTWARE OR WEBSITE SYSTEM IS ERROR FREE AND DOES NOT INFRINGE ON ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
PRODUCT GUARANTEES, RETURNS AND INVENTORY REPURCHASE
7.1 Product Guarantee. If for any reason a Customer, Guide or personal retail customer of a Guide is not entirely satisfied with the product, they may return the product or any unused portion within 30 days after the purchase (less shipping and handling).
7.2 Return of Products and Sales Aids by Guides. Upon cancellation of your Guide Agreement, you may return products and sales aids that you purchased within 12 months prior to the date of your cancellation for a refund. You must return the products and sales aids within 30 days from the date on which you cancel, and you may only return products and sales aids that you personally purchased from the Company and which are in Resalable Condition. You may not return products, which you purchased for another household member who is also a Guide. Upon receipt of the products and sales aids, you will be reimbursed one hundred percent (100%) of the net cost of the original purchase price(s), less shipping charges. If the purchases were made through a credit card, the refund will be credited back to the same account. If you were paid a commission based on the purchase of a product or products, and such product or products are subsequently returned for a refund, the commission that was paid to you will be deducted from the amount of the refund.
7.3 Procedures for All Returns. To ensure accurate processing of returned orders, you should call Customer Service before returning product to the Company. The Customer Service Agent will provide you with a Return Merchandise Authorization Number (RMA). To eliminate errors in processing, any product returned must be accompanied by a RMA. Your cooperation is appreciated.
Once you have received your RMA number, please mail your return to JUARA, Attn: Guide Relations. 165 W Canyon Crest Rd. Suite 160, Alpine, UT 84004.. Please ensure that you clearly mark the RMA number outside of each returned box.
Any merchandise being returned to JUARA must be sent pre-paid. Guides are encouraged to use a traceable means of transport, as JUARA is not responsible for items lost in transport. A credit will be issued for 100% of the product purchase price, less shipping, to the credit card originally used for payment or by the original payment method.
If a Guide is returning merchandise to JUARA that was returned to him or her by a personal retail customer, the product must be received by JUARA within thirty (30) days from the date on which the retail customer returned the merchandise to the Guide, and must be accompanied by a copy of the sales receipt the Guide gave to the customer at the time of the sale.
When a Guide pays for product with a bank draft and then returns the product, there will be a minimum of thirty (30) days before a refund check will be issued unless the Guide provides a copy of the paid bank draft from his or her financial institution. The 30-day waiting period will begin the day the order is shipped. After the waiting period has expired and JUARA has received the returned product, a refund check will be issued for 100% of the product order, less shipping and handling, provided the bank draft has cleared.
The Guide’s account will receive a “negative sale” for the returned order(s). The Guide will not be qualified to earn bonuses until the “negative sale” has been replaced by another sale of equal or higher volume points. Any advancements in the JUARA Compensation Plan, bonuses or awards achieved as a result of these purchases by the returning Guide will be reversed and the amount(s) deducted from the Guide’s refund. The Company will place a debit on the account(s) of the upline Guides for any commissions, rebates, bonuses or awards received or paid on product returned from a Guide.
7.4 Fraud and Abuse. Any Guide found manipulating JUARA’s money-back guarantee will be subject to disciplinary action, up to and including suspension and/or termination of his or her Business Center and Agreement. In this regard, JUARA, in its sole discretion, can vary its satisfaction guarantee policy if a Guide’s or Customer’s return requests become unreasonable.
7.5 Replacement Order. In the rare case that a Guide does not receive his or her order, the Guide must report the missing shipment to Guide Services within fifteen (15) days from the date of their original order and JUARA will issue the replacement order.
7.6 Incomplete Order. Incomplete orders or shipping discrepancies should be reported to Customer Services immediately.
7.7 Back Order. Items that are on back-order will be shipped as soon as stock becomes available. Credit for the products on back-order will be applied to the volume period during which the products were ordered and paid for.
7.8 Tracing Shipments. If a Guide has not received his or her order within fifteen days from the date of shipment, it must be immediately reported to Customer Services. JUARA will attempt to trace the shipment. To trace the shipment, Customer Services will require the sales order number, as well as the item(s) missing from the order. Guides may also trace their own shipments online in the JUARA Back Office.
DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
8.1 Disciplinary Measures. If you violate the Agreement or engage in any illegal, fraudulent, deceptive, or unethical business conduct, or any act or omission that, in the sole discretion of JUARA, may damage JUARA’s reputation or goodwill, you are subject to disciplinary measures, which, at JUARA’s discretion may result in one or more of the following corrective measures:
• Issuance of a written warning or admonition.
• Requiring you to take immediate corrective measures.
• Suspension of your Guide Business for one or more business weeks with a loss of all or part of the compensation during the suspension period and potential interruption to rank qualifications in process at the time of your suspension.
• If your business is suspended pending an investigation, JUARA may withhold all or part of your bonuses and commissions during the suspension period. If your business is canceled for disciplinary purposes, you will not be entitled to receive any commissions withheld during the investigation period. If the Company determines that you violated the Agreement, but the violation does not warrant termination of your business, the Company reserves the right to permanently withhold all or part of the bonuses and commission that were withheld during the suspension period.
• Involuntary termination of your Guide Business.
• Any other measure expressly allowed within any provision of the Agreement or which JUARA deems reasonable to implement and appropriate to equitably resolve injuries caused partially or exclusively by your violation of the Agreement.
In situations deemed appropriate by JUARA, JUARA may institute legal proceedings for monetary and/or equitable relief.
8.2 Indemnity. In the operation of their Business, each Guide shall refrain from all conduct that might be illegal, or harmful to the reputation of JUARA or its products, including but not limited to, conduct inconsistent with the public interest, that is discourteous, deceptive, misleading, unethical or immoral or any action that constitute such Guide’s breach of any of the terms of this Agreement. Each Guide shall:
• Hold harmless and indemnify JUARA, its members, managers, officers, and employees and agents for any claims, damages or liabilities arising out of Guide’s business practices, including such Guide’s breach of any terms of these Policies and the Agreement. This indemnity specifically includes any attorneys’ fees incurred by JUARA as a result of the foregoing; and
• Specifically authorizes JUARA to offset any such claims, costs, expenses, legal fees, damages or liabilities against any and all commissions payable to such Guides.
8.3 Grievances and Complaints. If you have a grievance or complaint with another Guide, you should first report the problem to the other Guide’s sponsor, who should review the matter, and if the matter does not involve the interpretation of the Policies, try to resolve it with the other party’s sponsor. If the matter cannot be resolved, or if it requires an interpretation of the Policies, it must be reported in writing to the Compliance Department at the Company. The Compliance Department will review the facts and resolve the issue. In your submissions to the Compliance Department, you must specify the Guide’s conduct that you believe violated the Policies and identify the precise policy(s) you believe were violated.
8.4 Good Faith Resolution of Disputes, Binding Individual Arbitration, and Waiver of Class Actions and Class Arbitrations. For purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and JUARA arising under or relating to the Agreement, the JUARA Guide opportunity or any other transaction involving you and JUARA, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law.
YOU AND JUARA AGREE THAT “DISPUTE” AS DEFINED IN THE AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR JUARA FOR (A) TRADE SECRET MISAPPROPRIATION, (B) PATENT INFRINGEMENT, (C) COPYRIGHT INFRINGEMENT OR MISUSE, (D) TRADEMARK INFRINGEMENT OR DILUTION, (E) ANY INJUNCTIVE, EQUITABLE OR DECLARATORY RELIEF SOUGHT BY JUARA AGAINST YOU TO ENFORCE ANY TERMS OR REQUIREMENTS IN THE AGREEMENT, AND (F) ANY INDEMNIFICATION OBLIGATIONS OWING FROM A GUIDE TO JUARA UNDER THE AGREEMENT OR OTHERWISE. Moreover, notwithstanding anything else in the Agreement, you agree that a court, not the arbitrator, may decide if a claim falls within one of these six exceptions.
If a Dispute arises relating to any relationship between or among JUARA, its Guides, officers, employees, Guides or vendors, or arising out of any products or services sold by JUARA, the parties agree to attempt in good faith to resolve any such dispute in an amicable and mutually satisfactory matter.
In the event such efforts are unsuccessful, either Party may serve a Notice of Mediation/Arbitration on the other Party. Notice of Mediation/Arbitration shall be personally delivered or sent by prepaid registered airmail or air courier, and shall be effective upon receipt thereof by the Party to whom it is addressed. Proof of receipt shall be a receipt signed by an officer or responsible official of the Party to whom it is addressed. The Notice of Mediation/Arbitration shall be dated, and without prejudice to any right under the applicable rules permitting subsequent modifications, it shall specify the claims or issues that are to be addressed in the mediation/arbitration. The Parties shall thereafter schedule a mediation to occur in Utah County, Utah within forty-five (45) days of receipt of the Notice of Mediation/Arbitration.
If the dispute cannot be resolved by mediation, the Parties agree that in order to promote to the fullest extent reasonably possible a mutually amicable resolution of the dispute in a timely, efficient and cost-effective manner, they will waive their respective rights to a trial by jury and settle their dispute by submitting the controversy to binding arbitration in accordance with the commercial rules of the American Arbitration Association (“A.A.A.”) then in effect, except that all Parties shall be entitled to all discovery rights allowed under the Federal Rules of Civil Procedure. The A.A.A. rules are available at http://www.adr.org/sp.asp?id=22440, or by contacting JUARA’s Guide Services Department and request to have the A.A.A. Rules mailed to you. Notwithstanding the foregoing and the A.A.A. Rules, the following shall apply to all arbitration proceedings:
• All Parties shall be entitled to all discovery rights allowed under the Federal Rules of Civil Procedure as those rules exist in the United States Federal Court for the District of Utah;
• The United States Federal Rules of Evidence shall be strictly applied to all arbitration proceedings;
• The parties shall also be entitled to bring motions pursuant to Rules 12 and/or 56 of the Federal Rules of Civil Procedure; and
• If a claim is for less than $1,000, the arbitration hearing may be held telephonically if the Guide wishes to do so. If the Guide does not wish to hold the arbitration hearing telephonically, or if the claim is for $1,000 or more, the arbitration hearing shall not be held telephonically, but rather, shall be held in-person in Alpine, Utah.
The Parties shall attempt to select a mutually agreeable mediator/arbitrator. If no agreement on a mediator/arbitrator can be reached within fourteen (14) days of the first written notice of intent to mediate/arbitrate, and the parties do not mutually agree to waive this provision, a mediator/arbitrator shall be selected in accordance with the Commercial Rules of the A.A.A. from A.A.A.’s panel of mediators/arbitrators. Either Party may elect to participate in the mediation and/or arbitration telephonically.
This Agreement and the rights of the parties hereunder shall be governed and construed in accordance with the laws of the State of Utah, exclusive of its conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the foregoing provision with respect to the applicable substantive law, any arbitration conducted pursuant to the terms of this agreement shall be governed by the Federal Arbitration Act, 9 U.S.C. 1, et. seq., and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The arbitration shall be conducted on an individual, not class-wide basis, and any proceeding between the parties may not be consolidated with another proceeding between one of the parties and any other entity or person.
The Parties further expressly agree: (i) the arbitrator shall only reach his decision by applying strict rules of law to the facts, (ii) the arbitration shall be conducted in the English language, (iii) the sole and exclusive jurisdiction and venue for the arbitration shall be in Utah County, Utah, (iv) the Party in whose favor the arbitration award is rendered shall be entitled to recover costs and expenses of the arbitration including, but not limited to, attorneys’ fees and the cost and expense of administering the arbitration proceedings, as well as any costs and attorneys’ fees incurred in executing or enforcing the arbitration award; and (v) the arbitral award shall be issued in Utah County, Utah, USA. Except as provided in the following sentences, no Party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter has been submitted and determined as provided herein and then only for the enforcement of such arbitration award. Provided that, notwithstanding this dispute resolution policy, either Party may apply to a court of competent jurisdiction in Utah County, Utah, to seek injunctive relief before or after the pendency of any arbitration proceeding. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any Party to submit any claim seeking relief, other than injunctive relief, to arbitration. Judgment upon the award may be entered by the United States District Court or Utah County Superior Court located in the State of Utah, or application may be made to such court for the judicial acceptance of the award and order of enforcement, as the case may be if the arbitrator’s award or decision is not complied with within seven (7) days of the issuance of the arbitrator’s award or decision. Arbitration shall be the sole and exclusive procedure for resolution of disputes between the parties, including any disputes that might arise after termination of this agreement.
The Parties acknowledge and understand that they would have had a right to litigate disputes through the courts, but have agreed to resolve disputes through arbitration, including an agreement that no claim shall be adjudicated, in arbitration or in any judicial proceeding, as a class action, and that no arbitration conducted pursuant to the Agreement terms and/or Policies and Procedures shall allow class claims, or consolidation or joinder of claims or parties.
If a current or former Guide breaches any of his/her/its obligations contained in the Application terms or Policies, the applicable post-cancellation restrictions will be extended by and tolled for the length of time that the current or former Guide is in breach.
If any provision in this Article is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Article shall be null and void. The terms of this Article shall otherwise survive any termination of these Policies.
JUARA and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the federal or state courts in Utah County, and each party hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for any such controversy.
The terms of this Article 8 shall otherwise survive any termination of these Policies.
PAYMENT AND SHIPPING
9.1 Returned Checks. All checks returned by a Guide’s bank for insufficient funds will be resubmitted for payment. A $25.00 returned check fee will be charged to the account of the Guide. After receiving a returned check from a Customer or a Guide, all future orders must be paid by credit card, money order or cashier’s check. Any outstanding balance owed to JUARA by a Guide for NSF checks and returned check fees will be withheld from subsequent bonus and commission checks.
9.2 Sales Taxes. JUARA is required to charge sales taxes on all purchases made by you and your customers, and remit the taxes charged to the respective states. Accordingly, JUARA will collect and remit sales taxes on your behalf based on the sales price of the products, according to the applicable tax rates in the state or province to which the shipment is destined. If a Guide has submitted, and JUARA has accepted, a current Sales Tax Exemption Certificate and Sales Tax Registration License, sales taxes will not be added to the invoice and the responsibility of collecting and remitting sales taxes to the appropriate authorities shall be on the Guide. Exemption from the payment of sales tax is applicable only to orders, which are shipped to a state for which the proper tax exemption papers have been filed and accepted. Applicable sales taxes will be charged on orders that are drop-shipped to another state. Any sales tax exemption accepted by JUARA is not retroactive. Applicable sales tax exemption documents may be submitted via email to customerserivce@Juaraskincare.com, and any such request must also clearly verify the IDN and current billing address.
9.3 Drop Shipment. If you order merchandise and direct that products be drop-shipped to a Customer, you are responsible for all Customer Service functions relating to the order. Because your Customer has purchased and paid you directly (i.e., they did not complete a recorded and trackable transaction directly with JUARA), you are the only one who can track and service the order. You may not refer Customers of drop-shipments direct to JUARA. You are solely responsible to accept properly returned merchandise, and, as applicable, issue refunds directly to your Customers. If JUARA issues any refunds to your Customers who have paid you directly, JUARA may then, without limitation of any other rights, deduct such amounts (along with corresponding commissions and other compensation plan adjustments) from your commissions and bonuses.
10.1 Effect of Cancellation. Your bonuses and commissions constitute the entire consideration for your efforts in generating sales and all activities related to generating sales (including but not limited to building, training, and maintaining a downline organization). Following the non-renewal of your Agreement, cancellation for inactivity, or voluntary or involuntary cancellation of your Agreement (all of these methods are collectively referred to as “cancellation”), you shall have no right, title, claim, or interest to the marketing organization you operated, or any pending or future commission or bonus payment from the sales generated by your Business Center. Your Business Center is cancelled simultaneously with the cancellation of your Agreement. You will lose all rights as a Guide. This includes the right to sell JUARA products and services and the right to receive future commissions, bonuses, or other income resulting from the sales and other activities of your former downline sales organization. In the event of cancellation, you agree to waive all rights they may have, including but not limited to property rights, to your former downline organization and to any bonuses, commissions, or other remuneration derived from the sales and other activities of your former downline organization.
10.2 Reclassification After Cancellation Due to Nonpayment of Annual Renewal Fee. If you are not current with the payment of your Annual Renewal Fee, then you will not be eligible to receive any bonuses, commissions, or other payments under the Guide Compensation Plan. If you do not make payment in full to the Company of your Annual Renewal Fee within two weeks after its due date, your Agreement and Business will be cancelled for inactivity, your Business Center will be terminated and you will be reclassified as a Customer.
10.3 Involuntary Cancellation. Your violation of any of the Agreement, including any amendments that may be made by JUARA may result in any of the disciplinary measures listed in the Agreement, including the involuntary cancellation of your Agreement and Business. Cancellations shall be effective on the date on which written notice is emailed, mailed, faxed, or delivered to an express courier, to the Guide’s last known address (or email address), or to his or her attorney, or when the Guide receives actual notice of cancellation, whichever occurs first.
10.4 Global Cancellation. JUARA reserves the right to terminate all Guide Agreements upon thirty (30) days’ written notice in the event that it elects to (1) cease business operations; (2) dissolve as a corporate entity; or (3) discontinue distributing its products via direct selling.
10.4 Voluntary Cancellation. You have the right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address. The written notice must include your signature, printed name, address, and IDN . If you are also an Auto Order Customer, your Auto Order Agreement shall continue in force unless you also specifically request that it/they also be canceled.
10.5 Disposition of Guide’s Genealogy Position, Customers, and Guides Upon Cancellation. The following shall occur if your Agreement and Business Center is cancelled and terminated for any reason:
• Your rank is changed to “Cancelled”;
• Your personally enrolled Customers will be placed below your Personal Sponsor in the JUARA genealogy; and
• Your personally sponsored downline Guides are assigned to your Personal Sponsor.
11.1 Changes to the Agreement. Because federal, state, and local laws, as well as the business environment, periodically change, JUARA reserves the right to amend the Agreement and its prices from time to time in its sole and absolute discretion. By entering into the Agreement, a Guide agrees to abide by the Agreement and financial terms of all amendments or modifications that JUARA elects to make. Any of these changes will be effective within thirty days after posting such amendments or updated documents on the JUARA website. The Company will provide or make available to all Guides a complete copy of the amended provisions by one or more of the following methods: (1) posting on JUARA’s official website; (2) email; (3) inclusion in product orders or bonus checks; (4) special mailings; or (5) posting on social media outlets. The continuation of a Guide’s JUARA business or a Guide’s acceptance of bonuses or commissions constitutes acceptance of any and all amendments. All Guides have a duty to keep current on all such amendments.
11.2. Delays. JUARA will not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, terrorism, acts of God, acts of nature, acts beyond the reasonable control of JUARA, fire, death, curtailment of a party’s source of supply, or government decrees, actions or orders.
11.3 Policies and Provisions Severable. If any provision of the Agreement, in its current form or as it may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision will be severed and the remaining terms and provisions shall remain in full force and effect and shall be construed as if the invalid, or unenforceable provision, never comprised a part of the Agreement.
11.4 Waiver. No failure of JUARA to exercise any right or power under the Agreement or to insist upon strict compliance by a Guide with any obligation or provision of the Agreement will constitute a waiver of JUARA’s right to demand exact compliance with the Agreement. A waiver by JUARA can be effectuated only in writing by an authorized officer of the Company. JUARA’s waiver of any particular breach by a Guide will not affect or impair JUARA’s rights with respect to any subsequent breach, nor will it affect in any way the rights or obligations of any other Guide. In addition, no delay or omission by JUARA to exercise any right arising from a breach will affect or impair JUARA’s rights as to that or any subsequent breach. The existence of any claim or cause of action of a Guide against JUARA will not constitute a defense to JUARA’s enforcement of any term or provision of the Agreement.
JUARA GUIDE COMPENSATION PLAN
The JUARA Guide Compensation Plan has been designed to reward Independent JUARA Guides for sharing our products, services and income opportunity with others and is incorporated into these Policies by this reference.