OUR COMMITMENT TO PRIVACY
THE INFORMATION WE COLLECT
When you visit our website, we collect two types of information: personal information you actively choose to disclose (“Active Information”) and information not visible to you that arises out of your browsing of our Site (“Passive Information”). Please note that Passive Information is collected on an aggregate and anonymous basis.
1. Personally Identifiable Information
Personally, Identifiable Information (“PII”) is information that identifies and is reasonably linked to you.
When you register to become an authorized reseller of our products or services, we will collect PII (which may include, but not limited to, names, address, email address, and telephone numbers). This PII is securely stored and may be accessed on our website. You are assigned an identification number and select your own password – both are needed to enter the Site and to access your Contact Information. Please safeguard your password in a secure location as we are not responsible for breaches into the system when access is willingly provided.
When you place an order for products or services, we collect PII (e.g., name, contact and billing information, credit card, and other transactional information). We use this information to deliver your order, process payment, and to communicate the status of your order.
C. Credit and Debit Card Storage
Credit and debit card information collected at registration or for product orders is used only to process payment for the transaction and, generally, is not retained on our webiste. However, you may voluntarily elect to securely store multiple credit cards to be used for product orders.
D. Surveys and Promotions
Occasionally, you may voluntarily provide PII to complete surveys and questionnaires or to participate in user polls. We use this information to improve our products and services and to ensure that we’re providing accurate disclosures. We may also use your PII to provide you newsletters and other marketing information that coincide with your preferences. You may customize your marketing preferences or let us know if you do not wish to receive any promotional materials, by adjusting your Subscriptions & Email options on the website.
Active Information You Choose to Provide
In order to gain use of the website (become a “user”), we require you to disclose the following information: Name, Address and Phone Number
We use secure socket layer (SSL) encryption to protect the transmission of the information you submit to us when you use our secure online forms. The information you provide to us is stored securely.
2. Passive Information
We store and collect various types of passive information on an aggregate and anonymous basis. This information may include such technical information as it pertains to your Internet protocol address, your device operating system and browser type, cookies, and an address of a referring website or any other path you take to reach our website all described in greater detail below.
This refers to information that does not, by itself, identify you as a specific individual. Such information would include the Uniform Resource Locator (“URL”) of the website that referred you to our website, your Internet Protocol (“IP”) address (a number automatically assigned to your computer whenever you surf the web), your operating system and browser type, and any search terms that you enter on our website. Our web server aggregates this information to monitor the level of activity on our website, evaluate its effectiveness, and improve the content or our website in order to make your visit an easy and enjoyable experience.
We may collect, compile, store, publish, promote, report, or otherwise disclose or use any Aggregate Information, provided that such information does not personally identify you. We do not correlate any PII with the Aggregate Information that we collect on our website. If we do correlate any Aggregate Information to you, it will be protected like any other PII under this Privacy Statement.
What is a Cookie?
Cookies are a feature of web browser software that allows web servers to recognize the computer used to access a site. They are small pieces of data stored by a user’s browser to simplify subsequent interactions with the site. This makes it easier for a user to move from site to site and to complete transactions over the Internet. Cookies should make your online experience easier and more personalized.
Our Site utilizes cookies to collect information about how our Site is used. Passive Information gathered may include the date and time of visits, the site pages viewed, time spent at our Site, the sites visited just before and just after visiting our Site. If you do not wish to transmit “cookie” information about yourself, you may turn off the cookie function in your web browser.
Our Site’s servers also automatically identify your computer by its Internet Protocol address, which is a unique string of numbers that are assigned to your computer by your Internet Service Provider. The IP address may be used to address problems with our server or to gather broad demographic information about our users. We passively collect your IP Address.
HOW WE USE THE INFORMATION COLLECTED
Broadly speaking, persons we employ directly, or as contractors or agents at our direction, use Active Information for purposes of administering our core business functions, such as the fulfillment of orders or services, the furnishing of customer care and support, and supplying the availability of other products or services we think might be of interest to our users.
We use Passive Information to gather information about our users and to enhance our Site to make it easier, faster, and user-friendly. Additionally, cookies help us better understand the usage pattern of the people that visit our website, which helps us improve our services. Passive Information may result in your viewing of advertising based on your user habits.
We reserve the right to use Active and Passive Information to prevent, detect and investigate fraud, security breaches, or any other potentially prohibited or illegal activity.
We may use any Active Information or Passive Information provided to contact you about various changes to our website, new services, features, or products we offer. If at any time you do not wish to receive such information, you may “opt-out” of doing so by adjusting your email settings in the back office of the website.
Your Information Relating to Hyperlinks
You might be able to access other websites through our website via hyperlinks. When you do so, you are subjecting yourself to their privacy policies and data collection. Please read the privacy policies of those websites to ensure you agree with the terms before using such sites.
Receiving and Sharing of Information from and with Third Parties
We reserve the right to receive information about you from other third-party sources, that help us update, expand, and analyze our records and identify new customers.
Furthermore, we may share Personal Information necessary to the prevention of fraud, illegal activities, and security breaches. Because of this, some of your personal information may be shared with fraud prevention agencies. If false or inaccurate information is provided and fraud is identified, details of this fraud may be passed on to these agencies. Likewise, law enforcement and governmental agencies may access and use certain information under any law, regulation, or subpoena. This applies to information as it relates to both open and closed accounts.
Additionally, third parties who perform services for us as it relates to security, payment, etc. (such as Internet Service Providers, credit card processors, and merchant banks) may also have access to your information in the performance of such necessary services.
Finally, we may disclose anonymous information about user habits to third-party advertisers on our website. Should we buy or sell assets of our company, another company may need to review our company’s assets, which might include your information, to make business decisions as to whether to acquire such assets.
HOW WE SECURE ACTIVE AND PASSIVE INFORMATION
We secure your personal information submitted by you by using reasonable efforts to prevent unauthorized access or disclosure, or accidental loss of Active and Passive Information. Individual postings on this website and other communications to our office via email or standard mail may not be secure unless we advise you that security measures are in place before your submission of information. Therefore, if you choose to communicate with us through these means, you are assuming the risk of doing so and we respectfully request that you do not send or post sensitive information through these means.
Accessing and Correcting Your Information
We take reasonable measures to ensure that any PII we collect on our Site is accurate, current, complete, and reliable for its intended use. If you wish to update or otherwise correct PII provided to us, you may edit your information online.
Protecting Your Information
We acknowledge your trust and are committed to taking reasonable steps to protect PII provided from loss, misuse, and unauthorized access. We employ physical, electronic, and managerial processes to safeguard and secure your information.
It is your responsibility to safeguard the password you use to access our Site and to promptly advise us if you ever suspect that your password has been compromised. We strongly encourage you to change your password regularly to prevent unauthorized access. Because your identification number and password are specific to you, you acknowledge sole responsibility for any use of our website conducted with your identification number and password.
Links to Other Websites
Links to third-party websites may be provided solely for your information and convenience or to provide additional shopping for various other goods and services through our Merchant and Services Partners. If you use these links, you will leave our website. This Privacy Statement does not cover the information practices of those websites nor do we control their content or privacy policies. We suggest that you carefully review the privacy policies of each site you visit.
Children’s Privacy Protection
We take special care to protect the privacy needs of children and encourage parents to be active participant in their child’s online activities. Our website does not target and is not intended for children under the age of 18, and we will not knowingly collect PII from them. If we discover personal data from a child through our Site, we will eliminate that data. You may learn more about protecting children’s privacy online by visiting: https://www.ftc.gov/tips-advice/business-center/privacy-and-security/children%27s-privacy
CHANGES TO THIS POLICY
YOUR USE OF OUR SITE MEANS THAT YOU ACCEPT THE PRACTICES OUTLINED IN THIS POLICY. YOUR CONTINUED USE INDICATES YOUR AGREEMENT WITH THE CHANGES.
For any additional questions on this Policy, please direct all inquiries to email@example.com.
POLICIES AND PROCEDURES
1.1 Mutual Commitment Statement
The goal of Farmasi US LLC (doing business as “Farmasi,” and/or referred to as “We,” “Us,” “Our,” or simply the “Company”) is to provide exceptional products and services to consumers. This is only made possible with the support of and passion of its members of the Farmasi sales organization (known as “Beauty Influencers”). To achieve sustained success as a business, Farmasi hereby pledges aid and support to all its Beauty Influencers in return for such mutual commitment by these Beauty Influencers to the Company in the effort to reach and support all interested consumers.
1.2 Purpose of Policies and Effective Date
A. To clearly define the relationship that exists between Us and you, and to explicitly set a standard for acceptable business conduct, we now put forth these Policies and Procedures.
B. As a Beauty Influencer, you are required to comply with:
- All the terms and conditions outlined in the Beauty Influencers Agreement, which We may amend from time to time at Our sole and absolute discretion.
- All federal, state, and/or local laws governing your Farmasi business; and
- Lastly, these Policies and Procedures.
C. A Beauty Influencer must review the information in these Policies and Procedures carefully. Should you have any questions regarding a policy or rule, we encourage you to seek an answer from your Sponsor (as defined in the Glossary of Terms herein). Should your Sponsor not provide the appropriate clarification, you may contact the Farmasi Compliance Department.
D. These Policies and Procedures shall become effective as of January 3, 2019 (“Effective Date”).
1.3 These Policies and Procedures and the Compensation Plan Incorporated into the Beauty Influencer Agreement
- Throughout these Policies, when the term “Agreement” is used, this collectively refers to the Beauty Influencer Agreement, these Policies and Procedures, and the Company Compensation Plan.
- It is the responsibility of a Sponsoring Beauty Influencer to provide the most current version of these Policies and Procedures and the Company Compensation Plan to each applicant before any execution of a Beauty Influencer Agreement.
1.4 Changes, Amendments, and Modifications
- Because federal, state, and local laws, as well as the business environment, periodically change, we reserve the right to amend the Agreement from time to time. Additionally, the Company may change and amend the prices of all its product at any time in the future. Please note, that this provision does NOT apply to the arbitration clause found in Section 12, which can only be modified via mutual consent.
- Any such amendment, change, or modification shall be effective immediately upon notice by one of the following methods:
- Posting on the official Corporate website.
- Electronic mail (e-mail); or
- In writing through Company newsletters or corporate communication channels.
- Understand that any continued business, ordering, acceptance of a commission or bonus payout, or other benefit received by a Beauty Influencer under this Agreement constitutes the acceptance of this Agreement in whole with all amendments.
Farmasi shall not be responsible for delays or failures in the performance of its obligations when such failure is due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, transportation difficulties, riots, war, fire, and/or weather, curtailment of a source of supply, or government decrees or orders.
2.0 BASIC PRINCIPLES
2.1 Becoming a Beauty Influencer
As a Farmasi Beauty Influencer, you will be a part of a team of passionate, driven, like-minded individuals,
all working towards the common goal of achieving emotional, personal, and financial success. To become a Beauty Influencer, you must comply with the following requirements:
- Be of the age of majority (not a minor) in your state of residence. If you are a minor, you must have a completed and signed Parental Consent Form approved by the Compliance department.
- Reside or have a valid address in the United States, U.S. territory, Canada, or Mexico.
- Have a valid taxpayer identification number (i.e. Social Security Number, Social Insurance Number (Canada), Federal Tax ID Number, ITIN, etc.).
- Submit a properly completed and signed (via hard copy or electronic signature) Beauty Influencer Agreement.
- Not be a Farmasi employee or the spouse or relative of a Company employee living in the same household; and
- The purchase of a Farmasi Starter Kit.
2.2 Registration and Enrollment of a Beauty Influencer
- You can submit your Beauty Influencer Agreement through mail or the Farmasi website (http://www.farmasius.com). The application must be received within five (5) business days of your enrollment for you to receive Beauty Influencer benefits. If the Beauty Influencer Agreement is not received within five (5) business days, your Beauty Influencer account will remain on temporary hold until We receive the Agreement.
C. Farmasi reserves the right to require signed paperwork for any account, regardless of origin.
- Signed documents, including, but not limited to Beauty Influencer Agreements, are legally binding contracts that must not be altered, tampered with, or changed in any manner after execution. False or misleading information, forged signatures, or alterations to any document, including business registration forms, made after a document has been executed may lead to sanctions, up to and including the involuntary termination of a Beauty Influencer’s Farmasi business.
2.3 Rights Granted
Farmasi hereby grants to you as a Beauty Influencer the non-exclusive right, based upon the terms and conditions contained in the Beauty Influencer Agreement and these Policies and Procedures, to the following:
- The ability to purchase, sell and promote Farmasi products and services.
- Sponsor new Beauty Influencers and Customers in the United States, Canada, or Mexico building a sales organization and earning commissions of the personal and downline sales of Farmasi products.
2.4 Identification Numbers
- Each Beauty Influencer is required to provide his or her Social Security Number, or Federal Tax Identification Number, if located in the United States or any of its territories, to the Company on the Beauty Influencer Agreement. Those who do not provide a Social Security Number or Federal Tax Identification Number will have a deduction of 24% from their commission removed until one is provided. We reserve the right to withhold commission payments from any Beauty Influencer who fails to provide such information or who provides false information.
- Upon enrollment, we will provide you with a Farmasi Identification Number. This number will be used to place orders, structure organizations, and track commissions and bonuses.
2.5 Business Entities
- A corporation, partnership, LLC, or trust (collectively referred to as a “Business Entity”) may apply to be a Beauty Influencer. This Farmasi business and position will remain temporary until the submission of proper Business Entity documents. As examples of proper documents, we expect a Business Entity application to submit some of the following: Certificate of Incorporation, Articles of Organization, Partnership Agreement, or appropriate Trust documents. We must receive these documents within five (5) business days from the execution date of the Beauty Influencer Agreement.
- A Beauty Influencer may change his or her status under the same Sponsor from an individual to a Business Entity so long as he or she complies with Section 2.5(A).
2.6 Independent Business Relationship; Indemnification for Actions
- As a Beauty Influencer, you are an independent contractor and not a purchaser of a franchise or business opportunity. As a result, each Beauty Influencer’s success depends entirely upon his, or her or their independent efforts.
- The Agreement between you and Us does not create an employer/employee relationship, agency, partnership, or joint venture.
- A Beauty Influencer shall not be treated as an employee of Farmasi for any purposes, including, without limitation, federal or state tax purposes. You are responsible for paying local, state, and federal taxes due from all compensation earned as a Beauty Influencer. Any other compensation received by Beauty Influencers from the Company will be governed by applicable U.S. tax laws (or the tax laws of any other applicable jurisdiction). You as a Beauty Influencer have no express or implied authority to bind Farmasi to any obligation or to make any commitments by or on behalf of the Company. Each Beauty Influencer, whether acting as management of a Business Entity or represented as an individual, shall establish goals, hours, and methods of operation and sale, so long as in compliance with the terms of the Beauty Influencer Agreement, these Policies and Procedures and applicable state and federal laws.
- You are fully responsible for all your verbal and written communications made regarding Farmasi products, services, and the Compensation Plan that are not expressly contained within official Company materials. Beauty Influencers shall indemnify and hold harmless Farmasi, its directors, officers, employees, product suppliers and agents from any and against all liability including judgments, civil penalties, refunds, attorney fees and court costs incurred by Farmasi as a result of a Beauty Influencer’s unauthorized representations or actions. This provision shall survive the termination of the Beauty Influencer Agreement.
2.7 Errors or Questions
If a Beauty Influencer has questions about or believes any errors have been made regarding commissions, bonuses, business reports, orders, or charges, the Company requires any inquiries by submitting a ticket through your Farmasi Back Office within thirty (30) days of the date of the error or incident in question. Any such errors, omissions, or problems not reported within this thirty-day timeframe days is expressly waived by Beauty Influencer.
3.0 RESPONSIBILITIES OF A FARMASI BEAUTY INFLUENCER
3.1 Correct Addresses
- It is the responsibility of any Customer/Beauty Influencer to ensure the Company has the correct shipping address before the shipment of any orders.
- For any notice of address change sent to the Company, a Customer/ Beauty Influencer will need to allow up to thirty (30) days for processing.
3.2 Training and Leadership
- Any Beauty Influencer who sponsors another Beauty Influencer into Farmasi must perform an authentic assistance and training function to ensure those made up of their downline organizations operate their business by these Policies and Procedures. Sponsoring Beauty Influencers should have ongoing contact and communication with those in their downline organizations. Examples of communication may include but are not limited to, newsletters, written correspondence, telephone, contact, team calls, voice-mail, e-mail, personal meetings, accompaniment of downline Beauty Influencer(s) to Company meetings, training sessions, webinars, and any other related functions.
- Sponsors may strategically place newly enrolled Beauty Influencers anywhere in their organization up to the 4th generation during the new Beauty Influencer's first 30 days of enrollment. To make a placement change you must complete a Placement Change Form and submit it to the company. The Placement Change Form requires three signatures, the signature of the new Beauty Influencer, the signature of the new Sponsor, and the signature of the current Sponsor making the request. If a Placement Change Form is received after a commissionable period, any orders made by a new Beauty Influencer will not be moved under the new Sponsor. Strategic placement will also apply to the Beauty Influencers who rolled up due to the resignation/termination of a frontline.
- Farmasi may take appropriate action against a Beauty Influencer if it determines, in its sole discretion that, a Beauty Influencer neglects to train and assist their downline organization. Appropriate action may include, but is not limited to, sponsorship change of the neglected downline members along with their respective downlines up to termination of their Beauty Influencer agreement and account.
- A Sponsoring Beauty Influencer should monitor the Beauty Influencer(s) in his or her downline organizations to ensure that downline Beauty Influencer(s) do not make improper product or business claims or engage in any illegal or inappropriate conduct. Upon request, a Beauty Influencer should be able to provide documented evidence to the Company of his or her ongoing fulfillment of sponsor responsibilities.
- Upline Beauty Influencers are encouraged to motivate and train new Beauty Influencer(s) about Company products and services, effective sales techniques, the Company Compensation Plan, and compliance with these Policies and Procedures.
- The marketing and sale of products is a required activity in Farmasi and must be emphasized in all recruiting presentations. Moreover, we prioritize all Beauty Influencers to sell Farmasi products and services to Customers first and prospective and current Beauty Influencers second.
- Use of Sales Aids. The creation of Farmasi sales tools is limited to 6% and above. These Beauty Influencers must submit all written sales aids, promotional materials, advertisements, websites, and other literature to the Company for approval before use. Unless the Beauty Influencer receives specific written approval to use the material, the request shall be deemed denied. All Beauty Influencers shall safeguard and promote the good reputation of Farmasi and its products. Once approved, Company reserves the right to incorporate the approved training material in its promotional efforts.
It is Our goal to provide you with a combination of exceptional products and a rewarding Compensation Plan. Accordingly, we value constructive criticism and encourage the submission of written comments addressed to the Company’s Compliance Department so long as such comments come by way respectfully and productively. Negative and disparaging comments by Beauty Influencers made to others about the Company, its products or Compensation Plan, or disruptive behavior at Company meetings or events, serve no purpose other than to dampen the enthusiasm of all those who participate in the Farmasi business. Beauty Influencers must not belittle the Company, other Beauty Influencers, the Company products or services, the Compensation Plan, or Company directors, officers, or employees, product suppliers, or agents. Such conduct represents a material breach of these Policies and Procedures and may be subject to sanctions as the Company sees fit.
- Beauty Influencers must show fairness, tolerance, and respect to all people associated with Farmasi and Farmasi sales opportunities regardless of race, gender, social class, or religion.
- Beauty Influencers must contribute to and foster an atmosphere of positivity, teamwork, good morale, and community spirit.
- Beauty Influencers shall strive to resolve business issues, including situations with upline and downline members through tact, sensitivity, and goodwill.
- Beauty Influencers must be honest, responsible, professional and conduct themselves with integrity.
- Beauty Influencers shall never disparage the Company, other Beauty Influencers, Company employees, product suppliers or agents, products, services, sales, and marketing campaigns, or the Compensation Plan, or make statements that unreasonably offend, mislead, or coerce others.
Farmasi may take appropriate action against a Beauty Influencer if it determines, in its sole discretion, that the Beauty Influencer’s conduct is detrimental, disruptive, or injurious to the Company, other Beauty Influencers, or Farmasi Customers.
3.4 Reporting Policy Violation
A Beauty Influencer who observes a policy violation by another Beauty Influencer should submit a written and signed letter (e-mail will not be accepted) of the violation directly to the Company Compliance Department. The letter shall set forth the details of the incident as follows:
- The nature of the violation and specific facts to support the allegation;
- Number of occurrences and dates;
- The Persons involved; and
- Any other supporting documentation
Upon presentation to the Company Compliance Department, we will research the incident in question and take appropriate action if necessary. This section refers to the general reporting of policy violations as observed by other Beauty Influencers for the mutual effort to support, protect, and defend the integrity of the Farmasi business and sales opportunity. If a Beauty Influencer has a grievance or complaint against another Beauty Influencer which directly relates to his, or her, or its Farmasi business, the procedures outlined in these Policies must be followed.
- The Sponsor is the person who introduces a person, whether a Customer or a Beauty Influencer, to the Farmasi business and helps them complete their enrollment, supports those in their downline, and continues to provide training and assistance for all those in their downline.
- The Company recognizes the Sponsor as the name(s) shown on the first:
- Physically signed Beauty Influencer Agreement on file; or
- Electronically signed Beauty Influencer Agreement from either the Company’s website or a Beauty Influencer’s replicated website.
- A Beauty Influencer Agreement that contains notations such as “by phone” or the signatures of other individuals (i.e. Sponsors, Spouses, relatives, or friends) is not valid and will not be accepted by the Company.
- We recognize that each new prospect has the right to ultimately choose his or her Sponsor, but We will not allow Beauty Influencers to engage in unethical sponsoring activities.
- All active Beauty Influencers in good standing have the right to sponsor and enroll others into the Farmasi business. While engaged in sponsoring activities, it is not uncommon to encounter situations when more than one Beauty Influencer will approach the same prospect. It is the accepted courtesy that the new prospect will be sponsored by the first Beauty Influencer who presented a comprehensive introduction to the Company’s products or opportunity.
3.6 Cross Sponsoring Prohibition
- “Cross sponsoring” is defined as the enrollment of an individual or Business entity into a different line of sponsorship who has already signed a Beauty Influencer Agreement. Actual or attempted cross-sponsoring is not allowed. If cross-sponsoring is verified by the Company, sanctions up to and including termination of a Beauty Influencer’s business may be imposed.
- The use of a Spouse’s or relative’s name, trade names, assumed names, DBA names, corporation, partnership, trust, Federal ID numbers, or fictitious ID numbers to evade or circumvent this policy is strictly prohibited.
- This policy does not prohibit the transfer of a Farmasi business by the Sale or Transfer policy set forth herein.
- A Beauty Influencer must adhere to the terms of the Company Compensation Plan. Any deviation from the Compensation Plan is strictly prohibited.
- A Beauty Influencer shall not offer the Farmasi opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically outlined in official Company materials.
- A Beauty Influencer shall not require or encourage a current or prospective Customer/ Beauty Influencer to participate in the Farmasi business in any manner that varies from the Compensation Plan or other Company materials.
- Other than such purchases or payments required to naturally build their business, a Beauty Influencer
shall not require or encourage a current or prospective Customer/ Beauty Influencer to make a purchase from or payment to any individual or other entity as a condition of participating in the Company Compensation Plan.
3.8 Adherence to Laws and Ordinances
Many cities and counties have laws regulating certain home-based businesses. In most cases, these ordinances do not apply to Beauty Influencers because of the nature of the business. However, Beauty Influencers must check their local laws and obey the laws that do apply to them. A Beauty Influencer shall comply with all federal, state, and local laws and regulations in their independent conducting of Farmasi business.
3.9 Compliance with Applicable Income Tax Laws
- Farmasi will automatically provide a complete Tax form (nonemployee compensation) to each United States (USD 600), Canada (CAD 500) Beauty Influencer whose earnings for the year are at least USD 600 or CAD 500 or who has purchased more than $5,000 of Farmasi products for resale, or who received trips, prizes or awards valued at $600 or more.
- A Beauty Influencer accepts sole responsibility for and agrees to pay all federal, state, and local taxes on any income generated as an independent business owner, and further agrees to indemnify Farmasi from any failure to pay such tax amounts when due.
- If a Beauty Influencer’s business is tax exempt, the Federal Tax Identification Number must be provided to the Company in writing.
- Farmasi encourages all Beauty Influencers to consult with a tax advisor for additional information for their business.
3.10 One Farmasi Business Per Person
A Beauty Influencer may operate or have an ownership interest, whether legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one Farmasi business. No individual may have, operate, or receive compensation from more than one Farmasi business. If each subsequent family position is placed within the first enrolled family member’s frontline, individuals in the same family unit may each enter or have an interest in their separate Farmasi businesses. A “family unit” is defined as spouses and dependent children living or conducting business at the same address. Note: Children of legal age to contract and at least 18 years of age are not considered a part of their parent's household.
3.11 Actions of Household Members or Affiliated Parties
If any member of your immediate household engages in any activity which, if performed by you, would violate any provision of the Agreement, such activity will be deemed a violation by you. As a result, the Company may take disciplinary action under these Policies and Procedures against you. Similarly, if any individual associated in any way with a corporation, partnership, LLC, trust, or other entity (collectively “Business Entity”) violates the Agreement, such action(s) will be deemed a violation by the Business Entity, and the Company may take disciplinary action against the Business Entity. Likewise, if a Beauty Influencer enrolls in Farmasi as a Business Entity, each affiliated party of the Business Entity shall be personally and individually bound to, and must comply with, the terms and conditions of the Agreement.
- A Beauty Influencer may participate in other direct sales, multilevel, network marketing, or relationship marketing business ventures or marketing opportunities (collectively “Network Marketing”). However, during the Term of this Agreement and for one (1) year thereafter, you may not recruit any other Farmasi Customer or Beauty Influencer for any other Network Marketing business, unless said Customer or Beauty Influencer was personally sponsored by you.
- The term “recruit” means actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way (either directly or through a third party), another Customer, or Beauty Influencer to enroll or participate in any Network Marketing opportunity. This conduct represents recruiting even if the Beauty Influencer’s actions are in response to an inquiry made by another Customer or Beauty Influencer.
- However, you may sell non-competing products or services to Farmasi Customers and Beauty Influencers. Specifically, a non-competing company is defined as a Network Marketing company that does NOT sell cosmetic personal care products, home care, nutrition products, or any products FARMASI may offer in the future.
- Due to the visibility of our higher-ranking Beauty Influencers, Farmasi Beauty Influencers who achieve the rank of Golden Manager or above agree not to participate in any Network Marketing or party plan company, regardless of if the company sells competing products or not. This restriction applies even if the Beauty Influencer has fallen out of the Golden Manager qualification.
- As a new sign up, you may be a part of a competing company for the first 180 days from your original registration date. After the 180-day period you must provide proof of resignation from that competing company to compliance@FARMASIUS.com.
- All Beauty Influencers with the title of Golden Manager or higher agree not to promote any competing product to those FARMASI offers.
- A Beauty Influencer may not display or bundle Farmasi products or services, in sales literature, on a website, or in sales meetings, with any other products or services to avoid confusing or misleading a prospective Customer or Beauty Influencer into believing there is a relationship between Farmasi, and the non-Company related products or services.
- You may not offer any non-Company related opportunity, products, or services at any Farmasi-related meeting, seminar, or convention, or immediately following said event(s).
- A violation of any of the provisions in this section shall constitute unreasonable and unwarranted contractual interference between the Company and you. As a result, such actions would inflict irreparable harm on Farmasi. In such event, the Company may, at its sole discretion, impose any sanction it deems necessary and appropriate against the Beauty Influencer or Beauty Influencer’s business including termination, the request for immediate injunctive relief, or the pursuit of any other legal and equitable remedies.
In presenting the Company opportunity to potential Customers and Beauty Influencers, you must comply with the following provisions:
- Abstain from a misquote or omission any significant material fact about the Compensation Plan.
- Make clear that the Compensation Plan is based upon sales of Farmasi products and services to consumers.
- Make clear that success can be achieved only through substantial independent efforts and hard work.
- Abstain from unauthorized income projections, claims, or guarantees* during any presentation or discussion of the Farmasi opportunity or Compensation Plan to prospective Customers or Beauty Influencers, frequently citing the Farmasi Income Disclaimer as provided on the Company website.
- Abstain from any claims regarding Company products or services not found in official Company materials.
- Refrain from the promotion of Farmasi in any country where We have not yet established a “presence.”
- Claims (which include personal testimonials) as to therapeutic, curative, or beneficial properties of any Farmasi products offered may not be made except those contained in official Company literature. No Beauty Influencer may make any claim that Farmasi and its marketed 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 Farmasi policies, but also, they potentially violate federal and state laws and regulations, including the federal Food, Drug, and Cosmetic Act and Federal Trade Commission Act
*Note: The terms “income claim” and/or “earnings representation” (collectively “income claim”) include the following: (1) statements of average earnings, (2) statements of non-average earnings, (3) statements of earnings ranges, (4) income testimonials, (5) lifestyle claims, and (6) hypothetical claims. Examples of “statements of non-average earnings” include, “Our number one Beauty Influencer earned over eight hundred thousand dollars last year” or “Our average-ranking Beauty Influencer earns two thousand dollars per month.” An example of a “statement of earnings ranges” is “The monthly income for our higher-ranking Beauty Influencers is ten thousand dollars on the low end to twenty-five thousand dollars a month on the high end.”
3.14 Sales Requirements are Governed by the Compensation Plan
- For all Farmasi products, the Company provides a set sales price. There are no exclusive territories granted to anyone. No franchise fees apply to a Farmasi business.
- The Farmasi program is built on sales to the ultimate consumer. Thus, Beauty Influencers must only purchase inventory that they and their family will personally consume, will be used as a sales tool, or will be resold to others for ultimate use. Beauty Influencers must never attempt to influence any other Beauty Influencers to buy more products than they can reasonably use or sell to Customers in a month.
The downline of a BI who is terminated/resigned will be sponsored by a ‘Farmasi Virtual’ account that will replace this Beauty Influencer. If the existing upline of the person who is now terminated/resigned is at least 1 or above title ranked than the terminated/resigned BI, the downline rolls up to the upline immediately without any condition.
In case the existing upline is ranked the same or below as the terminated/resigned BI, the ‘Farmasi Virtual’ account will sponsor the downline for a minimum of 6 calendar months. During the 6 calendar months, the existing upline could earn the downline if they achieve the requirements. If the existing upline cannot achieve the requirements, then the downline stays under the ‘Farmasi Virtual’ account.
- In the case of a Beauty Influencer that is terminated or resigns, the new sponsor will be able to strategically place the new downline to be sponsored by Beauty Influencers in their 1st generation.
4.1 General Order Policies
- “Bonus Buying” is strictly prohibited. Bonus Buying includes any of the following scenarios: (I) the enrolment of individuals or entities without the knowledge of and/or execution of an Agreement by such individuals or Business Entities; (II) the fraudulent enrolment of an individual or entity as a Customer or Beauty Influencer; (III) the enrolment or attempted enrolment of non-existent individuals or Business Entities as Customers or Beauty Influencers (“phantoms”); (IV) purchasing Farmasi products or services on behalf of another Customer or Beauty Influencer, or under another Customer’s or Beauty Influencer’s ID number, to qualify for commissions or bonuses; (V) purchasing excessive amounts of products or services that cannot reasonably be used or resold in a month; and/or (VI) 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.
- A Beauty Influencer shall not use another Customer’s or Beauty Influencer’s credit card or debit checking account to enroll in Farmasi or purchase products or services without the account holder’s written permission. Such documentation must be kept by the Beauty Influencer indefinitely in case we need to reference this.
- Regarding order with an invalid or incorrect payment, we will attempt to contact the Beauty Influencer by phone, mail, or e-mail to obtain another form of payment. If these attempts are unsuccessful after ten (10) business days, the order will be canceled.
C. Prices are subject to change without notice.
D. A Customer or Beauty Influencer who is a recipient of a damaged or incorrect order must notify the Company within thirty (30) calendar days from receipt of the order and follow the procedures as outlined in these Policies.
4.2 Insufficient Funds
- All checks returned for insufficient funds will be re-submitted for payment. A $25 fee will be charged to the account of the Customer or Beauty Influencer for all returned checks and insufficient funds.
- Any outstanding balance owed to Us by a Customer or Beauty Influencer of yours from NSF (non-sufficient funds) checks returned check fees or insufficient fund fees (ACH) will be withheld from your future bonus and commission checks.
- All transactions involving returned checks or insufficient funds through ACH or credit card, which are not resolved promptly by the Beauty Influencer, constitute grounds for disciplinary sanctions.
- If a credit card order or automatic debit is declined the first time, the Customer or Beauty Influencer will be contacted for an alternate form of payment. If payment is declined a second time, the Customer or Beauty Influencer may be deemed ineligible to purchase Company products or services in the future.
4.3 Sales Tax Obligation
- You as a Beauty Influencer shall comply with all state and local taxes and regulations governing the sale of Our products and services.
- We will collect and remit sales tax on Beauty Influencer orders unless a Beauty Influencer furnishes Us with the appropriate Resale Tax Certificate form. When orders are placed with Us, sales tax is prepaid based upon the suggested retail price. We will remit the sales tax to the appropriate state and local jurisdictions. The Beauty Influencer may recover the sales tax when a sale is made.
- We encourage each Beauty Influencer to consult with a tax advisor for additional information about their Farmasi business.
5.0 PAYMENT OF COMMISSIONS & BONUSES
5.1 Bonus and Commission Qualifications
- A Beauty Influencer must be active (as defined in the Glossary of Terms) and in compliance with these Policies and Procedures to qualify for bonuses and commissions. So long as a Beauty Influencer complies with the terms of the Agreement, we shall pay commissions to such Beauty Influencer by the Compensation Plan.
- We will not issue a payment to a Beauty Influencer without the receipt of a completed and signed Beauty Influencer Agreement via hard copy or through Electronic Authorization.
- We reserve the right to postpone bonus and commission payments until such time the cumulative amount exceeds $50.
5.2 Computation of Commissions and Discrepancies
- A Beauty Influencer placing his or her first order must review his or her monthly statement and bonus/commission reports located in the back office of their website and report any discrepancies within thirty (30) days of receipt. After this initial thirty-day “grace period, a Beauty Influencer expressly waives any right to commission recalculation.
- A Beauty Influencer who believes a miscalculation of bonuses/commissions has occurred
C. For additional information on payment of commissions, please review the Compensation Plan.
5.3 Adjustments to Bonuses and Commissions for Returned Products
- A Beauty Influencer receives bonuses and commissions based on the actual sales of products and services to end consumers. When a product or service is returned to the Company for a refund from the end consumer, the bonuses, and commissions attributable to the returned product or service will be deducted from the Beauty Influencer who received bonuses or commissions on said sales. Deductions will occur in the month in which the refund is given and continue every pay period thereafter until the bonus/and or commission is recovered.
- If a Beauty Influencer terminates his or her business, and the amounts of the bonuses or commissions attributable to the returned products or services have not yet been fully recovered by the Company, the remainder of the outstanding balance may be offset against any other amounts that may be owed by the Company to the terminated Beauty Influencer.
5.4. Chargeback Policy
When a card processor forcibly reverses a credit card transaction, returning funds to the cardholder, it is known as a chargeback. Chargebacks are usually issued when a cardholder reports fraud to their credit card company. When Farmasi receives a chargeback notice, the account in which the service was purchased is immediately blocked, and all related services in the account being suspended. Farmasi will attempt to “claw back” all commission paid plus a $50 chargeback fee via the reversed transaction. This means Farmasi will seek to recover funds from anyone that received a reward from transactions that are ultimately reversed. Until the full funds are received, all access to Farmasi services and programs will be suspended.
6.0 SATISFACTION GUARANTEED AND RETURN OF SALES AIDS
Farmasi offers a one hundred percent (100%) thirty-day money-back guarantee for all Customers and Beauty Influencers. If a Customer purchased a product or service directly from a Beauty Influencer, the Beauty Influencer must provide a 100% refund to the customer.
If you as a Beauty Influencer are not 100% satisfied with our products or are unable to sell them, and you would like to return products that were intended to be resold, you may return the items for the product of equivalent value OR a refund if: (I) neither you nor We have terminated the Agreement; (II) the products or services were purchased within the previous (12) months; and (III) the products remain in resalable condition (as defined in the Glossary of Terms). The refund shall be eighty percent (80%) of the purchase price. Shipping and handling charges incurred will not be refunded.
Upon cancellation of the Agreement, the Beauty Influencer may return all generic sales aids provided by the Company and purchased after enrollment within one (1) year from the date of cancellation for a refund if he or she is unable to sell or use the merchandise. A Beauty Influencer may only return sales aids personally purchased from the Company under his or her Beauty Influencer Identification Number, and which are in a resalable condition. Any custom orders of printed sales aids (i.e., business cards, brochures, etc.) that were on the Beauty Influencer’s contact information are imbedded or hard printed or have been added by the Beauty Influencer, are not able to be returned in Resalable Condition and are thus non-refundable. Upon the Company’s receipt of the products and sales aids, the Beauty Influencer will be reimbursed ninety percent (90%) of the net cost of the original purchase price(s), less shipping and handling charges. If the purchases were made through a credit card, the refund will be credited back to the same credit card account. The Company shall deduct from the reimbursement paid to the Beauty Influencer any commissions, bonuses, rebates, or other incentives received by the Beauty Influencer which were associated with the merchandise that is returned.
6.1 Return Process
- All returns, whether by a Customer or Beauty Influencer, must be made as follows:
- Contact our Farmasi Customer Service Department at 1-(833)-432-7627 to confirm your order is eligible for a refund.
- Secure all of the products you are returning in a box and provide a copy of the invoice with the returned products or service. Such invoice must include the reason for return and products must be shipped back in the same manner as it was delivered, meaning the packaging should be the same.
- Ship items the address to the address below.
Farmasi / ATT: Returns
2335 NW 107th Ave Suite 2C01, Doral, FL 33172
- All returns must be shipped to the Company pre-paid, as We do not accept shipping collect packages. We recommend shipping returned products by UPS or FedEx with tracking and insurance as the risk of loss or damage in shipping of the returned product shall be borne solely by the Customer or Beauty Influencer. If the returned product is not received at the Company Distribution Center, it is the responsibility of the Customer or Beauty Influencer to trace the shipment and no credit will be applied.
- If a product is received in a damaged or defective condition, the Company will cover all shipping charges by providing a shipping label. Proof of the defective product must be submitted via photographs to our Customer Service Department by submitting a ticket via your Farmasi Back Office.
- The return of $ 1,000 or more of products accompanied by a request for a refund within a single calendar year by a Beauty Influencer may constitute grounds for involuntary termination.
7.2 Expectation of Privacy
- Farmasi recognizes and respects the importance its Customers and Beauty Influencers place on the privacy of their financial and personal information. Thus, we will make reasonable efforts to safeguard the privacy of and maintain the confidentiality of its Customers’ and Beauty Influencers’ financial and account information and nonpublic personal information.
- By entering into the Beauty Influencer Agreement, you authorize the Company to disclose your name and contact information to upline Beauty Influencers solely for activities related to the furtherance of the Farmasi business. A Beauty Influencer hereby agrees to maintain the confidentiality and security of such information and to use it solely to support and service the downline organization and conduct Farmasi business.
7.3 Employee Access to Information
We limit the number of employees who have access to Customers’ and Beauty Influencers’ nonpublic personal information.
7.4 Restrictions on the Disclosure of Account Information
Farmasi will not share non-public personal information or financial information about current or former Customers or Beauty Influencers with third parties, except as permitted or required by laws and regulations, court orders, or to serve the Customers’ or Beauty Influencers’ interests or to enforce its rights or obligations under these Policies and Procedures, the Beauty Influencer Agreement, or with written permission from the account holder on file.
8.0 PROPRIETARY INFORMATION AND TRADE SECRETS
8.1 Business Reports, Lists, and Proprietary Information
By completing and signing the Beauty Influencer Agreement, you acknowledge that Business Reports, lists of Customer and Beauty Influencer names and contact information, and any other information, which contains financial, scientific, or other information both written or otherwise circulated by the Company about the business of Farmasi (collectively, “Reports”), are confidential and proprietary information and trade secrets belonging to the Company.
8.2 Obligation of Confidentiality
During the Term of the Beauty Influencer Agreement and for five (5) years after the termination or expiration of the Beauty Influencer Agreement between you and Us, you shall not:
- Use the information in the Reports to compete with Farmasi or for any purpose other than promoting your business;
- Use or disclose to any person or entity any confidential information contained in the Reports, including the replication of the genealogy in another network marketing company.
8.3 Breach and Remedies
The Beauty Influencer acknowledges that such proprietary information is of such character as to render it unique and that disclosure or use thereof in violation of this provision will result in irreparable damage to Farmasi and independent Farmasi businesses. The Company and its Beauty Influencers will be entitled to injunctive relief or to recover damages against any Beauty Influencer who violates this provision in any action to enforce its rights under this section. The prevailing party shall be entitled to an award of attorney’s fees, court costs, and expenses.
8.4 Return of Materials
Upon demand by the Company, any current or former Beauty Influencer will return the original and all copies of all “Reports” to the Corporate office together with any other Company confidential information in such person’s possession. Beauty Influencer shall contact the Corporate office to return materials via sending an e-mail to Compliance@farmasius.com.
9.0 ADVERTISING, PROMOTIONAL MATERIAL, USE OF COMPANY NAMES AND TRADEMARKS
- A Beauty Influencer may not re-label, re-package, refill or alter labels of any Farmasi product or service information, materials, or program(s) in any way. Such re-labeling or re-packaging violates federal and state laws, which may result in criminal or civil penalties or liability.
- A Beauty Influencer shall not cause any Company product or service or any Company trade name to be sold or displayed in retail establishments, including but not limited to kiosks in malls, during normal business hours.
- A Beauty Influencer may sell Company products and services and display the Company trade name at any appropriate display booth (such as trade shows) upon prior written approval from the Company. The request for Company approval may be made by way of email to Compliance@farmasius.com.
- We reserve the right to refuse authorization to participate at any function that it does not deem a suitable forum for the promotion of its products and services.
- A Beauty Influencer must safeguard and promote the good reputation of the Company and the products and services it markets. The marketing and promotion of the Company, the Farmasi opportunity, the Compensation Plan, and its products and services will be consistent with the public interest and must avoid all discourteous, deceptive, misleading, unethical, or immoral conduct and practices.
- All promotional materials supplied or created by Us must be used in their original form and cannot be changed, amended, or altered except with prior written approval from the Company Compliance Department.
- The name Farmasi, each of its product and service names, and other names that have been adopted by the Company in connection with its business are proprietary trade names, trademarks, and service marks of Farmasi. As such, these marks are of great value to the Company and are supplied to Beauty Influencers for their use only in an expressly authorized manner.
- A Beauty Influencer’s use of the name “Farmasi” is restricted to protect the Company’s proprietary rights, ensuring that the Company-protected names will not be lost or compromised by unauthorized use. Use of the Farmasi name on any item not produced by the Company is prohibited except as follows:
- [Beauty Influencer’s name] A Beauty Influencer of Farmasi; or
- [Beauty Influencer’s name] Independent Business Owner and Beauty Influencer of Farmasi products and services.
E. Further procedures relating to the use of the Farmasi name are as follows:
- All stationary (i.e., letterhead, envelopes, and business cards) bearing the Farmasi name or logo intended for use by the Beauty Influencer must be approved in writing by the Company Compliance Department.
- Farmasi Beauty Influencers may list “Beauty Influencer of Farmasi” on the white pages of the telephone directory under her name.
- Beauty Influencers may not use the name “Farmasi,” “Farmasi US Corporate Office,” or “Corporate Office of Farmasi” in answering the telephone, creating a voice message, or using an answering service, such as to give the impression to the caller that they have reached the domestic, corporate office. They may state, “Farmasi Beauty Influencer”.
- Beauty Influencers can use our logo for custom t-shirts, hoodies, and other items for their organizations. The sale of custom items is strictly prohibited.
- Beauty Influencers must use the logos that are in the Farmasi Back Office and they cannot be modified in any way shape or form. The term “Beauty Influencer” may be added.
F. Certain photos and graphic images used by Farmasi in its advertising, packaging, and websites are the results of paid contracts with outside vendors that do not extend to Beauty Influencers. If a Beauty Influencer wants to use these photos or graphic images, they must negotiate individual contracts with the vendors for a fee.
G. A Beauty Influencer shall not appear on or make use of television or radio or make use of any other media to promote or discuss the Company, its programs, products, or services without prior written permission from the Company Compliance Department.
H. A Beauty Influencer may not produce for sale or distribution any Company event or speech, nor may a Beauty Influencer reproduce Company audio or video clips for sale or personal use without prior written permission from the Company Compliance Department.
I. Farmasi reserves the right to rescind its prior approval of any sales aid or promotional material to comply with changing laws and regulations and may request the removal from the marketplace of such materials without financial obligation to the affected Beauty Influencer.
J. A Beauty Influencer shall not promote non-Farmasi products or services in conjunction with Company products or services on the same websites or same advertisement.
9.3 Faxes and E-mail Limitations
- Except as provided in this section, a Beauty Influencer may not use or transmit unsolicited faxes, email, mass email distribution, or “spamming” that advertises or promotes the operation of the Farmasi business. The exceptions are:
- Faxes or e-mailing any person who has given prior permission or invitation;
- Faxing or e-mailing any person with whom the Beauty Influencer has established a prior business or personal relationship.
- In all states where prohibited by law, a Beauty Influencer may not transmit, or cause to be transmitted through a third party, (by telephone, facsimile, computer, or another device), an unsolicited advertisement to any equipment, which can transcribe text or images from an electronic signal received over a regular telephone line, cable line, ISDN, T1 or any other signal carrying device, except as outlined in this section.
- All faxes, e-mail, or computer broadcasted documents subject to this provision shall include each of the following:
- a clear identification that the fax or e-mail message is an advertisement or solicitation. The words “advertisement” or “solicitation” should appear in the subject line of the message;
- A clear return path or routing information;
- The use of legal and proper domain name;
- a clear notice of the opportunity to decline to receive further commercial facsimile or e-mail messages from the sender;
- Unsubscribe or opt-out instructions should be the very first text in the body of the message box in the same size text as the majority of the message;
- The true and correct name of the sender, valid senders’ fax or e-mail address, and a valid sender's physical address;
- The date and time of the transmission;
- Upon notification by the recipient of his or her request not to receive further faxed or e-mailed documents, a Beauty Influencer shall not transmit any further documents to that recipient.
- All e-mail or computer broadcasted documents subject to this provision shall not include any of the following:
I. Use of any third-party domain name without permission; and
II. Sexually explicit materials.
9.4 Internet and Third-Party Website Restrictions
- A Beauty Influencer may not use or attempt to register any of FARMASi’s trade names, trademarks, service names, service marks, product names, URLs, advertising phrases, the Company’s name, or any derivative thereof, for any purpose including, but not limited to, Internet domain names (URL), third party websites, social media groups, e-mail addresses, web pages, ads or blogs.
- A Beauty Influencer cannot use or register domain names, email addresses, and/or online aliases
that could cause confusion, be misleading, or deceive individuals into believing that a communication is from or is the property of Farmasi corporate.
Regarding the registered mark of Farmasi in URLs, examples of improper use include but are not limited to:
III. www.facebook.com/farmasius; or
IV. Any other derivatives as described herein.
Examples of permitted URLs, email addresses, and online aliases might appear as follows:
I. Facebook.com/iloveFarmasi; or
II. CindySmith@FarmasiBeauty Influencer.net
The determination as to what could cause confusion, mislead, or be considered deceptive is at the sole discretion of the Company.
- A Beauty Influencer may not sell Farmasi products, or services or offer the Farmasi sales opportunity via “online auctions,” such as eBay®, or “online marketplaces” such as Amazon or Etsy. For more information, please see the Farmasi Online Marketplace Provision under Section 9.4(R).
- The Company provides all Beauty Influencers with one (1) replicated website. A Farmasi replicated website is a personal website for Beauty Influencers that is hosted on Company servers. Any Beauty Influencer who wishes to develop its third-party website (or site not affiliated with the Company and independently owned and operated by the Beauty Influencer) must seek and receive the Company’s prior written approval before going live with such a third-party website. Should the Company grant the Beauty Influencer approval to use a third-party website, the site must:
- Identify yourself as a Beauty Influencer for Farmasi
- Use only the approved images and wording authorized by the Company
- Adhere to the branding, trademark, and image usage policies described in this document.
- Adhere to any other provision regarding the use of a third-party website described in this document
- Agree to modify your website to comply with current or future Company policies.
- All marketing materials used on a Beauty Influencer’s third-party website must be provided by the Company in writing.
- To avoid confusion, the following three elements must also be prominently displayed at the top of every page of any third-party website:
1. The Farmasi Beauty Influencer Logo
2. Your Name and Title
3. Farmasi Corporate Website Redirect Button
- A Beauty Influencer may not use third-party sites that contain materials copied from corporate sources (such as Farmasi brochures, CDs, videos, tapes, events, presentations, and corporate websites). This policy ensures brand consistency, allows Customers and Beauty Influencers to stay up to date with changing products, services, and information, facilitates enrollment under the correct Sponsor, and assists in compliance with government regulations.
- If a Beauty Influencer who has received authorization to create and post any third-party website has the business voluntarily or involuntarily canceled for any reason, or if the Company revokes authorization allowing the Beauty Influencer to maintain such a third-party website, the Beauty Influencer shall assign the URL to the third-party website to the Company within three (3) days from the date of the cancellation and/or re-direct all traffic to the site as directed by the Company. We reserve the right to revoke any Beauty Influencer’s right to use a third-party website at any time if We believe that such revocation is in the best interest of Farmasi, its Beauty Influencers , and/or Customers. Decisions and corrective actions in this area are at the Company’s sole discretion.
- Social Media sites may be used to market Farmasi products. PROFILES A BEAUTY INFLUENCER GENERATES IN ANY SOCIAL COMMUNITY WHERE FARMASI IS DISCUSSED OR MENTIONED MUST IDENTIFY THE BEAUTY INFLUENCER AS SUCH, and when a Beauty Influencer participates in those communities, he or she must avoid inappropriate conversations, comments, images, video, audio, applications, or any other adult, profane, discriminatory or vulgar content. The determination of what is inappropriate is at the Company’s sole discretion, and offending Beauty Influencers will be subject to disciplinary action. Banner ads and images used on these sites must be current and must come from the Farmasi-approved library. If a link is provided, it must link to the posting Beauty Influencer’s replicated website or an approved third-party website.
- Anonymous postings or use of an alias on any Social Media site is prohibited, and offending Beauty Influencers will be subject to disciplinary action.
- Beauty Influencers may not use blog spam, spamdexing, or any other mass-replicated methods to leave blog comments. Comments Beauty Influencers create, or leave must be useful, unique, relevant, and specific to the blog’s article.
L. Beauty Influencers must disclose their full name on all Social Media postings, and conspicuously identify themselves as a Beauty Influencers for Farmasi. Anonymous postings or the use of an alias is prohibited.
M. Postings that are false, misleading, or deceptive are prohibited. This includes, but is not limited to, false or deceptive postings relating to the Farmasi income opportunity, the Company products, and services, and/or your biographical information and credentials.
- Beauty Influencers are personally responsible for their postings and all other online activity that relates to Farmasi. Therefore, even if a Beauty Influencer does not own or operate a blog or Social Media site, a Beauty Influencer’s post(s) to any such site that relates to Farmasi, or which can be traced to the Company makes the Beauty Influencer responsible for the posting. Beauty Influencers are also responsible for postings that occur on any blog or Social Media site that the Beauty Influencer owns, operates, or controls.
- The distinction between a Social Media site and a website may not be clear-cut, because some Social Media sites are particularly robust; therefore, Farmasi reserves the sole and exclusive right to classify certain Social Media sites as third-party websites and require that Beauty Influencers using, or who wish to use, such sites adhere to the Farmasi policies relating to third-party websites.
- If your Farmasi business is canceled for any reason, you must discontinue using the Company name, and all the Company’s trademarks, trade names, service marks, and other intellectual property, and all derivatives of such marks and intellectual property, in any postings and all Social Media sites that you utilize. If you post on any Social Media site on which you have previously identified yourself as a Beauty Influencer of Farmasi, you must conspicuously disclose that you are no longer a Farmasi Beauty Influencer business owner.
- Failure to comply with these Policies for conducting business online may result in the Beauty Influencer losing their right to advertise and market Company products, services, and the Farmasi opportunity online or any other disciplinary action available under the Policies and Procedures.
- Farmasi predicates its business on in-home and event sales. Therefore, face-to-face interactions with Customers and Beauty Influencers are critical to one’s success in this business. Because of this, Farmasi has a strict approach to online marketplace sales via eBay or Etsy. The Company does not allow a Beauty Influencer to sell any Farmasi products on eBay, Etsy, or Facebook Marketplace (collectively known as “Online Marketplaces”). During the term of your contract as a Beauty Influencer, you can maintain a profile on any of these Online Marketplaces but must refrain completely from selling or offering Company products. This same policy applies to other third-party sites by which a Beauty Influencer could sell Farmasi products.
9.5 Advertising and Promotional Materials
- No special enticement advertising is allowed. This includes, but is not limited to, offers of a free business, free product packages, or other such offers that grant advantages beyond those available through the Company.
- Advertising and all forms of communications must adhere to principles of honesty and propriety.
- All advertising, including, but not limited to, print, Internet, computer bulletin boards, television, radio, etc., are subject to prior written approval by the Company Compliance Department.
- All requests for approvals concerning advertising must be directed in writing to the Company Compliance Department.
- Corporate approval is not required to place blind ads that do not mention Farmasi, its employees, any of its products, services, designs, symbols, programs, and trademarked, copyrighted, or otherwise protected materials.
- The Company reserves the right to rescind its prior approval of submitted advertising or promotional materials to comply with changing laws and regulations and may require the removal of such advertisements from the marketplace without obligation to the affected Beauty Influencer.
- Sample products are not intended for resale.
9.6 Testimonial Permission
By signing the Beauty Influencer Agreement, you permit us to use your testimonial or image and likeness in corporate sales materials, including but not limited to print media, electronic media, audio, and video. In consideration of being allowed to participate in the Farmasi opportunity, you waive any right to be compensated for the use of your testimonial or image and likeness even though the Company may be paid for items or sales materials containing such image and likeness. In some cases, a Beauty Influencer’s testimonial may appear in another Beauty Influencer’s advertising materials. If you do not wish to participate in Farmasi sales and marketing materials, you should provide a written notice to the Company Compliance Department to ensure that your testimonial or image and likeness will not be used in any corporate materials, or corporate recognition pieces, advertising or recordings of annual events.
9.7 Telemarketing Limitations
- A Beauty Influencer must not engage in telemarketing in relation to the operation of his or her Farmasi business. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of Farmasi products or services, or to recruit them for the Farmasi opportunity.
- The Federal Trade Commission (“FTC”) and the Federal Communications Commission (“FCC”) each have laws that restrict telemarketing practices. Both federal agencies, as well as several states have “do not call” regulations as part of their telemarketing laws.
- While a Beauty Influencer may not consider herself a “telemarketer” in the traditional sense, these regulations broadly define the term “telemarketer” and “telemarketing” so that the unintentional action of calling someone whose telephone number is listed on the Federal “Do Not Call” registry could cause the Beauty Influencer to violate the law. These regulations must not be taken lightly, as they carry significant penalties (up to $11,000 per violation).
- “Cold calls” or “state-to-state calls” made to prospective Customers or Beauty Influencers that promote either Farmasi products, services or the Farmasi opportunity is considered telemarketing and is prohibited.
- Exceptions to Telemarketing Regulations. A Beauty Influencer may place telephone calls to prospective Customers or Beauty Influencers under the following limited situations:
- If the Beauty Influencer has an established business relationship with the prospect
- In response to the prospect’s personal inquiry or application regarding a product or service offered by the Beauty Influencer within three (3) months immediately before the date of such a call
- If the Beauty Influencer receives written and signed permission from the prospect authorizing the Beauty Influencer to call
- If the call is to family members, personal friends, and acquaintances. However, if a Beauty Influencer makes a habit of collecting business cards from everyone, he/she meets and subsequently calls them, the FTC may consider this a form of telemarketing that is not subject to this exemption
- A Beauty Influencer engaged in calling “acquaintances,” must make such calls on an occasional basis only and not as a routine practice.
- A Beauty Influencer shall not use automatic telephone dialing systems in the operation of her Farmasi businesses.
- Failure to abide by Company policies or regulations as set forth by the FTC and FCC regarding telemarketing may lead to sanctions against the Beauty Influencer’s business, up to and including termination of the business.
- By signing the Beauty Influencer Agreement, or by accepting commission checks, other payments, or awards from Farmasi, a Beauty Influencer gives permission to Farmasi and other Beauty Influencers to contact them as permitted under the Federal Do Not Call regulations.
- In the event a Beauty Influencer violates this section, we reserve the right to institute legal proceedings to obtain monetary or equitable relief.
10.0 CHANGES TO A BEAUTY INFLUENCER’S BUSINESS
10.1 Modification of the Beauty Influencer Agreement
A Beauty Influencer may modify his, her or its existing Beauty Influencer Agreement (i.e., change a social security number to a Federal ID number, add a Spouse or partner to the account, or change the form of ownership from an individual to a Business Entity owned by the Beauty Influencer) by submitting a written request, accompanied by a new Beauty Influencer Agreement and the Business Registration Form, if applicable, completed with fresh signatures (not a “crossed out” or “white-out” version of the first Agreement), and any appropriate supporting documentation.
10.2 Change Sponsor or Placement for Inactive Beauty Influencer
- Beauty Influencers have 3 days after registering to request a change of sponsor. At the discretion of Farmasi, Beauty Influencers who have not earned an accumulation of 125 Personal Volume in 6 calendar months would be considered inactive and their accounts would be closed. Beauty Influencers who have not tendered a letter of resignation, are eligible to re-enroll in the Company under the Sponsor/Placement of their choice.
- Upon written notice to the Company that a former Beauty Influencer wishes to re-enroll, Farmasi will “compress” (close) the original account. A new Beauty Influencer ID number will then be issued to the former Beauty Influencer.
- Such Beauty Influencer does not retain former rank, downline, or rights to commission checks from the former organizations.
As a one-time opportunity, if you are a Beauty Influencer who is sponsored directly by the company (FARMASI Root) and have a total monthly GV of less than 50,000, you may only request a sponsor change if the person you want to sponsor you is at least 2 titles higher than the highest title you have attained.
To avoid being placed back under FARMASI root, you have three months to reach a title higher than the one from your change and a minimum 20 percent GV rise.
E. The Company reserves the right to correct Sponsor or Placement errors at any time and in whatever manner it deems necessary.
10.3 Change Organizations
- If a Beauty Influencer wishes to transfer organizations, he or she must submit a letter of resignation to the Company Customer Service Department and remain inactive (neither buy or sell) an accumulation of 125 Personal Volume within 6 calendar months from the receipt of the letter before being eligible to re-enroll under a different Sponsor/Placement.
- The Company retains the right to approve or deny any request to re-enroll after a Beauty Influencer’s resignation.
- If re-enrollment is approved, the former Beauty Influencer will be issued a new Beauty Influencer ID number and will be required to submit a new Beauty Influencer Agreement. The Beauty Influencer will not be entitled to keep any former rank, downline, or rights to commission checks from any prior organization.
10.4 Unethical Sponsoring
- Unethical sponsoring activities include, but are not limited to, enticing, bidding, or engaging in unhealthy competition in trying to acquire a prospect or new Beauty Influencer from another Beauty Influencer or influencing another Beauty Influencer to transfer to a different sponsor.
- Allegations of unethical sponsoring must be reported in writing to the Company Compliance Department within the first 90 days of enrollment. If the reports are substantiated, Farmasi may transfer the Beauty Influencer or the Beauty Influencer’s downline to another sponsor, Placement, or organization without approval from the current up-line Sponsor or Placement Beauty Influencers. The Company remains the final authority in such cases.
- Farmasi prohibits the act of “Stacking.” Stacking is the unauthorized manipulation of the Company compensation system and/or the marketing plan to trigger commissions or cause a promotion off a downline Beauty Influencer in an unearned manner. One example of stacking occurs when a Sponsor places participant under an inactive downline without his or her knowledge to trigger unearned qualification for commissioning. Stacking is unethical and unacceptable behavior, and as such, it is a punishable offense with measures up to and including the termination of the independent consultant positions of all individuals and/or entities found to be directly involved.
- Should Beauty Influencers engage in solicitation and/or enticement of members of another direct sales company to sell or distribute Farmasi products and services to, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration, or mediation is brought against a Beauty Influencer alleging that they engaged in inappropriate recruiting activity of another company’s sales force or Customers, the Company will not pay any of the Beauty Influencer’s defence costs or legal fees, nor will the Company indemnify the Beauty Influencer for any judgment, award, or settlement.
10.5 Sell, Assign or Delegate Ownership
- To preserve the integrity of the hierarchical structure, it is necessary for Farmasi to place restrictions on the transfer, assignment, or sale of a business.
- A Beauty Influencer may not sell or assign rights or delegate the position as a Beauty Influencer without prior written approval by the Company, which approval will not be unreasonably withheld. Any attempted sale, assignment, or delegation without such approval may be voided at the discretion of the Company.
- Should the sale be approved by the Company, the Buyer assumes the position of the Seller at the current qualified title, but at the current “paid as” rank, at the time of the sale and acquires the Seller’s Downline.
- To request corporate authorization for a sale or transfer of a Farmasi business, the following items must be submitted to the Company Compliance Department:
- A Sale/Transfer of Business Form properly completed, with the requisite signatures
- A copy of the Sales Agreement signed and dated by both Buyer and Seller
- A Beauty Influencer Agreement completed and signed by the Buyer
- Any additional supporting documentation requested by the Company
- Any debt obligations that either Seller or Buyer may have with Farmasi must be satisfied prior to the approval of the sale or transfer by the Company.
- A Beauty Influencer who sells his or her business is not eligible to re-enroll as a Beauty Influencer in any organization for twelve (12) full calendar months following the date of the sale except as otherwise expressly set forth in these Policies and Procedures.
G. The Transfer/Sale will be approved or denied at the sole discretion of Farmasi.
10.6 Separating a Beauty Influencer’s Farmasi Business
- Pending a divorce or dissolution of a partnership or other business entity, the parties must adopt one of the following methods of operation:
- One of the parties may, with the written consent of the other(s), operate the Farmasi business whereby the relinquishing Spouse, shareholders, partners, members or trustees authorize the Company to deal directly and solely with the other Spouse, non-relinquishing shareholder, partner, member or trustee;
- The parties may continue to operate the Farmasi business jointly on a “business as usual” basis, whereupon all compensation paid by the Company will be paid in the name designated as the Beauty Influencer or in the name of the entity to be divided, as the parties may independently agree between them. If no name is stipulated, Farmasi will pay compensation to the name on record and in such event, the Beauty Influencer named on the account shall indemnify Farmasi from any claims from the other business owner(s) or the other Spouse with respect to such payment.
- The Company recognizes only one Downline organization and will issue only one commission check per Farmasi business per commission cycle. Under no circumstances will the Downline of an organization be divided, nor will Farmasi split commission and/or bonus checks.
- If a relinquishing Spouse, partner, or owner of the business has completely relinquished (“Relinquishing Party”), in writing, all rights to the original Farmasi business, he or she may immediately thereafter re-enroll under the Sponsor and Placement of his or her choice. In such cases, however, the Relinquishing Party shall have no rights to, and shall not solicit, any Beauty Influencer or active Customer in the former organization and must develop a new business in the same manner as any other new Beauty Influencer. A Beauty Influencer in the Relinquishing Party’s former Downline who wishes to transfer to the Relinquishing Party’s new organization or to any other organization, must comply with the requirements in Section 12.5.
- Upon the death or incapacity of a Beauty Influencer, the Beauty Influencer’s corresponding business may be passed on to his or her legal successors in interest (successor). Whenever a Farmasi business is transferred by will or other testamentary process, the successor acquires the right to collect all bonuses and commissions of the deceased Beauty Influencer’s sales organization. The successor must:
- Complete and sign a new Beauty Influencer Agreement
- Comply with the terms and provisions of the Beauty Influencer Agreement; and
- Meet all the qualifications for the last rank achieved by the former Beauty Influencer.
- Bonus and commission check of a Farmasi business transferred based on this section will be paid in a single check to the successor. The successor must provide the Company with an “address of record” to which all bonus and commission Payments will be sent. Payments will be based on the current performance of the business, not the highest rank or volume achieved.
- If the business is passed on to joint devisees (successors), they must form a business entity and acquire a federal taxpayer identification number. Farmasi will issue all bonus and commission payments and one 1099 Miscellaneous Income Tax form to the managing business entity only.
- Appropriate legal documentation must be submitted to the Company Compliance Department to ensure the transfer is done properly. To affect a testamentary transfer of a Farmasi business, the successor must provide the following to the Company Compliance Department:
- A certified copy of the death certificate; and
- A notarized copy of the will or other appropriate legal documentation establishing the successor’s right to the Farmasi business.
- To complete a transfer of the Farmasi business because of incapacity, the successor must provide the following to the Company Compliance Department:
- A notarized copy of an appointment as trustee
- A notarized copy of the trust document or other appropriate legal documentation establishing the trustee’s right to administer the Farmasi business; and
- A completed Beauty Influencer Agreement executed by the trustee.
- If the successor is already an existing Beauty Influencer, the Company will allow such Beauty Influencer to keep his or her own business plus the inherited business active for up to six (6) months. By the end of the 6-month period, the Beauty Influencer must have compressed (if applicable), sold or otherwise transferred either the existing business or the inherited business.
- If the successor wishes to terminate the Farmasi business, he, she or it must submit a notarized statement stating the desire to do so, along with a certified copy of the death certificate, appointment as trustee, and/or any other appropriate legal documentation.
- Upon written request, Farmasi may grant a one (1) month bereavement waiver and pay out at the last “paid as” rank.
10.8 Resignation/Voluntary Cancellation
- A Beauty Influencer may immediately terminate his or her business by submitting a written notice or email to the Company Compliance Department. The written notice must include the following:
- The Beauty Influencer’s intent to resign;
- Date of resignation;
- Farmasi Identification Number;
- Reason for resigning; and
- A Beauty Influencer may not use resignation or voluntary cancellation to immediately change Sponsor and Placement. Instead, the Beauty Influencer who has voluntarily resigned is not eligible to reapply for a business or have any financial interest in a or any Farmasi business for six (6) months from the receipt of the written notice of resignation.
C. Following any voluntary cancellation, a Beauty Influencer:
- Shall have no right, title, claim or interest to any commission or bonus from the sales generated by the Beauty Influencer’s former organization or any other payments in association with the Beauty Influencer’s former independent business
- Effectively waives all claims to property rights or any interest in or to the Beauty Influencer’s former downline organization
- Shall receive commissions and bonuses only for the last full pay period in which he or she was active prior to cancellation, less any amounts withheld during an investigation preceding an involuntary cancellation, and less any other amounts owed to the Company.
10.9 Involuntary Termination
- The Company reserves the right to terminate a Beauty Influencer’s Farmasi business for, but not limited to, the following reasons:
- Violation of any terms or conditions of the Beauty Influencer Agreement
- Violation of any provision in these Policies and Procedures
- Violation of any provision in the Compensation Plan
- Violation of any applicable law, ordinance, or regulation regarding the Farmasi business
- Engaging in unethical business practices or violating standards of fair dealing; or
- Returning over $ 1.000 worth of products, services and/or sales tools for a refund within a twelve (12) month period.
- Farmasi will notify the Beauty Influencer in writing at the last known address of the intent to terminate the Beauty Influencer’s business and the reasons for termination. The Beauty Influencer will then have seven (7) calendar days from the date of such notice to appeal the termination in writing. Farmasi must receive the Beauty Influencer’s written appeal within seven (7) calendar days of the date of the termination letter. If the written appeal is not received within this time, the termination will be considered final.
- If the Beauty Influencer does file a timely appeal of termination, the Company will review its decision, along with any other information it may deem relevant, reconsider any other appropriate action, and notify the Beauty Influencer of its decision. The decision of the Company is then considered final and not subject to further review.
- If the termination is not rescinded, the termination will be effective as of the date of the original termination notices by the Company. The former Beauty Influencer shall thereafter be prohibited from using the names, marks or signs, labels, stationery, advertising, or business material referring to or relating to any Farmasi products or services. The Company will notify the active Upline Sponsor of the termination, and the organization of the terminated Beauty Influencer will “roll up” to the active Upline Sponsor on record.
- The Beauty Influencer who is involuntarily terminated by the Company may not reapply for a business, either under the present name or any other name or entity, without the express written consent of an officer of Farmasi. In any event, such Beauty Influencer may not re-apply for a business for twelve (12) months from the date of termination.
11.0 DISCIPLINARY SANCTIONS
11.1 Imposition of Disciplinary Action - Purpose
It is the spirit of Farmasi that integrity and fairness should pervade its sales force, thereby providing everyone with an equal opportunity for all Beauty Influencers to build a successful business. Therefore, We reserve the right to impose disciplinary sanctions at any time, when We determine that a Beauty Influencer has violated the Agreement, any of these Policies and Procedures, or the Compensation Plan as may be amended from time to time by the Company.
11.2 Consequences and Remedies of Breach
Disciplinary actions may include one or more of the following:
- Monitoring a Beauty Influencer’s conduct over a specified period to assure compliance
- Issuance of a written warning or requiring the Beauty Influencer to take immediate corrective action
- Imposition of a fine (which may be imposed immediately or withheld from future commission payments) or the withholding of commission payments (“Commission Hold”) until the matter causing the Commission Hold is resolved or until the Company receives adequate additional assurances from the Beauty Influencer to ensure future compliance.
- Suspension from participation in Company or Beauty Influencer-related events, rewards, or recognition
- Suspension of the Beauty Influencer Agreement and your business for one or more pay periods
- Involuntary termination of the Beauty Influencer Agreement and your business
- Any other measure which We deem feasible and appropriate to justly resolve injuries caused by the Beauty Influencer’s violation or contractual breach, OR
- Legal proceedings for monetary or equitable relief.
12.0 DISPUTE RESOLUTION
If a Beauty Influencer has a grievance or complaint against another Beauty Influencer regarding any practice or conduct relating to their respective Farmasi businesses, the Beauty Influencer is encouraged to resolve the issue directly with the other party. If an agreement cannot be reached, it must be reported directly to the Company Compliance Department as outlined below.
- The Compliance Department will be the final authority on settling such grievance or complaint and its written decision shall be final and binding on the Beauty Influencers involved.
- Farmasi will confine its involvement to disputes regarding Farmasi business matters only. We will not decide issues that involve personality conflicts or unprofessional conduct by or between Beauty Influencers outside the context of Company business. These issues go beyond the scope of the Company and may not be used to justify a Sponsor, placement change or transfer.
- Farmasi does not consider, enforce, or mediate third party agreements between Beauty Influencers, nor does it provide names, funding, or advice for obtaining outside legal counsel.
Process for Grievances:
A Beauty Influencer should submit an email directly to the Company Compliance Department. The letter shall set forth the details of the incident as follows:
- The nature of the violation and specific facts to support such allegations
- Dates and the number of occurrences
- Persons involved; and
- Any other supporting documentation.
- Upon receipt of the written complaint, the Company will conduct a general investigation.
The Company will make a final decision and timely notify the Beauty Influencers involved.
- Any controversy or claim arising out of or relating to the Agreement and/or these Policies and Procedures (or the breach thereof), your business or any other dispute between the Company and you, shall be settled by binding and confidential arbitration administered by the American Arbitration Association under its commercial arbitration rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any such arbitration shall be held in Miami, Florida. There shall be one arbitrator, who shall have expertise in business law transactions and who shall be knowledgeable in the direct selling industry, selected from a panel provided by the American Arbitration Association.
- The prevailing party in any such arbitration shall be entitled to receive from the losing party, all costs and expenses of arbitration, including reasonable attorney’s fees and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to judgment in any court of competent jurisdiction.
C. This agreement to arbitration shall survive any termination or expiration of the Agreement.
D. Nothing in these Policies and Procedures shall prevent Farmasi from applying for or obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction, or other relief available to safeguard and protect the Company’s interests or its Confidential Information prior to, during or following the filing of an arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
- NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
- These Policies and Procedures and any arbitration involving a Beauty Influencer and the Company shall be governed by and construed in accordance with the laws of the state of Florida, without reference to its principles of conflict of laws.
In any case which arises from or relates to the wrongful termination of the Beauty Influencer Agreement and/or a Beauty Influencer’s Farmasi business, the Company and Beauty Influencer agree that damages will be extremely difficult to ascertain. Therefore, the Company and Beauty Influencer stipulate that if the involuntary termination of the Beauty Influencer Agreement and/or loss of the Beauty Influencer’s Farmasi business is proven and held to be wrongful under any theory of law, the Beauty Influencer’s sole remedy shall be liquidated damages calculated as follows:
- For Beauty Influencer’s at the “Paid As” rank of 18% or above (with the exception of paragraph II below), liquidated damages shall be in the amount of his/her gross compensation that he/she earned pursuant to the Farmasi Compensation Plan in the twelve (12) months immediately preceding the termination.
- For Beauty Influencer’s at the “Paid As” rank of 22%, liquidated damages shall be in the amount of his/her gross compensation that he/she earned pursuant to the Farmasi Compensation Plan in the twenty-four (24) months immediately preceding the termination.
In any action arising from or relating to the Agreement, the Farmasi business, or the relationship between the Company and Beauty Influencer, both parties waive all claims for incidental and/or consequential damages, even if the other party has been apprised of the likelihood of such damage. The Company and Beauty Influencer further waive all claims to exemplary and punitive damages.
If any provision of these Policies and Procedures is found to be invalid, or unenforceable for any reason, only the invalid provision shall be severed. The remaining terms and provisions hereof shall remain in full force and shall be construed as if such invalid or unenforceable provision never had comprised a part of these Policies and Procedures.
Only an officer of Farmasi can, in writing, affect a waiver of these Policies and Procedures. The Company’s waiver of any breach by a Beauty Influencer shall not affect Our rights with respect to any subsequent breach, nor shall it affect the rights or obligations of any other Beauty Influencer.
The existence of any claim or cause of action of a Beauty Influencer against the Company shall not constitute a defense to Our enforcement of any term or provision found in these Policies and Procedures.
12.6 Successors and Claims
The agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
13.0 GOVERNING LAW
These Policies and Procedures shall be governed by and construed in accordance with the Laws of the State of Florida and the exclusive jurisdiction of the United States, Canada, and Mexico courts.