Oooh! Shiny Things Policies

5/17/2017

OOOH! SHINY THINGS POLICIES

Section 1 – Becoming a Representative

Section 2 – Operating an Independent Oooh! Shiny Things Business

Section 3 – Conducting Business Online

Section 4 – Conflicts of Interest

Section 5 – Recruiting and Training

Section 6 – Sales

Section 7 – Bonuses and Commissions

Section 8 – Order Cancellation and Return Policy

Section 9 – Violation of Agreement and Corrective Measures

Section 10 – General

SECTION 1 - BECOMING A REPRESENTATIVE

1.1 - Requirements to Become a Representative

In order to become an Oooh! Shiny Things (“OST”) Representative, every applicant must:

a.                   Be at least 18 years of age (if under age 18, must have a parent or guardian as a co-applicant);

b.                  Reside in Canadian Provinces of Ontario, Manitoba, Alberta and British Columbia; OR Reside in any of the states in the United States of America;

Reside in Canadian Provinces of Saskatchewan, Quebec, New Brunswick, Nova Scotia, Newfoundland and Labrador, Prince Edward Island, Yukon, Northwest Territories and Nunavut. These provinces have selling limitations. Please see Section 3.7 for limitations.

c.                   Submit an accurate and complete Representative Registration and Agreement to OST. (Representative Registration must be submitted online.)

OST reserves the right to accept or reject any Representative Application and Agreement for any reason.

1.2 – Starter Kits and Product Purchases

OST does not require any new Representative to purchase a starter kit for the sole purpose of facilitating sales. OST may make other products and other sales aids available as an option for Representatives to purchase. No person will have to purchase optional products and sales aids in order to become a Representative of OST. Pursuant to the terms of Section 8.3, OST will buy back any OST products that are in resalable condition from any Representative who terminates his or her Representative Agreement.

1.3 - Representative Benefits

The benefits of the Compensation Plan and Representative Agreement are available to a Representative once OST has accepted the Representative Application and Agreement. These benefits are available immediately and include the right to:

a) Sell OST products;

b) Participate in the OST Compensation Plan, if eligible;

c) Sponsor other individuals as Representatives into the OST business;

d) Receive periodic literature and communications from OST;

e) Participate in any available OST-sponsored support, training and recognition functions, upon payment of appropriate charges, if applicable; and

f) Participate in any promotional and incentive contests and programs sponsored by OST for its Representatives.

1.4 - Term and Renewal of Your Independent Oooh! Shiny Things Business

The term of the Representative Agreement is unlimited (subject to prior termination pursuant to Section 9).  Individuals may remain Representatives of OST for as long as they are actively facilitating sales according to the policies stated in the Compensation Plan literature. A Representative is determined to be actively facilitating sales if he or she has an activated back office.

 

SECTION 2 - OPERATING AN INDEPENDENT OOOH! SHINY THINGS BUSINESS

2.1 - Marketing Tools and Methods

Representatives must adhere to the terms of the OST Compensation Plan as set forth in official OST literature.  Representatives shall not offer the OST opportunity through, or in combination with, any other system, program, sales tools, or method of marketing other than that specifically set forth in official OST literature.  Representatives shall not require or encourage other current or prospective Representatives to execute any agreement or contract other than official OST agreements and contracts in order to become an OST Representative.  Similarly, Representatives shall not require or encourage other current or prospective or Representatives to make any purchase from, or payment to, any individual or other entity to participate in the OST Compensation Plan other than those purchases or payments identified as recommended or required in official OST literature.

2.2 - Trademarks and Copyrights

The name “Oooh! Shiny Things”, “OST”, and other names and logos as may be adopted by the Company are proprietary trade names and/or trademarks of OST.  The Company grants Representatives a limited license to use its trademarks and trade names in promotional media for so long as the Representative’s Agreement is in effect.  Upon termination of a Representative’s Agreement, his or her license shall immediately expire and the Representative shall immediately discontinue all use of the Company’s trademarks and trade names.  Under no circumstances may a Representative use any of OST’s trademarks or trade names in any email address, website domain name, social media handle, social media name or address, or in any unapproved Sales Tools. 

As an independent Representative, you may use the OST name in the following manner;

Representative’s Name
Oooh! Shiny Things Independent Representative

Example:             Jane Smith-Blythe
Oooh! Shiny Things Independent Representative

Representatives may not use the name “Oooh! Shiny Things” in any form in a team name, a tagline, an external website name, a personal website address or extension, in an e-mail address, as a personal name, or as a nickname. Representatives may not name their Facebook or other social media pages “Oooh! Shiny Things” or similar. If a Representative wishes to use the term “Oooh! Shiny Things” on her Facebook or other social media page(s), the Representative may only do so if she includes her name and words “Independent Representative” or similar. They may also use the term “Oooh! Shiny Things” for use in a social media page or group, if they write “by” and then the Representative’s name. For example “OST by Samantha”. Additionally, a Representative must use the phrase Oooh! Shiny Things Independent Representative in any telephone greetings or on any answering machines that reference OST  to clearly separate the Representative’s independent OST business from OST.  

If the independent OST business of a Representative who has received authorization to create and post an External Website is voluntarily or involuntarily canceled for any reason, he/she shall assign the URL to his/her External Website to the Company within three days from the date of the cancellation.

All training and marketing materials provided by OST are owned exclusively by the Company. Representatives may not record or reproduce any OST sales tools, videos, audios, podcasts or printed materials for personal or business use without prior written approval from the Company.

2.3 -  Unsolicited Email

Representatives are not permitted to send commercial emails or other commercial electronic messages (CEMs), such as text messages, unless these messages are compliant with applicable laws and regulations including, but not limited to Canada’s Anti-Spam Legislation (CASL).

OST does not permit Representatives to send commercial emails or other commercial electronic messages (such as text messages or SMS, collectively, “CEMs”) unless such messages strictly comply with applicable laws and regulations including, without limitation, Canada’s Anti-Spam Legislation, (CASL). Any email or other electronic message sent by a Representative that promotes OST, the OST opportunity, or OST’s products must comply with this section as well as the applicable law. Representatives are solely responsible for their own compliance with the law, including CASL.

Representatives must follow the guidelines set forth by CASL:

To send a commercial electronic message to an electronic address, you need to have the recipient's consent, to identify yourself, to offer an unsubscribe mechanism and to be truthful.

        Consent: You must have a form of valid consent.

        Identification: Clearly identify yourself and your organization. You must include your mailing address. You must also include a phone number for accessing an agent or a voice messaging system, an email address, or a web address for you or the person on whose behalf you are sending the message.

        Unsubscribe mechanism: Provide an unsubscribe mechanism that is functional for 60 days.

        Truth in advertising: Your messages must not be false or misleading. They must not have false or misleading sender information, subject matter information, URLs and/or metadata.

OST recommends that all Representatives explore and understand their legal obligations in this matter by visiting the following URL to acquire more information:  http://fightspam.gc.ca

The Representative must provide OST with email addresses obtained through their express consent mechanism, along with a record of the consent.

2.4 - Telephone Directory Listings

Representatives may not place listings in telephone directories, online directories or in directory display ads identifying themselves using OST’s name or logo. Representatives may not answer telephone calls by saying “Oooh! Shiny Things” or in any other manner that insinuates the caller has reached the official OST head offices.

 

SECTION 3 - CONDUCTING BUSINESS ONLINE

3.1 - Representative Web Sites

OST now has replicated websites and a back office for representatives to use as their tool for selling. The representative pays a monthly cost for the website.  OST currently does not have the ability to create self-replicated websites for each individual Representative. Until such time, Representatives will receive a personal Rep Identification Code (“Rep ID Code”) upon acceptance and approval of their Representative Agreement. The Rep ID Code is unique to each Representative and is to be entered by their customers and potential team members on the comments section on the checkout page of the official OST website in order to receive compensation. In the event that an order is placed with no Rep ID Code used during checkout, all efforts will be made to identify the source of the referral to ensure the OST Representatives are not missing any deserved commissions. Representatives may not develop his or her own external or personal website to promote his or her OST businesses and may only utilize the official OST Website to promote his or her OST business and generate sales online.

3.2 - Domain Names, Email Addresses and Online Aliases

OST Representatives shall not use or register an internet domain name, email address or any online alias as “Oooh! Shiny Things” or any of OST’s trade names, trademarks, product names, or any derivatives of OST names. Representative also shall not use or register an internet domain name, email address or online alias with a name that may mislead or deceive an individual into believing that the communication is from or the content is the official property of OST.

If a Representative violates this policy, the Representative will transfer and assign the domain name, email address or online alias to OST immediately upon the demand of OST. Any costs or fees associated with the assignment and transfer, including but not limited to attorney fees and transfer costs, shall be the sole responsibility of the Representative. OST may take other remedial or disciplinary action in addition to the remedy identified in this section.

3.3 - Online Classifieds

Online classified websites, including but not limited to Craigslist, Kijiji, Facebook and other social media, may be used to promote, sell or advertise the OST business opportunity and/or products and must include only OST-approved images and/or templates. All links (URLs) provided in the ad may only link to the official OST Website and be accompanied by the Representative’s personal Rep ID Code.  

OST does not promote the practice of undercutting fellow representatives. It is suggested to sell the product at the retail price, however, if you choose to sell products higher than the suggested retail price you are responsible for submitting the required additional taxes to the federal and/or provincial governments. 

 

3.4 - eBay / Online Auctions / Online Retailing

Representatives may not list, or knowingly allow a third party to list or sell OST products on eBay, other online auctions, or on any online retail store or ecommerce site.

3.5 - Banner Advertising

Upon approval by the Company, Representatives may place banner advertisements on third-party websites. All ads may only use OST-approved templates and images, may only link to the official OST Website and be accompanied by the Representative’s personal Rep ID Code, and must disclose the identity of the Company. Representatives shall not make any claims regarding product or income associated with OST products or the OST business opportunity.

3.6 - Digital Media Submission (YouTube, Facebook, Twitter, Pinterest, Instagram, etc.)

Representatives may upload, submit or publish OST-related video, audio or photo content that they develop and create so long as it aligns with OST values, contributes to the OST community greater good and is in compliance with OST’s Policies and Procedures. All submissions must clearly identify the submitter as an OST Independent Representative in the content itself and in the content description tag, must comply with all copyright/legal requirements, and must state that the submitter is solely responsible for this content. Representatives may not upload, submit or publish any content (video, audio, presentations or any computer files) received from OST or captured at official OST events or in buildings owned or operated by OST without prior written permission.

3.7 – Canadian Provinces Limitations

Representatives that reside in Canadian Provinces of Saskatchewan, Quebec, New Brunswick, Nova Scotia, Newfoundland and Labrador, Prince Edward Island, Yukon, Northwest Territories and Nunavut are limited to online sales and social media sales only. Online is defined as the use of the internet to conduct sales and the OST website. Social media is defined as websites and applications that enable users to create and share content or to participate in social networking. Any violation of this limitation will be subject to the consequences as set forth in Section 9.1 - Violation of Agreement.

 

SECTION 4 - CONFLICTS OF INTEREST 

4.1 - Nonsolicitation

While OST Representatives are free to engage in other direct selling programs or business ventures, during the term of this agreement, Representatives may not directly or indirectly Recruit other OST Representatives for any other direct selling or network marketing business.

4.2 - Representative Participation in Other Direct Selling Programs or Businesses.

Representatives are free to participate in other direct selling programs or businesses. However, Representatives are responsible for ensuring that his or her OST business is kept separate and apart from all other direct selling programs and/or businesses. OST requires all Representatives to adhere to the following:

Representatives may only sell, or attempt to sell, non-OST products to other OST Representatives that are not in direct or indirect competition with OST products. Products that are in the same generic category as OST products (including, but not limited to, jewelry) are considered to be in competition with OST products, regardless of differences in quality, cost or other distinguishing factors. 

Representatives may not sell, advertise or display competing products from other businesses alongside OST products or promotional materials.

Representatives may not promote the OST business opportunity in conjunction with any non-OST program, opportunity, product or service.

Representatives who offer any non-OST products, opportunities or services at an official OST event are considered attempts to sell non-OST products to OST Representatives, and are therefore, not allowed to do so. 

4.3 - Non-Stainless Steel Policy

OST Representatives may purchase inexpensive fashion jewelry from www.ooohshinythings.com and add them to their selection. These Non-Stainless Steel items are sold “AS IS” and are not eligible for refunds or exchanges unless the item has arrived defective or shipped in error.

If an OST Representative chooses to carry Non-Stainless Steel items, they must be purchased from the OST website only and they MUST include a disclaimer that clearly communicates the following either verbally or in writing:

        Non-Stainless Steel items are primarily costume jewelry, and are not by nature, made from stainless steel, titanium or tungsten

        Non-Stainless Steel items are considered final sale, and are therefore not eligible for refund or exchange.

In order to maintain the integrity of its products and reputation, OST requires Representatives to emphasize marketing regular OST products (stainless steel, titanium and tungsten), as opposed to emphasizing Non-Stainless Steel items.  For this reason, OST recommends that Representatives maintain an inventory consisting of at least 80% regular products, and no more than 20% Non-Stainless Steel items. When attending trade shows and/or home parties, it is the responsibility of the OST Representative to ensure that his/her display of Non-Stainless Steel consists of no more than 20% of the entire presentation space.

 

4.4 - Confidential Information

Representatives collect and receive Confidential Information from OST and their OST customers. Confidential Information includes, but is not limited to, the identities and contact information of customers and Representatives, and sales, ranks and achievement levels of OST Representatives. All such Confidential Information constitutes proprietary business trade secrets belonging to OST and is provided to Representatives for the sole purpose of growing and developing their OST business.

Confidential Information must be protected. Thusly, a Representative shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity:  Directly or indirectly disclose any Confidential Information to any third party; Directly or indirectly disclose the password or other access code to his or her OST website account to any third party; Use any Confidential Information to compete with OST; Use any Confidential Information for any purpose other than promoting his or her OST business; or Use any Confidential Information to recruit, solicit, or in any manner attempt to influence or induce any OST Representative to alter their business relationship with OST.

 

4.5 - Targeting the Sales Force of Other Direct Sellers

OST does not condone the recruitment, enticement, solicitation or the conscious targeting of members of a sales force of another direct sales company to violate the terms of their contracts, to become OST Representatives, or to sell OST products. Any Representative who engages in these actions, risks being sued by the other direct sales company, and is thereby solely responsible for any costs, legal fees, awards, judgments or settlements associated with a lawsuit, arbitration or mediation brought against the Representative.

Should the third party bring or threaten legal action against OST based on the conduct of the Representative, the Representative agrees that it shall indemnify OST for all judgments, settlements, payments of any other nature, litigation costs, and attorney’s fees that OST incurs in relation to such legal action or threat of legal action.

 

4.6 - Errors or Questions

Occasionally, a Representative may have questions about, or believe they have found errors regarding commissions, bonuses, enrollments, charges or genealogy lists. If so, the Representative must notify OST in writing within 60 days of the incident in question. OST is not responsible for any errors, omissions or problems not reported within 60 days.

If a Representative has found errors or inconsistencies on their order, they must provide the order receipt and contact OST within 24 hours of placing their order. Any orders received in error must be reported within 10 days of placing the order. OST will immediately evaluate the errors or inconsistencies and rectify the situation where necessary.

4.7 - Income Taxes

**Applicable to Canadian Representatives Only**
Each Representative is solely responsible for reporting any income generated as an Independent Representative to the Canada Revenue Agency, as well as paying all applicable taxes and deductions (such as Employment Insurance Premiums or Canada Pension Plan contributions) on income earned. OST is responsible for providing monthly documentation of total payment amounts, wholesale volume amounts and commissions payable to each Representative from OST. OST is not liable for, nor responsible for, the collection, withholding or payments of any applicable deductions (such as Employment Insurance premiums or Canada Pension Plan contributions) on any payments to OST Representatives.  OST is not obligated to give any income tax advice and suggests each OST representative to seek a professional tax specialist for assistance and advice in regards to their income taxes.

 

**Applicable to United States of America Representatives Only**
Each Representative is solely responsible for reporting any income generated as an Independent Representative to the Internal Revenue Service, as well as paying all applicable taxes and deductions on income earned. OST is responsible for providing monthly documentation of total payment amounts, wholesale volume amounts and commissions payable to each Representative from OST. OST is not liable for, nor responsible for, the collection, withholding or payments of any applicable deductions on any payments to OST Representatives.  OST is not obligated to give any income tax advice and suggests each OST representative to seek a professional tax specialist for assistance and advice in regards to their income taxes.

4.8 - Insurance

Your OST business property is not protected by a homeowner’s insurance policy. As such, Representatives may want to arrange for insurance coverage to protect against business-related injuries, and/or the theft of, or damage to inventory or business equipment.

4.9 - Marketing Territory

Representatives will not be granted exclusive territory restrictions. OST is currently only authorized to conduct direct sales within the Canadian Provinces of British Columbia, Alberta, Manitoba and Ontario and all USA States and as such, Representatives are only authorized to direct sell OST products and enroll Representatives within the Canadian Provinces of British Columbia, Alberta, Manitoba and Ontario and all USA States.  In addition, no Representative may, outside of the Canadian Provinces of British Columbia, Alberta, Manitoba and Ontario and all USA States: (a) conduct sales in person, enrollment or training meetings in person; or (b) conduct any other activity in person for the purpose of selling OST products, establishing a Marketing Organization, or promoting the OST opportunity. As more provinces and areas are available to direct sell in, OST will inform all Representatives individually via email, social media and on the official website.

4.10 - Adherence to Laws and Ordinances

OST Representatives are responsible for understanding and remaining compliant to all federal, provincial, state, county, territorial and local laws and regulations while operating their independent businesses.

4.11 - One OST Business Per Representative

Representatives may only operate, have ownership interest in or receive compensation from one OST business. Individuals who are living at or conducting business at the same address, and who are related by blood, marriage, domestic partnership, or adoption, may not operate, have ownership interest in or receive compensation from more than one OST business.

4.12 - Sale, Transfer or Assignment of an Independent OST Business Prohibited

The Representative Agreement entered into between OST and each Representative is a contract for personal services.  As such, Representatives may not sell, assign or transfer their independent OST businesses and may not assign the Representative Agreement or delegate any duties thereunder. 

 

 

SECTION 5 - RECRUITING AND TRAINING

5.1 - Assisting New Representatives with Forms

A Representative must never fill out an online application and agreement on behalf of an applicant; nor may a Representative agree to the Representative Application and Agreement on behalf of an applicant. Representatives are permitted to assist the new applicant with the process, but the applicant must personally review and agree to the online Representative Application and Agreement, OST Policies and Procedures and the OST Compensation Plan.

5.2 - Providing Documentation to Applicants

Before an applicant signs a Representative Agreement, it is the responsibility of the sponsoring Representative to provide to the Recruit (or ensure the Recruit has online access to) the most current version of the Policies and Procedures and the Compensation Plan.

5.3 - Telemarketing Techniques  

Provincial, state, county, territorial and federal government regulations broadly define the terms “telemarketer” and “telemarketing”. All Representatives must understand their role in this act because violations of the laws carry significant penalties. Therefore it is paramount that all Representatives conform to the following guidelines while operating their OST businesses:

Representatives must not engage in telemarketing in the operation of their OST businesses.  The term “telemarketing” means using telecommunications facilities, including telephones or fax machines, to make unsolicited telecommunications for the purpose of solicitation. Prohibited telemarketing will include the placing of one or more telephone calls or fax messages to an individual or entity to induce the purchase of an OST product, or to recruit them for the OST opportunity. 

“Cold calls" made to prospective customers or Representatives that promote either OST products or the OST opportunity constitute telemarketing and are prohibited.  However, a telephone call(s) placed to a prospective customer or Representative (a "prospect") is permissible only if it is in response to a prospect’s personal inquiry or application regarding a product or service offered by the Representative, within the three (3) months immediately preceding the date of such a call.

OST strongly discourages the practice of “card collecting”, whereby the Representative collects information from everyone he or she meets and subsequently contacts them. Regulatory agencies may consider this a form of telemarketing.

Representatives may not use automatic telephone dialing systems or software; nor may they place or initiate any outbound telephone call to any person that delivers a pre-recorded message relative to the OST products or OST opportunity. 

OST strongly recommends that all Representatives thoroughly understand the difference between appropriate and inappropriate fax and telephone contact with customers, lest the Representative violate the telemarketing laws.

5.4 - Change of Contact Information

OST requires all Representatives to keep their contact information files current in order to ensure timely delivery of products and documents. If a Representative will require a change of shipping address or any other contact information change (i.e., moving or change of name after marriage or divorce), the Representative must give two weeks advance notice to OST on all changes.

5.5 - Ongoing Training

Representatives who sponsor another Representative for the OST Opportunity are responsible for the motivation and training of the new Representative in OST Policies and Procedures, OST product knowledge, effective sales techniques, and the OST Compensation Plan. Sponsoring Representatives must establish and maintain ongoing contact and communication with the other Representatives in their Marketing Organizations. “Marketing Organizations" refers to the team of Representatives that includes the Representative, the Representative who sponsored them for OST ("Upline"), and any sponsored Representatives ("Downline"). Upon request, a Representative shall submit to OST documented evidence of the ongoing training and support that he or she is providing.

Representatives should monitor the Representatives in their Marketing Organizations to ensure no Representatives are violating the Agreement or Policies and Procedures of OST.  If a Representative becomes aware that a Representative in his or her Marketing Organization is violating the Agreement, either willfully or due to ignorance, the Upline Representative shall make every effort to educate, inform and bring the Downline Representative into compliance. If the Representative has exhausted all efforts to bring the Downline Representative into compliance, the Representative should report this non-compliance to the Company.

Disciplinary action may be taken against an upline Representative if OST finds that the upline Representative is failing to provide adequate training and communications with the other Representatives within his or her Marketing Organization.

5.6 - Change of Sponsor

OST normally prohibits changes in sponsorship. The transfer of an OST business from one Sponsor to another is only permitted in cases in which the new Representative signed up under the official OST website, or if the Representative has irreconcilable differences with their original Sponsor. All Requests for change of sponsorship will be evaluated on a case-by-case basis and OST reserves the right to deny or allow any change of sponsorship request.

In the event that the Representative signed up under the official OST website, the Representative may request to be transferred to another Sponsor with his or her entire Market Organization intact. Requests for transfer under this policy must be submitted to the Representative Services Department within three (3) days of enrollment. It is the responsibility of the Representative requesting the change to prove that he or she was placed beneath the wrong sponsor.

In the event that a Representative has irreconcilable differences with his or her Sponsor, the Representative may request to be transferred to another Sponsor. The individual making the request is responsible for proving that he or she has done due diligence to maintain a positive working relationship with their Sponsor or Representative. All parties involved must agree to this change of sponsorship.

5.7 - Cancellation and Re-application

Notwithstanding the foregoing, a Representative may legitimately change organizations by voluntarily canceling his or her OST business and remaining inactive (i.e., no purchases of OST products for resale, no sales of OST products, no sponsoring, no attendance at any OST functions, no participation in any other form of Representative activity, no operation of any other OST business, and no income from the OST business) for three (3) full calendar months.  Following the three month period of inactivity, the former Representative may reapply under a new Sponsor, however, the former Representative’s Marketing Organization will remain in the original line of sponsorship.  OST will consider waiving the three month waiting period under exceptional circumstances.  Such requests for waiver must be submitted to OST in writing.

5.8 - Product Claims

Representatives must not make any false or misleading claims about OST products. This includes, but is not limited to, claims or testimonials about OST products that are not contained within official OST literature or posted on OST’s official website. Representatives must never state or imply that any OST product is useful in the diagnosis, treatment, cure, or prevention of any disease, illness, injury or other medical condition.

 

 

5.9 - Compensation Plan Claims

Under no circumstances shall Representatives make false or misleading claims regarding the OST business opportunity when presenting or discussing the OST Compensation Plan. Representatives must clearly communicate to prospective Representatives that commitment, effort and sales skills are necessary to be financially successful with OST. Examples of misrepresentations in this area include, but are not limited to statements such as:

                “It’s a turnkey system”;

“The system (or the Company) will do the work for you”;

“Just get in and your downline will build through spillover”;

“Just join and I will build your downline for you”;

“You don’t have to sell anything”; or

“All you have to do is buy your products every month”.

5.10 - Income Claims

When discussing or presenting the OST business opportunity or Compensation Plan, a Representative is never permitted to make any income claims or income projections. The Representative must explain that the amount of income earned is solely reflective of the sales made by each individual.

5.11 - Signage

Signage should always be affixed or displayed in a way that would be considered temporary. For example; affixing a sticker to a mobile object during a home party, open house or other OST-approved event. Permanent signage is not allowed because signage that is permanently installed, or affixed to a stationary object (such as yard signs or any signs applied to the window or door of a personal residence) implies a permanent retail establishment and may be in violation of municipal licensing and zoning bylaws.

 

SECTION 6 - SALES

6.1 - Product Sales

In order to receive maximum compensation, OST requires Representatives to fulfill retail sales requirements as set forth in the Compensation Plan literature.  OST strongly discourages the practice of “Inventory Loading”, whereby an individual purchases unreasonable amounts of stock to sell at a later date. OST encourages representatives to purchase only the amount of inventory that can be reasonably sold in a short amount of time.

6.2 - Product Pricing / Price Advertising

OST Representatives are independent contractors, and as such, Representatives may establish their own pricing for reselling OST products. OST sets out specific pricing guidelines for all products and recommends that that all Representatives adhere to the Suggested Retail Price for all products. Representatives are responsible for adhering to any local pricing laws.

6.3 - Sales Receipts

Representatives must keep a copy for themselves and provide their retail customers with a copy of an official OST sales receipt at the point of sale and inform the buyer of their cancellation rights. Any purchases made via a Representative’s Replicated Website will receive an automated email receipt from OST at the time of purchase. All official OST receipts are specific to certain provinces and/or territories and present the consumer protection rights afforded by federal, provincial or territorial law.

6.4 - Sales Taxes 

**Applicable to Canadian Representatives Only**
OST will collect the appropriate federal, provincial and territorial sales taxes from Representatives on the suggested retail amount and remit the appropriate amounts to the Canada Revenue Agency, with the exception of Quebec. Representatives are responsible for collecting appropriate federal, provincial and territorial sales taxes at every point of sale.

**Applicable to United States of America Only**
USA reps are responsible for submitting and remitting any applicable state and federal taxes  to the appropriate state and federal agencies.

6.5 - Shipping Schedule

Products are normally shipped within 2-3 business days from the date on which the order is received. Changes made to an order (including combining orders to save on shipping costs) must be made within 24 hours of original order placement. Orders are not processed or shipped on Saturday or Sunday. Orders are shipped via Canada Post or Express Post and arrival times will be subject to their shipping schedules.

6.5.1 - Shipping Across the Border

Any applicable duties and taxes are the responsibility of the recipient and will be due upon delivery. Fees vary from location to location and OST is unable to estimate the amount that may be due. We strongly suggest you check with your local post office or government agency to determine the amount of customs fees, duties and/or taxes that may be due. International shipments refused upon delivery for any reason will be refunded less customs, duty and return fees.

6.6 - Handling Personal and Confidential Information

Representatives are solely responsible for adherence with Canada’s privacy laws regarding personal and confidential information. Any Personal Information a Representative receives or collects from customers and other Representatives must be kept secure and confidential. Any information that identifies, or permits you to identify an individual is considered Personal Information. Personal information includes, but is not limited to the name, address, email address, phone number, credit card information, purchase history, or other information belonging to a customer, a potential customer, a Representative, or a potential Representative.

When collecting Personal Information from an individual, Representatives must adhere to the following:

        You must obtain the individual’s informed consent before you collect the information. In order to obtain informed consent, you must tell the customer or individual what you plan to use their information for, what information you need, with whom you will share the information, and the purpose of sharing their information. Keep all Personal Information confidential and share information only in situations where you have a legitimate business reason to do so.

        You may only collect the Personal Information that you need. (For example, you may only collect a credit or debit card number if a purchase is being made.)

        Allow the customer to choose what form of communication you may use to contact them.

        Familiarize yourself with Canada’s Anti-Spam laws at http://fightspam.ca and adhere to the laws at all times.

        Familiarize yourself with US State Anti-Spam laws at http://www.spamlaws.com/state/index.shtml and adhere to the laws at all times.

        Ensure contact information is kept up-to-date.

        Personal Information regarding OST staff, other Representatives, or prospective Representatives, must be kept confidential.

        Protect Personal Information from unauthorized access or disclosure by transmitting and storing it in a secure manner.

        When Personal Information is no longer needed, dispose of it in a secure manner. (For example, shredding paper documents, or deleting electronic files.) Do not keep the information for any longer than you need it.



SECTION 7 - BONUSES AND COMMISSIONS

7.1 - Bonus and Commission Qualifications

As outlined in the Compensation Plan, OST shall pay commissions to Representatives that are active and remain in compliance with the terms of the Agreement.

7.2 - Adjustments for Returned Products

Bonuses and commissions are paid out to Representatives based on actual sales of products and services to OST customers. In the event that a product is returned to OST for a refund, or a buyer institutes a credit card chargeback, adjustments to bonus and commission pay-outs must be made. The Company will make every effort to ensure that all adjustments are made as soon as possible. At the Company’s discretion, either of the following may occur: (1) the bonuses and commissions attributable to the returned or repurchased product that were paid to the selling Representative and any upline Representatives will be deducted in the month in which the refund is given, and continuing every pay period thereafter until the bonuses and commissions are recovered; and/or (2) the bonuses and commissions attributable to the refunded product may be deducted from any refunds or credits to the Representative(s) who received the bonuses or commissions on the sales of the refunded product.

7.3 – Currency for Bonuses and Commissions

All bonuses and commissions are paid in Canadian Funds.

 

 

SECTION 8 – ORDER CANCELLATION AND RETURN POLICY

 

8.1 - Order Cancellation

 

Every official OST sales receipt includes the applicable direct sales agreements cancellation rights. OST Representatives shall provide their customers with a copy of the retail receipt, point out the location of and verbally explain the cancellation rights as stated on the receipt.

 

8.2 – Return Policy

 

If you are not fully satisfied with your purchase, please contact us. Due to hygienic reasons, we cannot accept returns of worn products, any earrings or body jewelry. However, we may be able to offer exchange, store credit or refund on products that are defective or have been shipped in error.  Defects or shipping errors must be reported to our return department within ten (10) days of purchase. If product has been determined to be defective or shipped in error, a refund or store credit will be offered in the amount of your original purchase. Shipping and handling charges may apply.

To return product that is not defective or shipped in error, please contact us within ten (10) days of purchase. Unworn product, deemed to be in saleable condition (refer to section 8.3 paragraph 3), may be returned within thirty (30) days of purchase. When returning an item that is not defective or shipped in error, OST representatives and customers will be given a store credit at a rate of 90% of the original product purchase price to cover costs associated with restocking. Shipping and handling charges from the original purchase will be not be refunded.  

You must have your original order receipt in order to process any return or exchange. Please contact us to make arrangements for your return or exchange.

Products shipped directly to the customer by the Company must be returned to the Company and a refund or store credit will be issued to the customer by the Company.  Products delivered to the customer by an OST Representative must be returned to the selling OST Representative, and it shall be the responsibility of the OST Representative to contact the company for the refund or store credit and then issue the refund or store credit to his/her customer. If restocking fees are applicable then it will be applied to the refund or store credit of the individual who made the original purchase.

This product guarantee does not apply to products damaged by abuse or misuse, and shipping costs are not refundable.  Product returned as defective product may be subject to additional testing and investigation by OST to determine whether in fact the product is defective or was abused or misused. OST reserves the right to refuse a refund if a product is not defective or was abused or misused.

OST Representatives shall disclose the terms of the warranty to his/her customers at the time of sale and shall also point out this warranty information on the sales receipt and product literature.

OST reserves the right to terminate the Representative Agreement without advance notice if in its sole discretion OST determines the OST Representative is abusing this return policy.

 

8.3 – BuyBack Guarantee

 

 Upon cancellation of an OST Representative’s Agreement, the OST Representative may return his or her merchandise that he or she personally purchased from OST (purchases from other OST Representatives or third parties are not subject to refund) that are in Resalable condition (see Definition of “Resalable” below) so long as the products were purchased from OST within 12 months prior to cancellation.

 

 Upon receipt of resalable merchandise, the OST Representative will be reimbursed 90% of the net cost of the original purchase price(s).  Shipping and handling charges for return shipping fees will be not be refunded.  If the purchases were made through a credit card, the refund will be credited back to the same account.  If an OST Representative was paid a bonus or commission based on a product(s) that he or she purchased, and such product(s) is subsequently returned for a refund, the bonus and/or commission that was paid to the OST Representative based on that product purchase will be deducted from the amount of the refund.

 

Merchandise is deemed “Resalable” if each of the following elements are satisfied: 1) they are

unopened and unused; 2) packaging and labeling has not been altered or damaged; and 3) they are returned to OST within 12 months from the date of purchase.   Any merchandise that is discontinued or announced as being discontinued, or were sold as seasonal, promotional or discounted items are not considered Resalable items and are not eligible for Buy Back.

 

8.4 - Procedures for All Returns

 

The following procedures apply to all returns for refund, repurchase, or exchange: All merchandise must be returned by the OST Representative or customer who purchased it directly from OST.

 

All products to be returned must have a Return Form which is obtained by emailing a request for a Return Form to [email protected] This Return Form must be included in each carton returned. Returns will not be processed if the return form is not included in the return carton.  

 

The return is to be accompanied by a copy of the order receipt, a completed and signed Product Return Form, and the unused product.

 

Proper shipping carton(s) and packing materials are to be used in packaging the product(s) being

returned, and the best and most economical means of shipping is suggested.  All

returns must be shipped to OST shipping pre-paid.  OST does not accept shipping-collect packages.  The risk of loss in shipping for returned product shall be on the OST Representative or the customer. To prevent loss of shipping it is recommended to purchase tracking on the package.

 

If returned product is not received by the Company’s Distribution Center, it is the responsibility of the OST Representative or customer to trace the shipment.

 

If an OST Representative is returning merchandise to OST that was returned to him or her by a personal retail customer, the product must be received by OST within seven (7) days from the date on which the retail customer returned the merchandise to the OST Representative, and must be accompanied by the sales receipt the OST Representative gave to the customer at the time of the sale.

 

No refund or replacement of product will be made if the conditions of these rules are not met.

 

SECTION 9 – VIOLATION OF AGREEMENT AND CORRECTIVE MEASURES


9.1 - Violation of Agreement


Violation of this agreement and misconduct will be met with a written and/or verbal warning, or in exceptional circumstances, immediate termination of the Representative Agreement. If the Representative continues to violate the policies set forth in this agreement, his or her business may be suspended or terminated at the discretion of OST. Each case will be investigated and dealt with accordingly. In the event of a suspension, OST may withhold from the Representative all or part of the bonuses and commissions while the company is investigating any potential or alleged misconduct. If your business is terminated for corrective measures, the Representative will not be entitled to any bonuses or commissions withheld during the investigation time period.

9.2 – Grievances with Other OST Representatives

When a Representative has a grievance or complaint with another Representative regarding any practice or conduct in relationship to their respective OST businesses, the complaining Representative should first report the problem to his or her Sponsor who should review the matter and try to resolve it with the other party's Sponsor.  If the matter involves interpretation or violation of Company policy, it must be reported in writing to OST.  OST will review the facts and resolve the issue in its sole discretion.

 

SECTION 10 - GENERAL

10.1 – General

The laws of the Canadian Provinces of Ontario, Manitoba, Alberta and British Columbia; OR any of the states in the United States of America shall govern the Representative Agreement, OST Policies, and Compensation Plan, and any conflict that arises from any of the same.

OST reserves the sole right to modify or amend the terms of the OST Policies and Compensation Plan.  No such change shall have any force or effect until notice of the same is provided in writing to the Representative.