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:
Be at least 18 years of age (if under age 18,
must have a parent or guardian as a co-applicant);
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.
Submit an accurate and complete Representative
Registration and Agreement to OST. (Representative Registration must be
OST reserves the
right to accept or reject any Representative Application and Agreement for any
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.
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
Participate in the OST Compensation Plan, if eligible;
other individuals as Representatives into the OST business;
periodic literature and communications from OST;
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
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
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
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;
Oooh! Shiny Things Independent Representative
Example: Jane Smith-Blythe
Oooh! Shiny Things Independent Representative
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.
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:
Consent: You must
have a form of valid consent.
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.
mechanism: Provide an unsubscribe
mechanism that is functional
for 60 days.
advertising: Your messages must not be false or misleading. They must not have
false or misleading sender information, subject matter information, URLs and/or
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
must provide OST with email addresses obtained through their express consent
mechanism, along with a record of the consent.
2.4 - Telephone
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
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
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
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
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
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
3.6 - Digital Media
Submission (YouTube, Facebook, Twitter, Pinterest, Instagram, etc.)
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
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
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.
Representative Participation in Other Direct Selling Programs or Businesses.
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:
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.
not sell, advertise or display competing products from other businesses
alongside OST products or promotional materials.
not promote the OST business opportunity in conjunction with any non-OST
program, opportunity, product or service.
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
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
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
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
4.6 - Errors or
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
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.
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
4.9 - Marketing
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
4.10 - Adherence to
Laws and Ordinances
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
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
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
5.3 - Telemarketing
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:
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.
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.
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.
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
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
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
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
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
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
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 twelve (12) full calendar months. Following
the twelve 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 twelve month waiting period under exceptional circumstances.
Such requests for waiver must be submitted to OST in writing.
5.8 - Product
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
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
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
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 -
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
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
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
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.
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
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 Across the Border
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
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
Personal Information from an individual, Representatives must adhere to the
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
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
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
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.
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
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.
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
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.
is deemed “Resalable” if each of the following elements are satisfied: 1) they
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.
Procedures for All Returns
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.
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.
is to be accompanied by a copy of the order receipt, a completed and signed
Product Return Form, and the unused product.
shipping carton(s) and packing materials are to be used in packaging the
and the best and most economical means of shipping is suggested. All
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.
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.
or replacement of product will be made if the conditions of these rules are not
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
SECTION 10 -
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.
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.