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.