Independent Sales Representative Contract Terms and Conditions
I. As an Independent Sales Representative for Avon, I agree to the following:
A. To promote the sale of Avon products actively, to honor the Avon tradition of integrity and personal service, and to honor the Avon Guarantee promptly and at no charge to the Customer. To make no statements, claims or representations, or do any act that would impair the name, reputation or goodwill of Avon.
B. To sell only to consumers and not to sell Avon products for resale to or through third parties, any business entity or any type of retail establishment or any Web site or any online auction (e.g., eBay) unless authorized by Avon in writing. I understand that the Avon Personal Web Page (“PWP”) program is the only way I can promote my Avon business online. I will not utilize Avon’s trademarks or copyright protected material in the promotion and sale of Avon’s products or the business opportunity online other than through my Avon Personal Web Page. I will not use or register, and do not currently own, any domain names, keywords or metatags that include, in whole or in part, any of Avon’s trademarks including, without limitation, the name AVON, and I hereby consent to transfer to Avon any such domain names. I will not send unsolicited e-mails (also called “SPAM”) to promote Avon’s products or the business opportunity.
C. To provide product orders and to pay Avon for such orders on time and to collect sales tax on consumer sales. In addition to any amounts that I owe to Avon, I will be responsible for payment of all fees assessed to my account by Avon and for Avon’s collection costs, attorney fees, expenses and court costs incurred by Avon in collecting all such amounts. I understand that any amounts previously owed by me to Avon prior to signing this agreement, if any, shall be immediately payable to Avon. I understand that a shipment may not be made on credit if the amount owed for a previous order is not paid when due. In its sole discretion, Avon may request a deposit or down payment from me prior to the extension of credit.
D. To recognize that I am an Independent Sales Representative and have no power or authority to incur any debt, obligation or liability, or make any promise or Contract on behalf of Avon. I understand that I will not be treated as an employee with respect to federal, state or local tax purposes, and I am responsible for paying my own income and self-employment taxes.
E. To abide by the collective Avon policies, procedures and guidelines, as well as any future amendments thereto (collectively, the “Avon Policies”).
F. To pay an appointment fee for the privilege of selling Avon.
G. Either party may terminate this Contract, with or without cause, at any time.
H. To the extent permitted by law, I agree not to act as a representative or a private attorney general, or in any other representative capacity, and/or participate as a member of a class of claimants in any lawsuit against Avon brought in state or federal court, or in arbitration, with respect to any claims arising under this agreement or with respect to my relationship with Avon. I understand that this waiver shall survive the termination of this Agreement and my removal as an Avon Independent Sales Representative.
I. By executing this Contract, I agree that any claim or lawsuit relating to this Contract, the Avon Policies or my service as an Avon Independent Sales Representative must be filed within six (6) months of the conduct or action giving rise to such claim or lawsuit. I hereby waive any statute of limitations providing for a longer period in which to file a claim or lawsuit.
J. As an Independent Sales Representative for Avon who buys and sells Avon products for resale through my own business, Avon and I must routinely communicate with each other via U.S. mail, telephone and other means (1) to receive account or order information, (2) to process orders, (3) to make or arrange payments, (4) to receive information about available products and promotions, and (5) for other business purposes. Regardless of any listing on a federal or state Do Not Call registry, I specifically authorize Avon to call the residential, business or cell phone numbers that I have provided on the front page of this Contract using an agent, pre-recorded messages, automated dialers or any other method that Avon may choose to use from time to time. I request that any new or additional telephone numbers that I furnish to Avon be incorporated by reference into this authorization. I can revoke these authorizations by contacting Avon at 513-551-2866 or the Contact Us link at www.yourAVON.com.
II. Other Provisions
A. This Contract shall be effective on the date it is received at the appropriate Avon Branch and shall supersede any Contract previously made between me and Avon. This Contract may not be transferred or otherwise assigned without the prior written consent of the Avon Legal Department.
B. All orders are subject to acceptance by Avon.
C. Avon reserves the right to discontinue products or to change prices at any time. Avon reserves the right to change discount schedules or incentive programs upon ten (10) days prior written notice.
D. I hereby grant authorization to Avon Products, Inc., at any time, to investigate my background, character and credit-standing and agree to provide any information requested by Avon for the purpose of determining whether I should be appointed as an Avon Independent Sales Representative and receive credit in accordance with the terms and conditions contained in this document. I also grant Avon permission to request a report from consumer reporting or other agencies in considering this application and subsequently for the purpose of an update, renewal or extension of credit, or reviewing or collecting my account. Upon my request, Avon will inform me of the name and address of each consumer reporting or other agency from which Avon obtained a report, if any, relating to me. Avon reserves the right to deny or limit the amount of credit it extends to its Independent Sales Representatives. I agree that any extension of credit by Avon to me shall be for business or commercial purposes.
E. By checking “Y” under Publicity Release on the front of this Contract Card, I give my consent for Avon to publicize in any medium my name, photo, performance statistics and statements, without payment, for any Avon-related purposes, including recognition of any sales, recruiting or motivation success I achieve.
F. By checking “Y” under Preferred Preview on the front of this Contract Card, I hereby agree to participate in Avon’s Preferred Preview program. By participating in this program, I understand that approximately one (1) to four (4) times a year, on an ongoing basis, Avon will notify me with a letter in my order about a new product or sales tool and its cost and will give me ten (10) days to call Avon at a specified telephone number to reject the product if I do not want it. If I do not call Avon by the date specified on the form, I understand that Avon will ship the product to me and will invoice me for its cost. I understand that if Avon ever gives me less than ten (10) days to call and reject the product, I can return the product for a full refund, at Avon’s expense. The products offered through this program will generally cost between $1 and $50. I understand that I may cancel my participation in this program at any time by e-mailing Avon from the “contact us” link located at www.yourAVON.com or by calling Avon at 513-551-2866.
G. For residents of Alaska, Hawaii and Guam only: to pay Avon applicable shipping fees. All locations charge shipping fees for immediate shipment of additional orders.
H. Within six (6) months after the termination of my relationship with Avon, Avon will repurchase on reasonable commercial terms, current marketable inventory that I have purchased for resale within the twelve (12) months prior to the termination of my relationship with Avon as an Avon Independent Sales Representative.
I. If any provision of this Contract or of any of the Avon Policies shall, to any extent, be held invalid, illegal or unenforceable, in whole or in part, the validity, legality and enforceability of the remaining parts of this Contract and of the Avon Policies shall not be affected thereby.
J. This Agreement shall be construed and governed by the laws of the State of New York, without giving effect to principles of conflicts of law.
K. You acknowledge and agree that your Personal Information will be collected by Avon Products, Inc. and will be used to: fulfill the terms of this Agreement, support and better understand the business of our Independent Sales Representatives, make special offers, promotions and send you information about our products and business opportunities. You consent to your Personal Information being used by Avon and its affiliated companies, third party service providers, and Representatives in our Sales Leadership program. You acknowledge and agree that such use will occur globally, including in countries where data protection laws may differ from those of your home country. Please find our Privacy Statement at www.yourAvon.com for more information about our privacy and data protection practices. If you wish to update, change or delete any of your Personal Information you may go to your profile online at yourAVON.com or contact Avon Customer Care. If you wish to opt out of receiving marketing from Avon, you may click the link provided at the bottom of the communication or contact Avon Customer Care.
III. Specific Leadership Provisions
A. If I desire to participate in the Leadership Opportunity, effective immediately with my first direct recruit, I accept the provisions of Leadership as follows and agree to abide by the Avon Polices, as well as any amendments thereto which can be found at www.yourAVON.com or by calling Avon at 513-551-2866.
B. I understand that the percentage of my Leadership Bonus will vary based on my achievement and the performance of my individual recruits and/or unit.
C. The Leadership Opportunity, including qualifications, method of payment for order, sales earnings plan and Leadership Bonuses, may be modified or changed at the sole discretion of Avon upon prior written notice to all participants.
D. Participation in Leadership may be terminated by either party at any time for any or no reason. All signatures to this Contract must be affixed personally. Applicants must be of legal age in their state of residence.