1. Policies and Compensation Plan Incorporated into Artist Agreement; Amendments
These Policies and Procedures, in their present form and as amended at the sole discretion of Make Up Factory US (hereafter “Make Up Factory US” or the “Company”), are incorporated into the Make Up Factory US Independent Artist Agreement. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Make Up Factory US Independent Artist Agreement, the Policies and Procedures, the Make Up Factory US (the Business Entity Addendum is only applicable to Artists who enroll as a business entity). Independent Artists shall be referred to herein as “Artists.” The Company reserves the right to amend the Agreement at its discretion. Amendments shall be effective 30 days after notice and publication of the amended provisions here, on the site. This provision DOES NOT apply to the dispute resolution clause contained herein, which can only be modified by way of mutual consent by you and the Company.
2. Policies and Provisions Severable
If any provision of the Agreement, in its current form or as amended, is held void or unenforceable, only the void or unenforceable portion(s) of the provision shall be severed from the Agreement and the remaining provisions shall remain in effect. The severed provision shall be reformed so that it is in compliance with the law and reflects the purpose of the original provision as closely as possible.
3. Becoming a Make Up Factory US; Rights of an Artist, & Term and Renewal of Your Make Up Factory US Business
To become a Make Up Factory US, you must: (i) be the age of majority (and not a minor) in your state of residence; (ii) reside or have a valid address in the United States; (iii) have a valid taxpayer identification number (i.e., Social Security Number, etc.); submit a properly completed Independent Artist Agreement, and purchase a Basic Artist Kit or a Pro Artist Kit at the time of enrollment.
Each Artist is required to provide his or her tax identification number (i.e., Social Security Number/Social Insurance Number), or Federal Tax Identification Number, if located in the United States, Canada or any of their territories, to Make Up Factory US at the time of enrollment. The Company reserves the right to request additional forms of identification at any time, if it deems the account may be involved in any activity that would otherwise be deemed unethical. Make Up Factory US reserves the right to withhold commission payments from any Rep who fails to provide such information or who provides false information.
Artists for Make Up Factory US:
- Have the right to sell, and solicit orders for, Make Up Factory US products in accordance with these Policies. It is within the exclusive right of Make Up Factory US to accept or reject orders submitted by Artists;
- Have the right to enroll others as Make Up Factory US Artists;
- If qualified, have the right to earn commissions pursuant to the Make Up Factory US Compensation Plan.
The term of this Agreement is month-to-month. It automatically renews for an additional month upon the Artist’s payment of his/her Make Up Factory US replicated website fee. An Artist’s failure to pay his/her replicated website fee will result in the suspension of his/her Make Up Factory US business until the fee is paid.
4. Independent Business Relationship
You as a Make Up Factory US are an independent contractor, and not a purchaser of a franchise or business opportunity. As such, your success entirely depends upon your own independent efforts. Furthermore, this Agreement between you and the Company does not create an employer/employee relationship, agency, partnership, or joint venture between parties. ARTISTS SHALL NOT BE TREATED AS A Make Up Factory US EMPLOYEE FOR FEDERAL OR STATE TAX PURPOSES. If all unpaid fees are not paid within three (3) months the Artist’s business will be cancelled. An Artist has no express or implied authority to bind the Company to any obligation or to make any commitments by or on behalf of Make Up Factory US. Each Artist, whether acting as management of a business entity or in the sole capacity as an individual, shall establish his/her own goals, hours, and methods of operation and sale(s), so long as he/she complies with the terms of the Independent Artist Agreement, these Policies, and all applicable state and federal laws.
5. Compliance With the Law
Artists must not engage in any act or omission that constitutes a violation of the law. Furthermore, Artists shall comply with all federal, state and local laws and regulations in conducting their Make Up Factory US business. Some cities and counties have laws regulating certain home-based businesses. In most instances, these ordinances do not apply to Artists because of the nature of the Make Up Factory US business. However, you should check your local laws and obey any laws that may apply.
6. General Conduct
Artists shall safeguard and promote the good reputation of Make Up Factory US and its products, and must avoid all deceptive, misleading, unethical or immoral conduct or practices, and must exhibit high moral character in their personal and professional conduct. Artists shall not engage in any conduct that may damage the Company’s goodwill or reputation. While it is impossible to specify all misconduct that would be contrary to this policy, and the following list is not a limitation on the standards of conduct to which Artists must adhere pursuant to this policy, the following standards specifically apply to Artists’ activities:
- Artists must identify themselves as an independent Make Up Factory US Artist in all advertising, telephone directory listings, promotional material, social media postings, websites, and other forums in which they promote Make Up Factory US’s products, services and/or the Make Up Factory US business. Artists are responsible for the content of all material that they produce and all of their postings on any social media site, as well as all posting on any social media site that they own, operate, or control.
- Deceptive conduct is always prohibited. Artists must ensure that their statements are truthful, fair, accurate, and are not misleading in any fashion;
- Artists may not make any social media postings, or link to or from any postings or other material that is sexually explicit, obscene, pornographic, offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise), is graphically violent, is solicitous of any unlawful behavior, that engages in personal attacks on any individual, group, or entity, or is in violation of any intellectual property rights of the Company or any third party. Moreover, Artists may not use or actively be under the influence of any controlled substance.
- If an Artist’s Make Up Factory US business is cancelled for any reason, the Artist must discontinue using the Make Up Factory US name, and all other Make Up Factory US intellectual property, and all derivatives of such intellectual property, in postings on all Social Media, websites, or other promotional material.
- Artists may not represent or imply that any state or federal government official, agency, or body has approved or endorses Make Up Factory US, its program, or products.
- Artists must not engage in any illegal, fraudulent, deceptive, or manipulative conduct in the course of their business or their personal lives that, in the Company’s sole discretion, could damage the Company’s reputation or the culture that exists within the field sales force.
Please note that Make Up Factory US will confine its involvement to disputes regarding Make Up Factory US business-related matters only. The Company will not decide issues that involve personality conflicts or unprofessional conduct by or between Artists outside the context of a Make Up Factory US Artist business. These issues go beyond the scope of the Company and may not be used to justify a Sponsor change.
7. Social Media
In addition to meeting all other requirements specified in these Policies, should an Artist utilize any form of social media, including but not limited to blogs, Facebook, Twitter, Linkedin, YouTube, or Pinterest, the Artist agrees to each of the following:
- No product sales or enrollments may occur on any social media site. To generate sales, a social media site must link only to the Artist’s Make Up Factory US replicated website, Make Up Factory US’s corporate website or an official Make Up Factory US corporate social media page.
- An Artist agrees to refrain from using Make Up Factory US or any other company trademarks in social media handles or on their own independent websites.
- Any social media site that is directly or indirectly operated or controlled by an Artist that is used to discuss or promote Make Up Factory US’s products, or the Make Up Factory US opportunity may not link to any website, social media site, or site of any other nature that discusses the business opportunities and/or recruitment of any direct selling company other than the Artist’s Make Up Factory US replicated website.
- During the term of this Agreement an Artist may not use any social media site on which they discuss or promote, or have discussed or promoted, the Make Up Factory US business or Make Up Factory US’s products to directly or indirectly solicit Make Up Factory US Artists for another direct selling or network marketing program (collectively, “Direct Selling”). In furtherance of this provision, an Artist shall not take any action that may reasonably be foreseen to result in drawing an inquiry from other Artists relating to the Artist’s other Direct Selling business activities.
- An Artist may post or “pin” photographs of Make Up Factory US products on a social media site, but only photos that are made available or approved by Make Up Factory US.
- If an Artist creates a business profile page on any social media site that promotes or relates to Make Up Factory US, its products, or opportunity, the business profile page must relate exclusively to the Artist’s Make Up Factory US business and Make Up Factory US products. If the Artist’s Make Up Factory US business is cancelled for any reason or if the Artist becomes inactive, the Artist must deactivate the business profile page.
8. Online Advertisements and Search Engine Marketing (SEO)
Artists may not use paid search engine marketing (such as Google AdWords). To avoid brand confusion and to protect brand reputation, and in fairness to all, Artists are not permitted to purchase advertisements on other websites or social media platforms that resemble Make Up Factory US Corporate advertisements or could reasonably mislead customers to believe it is Make Up Factory US sponsored advertising. Other forms of purchased media, such as boosted ads, are allowed as long as they promote an Artist’s business and are in accordance with Make Up Factory US social media and content guidelines. The social media ad or boosted post cannot include a link to information concerning an Artist’s party. This policy is to ensure fairness across the Make Up Factory US sales organization so as to allow consumers a clear understanding of who they choose to purchase products from.
Artists agree to cooperate fully with Make Up Factory US in this area so that Search Engines list the Make Up Factory US website as the top search result when a user makes a query containing the name “Make Up Factory US” or any of its derivatives, or any other company protected trademark(s) or Make Up Factory US owned content. The Company reserves the right to discipline Artists, including but not limited to a request to immediately deactivate any online ad.
Artists may not bid on or purchase (or encourage or solicit any third party to bid on or purchase) any Make Up Factory US trademark or Make Up Factory US owned content as a meta-tag, keyword, paid search term, sponsored advertisement, or sponsored link used to trigger search results. Make Up Factory US, in its sole discretion, possesses the ability to interpret this provision and inform Make Up Factory US Artists of their compliance with this provision.
9. Artist Created Marketing Methods, Advertising, Events, and Promotional Material (Sales Tools)
Artists must use only Make Up Factory US approved sales, sales aids, advertising, promotional materials, and marketing methods (collectively “Sales Tools”) when promoting the Make Up Factory US business or Make Up Factory US’s products or services. An Artist who develops his/her own sales aids and/or promotional materials, notwithstanding any good intentions, could unintentionally violate any number of statutes or regulations affecting the Make Up Factory US business. These violations, although relatively few in number, could jeopardize the Make Up Factory US business and the opportunity for other Artists; therefore, Artists must submit all self-created Sales Tools to the Company for prior written approval before use. An Artist who submits Sales Tools to the Company waives all claims to remuneration for such use and grants Make Up Factory US an irrevocable license to use the Sales Tools as the Company deems appropriate. Artists shall not sell or attempt to sell unapproved Sales Tools to other Artists. In addition to taking disciplinary action against the offending Artist’s Make Up Factory US business, any Artist who breaches this policy grants Make Up Factory US an irrevocable license to use the Sales Tool and/or to make it available to all other Make Up Factory US Artists free of charge. The offending Artist waives all claims to remuneration for the Company’s use, or any other Artists’ use, of the Sales Tool.
Artists shall not sell goods or services to other Artists nor directly or indirectly assist any third-party to do so. This prohibition includes, but is not limited to, the sale of training courses or materials, marketing systems, lead lists, and tickets to events. If an Artist sells goods or services (or assists a third-party who does so), she shall not charge any fee to, or accept donations from, other Artists for such goods or services. If she inadvertently charges another Artist for any goods or services (or works with a third-party who sells goods or service to Artists), she shall refund the full purchase price plus any incidental fees to any Artist that requests a refund or upon receiving notice from the Company that she must issue a refund to other Artists. The refund must be issued within three business days from the date on which the request or notice is received and the repurchase obligation shall extend for 365 days from the date of sale. If an Artist works with a third-party in violation of the policy, the Artist who assisted the seller shall be obligated to issue the refund referenced in this policy even if the third-party holds the funds.
10. Trademarks and Copyrights
The name “Make Up Factory US” and other names as may be adopted by the Company are proprietary trade names, trademarks and service marks of Make Up Factory US, including derivatives. The Company grants Artists a limited license to use its trademarks and trade names in promotional media for so long as the Artist’s Agreement is in effect. Upon cancellation of an Artist’s Agreement for any reason, his or her license shall immediately expire and the Artist shall immediately discontinue all use of the Company’s trademarks and trade names. Under no circumstances may an Artist use any of Make Up Factory US’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.
Make Up Factory US commonly puts on live and recorded events as well as webinars and telephone conference calls. During these events Company executives, Artists, and guests appear and speak. The content of such events is copyrighted material that is owned exclusively by the Company. Artists may not record any company functions for any reason, whether such event is live, a webinar, via conference call, or delivered through any other medium.
In addition, company produced Sales Tools, videos, audios, podcasts, and printed material is also copyrighted. Artists shall not copy any such materials for their personal or business use without the Company’s prior written approval.