fixmee

 

1. To exclusively market and sell FIXMEE products to end consumers for personal use, avoiding sales to resellers and retail locations. Sales are limited to the United States, Puerto Rico, the U.S. Virgin Islands, and Guam2. To provide the written FIXMEE Satisfaction Guarantee and to honor it promptly upon request, acknowledging that FIXMEE, LLC. offers a complete satisfaction or money-back guarantee for the product sold.
3. To uphold the highest standards of integrity and honesty in all dealings with the Company, consumers, and fellow Beauty Consultants, ensuring truthful representation of FIXMEE products and protecting the Company from any misrepresentations.
4. To safeguard FIXMEE trademarks by obtaining written permission from the Company before using them in any advertising or literature, and to refrain from selling FIXMEE products in public or retail establishments, including online platforms like eBay and Amazon.
5. As an independent contractor, to take full responsibility for all self-employment taxes and comply with all relevant laws governing my FIXMEE business.
6. To obtain Starter Kit products solely from the Company, ensuring all orders are accompanied by appropriate payment methods and are subject to the Company's acceptance.
7. To acknowledge that I am not a joint venturer, franchisee, partner, agent, or employee of the Company, and I have no authority to incur any liabilities on its behalf.
8. To present the FIXMEE opportunity truthfully, ensuring that any prospective Consultant I recruit is at least 18 years old and receives proper education and materials.
9. To keep my contact information updated with the Company and agree to the release of my name and phone number to customers upon request unless I provide written notice otherwise.
10. To protect the personal information of other Independent Consultants and customers, treating all received information as confidential and not disclosing it without permission.
11. To adhere to the terms and guidelines of all tools and services provided by the Company for my business.
12. To comply with any changes to the General Terms and Conditions of the Independent Consultant Agreement, acknowledging that the Company may modify various aspects with prior notice.
13. To refrain from altering any labels, materials, or packaging for FIXMEE products.
14. To ensure the quality and proper handling of FIXMEE products, following all provided instructions.
15. To provide accurate information to customers about FIXMEE products and offer support using approved educational tools, ensuring they have my contact information for any inquiries.

B. FIXMEE, LLC. ("COMPANY") AGREES:
1. In exchange for the Independent Consultant's compliance with the terms and conditions set forth above, to sell to the Independent Consultant items from the then current Consultant order form ("COF") and to allow an active Independent Consultant a discount from suggested retail prices. The discounts shall not apply to samples, premiums, demonstrators, literators, or sale promotion items. 
2. To pay independent consultant with one or more active team members a monthly personal team commission on all purchases of Company products 9 excluding Starter Kits and sales aids) made by persons whom Beauty Consultant has personally recruited to become FIXMEE Consultants and who have been accepted by the Company, with commissions to be calculated and paid following the then current Company-published monthly personal team commission schedule for so long as both Independent Consultant and team member are active, provided that commissions and bonuses paid on merchandise not sold at retail to ultimate consumers which is subsequently returned for Company repurchase under this Agreement may be charged back or deducted from commissions or other sums payable by Company to Independent Consultant. A Consultant must be active and have one or more active team members to receive a monthly personal team commission. An independent Consultant is considered "active" in the month a minimum of $150 wholesale products are ordered and received by the Company and in the following two calendar months.
3. Not to impose any geographical territories on Independent Consultants concerning sales and team-building.
4. Company reserves no right of control or direction of the Independent Consultant's activities, other than the right to question results.
5. To accept Consultant's cancellation of this Agreement within thirty (30) days after acceptance of the Agreement by Company, and upon return of Consultant's original and unused Starter Kit to Company, to refund to Consultant the Consultant's cost of the Starter Kit; or if Agreement is terminated and Consultant's original and unused Starter Kit is returned to Company after the cancellation period and within one (1) year of purchase, to repurchase such Starter Kit at ninety percent (85%) of Consultant's original net cost.
6. To repurchase, upon termination of this Agreement, at ninety percent (85%) of Consultant's original net cost, original and unused products, provided such items were purchased by Consultant from Company within one (1) year before return.
7. Starter Kit and products must be shipped freight prepaid, accompanied by a signed "Request for Repurchase" form to the FIXMEE Repurchase Department in Fort Worth. Consultant agrees that Company's cost of any prizes, product bonuses, or credits awarded to Consultant based on the purchase of the returned products, and any indebtedness Consultant owes Company, will be deducted from the repurchase amount. A consultant who returns a product to the Company is not eligible to rejoin the FIXMEE independent sales force. Consultants agree that items are not intended to be purchased from the Company for resale and are not subject to repurchase provisions.
8. Customer names and addresses furnished by Independent Consultant to Company in connection with optional programs shall remain the sole property of Independent Consultant and will not be used by Company or disclosed by Company to other parties without Independent Consultant's permission, except as may be required by law.
9. There will be no direct sales from the Company to the Independent Consultant's customer without a commission being paid to the customer's Independent Consultant, provided the Independent Consult is a member of the FIXMEE independent sales organization at the time of the sale. The company will not accept an order directly from a customer without the name and Independent Consultant number of the customer's Beauty Consultant. Commissions will be charged back on customer returns. 

This agreement is subject to acceptance by the Company at its corporate headquarters in Fort Worth, Texas, through the issuance of a Notice of Acceptance. Such acceptance is conditioned upon receipt of a Starter Kit by an Independent Consultant. This Agreement shall be governed by the laws of the State of Texas as to all matters. The parties further agree that if any dispute or controversy arises between them concerning any matter relating to this Agreement any issues that either party may elect to submit for legal jurisdiction shall be submitted to the jurisdiction of the courts of the State of Texas, except any dispute or controversy arising out of or relating to the use or misuse of FIXMEE intellectual property, which dispute may at the sole discretion of the Company, be submitted to the exclusive jurisdiction of the Federal District Court for the Northern District of Texas. The parties agree that the venue for any federal court action shall be the Fort Worth Division of the Federal District Court for the Northern District of Texas.

This Agreement is not subject to alteration, modification, or change, except in writing, signed by an authorized executive of the Company, and shall not be deemed to be changed, modified, or altered because of any advice, suggestions, guides, or sales aids furnished by the Company to the Independent Consultant. This Agreement shall be effective from the date of acceptance until December 31 of the same year and shall thereafter be automatically renewed each January 1, for additional terms of one year each, provided that the Agreement may be terminated by either party at any time during the initial term or any renewal term by not less than thirty (30) day's written notice.

It is not necessary to submit a new Agreement (or purchase a new Starter Kit) if reinstating within one year of the last order month ( anniversary month, if no last order) as the terms and conditions of the then-current Independent Consultant Agreement will continue in full force and effect. For record purposes, a Consultant must have a minimum $150 wholesale product order to update her last order date.

This is the sole and only Agreement between the parties relating to the subject matter hereof, and both parties acknowledge that the Independent Consultant is not an employee of Company and will not be treated as an employee concerning this Agreement for federal, state, or local tax purposes, or otherwise.