ALIGN Your Skin, LLC DBA: ALIGN
Ambassador Terms & Policies
1.The Agreement. The term “Agreement” collectively refers to these Terms and Policies and the ALIGN Ambassador commission structure, in their current form and as may be amended in the future by ALIGN. Brand Ambassadors shall be referred to herein as “Ambassadors.” Align Your Skin, LLC shall be referred to as “ALIGN” or the “Company.”
Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
2. Independent Contractor Status. Your Status as an ALIGN Independent Ambassador is temporary. ALIGN Ambassadors are responsible to provide a valid social security number or EIN at the time of enrollment. A participant in this multilevel marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the company at its principal business address.
3. Adherence to the Agreement. Ambassador must comply with the Agreement. If you do not agree to the Terms and Policies, your sole recourse is to notify the Company and cancel your ALIGN Ambassador Agreement. Failure to cancel constitutes your acceptance of the Terms and Policies. You must be in good standing, and not in material violation of the Agreement, to be eligible to earn commissions from ALIGN.
4. Amendments to the Agreement. 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 will be disseminated to the Ambassador via email and available in the ALIGN Ambassador Dashboard. Amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. If you do not agree to any amendments, your sole recourse is to cancel your Ambassador agreement.
5. Ambassador’ Rights. Ambassadors for ALIGN have the right to sell and solicit orders for ALIGN products in accordance with these Terms and Policies. It is within the exclusive right of ALIGN to accept or reject orders submitted by Ambassadors. ALIGN Ambassadors are also eligible to sponsor/mentor other Ambassadors into their downline team structure.
Ambassadors are paid pursuant to ALIGN’s Ambassador Abundance Plan (Compensation Plan). Ambassadors are eligible for compensation for their personal
sales volume otherwise known as PV or Personal Volume. Eligible Ambassadors may earn compensation through their downline team sales (levels 1-5), ALIGN Bonuses, Rank Advancement Bonuses and ALIGN Pools.
6.Independent Contractor Status. Ambassadors are independent contractors and are responsible for paying all expenses they incur.
AMBASSADORS SHALL NOT BE TREATED AS ALIGN EMPLOYEES FOR FEDERAL OR STATE TAX PURPOSES. ALIGN is not responsible for withholding and shall not withhold or
deduct FICA, or taxes of any kind from Ambassadors’ compensation. Ambassadors are not entitled to workers compensation or unemployment security benefits of any kind from ALIGN.
7. Assignment of Rights and Delegation of Duties. Ambassadors may not assign any rights
under the Ambassadors agreement without the prior written consent of ALIGN. Any attempt to transfer or assign the Agreement or any rights conferred under this agreement without the express written consent of ALIGN renders the Agreement voidable at the option of ALIGN. If the assets of, or a controlling interest in, ALIGN, is transferred to a third party, ALIGN may assign its rights and delegate its duties and obligations under the Affiliate agreement to such third party as part of the transfer. Ambassadors should refer to the ALIGN Policies & Procedures regarding the proper process should they decide to sell their downline, business or organization.
8.Waiver of Right of Publicity. Ambassadors grant ALIGN an irrevocable license to reproduce and use their name, photograph, video, personal story, testimonial, and/or likeness in its advertising or promotional materials, including but not limited to use in online forums. Ambassadors waive all claims for remuneration for such use and all rights to inspect or approve all draft, beta, preliminary, and finished material.
9.Minimum Age. Persons under age 18 may not be Ambassadors.
10. Starter Kits. A new Ambassador has up to 15 days to cancel their agreement with ALIGN. The Ambassador is entitled to a full refund of the Starter Kit as long as all of the items from their Starter Kit are returned and the items are still sealed and have not been used in any way. Neither shipping and handling charges incurred by an Ambassador when the Starter Kit was purchased, nor return shipping fees, will be refunded. If the purchases were made through a credit card, the refund will be credited back to the same account used when purchasing. Enrollment/Join fee/starter kit is optional for
residents of North Dakota. Montana Residents: If a Montana resident cancels his or her Affiliate/Ambassador [whichever is appropriate] Agreement within 15 days from the date of enrollment, Align Your Skin will refund 100% of the purchase price for the Starter Kit.
11. Severance. 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 to be in compliance with the law and reflect the purpose of the original provision as closely as possible. The existence of any claim or cause of action of an Ambassador against ALIGN shall not constitute a defense to ALIGN’s enforcement of any term or provision of the Agreement.
12. Termination of ALIGN Agreements. ALIGN reserves the right to terminate all Ambassador Agreements upon 30 days’ notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate the Ambassador program.
13. General Conduct. Ambassadors shall safeguard and promote the good reputation of ALIGN and its products, and must avoid all illegal, deceptive, misleading, unethical or immoral conduct or practices, and must exhibit high moral character in their personal and professional conduct. Ambassadors shall not engage in any conduct that may damage the Company’s goodwill or reputation.
14. Social Media. In addition to meeting all other requirements specified in these Terms & Policies, should an Ambassador utilize any form of social media in connection with
15. Sales Tools Created by Ambassadors. Ambassadors are prohibited from selling sales tools or techniques to other ALIGN Affiliates or Ambassadors.
16. Trademarks and Copyrights. The name “ALIGN Your Skin” “ALIGN” and other names as may be adopted by the Company are proprietary trade names, trademarks and service marks
of ALIGN. The Company grants Ambassadors a limited license to use its trademarks and trade names in promotional media for so long as the Ambassador’s Agreement is in effect. Upon cancellation of an Ambassador’s Agreement for any reason, the license shall terminate and the Ambassador shall immediately discontinue all use of the Company’s trademarks and trade names. Under no circumstances may an Ambassador use any of ALIGN’s trademarks or trade names in any email address, website domain name, social media handle, social media name or address.
17. Handling Personal Information. If you receive Personal Information from or about current or prospective customers, it is your responsibility to maintain its security. You should shred or irreversibly delete the Personal Information of others once you no longer need it. Personal Information includes a customer’s or potential customer’s name, address, email address, phone number, credit card information, and other information associated with these details.
18. Tampering with Product Packaging. ALIGN products must be sold in their original packaging. Ambassadors shall not alter the original packaging or labeling.
19. Negative Comments. Complaints and concerns about ALIGN should be directed to firstname.lastname@example.org Ambassadors must not disparage, demean, or make negative remarks to third parties about ALIGN, its owners, officers, directors, management, other ALIGN Affiliates or ALIGN Ambassadors, the ALIGN Abundance Plan (Compensation Plan), or employees. Disputes or disagreements between any Ambassador and ALIGN shall first attempt to be resolved through mediation, and the Company and Ambassadors agree specifically not to demean, discredit, or criticize one another on the Internet or any other public forum.
20. Adjustments to Commissions. If a product is returned to ALIGN for a product credit or a chargeback occurs, the commission attributable to the returned or repurchased product(s) will be recovered by the Company. Compensation will be deducted from the Ambassador’s commission in the month in which the refund is issued or the chargeback occurs and shall continue every pay period thereafter until the commission is recovered. ALIGN reserves the right to withhold or reduce any Ambassador’s compensation as it
deems necessary to comply with any garnishment or court order directing ALIGN to retain, hold, or redirect such compensation to a third party.
21. Cancellation Returns by Ambassadors.
Ambassadors are discouraged from carrying an inventory of ALIGN merchandise. We highly encourage Ambassadors to direct customers to purchase directly through their personalized referral link. An Affiliate or Ambassador who terminates his or her business relationship with ALIGN has the right to return for repurchase on commercially reasonable terms currently marketable inventory, including Product and kits in possession of the Affiliate/Ambassador purchased within 12 months of the date of termination. For purposes hereof, “reasonable commercial terms” shall mean the repurchase of currently marketable inventory within 12 months from the Affiliate/Ambassador date of purchase at not less than 90% of the Affiliate/Ambassador original net cost less appropriate setoffs and legal claims, if any. In addition, for purposes of this Section, Products shall not be considered “currently marketable” if returned for repurchase after the Product’s or sales aid’s commercially reasonable usable or shelf life period has passed; nor shall Products or sales aids be considered “currently marketable” if ALIGN clearly discloses to the Affiliate/Ambassador prior to purchase that the Products or sales aids are seasonal, discontinued or special promotions and are not subject to the buy-back obligation. Where any state may require a different buy back policy than ALIGN’s, that state’s buyback policy will apply. Shipping charges are not refundable.
22. Satisfaction Promise. Orders fulfilled by ALIGN must be returned to the Company and a product credit or refund may be issued by the Company.
Return procedures should be started by emailing email@example.com
23. Discipline. Violation of the Agreement, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by an Ambassador that the Company reasonably
believes may damage its reputation or goodwill, may result in any disciplinary measure that ALIGN deems appropriate to address the misconduct. In situations deemed appropriate by ALIGN, the Company may institute legal proceedings for monetary and/or equitable relief.
24. Indemnification. Ambassadors agree to indemnify ALIGN for any and all costs, expenses, consumer reimbursements, fines,sanctions, damages, settlements or payments of any nature that ALIGN incurs resulting from or relating to any act or omission by Ambassador that is illegal, fraudulent, deceptive, negligent, unethical, or in violation of this Agreement. ALIGN may elect to exercise its indemnification rights
through withholding compensation owed to the Ambassador. This right of setoff shall not constitute ALIGN’s exclusive means of recovering funds owed ALIGN pursuant to this indemnification provision.
25. Effect of Cancellation. An Ambassador whose agreement is canceled for any reason will lose all Ambassador rights, benefits and privileges. This includes the right to represent yourself as an Independent ALIGN Ambassador, to sell ALIGN products and to receive commissions from his/her/their sales, access to their ALIGN downline and to receive commissions from said downline. If an Ambassador’s agreement is canceled for any reason, the Ambassador must discontinue using the ALIGN name, ALIGN product names and all other ALIGN intellectual property, and all derivatives of such intellectual property, in postings on all Social Media, websites, or other promotional material.
26. Voluntary Cancellation. An Ambassador has the right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at firstname.lastname@example.org
27. Cancellation for Inactivity. Ambassadors should refer to the ALIGN Policies and Procedures for inactivity guidelines.
28. Reporting Errors. If an Ambassador believes that ALIGN has made an error in their compensation, they must report it to the Company in writing within 60 days from the date on which the mistake occurred. While ALIGN shall use its best efforts to correct errors reported more than 60 days after the date of the error, ALIGN shall not be responsible to make changes or remunerate Ambassadors for losses or mistakes that are reported more than 60 days after the mistake occurs.
29. Dispute Resolution. If a dispute between an Ambassador and ALIGN arises from or relates to the Agreement, the ALIGN business, or the rights and obligations of either party, the parties shall first attempt to resolve the dispute through mediation.
At no time prior to the negotiation and mediation procedures are completed shall either party initiate arbitration or litigation related to this Agreement or the business except as may be specified otherwise in this dispute resolution provision; All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation and/or mediation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation and/or
Mediation; Informal negotiations and mediation shall occur in Utah unless the parties mutually agree on another forum. Informal negotiations and mediation shall take place telephonically if either party requests such; Each party shall be responsible for its own attorney’s fees, expert, professional and witness fees incurred in pursuing any claim, regardless whether the claim
is pursued through informal negotiation,mediation, arbitration, or court proceedings; If litigation is filed in court the action may be brought in the jurisdiction in which either party resides or has its principal place of business; If arbitration is filed all arbitration proceedings shall be filed and held in St. George, Utah.
30. Class Action Waiver. All disputes,whether pursued through arbitration or before the courts, that arise from or relate to the Agreement, that arise from or relate to the ALIGN business, or that arise from or relate to the relationship between the parties, shall be brought and proceed on an individual basis. The parties waive their rights to pursue any action against the other party and/or their respective owners, officers, directors and agents, on a class or consolidated basis.
31. Governing Law. The Federal Arbitration Act shall govern all matters relating to arbitration. Except as is otherwise specifically referenced in these policies, the law of the State of Utah without regard to principals of conflicts of laws, shall govern all other matters relating to or arising from the Agreement, the business, the relationship between the parties, or any other claim between the Parties. Notwithstanding the foregoing, if a dispute is brought in a small claims court properly vested with jurisdiction, the law of the state in which the small
claims court resides shall apply. Residents of the State of Louisiana shall be entitled to bring an action against the company in their home state based on Louisiana law.
32. Damage Waiver. In any action arising from or relating to the Agreement, the parties waive all claims for incidental and/or consequential damages, even if the other party has been apprised of the likelihood of such damage. The parties further waive all claims to exemplary and punitive damages. Nothing in this provision or this Agreement shall restrict or limit a Party’s right to recover liquidated damages as set forth in these Terms & Conditions.