SECTION 1 What are ALIGN Policies and Procedures?
SECTION 2 Company Contact Information
SECTION 3 Code of Ethics and Affiliate/Ambassador Agreements
SECTION 4 Becoming an ALIGN Affiliate or Ambassador
SECTION 5 Reactivation, Rejoin, Account Suspension, & Permanently Canceled
SECTION 6 Temporary Account Hold
SECTION 7 Selling Your ALIGN Business/Roll-Ups
SECTION 8 Change of Address and Contact Information
SECTION 9 Affiliate/Ambassador Responsibilities
SECTION 10 Sponsoring/Recruiting Opportunity & Responsibilities
SECTION 11 Income Claims
SECTION 12 Selling and Ordering Standards & Procedures
SECTION 13 Making Payments, Submitting Orders, Delivery, and Sales Tax
SECTION 14 Business Supplies
SECTION 15 Payment of Commissions and Bonuses
SECTION 16 Advertising/Marketing Guidelines
SECTION 17 Use of Trademarks and Copyrights
SECTION 18 ALIGN Affiliate/Ambassador Personalized Selling Links/Sites
SECTION 19 URLs, Email Naming, Blogs, Facebook, Social Media, YouTube, etc.
SECTION 20 Media Inquiries
SECTION 21 Returns
SECTION 22 Disciplinary Sanctions
SECTION 23 Breach of Contract Procedures
SECTION 24 General Provisions
What are ALIGN Policies & Procedures?
1.1 ALIGN offers clear policies and procedures so that Affiliates and Ambassadors have a clear direction on how they can best run their independent business and to align mutual expectations between the field and ALIGN corporate. Our policies and procedures are meant to serve as a resource for operational and compliance guidelines and provide structure and policies that protect the brand, affiliates, ambassadors and leaders. ALIGN aims to enrich and enhance your life and do no harm to its Affiliates, Ambassadors, leaders and customers.
1.2 These Policies and Procedures are effective as of the date displayed above and govern the way an ALIGN Affiliate or Ambassador conducts business with the Company, other Affiliates, Ambassadors, and customers. They replace and succeed all previous versions. The Company endeavors to enforce the Policies and Procedures on a uniform and nondiscriminatory basis. However, any failure to enforce any of the provisions of the Policies and Procedures with one Affiliate/Ambassador does not waive the Company’s right to enforce any such provision(s) with that same Affiliate/Ambassador or another Affiliate/Ambassador. The Policies and Procedures will be enforced by ALIGN at its discretion as a means to protect the intent of the provisions herein. ALIGN’s Policies and Procedures in their current form are a formal contract between the Affiliate/Ambassador and the company.
1.3 As such, these Policies and Procedures, the ALIGN Abundance Plan (Compensation Plan) hereinafter (“Comp Plan”), any situation-specific addendum(s) thereto, and any other written agreement between the Affiliate/Ambassador and the Company in their present forms may be amended by the Company, and as amended from time to time at the sole discretion of the Company, without prior notice, and are by this reference incorporated into, and form an integral part of, what is collectively referred to as the “Contract.” Each Affiliate/Ambassador has the responsibility to read, understand, and adhere to the Contract and ensure that they are aware of and operating under the most current version of the Contract. Ignorance is no excuse. By agreeing to the Contract, by utilizing the ALIGN Virtual Office, or by accepting Commissions from the Company, an Affiliate/Ambassador demonstrates that he, she, or they have read, understands, and consents to abide and be bound by the Contract and any amendments thereto.
1.4 The Company may amend any part of the Contract at any time for any reason without notice as laws and business circumstances change; notice of any amendment(s) will be published by the Company in the ALIGN Virtual Office. All changes and/or amendments are effective immediately as of the date published. Amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. It is the responsibility of all affiliate/ambassadors to regularly review the most recently published Contract, located in the ALIGN Virtual Office. The Company will also provide a copy of the most current Contract upon request.
Company Contact Information
Align Your Skin, LLC DBA ALIGN
Address: 782 S River Rd #54, St. George UT 84790
Code of Ethics
The Company has made a commitment to provide its Affiliate/Ambassadors with high quality bath, body and beauty products, business support, and the ALIGN Abundance Plan (Compensation Plan). Affiliates & Ambassadors may purchase products directly from the Company for both personal use and for resale to consumers. In return, Affiliates and Ambassadors agree to represent the products and income opportunity in an ethical and professional manner. Each Affiliate/Ambassador agrees to abide by the following
Code of Ethics:
3.2 Brand Values. ALIGN Core Values include integrity, balance, joy, inclusion and alignment. Affiliates/Ambassadors agree to represent themselves and the brand with these core values in mind. Affiliates/Ambassadors are expected to uphold these core values in interpersonal relationships, interactions, online groups and chats, on social media and at brand events. As an ALIGN Affiliate/Ambassador, you represent the brand and the brand values. We promote open communication. We expect all Affiliates/Ambassadors to follow our code of conduct in all avenues they represent the brand and conduct business, including but not limited to social media, email, and at in-person brand events or trips. They should avoid participating in serious disputes and disrupting the growth and potential of ALIGN. We expect Affiliates/Ambassadors to foster a well-organized, respectful and collaborative environment.
3.3 Compliance. All Affiliates and Ambassadors must protect and uphold the company’s policies and procedures. We expect all Affiliates/Ambassadors to be ethical and responsible when dealing with our company’s private information, products, partnerships and public image.
3.4 Respect for Others. All Affiliates/Ambassadors should respect their colleagues, peers, ALIGN Executives and employees. We will not allow any kind of discriminatory behavior, harassment or victimization. Affiliates/Ambassadors should conform with our equal opportunity policy in all aspects of their work, from representing the brand, recruitment and interpersonal relations. Hate speech regarding race, color, national origin, sex, disability, religion, sexual orientation or gender identity will never be tolerated.
3.5 Professionalism. All Affiliates/Ambassadors must show integrity and professionalism in their interactions online and in person. All Affiliates and Ambassadors are expected to be kind and collaborative towards all ALIGN affiliates, ambassadors, ALIGN Executives and employees.
3.6 As an Affiliate/Ambassador:
A. I will abide by the terms and conditions of the Contract.
B. I will correctly and lawfully represent the ALIGN Abundance Plan (Compensation Plan) and the income potential represented therein and will not make, advertise, or communicate any false income or earnings claims.
C. I will be truthful in my representation of the products and will make no product claim that is not contained in and supported by official Company publications.
D. I will honor the terms of the product return and refund policies with all of my retail customers.
E. At all times, including traveling with and for ALIGN events, I will conduct myself and my
business in an ethical, moral, legal, and financially sound manner and will not engage in any deceptive or illegal practice.
F. I will respect the sponsor/mentor relationship of every other Affiliate/Ambassador and I will neither attempt to interfere with or change these relationships, nor will I make disparaging or untrue claims about other Affiliates/Ambassadors.
G. I will refrain from soliciting, selling, or using my relationship or the personal and private information of other ALIGN Affiliates or Ambassadors in any way not intended by the Company.
H. I will be respectful of the people I meet whether online or in person. This also includes any and all travel for and with ALIGN and while attending ALIGN events or on trips. I understand
that failure to comply may result in being excluded from future incentives, travel, and other opportunities to interact with the business publicly.
I. I will not communicate disparaging comments about Affiliates/Ambassadors or ALIGN
management, or employees. This is including but not limited to my personal conduct when contacting support staff, online and through any and all social media channels, including behavior or content that may be considered discriminatory, harassment, or threatening in nature.
J. I will not engage in any activities that would bring disrepute to the Company, other Affiliate/Ambassadors or myself.
K. If and when I choose to promote as a Team Leader or higher, I may be given access or be privy to conversations and/or information not generally known to the public and/or other Affiliate/Ambassadors, and as such, will be contractually bound to keep all privy conversations and/or information confidential. Failure to keep said conversations and/or information confidential, exhibit unprofessional behavior in interactions whether online or in person, and/or any conduct contrary to that of the Company will result in, but is not limited
to, immediate business suspension and/or permanent cancellation.
L. I understand and agree that my personal information may be viewed and used by members of my Upline to contact me regarding business matters. However, any attempt to misuse the information of other Affiliates or Ambassadors, including but not limited to solicitation of any ALIGN Affiliate/Ambassador, is a violation of this contract and may result in disciplinary action or legal pursuit as deemed necessary and appropriate by ALIGN.
M. Should I ever discontinue my relationship with ALIGN, I agree to ALIGN’s Goodbye Policy. In the event that I leave the company on good terms, both parties agree to show mutual respect for one other as the Affiliate/Ambassador pursues a different business direction. I agree that I will not directly solicit or recruit any present Affiliate/Ambassador to alter their relationship with ALIGN. I acknowledge that at all times I am acting as an independent contractor and that my status can be revoked at any time at the sole discretion of ALIGN.
N. I acknowledge and agree that any and all Affiliate/Ambassador contact information, outside of my own, is the property of ALIGN and may not be used by me for any other purpose should I ever decide to end my relationship with ALIGN.
O. I acknowledge and agree that I may not be an admin or member of closed Affiliate/Ambassador groups on social media, apps or other sites once I have terminated my relationship with ALIGN. ALIGN recommends that you maintain your branding under your personal name or business name rather than ALIGN specific verbiage to make a mutually agreed upon exit agreeable to both parties.
P. Photo Release. Affiliates and Ambassadors grant ALIGN permission to use their image, name, voice, story, and/or likeness (collectively their “image”) in a photograph, audio recording, video or other digital medium, in any and all of its publications, including web-based publications (which includes but is not limited to social media postings), without payment or other consideration. Affiliates and Ambassadors understand and agree that all material in which their image appears will be property of the Company and will not be returned. Affiliates and Ambassadors irrevocably authorize the Company to edit, alter, copy, exhibit, publish or distribute their image for any lawful purpose associated with the Company’s business. Affiliates and Ambassadors waive any right to royalties or other compensation arising or related to the use of their image by the Company. Affiliates and Ambassadors and any others acting on an Affiliate/Ambassador’s behalf holds harmless, release, and forever discharges the Company from all claims, demands and causes of action related to their image(s).
Becoming an ALIGN Affiliate/Ambassador
4.1 Qualification of an ALIGN Affiliate/Ambassador
A. Be at least 18 years of age.
B. Have a valid Social Security number or US Tax Identification Number;
C. Have a valid email address;
D. Enroll in ALIGN as either an individual or business entity through the ALIGN website.
E. Provide accurate banking information in order for commissions to be paid.
F. Agree to the terms and conditions of the Affiliate/Ambassador Agreement;
G. ALIGN must accept and approve the application and will provide the Affiliate with a unique code to share and receive associated commissions.
H. If enrolling as a business, all of the above requirements must be met by the business owner(s).
I. Maintain an active affiliate account with their personal sales referral link being used at least once every 6 months.
J. When you join ALIGN as an Affiliate you acknowledge you will have no upline structure or sponsor.
Becoming an ALIGN Ambassador
A. Be at least 18 years of age.
B. Have a valid Social Security number or US Tax Identification Number;
C. Have a valid email address;
D. Enroll in ALIGN as either an individual or business entity through the ALIGN website using the unique referral link or name of your sponsor or upline.
E. Provide accurate banking information in order for commissions to be paid.
F. Agree to the terms and conditions of the Affiliate/Ambassador Agreement;
G. ALIGN must accept and approve the application and will provide the Ambassador with a unique code to share and receive associated commissions.
H. If enrolling as a business, all of the above requirements must be met by the business owner(s).
I. Maintain an active Ambassador account with at least $300 in retail or personal sales every 6 months.
J. When you join ALIGN as an Ambassador you acknowledge you will have a sponsor/mentor of your choice and an upline of additional mentors. It is the sole responsibility of the Ambassador to choose their sponsor/mentor and ensure said person aligns with their business personality and preferred business structure. ALIGN makes no guarantees to allow any sponsor or upline changes.
4.2 Responsibilities of Affiliates/Ambassadors
A. Run their businesses ethically, fairly, and in compliance with these Policies and Procedures as well as all other terms and conditions implemented by ALIGN;
B. Follow the Policies and Procedures herein as well as the intent of the Policies and Procedures should there be any ambiguity;
C. Comply with local, state, and federal laws;
D. Provide high quality service to their customers;
E. Provide assistance and leadership to any person they personally sponsor;
F. Be supportive to other Affiliates/Ambassadors;
G. Protect the name, image, and intellectual property of the brand
H. Keep all contact information and banking information updated at all times. This can be done in the ALIGN Virtual Office.
I. Identify themselves as an Affiliate/Ambassador and use the authorized logos provided by the Company. Affiliates/Ambassadors are independent contractors and not employees or partners of the Company. They are responsible to keep track of their own expenses and file their own taxes, both state and federal.
J. Affiliates/Ambassadors must maintain an active status in order to participate in the ALIGN Abundance Plan (Compensation Plan). To maintain an active status, you must provide current and accurate banking information and maintain updated contact information.
ALIGN is not responsible for any commissions lost due to inaccurate banking information or an Affiliate or Ambassador failing to provide such information.
K. ALIGN Affiliates have no sales requirements in order to remain active. If your personal referral code has not been used in six months, it may be turned off or made inactive by ALIGN. You can contact email@example.com to reactivate your Affiliate account. Affiliates may reactivate their account so long as their account was not terminated by the company. If your account was terminated by the company, it is at the discretion of ALIGN to reactivate your account.
L. Ambassadors agree to the following sales requirements. If you do not have a team, Ambassadors are required to sell $300 over the course of 6 months. If you do not meet this sales requirement, your account may be turned off or made inactive by ALIGN. You can contact firstname.lastname@example.org to reactivate your Ambassador Account.
M. Ambassadors who have a team must maintain 500 PV in a rolling 6 (six) month period. Failure to maintain 500 PV will result in your team rolling up to the next active Ambassador in your upline.
If an Affiliate/Ambassador earns $600 or more in non-employee compensation, including bonuses, rewards, loyalty points, prizes, and incentives, or resell $5,000 or more in product in a given tax year, ALIGN will supply an IRS 1099-NEC form showing the amount of non-employee compensation received for the year. ALIGN follows current IRS guidelines and this applies to all aspects of the business whether for commissions, incentives, rewards, loyalty points, or otherwise.
Reactivation, Rejoin, Account Suspension, & Permanently Canceled
Affiliates/Ambassadors who have an inactive account (due to inactivity or self termination), and have been terminated for less than 6 (six) months, and are in good standing may reactivate their account at any time. The following applies:
A. Affiliates and Ambassadors should contact support@alignyourskin to request reactivation of their account in writing.
B. Ambassadors will assume the same sponsor and may not select a new sponsor for any reason.
C. Ambassadors will assume the same ID (AID);
D. Ambassadors may not purchase a Starter Kit.
E. Ambassadors who previously had a team or downline will not regain their team/downline. Any roll ups that were processed in the Ambassadors absence will remain in effect.
Former Ambassadors in good standing may rejoin as long as the contract was not terminated (due to violation) by the Company. If your contract was terminated by the Company, you must receive written permission and approval to reactivate your account or rejoin.
The following applies to Ambassadors who wish to rejoin:
A. Ambassadors who have been terminated may rejoin and the following applies:
B. Account must have been terminated more than 6 (six) months.
C. Ambassadors who have not been terminated for more than 6 (six) months may not rejoin. They should follow reactivation procedure by contacting email@example.com
D. A Starter Kit must be purchased;
E. Ambassador will assume the same AID (Align ID Number)
F. Ambassador will count as a new recruit;
G. Ambassadors may choose a new sponsor. (Choice of new sponsor ONLY applies to Ambassadors rejoining after 6+ months of inactivity)
H. Ambassadors must provide accurate banking information.
I. Ambassadors must follow the guidelines and rules to maintain an active status.
J. Ambassadors who previously had a team or downline will not regain their team/downline. Any roll ups that were processed in the Ambassadors absence will remain in effect.
5.3 Account Suspension
An Affiliate or Ambassadors account may be suspended by the Company if it appears the account has been misused, has suspected fraudulent orders/activity, has multiple chargebacks, or the Affiliate/Ambassadors is in violation of the Contract.
A. ALIGN, in its sole discretion, reserves the right to retract any and all commissions paid or to be paid to this Affiliate or Ambassador. The Company reserves the right to suspend any account at its sole discretion, without warning, and for the period of time necessary to properly investigate activity therein.
B. ALIGN reserves the right to hold any bonuses or any other monetary payments, including incentive earnings, while the account is in a suspended state. ALIGN further reserves the right to decline said payment and/or retract, claw back, and/or deduct the payment of any commissions, bonuses, and/or other monetary means, including incentives or awards that are deemed by the Company to be fraudulently obtained.
5.4 Permanently Canceled Account
An Affiliate or Ambassadors contract may be permanently canceled at any time by the Company for any reason or for no reason, at its sole discretion.
A. If the Company, in its sole discretion, finds an Affiliate or Ambassador in violation of these Policies and Procedures, it reserves the right to permanently cancel an Affiliate or Ambassador account without prior notice. Permanent cancellation of said account includes but is not limited to permanently blocking access to Affiliate or Ambassadors account, restricting access to the ALIGN Virtual Office, permanently blocking the Affiliate or Ambassadors customer account linked to the Affiliate or Ambassador account, stopping shipment of orders, loss of rewards, loyalty points, and delay or restrictions to Commissions owed.
B. ALIGN reserves the right to deduct any clawbacks for returns on any payment and any other money owed or deemed to be fraudulently obtained, at Company’s sole discretion, to the Company from the Affiliate or Ambassador.
C. If an Affiliate or Ambassador contract is permanently canceled, they will be paid any outstanding Commissions owed to them as of the date of said cancellation so long as the Commissions owed are not deemed to be fraudulently obtained. Commissions will be paid by the 10th of the following month.
D. ALIGN reserves the right to hold, deduct any clawbacks for returns on any payment, and any other money owed or deemed to be fraudulently obtained to the Company from the Affiliate or Ambassador.
5.5 ALIGN GOOD BYE PROGRAM
We understand that during the course of business and life, your partnership with ALIGN may no longer be in alignment with your personal values or goals. Should you decide to dissolve your partnership with ALIGN as an Affiliate or Ambassador we expect all parties, ALIGN Your Skin, LLC, ALIGN Executives, employees and Affiliate/Ambassador to treat any exit with respect and common courtesy. The following applies:
A. An Affiliate or Ambassador must notify the Company in writing of their resignation. Resignations shall be sent to firstname.lastname@example.org and include your (AID).
B. All former Affiliates/Ambassadors will be expected to uphold their Non-Disclosure Agreement indefinitely regarding any confidential or private information including but not limited to ALIGN, ALIGN Executives, ALIGN employees, ALIGN business policies, planning, decisions, products or future products in the event they signed one in the course of business. Our goal is to foster a mutually respectful exit plan between all parties.
C. Ambassadors shall have no influence or ability to decide where their team, personally enrolled frontlines or Ambassadors shall be placed after their exit from the company. ALIGN reserves the right to place your personally enrolled frontlines, team, and Ambassadors under the direction of another ALIGN leader. Any policies regarding the selling of your team or downline must be approved by ALIGN Your Skin, LLC.
Temporary Account Hold
6.1 Temporary Account Hold
In the event an Affiliate or Ambassador is undergoing personal reasons to place a hold on their account, they must email email@example.com to have a 90 day hold placed on their account. Affiliates or Ambassadors may use this feature once in a calendar year unless extenuating circumstances apply. It is at the sole discretion of the Company if they shall extend an account hold or allow an account hold to be used more than once in a calendar year.
Selling your ALIGN Ambassador Business/Roll-Ups
7.1 ALIGN does allow for the sale of an Ambassador account, as long as the sale does not impact the integrity of their organization, or negatively impact their sponsor/mentors upline or their downline. Any move must be pre approved by the ALIGN Executive Team before legal action is taken and a transfer of funds is made. Ambassadors who wish to sell their account or team, must provide documentation such as a written agreement or contract that details the terms of the sale to ALIGN before approval will be considered.
7.2 ALIGN allows for teams to roll-up to their next active upline if their sponsor/mentor resigns, or is terminated. If a recognition rank Team Leader+ resigns, chooses to release their team/downline or terminates, and their team rolls to a recognition rank Team Leader+, that leader can choose to have the team roll directly to them, or a top producing level 1 of the leaving leader to keep the integrity of levels for the upline leader. The movement of any team/downline must be approved by ALIGN and/or the ALIGN Executive Team.
7.3 In the event of a death, ALIGN requires a death certificate or legal proof of death, as well as a legal will in order to transfer the account. A death certificate or legal proof of death is also required to terminate the account.
Change of Address and Contact Information
8.1 Change of Address and Contact Information
It is the responsibility of the Affiliate/Ambassador to update any contact information or payment information within the ALIGN Virtual Office, including but not limited to notifying any third party vendor the Company may use with any information changes.
8.2 Failure to provide Information
ALIGN is not responsible for misdirected communications, undeliverable payments, etc., resulting from an Affiliate/Ambassador’s failure to update contact information. ALIGN reserves the right to charge the Affiliate/Ambassador any and all costs associated with forwarding, reshipping, or redirecting any orders, payments, shipments, or any other means of doing business should costs occur due to incorrect contact information.
Affiliate and Ambassador Responsibilities
9.1 Affiliate/Ambassador Responsibilities
The standards and expectations of all ALIGN Ambassadors should be concurrent with our brand values. As such, it is the responsibility of every Affiliate/Ambassador to understand and abide by the terms of this agreement. Ignorance is not an excuse to violate this or any other agreement with ALIGN. All Affiliates/Ambassadors are responsible to understand and comply with the Contract. All Affiliates/Ambassadors must act and operate their business in a courteous and professional manner.
9.2 Conflict of Interest
ALIGN Affiliates/Ambassadors are welcome to pursue multiple brands and streams of income under their personal brand umbrella. While we do not have policies in place restricting your involvement with competing companies or brands, we do ask that you inform ALIGN of any brand partnerships, affiliate agreements, direct selling/network marketing/social selling agreements that may be considered a conflict of interest. ALIGN is not responsible for any legal or financial conflicts that may arise from your involvement with multiple brands and partnerships, including your involvement and partnership with ALIGN.
9.3 Limited Access or Information
ALIGN reserves the right to authorize, limit, terminate or otherwise control the Affiliate/Ambassador’s access to, among other things, groups, information and activities (e.g., Facebook groups, meetings, contests, conventions, etc.) that are hosted, sponsored, administered or created by ALIGN, at the sole and absolute discretion of ALIGN.
Sponsoring/Recruiting Opportunity and Responsibility
A. Ambassadors have the opportunity to sponsor other individuals into their teams.
B. Recruiting is not a requirement to be compensated for personal customer sales.
C. Any individual who wants to enroll with an Ambassador in ALIGN must enroll using their sponsor/mentors link.
D. Ambassadors have the responsibility to provide support to any Ambassador they personally sponsor.
10.2 Recruiting Other Companies’ Representatives
A. ALIGN does not encourage or support the practice of enticing Ambassadors/Consultants from other companies to join ALIGN, and Ambassadors shall refrain from such activity.
B. If a representative from another company contacts an ALIGN Ambassador, or in their normal course of business they meet a representative from another company who wishes to join ALIGN, it is acceptable to offer them the opportunity to join. It is, however, a violation of these Policies for any ALIGN Ambassador to entice someone to leave a company with which they are currently enrolled through negative or deceptive practices, or to target representatives from any specific company for the purpose of enticing them and/or other team members to join ALIGN.
C. Ambassadors can promote the ALIGN opportunity using appropriately branded marketing materials. ALIGN does not allow Ambassadors to entice potential new recruits to join by offering a discount on his or her Starter Kit, payback of Starter Kit or Ambassador join fees, gift cards or other financial incentives.
11.1 Income Claims
Affiliates and Ambassadors need to comply with the legal requirements for making income claims and must be truthful and not misleading when presenting or discussing the ALIGN opportunity or ALIGN Abundance Plan (Compensation Plan). This includes discussions regarding recruiting others to join your team.
Selling and Ordering Standards & Procedures
12.1 Selling and Ordering
Ambassadors have the opportunity to sell ALIGN products to any customer within the United States, US Territories, Canada, and any United States military sanctioned sites, so long that they have an Army Post Office (APO) or Fleet Post Office (FPO) address.
ALIGN ships personal orders up to 70 lbs to APO and FPO addresses, pursuant to USPS guidelines. ALIGN’s standard shipping rates apply to all orders, unless otherwise indicated.
Besides APO and FPO addresses, ALIGN will not ship to any location outside of the U.S. Additionally, no Ambassador may sell or ship to customers located off their military base if their military base is located outside of North America.
12.2 Minimum Acceptable Pricing Policy (MAPP) Standards
Minimum Acceptable Pricing Policy Standard at ALIGN states:
A. Ambassadors may never offer product for sale at a publicly published price that is LOWER than what the exact item is currently selling for on the ALIGN site. Ambassadors can share promotional pricing as ALIGN corporate offers.
B. As always, MAPP applies to public and private spaces. For example, advertising below MAPP online in a public Facebook group where anyone can add themselves or on a Facebook feed would not be acceptable. Advertising below MAPP online in a private buy, sale, and trade Facebook group, which requires manual acceptance, is also unacceptable.
C. If you are the only ALIGN Ambassador at an event you are permitted to set pricing where you deem fit or offer a “Show Special”
12.3 Selling in Various Venues and Through Various Channels
Affiliates and Ambassadors may sell ALIGN products or inventory (including pre-orders) in any retail or event establishment as long as they follow MAPP pricing, and abide by all policies listed in this document.
A. While ALIGN does not encourage or advocate the practice of carrying inventory, the Company recognizes instances where doing so responsibly is a benefit to Affiliates/Ambassadors and their customers. This will be left to the sole discretion of the Affiliate/Ambassador, and ALIGN can bear no responsibility in any way for products not sold. ALIGN reserves the right to hold and/or cancel orders of a certain dollar amount to ensure their validity.
B. Affiliates/Ambassadors should never purchase more product than they can reasonably use or sell to retail customers in a reasonable period, and must not persuade or attempt to persuade any other Ambassadors to buy more products than he/she can reasonably use or sell to retail customers in a reasonable period. Sponsors/Mentors should never encourage “bonus buying” buying of product solely for rank advancement purposes or encourage their downlines to engage in unethical product purchases.
C. Such “bonus buying” is strictly prohibited. Bonus buying includes any mechanism or artifice whether done directly or indirectly to qualify for advancement, incentives, prizes, Commissions, or bonuses that are not driven by bona fide product or service purchases by end-user consumers and/or enrollments of bona fide Ambassadors. Bonus buying includes, but is not limited to, purchasing products through a straw man or any other deceptive selling or recruiting activity. ALIGN reserves the right to require any Affiliate/Ambassador at any time to provide the Company with sales verification receipts.
D. Affiliates and Ambassadors may not sell on Amazon or other online marketplaces. The Company reserves the right to suspend any account at its sole discretion, without warning, and for the period of time necessary to properly investigate activity therein.
E. Sales taxes are collected and accounted for when Affiliates/Ambassadors place orders in their Virtual Office or through their personal link. ALIGN then remits this tax to the proper tax authorities. ALIGN must be compliant with all tax authorities to avoid fees and to protect Affiliates/Ambassadors.
F. As a merchant, Affiliates/Ambassadors are under the same obligations as ALIGN. When Ambassadors sell inventory, they become the retailer and therefore must collect sales tax from the end user. The tax jurisdictions require the remittance.
G. Selling to downline to boost personal numbers is strictly prohibited; purchasing from another Ambassadors link is strictly prohibited; bonus buying is strictly prohibited; and inventory dumping (selling in bulk for the purpose of reducing inventory) is strictly prohibited.
H. Returns due to unsold inventory are not allowed. The return policy is meant for personal satisfaction.
I. It is impossible to dictate all selling avenues and appropriate channels to sell, the following guidelines and principles are best practices to apply to all selling channels.
a. Affiliate/Ambassador must clearly state that they are an independent contractor. This must be prominently identified as such prior to doing business, whether in person or online. Affiliates/Ambassadors may not in any way mislead a customer and misrepresent themselves as an employee of the Company or appear to represent ALIGN corporate.
b. Affiliates/Ambassadors are prohibited from using any paid advertising that uses trademark terms and/or appears in any way to represent ALIGN corporate.
c. Affiliates/Ambassadors are prohibited from any paid advertising that directly takes the user to www.alignyourskin.com. It is acceptable to use paid advertising where the landing page or initial visit is your personal website or social media account.
d. The Company’s name, logos, and product names are trademarks and trade names belonging to the Company. The misuse or infringement of Company trademarks may result in disciplinary action as deemed appropriate by the Company, including but not limited to cancellation of the Affiliates/Ambassador’s account or, if necessary, legal action.
e. Affiliates/Ambassadors are required to and responsible for processing and managing any and all returns when conducting direct to consumer sales. ALIGN will not be responsible or held liable for any sale not conducted directly through the ALIGN website.
f. Affiliates/Ambassadors are responsible to read and follow the guidelines as outlined by the Federal Trade Commission (FTC), or any other relevant organizations, pertaining to selling online and must comply with all local and state laws.
g. All claims, including income, quality, and/or product claims must be truthful, not misleading, and in-line with FDA regulations.
h. Affiliates/Ambassadors are solely responsible for any fundraising events they hold or participate in and must fully comply with all local and state laws, as well as MAPP and FTC standards and regulations.
i. Affiliates/Ambassadors must fully comply with MAPP standards as explained here.
j. ALIGN is not responsible or liable for any third-party relationships; it is the responsibility of the Affiliates/Ambassadors to maintain a professional relationship, comply with all Policies and Procedures, and comply with all the policies and rules of conduct, business rules, and local and state laws required by the establishment in which an Affiliate/Ambassador is conducting business, whether online or in person. Failure to comply with this policy is considered a serious violation and ALIGN will take action as deemed necessary and appropriate at its sole discretion, up to and including permanent cancellation of Affiliates/Ambassadors account without a warning.
Making Payments, Submitting Orders, Delivery, and Sales Tax
13.1 Forms of Payment
A. All orders being placed online must be submitted with a valid credit card, or other form of accepted online payment.
B. The Company will accept and process all major credit card payments from customers on an Affiliates/Ambassador’s behalf at no additional cost to them when customers order directly on the ALIGN website using Affiliate/Ambassadors personal sales/referral link. ALIGN does not assume responsibility for declined credit cards. ALIGN is not responsible for any returned checks or overdraft/ACH fees due to insufficient funds.
C. It is the Affiliates/Ambassador’s responsibility to safeguard all credit card information they may be privy to, maintain a secure internet connection on any computer they are using to submit customer orders, and to safely destroy ANY and ALL customer credit card information after the order is complete. It is recommended that Ambassadors keep a copy of each order on file for one year. This is for the protection of the Affiliate/Ambassador in case there is a disputed charge.
13.2 Sales Tax
In all states that have a sales tax, ALIGN’s software system will calculate the appropriate rate based on the applicable tax laws of the jurisdiction. Sales tax will be collected from the customer at the time of the order. ALIGN will remit the sales tax to the state. ALIGN is not responsible for the collection and remittance of sales tax for any cash and carry transactions.
14.1 Business Supplies
Business supplies may be made available to Affiliates/Ambassadors. Some supplies may be available as a free download through the ALIGN Virtual Office. The following applies:
A. Business supplies are not commissionable and do not create any volume for qualifications.
B. The purpose of business supplies is to help promote and build an Ambassador’s business.
C. Business supplies are non-returnable.
D. Should an Affiliate/Ambassador decide to create their own marketing materials, they are permitted to do so for personal or team use only, provided they are compliant in all of the following and do not attempt in any way to profit from materials. Marketing materials may be offered free of charge, at cost, or as a fundraiser for a 501 c3 organization:
a. An Ambassador must include the Ambassador version of the logo prominently;
b. Ambassadors may never intentionally or unintentionally lead any customer, potential customer, or charitable organization to believe they represent the corporate presence.
c. Use the appropriate color palette and fonts as found in the ALIGN Branding Kit.
Payment of Commissions and Bonuses
15.1 Personal Commissions
A. Affiliates/Ambassadors receive personal commissions from products that they personally sell to customers and retail rebates on products that they personally purchase. Personal Commissions and rebates are paid at the same percentage rate, and are based on the retail price of the product. Affiliates are paid 20% commissions on products they personally sell to customers and retail rebates on products they personally purchase. The percentage rate Ambassadors are paid is determined by the PV tier they achieve in the calendar month.
B. In order to receive Commissions as an Affiliate/Ambassador with ALIGN, Affiliates/Ambassadors are required to provide their current, valid and accurate banking information. A valid social security number and/or tax ID will be required. If an Ambassador is working as a partnership, corporation, or LLC, both the SSN and company EIN will be required.
15.2 Commission and Bonus Payments
Personal Volume Commissions are paid out weekly. If an order is under review, the commission’s payment may be delayed. Other Commissions, awards, and bonuses will be paid out by the 10th of the month following the calendar month in which they were earned. All Commissions and bonuses will be paid out to the Affiliate/Ambassadors bank account set up during the enrollment process. Should the 10th fall on a weekend or designated holiday, ALIGN will make every effort to pay all Commissions or bonuses the last business day before the 10th of the month.
15.3 Current Information
Ambassadors are responsible to keep information current with ALIGN. Bonuses and Commissions will be late, missed, or delayed due to missing information or accounts not properly set up. All information must be provided in its complete form at account initiation. No late payment will be expedited if this is the case. Returned Commission payments will be added to the following month’s Commission.
16.1 All advertising and marketing materials used in any form must meet the ALIGN branding guidelines found in the branding kit.
16.2 Affiliates/Ambassadors may not alter the approved logos in any way.
16.3 Approved Advertising and Tools
A. Personal Branding. The Company’s name, logos, and product names are trademarks and trade names belonging to the Company. Ambassadors must not use the Company’s trademarks or trade names in any marketing material that they create with the exception of those marks and images that are approved for use and posted in the Virtual Office. The misuse or infringement of Company trademarks may result in disciplinary action as deemed appropriate by the Company, including but not limited to permanent cancellation of the Consultant’s account or, if necessary, legal action.
B. All Consultants must comply with FTC guidelines and any and all federal/state/local solicitation laws.
Use of Trademarks and Copyrights
17.1 Ambassadors may not use any of the Company’s trademarks or any derivatives of its marks or confusingly similar variations of its marks in any marketing or promotional material that they produce other than those marks and Ambassador logos that can be downloaded from the Virtual Office. The misuse of Company trademarks may result in disciplinary action as deemed appropriate by the Company, including but not limited to legal action.
17.2 Ambassador shall not register or attempt to register or reserve any of the Company’s trademarks or trade names, or any derivatives of such trademarks or trade names (collectively “Marks”) for any internet domain name, URL, subdomain name, email address, or social media handle, address, or name(collectively “Web ID”). If an Ambassador does register any of the Company’s Marks in such a fashion, the Ambassador agrees and hereby acknowledges that the Company owns, and shall continue to own, all rights in and to the Company’s Marks and that the Consultant will discontinue using the Web ID upon demand from the Company. The Ambassador further agrees to immediately reassign to the Company any Web ID that the Ambassador has registered or reserved in violation of this policy at no charge to the Company. The provisions of this Section survive permanent cancellation of the Contract.
17.3 The Company, in its sole discretion, will determine whether a derivative or variation of its Marks is confusingly similar to the Company’s Marks. If the Company determines that a term or word used by an Ambassador is a derivative or variation of a Company Mark, the Ambassador shall transfer the Web ID to the Company pursuant to the preceding policy.
ALIGN Personalized Selling Links/Sites
18.1 When Ambassadors enroll in ALIGN, they will receive access to a Company-hosted personalized selling link/site as long as they maintain an active status with ALIGN.
18.2 Personal Non-Replicated Website
Other than an Ambassadors personalized selling link/site, they may not use the words “ALIGN Your Skin” or any of the Company’s other Marks, phrases, or other trademarked or protected items in connection with any Web ID. Enrollments may not occur on any website other than the personalized selling link/site.
URLs, Email Naming, Blogs, Facebook, Social Media, YouTube, etc.
19.1 Affiliates/Ambassadors may not use the words “Align Your Skin” or other Marks in any Web ID. In addition, they may not use words or Marks in any URL, email, or social media address that would directly or indirectly imply that it may be an ALIGN corporate email, URL, or official corporate page. If they are out of compliance, ALIGN will require them to change the Web ID, URL, or social media address. Failure to comply quickly or amicably will result in immediate cancellation. Any cost for changing marketing materials, including business cards, emails, websites, or advertising will be the Ambassador’s. Questions about compliance may be directed toward Support via email firstname.lastname@example.org
19.2 Affiliates and Ambassadors may use social networking sites, blogs, and other such forums to share information about ALIGN and to conduct sales.
19.3 Affiliates and Ambassadors shall 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.
20.1 Media Inquiries
If an Ambassador is approached by any media entity about ALIGN, they must first contact ALIGN corporate and are not permitted to provide any statement, press release, or media announcement without the prior approval and/or written consent of the Company. ALIGN reserves the right to refuse permission at its sole discretion.
21.1 Return Applicability
Only those products purchased directly from the website www.alignyourskin.com
and shipped directly to an Ambassador and/or customer by the Company can be returned to the Company. The following applies:
A. Defective item(s) or items returned due to Company error, as determined by ALIGN, may be returned to ALIGN. You are responsible for shipping and costs to ship the product back to ALIGN.
B. No return is available for products damaged by abuse or misuse, or for merchandise sold on a close-out or clearance sale, or which is otherwise sold as a “special” or identified as non returnable.
C. Affiliates, Ambassadors and/or customers whose packages are reported undelivered or lost need to first initiate a search request with the carrier. When notifying our support team that your package has not been delivered, the search request information will be required.
D. Return requests that appear to abuse the return policy, in ALIGN’s sole discretion, will not be eligible for a refund or exchange.
E. No returns will be made for subsequent returns of the same product, except when the product is damaged or defective, as determined by ALIGN.
F. ALIGN reserves the right to review each return or exchange on a case-by-case basis. Some returns may cause promotions, credits, volume, commissions, and bonuses to be adjusted or reversed.
G. ALIGN will not accept returns from Affiliates/Ambassadors who bulk buy and/or stock load for large events and/or parties. Affiliates/Ambassadors are held liable for all the inventory purchased and are not permitted to return excess stock to the company due to their inability to sell said product.
ALIGN’s return policy is for the personal purchasing of its customers, Affiliates and Ambassadors; any customer or Ambassador who abuses or misuses the return policy may have their account canceled.
21.2 Product Warranty Returns
If there are quality concerns with your product, please initiate a return using the procedures for returns below within 30 days of purchase. Products proven to be defective will be exchanged for a product of equal or lesser value.
21.3 Satisfaction Returns
If you don’t love your purchase from ALIGN, you may return it for product credit (excludes shipping) within 30 days from the date of purchase and if it is 50% unused (certain limitations and exclusions apply). The Ambassador must use the proper return procedures below, which include prepaying for the return shipping cost. Any products over 30 days from the date of sale are not eligible for return. Please see the return process below for additional detail.
21.4 Procedure for Returns
The following procedures apply to all returns. Please follow the return policy guidelines to avoid delays.
A. Contact email@example.com to approve the return. Returns without prepaid shipping will be rejected and returned to the sender and/or destroyed.
B. The customer or Ambassador who purchased it directly from ALIGN must return the products.
C. The product(s) must be returned in its original container and not more than 50% consumed.
D. All returns must be shipped prepaid to ALIGN. ALIGN does not accept COD packages. Any package sent COD will be rejected and returned to the sender.
E. If a returned product is not received by ALIGN’s distribution center, it is the responsibility of the sender to trace and/or track the shipment. ALIGN is not liable for items lost or damaged packages in transit. Further, ALIGN recommends shipments be sent via a carrier who can provide tracking and insurance for at least the value of the items being returned.
F. In the event of a return, the Volume associated with the return may be reduced in the month the return is received and accepted, which could impact the commission amount being reversed. However, if ALIGN believes Volume is being manipulated with returns, in its sole discretion, ALIGN reserves the right to retroactively reduce the Volume in the month the sale transaction initially occurred.
G. Product credit will ONLY be issued once ALL of the above have been satisfied and the returned items have been fully processed.
21.5 Starter Kit and Cancellation Returns
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.
22.1 Violation of Agreements
If an Affiliate/Ambassador is found in violation of their Affiliate/Ambassador Agreement or these Policies and Procedures, or if ALIGN determines that they have engaged in or are engaging in any illegal, fraudulent,deceptive, or unethical business conduct, they may be subject, at ALIGN’s sole discretion, to one or more of the following corrective measures:
A. A written warning or admonition;
B. A requirement that they take immediate corrective measures;
C. Loss of rights to one or more bonus and/or Commission payments, rewards, incentive trips, etc.;
D. Suspension of the Ambassador’s account for one or more pay period (the Ambassador will not be eligible for compensation during the suspension period);
E. The removal of a frontline Ambassador and their downline organization from the downline organization of the Ambassador found in violation;
F. Involuntary and permanent cancellation of their Ambassador Agreement, and therefore their Ambassador account;
G. Legal action as deemed necessary or appropriate by the Company
H. Any other measure allowed within any portion of the Agreement, or which ALIGN deems appropriate, to equitably resolve injuries caused wholly or in part by their policy violation or con-tractual breach.
22.2 ALIGN may withhold from the Consultant all or part of their bonuses and Commissions while the Company is investigating any potential or alleged misconduct. If their ALIGN business is permanently canceled for disciplinary reasons, they will not be entitled to any Commissions or bonuses withheld during the investigation period. ALIGN may institute legal proceedings for monetary and/or equitable relief at its sole discretion.
Breach of Contract Procedures
23.1 Conditional Obligations
The Company’s obligations to an Ambassador are conditioned upon the Ambassador’s faithful performance of the terms and conditions of the Contract. The Company, in its sole discretion, will determine if an Ambassador is in breach of the Contract and may elect any or all available remedies.
23.2 In the event of breach, the Company may elect to take no action or to exercise some or all contractual remedies and remedies at law or in equity, including but not limited to:
A. Notify the Ambassador either verbally or in writing of the breach and providing a notice to cure the breach;
B. Require from the Ambassador additional assurances of future compliance;
C. Withhold or deny recognition and accompanying rewards;
D. Assess damages and withhold them from Commission payments;
E. Suspend Ambassador rights temporarily or permanently;
F. Seek injunctive relief;
G. Permanently cancel the Contract and Ambassador account; and
H. Seek damages and associated costs.
23.3 It is considered a breach of contract if an Affiliate/Ambassador is not active and in good standing with the company before receiving any award, incentive, or other prize. Any Ambassador not still an active Ambassador in good standing with the company at the time any prize or award is given will forfeit said prize. This includes incentive trips, consistency awards, and bonuses, etc.
Ambassadors are responsible for all verbal and written statements they make regarding ALIGN
products, services, and Abundance Plan (Compensation Plan). Ambassadors will indemnify and hold ALIGN harmless from any and all liability resulting from their actions while contracted as a Ambassador or after permanent cancellation of said Agreement.
All Ambassador lists and information (including addresses, email addresses, telephone numbers etc.) are confidential and therefore the exclusive property of ALIGN. Consultants may use the Ambassador list of their downline solely for purposes of helping support their ALIGN sales organization. Ambassadors are required to keep these lists confidential. Under no circumstances may an Ambassador sell or share the list with any third party or disclose its contents to any third party other than as part of the sale of the business, which must be pre approved by the Company before contents can be disclosed. Additionally, any item or information received by an Ambassador marked as confidential must be treated as such.
Failure to do so could result in disciplinary action at the Company’s sole discretion.
24.3 Governing Law, Jurisdiction, & Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside in and with the Federal and State Courts in the state of Utah, unless the laws of the state in which an Ambassador resides expressly requires the application of its laws, in which case that state’s law shall govern all issues related to jurisdiction and venue. In the event that ALIGN retains an attorney to enforce any provision of these Policies and Procedures, Terms and Conditions, or the Ambassador Agreement, then ALIGN shall be entitled to injunctive relief without the benefit of bond and shall further be entitled to its attorneys’ fees and costs.
The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of the state of Utah shall govern all other matters relating to or arising from the Agreement unless the laws of the state in which an Ambassador resides expressly require the application of its laws.