Heavenly Enhanced Policies and Procedures
Independent Contractor Status
As a Heavenly Enhanced Independent Contractor, herein after referred to as “Enhance Specialist,” you are in business for yourself, but not by yourself. Your status is that of an “independent contractor.” The Heavenly Enhanced Agreement is a contract by which you agree to sell and distribute our products. You establish your own goals, hours and methods of sale, as long as you comply with our policies and procedures and any applicable laws. As an independent contractor, you’re not (and may not represent yourself as) an employee, agent, partner, legal representative or franchisee of Heavenly Enhanced. This means that you’re not entitled to receive a salary or any benefits we offer to our employees. It also means that you don’t have the power or authority to enter into contracts or to incur any debt, obligation or liability on our behalf. You are responsible for your own business decisions and expenses, including the payment of any self-employment, Workers’ Compensation, employment insurance and other fees required by federal, state or local laws.
Eligibility to be a Heavenly Enhanced Enhance Specialist, you must:
- Be at least 18 years old
- Be a citizen or permanent resident of the United States
- Possess a valid Social Security Number or Green Card
- Maintain your own personal email account.
You must give us a valid personal taxpayer identification number (i.e., your Social Security Number) for tax reporting purposes. When we accept your Enhance Specialist Agreement, we will assign you a Specialist ID. The taxpayer identification number you provide must belong to you. If you give us a fake number or a number that belongs to someone else (including your personal business or spouse), we may terminate your Agreement and you risk losing your Heavenly Enhanced business.
Changing your address, telephone number or email address
It’s very important that we have your current address, telephone number and email address so we can send you product orders, support materials, and communications on-time to the right place. You can update your profile quickly and easily through your Back Office. If you move, please give us at least two weeks’ notice to ensure proper delivery of your orders.
One Enhance Specialist per Household
We only recognize one Specialist name for each Enhance Specialist Agreement. You may use a support person to help you with the administrative tasks of running your Heavenly Enhanced business. However, the person who has regular contact with Customers must be the person who has signed the Enhance Specialist Agreement. Your support person can’t attend company functions in your place or in the capacity of an Enhance Specialist without prior authorization from the home office. We only allow guests to attend certain company-sponsored meetings and we may have requirements for guests, like pre-registration, payment of an attendance fee, etc. We only allow one individual per household to be a Specialist. A “household” includes spouses and dependent children living at or doing business at the same address. A Specialist and members of their household can only have (or have an interest in) one Heavenly Enhanced business.
The only exception to this rule would be a legally married couple who work the business as a team. In this instance, they would still need to use one person’s name and social security number or form a business entity and submit their EIN number to Heavenly Enhanced. In every case, for recognition purposes or promotions/incentives, only one reward is allowed per Specialist ID Number, unless otherwise stated on a promotion.
How do I become a Heavenly Enhanced Enhance Specialist?
You can apply to become an Enhance Specialist by signing and submitting a Heavenly Enhanced Enhance Specialist Agreement and purchasing a Starter Kit. Submitting your Specialist Agreement is simple, just:
- Submit it online through your Sponsor’s website or on our website.
As soon as our Home Office approves your Enhance Specialist Agreement, we will ship your Starter Kit and you’ll be ready to start your Heavenly Enhanced business!
You have the choice of resigning and terminating your Enhance Specialist Agreement at any time and for any reason by giving us notice. When you resign, you’re responsible for notifying your Sponsor and any Downline Team Members. If you choose to resign, your status will be inactive in the system and you will not be able to rejoin Heavenly Enhanced for six months.
Termination by Heavenly Enhanced
We can terminate your Enhance Specialist Agreement at any time for any reason by giving you notice (in writing or email) of our decision. Once terminated, you will show inactive in the system.
Some of the circumstances that may lead us to terminate your Agreement include:
- You don’t follow (or you act in a way that is inconsistent with) your Enhance Specialist Agreement or any of our policies and procedures
- You violate a law
- You don’t submit payments to us in a timely manner
- You discredit us, our reputation or our products
- You misrepresent our products or the Heavenly Enhanced opportunity
We also reserve the right to terminate all Enhance Specialist Agreements upon 30 days’ written notice if we elect to:
- Stop operating our business
- Dissolve as a corporate entity
- Decide to stop distributing our products through direct selling
Effect of Resignation or Termination
The termination of your Enhance Specialist Agreement (whether by you or us) will become effective after we’ve issued commission checks in the month following the month in which your Agreement was terminated.
Upon Termination of your Enhance Specialist Agreement:
- You’ll no longer have the right to offer or sell our products and you must stop representing yourself as a Heavenly Enhanced Enhance Specialist. We will terminate your right to use or access your Replicated Website and your Specialist ID
- We’ll pay commissions and bonuses you earned for the last full, pay period you were Active prior to your termination
- You waive all rights to your Downline, including property rights and your right to receive future commissions, bonuses or other income resulting from sales by your Downline
- Your Downline will “Roll-Up” to the first level of your Sponsor. The company reserves the right to “place” your downline should circumstances warrant.
- You’ll lose any gift certificates, rewards, incentives, and credits you have earned for products and business supplies
- You’ll promptly pay any amounts you owe us
Returning Your Starter Kit and Business Supplies
We offer business supplies and promotional materials, as well as products (purchased separately from the Starter Kit) at a discount for your convenience. When your Enhance Specialist Agreement is terminated, you may return any Starter Kits and business supplies that you personally bought from us during the previous year. We will refund you 90% of the net cost of the original purchase price so long as the returned item is “resalable,” which means:
- It is returned unopened and unused
- Its packaging and labeling haven’t been changed
- It hasn’t been personalized or customized
- It is in “resealable condition,” which means it is in a condition that is “good enough” for us to resell at full price.
- It was not identified as nonreturnable, discontinued or seasonal when you bought it
The shipping and handling fees you paid to have your Starter Kit and business supplies shipped to you or to return those items to us are not eligible for a refund. If we paid you a commission on any of the items you return to us, we will deduct the amount of the commission from your refund.
If you’re a resident of Louisiana, Massachusetts or Wyoming, then you may return your Starter Kit and business supplies to us at any time for a refund of up to 90% of the purchase price so long as they are resalable. If you reside in Montana, you can cancel your Enhance Specialist Agreement within 15 days from the date you enrolled and return your Starter Kit and business supplies to us for a full refund.
We may suspend your account if you owe us money or if we suspect you have violated one of our policies or procedures. If we suspend your account, you may not be allowed to place orders, receive compensation or incentives, register for company sponsored events or obtain other Enhance Specialist benefits until your account is current or the violation is resolved. We may deactivate your right to use or access your Replicated Website and your Specialist ID.
If my Agreement is terminated or I become Inactive, may I rejoin Heavenly Enhanced?
There are three ways your Enhance Specialist Agreement can be terminated:
- You decide to resign
- You fail to keep your website fee current and we automatically terminate your Agreement
- We terminate your Agreement because you violated our policies and procedures
If your Enhance Specialist Agreement is terminated for one of these three reasons, you may be able to rejoin Heavenly Enhanced. We reserve the right, at our sole discretion, to deny your request to rejoin Heavenly Enhanced.
How to Rejoin
- Meet all the qualifications to be a new Enhance Specialist
- Submit a new Enhance Specialist Agreement
- Purchase a new Starter Kit
When you rejoin Heavenly Enhanced, you can sign up under your original Sponsor or a new Sponsor. If you wish to rejoin with a new Specialist ID and Sponsor, it’s important to note that you must wait at least six months following a resignation before you can apply to rejoin Heavenly Enhanced.
Incentives and Rewards
When you rejoin with a new Specialist ID, you’ll be eligible to earn any incentives we are offering to new Specialists provided you have been in Terminated Status for a minimum of 12 months.
However, if you re-activate through your original Sponsor and retain your current Specialist ID,
you won’t be eligible for new Specialist reward programs (like Fast Start) and you won’t count as a new recruit for purposes of contests and trip incentives.
When your original Enhance Specialist Agreement is terminated, or if you become Inactive, you waive all of your rights to your Downline, which “Rolls-Up” to the first level of your Sponsor. You will not get your Downline back when you rejoin or re-activate with Heavenly Enhanced.
May I take a leave of absence from my Heavenly Enhanced business?
We know there are times when you may need to take time off from your business for personal reasons. We offer Specialists the opportunity to take leaves of absence under certain circumstances without impacting their status. All leave requests are subject to our approval at our sole discretion.
We allow Specialists to apply for a Personal Leave of up to three consecutive months during one 12- month period. You will maintain your Active status during your leave, but you won’t be able to promote to the next status level and no downline overrides will be paid.
Your leave request is subject to our approval at our sole discretion.
We recognize there are instances where you or your spouse may be an active member of the U.S. military. In the event you and/or your spouse are deployed, you have choices. You may continue your Heavenly Enhanced business with some special restrictions and a Plan of Accountability in place or you may request for your account to be “on hold” during the deployment.
If we approve your request, your downline will Roll-Up to the first level of your Sponsor and you won’t receive commissions or overrides for the length of your deployment. The “pass-by” rules will continue to apply during your military leave. Upon your return to the U.S., you will be returned to Active status if you submit an order of at least $100 in Personal Volume.
Recruiting from Other Direct Selling Companies
Our Specialists are not allowed to intentionally contact the Consultants/Distributors of other direct selling companies to recruit them for Heavenly Enhanced. However, if someone affiliated with another direct selling company contacts you about becoming a Specialist, then you may respond to their inquiry as you would any other potential recruit.
Soliciting Heavenly Enhanced Customers and Specialists
You agree that during the term of your Enhance Specialist Agreement and for six months after it ends, you will not (and will not attempt to) directly or indirectly (on behalf of yourself or any other person or entity):
- solicit or induce any Specialist to terminate or alter their business relationship with us, or
- recruit, sponsor, solicit, enroll, encourage or influence (in any way) other Specialists (except for Specialists you personally sponsored) or Heavenly Enhanced Customers to enroll or participate in another multilevel marketing, network marketing or direct selling opportunity.
You understand and agree that:
- Any effort to limit the geographic scope of this non-solicitation provision would render it wholly ineffective because direct selling is conducted through networks of independent contractors dispersed across the U.S., and business is commonly conducted via the internet and telephone
- This non-solicitation provision will apply nationwide
- This non-solicitation provision will survive the termination of your Enhance Specialist Agreement
We think it’s important to respect and protect the hard work our Specialists devoted to building their teams. We don’t allow Specialists to change Sponsors.
How will I receive payments from Heavenly Enhanced?
As an Enhance Specialist, you’ll be eligible to receive commissions, bonuses and overrides on your sales of Heavenly Enhanced products and your sales generating activities, including building a Downline organization. You must be Active and in compliance with all our policies and procedures in order to be eligible to receive commissions, bonuses and overrides.
We pay commissions when the sale takes place, provided you have collected payment on an order in the form of cash or check made payable to you. In the event an order is paid in full by a customer’s credit card, the amount due to you on the order goes into an overage account in your virtual back office and any balance in this account is paid twice a month. All orders received between the 1st and the 15th of the month, personal commissions or rebates are paid by the 20th of the month. For all orders received between the 16th and the close of the month and paid by the 5th of the following month. This payment will also include any overrides you are eligible to receive.
If the payment dates listed above fall on a holiday or a weekend, we will make the payment on the following business day.
Form of Payment
We will issue payments to the name of the Specialist listed on your Enhance Specialist Agreement paid by PayPal or Direct Deposit to the Enhance Specialist’s name only.
Errors or Questions
If you believe we have made any errors regarding your payments, charges, or Downline, you must give us written notice within 30 days of the date of the purported error. We’re not responsible for any errors, omissions or problems you don’t report to us within 30 days.
We have the right to offset any amounts you owe us (including the repayment of commissions resulting from product returns) against the commissions or other amounts we owe you.
Do I have to pay taxes on the income I receive from Heavenly Enhanced?
Yes, you’re required to report your commissions and other earnings from your Heavenly Enhanced business as income in your tax filings each year. Your other earnings include your overrides, free products, host and other business credits, trips, etc. For tax purposes, you are “self-employed” and it’s important that you keep complete and accurate records of your business income and expenses. There are some tax benefits for self-employed individuals that may allow you to deduct certain business expenses. We strongly recommend that you talk with your own tax advisor to learn how the tax laws apply to your Heavenly Enhanced business.
As an Enhance Specialist, you’re a self-employed, independent contractor of Heavenly Enhanced. You’re not an employee of Heavenly Enhanced and we won’t issue you a Form W-2. The U.S. Internal Revenue Service (“IRS”) requires us to issue a Form 1099 to every Enhance Specialist who earns $600 or more during the previous calendar year. By January 31st of each year, we’ll issue you a Form 1099 for the previous calendar year. Your Form 1099 will include all of your earnings from your Heavenly Enhanced business, including your commissions and the other earnings described above. You’ll have to report the income from your Heavenly Enhanced business on Schedule C of your federal income tax return. Because you are self-employed, you may be able to deduct certain business expenses like the use of your vehicle or home office. You can discuss this with your tax advisor and/or contact the IRS for more information at www.irs.gov or (800) 829-1040. Also, if your state and/or city collect income tax, you may need to file income tax forms with them, too.
What are the policies for selling Heavenly Enhanced products?
We are a party plan/social selling direct selling company. The success of your Heavenly Enhanced business depends on your relationships with Customers and fellow Enhance Specialists. We encourage you to be creative in your sales strategies, but your first approach should always be home parties. Our sales policies are intended to promote personal, long-term relationships with Customers instead of one-time or short-term sales.
Truthfulness and Integrity
Whenever you are selling our products, it’s very important that you act with integrity. You need to truthfully represent Heavenly Enhanced, yourself, and our products. Any misleading, deceptive or unfair sales practice is not allowed and could result in the termination of your Enhance Specialist Agreement. Your explanation and demonstration of our products must be truthful and complete, especially when you discuss our prices, return policy, payment terms, and delivery. It’s important that you build personal relationships with Customers based on mutual respect and trust. You should only contact Customers during reasonable hours of the day/evening and a “hard sell” is not appropriate. If you’re asked to stop a sales presentation or contacting a Customer, please honor their request immediately.
Enhance Specialists are also expected to comply with local state and federal laws and regulations applicable to all aspects of your Heavenly Enhanced business.
Sales Receipts and Customer Cancellation Rights
We provide “triplicate” order forms to be used for parties and other “in-person” sales. The order form also serves as the Customer’s official receipt. The law requires that you give the Customer two copies of the sales receipt, so keep the white copy and give the yellow and pink copies to the Customer. The back of the order form contains our Warranty and Notice of Cancellation. Customers who place “in person” orders of $25.00 or more have a legal right to cancel an order within three business days (i.e., 72 hours excluding Saturdays, Sundays and legal holidays) or five business days for Alaska residents. You’re also required by law to tell customers about their right to cancel orders within three business days (five days for Alaska residents) and to make sure that the date of the order is correctly entered on the order form. If a customer cancels an order within the applicable cancellation period, you must promptly refund their money (as long as any products they received are returned to you in substantially the same condition). If a Customer cancels an order that you’ve already submitted to us, please contact Customer Service at firstname.lastname@example.org.
You will need to keep your copy of each sales receipt for one year and provide it to us if we ask for it. If a customer purchases product online through your Replicated Website, they will receive an order confirmation email. It’s very important that you protect Customers’ personal and credit card information.
Some local governments might have rules or ordinances that limit how you can conduct your Heavenly Enhanced business. We recommend that you contact your local government office to find out if you’re required to get any licenses to run your Heavenly Enhanced business. If you live in a subdivision, condominium or apartment complex, then you should check with your homeowner’s association or landlord to find out if there are any rules about operating a home-based business. It is your responsibility to obtain any licenses you need to operate your Heavenly Enhanced business.
No Exclusive Territory
You’re an independent contractor not a franchisee. We don’t grant our Enhance Specialists exclusive territories, so you may sell our products and sponsor new Enhance Specialists throughout the United States.
We do our best to keep our products in stock for quick shipment, but sometimes the demand for a popular item will exceed our supply. When this happens, we’ll put the item on our “Discontinued,” “Low Inventory Alert” or “While Supplies Last” lists.
By checking these lists prior to each party, you can make sure you don’t sell products that are no longer available, and you’ll be able to set Customer expectations about when they will receive their orders. In the unlikely event that an item is placed on backorder, you will have two options. You can contact the customer for their choice of a replacement item or cancel the item for a refund. In any event, Heavenly Enhanced Customer Service Department will gladly assist you.
Selling for Other Direct Selling Companies
As a Heavenly Enhanced Specialist, you are an Independent Contractor and as such, we do not prohibit you from selling for other Direct Sales Companies, however your Heavenly Enhanced business must be run separate and independent of any other sales opportunity you may be involved in. You may not sell products from other companies at any Heavenly Enhanced events, including but not limited to parties and/or booths in any venues.
Discounting Heavenly Enhanced Products
We are pleased to offer you a discount on our products, and we hope you’ll use it to buy products for yourself or to give as gifts. We have to protect the value of our brand and provide a level playing field for all of our Specialists. Therefore, you can’t “undercut” the retail prices of our products by widely sharing your discount. Sharing an ongoing discount at your parties, through your Replicated Website like “order online today and I’ll rebate you 10%” or any other sales channel (like Facebook) is not allowed. This behavior is unfair to us and fellow Specialists. We do allow you to offer limited, short-term incentives to Customers only if:
- The offer is to a small group of Customers (NOT all Customers or anyone who can see your website or public Facebook page or profile)
- The offer lasts for seven days or less
- You offer incentives no more than once per month. Examples of these limited incentives include offering a discount to someone who books a party or offering free shipping on orders over a certain amount. If you decide to offer a limited incentive, you will incur its cost.
Buying Extra Products and Improper Enrollment of Enhance Specialists
It’s important that you always act with honesty and integrity in conducting your Heavenly Enhanced business. You won’t be successful if you buy products or engage in any other scheme just to qualify for Specialist status or Paid-As Title advancement, incentives, commissions, overrides, bonuses, sales contests, promotions or Personal Volume requirements. Please purchase only the amounts of products you reasonably expect to use or sell to Customers during a single month. You can keep samples to use at parties and a small quantity of products on hand for Customers who may need something at the last minute.
You must never engage in the following activities:
Buying Extra Products
- Buy products or engage in any other scheme just to enroll and/or qualify for Specialist status or Paid-As Title advancement, incentives, commissions, overrides, bonuses, sales contests, promotions, or Personal Volume requirements
- Submit one of your parties or Customer orders under a downline Specialist to advance you or them
- Represent to potential recruits and/or Customers that there is any obligation for a Specialist to buy products or business supplies beyond the Starter Kit
- Represent to potential recruits and/or Customers that commissions, overrides or other earnings can be obtained solely from purchasing inventory rather than selling products to Customers
- Keep excessive inventory. You may not “inventory load” or encourage other Specialists to do so
Improper Enrollment of Enhance Specialists
- Enroll individuals (real or fictitious) as Enhance Specialists without their knowledge and permission
- Enroll an individual who resides at the same household as a current Enhance Specialist
- Enroll an Active Enhance Specialist within a different line of sponsorship. We don’t allow recruitment of Specialists from one sponsorship line to another
- Purchase a Starter Kit for a new Consultant
- Swap a Starter Kit in return for products and services
If you engage in any of these unethical behaviors, then you may be subject to disciplinary action including possible termination of your Independent Enhance Specialist Agreement.
Ordering as an Enhance Specialist
Notes on Submitting Orders:
- Include full and proper payment when orders are submitted
- Be sure to place your orders in a timely manner.
- Once you submit an order through your Virtual Office, it cannot be changed!
Order Deadlines and Site Downtime
Any orders you want to count for the commission period must be successfully submitted before midnight central time on the last calendar day of the month in order to be included in your Personal Volume for that month and to be counted for sales contests, incentives, etc. We reserve the right to require different order deadlines for special order types.
We strongly recommend that you submit party orders promptly after the party is closed. Don’t wait until the end of the month to submit orders! You understand and agree that our website may be shut down from time to time for maintenance or for reasons beyond our reasonable control. We won’t be liable to you for any damages you may incur because of any website shutdown, Internet transmission delays, processing time on our servers or inability to access our website or your Virtual Back Office for any reason.
Customer Payments and Protecting Customer Information
We will process credit card payments from customers. However, you’re responsible for collecting Customers’ payments. If a Customer’s credit card is declined, you can remove that Customer’s items from the Order, or you can collect another form of payment from the Customer before submitting the Order. We’re not responsible for declined credit cards.
Here are some rules you need to know about Customers’ credit card payments:
- The billing address for the credit card must match the Customer’s address on the order form. If it doesn’t match, the credit card company may not accept the charge
- You should process credit cards carefully, making sure the proper amount is charged only once, and avoiding multiple authorizations. All charges applied to a Customer’s Credit Card must be directly tied to a purchase of Heavenly Enhanced merchandise only.
- You should process orders as close as possible to the time you will close and submit your party, because the credit card company may not honor “old” authorizations
- The order form is the only place where a Customer’s credit card number should be written or kept. Once you have submitted the order through your Virtual Back Office, you need to black out all but the last four digits of the credit card number on the order form. It’s also very important that you take reasonable steps to protect Customer credit card information (which is considered sensitive personally identifiable information) and other Personally Identifiable Information.
Personally Identifiable Information is information that can identify an individual. It is broadly defined, and includes things like an individual’s name, postal address (even just the zip code alone), email address, phone number, IP address, social media username or identifier, and similar types of information. There is also “sensitive” PII for which you should take additional measures to protect. Sensitive PII would include an individual’s: • Social Security or government identification number • Driver’s license number or state-issued identification card number • Bank account number, or credit or debit card number or checking account number
You’re responsible for:
- Taking steps to protect Personally Identifiable Information, especially sensitive PII, from unauthorized access and ensuring it’s not shared with anyone
- Covering all but the last four digits of credit card numbers on order forms with a black marker (on both the front and back sides of the order form) after submitting orders through your Virtual Back Office (It is not necessary to record credit card numbers on the Order Forms if using the mobile app for orders and payments)
- Safely and promptly discarding all Personally Identifiable Information that you have once it is no longer needed (order forms should be destroyed after one year)
- Making sure the computer you use to access your Virtual Back Office, or any secured Heavenly Enhanced website is password-protected and is using an internet security tool that includes antivirus, antispyware and firewall technology that is updated regularly
- Keeping your Virtual Back Office secure - Your Virtual Back Office contains sensitive information about you and your Customers, it is important to protect it with a strong password and don’t share it with anyone
- Having a secure connection to your Virtual Back Office and any secured Heavenly Enhanced website means you should make sure that your home Wi-Fi connection is secure, and you should not connect to your Virtual Back Office from any “public” Wi-Fi connections like restaurants and Internet cafes
- Not accessing your Virtual Back Office or any secured Heavenly Enhanced website through any type of mechanical, scripted, automated or robotic means
- Not accessing your Virtual Back Office through any public kiosk, public use computer or other untrusted computer system
Shipping and Handling
We charge shipping and handling fees on all orders, including all forms of Retail Orders (including parties), Business Supply Orders, and orders for Starter Kits.
Shipments to Alaska, Hawaii carry higher fees.
Shipping to APO/FPO Addresses We ship to APO/FPO addresses. An APO/FPO address is a special address used to send mail to military personnel on domestic and international United States military bases. APO means “Army Post Office” and FPO means “Fleet Post Office.” There are no extra fees to ship to an APO/FPO address. All of our standard shipping rates apply.
We will ship directly to the designated Department of Defense (DoD) facility. From there, United Stated Postal Service (USPS) and the Military Postal Service Agency (MPSA) will complete the delivery.
Shipping from the DoD facility to the military base will require extra transit time.
Address Changes for Orders
Once an order is submitted to us, it can’t be changed. If an address change is required, you may contact Customer Service at email@example.com. We can’t guarantee that we will be able to change the address prior to shipment. If we have to change an address during shipment or if an order is returned to us because of an address error, you will be charged additional shipping and handling fees.
When you become an Enhance Specialist, you authorize us to collect and remit to the proper governmental agencies, the applicable sales/use tax generated as a result of your sales of products, as outlined below. When orders are placed, sales tax is based upon the retail price of the items. You agree to be bound by all sales tax collection agreements between us and all appropriate taxing jurisdictions, and all related rules and procedures.
Here’s how sales tax works for your Heavenly Enhanced business:
- When Customers purchase products, we calculate, collect and remit the sales tax to the appropriate tax agency based on the retail amount of the order and the location of the ship-to address
- When you purchase products or business supplies, we calculate, collect and remit sales tax to the appropriate tax agency based on the retail amount of the order and where it’s being shipped.
- When you use business credits on your order, the tax is still calculated based on the full retail price of the items
- Host Credits (i.e., free products received by Host) and Host Discounts (i.e., items purchased by a Host for ½ price) are be subject to sales tax.
Heavenly Enhanced wants our customers to be satisfied with their purchases. If for any reason our product does not meet your expectations, please contact your Enhance Specialist within 30 days of receipt of the order for assistance with your return or exchange. This warranty does not apply to normal wear and tear.
It’s important to understand that Customers have a legal right to cancel their orders within three business days (five business days in Alaska). Please see “Sales Receipts and Customer Cancellation Rights” above for more information about this.
Refund on Return
We encourage Customers to exchange for the same item being returned. However, if they request a refund, then we’ll deduct the amount of any commissions or overrides you received for those products from any amounts you are to be paid. This deduction will occur for the month in which we process the return (and will continue every month after until the entire amount of the commission or Override is recovered).
Our business model at Heavenly Enhanced is the Party Plan/Social Selling model. While we encourage Parties to be your main channel for sales, we do understand that other opportunities for selling your Heavenly Enhanced Products may arise. We want you to sell products through parties, so we don’t allow Specialists to sell products at any “retail locations” like a retail store or a permanent kiosk in a mall. We do allow our products to be sold in a salon retail location provided that the seller is an Enhance Specialist. You’re free to conduct parties at restaurants and other on the go locations, such as coffee shops. Selling at temporary events such as fairs, festivals and women’s show is encouraged and allowed provided the event is no longer in duration than 14 consecutive days.
Mail Order Houses and Distribution Centers
We don’t allow our Specialists to advertise, promote, sell or recruit through mail order houses or distribution centers. A company that creates letters to send out to Customers encouraging them to buy something via the mail is an example of a mail-order house.
Trade Shows and Expositions
Trade shows, expositions, fairs and similar events provide you with an opportunity to market your Heavenly Enhanced business. Your goal at these events should be to book parties and find recruits. Your product sales at these events may benefit you in the short-term, but your Heavenly Enhanced business will become stronger through party bookings and new recruits. Please consider how the time you will devote to preparing for this type of event will impact the time you have available to conduct parties.
Here are some rules you need to know about trade shows, expositions and similar events:
- You need to register for the event as an Independent Heavenly Enhanced Enhance Specialist. The contract will be between you and the organization holding the event. We are not responsible for your participation or results
- You can’t sell products at the event for more than the current retail price
- You have to staff your booth or exhibit at all times, and you can’t share it with another business
- The first Enhance Specialist to register for the event has the right to conduct the event. Before you register for the event, you should check with the event promoter to see if another Enhance Specialist is registered and/or if more than one Specialist may be represented
- Your marketing materials for the event need to comply with our policies.
- You are responsible for all permits, fees, licenses and insurance that may be required to participate in the event
If you sell products or host a party at a facility, you may be asked to provide proof of general liability insurance. We recommend that you talk with your insurance agent about whether you need coverage for a small and/or home-based business.
In the U.S., the Federal Trade Commission (“FTC”) and the Federal Communications Commission (“FCC”) each have laws that restrict telemarketing practices. Both of these federal agencies (as well as most states) have “do not call” regulations and regulations regarding when calls can be made as part of their telemarketing laws. You may not consider yourself to be a “telemarketer” in the traditional sense of the word, but these regulations broadly define the term “telemarketer” and “telemarketing” so that your inadvertent action of calling someone whose telephone number is listed on the federal “do not call” registry or calling someone during prohibited hours could cause you to violate the law. You have to take these regulations very seriously because significant penalties can be imposed if they are violated. You may not engage in telemarketing in the operation of your Heavenly Enhanced business. The term “telemarketing” means placing telephone calls to an individual or entity to induce the purchase of a Heavenly Enhanced product, or to recruit them for the Heavenly Enhanced opportunity.
“Cold calls" made to prospective Customers or Enhance Specialists that promote our products or the Heavenly Enhanced opportunity constitute telemarketing and are prohibited. However, you can place a telephone call to a prospective Customer or Specialist (a “prospect”) in the following situations:
- You may call people with whom you have an established business relationship. An “established business relationship” is a relationship between you and a prospect based on the prospect’s purchase, rental, or lease of goods or services from you, or a financial transaction between you and the prospect, within the six (6) months immediately preceding the date of your telephone call to induce the
- prospect’s purchase of a product.
- You receive written and signed permission from the prospect authorizing you to call. The authorization must specify the telephone number(s) that you are authorized to call.
- You may call family members, personal friends, guests who have attended a Heavenly Enhanced party you conducted, and acquaintances. An “acquaintance” is someone with whom you have at least a recent first-hand relationship within the preceding three (3) months. Remember that if you engage in “card collecting” with everyone you meet and subsequently call them, the FTC considers this a form of telemarketing that is not subject to this exemption. So, if you engage in calling “acquaintances,” you must make these calls on an occasional basis only and not make this a routine practice.
- You may not use automatic telephone dialing systems or software in the operation of your Heavenly Enhanced business. This means that you cannot use a computer to send text messages to more than one person.
- You may not place or initiate any outbound telephone call to any person that delivers any pre-
- recorded message (a “robocall”) regarding or relating to our products or the Heavenly Enhanced opportunity.
- To comply with state and federal laws about the time telemarketing calls can be made, you should try to place your calls between 10:00 a.m. and 8:00 p.m. Also, do not make calls in any state on national holidays or on Sunday in Alabama, Louisiana, Mississippi, Rhode Island, South Dakota and Utah. Of course, any time a Customer asks that you no longer call them, you must honor their request unless your call is about an existing order.
Identify Yourself as an Independent Heavenly Enhanced Enhance Specialist
To avoid any implication that your independent Heavenly Enhanced business is Heavenly Enhanced Home Office, you must always: Use your own name and clearly identify yourself as an Independent Heavenly Enhanced Enhance Specialist. This applies to all of your communications (verbal and written), marketing (print and online), telephone listings and greetings, business cards, etc.
For example, list your Title with Heavenly Enhanced after your name (e.g., “Susan Smith, Independent Heavenly Enhanced Enhance Specialist”). For all Specialist-produced marketing (includes all print and recordings) that has been approved, include the following disclosure: This marketing material was created by [NAME], an Independent Sales Consultant for Heavenly Enhanced, who is solely responsible for its content. Heavenly Enhanced does not endorse and is not responsible for the content of this marketing material.
For your bank accounts, credit applications or other business forms, you also can’t use the Heavenly Enhanced name. Checking accounts can simply be designated as “Business Accounts.” If you need to list a business on your checking account, credit application or other form, use your name and “Heavenly Enhanced Independent Consultant.” This is intended to avoid any implication that your Independent Heavenly Enhanced business is our Home Office.
Protecting the Heavenly Enhanced Name, Logo, Designs, Images & Symbols
Because we need to protect the value of the Heavenly Enhanced name, we won’t allow any unauthorized use of our name, logo and/ or designs, copyrights, images or symbols. You can’t sell any crafts, jewelry, clothing, business supplies or similar items that include our name, logos, trademarks, designs, images or symbols. Also, you may not alter or change our name, logo, trademarks, designs, images or symbols. For example, you can’t change the background color or script of the Heavenly Enhanced logo.
You understand and agree that you won’t try to register any these items as a trademark, copyright or domain name and, if you do so anyway, you agree to assign the trademark application or registration, or copyright or domain name registration to us.
By signing the Independent Enhance Specialist Agreement, you understand that you are assigning to us any rights you may have to words, images, phrases, taglines, and/or ideas developed or coined within the Heavenly Enhanced community, and that we may register any of these items at our sole discretion.
We produce a variety of sales aids, business tools, and support materials to help you promote your business. We carefully design these materials to ensure that they’re fair, accurate and comply with all applicable legal requirements. Although we respect your passion for Heavenly Enhanced, we strongly recommend that you use the materials we’ve created rather than your own materials.
You can’t use your materials unless we give you prior written permission. We’re not responsible for any costs you incur to create your own materials (including losses you may incur if we deny or rescind permission for you to use your materials) nor do we assume any liability for its contents.
Talking to the Media
It’s very important that the media receive accurate and consistent information about Heavenly Enhanced, so our Home Office is the primary contact for the media. There are also some important rules to follow if you’re contacted by the media about your Heavenly Enhanced business. You may not talk to the media about your Heavenly Enhanced business without our prior written permission. Please submit your request at least five business days prior to the interview.
To help you start your Heavenly Enhanced business, you’ll be charged a monthly subscription for a replicated website that resides on the heavenlyenhanced.com domain. A monthly subscription fee will be charged to the credit card you have on file with us for the Replicated Website. The replicated website contains a Virtual Back Office and other business building and management tools to help you develop and operate your Heavenly Enhanced business. Residents of North Dakota are not required to purchase a monthly subscription. You may cancel or make changes to this monthly subscription at any time by contacting Heavenly Enhanced.
If your Independent Enhance Specialist Agreement is terminated, any fees you paid for a monthly subscription are nonrefundable, except if a refund is required under the law of your state of residence.
Here are some rules you should know about your Replicated Website:
- You may not alter its look (placement, sizing, etc.), functionality or branding.
- You may not use it to promote, market or sell non-Heavenly Enhanced products, events or income opportunities.
- We can receive analytics and information about the usage of your Replicated Website.
Unsolicited Email Spamming / Mass Emailing
You’re not allowed to transmit mass, unsolicited emails to promote Heavenly Enhanced, our products or the opportunity to people who you don’t know, or who haven’t given you permission to contact them. You are permitted to communicate with individuals who are “opt in” subscribers (people who have initiated a request to be included in bulk emailing, newsletter or other standardized communications from you and you have proof of the request). Any email you send that promotes Heavenly Enhanced, our products, or the opportunity must:
- Have a functioning return email address to the sender
- Contain a notice that advises the recipient that they may reply to the email, via the functioning return email address, to request that future email solicitations or correspondence not be sent to them (a functioning “opt-out” notice). Please note that all emails and all marketing emails automatically append this opt-out link for you
- Include your physical mailing address
- Clearly and conspicuously disclose that the message is an advertisement or solicitation
- Not contain deceptive subject lines and/or false header information
- You must honor all opt-out requests, whether received by email or regular mail
Once someone has opted-out of receiving Heavenly Enhanced related emails, you may no longer send them emails (even from your personal email address) to invite them to Heavenly Enhanced parties or to sell them Heavenly Enhanced products. However, you may send them emails about orders they placed or in response to their inquiry (including responding to their request to participate in or host a Heavenly Enhanced party).
You may not use or transmit unsolicited faxes in connection with your Heavenly Enhanced business. The term “unsolicited faxes” means the facsimile transmission of any material advertising or promoting our products or the Heavenly Enhanced opportunity. Although there are some narrow exceptions to this rule, the legal regulations are strict and carry significant penalties.
Spam linking is defined as multiple consecutive submissions of the same or similar content into blogs, wikis, guest books, social media sites, websites or other publicly accessible online discussion boards or forums and is not allowed. This includes blog spamming, blog comment spanning, and/or “spamdexing.” Any comments you make about you and your Heavenly Enhanced business on blogs, forums, guest books, etc., must be unique, informative, and relevant.
When directing readers to your Replicated Website, it must be obvious from the link and the surrounding context that the link is to the site of a Heavenly Enhanced Independent Enhance Specialist. We do not allow any attempts to mislead web traffic into believing they are going to a Heavenly Enhanced corporate website, when in fact they land at an Enhance Specialist site (replicated). The determination as to what is misleading will be at our sole discretion. The use of “hotlinks” is strictly prohibited.
Social media is a great tool to build community and strengthen relationships when used appropriately. Social media includes Internet forums, blogs, wikis, social networks (Facebook, Pinterest, Instagram, Twitter, YouTube, Vine, Periscope, etc.), podcasts and any other form of user-generated content shared on the Internet.
Social Media is also a great way to provide our Customers and Enhance Specialists with a simple, easy, and fun space to interact with each other. We want to ensure that the Heavenly Enhanced brand, as well as your Heavenly Enhanced business is protected, by helping you avoid interactions that may be perceived as negative.
We know there will be new social media platforms and new features emerging all the time and we will review these to determine if and how they fit into our policies on social media. Before you begin to engage on social media, remember, post with care! Items you post online may be indexed by search engines, so they can and will remain public and be associated with you even if the original post is deleted. Never participate in social media when the topic being discussed may be considered a sensitive situation. For example, complaining about out of stock product is a customer service topic and is not appropriate content for Enhance Specialists to post on the official Heavenly Enhanced Facebook Page. If you aren’t sure if a topic is considered a sensitive situation, it’s best not to post anything at all. Instead, direct questions or concerns to your Upline.
Your Personal Facebook Profile is for non-commercial use, meaning that you may not use it to directly sell products, recruit or post your Heavenly Enhanced replicated site. This profile should be all about you. A personal Facebook profile is required in order to create and manage a public figure (business-person) page on Facebook. Current Facebook policies dictate that each Facebook user can only have one personal Facebook profile.
Public Figure Page/Business-Person Pages look similar to personal profiles but offer unique tools for your business. You must have a personal profile in order to create and manage a business page. Unlike personal profiles, the information that you post to your business page is visible to anyone who “likes” the page. A public figure (business-person) page is necessary for all forms of Facebook advertising objectives with the exception of “Clicks to Website.”
Facebook Groups are meant for more intimate and targeted conversations. In order to participate in Facebook Groups, you must have a personal Facebook profile. You cannot interact in a Facebook group using a Public Figure (business-person) page.
Closed Groups are meant for more intimate and targeted conversations (with teams, Uplines, Hosts, Customers and peers). Using a closed group allows you to share specific and more detailed information about a particular topic that is only suited for that particular audience.
Heavenly Enhanced Home Office Groups are meant to be a place for connections, conversations and idea sharing. They are meant to be a resource that provides instant access to your peers and their extensive knowledge base.
Additional Facebook Guidelines
Here are some additional guidelines and information to follow when using Facebook (personally and for your Heavenly Enhanced business): We expect you to abide by Facebook's terms and conditions when it comes to your Personal Facebook Profile, which can be found here: facebook.com/policies. Specifically, Facebook’s community standards dictate what is and is not acceptable for your Personal Facebook Profile: www.facebook.com/communitystandards
Do not use Facebook to support your Heavenly Enhanced business until you review Facebook’s terms and conditions (facebook.com/policies) in order to: protect our brand and your Heavenly Enhanced business, ensure a fair and level playing field for all Enhance Specialists, and build upon the core of our party business.
In January 2015, Facebook tightened its regulations on commercial use of its platform. This means that when users post anything other than original content (photos, videos, etc.) to personal profiles, closed groups or business-person (public figure) pages, they are putting themselves and their Facebook
accounts at risk for suspension or termination (“Facebook Jail”). To learn more about what you can do to prevent suspension or termination of your Personal Facebook account, visit Facebook’s Security & Warnings Section here: www.facebook.com/help/disabled/warning.
Heavenly Enhanced Public Facebook Page
The purpose of the Heavenly Enhanced Facebook page is to provide a place for Customers and Enhance Specialists to connect, interact and share the love for Heavenly Enhanced and our products. Content (posts, photos, videos, etc.) posted on the Heavenly Enhanced page is created and posted with both Enhance Specialists and Customers in mind and is meant for sharing and interaction. So that our content remains shareable, please do not tag yourselves or others in the posts unless the post specifically asks you to do so. You may share Heavenly Enhanced Facebook content in the following ways. Post to your timeline. Post to a friend's timeline, send a private message to a friend, share on a page you manage, like a Public Figure/Business-Person Page, share in your closed Facebook group. Download and send via email, text, etc.
Because the majority of the audience on the Heavenly Enhanced Facebook page are Customers, this page is not the place for selling, recruiting or exchanging Specialist-specific information. This type of behavior can damage the reputation of Heavenly Enhanced and of Heavenly Enhanced Independent Enhance Specialists. All Enhance Specialist Support issues should be handled by reaching out to your Upline, or by contacting our team by emailing firstname.lastname@example.org.
If you see inquiries about Heavenly Enhanced parties, products or the opportunity posted on the page, your response has to direct that individual to a Heavenly Enhanced website or phone number and cannot include your replicated website or contact information. DO NOT send unsolicited private messages or friend requests to individuals posting on the Heavenly Enhanced Facebook page as this is a direct violation of Facebook's policies. If you see a fellow Enhance Specialist on the page who is in violation of the above guidelines, do not attempt to handle it yourself by engaging them in a public conversation. Allow Heavenly Enhanced to hide the offending post(s) and escalate if necessary.
Creating and Posting Events on Facebook
When using Facebook events as an invitation to a Home or Catalog party hosted by someone else (not you as the Enhance Specialist), you may create the event on behalf of the Host and add them as the event owner, so that all they have to do is invite their Facebook friends. If the Host chooses to create their own event, they may choose to add you, as the Enhance Specialist, to the event to make it easier for you to monitor the anticipated attendance and to answer any questions or concerns related to Heavenly Enhanced or to the party experience. If you, as the Enhance Specialist, are hosting your own event, such as an open house, vendor show or fundraiser, you may create this event on your personal Facebook page and invite friends. You may also choose to promote these events separately in your closed Facebook groups for Customers and/or Host or on your public figure page. If you are participating in an event that has already been created on Facebook, you may extend that invitation to those in your social network.
Please remember that Facebook does not allow selling on personal profile pages. To remain compliant with Facebook terms and conditions, it is important to be mindful of how you speak about these types of events. You may update your Facebook status to reflect your participation, which may prompt a friend or family member to ask for more information or for access to your closed group.
For more details on how to create and set up a Facebook event, visit: www.facebook.com/help/events
Facebook advertisements are paid messages that are written in your voice and have an advertising objective. Ads appear in specific places on Facebook, called placements, and can appear in desktop News Feed, mobile News Feed and the right column of Facebook. The objectives that will make the most sense for you and your Heavenly Enhanced business are: Clicks to Website (to your replicated website), Page Post Engagement (your public figure/business person page), Page Likes (your public figure/business person page), Local Awareness (your public figure/business person page), Event Responses (your public figure/business person page) and Video Views (your public figure/business person page). Based on the objective that you choose, Facebook will suggest an ad format that will help you best achieve that objective. Regardless of which option you choose, you must set your ad to target only those within your home country. Facebook gives you the option to further refine your target area, which we recommend in order to maximize both your reach (impact) and your budget. The budget and duration for your ad is at your discretion. To ensure you are choosing the right type of ad and setting up the copy and graphics correctly, it is important to read and understand Facebook’s Ad Guide, which can be found here: www.facebook.com/business
The purpose of the Heavenly Enhanced Twitter account is to provide a place for both Customers and Enhance Specialists to connect, interact and share the love for Heavenly Enhanced and our products. Before you begin using Twitter for yourself or for your Heavenly Enhanced business, we suggest becoming familiar with Twitter's guidelines and best practices here: http://support.twitter.com/groups/50-welcome-to- twitter
Your Twitter profile and tweets should represent you and shouldn't be used exclusively for selling Heavenly Enhanced products or recruiting new Enhance Specialists.
Promoted Tweets are clearly labeled as Promoted when you pay for their placement on Twitter. In every other respect, Promoted Tweets act just like regular Tweets and can be retweeted, replied to, favorite and more. The objectives that will make the most sense for you and your Heavenly Enhanced business are: Tweet engagements (drives retweets, favorites and replies), Website clicks (to your replicated website) or conversions and Followers (to grow your community). Based on the objective that you choose, Twitter will provide additional details to show you what your audience will see, where they will see it and how the campaign will be charged. Regardless of which option you choose, you must set your ad to target only those within your home country. Twitter gives you the option to further refine your target area, which we recommend in order to maximize both your reach (impact) and your budget. The budget and duration for your promoted tweet is at your discretion. To ensure you are choosing the right type of promoted tweet and setting it up correctly, it is important to read and understand Twitter’s advertising policies, which can be found here: https://support.twitter.com/groups/58-advertising#topic_242
Heavenly Enhanced will not provide any technical support when it comes to setting up your Twitter advertising campaigns. It is your responsibility to familiarize yourself with the terms and conditions as well as the set-up and maintenance of your promoted tweet(s). Note: Heavenly Enhanced is not responsible for the content of your promoted Tweet.
Pinterest is a tool for collecting and organizing the things you love. Before you begin using Pinterest for yourself or for your business, please review the "Basics" section to get started: http://about.pinterest.com/basics.
Your Personal Instagram Accounts
Do not include Heavenly Enhanced etc., in your Instagram username as your account should be a reflection of you and not exclusively Heavenly Enhanced. If you choose to post content, post a variety of content and make it as original as possible. Similar to Facebook, do not use Instagram to sell or recruit.
Indemnification is one party’s agreement to pay for the losses another party suffers. It’s similar to an insurance policy. For example, if your home is damaged by an accidental fire, the insurance company will indemnify you (i.e., it will pay for the losses you suffered because of the fire). This same concept applies to our contract with you. As a Enhance Specialist, you will indemnify and hold harmless Heavenly Enhanced (and our members, managers, directors, officers, employees, agents and assigns) from and against any damages, losses, claims, liabilities and expenses (including attorneys’ fees) related to your:
- activities as a Enhance Specialist (including any statements and misrepresentations you make in person, online or otherwise)
- breach of any of our policies or procedures (whether or not contained in the Enhance Specialist Agreement or Enhance Specialist Policies)
- violation of, or failure to comply with, any law or regulation
Your obligation to indemnify us will continue to survive even after your Enhance Specialist Agreement ends or is terminated.
Mediation and Arbitration
We hope to enjoy a smooth business relationship with you, but there may be times when we don’t see eye-to-eye. This section describes the process that we will use to resolve any serious disputes that may arise between us. These concepts are complicated, so we thought these definitions may help you understand the process:
- Mediation is a voluntary process in which two or more parties involved in a dispute work with an impartial party, the mediator, to generate their own solutions in settling their conflict. Mediation is about finding a solution that works for both parties, which is different from a court case or arbitration where one party wins and the other party loses.
- Arbitration is a process to resolve a dispute outside the courts in which the parties to the dispute refer the case to an “arbitrator” and agree to be bound by the arbitrator’s decision. It’s a settlement technique in which the arbitrator reviews the case and imposes a decision that is legally binding for both sides.
If there is a serious dispute between us relating to the Independent Enhance Specialist Agreement, we agree to meet in good faith and attempt to resolve the dispute though mediation instead of a lawsuit. One individual who is acceptable to you and us will be appointed as mediator. The mediation will occur within 60 days from the date on which the mediator is appointed. The mediator’s fees and costs, as well as the costs of holding and conducting the mediation, will be divided equally between the parties. Each party will pay its portion of the anticipated shared fees and costs at least 10 days in advance of the mediation. Each party will pay its own attorneys’ fees, costs, and individual expenses associated with conducting and attending the mediation. The mediation will be held in Gurnee, Illinois. If the mediation is unsuccessful, any controversy or claim arising out of or relating to the Independent Enhance Specialist Agreement will be settled by arbitration instead of a lawsuit.
IN ANY LEGAL PROCEEDING RELATING TO YOUR INDEPENDENT ENHANCE SPECIALIST AGREEMENT, BOTH OF US AGREE TO WAIVE ANY RIGHTS WE MAY HAVE TO:
- LITIGATE IN COURT OR ARBIRTRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE, OR TO ACT AS A PRIVATE ATTORNEY GENERAL, AND
- A TRIAL BY JURY.
The arbitration will be filed with, and administered by, the American Arbitration Association (“AAA”) or Judicial Arbitration and Mediation Services Endispute (“JAMS”) under their respective rules and procedures.
The Commercial Arbitration Rules and Mediation Procedures of the AAA are available on the AAA’s website at www.adr.org. The Streamlined Arbitration Rules & Procedures are available on the JAMS website at www.jamsadr.com. Notwithstanding the rules of the AAA or JAMS, the following will apply to any arbitration:
- The Federal Rules of Evidence will apply in all cases
- The parties will be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure
- The parties will be entitled to bring motions under Rule 12 and/or Rule 56 of the Federal Rules of Civil Procedure
- The arbitration will occur within 180 days from the date on which the arbitrator is appointed, and will last no more than five business days
- The parties will be allotted equal time to present their respective cases, including cross examinations
All arbitration proceedings will be held in Gurnee, Illinois. There will be one arbitrator selected from the panel that the Alternate Dispute Resolution service provides. Each party will be responsible for its own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator will be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate will survive the cancellation or termination of the Independent Enhance Specialist Agreement. The parties and the arbitrator will maintain the confidentiality of the entire arbitration process and will not disclose to any person not directly involved in the arbitration process the:
- substance of, or basis for, the controversy, dispute, or claim
- content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in arbitration
- terms or amount of any arbitration rulings of the arbitrator on the procedural and/or substantive issues involved in the case.
We both agree that any arbitration will only be conducted on an individual basis and that if it is determined, despite the clear and unambiguous intent of the parties as stated in these Policies, to permit arbitration other than on an individual basis, the arbitration will immediately be terminated and neither party will be under any obligation to continue in the arbitration. In the case of such termination, or if the arbitration clause is deemed inapplicable or invalid, or otherwise is deemed to allow for litigation of disputes in court, we both waive, to the fullest extent allowed by law, any right to pursue or participate as a plaintiff or a class member in any claim on a class or consolidated basis or in a representative capacity. Notwithstanding this, nothing in the Independent Enhance Specialist Policies will prevent either party from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect its intellectual property rights, and/or to enforce its rights under the non-solicitation provision of the Independent Enhance Specialist Policies. Governing Law, Jurisdiction and Venue Jurisdiction and venue of any matter not subject to arbitration will reside exclusively in Lake County, State of Illinois.
The Federal Arbitration Act will govern all matters relating to arbitration. The law of the State of Illinois will govern all other matters relating to or arising from the Independent Enhance Specialist Agreement. Notwithstanding the foregoing, and the arbitration provision contained in the Independent Enhance Specialist Policies, residents of the State of Louisiana will be entitled to bring an action against us in their home forum and pursuant to Louisiana law. Severability If any part of: • the Independent Enhance Specialist Agreement • the Independent Enhance Specialist Policies or • any other document, policy or procedure referred to in the Independent Enhance Specialist Policies is declared invalid by a court of competent jurisdiction, then (1) that part will be reformed and enforced to reflect its original purpose as closely as possible and (2) the rest of the document will remain in full force and effect.
We maintain our right to insist on compliance with our policies and procedures and with applicable laws governing business conduct. If we permit an exception to the rules, that doesn’t mean we’ll permit the same or any other exception to the rules in the future. This language deals with the concept of
“waiver” and you understand and agree that we aren’t waiving any of our rights under any circumstances. Limitation of to the maximum extent permitted by law, Heavenly Enhanced (and our members, managers, directors, officers, employees, agents and assigns) will not be liable for, and you hereby release us from, and waive any claim for lost profits, incidental, special, consequential or punitive damages which may arise out of any claim whatsoever relating to the operation of our business or our business relationship with you. You also agree that, if you make a claim against us, our liability will be limited to the amount of any commissions and overrides we’ve paid you during the preceding year, as well as the amount of any accrued and unpaid commissions and overrides.
Agreement subject to modifications and revisions.