Effective September 11, 2018
OUR COMMITMENT TO PRIVACY
THE INFORMATION WE COLLECT
When you visit our site (“Site”), we collect two types of information: personal information you actively choose to disclose (“Active Information”) and information not visible to you that arises out of your browsing of our Site (“Passive Information”). Please note that Passive Information is collected on an aggregate and anonymous basis.
Personally Identifiable Information (“PII”) is information that identifies and is reasonably linked to you.
When you register to become an authorized reseller of our products or services, we will collect PII (which may include, but not limited to, names, address, email address, and telephone numbers). This PII is securely stored and may be accessed on our website. You are assigned an identification number and select your own password – both are needed to enter the Site and to access your Contact Information. Please safeguard your password in a secure location as we are not responsible for breaches into the system when access is willingly provided.
When you place an order for products or services, we collect PII (e.g., name, contact and billing information, credit card, and other transactional information). We use this information to deliver your order, process payment, and to communicate the status of your order.
Credit and debit card information collected at registration or for product orders is used only to process payment for the transaction and, generally, is not retained on our Site. However, you may voluntarily elect to securely store multiple credit cards to be used for product orders.
Occasionally, you may voluntarily provide PII to complete surveys and questionnaires or to participate in user polls. We use this information to improve our products and services and to ensure that we’re providing accurate disclosures. We may also use your PII to provide you newsletters and other marketing information that coincide with your preferences. You may customize your marketing preferences, or let us know if you do not wish to receive any promotional materials, by adjusting your Subscriptions & Email options on the Site.
Active Information You Choose to Provide
In order to gain use of the Site (become a “user”), we require you to disclose the following information: Name, Address and Phone Number
We use secure socket layer (SSL) encryption to protect the transmission of the information you submit to us when you use our secure online forms. The information you provide to us is stored securely.
We store and collect various types of passive information on an aggregate and anonymous basis. This information may include such technical information as it pertains to your Internet protocol address, your device operating system and browser type, cookies, and an address of a referring website or any other path you take to reach our website all described in greater detail below.
This refers to information that does not, by itself, identify you as a specific individual. Such information would include the Uniform Resource Locator (“URL”) of the website that referred you to our Site, your Internet Protocol (“IP”) address (a number automatically assigned to your computer whenever you surf the web), your operating system and browser type, and any search terms that you enter on our Site. Our web server aggregates this information in order to monitor the level of activity on our Site, evaluate its effectiveness, and improve the content or our Site in order to make your visit an easy and enjoyable experience.
We may collect, compile, store, publish, promote, report, or otherwise disclose or use any Aggregate Information, provided that such information does not personally identify you. We do not correlate any PII with the Aggregate Information that we collect on our Site. If we do correlate any Aggregate Information to you, it will be protected like any other PII under this Privacy Statement.
What is a Cookie?
Cookies are a feature of web browser software that allows web servers to recognize the computer used to access a site. They are small pieces of data stored by a user’s browser to simplify subsequent interactions with the site. This makes it easier for a user to move from site to site and to complete transactions over the Internet. Cookies should make your online experience easier and more personalized.
Our Site utilizes cookies to collect information about how our Site is used. Passive Information gathered may include the date and time of visits, the site pages viewed, time spent at our Site, the sites visited just before and just after visiting our Site. If you do not wish to transmit “cookie” information about yourself, you may turn off the cookie function in your web browser.
Our Site’s servers also automatically identify your computer by its Internet Protocol address, which is a unique string of numbers that are assigned to your computer by your Internet Service Provider. The IP address may be used to address problems with our server or to gather broad demographic information about our users. We passively collect your IP Address.
HOW WE USE THE INFORMATION COLLECTED
Broadly speaking, persons we employ directly, or as contractors or agents at our direction, use Active Information for purposes of administering our core business functions, such as the fulfillment of orders or services, the furnishing of customer care and support, and supplying the availability of other products or services we think might be of interest to our users.
We use Passive Information to gather information about our users and to enhance our Site to make it easier, faster and friendlier for users. Additionally, cookies help us better understand the usage pattern of the people that visit our Site, which helps us improve our services. Passive Information may result in your viewing of particular advertising based on your user habits.
We reserve the right to use Active and Passive Information in order to prevent, detect and investigate fraud, security breaches, or any other potentially prohibited or illegal activity.
We may use any Active Information or Passive Information provided to contact you about various changes to our Site, new services, features or products we offer. If at any time you do not wish to receive such information, you may “opt-out” of doing so by adjusting your email settings in the back office of the website.
Your Information Relating to Hyperlinks
You might be able to access other websites through our Site via hyperlinks. When you do so, you are subjecting yourself to their privacy policies and data collection. Please read the privacy policies of those sites to ensure you agree with the terms before using such sites.
Receiving and Sharing of Information from and with Third Parties
We reserve the right to receive information about you from other third-party sources, that help us update, expand and analyze our records and identify new customers.
Furthermore, we may share Personal Information necessary to the prevention of fraud, illegal activities, and security breaches. Because of this, it’s possible some of your personal information may be shared with fraud prevention agencies. If false or inaccurate information is provided and fraud is identified, details of this fraud may be passed on to these agencies. Likewise, law enforcement and governmental agencies may access and use certain information pursuant to any law, regulation, or subpoena. This applies to information as it relates to both open and closed accounts.
Additionally, third parties who perform services for us as it relates to security, payment, etc. (such as Internet Service Providers, credit card processors, and merchant banks) may also have access to your information in the performance of such necessary services.
Finally, we may disclose anonymous information about user habits to third party advertisers on our Site. Should we buy or sell assets of our company, another company may need to review our company’s assets, which might include your information, to make business decisions as to whether to acquire such assets.
HOW WE SECURE ACTIVE AND PASSIVE INFORMATION
We secure your personal information submitted by you by using reasonable efforts to prevent unauthorized access or disclosure, or accidental loss of Active and Passive Information. Individual postings on this Site and other communications to our office via email or standard mail may not be secure unless we advise you that security measures are in place prior to your submission of information. Therefore, if you choose to communicate with us through these means, you are assuming the risk of doing so and we respectfully request that you do not send or post sensitive information through these means.
Accessing and Correcting Your Information
We take reasonable measures to ensure that any PII we collect on our Site is accurate, current, complete, and reliable for its intended use. If you wish to update or otherwise correct PII provided to us, you may edit your information online.
Protecting Your Information
We acknowledge your trust and are committed to take reasonable steps to protect PII provided from loss, misuse, and unauthorized access. We employ physical, electronic, and managerial processes to safeguard and secure your information.
It is your responsibility to safeguard the password you use to access our Site and to promptly advise us if you ever suspect that your password has been compromised. We strongly encourage you to change your password regularly to prevent unauthorized access. Because your identification number and password are specific to you, you acknowledge sole responsibility for any and all use of our Site conducted with your identification number and password.
Links to Other Websites
Links to third-party websites may be provided solely for your information and convenience or to provide additional shopping for various other goods and services through our Merchant and Services Partners. If you use these links, you will leave our Site. This Privacy Statement does not cover the information practices of those websites nor do we control their content or privacy policies. We suggest that you carefully review the privacy policies of each site you visit.
Children’s Privacy Protection
We take special care to protect the privacy needs of children and encourage parents to be an active participant in their child’s online activities. Our Site does not target and is not intended for children under the age of 18, and we will not knowingly collect PII from them. If we discover personal data from a child through our Site, we will eliminate that data. You may learn more about protecting children’s privacy online by visiting: https://www.ftc.gov/tips-advice/business-center/privacy-and-security/children%27s-privacy.
(EUROPEAN UNION) GENERAL DATA PROTECTION REGULATION
CHANGES TO THIS POLICY
YOUR USE OF OUR SITE MEANS THAT YOU ACCEPT THE PRACTICES SET FORTH IN THIS POLICY. YOUR CONTINUED USE INDICATES YOUR AGREEMENT TO THE CHANGES.
For any additional questions on this Policy, please direct inquiries to email@example.com.
ACCEPTANCE OF TERMS THROUGH USE
By using this site (“Site”) or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement, please do not use this Site and do not click “I agree”. Please check this Agreement periodically for changes as we, Kole Jax Enterprises, LLC, owner of this Site (“Company”) reserves the right to revise this Agreement. In the event of a change to this Agreement, your continued use of this Site following the posting of any changes constitutes acceptance of such changes. The Company reserves the right to terminate a User’s use of this Site at any time without notice and may do so for any breach of this Agreement.
YOU MUST BE 18 OR OLDER TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18 to access this Site, he or she should email the Company with his or her explicit permission and acceptance of full legal responsibility. If you are not yet 18 or are accessing this Site from any country where this material is prohibited, please exit now as you do not have proper authorization.
LICENSE TO USE THIS SITE
Upon your agreement, Company hereby grants you a non-exclusive, non-transferable limited license to use this Site in strict accordance with the terms and conditions in this Agreement. You agree not to make any false or fraudulent statements as you use this Site. You acknowledge and agree that all content and services available on this Site are property of the Company and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors. You agree to pay for any and all purchases and services using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorney’s fees resulting from any non-payment.
Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials from this Site. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
You agree that if you are issued a Username and Password by the Company, you shall use your best efforts to prevent access to this Site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by an unauthorized party and by using a secure Username and Password not easily guessed by a third party.
You agree that you shall not try to reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this Site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this Site, or materials or services received through this Site, and, in particular, you shall not export or re-export anything on or received through this Site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
Errors and Corrections
While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us and we’ll verify it for you.
LINKS TO OTHER WEBSITES
USER’S LICENSE GRANT TO SITE
Except with regard to personal information, all information which you post on this Site or communicate to the Company through this Site (collectively “Submissions”) shall forever be the property of the Company. The Company shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Without copy, the Company shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.
By using features of this Site that allow you to post or otherwise transmit information to or through this Site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content – including text, communications, video, software, images, sounds, data, or other information – that:
You also agree that you shall not harvest or collect information about the users of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email or communications for any other commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate parental consent.
This Site generally does not pre-screen, monitor, or edit the content posted by users of this Site. However, this Site and its agents have the right, at their sole discretion, to remove any content that, in this Site’s sole judgment, does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. This Site is not liable for any failure, delay, damages or results, in removing such content.
You agree that your use of this Site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this Site in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this Site may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this Site shall not be liable for damages or result of a subpoena or other legal action, and the owner of this Site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this Site for such disclosure.
INTELLECTUAL PROPERTY RIGHTS
The Site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, mechanical, photocopying, recording, or otherwise, without Company’s prior written permission.
The Kole Jax name, logo, and all product names, company names, and other logos, unless otherwise noted, are trademarks and/or trade dress of Kole Jax Enterprises, LLC. The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.
THIRD PARTY SITES
You may be transferred to online merchants or other third-party sites through links or frames from this Site. You are cautioned to read their Terms and Conditions and/or Privacy Policies before using such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of the Company and are not monitored or reviewed by the Company. The inclusion of such a link or frame does not imply endorsement of this site by the Company, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that the Company and its licensors have no liability whatsoever from such third-party sites and your usage of them.
RETURN OF SALES AIDS
Upon cancellation of a participant’s (“Stylist”) agreement with Kole Jax, a Stylist may return resalable sales aids purchased within one (1) year from the date of cancellation for a refund if he or she is unable to sell or use the merchandise. A Stylist may only return sales aids he or she personally purchased from the Company under his or her Stylist Identification Number, and which are in resalable condition. Upon receipt of the products and sales aids, the Stylist will be reimbursed ninety percent (90%) of the net cost of the original purchase price(s), less shipping charges. If the purchases were made through a credit card, the refund will be credited back to the same account. The Company shall deduct from the reimbursement paid to the Stylist any commissions, bonuses, rebates or other incentives received by the Stylist that were associated with the merchandise that is returned.
DISCLAIMER OF WARRANTIES
The Company, its advertisers and licensors make no representation or warranties about this Site, the suitability of the information contained on or received through use of this Site, or any service or products received through this Site. All information and use of this Site are provided “as is” without warranty of any kind. The Company, advertisers and/or its licensors hereby disclaim all warranties without regards to this Site, the information contained or received through use of this Site, and any services or products received through this Site, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Company, advertisers and/or its licensors do not warrant that the contents or any information received through this Site are accurate, reliable or correct; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the contents of any information received through this Site is free of viruses or other harmful components. Your use of this Site is solely at your risk. User agrees that it has relied on no warranties, representations or statements other than in this agreement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.
LIMITATION OF LIABILITY
Under no circumstances shall the Company, advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use or inability to use, this Site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company, advertisers and/or its licensors have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the Company, advertisers and/or its respective licensors’ liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction.
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of this Site, or any services, information or products from this Site, or any violation of this Agreement. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.
Company may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this Site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations of its agent, officers, directors, contractors or employees. In such event, Company may disclose the User’s identity and a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.
CHOICE OF LAW AND FORUM
This Site (excluding third party linked sites) is controlled by the Company from its offices within the State of Washington, United States of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from Washington, by accessing this Site, both you and the Company agree that the statutes and laws of Washington shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this Site, without regards to conflicts of laws principles thereof. You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Washington and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.
This Agreement incorporates by reference the Site Submission Rules if this Site allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law are held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law.
This Site reserves the right to revise these provisions at its discretion, so check back from time to time to be sure you are complying with the current version.
1.1 Mutual Commitment Statement
The goal of Kole Jax Enterprises, LLC (hereafter as “We,” “Us,” “Our,” or simply the “Company”) is to provide exceptional products and services to consumers. This is only made possible with the support of and passion demonstrated by the members of the Kole Jax sales organization (known as “Stylists”). To achieve sustained success as a business, Kole Jax hereby commits to aid and support all Stylists in return for the mutual commitment made and shown by these Stylists to represent the Company in its efforts to reach all interested consumers.
1.2 Purpose of Policies and Effective Date
1.3 These Policies and Procedures and the Compensation Plan Incorporated into the
1.4 Changes, Amendments, and Modifications
III. In writing through Company newsletters or corporate communication channels.
Kole Jax shall not be responsible for delays or failures in performance of its obligations when such failure is due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, transportation difficulties, riot, war, fire, and/or weather, curtailment of a source of supply, or government decrees or orders.
2.0 BASIC PRINCIPLES
2.1 Becoming a Stylist
III. Have a valid taxpayer identification number (i.e. Social Security Number, Federal Tax ID Number, ITIN, etc.);
2.2 Registration and Enrollment of a Stylist
2.3 Rights Granted
Kole Jax hereby grants to the Stylist a non-exclusive right, based upon the terms and conditions contained in the Stylist Agreement and these Policies and Procedures, to the following:
2.4 Identification Numbers
2.5 Business Entities
2.6 Independent Business Relationship; Indemnification for Actions
2.7 Errors or Questions
If a Stylist has questions about, or believes any errors have been made regarding commissions, bonuses, business reports, orders, or charges, the Company requires any inquiries by email (to [INSERT EMAIL]) within thirty (30) days of the date of the error or incident in question. Any such errors, omissions or problems not reported within this thirty-day timeframe days is expressly waived by Stylist.
3.0 RESPONSIBILITIES OF A STYLIST
3.1 Correct Addresses
3.2 Training and Leadership
3.3 Constructive Criticism; Ethics
III. Stylists shall strive to resolve business issues, including situations with upline and downline Stylists, by emphasizing tact, sensitivity, good will and taking care not to create additional problems.
3.4 Reporting Policy Violation
III. The persons involved; and
3.6 Cross Sponsoring Prohibition
3.7 Adherence to the Kole Jax Compensation Plan
3.8 Adherence to Laws and Ordinances
Many cities and counties have laws regulating certain home-based businesses. In most cases, these ordinances do not apply to Stylists because of the nature of the business. However, Stylists must check their local laws and obey the laws that do apply to them. A Stylist shall comply with all federal, state and local laws and regulations in their independent conducting of his, her or its Kole Jax business.
3.9 Compliance with Applicable Income Tax Laws
3.10 One Kole Jax Business Per Household
Members of Stylist’s household may operate together as one Stylist position, but may not become separate Stylists. Household is defined as husband, wife, and dependents. Note: Children of legal age to contract and at least 18 years of age are not considered a part of their parents’ household.
3.11 Actions of Household Members or Affiliated Parties
If any member of your immediate household engages in any activity which, if performed by you, would violate any provision of the Agreement, such activity will be deemed a violation by you. As a result, the Company may take disciplinary action pursuant to these Policies and Procedures against you. Similarly, if any individual associated in any way with a corporation, partnership, LLC, trust or other entity (collectively “Business Entity”) violates the Agreement, such action(s) will be deemed a violation by the Business Entity, and the Company may take disciplinary action against the Business Entity. Likewise, if a Stylist enrolls in Kole Jax as a Business Entity, each affiliated party of the Business Entity shall be personally and individually bound to, and must comply with, the terms and conditions of the Agreement.
3.12 Solicitation for Other Companies or Products
Due to the visibility of our higher-ranking Stylists, Kole Jax Stylists at the rank of [INSERT RANK] or above agree not to participate in any network marketing or party plan company, regardless if the company sells competing products or not.
3.13 Presentation of the Kole Jax Opportunity
In presenting the Company opportunity to potential Customers and Stylists, you must comply with the following provisions:
III. Make clear that success can be achieved only through substantial independent efforts and hard work.
Note: The terms “income claim” and/or “earnings representation” (collectively “income claim”) include the following: (1) statements of average earnings, (2) statements of non-average earnings, (3) statements of earnings ranges, (4) income testimonials, (5) lifestyle claims, and (6) hypothetical claims. Examples of “statements of non-average earnings” include, “Our number one Stylist earned over three hundred thousand dollars last year” or “Our average-ranking Stylist earns two thousand per month.” An example of a “statement of earnings ranges” is “The monthly income for our higher-ranking Stylists is three thousand dollars on the low end to thirty thousand dollars a month on the high end.”
3.14 Sales Requirements are Governed by the Compensation Plan
4.1 General Order Policies
A Stylist shall not use another Customer’s or Stylist’s credit card or debit checking account to enroll in Kole Jax or purchase products or services without the account holder’s written permission. Such documentation must be kept by the Stylist indefinitely in case we need to reference this.
4.2 Insufficient Funds
4.3 Sales Tax Obligation
5.0 PAYMENT OF COMMISSIONS & BONUSES
5.1 Bonus and Commission Qualifications
5.2 Computation of Commissions and Discrepancies
5.3 Adjustments to Bonuses and Commissions for Returned Products
6.0 REPLACEMENT FOR DEFECTIVE ITEMS AND RETURN OF SALES AIDS
Please note that Kole Jax does not offer refunds for personalized product. Due to the unique nature of the personalization process, sales are final at the time of purchase. A Customer or Stylist may only return personalized product in the event of a defect or error. The return of defective products shall result in replacement product(s) of equal value.
As for non-personalized items, the Company offers a refund period of thirty (30) days by which a Customer or Stylist may return product for a 100% refund or exchange for different product.
Upon cancellation of the Agreement, the Stylist may return all generic sales aids provided by Kole Jax purchased after enrollment within one (1) year from the date of cancellation for a refund if he or she is unable to sell or use the merchandise. A Stylist may only return sales aids personally purchased from the Company under his or her Stylist Identification Number, and which are in Resalable Condition. Any custom orders of printed sales aids (i.e., business cards, brochures, etc.) where on the Stylist’s contact information is imbedded or hard printed, or has been added by the Stylist, are not able to be returned in Resalable Condition and are thus nonrefundable. Upon Kole Jax’s receipt of the products and sales aids, the Stylist will be reimbursed ninety percent (90%) of the net cost of the original purchase price(s), less shipping and handling charges. If the purchases were made through a credit card, the refund will be credited back to the same credit card account. The Company shall deduct from the reimbursement paid to the Stylist any commissions, bonuses, rebates or other incentives received by the Stylist which were associated with the merchandise that is returned.
6.1 Return Process
III. Provide a copy of the invoice with the returned products or service. Such invoice must reference the RMA and include the reason for the return; and
7.2 Expectation of Privacy
7.3 Employee Access to Information
We limit the number of employees who have access to Customers’ and Stylists’ nonpublic personal information.
7.4 Restrictions on the Disclosure of Account Information
Kole Jax will not share non-public personal information or financial information about current or former Customers or Stylists with third parties, except as permitted or required by laws and regulations, court orders, or to serve the Customers’ or Stylists’ interests or to enforce its rights or obligations under these Policies and Procedures, the Stylist Agreement, or with written permission from the accountholder on file.
8.0 PROPRIETARY INFORMATION AND TRADE SECRETS
8.1 Business Reports, Lists, and Proprietary Information
By completing and signing the Stylist Agreement, you acknowledge that Business Reports, lists of Customer and Stylist names and contact information, and any other information, which contain financial, scientific or other information both written or otherwise circulated by the Company pertaining to the business of Kole Jax (collectively, “Reports”), are confidential and proprietary information and trade secrets belonging to the Company.
8.2 Obligation of Confidentiality
8.3 Breach and Remedies
The Stylist acknowledges that such proprietary information is of such character as to render it unique and that disclosure or use thereof in violation of this provision will result in irreparable damage to Kole Jax and to independent Kole Jax businesses. The Company and its Stylists will be entitled to injunctive relief or to recover damages against any Stylist who violates this provision in any action to enforce its rights under this section. The prevailing party shall be entitled to an award of attorney’s fees, court costs and expenses.
8.4 Return of Materials
Upon demand by the Company, any current or former Stylist will return the original and all copies of all “Reports” to the Corporate office together with any other Company confidential information in such person’s possession.
9.0 ADVERTISING, PROMOTIONAL MATERIAL, USE OF COMPANY NAMES
9.1 Labeling, Packaging, and Displaying Products
9.2 Use of Company Names and Protected Materials
III. Stylists may not use the name “Kole Jax”, “Kole Jax Corporate”, or “Corporate Office of Kole Jax” in answering the telephone, creating a voice message or using an answering service, such as to give the impression to the caller that they have reached the corporate office. They may state, “Kole Jax Stylist”.
9.3 Faxes and E-mail Limitations
III. The use of legal and proper domain name;
VII. The date and time of the transmission;
VIII. Upon notification by recipient of his or her request not to receive further faxed or e-mailed documents, a Stylist shall not transmit any further documents to that recipient.
9.4 Internet and Third-Party Website Restrictions
Regarding the registered mark of Kole Jax in URLs, examples of improper use include but are not limited to:
Examples of permitted URLs, email addresses, and online aliases might appear as follows:
Determination as to what could cause confusion, mislead or be considered deceptive is at the sole discretion of the Company. For any questions on what the Company may consider confusing, misleading or deceptive URLs, email addresses or online aliases, the Company encourages Stylists to submit said questions to firstname.lastname@example.org.
9.5 Advertising and Promotional Materials
9.6 Testimonial Permission
By signing the Stylist Agreement, you give us permission to use your testimonial or image and likeness in corporate sales materials, including but not limited to print media, electronic media, audio and video. In consideration of being allowed to participate in the Kole Jax opportunity, you waive any right to be compensated for the use of your testimonial or image and likeness even though the Company may be paid for items or sales materials containing such image and likeness. In some cases, a Stylist’s testimonial may appear in another Stylist’s advertising materials. If a Stylist does not wish to participate in Kole Jax sales and marketing materials, he or she should provide a written notice to the Company Compliance Department to ensure that his or her testimonial or image and likeness will not be used in any corporate materials, corporate recognition pieces, advertising or recordings of annual events.
9.7 Telemarketing Limitations
10.0 CHANGES TO A STYLIST’S BUSINESS
10.1 Modification of the Stylist Agreement
A Stylist may modify the existing Stylist Agreement (i.e., change a social security number to a Federal ID number, add a spouse or partner to the account, or change the form of ownership from an individual to a Business Entity owned by the Stylist) by submitting a written request, accompanied by a new Stylist Agreement and the Business Registration Form, if applicable, completed with fresh signatures (not a “crossed out” or “white-out” version of the first Agreement), and any appropriate supporting documentation.
10.2 Change Sponsor or Placement for Inactive Stylists
10.3 Change Organizations
10.4 Unethical Sponsoring
10.5 Sell, Assign or Delegate Ownership
10.6 Separating a Stylist’s Business
III. Meet all of the qualifications for the last rank achieved by the former Stylist.
III. A completed Stylist Agreement executed by the trustee.
10.8 Resignation/Voluntary Cancellation
III. Kole Jax Identification Number;
III. Shall receive commissions and bonuses only for the last full pay period in which he or she was active prior to cancellation, less any amounts withheld during an investigation preceding an involuntary cancellation, and less any other amounts owed to the Company.
10.9 Involuntary Termination
11.0 DISCIPLINARY SANCTIONS
11.1 Imposition of Disciplinary Action - Purpose
It is the spirit of Kole Jax that integrity and fairness should pervade among its Stylists, thereby providing everyone with an equal opportunity to build a successful business. Therefore, We reserve the right to impose disciplinary sanctions at any time, when We determine that a Stylist has violated the Agreement, any of these Policies and Procedures, or the Compensation Plan as may be amended from time to time by the Company.
11.2 Consequences and Remedies of Breach
VIII. Legal proceedings for monetary or equitable relief.
12.0 DISPUTE RESOLUTION
If any provision of these Policies and Procedures is found to be invalid, or unenforceable for any reason, only the invalid provision shall be severed. The remaining terms and provisions hereof shall remain in full force and shall be construed as if such invalid or unenforceable provision never had comprised a part of these Policies and Procedures.
12.6 Successors and Claims
The agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
13.0 GOVERNING LAW
These Policies and Procedures shall be governed by and construed in accordance with the Laws of the State of Washington and the exclusive jurisdiction of the United States courts.
14.0 GLOSSARY OF TERMS
ACTIVE STYLIST: A Stylist who satisfies the minimum volume requirements as defined in the Compensation Plan to ensure eligibility for commissions and bonuses.
AGREEMENT: The contract between the Company and each Stylist, which includes: the Stylist Agreement, these Policies and Procedures, and the Company Compensation Plan, all in their current form and as amended by the Company in the future. These documents are collectively referred to as the “Agreement.”
STYLIST: An individual who purchases product, generates retail sales and business building commissions.
CANCEL: The termination of a Stylist’s business. Cancellation may be either voluntary or involuntarily.
COMPENSATION PLAN: The guidelines and referenced literature for describing how Stylists can generate commissions and bonuses.
CUSTOMER: A Customer who purchases Kole Jax products and does not engage in the retailing of product or the building of a business.
LINE OF SPONSORSHIP (LOS): A report generated by Kole Jax that provides critical data relating to the identities of Stylists, sales information, and enrollment activity of each Stylist’s organization. This report contains confidential and trade secret information which is proprietary to Kole Jax.
ORGANIZATION: The Customers and Stylists placed below a particular Stylist.
OFFICIAL Company MATERIALs: Literature, audio or video tapes, and other materials developed, printed, published, and distributed by Kole Jax to its Stylists.
PLACEMENT: Your position inside your Sponsor’s organization.
RECRUIT: For purposes of Kole Jax’s Conflict of Interest policy, the term “Recruit” means the actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another Customer or Stylist to enroll or participate in another multilevel marketing, network marketing, or direct sales opportunity.
RESALABLE: Products shall be deemed “resalable” if each of the following elements is satisfied: (i) the products remain unopened and unused; (ii) the original product packaging and labelling is unaltered and free from damage; (iii) the products are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price; and (iv) the product contains current Kole Jax labelling. Any merchandise that is clearly identified at the time of sale as nonreturnable, discontinued, or as a seasonal item, shall not be resalable.
SPONSOR: A Stylist who enrolls a Customer or another Stylist into the Company, and is listed as the Sponsor on the Stylist Agreement. The act of enrolling others and training them to become Stylist is referred to as “sponsoring.”
UPLINE: This term refers to the Stylist or Stylists above a particular Stylist in a sponsorship line up to the Company. It is the line of sponsors that links any particular Stylist to the Company.