Bejeweled By Me Inc. Policies and Procedures

 

Table of Contents
 
SECTION 1: Mission Statement and Standards of Ethics.
1.1: Vision, Mission, and Values
SECTION 2: Introduction:
2.1: Policies and Compensation Plan Incorporated into Consultant Agreement
2.2: Changes to Agreement/Delays
2.3: Policies and Provisions Severable
2.4: Waiver
SECTION 3: Becoming a Consultant
3.1: Requirements to Become a Consultant
3.2: Enrollment Package
3.3: Consultant Benefits
3.4: Term Renewal of your Bejeweled By Me Business
SECTION 4: Operating a Bejeweled By Me Business
4.1: Adherence to Bejeweled By Me Marketing and Compensation Plan
4.2: Independent Contractor Status
4.3: Changes of a Bejeweled By Me Business
4.3.1: General
4.3.2: Co-Applicant
4.3.3: Change of Sponsorship
4.3.3.1: Misplacement
4.3.3.2: Cancellation and Re-Application
4.4: Waiver of Claims
4.5: Unauthorized Claims and Actions
4.5.1: Indemnification
4.5.2: Income Claims
4.6: Conflicts of Interest
4.6.1: Non-Compete Policy
4.6.2: Non-Solicitation
4.6.3: Downline Activity (Genealogy) Reports
4.7: Cross-Sponsoring
4.8: Errors or Questions
4.9: Government Approval and Endorsements
4.10: Holding Applications or Orders
4.11: Income Taxes
4.12: Insurance
4.13: International Marketing
4.14: Excess Inventory and Bonus Buying
4.15: Adherence to Laws and Ordinances
4.16: One Bejeweled By Me Business per Member and per Household
4.17: Actions of Household Members of Affiliated Parties
4.18: Repackaging and Relabeling Prohibited
4.19: Requests for Records
4.20: Sale Transfer or Assignment of Bejeweled By Me Business
4.21: Roll-up of Down Line Organizations
4.22: Separation of Bejeweled By Me Business
4.23: Succession Due to Death or Incapacitation
4.24: Transfer upon Death of a Consultant
4.25: Sponsoring
4.26: Telemarketing
4.27: Back Office Access
SECTION 5: Retail and Advertising Policy
5.1: Trademarks and Copyrights
5.2: Prohibited Advertising Components
5.3: Item-Specific Requirements
5.3.1: Business Cards
5.3.2: Chamber of Commerce Listings
5.3.3: Other Directories
5.4: Advertising on Vehicles
5.5: Telephone Greetings and Recorded Messages
SECTION 6: Internet, Websites and Social Media
6.1: Unsolicited E-mail
6.2: Unsolicited Faxes
6.3: Online Conduct
6.3.1: Consultant’s Websites
6.3.2: Domain Names, E-mail Addresses and Online Aliases
6.3.3: Online Classifieds
6.3.4: EBay/Online Auctions
6.3.5: Online Retailing
6.3.6: Spam Linking
6.3.7: Digital Medial Submission
6.3.8: Sponsored Links/Pay-Per-Click (PPC) Ads
6.3.9: Social Media
6.4: Using Social Media for Your Down Line
6.5: Interacting with Official Bejeweled By Me Media
SECTION 7: Responsibilities of Consultants
7.1: Change of Address or Telephone
7.2: Continuing Development Obligations
7.2.1: Ongoing Training
7.2.2: Increased Training Responsibilities
7.2.3: Ongoing Sales Responsibilities
7.3: Nondisparagement
7.4: Providing Document to Applicants
7.5: Reporting Policy Violations
SECTION 8: Sales Requirements
8.1: Product Sales
8.2: Suggested Retail Prices
8.3: No Territory Restrictions
8.4: Sales Receipts
SECTION 9: Bonuses and Commissions
9.1: Bonus and Commission Qualifications
9.2: Commission Payment and Promotions
9.2.1: Payment, Calculations and Bonuses
9.2.2: Promotions
9.3: Advancement Bonus
9.3.1: Sapphire Bonus
9.3.2: Ruby Bonus
9.4: Matching Bonus
9.4.1: Sapphire Bonus
9.4.2: Ruby Bonus
9.5: Adjustment to Bonuses and Commissions
9.6: Unclaimed Commissions
9.7: Reports
SECTION 10: Product Guarantees, Returns and Inventory Repurchase
10.1: Retail Sales
10.2: Return of Inventory by Consultants upon Cancellation
SECTION 11: Dispute Resolution and Disciplinary Proceedings
11.1: Disciplinary Sanctions
11.2: Grievances and Complaints
11.3: Arbitration
11.4: Governing Laws, Jurisdiction and Venue
SECTION 12: Ordering
12.1: Purchasing Bejeweled By Me Products
12.2: General Order Policies
12.3: Shipping and Back Order Policy
12.4: Confirmation of Order
12.5: Hours
12.6: Payments
SECTION 13: Sales Tax
SECTION 14: Inactivity and Cancellation
14.1: Effect of Cancellation
14.2: Involuntary Cancellation
14.3: Voluntary Cancellation
14.4: Non-Renewal
SECTION 15: “Jewels”

SECTION 1: Mission Statement and Standards of Ethics:
1.1: Vision, Mission and Values
Vision: Bejeweled By Me is a family-oriented company built on integrity and strong ethical values and is committed to creating opportunities for individuals to achieve financial freedom through a well-rounded business model while providing an affordable way for people to create their own custom jewelry.
Mission: Through ongoing training and support, help individuals maintain a balanced lifestyle based on five basic elements: health, education, family, finances and community. Bejeweled By Me will provide tools to help individuals create financial freedom allowing more time to focus on themselves and their families. As a Bejeweled By Me Consultant, individuals can help others create and express themselves while having fun making their own jewelry.
Values: Integrity, education, inspiration, self-worth, and family.
SECTION 2: Introduction:
2.1: Policies and Compensation Plan Incorporated into Consultant Agreement
These policies and procedures, in their present form and as amended at the sole discretion of Bejeweled By Me Inc. (hereafter “Bejeweled By Me” or the “company”), are incorporated into, and form an integral part of, the Bejeweled By Me Consultant Agreement. Throughout these policies, when the term “agreement” is used, it collectively refers to the Bejeweled By Me Consultant application and agreement forms, these policies and procedures and the Bejeweled By Me Marketing and Compensation plan. These documents are incorporated by reference into The Bejeweled By Me Consultant agreement (all in their current form and as amended by Bejeweled By Me).
Bejeweled By Me is a direct sales company that markets products through independent consultants. Integrity is key to understanding your success and the success of other consultants. To clearly, define the relationship with a consultant and Bejeweled By Me and to set an explicit standard for acceptable business conduct, the consultant agreement has been established.
Bejeweled By Me consultants are required to comply with all the terms and conditions set fourth in the agreement, which Bejeweled By Me may amend at its sole discretion from time to time, as well as with federal, state, and local laws governing their Bejeweled By Me business and their conduct. Reading and abiding by the agreement is very important as you may be unfamiliar with many of these standards of practice. Please review all the information carefully. It explains and governs the relationship between you, as an independent consultant, and Bejeweled By Me. Please do not hesitate to call the corporate office at any time with questions or concerns.
2.2: Changes to the Agreement:
Bejeweled By Me reserves the right to make additions to and amend the Agreement and to change its prices in its sole and absolute discretion. By executing the Agreement, a Member agrees to abide by all amendments or modifications that Bejeweled By Me elects to make. Amendments and modifications shall be effective thirty (30) days after publication of notice that the Agreement has been amended or modified. Amendments and modifications shall not apply retroactively to conduct that occurred prior to the effective date of the amendment or modification. Notification of amendments and modifications shall be published by one or more of the following methods: (1) posting on the Company’s official web site, (2) electronic mail (e-mail), (3) posting in Members’ Back Office, (4) inclusion in Company periodicals; (5) inclusion in product orders or bonus checks; or (6) special mailings. The continuation of a Member’s Bejeweled By Me business or a Member’s acceptance of bonuses or commissions constitutes acceptance of all amendments or modifications.
Bejeweled By Me shall not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, death, curtailment of a party’s source of supply, or government decrees or orders and acts of God.
2.3: Policies and Provisions Severable
If any provision of the Agreements, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid or unenforceable provision never comprised a part of the Agreement.
2.4: Waiver
The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of business. No failure of Bejeweled By Me to exercise any right or power under the Agreement or to insist upon strict compliance by a Consultant with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of Bejeweled By Me’s right to demand exact compliance with the Agreement. Waiver by Bejeweled By Me can be affected only in writing by an authorized officer of the Company. Bejeweled By Me’s waiver of any particular breach by a Consultant shall not affect or impair Bejeweled By Me’s rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other Consultant. Nor shall any delay or omission by Bejeweled By Me to exercise any right arising from a breach affect or impair Bejeweled By Me’s rights as to that or any subsequent breach.
The existence of any claim or cause of action of a Consultant against Bejeweled By Me shall not constitute a defense to Bejeweled By Me’s enforcement of any term or provision of the Agreement.
SECTION 3: Becoming a Consultant:
3.1: Requirement to Become a Consultant
To become a Bejeweled By Me Consultant, each applicant must:
 Be at least 18 years of age;
 Reside in the United States or U.S. Territories;
 Provide Bejeweled By Me with his/her valid Social Security number;
 
Purchase a Bejeweled By Me Business Starter Kit (optional for residents of North Dakota, Massachusetts, Wyoming and Louisiana);
Submit a properly completed Independent Member Application and Agreement to Bejeweled By Me either in hard copy or online format.
The company reserves the right to verify information provided, including the validity of Social Security numbers, and to reject any applications for a new Consultant or applications for renewal.
3.2: Enrollment Package
With the exception of an Enrollment Package, no person is required to purchase Bejeweled By Me products, services, or sales aids to become a Member. In order to
familiarize new Members with Bejeweled By Me products, services, sales techniques, sales aids, and other matters, the Company requires that they purchase an Enrollment Packet (optional for residents of North Dakota, Massachusetts, Wyoming and Louisiana). Bejeweled By Me will repurchase resalable kits from any Member who terminates his or her Member Agreement pursuant to the terms of Section 10.1
3.3: Consultant Benefits
Once an Independent Member Application and Agreement has been accepted by Bejeweled By Me, the benefits of the compensation Plan and the Agreement are available to the new Member. These benefits include the right to:
Purchase Bejeweled By Me products at the prevailing Consultant price.
Sell Bejeweled By Me products and profit from these sales within the regulations described in Retail Policies (Section 8).
Participate in Bejeweled By Me Market and Compensation Plan (receive bonuses and commissions, if eligible).
Sponsor other individuals into the Bejeweled By Me business and thereby build a marketing organization and progress through the Bejeweled By Me Marketing and Compensation Plan.
Receive periodic Bejeweled By Me literature and other Bejeweled By Me communications.
Participate in Bejeweled By Me sponsored support, service, training, motivational and recognition functions, upon payment of appropriate charges, if applicable.
Participate in promotional and incentive contests and programs sponsored by Bejeweled By Me for its Consultants.
3.4: Term and Renewal of Your Bejeweled By Me Business
The term of the Agreement is one year from the date of its acceptance by Bejeweled By Me. Members must renew their Agreement each year by paying an annual renewal fee. There are three options for doing so:
Members may elect to utilize the Automatic Renewal Program. Under the Automatic Renewal Program, the renewal fee will be charged to the Member’s credit card on file with the Company at a renewal rate of $10.
Members may choose to manually renew via the Bejeweled By Me website when prompted at the end of their Agreement term at a renewal rate of $15. This price will be available for 60 days after the anniversary date of their Agreement.
A $30 “last chance” renewal is available for Members from 61 to 90 days after their anniversary date. This is also accomplished via the Bejeweled By Me website.
Any Member who fails to renew his or her Agreement within the guidelines outlined above will automatically have his or her membership terminated without the ability to be reinstated.
SECTION 4: Operating a Bejeweled By Me Business:
4.1: Adherence to the Bejeweled By Me Marketing and Compensation Plan
Consultants must adhere to the terms of the Bejeweled By Me Marketing and Compensation Plan as set forth in official Bejeweled By Me literature. Consultants shall not offer the Bejeweled By Me opportunity through, or in combination with, any other system, program or method of marketing other than that specifically set forth in official Bejeweled By Me literature. Consultants shall not require or encourage other current or prospective customers or Consultants to execute any agreement or contract other than official Bejeweled By Me agreements and contracts in order to become a Bejeweled By Me consultant. Similarly, Consultants shall not require or encourage other current or prospective customers or Consultants to make any purchase from, or payment to, any individual or other entity to participate in the Bejeweled By Me Marketing and Compensation Plan other than those purchases or payments identified as recommended or required in official Bejeweled By Me literature.
4.2: Independent Contractor Status
Members are independent contractors. The agreement between Bejeweled By Me and its Members does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the Member. A Member shall not be treated as an employee for Federal or State tax purposes. All Members are responsible for paying local, state, and federal taxes due from all compensation earned as a Member. The Member has no authority (expressed or implied) to bind the Company to any obligation. Each member shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the Agreement (which includes these Policies and Procedures) and applicable laws.
4.3: Changes of a Bejeweled By Me Business
4.3.1: General
Each Consultant must immediately notify Bejeweled By Me of all changes to the information contained in his or her Consultant Application and Agreement. Consultants may modify their existing Consultant Agreement Form (i.e. change name) by amending his or her contact information through their Member Back Office.
4.3.2: Co-Applicants
Bejeweled By Me does not allow co-applicants. Each application may only contain one (legal) name and the corresponding social security number. This policy applies to all individuals, including family and spouses.
4.3.3: Change of Sponsorship
To protect the integrity of all marketing organizations and safeguard the hard work of all Consultants, Bejeweled By Me does not allow changes in sponsorship for active Consultants. Maintaining the integrity of sponsorship is critical for the success of every Consultant and marketing organization. Transfers will only be considered in the following two circumstances:
4.3.3.1: Misplacement
In cases in which the new Member is enrolled by someone other than the individual he or she was led to believe would be his or her Enroller, a Member may request that he or she be transferred to another organization with her entire Downline Organization intact. Requests for transfer under this policy will be evaluated on a case-by-case basis and must be made within seven days from the date of enrollment. The Member requesting the change has the burden of proving that he or she was placed incorrectly. It is up to Bejeweled By Me’s discretion whether the requested change will be implemented.
4.3.3.2: Cancellation and Re-Application
A Member may legitimately change organizations by voluntarily canceling his or her Bejeweled By Me business and remaining inactive (i.e., no purchases of Bejeweled By Me products for resale, no sales of Bejeweled By Me products, no enrolling, no attendance at any Bejeweled By Me functions, participation in any other form of Member activity, or operation of any other Bejeweled By Me business, no income from the Bejeweled By Me Business) for six (6) full calendar months. Following the six-month period of inactivity, the former Member may reapply under a new Enroller; however, the former member’s Downline Organization will not be moved.
4.4: Waiver of Claims
In cases wherein the appropriate organizational change procedures have not been followed, and a Downline Organization has been developed in the second business developed by a Member, Bejeweled By Me reserves the sole and exclusive right to determine the final disposition of the Downline Organization. Resolving conflicts over the proper placement of a Downline Organization that has developed under an organization that has improperly switched organizations is often extremely difficult. Therefore, MEMBERS WAIVE ANY AND ALL CLAIMS AGAINS BEJEWELED BY ME, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO OR ARISE FROM BEJEWELED BY MES DECISION REGARDING
THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT DEVELOPS BELOW AN ORGANIZATION AS TO WHICH APPROPRIATE ORGANIZATIONAL CHANGE PROCEDURES HAVE NOT BEEN FOLLOWED.
4.5: Unauthorized Claims and Actions
4.5.1: Indemnification
A Consultant is fully responsible for all of his or her verbal and written statements made regarding Bejeweled By Me products, services and the Marketing and Compensation Plan that are not expressly contained in official Bejeweled By Me materials. Consultants agree to indemnify Bejeweled By Me and Bejeweled By Me’s directors, officer, employees and agents and hold them harmless from any and all liability, including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by Bejeweled By Me as a result of the Consultant’s unauthorized representations or actions. This provision shall survive the termination of the Consultant Agreement.
4.5.2: Income Claims
In their enthusiasm to enroll prospective Consultants, some Consultants are occasionally tempted to make income claims or earnings representations to demonstrate the inherent power of network marketing. This is counterproductive because new Consultants may become disappointed very quickly if their results are not as extensive or as rapid as the results others have achieved.
Moreover, the Federal Trade Commission and several states have laws or regulations that regulate or even prohibit certain types of income claims and testimonials made by persons engaged in network marketing. While Consultants may believe it beneficial to provide copies of checks, or to disclose the earnings of themselves or others, such approaches have legal consequences that can negatively impact Bejeweled By Me as well as the Consultant making the claim unless appropriate disclosures required by law are also made contemporaneously with the income claim or earnings representation. Therefore, when presenting or discussing the Bejeweled By Me opportunity or Marketing and Compensation Plan, a Consultant may not make income projections or income claims.
4.6: Conflicts of Interest
4.6.1: Non-compete Policy
Bejeweled By Me Consultants are free to participate in other multilevel or network marketing business ventures or marketing opportunities (collectively “network marketing”), with the exception of those products in the same generic category as a Bejeweled By Me product or service that is deemed to be competing. Any type of jewelry item is considered to be in the same generic category as Bejeweled By Me and is therefore a competing product, regardless of differences in cost, quality, metallic content
or type of jewel. (Consultants may not display Bejeweled By Me products or services with any other products or services in a fashion that might in any way confuse or mislead a prospective customer or Consultant into believing there is a relationship between the Bejeweled By Me and non-Bejeweled By Me products or services.)
4.6.2: Non-solicitation
During the term of this Agreement, Consultants may not recruit other Bejeweled By Me consultants or customers for any other network marketing business. Following the cancellation of this Agreement, and for a period of six (6) calendar months thereafter, a former Consultant may not recruit any Bejeweled By Me Consultant or customer for another network marketing business if (a) that Consultant or customer was in the former Consultant’s Downline marketing organization or (b) the former Consultant met, developed a relationship with or gained knowledge of the Consultant or customer by virtue of their mutual participation in Bejeweled By Me. The term “recruit” means actual or attempted solicitation, enrollment, encouragement or effort to influence in any other way, either directly or through a third party, another Bejeweled By Me consultant or customer to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity. This conduct constitutes recruiting even if the Consultant’s actions are in response to an inquiry made by another Consultant or customer.
4.6.3: Downline Activity (Genealogy) Reports
Downline Activity Reports made available for Consultant access and viewing at Bejeweled By Me’s official website are considered confidential. Consultant access to their Downline Activity Reports is password protected. All Downline Activity Reports and the information contained therein are confidential and constitute proprietary information and business trade secrets belonging to Bejeweled By Me. Downline Activity Reports are provided to consultants in the strictest of confidence and are made available to consultants for the sole purpose of assisting Consultants in working with their respective Downline Organizations in the development of the Bejeweled By Me business. Consultants should use their Downline Activity Reports to assist, motivate and train their Downline Consultants. The Consultant and Bejeweled By Me agree that, but for this agreement of confidentiality and nondisclosure, Bejeweled By Me would not provide downline Activity Reports to the Consultant. A Consultant shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity:
Directly or indirectly disclose any information contained in any Downline Activity Report to any third party.
Directly or indirectly disclose the password or other access code to his or her Downline Activity Report.
Use the information to compete with Bejeweled By Me or for any purpose other than promoting his or her Bejeweled By Me business.
Recruit or solicit any Consultant or customer of Bejeweled By Me listed on any report or in any manner attempt to influence or induce any Consultant or preferred customer of Bejeweled By Me to alter their business relationship with Bejeweled By Me.
Use or disclose to any person, partnership, association, corporation or other entity any information contained in any Downline Activity Report.
Upon demand by the Company, any current or former Consultant will return the original and all copies of Downline Activity Reports to the Company.
4.6.4: Injunctive and Equitable Relief
Member acknowledges that the violation of Sections 4.6.1, 4.6.2 and 4.6.3 will cause significant and irreparable harm to the Company, warranting an award of immediate injunctive relief and/or other equitable remedies.
4.7: Cross Sponsoring
Actual or attempted cross-sponsoring is strictly prohibited. “Cross-sponsoring” is defined as the enrollment of an individual who, or entity that already has, a current customer or Consultant Agreement on file with Bejeweled By Me, or who has had such an agreement within the preceding six (6) calendar months, within a different line of sponsorship. The use of a spouse’s or relative’s name, trade names, assumed names or factitious ID numbers to circumvent this policy is prohibited. Consultants shall not demean, discredit or defame other Bejeweled By Me Consultants in an attempt to entice another Consultant to become part of the first Consultant’s marketing organization. If a prohibited organization transfer occurs, Bejeweled By Me shall take disciplinary action against the Consultant(s) who engaged, acquiesced and/or knowingly participated in the improper cross-sponsoring. However, it shall be entirely within Bejeweled By Me’s discretion where in the genealogical structure, the cross-sponsored organization in question shall be placed or otherwise distributed. CONSULTANTS WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION AGAINST THE COMPANY FOR ITS DECISION REGARDING THE FINAL DISPOSITION OR PLACEMENT OF THE CROSS-SPONSORED ORGANIZATION
4.8: Errors or Questions
If a consultant has questions about, or believes any errors have been made regarding commissions, bonuses, Downline activity reports, or charges, the consultant must notify Bejeweled By Me in writing to Consultant Care Department, 436 W. Lewis Pocatello, ID 83204, within 45 days of the date of the purported error or incident in question. Bejeweled By Me will not respond to, or attempt to correct, any such errors, omissions or problems not reported to the company within 45 days.
4.9: Governmental Approval or Endorsement
Neither federal nor state regulatory agencies nor officials approve or endorse any direct selling or network marketing companies or programs. Therefore, consultants shall not represent, or imply that Bejeweled By Me or its compensation plan has been “approved,” “endorsed” or otherwise sanctioned by any government agency.
4.10: Holding Applications or Orders
Consultants must not manipulate enrollments of new applicants and purchases of products. All consultants’ applications and agreements and product orders must be sent to Bejeweled By Me within 7 days from the time they are signed by a consultant or placed by a customer, respectively.
4.11: Income Taxes
Each consultant is responsible for paying local, state, and federal taxes on any income generated as a consultant. If a consultant’s Bejeweled By Me business is tax exempt, the federal tax identification number must be provided to Bejeweled By Me. Bejeweled By Me cannot accept a tax exempt certificate from a consultant who resides in a state where tax exempt status is not granted for direct sales businesses. Consultants are encouraged to check with their state government before sending a form to Bejeweled By Me. Every year, Bejeweled By Me will provide an IRS form 1099 MISC (Non-employee Compensation ) earnings statement to each U.S. resident who: 1) had earnings of over $600 in the previous calendar year; or 2) made purchases during the previous calendar year in excess of $5,000.
4.12: Insurance
You may wish to arrange insurance coverage for your business. Your homeowner’s insurance policy does not cover business-related injuries or the theft of or damage to inventory or business equipment. Contact your insurance agent to make certain that your business property is protected. This can often be accomplished with a simple “business pursuit” endorsement attached to your present home owner’s policy.
4.13: International Marketing
Consultants are authorized to sell Bejeweled By Me products and services, and enroll customers or consultants only in the countries in which Bejeweled By Me is authorized to conduct business, as announced in official company literature. In addition, no consultant may, in any unauthorized country: (a) conduct sales, enrollment or training meetings; (b) enroll or attempt to enroll potential customers or members; or (c) conduct any other activity for the purpose of selling Bejeweled By Me products, establishing a downline organization, or promoting the Bejeweled By Me opportunity.
4.14: Excess Inventory and Bonus Buying
Consultants must never purchase more products than they can reasonably use or sell to retail customers in a month, and must not influence or attempt to influence any other member to buy more products than they can reasonably use or sell to retail customers in a month. In addition, bonus buying is strictly prohibited. Bonus buying includes any mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions, or bonuses, that is not driven by bona fide product or service purchasing product through a straw man or other artifice.
4.15: Adherence to Laws and Ordinances
Consultants shall comply with all federal, state, and local laws and regulations in the conduct of their businesses. Many cities and counties have laws regulating certain home-based businesses. In most cases these ordinances are not applicable to consultants because of the nature of their business. However, consultants must obey those laws that do apply to them. If a city or county official tells a consultant that an ordinance applies to him or her, the consultant shall be polite and cooperative, and immediately send a copy of the ordinance to the consultant services department of Bejeweled By Me.
4.16: One Bejeweled By Me Business per Consultant and per Household
A consultant may operate or have an ownership interest, legal or equitable, as a sole proprietorship, trustee, or beneficiary, in only one Bejeweled By Me business. No individual may have, operate or receive compensation from more than one Bejeweled By Me business unless approved by Bejeweled By Me. Individuals of the same household may not enter into or have an interest in more than one Bejeweled By Me business. A “family unit” is defined as a spouse, domestic partners and dependant children living at or doing business at the same address. An exception to the one-business-per-consultant rule will be considered on a case-by-case basis if two consultants marry or through inheritance. Requests for exceptions to this policy must be submitted in writing to the policies department.
4.17: Actions of Household Members or Affiliated Individuals
If any member of a consultant’s immediate family or any individual residing with a member engages in any activity which, if performed by the consultant, would violate any provision of the agreement, such activity will be deemed a violation by the consultant and Bejeweled By Me may take disciplinary action against the consultant pursuant to the Policies and Procedures.
4.18: Re-Packaging and Re-Labeling Prohibited
Consultants may not re-label or alter the labels on any Bejeweled By Me products, information, materials, or programs in any way.
4.19: Requests for Records
As a Bejeweled By Me Consultant you are responsible for maintaining appropriate accounting records to support your Bejeweled By Me business. Any approved record request will require a fee of $1.00 per page per copy.
4.20: Sale, Transfer or Assignment of Bejeweled By Me Business
A Bejeweled By Me business is a privately owned, independently operated business; the sale, transfer or assignment of a Bejeweled By Me business is not permitted.
4.21: Roll-up of Downline Organizations
When a vacancy occurs in a downline team due to the termination of a Bejeweled By Me business, the following occurs:
 If the terminated consultant has one Downline team, then that organization will be moved up one level.
 If the terminated consultant has more than one Downline team, then the additional organizations must be reviewed.
 If the additional Downline teams do not have a consultant with prior year or current year rank of a leader 3, then each organization from the largest to smallest of downline teams 2 and greater are transferred to the bottom of the 1st downline team.
 For Downline teams 2 and greater, if there is a consultant with a prior year or current year rank of a leader 3, then those organizations do not move. The terminated consultant position becomes a “ghost consultant” with no commission calculation, but all sales volume continues to roll upline. For those downline teams 2 and greater that don’t have a leader 3, then they are transferred to the bottom of Downline team 1.
 
4.22: Separation of a Bejeweled By Me Business
When a Bejeweled By Me business is jointly owned and operated by a husband-wife partnership, or across a business entity, there must be a way to equitably separate that Bejeweled By Me business in the event of a divorce or dissolution of the business entity. This separation must be handled in a way that does not adversely affect the interests and income of other businesses up or down the line of sponsorship. If the separating parties fail to provide for the best interests of other consultants and the company, Bejeweled By Me, at its discretion, will terminate the consultant and cancel the consultant agreement.
During the pendency of a divorce or business break-up, you must adopt one of the following methods of operation:
 
 One of the parties may, with consent of the other(s), operate the Bejeweled By Me business pursuant to an assignment in writing whereby the relinquishing spouse or trustees authorize Bejeweled By Me to deal directly and solely with the other spouse or trustee.
 The parties may continue to operate the Bejeweled By Me business jointly on a “business-as usual” basis, whereupon all compensation paid by Bejeweled By Me will be paid according to the status quo as it existed prior to the divorce filing or dissolution proceedings. This is the default procedure if the parties do not agree on the format set forth above.
 
Under no circumstances will the downline organization of divorcing spouses or a dissolving entity be divided. Similarly, under no circumstances will Bejeweled By Me split commissions and bonus checks between divorcing spouses or members of dissolving entities. Bejeweled By Me will recognize only one downline organization and will issue only one check per Bejeweled By Me business per commission cycle. Commission checks shall always be issued to the same individual.
If a former spouse has completely relinquished all rights in the original Bejeweled By Me business pursuant to a divorce, he or she is thereafter free to enroll under any sponsor of his or her choosing without warning, waiting six calendar months. The former spouse shall have no rights to any members in his or her former organization or to any former retail customers. He or she must develop the new business in the same manner as would any other new consultant.
4.23: Succession Due to Death or Incapacitation
In the event of your death or incapacitation, your Bejeweled By Me business may be passed to your heirs. For this to occur, the necessary legal documentation must be submitted to account services at Bejeweled By Me 426 W. Lewis Pocatello, ID 83204. If you wish to bequeath your Bejeweled By Me business, please check with an attorney to prepare a will (or other testator instrument). If you transfer your Bejeweled By Me business in this manner, your beneficiary acquires the right to collect bonuses and commissions from your Downline organization, provided certain qualifications are met. The successor(s) must:
a) execute a new consultant agreement
b) Comply with terms and provisions of the agreement; and
c) Meet all of the qualifications for the deceased Consultant’s rank.
 
Bonuses and commissions of a Bejeweled By Me business transferred in this manner will be paid in a single installment. If the business is bequeathed to joint devises, they must form a business entity and acquire federal taxpayer identification Number (TIN). Bejeweled By Me will issue all bonuses and commission checks and one IRS From 1099 to the business entity.
4.24: Transfer upon Death of a Consultant
To affect a testamentary transfer of a Bejeweled By Me business, the successor must provide the following to Bejeweled By Me Account service:
a) An original death certificate;
b) A notarized copy of the will or other instrument establishing the successor’s right to the Bejeweled By Me business; and
c) A completed and executed Consultant Agreement.
 
4.25: Sponsoring
All active consultants in good standing have the right to sponsor and enroll others into Bejeweled By Me. Each prospective consultant has the ultimate right to choose his or her own sponsor. If two consultants claim to be the sponsor of the same new consultant, the company shall regard the first application received by the company as controlling.
4.26: Telemarketing
The Federal Trade Commission and the Federal Communications Commissions each have laws that restrict telemarketing practices. Both federal agencies (as well as a number of states) have “do not call” regulations as part of their telemarketing laws. While you may not consider yourself a “telemarketer” in the traditional sense of the word, 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 could cause you to violate the law. Moreover, these regulations must not be taken lightly, as they carry significant penalties (up to $11,000.00 per violation).
However, consultants have an established business relationship with the prospect. An “established business relationship” is a relationship between a consultant and a prospect based on the prospect’s purchase, rental or lease of goods or services from the consultant, or a financial transaction between the prospect and the consultant, within 18 months immediately preceding the date of a telephone call to induce the prospect’s purchase of a product or service.
The prospect’s personnel inquiry or application regarding a product or service offered by the consultant within the 3 months immediately preceding the date of such a call.
If the consultant receives written and signed permission from the prospect authorizing the consultant to call. The authorization must specify the telephone number(s) that the consultant is authorizes to call.
You may call family members, personal friends and acquaintances. An “acquaintance” is someone with whom you have at least a recent first-hand relationship (i.e., you have recently personally met him or her). Bear in mind, however, that if you make a habit of “card collecting” with everyone you meet and subsequently calling them, the FTC may consider this a form of telemarketing that is not subject to this exemption. Thus, if you engage in calling “acquaintances,” you must make such calls on an occasional basis only, and not make this a routine practice.
In addition, consultants shall not use automatic telephone dialing systems relative to the operation of their Bejeweled By Me business. The term “automatic telephone dialing system” means equipment which has the capacity to (a) store or produce telephone numbers to be called using random or sequential number generator and (b) to dial such numbers.
4.27: Back Office Access
Bejeweled By Me makes online Back Offices available to its consultants. Back offices provide consultants access to confidential and proprietary information. They may be used solely and exclusively to promote the development of a consultant’s Bejeweled By Me business and to increase sales of Bejeweled By Me products. Bejeweled By Me reserves the right to deny a consultant’s access to the back office at its sole discretion.
SECTION 5: Retail and Advertising Policy:
Retail Policy: Bejeweled By Me is a person-to-person sales company. Company policy prohibits the display or sale of Bejeweled By Me products in retail outlets, as described in the following paragraphs. Business cards, flyers, and or brochures may be distributed and displayed at all venues, including retail outlets and other places of business.
Consultants may sell their finished jewelry comprised of Bejeweled By Me products at their own discretion. If a consultant chooses to sell their own custom pieces, the sale of that product is not affiliated with, nor have any relationship with your Bejeweled By Me business.
Advertising Policy: All consultants shall safeguard and promote the good reputation of Bejeweled By Me and its products. The marketing and promotion of Bejeweled By Me, the compensation plan, the business opportunity, and Bejeweled By Me’s products must avoid all discourteous, deceptive, misleading, unethical, or immoral conduct or practices.
To promote both the products and services, and the opportunity Bejeweled By Me offers, consultants must use the sales tools and support materials produced by Bejeweled By Me, or Bejeweled By Me’s approved suppliers. The company has carefully designed its products, product labels, compensation plan, and promotional materials to ensure that they are promoted in a fair, truthful manner, that they are substantiated, and the material complies with the legal requirements of federal and state laws. Accordingly, consultants
must not produce their own literature, advertisements, sales tools and promotional materials, or internet web pages.
5.1: Trademarks and Copyrights
The name Bejeweled By Me, and other names as may be adopted by Bejeweled By Me, are proprietary trade names, trademarks and service marks of Bejeweled By Me. As such, these trade names, trademarks and service marks are of great value to Bejeweled By Me and are supplied to consultants for their use only in the manner expressly authorized in the agreement. Bejeweled By Me will not allow the use of its trade names, trademarks, designs, or symbols, or any derivatives of such marks, by any person, including Bejeweled By Me consultants, in any unauthorized manner without its prior, written permission.
The content of all company sponsored events is copyrighted material. Consultants may not produce for sale or distribution any recorded company events and speeches without written permission from Bejeweled By Me. Nor may consultants reproduce for sale or for personal use any recording of Company-produced audio or video tape presentations.
As a Bejeweled By Me consultant, first and last name and title must be printed as follows:
 First and last name, followed by the official title, “Independent Bejeweled By Me Consultant”. You may use your title as well.
 Contact Information: telephone number or the consultant’s email address may be used.
 
For example: Mary Smith, Independent Bejeweled By Me Consultant
5.2: Prohibited Advertisement Components
Consultants may not specify claims of earning potential (e.g., “earn an extra $1,000 a month” or “earn 40 percent profit,”etc.). You may not advertise special discounts or offers that may not be advertised to the public or potential customers (e.g., “no start-up fee,” “50% off,”etc.) that could undermine another consultant’s business.
5.3: Item-Specific Requirements
You may utilize the following types of advertisements when adhering to the stated stipulations of each.
5.3.1: Business Cards
Consultants must use their full name followed by “Independent Bejeweled By Me Consultant.” All Bejeweled By Me business cards must be produced in the corporate format (example following). You may include a small photo of yourself to the left or right of the Bejeweled By Me logo as long as the photo is not larger than the corporate logo. Do not include any additional information or offer specials on your business cards.
You can use the link provided in your back office to purchase business cards and promotional items through Vistaprint.
5.3.2: Chamber of Commerce Listings
Consultants may join their local Chamber of Commerce, and be included in the Chamber’s directory (this includes online directories) in any one of the following ways.
 Mary Smith, Independent Bejeweled By Me Consultant
 Mary Smith, Fine jewelry, or other jewelry categories
 Actual size, facsimile of Consultant’s business card, per business card policies in Section 5.3.a of Bejeweled By Me Policies and Procedures.
 
5.3.3: Other Directories
Consultants may exhibit their business card in the following temporary/short duration publications:
 Church or school bulletins
 *Mom’s clubs, bulletins or newsletters
 Homeowners’ association or neighborhood newsletters. Publication cannot be of a permanent nature.
 Home/Office show flyers. Flyers may be used only to promote a specific event. These flyers may be mailed or passed out. Please follow all Advertisement Policy and Procedures when producing flyers.
 Special Event/Craft show Flyers. Flyers may be used to promote a specific event and may only contain the Bejeweled By Me trademark name or logo when being distributed at and during the event.
 
5.4: Advertising on Vehicles
You may use an approved logo sticker for your vehicle. Your name and contact information may be present as long as it is not bigger than the logo.
5.5: Telephone greetings and Recorded Messages
Consultants may not have a voicemail or answer the phone in a manner that would lead others to believe that they have called the corporate office. Correct voice mail would be, Hi, my name is Mary Jones, Independent Bejeweled By Me Consultant……
Remember to check your local city and state laws before engaging in any and all advertising ventures.
SECTION 6: Internet, Websites and Social Media
Consultants must not respond to media inquiries regarding Bejeweled By Me, its products or services, or their Independent Consultant’s business. All inquiries by any type of media must be immediately referred to Bejeweled By Me’s member services department. This policy is designed to assure that accurate and consistent information is provided to the public as well as a proper public image.
6.1: Unsolicited email
Bejeweled By Me does not permit consultants to send unsolicited commercial emails unless such emails strictly comply with applicable laws and regulations including, without limitations, The Federal Can SPAM Act. Any email sent by a consultant that promotes Bejeweled By Me, the Bejeweled By Me business opportunity, or Bejeweled By Me products and services must comply with the following:
 There must be a functioning return email address to the sender.
 There must be a notice in the email that advises the recipient that he or she may reply to the email, via the functioning return email address, and that he or she may request that future email solicitations or correspondence not be sent to him or her (a functioning “opt out” notice).
 The email must include the Consultant’s physical mailing address.
 The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
 The use of deceptive subject lines and/or false header information is prohibited.
 All opt-out requests, whether received by email or regular mail, must be honored. If a consultant receives an opt-out request from a recipient of an email, the consultant must forward the opt-out request to the company.
 
Bejeweled By Me may periodically send commercial emails on behalf of consultants. By entering in to the agreement, consultant agrees that the company may send such emails and that the consultant’s physical and email addresses will be included in such emails as outlined above. Consultants shall honor opt-out requests generated as a result of such emails sent by the company.
6.2: Unsolicited faxes
Except as provided in this section; consultants may not use or transmit unsolicited faxes in connection with their Bejeweled By Me business. The term “unsolicited faxes” means the transmission via telephone facsimile or computer of any material or information advertising or promoting Bejeweled By Me, its products, its compensation plan or any other aspect of the company which is transmitted to any person. These terms do not include a fax: (a) to any person with that person’s prior express invitation or permission;
or (b) to any person with whom the consultant has an established business or personal relationship. The term “established business or personal relationship” means a prior or existing relationship formed by a voluntary two way communication between a consultant and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products offered by such consultant, or (b) a personal or familial relationship, which relationship has not been previously terminated by either party.
6.3: Online Conduct
6.3.1: Consultants Web Sites
Consultants are provided with access to a replicated website for no charge from which they can enroll new consultants, order products, and maintain their business records. Consultants may use only replicated websites provided by Bejeweled By Me to promote their business, and may not create their own websites to directly or indirectly promote Bejeweled By Me products, services, or business opportunity.
6.3.2: Domain Names, Email addresses and Online Aliases
Consultants are not allowed to use or attempt to register Bejeweled By Me or any of Bejeweled By Me’s trade names, trademarks, service names, service marks, product names, the company’s name, or any derivatives of the foregoing, for any internet domain name, e-mail address, online aliases, or social media name or address. Additionally, consultants cannot register domain names, email addresses, and/or online aliases that could cause confusion, or may be misleading or deceptive, in that they cause individuals to believe or assume the communication is from, or is the property of Bejeweled By Me.
6.3.3: Online Classifieds
You may not use online classifieds (including Craigslist) to list, sell, or retail specific Bejeweled By Me products or product bundles, or services for prospecting, recruiting, sponsoring and informing the public about the Bejeweled By Me opportunity.
6.3.4: EBay/Online Auctions
Bejeweled By Me’s products and services may not be listed on EBAY or other online auctions, nor may consultants enlist or knowingly allow a third party to sell Bejeweled By Me’s products on EBay or other online auctions.
6.3.5: Online Retailing
Consultants may not list or sell Bejeweled By Me’s products on any online retail store or e-commerce site, nor may you enlist or knowingly allow a third party to sell Bejeweled By Me’s products on any online retail store or e-commerce site.
6.3.6: Spam Linking
Spam linking is defined as multiple consecutive submissions of the same or similar content into blogs, wikis, guest books, websites, or other publicly accessible online discussion boards or forums and is not allowed. This includes blog spamming, blog comment spamming and/or spamdexing. Any comments you make on blogs, forums, guestbook’s etc. must be unique, informative and relevant.
6.3.7: Digital Media Submission (you tube, iTunes, photo bucket, etc.)
Consultants may upload, submit or publish Bejeweled By Me-related videos, audio, or photo content that they develop and create so long as it aligns with Bejeweled By Me values, contributes to the Bejeweled By Me community greater good and is in compliance with Bejeweled By Me’s Policies and Procedures. All submissions must clearly identify you as a Bejeweled By Me Independent Consultant in the content itself and in the content description tag, must comply with all copyright/legal requirements, and must state that you are solely responsible for this content. Consultants may not up-load, submit, or publish any content (video, audio, presentation or any computer files) received from Bejeweled By Me or captured at official Bejeweled By Me events or in buildings owned or operated by Bejeweled By Me without prior written permission.
6.3.8: Sponsored Links/Pay-per-click (PPC) Ads
Sponsored links or pay-per-click ads (PPC) are not acceptable.
6.3.9: Social Media
Social Media may be used by consultants to share information about their involvement in the Bejeweled By Me business and for prospecting. However, consultants who elect to use social media must adhere to the Policies and Procedures in all respects.
Social media networking websites such as Facebook, Twitter, LinkedIn, or a blog can be used to promote your business to consumers and serve as wonderful networking tools. Bejeweled By Me respects the rights of its consultants and customers to use personal web pages, blogs, and other social media tools not only as a form of self-expression, but also as a means to further their business. However, there is a big difference between speaking on “behalf of the company” and speaking “about” the company.
If a consultant chooses to use any social network to help promote their independent Bejeweled By Me business to consumers the following guidelines must be followed:
1. The name of the social media account and any corresponding URL, including a blog or website, may NOT contain, “Bejeweled By Me Inc.” or variations thereof.
 
 
2. In order to benefit from certain social network search functionality you may use the following formats in creating the name of your business’ social network account name: examples:
 
Mary Jones, Bejeweled By Me Independent Consultant
Mary Jones, Bejeweled By Me Consultant
StylishJewelryMary
MaryStylishJewelry
3. You must disclose your full name and make a statement in a prominent place on your Facebook Wall. Facebook Info Tab, Twitter Bio, About Us/Me section, or social network account home page that identifies you as a Bejeweled By Me Independent Consultant.
 
4. You may NOT imply you are a Bejeweled By Me Inc. employee.
 
5. PAID advertising is NOT allowed, this includes SOCIAL MEDIA and SEARCH ENGINE KEYWORDS.
 
6. Prohibited Advertisement Components (section 5.2) restrictions apply to social media networking websites.
 
7. Bejeweled By Me Consultants must follow all the terms and conditions set forth by the individual social network companies including all requirements for contests, sweepstakes, privacy, infringments, using social network logos and business conduct.
 
8. You may use badges, “follow me” icons, text, or social network logos for your own personal social network accounts, on personal emails, flyers, posters, car magnets, business cards, or other printed materials in which you are the sole author and creator in addition to your personal replicated webpage. You must include your account name and/or URL and mention you are a Bejeweled By Me Consultant. You must make every attempt to prevent confusion between your personal business social network account and any of the official Bejeweled By Me social network account.
 
9. If you choose to use a social network account to help promote your business, the acceptable images for a social network account profile, page profile or avatar is an image of yourself or another image that you own the rights to use. Bejeweled By Me Corporate logos and copyright images are not to be used on social network sites.
 
10. If you choose to promote your Bejeweled By Me business on your own social networking web site, be mindful that all content you post reflects on your business and the Bejeweled By Me brand. DO NOT post ant content or materials that are obscene, threatening, derogatory, disparaging, and malicious or that infringe on or violate, in any way, any law or any right of
 
 
any person or entity, or any other content that may in any way reflect poorly on you or Bejeweled By Me.
 
11. When directing visitors, followers, fans, or friends on your social network account to your own personal Bejeweled By Me business website it must be evident from a combination of the link and the surrounding text that the link will be landing at the site of a Bejeweled By Me Independent Consultant.
 
Attempts to mislead web traffic into believing they are going to the Stylish
Jewelry corporate website or social network web page, when in fact they
are being directed to a consultant’s personal web page will not be allowed
The determination as to what is misleading will be at Bejeweled By Me’s
sole discretion.
12. Bejeweled By Me Consultants are personally responsible for their own postings as well as all online activity conducted on behalf of their business. Bejeweled By Me Consultants will be held fully responsible for any and all such civilities. You may want to consider having separate personal and business social network accounts or a Facebook page in addition to your Facebook profile if you prefer to speak more freely online with your friends and family about non-business related matters. Violation of these policies will result in disciplinary sanctions.
 
6.4: Using Social Media for Your Downline
Social media can be a great way to connect with your downline and fellow Bejeweled By Me Consultants. We encourage you to use this platform as a great way to connect, encourage and communicate with other Bejeweled By Me Consultants. The same policies apply to a Facebook page, group, Twitter, or other social media platform that is dedicated to the Downline of your business.
6.5: Interacting with Official Bejeweled By Me Media
Bejeweled By Me wants to provide valuable and helpful information about products, shows, and opportunities on social networks. Anyone who likes or follows will be able to see the latest news about Bejeweled By Me. In order to create a communication environment that fosters a positive experience for everyone, it is necessary to set some specific guidelines for Bejeweled By Me Consultants.
 Add comments. Vote in polls, “like” pages or comments, contribute to conversations, re-tweet messages, reply to messages, ask questions and try to be helpful to the social network community.
 
 
 Share interesting posts, videos or tweets made by the official Bejeweled By Me media accounts with your fans and followers on your own social network. Do not post your own personal information such as personal web page URLs, social network account names or contact information in any of your comments. You are not to advertise your business or any other business on an official Bejeweled By Me network site in any way. This includes behavior that would promote your business to other followers utilizing the official Bejeweled By Me account usernames as part of your message. There is a distinct difference between acknowledging a username in a message and using it to draw attention for self promotion.
 Do not contact anyone who “likes” or “follows” the official Bejeweled By Me social network with the intent of soliciting business from them or encouraging them to “friend” or “follow” your social network accounts.
 Do not post content that offers negative opinions or complaints about Bejeweled By Me. Consumers can see this information. Negative comments will make it harder for you and everyone else doing business. Instead, please contact your upline or Consultant Care to resolve or discuss any issues regarding your business, Bejeweled By Me products, policies and procedures or any promotions. Bejeweled By Me may review all comments, photos, and links, and may remove any that we consider inappropriate or offensive.
 Be respectful of others’ opinions while participating in social network discussions. It is natural to disagree on certain topics but it is important to listen and allow others to share their thoughts. When responding to a post or comment, please be respectful, professional, and contribute to the positive communication environment that is expected of a Bejeweled By Me consultant.
 
SECTION 7: Responsibilities of Consultants
7.1: Change of Address or Telephone
To ensure timely delivery of products, support materials, commission, and tax documents, it is important that Bejeweled By Me’s files are current. Street addresses are required for shipping since a post office box is not deemed a valid shipping address. A Consultant whose contact information changes, must amend his or her contact information through their consultant back office.
7.2: Continuing Development Obligations
7.2.1: Ongoing Training
Any consultant who enrolls another consultant into Bejeweled By Me must perform a bona fide assistance and training function to ensure that his or her Downline is properly operating his or her Bejeweled By Me business. Consultants must have ongoing contact and communication with the consultants in their Downline organization. Examples of such contact and communication may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voicemail, electronic mail, and the accompaniment of downline consultants to Bejeweled By Me meetings, training sessions, and other functions and/or events. Upline consultants are also responsible to motivate and train new consultants in Bejeweled By Me product knowledge, effective sales techniques, the Bejeweled By Me Compensation Plan, and compliance with company Policies and Procedures. Communication with and the training of downline consultants must not, however, violate sections 4.1 (regarding the development of consultant-produced sales aides and promotional; materials and advertising).
Members should monitor the consultants in their downline organization to guard against downline consultants making improper product or business claims, or engaging in any illegal or inappropriate conduct.
7.2.2: Increased Training Responsibilities
As consultants progress through the various levels of leadership, they will become more experienced in sales techniques, product knowledge, and understanding of the Bejeweled By Me business. They will be called upon to share this knowledge with lesser experienced consultants within their Downline organization.
7.2.3: Ongoing Sales Responsibilities
Regardless of their level of achievement, Consultants have an ongoing obligation to continue to personally promote sales through the generation of new customers and through servicing their existing customers.
7.3: Nondisparagement
Bejeweled By Me wants to provide its Independent Consultants with the best products, Compensation Plan, and service in the industry. Accordingly, we value your constructive critisms and comments. All such comments should be submitted in writing to the Consultant Service Department. Remember, to best serve you, we must hear from you! While Bejeweled By Me welcomes constructive input, negative comments and remarks made in the field by Consultants about the Company, its products, or Compensation Plan serve no purpose other than to sour the enthusiasm of other Bejeweled By Me Consultants. For this reason, and to set the proper example for their Downline, Consultants must not disparage, demean, or make negative remarks about Bejeweled By Me, other Bejeweled By Me Consultants, Bejeweled By Me’s products, the Compensation Plan, or Bejeweled By Me’s owners, directors, officers, or employees.
7.4: Providing Documentation to Applicants
Consultants must provide the most current version of the Policies and Procedures and the Compensation Plan to individuals whom they are enrolling to become consultants before the applicant signs an Independent Consultant Application and Agreement, or ensure that they have online access to these materials.
7.5: Reporting Policy Violations
Consultants observing a policy violation by another Consultant should submit a written report of the violation directly to the attention of the Bejeweled By Me Compliance Department. Details of the incident(s), such as dates, number of occurrences, persons involved and any supporting documentation, should be included in the report.
SECTION 8: Sales Requirements
8.1: Product Sales
The Compensation Plan and Marketing Plan are based on the sale of Bejeweled By Me products and services to end consumers. Consultants must fulfill personal and Downline Organization retail sales requirements (as well as meet other responsibilities set forth in the Agreement) to be eligible for bonuses, commissions, and advancement to higher levels of achievement. For each monthly commission period, a Consultant must have $125.00 in personal sales in order to be eligible for commissions.
Consultants who do not purchase a minimum of $500.00 personal volume in a rolling 12-month period will be cancelled which causes them to be removed from the Company downline organization. Their downline and customers will be compressed to the next upline consultant who is in good standing.
8.2: Suggested Retail Prices
Consultants are encouraged to sell Bejeweled By Me products at the suggested retail prices set by Bejeweled By Me Inc.
8.3: No Territory Restrictions
There are no exclusive territories granted to anyone. No franchise fees are required.
8.4: Sales Receipts
All Consultants must provide their retail customers with two copies of an official Bejeweled By Me sales receipt at the time of the sale. These receipts set fourth the 30-day money back guarantee as well as any consumer protection rights afforded by federal
or state law. Consultants must maintain all retail sales receipts for a period of two years and furnish them to Bejeweled By Me at the Company’s request.
Consultants must ensure that the following information is contained on each sales receipt:
 The date of the transaction.
 The name and address of the selling consultant.
 The consultant must orally inform the buyer of his or her cancellation rights or write them on the receipt.
 
SECTION 9: Bonuses and Commissions
9.1: Bonus and Commission Qualifications:
A Consultant must be active and in compliance with the Agreement and these Policies and Procedures to qualify for bonuses and commissions. So long as a Consultant complies with the terms of the Agreement and these Policies, Bejeweled By Me shall pay commissions to such Consultants in accordance with the Compensation Plan. The minimum amount for which Bejeweled By Me will issue a check is $ 10.00. If a Consultant’s bonuses and commissions do not equal or exceed $10.00, the Company will accrue the commissions and bonuses until they total $10.00. A check will be issued once $10.00 has been accrued. A Consultant is considered eligible to receive a commission if they meet the CAREER Title requirements for a particular payout. To receive a payout, a Consultant must be both eligible and qualified.
9.2: Commission Payments and Promotions:
9.2.1: Payments, Calculations, and Bonuses:
Commissions will be distributed by the 20th of each month. Consultants will utilize their E-Wallet to customize their payment preference to receive their commission and bonuses.
9.2.2: Promotions
Promotions are determined based on the recruiting and sales activity for each month and are calculated only after the month-end close. Therefore, if you meet the requirement for a promotion in the middle of the month, your promotion will be recognized by the Company in the following month.
9.3: Advancement Bonus
9.3.1: Sapphire Bonus
When a person is promoted to Sapphire for the first time within their first three full months (join month + 3 months), they will receive a $100.00 one-time bonus.
9.3.2: Ruby Bonus
When a person is promoted to Ruby for the first time, they will receive a $500.00 one-time bonus.
9.4: Matching Bonuses
9.4.1: Sapphire Bonus
When a Consultant promotes to the Sapphire title for the first time and receives the Sapphire Advancement Bonus; their sponsor is eligible to receive a matching sapphire Bonus Advancement Bonus. The sponsor must be paid-as Sapphire or higher in the period the Consultant promoted to receive this bonus.
9.4.2: Ruby Bonus
The first up-line Ruby Title or higher is eligible to receive a Matching Ruby Advancement Bonus when a down-line Consultant promotes to the title of Ruby for the first time.
9.5: Adjustment to Bonuses and Commissions
Consultants receive bonuses and commissions based on the actual sales of products and services to end consumers. When a product is returned to Bejeweled By Me for a refund or is repurchased by the Company, the bonuses and commissions attributable to the return or repurchased product(s) will be (where possible) deducted in the month in which the refund is given, and continuing every pay period thereafter until the commission is recovered, from all the Consultants who received bonuses and commissions from the sales of the refunded product(s).
9.6: Unclaimed Commissions
Consultants must deposit or cash commission and bonus checks within six months from their date of issuance. A check that remains un-cashed after six months will be void. There shall be a $15.00 charge for reissuing a check. These charges shall be deducted from the balance owed to the Consultant.
9.7: Reports
All information provided by Bejeweled By Me in down-line activity reports, including but not limited to personal and group sales volume (or any part thereof), and down-line enrolling activity is believed to be accurate and reliable. Nevertheless, due to various factors including, but not limited to, the inherent possibility of human, digital, and mechanical error, the accuracy, completeness, and timeliness of orders, the denial of
credit card and electronic check payments, returned products, and credit card and electronic check charge-backs, the information is not guaranteed by Bejeweled By Me or any persons creating or transmitting the information.
ALL PERSONAL AND GROUP SALES VOLUME INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOVER. IN PARTICULAR, BUT WITHOUT LIMITATION, THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-FRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BEJEWELED BY ME AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY CONSULTANT OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF OR ACCESS TO PERSONAL AND GROUP SALES VOLUME INFORMATION ( INCLUDING, BUT NOT LIMITED TO LOST PROFITS, BONUSES, OR COMMISSIONS, LOSS OF OPPORTUNITY AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE INFORMATION), EVEN IF BEJEWELED BY ME OR OTHER PERSONS CREATING OR TRANSMMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, BEJEWELED BY ME OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILTY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABLITITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.
Access to and use of Bejeweled By Me’s online reporting services and Consultant’s reliance upon such information is at the Consultant’s own risk. All such information is provided to the Consultants “as is”. If a Consultant is dissatisfied with the accuracy or quality of the information, the Consultant’s sole and exclusive remedy is to discontinue use of and access to Bejeweled By Me’s online reporting services and reliance upon the information.
SECTION 10: Product Guarantees, Returns and Inventory Repurchase.
10.1: Retail Sales
Bejeweled By Me and its Consultants offer a 100% 30 day money-back guarantee to all retail customers and Consultants. Every Consultant is bound to honor the retail customer guarantee. If, for any reason, a retail customer is dissatisfied with any Bejeweled By Me product or services, the retail customer may return the resalable portion of the product to the Consultant from whom it was purchased, within 30 days for a replacement, exchange or a full refund of the purchase price (less shipping cost).
A retail customer who makes a purchase of $25.00 or more has three business days (72 hours, excluding Sundays and legal holidays) after the sale or execution of a contract to cancel the order and receive a full refund consistent with the cancellation notice on the order form or sales receipt (5 days for Alaska residents). When a Consultant makes a sale or takes an order from a retail customer who cancels or requests a refund within the 72 hour period, the Consultant must promptly refund the customer’s money as long as the products are returned to the Consultant in substantially as good condition as when received (5 days for Alaska residents). Consultants must orally inform customers of their right to rescind a purchase or an order within 72 hours (5 days for Alaska residents), and ensure that the date of the order or purchase is entered on the order form. All retail customers must be provided with two copies of an official Bejeweled By Me sales receipt at the time of sale. The back of the receipt provides the customer with written notice of his or her rights to cancel the sales agreement.
10.2: Return of Inventory by Consultants upon Cancellation
Upon cancellation of a Consultants’ Agreement, the Consultant may return Starter Kits, product and sales aids that he or she personally purchased from Bejeweled By Me (purchases from other Consultants or third parties are not subject to refund) that are in resalable condition and which have been purchased within one year prior to date of cancellation. Upon receipt of a Resalable Starter Kit and/or Resalable products and sales aids, the Consultant will be reimbursed 90% of the net cost of the original purchase price(s). Neither shipping nor handling charges incurred by a Consultant when the Starter Kit, products or sales aids were purchased, nor return shipping fees, will be refunded. If the purchases were made through a credit card, the refund will be credited back to the same account. If a Consultant was paid a commission based on a product(s) that he or she purchased, and such product(s) is subsequently returned for a refund, the commission that was paid based on that product will be processed according to section 9.5.
Consultants must inform the Company of intent to exercise the buy-back option within 10 business days of resignation notice. Consultants will be asked to submit invoices detailing the items to be returned. A copy of this invoice must accompany any product returned. Items must be unused, clean, and in re-salable condition. Items must be in original container/packaging. Bejeweled By Me does not accept shipping-collect packages. If a returned product is not received by the Company’s Distribution center, it is the responsibility of the Consultant to trace the shipment. No refund or replacement of product will be made if the conditions of these rules are not met.
Products received due to an error on the part of the Company must be reported within 10 business days and may be returned for full credit after the error has been verified by the Consultant Care Department.
Normal wear or accidental breakage by the customer or Consultant is not covered by our return policy. Any items tarnished or discolored from chemicals (i.e. hairspray; perfume) are not covered by our return policy.
Special Note for Montana Residents
A Montana resident may cancel his or her Consultant Agreement within 15 days from the date of enrollment, and may return his or her Starter Kit for a full refund within such time period.
SECTION 11: Dispute resolution and Disciplinary Proceedings
11.1: Disciplinary Sanctions
Violation of the Agreement, these Policies and Procedures or any illegal, fraudulent, deceptive or unethical business conduct by a Consultant may result, at Bejeweled By Me’s discretion, in one or more of the following corrective measures:
 Issuance of a written warning or admonition;
 Requiring the Consultant to take immediate corrective measures;
 Imposition of a fine, which may be withheld from Bonus and Commission checks;
 Loss of rights to one or more bonus and commission checks;
 Forfeit of all bonuses, payments, incentives, awards, allowances, and promotion(s).
 Suspension of the individual’s Consultant Agreement during the period when Bejeweled By Me is investigating any conduct allegedly in violation of the Consultant Agreement. This includes revoking ordering privileges, and may affect the Consultant’s commissions, bonuses, promotion(s), incentives, awards, and allowances.
 The withholding from a Consultant of all or part of the Consultant’s bonuses and commissions during the period that Bejeweled By Me is investigating any conduct allegedly in violation of the Agreement. If a Consultant’s business is canceled for disciplinary reasons, the Consultant will not be entitled to recover any commissions withheld during the investigation period;
 Suspension of the individual’s Consultant Agreement for one or more pay periods;
 Involuntary termination of the offender’s Consultant Agreement;
 Any other measure expressly allowed within any provision of the Agreement or that Bejeweled By Me deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Consultant’s policy violations or contractual breach; or
 In situations deemed appropriate by Bejeweled By Me, the Company may institute legal proceedings for monetary and/or equitable relief.
 
11.2: Grievances and Complaints
When a Consultant has a grievance or complaint with another Consultant regarding any practice or conduct in relationship to their respective Bejeweled By Me businesses, the complaining Consultant should first report the problem to his or her sponsor, who should review the matter and try to resolve it with the other party’s upline sponsor. If the matter cannot be resolved, it must be reported in writing to the Consultant Care department at the Company. The Consultant Care Department will review the facts and determine if a policy violation has occurred and take appropriate action.
11.3: Arbitration
Any controversy or claim arising out of or relating to the agreement, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association or other recognized arbitration service, under its commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Consultants waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in the County of Bannock, Idaho, unless the law of the state in which a Consultant resides expressly requires the application of its laws, in which case the arbitration shall be held in the capital of that state. All parties shall be entitled to all discovery rights pursuant to the Federal Rules of Civil Procedure. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions, with strong preference being an attorney knowledgeable in the direct selling industry, selected from the panel that the American Arbitration Panel provides. The prevailing party shall be entitled to receive from the losing party, OR each party to the arbitration shall be responsible for its own, costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall 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 arbitration shall survive any termination or expiration of the Agreement.
Nothing in these Policies and Procedures shall prevent Bejeweled By Me 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 Bejeweled By Me’s interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
11.4: Governing Law, Jurisdiction, and Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside in Bannock County, State of Idaho, unless laws of the state in which a Consultant resides expressly require the application of its laws. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the state of Idaho shall govern all other matters relating
to or arising from the Agreement unless the laws of the state in which a Consultant resides expressly require the application of its laws.
Louisiana residents: Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law.
SECTION 12: Ordering
12.1: Purchasing Bejeweled By Me Products
Each Consultant should purchase his or her products directly from Bejeweled By Me. If a Consultant purchases products from another Consultant or any other source, the purchasing Consultant will not receive the personal sales volume that is associated with that purchase.
12.2: General Order Policies
On mail or fax orders with invalid or incorrect payment, Bejeweled By Me will attempt to contact the Consultant to obtain another payment. If these attempts are unsuccessful after five working days, the order will be deleted and not processed. No C.O.D. orders will be accepted. Bejeweled By Me maintains no minimum order requirements. Orders for product and sales aids may be combined.
12.3: Shipping and Back Order Policy
Bejeweled By Me will expeditiously ship any part of an order currently in stock. Backordered products are shipped at Bejeweled By Me’s expense but may not be combined with other items ordered.
12.4: Confirmation of Order
A Consultant must confirm that the product received matched the product listed on the shipping invoice and is free of damage. Failure to notify Bejeweled By Me of any shipping discrepancy or damage within 10 days of receipt will cancel a Consultant’s right to request a correction.
12.5: Hours
All orders may be placed online through the Consultant’s replicated site. To make a phone purchase, hours are Monday through Friday, 8:00am to 5:00 pm, Mountain Time. (Holidays excluded) at (208) 233-4282. This information is subject to change.
12.6: Payments
All payments must be made at the time order is placed. All payments must go through your E-Wallet in your back office.
SECTION 13: Sales Tax
Bejeweled By Me is required to charge sales tax on all purchases made by Consultants and customers, and remit the taxes charged to the respective states. Accordingly, Bejeweled By Me will collect and remit sales taxes on behalf of Consultants, based on the suggested retail price of the products, according to applicable tax rates in the state or province to which the shipment is destined. If a Consultant has submitted, and Bejeweled By Me has accepted, a current Sales Tax Exemption certificate and Sales Tax Registration License, sales taxes will not be added to the invoice and the responsibility of collection and remitting sales taxes to the appropriate authorities shall be on the Consultant. Exemption from the payment of sales tax is applicable only to orders which are shipped to a state for which the proper tax exemption papers have been filed and accepted. Applicable sales taxes will be charged on orders that are drop-shipped to another state. Any sales tax exemption accepted by Bejeweled By Me in not retroactive.
SECTION 14: Inactivity and Cancellation:
14.1: Effect of Cancellation
So long as a consultant remains active and complies with the terms of the Agreement, including these Policies and Procedures, Bejeweled By Me shall pay commissions to such Consultant in accordance with the Compensation Plan. A Consultant’s bonuses and commissions constitute the entire consideration for the Consultant’s efforts in generating sales and all activities related to generating sales (including building Downline Organization). Following a Consultant’s nonrenewal of his or her agreement, cancellation for inactivity, or voluntary or involuntary cancellation of his or her Agreement (all of these methods are collectively referred to as “cancellation”), the former Consultant shall have no right, title, claim, or interest to the Downline Organization which he or she operated, or any commission or bonus from the sales generated by the Downline organization. Upon cancellation, a Consultant will lose all rights as a Consultant. This includes the right to sell Bejeweled By Me products and services and the right to receive future commissions, bonuses, or other income resulting from the sales and other activities of the Consultant’s former Downline Organization. In the event of cancellation, Consultant’s agree to waive all rights they may have, including but not limited to property rights, to their former Downline Organization and to any bonuses, commissions or other remuneration derived from the sales and other activities of his or her former Downline Organization.
Following cancellation of a Consultant’s Agreement, the former Consultant shall not hold himself or herself out as a Bejeweled By Me Consultant and shall not have the right to sell Bejeweled By Me products or services. A Consultant whose business is cancelled shall receive commissions and bonuses only for the last full pay period he or she was active prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
14.2: Involuntary Cancellation
A Consultant’s violation of any of the terms of the Agreement, including any amendments or modification that may be made by Bejeweled By Me in its sole discretion, may result in any of the sanctions listed in Section 11, including the involuntary cancellation of his or her Agreement. Cancellation shall be effective on the date on which written notice is mailed, emailed, faxed, or delivered to an express courier, to the Consultant’s last known address, email address, or fax number, or to his/her attorney, or when the Consultant receives actual notice of cancellation, whichever occurs first.
Bejeweled By Me reserves the right to terminate all Agreements upon thirty (30) days written notice in the event that it elects to: (1) cease business operations; or (2) terminate distribution of its products via direct selling.
14.3: Voluntary Cancellation
A Consultant has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address or faxed. The written notice must include the Consultant’s signature, printed name, address, and Consultant I.D. number.
14.4: Non-renewal
A Consultant may also voluntarily cancel his or her Agreement by failing to renew the Agreement on its anniversary date. The Company may also elect not to renew a Consultant’s Agreement upon its anniversary date.
SECTION 15: “Jewels”
 

 

 
Stylish Jewelery, Inc., dba Bejeweled By Me
PO Box 162
Inkom, ID  83245
info@bejeweledbyme.com
2082237070