independent beauty advisor application and agreement€¦ · credit card number ccv code expiration...

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Dudley Beauty Corp, LLC, 1835 Eastchester Dr., High Point, NC 27265 Phone & Fax: 888-573-8210 Email: [email protected] 0930 Page | 1 INDEPENDENT BEAUTY ADVISOR APPLICATION AND AGREEMENT Please print clearly and complete all areas so that Dudley can process this Application and Agreement. Make a copy for your files. Name: Last First Middle Shipping Address: City State Zip Code Mailing Address (if different): City State Zip Code Phone (daytime): Phone (home): Phone (cell): __________________________________________________ Email address: SPONSOR NAME PAYMENT INFORMATION: __ Credit Card Number CCV Code Expiration Date Name on Card Signature of Cardholder Payment Authorization: I am the authorized user of the above Credit Card and hereby authorize Dudley Beauty Corp, LLC to charge the above Credit Card for the cost of my Materials Starter Kit, and for the cost of sample, product and materials orders. Credit card billing address must match Applicant’s mailing address listed above. Starter Kit Order Authorization: _______ [initials] I elect to order a Materials Starter Kit for $49 + shipping and handling of $10 + sales taxes and authorize Dudley Beauty Corp, LLC to charge my Credit Card above for such charges. SIGNATURE: I acknowledge that I have read, understand and agree to the terms and conditions set forth in this Dudley Independent Beauty Advisor Application and Agreement (“Agreement”). I will conduct my business in accordance with this Agreement, the Dudley Policies and Procedures and Compensation documents, and other materials provided to me by Dudley as they may be amended from time to time. I understand and acknowledge that no person has been authorized to give any information or make any representation not contained herein or in any Dudley literature and, if given or made, such information or representation must not be relied upon as having been authorized by Dudley. I hereby certify that the information furnished with this Agreement is true and correct and that Dudley is authorized to independently confirm and verify such information. I understand that this Agreement is subject to such verification and acceptance by Dudley at its sole discretion. Applicant’s Signature Date Name (print) Authorized acceptance by Dudley Beauty Corp, LLC CANCELLATION RIGHTS: I may cancel this Agreement at any time and for any reason by giving written notice to Dudley Beauty Corp, LLC containing my printed, address and original signature. In addition to the foregoing right to cancel, the Federal Trade Commission rules require the following notice: You, the Applicant, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See page 3 of this form for an explanation of your Notice of Cancellation right. Fax or email the completed signed original 3 page Application and Agreement to 888-254-3336 or [email protected] TO COMPLETE YOUR APPLICATION, YOU MUST SUBMIT A COMPLETED IRS FORM W-9 (http://www.irs.gov/pub/irs-pdf/fw9.pdf) WITHIN 60 DAYS FROM THE DATE OF THIS APPLICATION.

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Page 1: INDEPENDENT BEAUTY ADVISOR APPLICATION AND AGREEMENT€¦ · Credit Card Number CCV Code Expiration Date Name on Card Signature of Cardholder Payment Authorization:I am the authorized

Dudley Beauty Corp, LLC, 1835 Eastchester Dr., High Point, NC 27265 Phone & Fax: 888-573-8210 Email: [email protected] 0930 P a g e | 1

INDEPENDENT BEAUTY ADVISOR APPLICATION AND AGREEMENT

Please print clearly and complete all areas so that Dudley can process this Application and Agreement. Make a copy for your files.

Name: Last First Middle Shipping Address: City State Zip Code Mailing Address (if different): City State Zip Code Phone (daytime): Phone (home): Phone (cell): __________________________________________________ Email address: SPONSOR NAME PAYMENT INFORMATION: __ Credit Card Number CCV Code Expiration Date Name on Card Signature of Cardholder Payment Authorization: I am the authorized user of the above Credit Card and hereby authorize Dudley Beauty Corp, LLC to charge the above Credit Card for the cost of my Materials Starter Kit, and for the cost of sample, product and materials orders. Credit card billing address must match Applicant’s mailing address listed above. Starter Kit Order Authorization: _______ [initials] I elect to order a Materials Starter Kit for $49 + shipping and handling of $10 + sales taxes and authorize Dudley Beauty Corp, LLC to charge my Credit Card above for such charges. SIGNATURE: I acknowledge that I have read, understand and agree to the terms and conditions set forth in this Dudley Independent Beauty Advisor Application and Agreement (“Agreement”). I will conduct my business in accordance with this Agreement, the Dudley Policies and Procedures and Compensation documents, and other materials provided to me by Dudley as they may be amended from time to time. I understand and acknowledge that no person has been authorized to give any information or make any representation not contained herein or in any Dudley literature and, if given or made, such information or representation must not be relied upon as having been authorized by Dudley. I hereby certify that the information furnished with this Agreement is true and correct and that Dudley is authorized to independently confirm and verify such information. I understand that this Agreement is subject to such verification and acceptance by Dudley at its sole discretion. Applicant’s Signature Date Name (print) Authorized acceptance by Dudley Beauty Corp, LLC CANCELLATION RIGHTS: I may cancel this Agreement at any time and for any reason by giving written notice to Dudley Beauty Corp, LLC containing my printed, address and original signature. In addition to the foregoing right to cancel, the Federal Trade Commission rules require the following notice: You, the Applicant, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See page 3 of this form for an explanation of your Notice of Cancellation right.

Fax or email the completed signed original 3 page Application and Agreement to 888-254-3336 or [email protected]

TO COMPLETE YOUR APPLICATION, YOU MUST SUBMIT A COMPLETED IRS FORM W-9 (http://www.irs.gov/pub/irs-pdf/fw9.pdf) WITHIN 60 DAYS FROM THE DATE OF THIS APPLICATION.

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DUDLEY INDEPENDENT BEAUTY ADVISOR APPLICATION AND AGREEMENT

TERMS AND CONDITIONS

1. I understand that my execution and delivery of this Independent Beauty Advisor Application and Agreement (“Agreement”) to Dudley Beauty Corp, LLC (“Dudley ”) constitutes my application to become a Dudley Independent Beauty Advisor (“Advisor”.)

2. I am competent and of legal age to enter into binding contracts and I have carefully read and agree to comply with this Agreement, the Advisor Guide, and acknowledge that the terms of the Advisor Guide are incorporated as part of this Agreement in their present form and as modified from time to time by Dudley. 3. The sale of Dudley products to retail or beauty supply stores, flea markets, internet or online sites (unless the online site is approved by Dudley) or to anyone whom you suspect or know intends to re-sell such products through the Internet, a beauty supply or retail store, or auction site is specifically prohibited. 4. As a Dudley Advisor, I understand and agree to the following: a) I have the right to offer Dudley products for sale as described in the Advisor Guide. b) I will have the right to enroll other individuals as Dudley Beauty Advisors or Dudley Beauty Club members in accordance with the Advisor Guide. c) I will receive bonus payments on my Dudley personal sales and the sales of my Dudley sales organization in accordance with the Career Plan when I qualify. d) I will comply with all federal, state, and local laws, rules and regulations as may be required by Federal, state, and local laws. e) I will comply with all credit card merchant agreement provisions that pertain to my collection and storage of any user information. I acknowledge, in writing, my compliance with all credit card industry rules and Payment Card Industry Data Security Standards (“PCIDSS”). f. I will perform my obligations as an Advisor with honesty and integrity and in accordance with the Direct Selling Association (DSA) Code of Ethics.

5. I understand and agree that Dudley may, at its sole discretion, unilaterally amend this Agreement, the Policies and Procedures, the Career Plan and any other agreements, policies, procedures, rules, guidelines, directives, programs or offers with or from Dudley (collectively referred to herein as the “Dudley Agreements”), and that all such amendments will be effective at the time of amendment and will apply to and be binding on me. 6. I agree that as an Advisor I am an independent contractor, and not an employee, agent, partner, legal representative, or franchisee of Dudley, and that I am not authorized to and will not incur any debt, expense, or obligation on behalf of, for, or in the name of Dudley. I understand that I will not be treated as an employee of Dudley for any purpose, including but not limited to for Federal, State or local laws or income taxes, employment, social security, workers compensation or other taxes applicable to employees. I agree that I am solely responsible for all applicable Federal and state income taxes, self-employment taxes, sales taxes, local taxes, and/or license fees that may result from my activities as an Advisor. I further agree that I will be solely responsible for paying all expenses related to my activities as an Advisor and agree that all bonuses and other incentives received from Dudley will be reportable and treated as income pursuant to IRS Form 1099.

7. As a service provided to my business as a Dudley Advisor, I authorize Dudley to collect and remit all applicable sales taxes on products and materials based on the suggested retail price of the products and materials as calculated by Dudley. I understand that I may elect to collect and remit sales taxes directly by providing a copy of the appropriate resale tax license to Dudley.

8. I acknowledge that the Dudley trademarks, service marks, trade names, patents and copyrighted materials are owned solely by Dudley, and that use of such marks and materials by a Dudley Advisor must be in compliance with Dudley ’s written policies, as such may be amended by Dudley from time to time. I agree to use only written, recorded or other promotional or advertising materials which have been produced by Dudley and/or approved in writing by Dudley prior to use and bear its approval designation. Dudley has the exclusive proprietary interest in its customer lists, Dudley Advisor lists, manufacturing procedures and in all operating, financial and marketing materials, and that all such information is confidential. I will not use or disclose such information to any third party except in strict accordance with the Dudley Agreements. I agree to use my best efforts to keep such information confidential and shall not use such information to sell products other than Dudley products or in connection with any other business during the term of and after termination of this Agreement. Upon termination or non-renewal of this Agreement, I will immediately cease all use of the Dudley

trademarks, service marks and proprietary and confidential information and, if requested by Dudley, return all such materials in my possession to Dudley. 9. I authorize Dudley to publish in its official material (including on its website) my name, photograph, personal story and/or likeness, the amount of bonuses, awards, or prizes given to me, and other information that Dudley desires to publish regarding its Advisors, and I waive all claims for remuneration for such use. I further consent to Dudley sending me email messages, text messages or notifying me by telephone or facsimile regarding its products, service, Career Plan opportunity and other topics that Dudley determines may be of interest or benefit to me. I agree that my receipt of such messages will not be deemed a violation by Dudley of any state or federal telephone solicitation, no-call, anti-spam, consumer protection or similar laws. 10. As an inducement for Dudley to enter into this Agreement and in consideration of the mutual covenants contained herein, I agree that during the term of this Agreement and for a period of one year thereafter, I will not, directly or indirectly, on my own behalf or on the behalf of any other person or entity, solicit, recruit or attempt to recruit any Dudley Advisor, manager, employee, customer or vendor of Dudley (a) to enter into any business relationship with any other direct sales or network marketing Dudley or individual or (b) to terminate or alter his or her business relationship with Dudley . 11. I understand that all of my rights under this Agreement (including rights to any profits, bonuses and privileges) are personal to me and may not be assigned or transferred without the prior written consent of Dudley. 12. I understand that the term of this Agreement is one calendar year from date of my enrollment as Independent Advisor and will automatically renew for subsequent one calendar year periods unless otherwise terminated in accordance with the terms hereof.

Either party may terminate this Agreement for any reason upon notice to the other party. Notice by the Advisor should be sent to Dudley, Attention: Beauty Advisor Department, 1835 Eastchester Dr, High Point, NC, 27265 or by e-mail to [email protected]. This Agreement will automatically terminate upon my death, insolvency or bankruptcy. I acknowledge that Dudley may close my account and terminate this Agreement if I remain an “inactive” Advisor for a specified period of time as set out in the Career Plan and Policies and Procedures. I understand that in the event this Agreement is canceled or terminated for any reason, I will permanently lose all rights as an Advisor. In the event of non-renewal, cancellation or termination of this Agreement, I waive all rights, including, but not limited to, property rights, to my former sales team and to any bonuses or other remuneration derived through the sales and other activities of my former sales team. 13. Where notice of termination is given by either party during the initial one year term of this Agreement, within fourteen (14) days of such notice, Dudley will repay to you any monies which you have paid to Dudley under this Agreement less: (a) any amount paid by you for products or samples that you have sold or used; (b) an amount equal to the value of any materials which have been delivered to you and which you have not either returned to Dudley or delivered to a person designated by Dudley to receive such materials. Upon termination of this Agreement other than as set forth above in this Section, Dudley will buy back products and materials which you have purchased in the last twelve (12) months that are in a marketable and re-saleable condition at a price which is ninety percent (90%) of the price that you paid for the products, less any bonuses paid to you in connection with that purchase and less appropriate setoffs and legal claims as set forth in Dudley ’s Policies and Procedures. Your rights under this Section are subject to Dudley’s right to require the payment of all sums paid or credited to you as bonuses under the Career Plan in respect of any such products purchased from you by Dudley. 14. I understand that my failure to comply with the terms and conditions of any of the Dudley Agreements or of any applicable law in the course of my activities as an Advisor will constitute a breach of this Agreement, and Dudley may, at its discretion, terminate this Agreement or undertake corrective action as set forth in the Policies and Procedures. If I am in breach of this Agreement at the time it is terminated, I understand that I will not be entitled to receive any further bonuses, whether or not sales giving rise to such bonuses have been completed. 15. I agree to hold harmless, indemnify and release Dudley, its directors, officers, members, employees, assigns and agents from and against, and I hereby

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waive any claims or liability arising from or relating to my activities as an Advisor, and any claims I may have for consequential, special or exemplary damages against Dudley for any reason whatsoever. 16. This Agreement, the Dudley Career Plan and the Policies and Procedures as amended from time to time by Dudley at its sole discretion, (all of which are incorporated herein by reference) constitute the entire Agreement between Dudley and myself, supersede all prior Agreements and no other promises, representations, guarantees, or Agreements of any kind shall be valid unless in writing and signed by both parties. 17. Any waiver by Dudley of any breach of this Agreement must be in writing and signed by an authorized officer of Dudley and any such waiver of such breach in any manner shall not be construed as a waiver of any subsequent breach. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of this Agreement will remain in full force and effect. 18. This Agreement will be governed by and construed in accordance with the laws of the State of North Carolina, without regard to principles of conflicts of laws. To the extent permitted by applicable law, all disputes and claims relating to Dudley, the Dudley Agreements, or Dudley ’s products and Career Plan opportunity, or any other claims or causes of action relating to my performance under the Dudley Agreements shall be settled totally and finally by binding arbitration in the State of North Carolina, using an arbitrator mutually agreeable to the parties. If the parties are unable to agree upon an arbitrator, then either party may petition a court of competent jurisdiction to appoint an arbitrator. If arbitration is not permitted by applicable law, then, to the extent permitted by

applicable law, all disputes and claims shall be brought and maintained in the United States District Court for the District of North Carolina. To the extent permitted by law, the prevailing party in any proceeding (whether in arbitration or court proceeding or otherwise) shall be entitled to an award of attorneys’ fees and costs (including such party’s share of the arbitrator’s fees). Nothing in this Agreement shall prevent Dudley 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 Dudley 's interests 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 pending proceeding. This provision shall survive any termination or expiration of this Agreement. 19. I understand and agree that if I desire to bring an action against Dudley for any act or omission relating to or arising from the Dudley Agreements, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against Dudley for such act or omission. To the extent permitted by law, I waive all claims that any other statutes of limitations applies. 20. I understand that a signed Agreement must be on file at Dudley before bonuses earned will be paid. A faxed or scanned copy of this Agreement thereto shall be treated as an original in all respects, subject to amendment as provided for herein.

Notice of Cancellation Required by Federal Trade Commission [date on application] You may CANCEL this transaction, without any Penalty or Obligation, within THREE BUSINESS DAYS from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, e-mail, fax, mail or deliver a signed and dated copy of this Cancellation Notice, or any other written notice, NOT LATER THAN MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE ON THE APPLICATION AS NOTED ABOVE, to: Dudley Beauty Corp, LLC, Attn: Beauty Advisor Department, 1835 Eastchester Dr., High Point, NC 27265. Fax: 888-254-3336 Email: [email protected] I HEREBY CANCEL THIS TRANSACTION. (Cancellation Request Date) (Applicant’s signature) (Applicant’s name – please print)

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DUDLEY INDEPENDENT ADVISOR APPLICATION AND AGREEMENT DIRECT DEPOSIT: All bonuses are paid through direct deposit (ACH Credit) into your checking account. Please

attach a voided check below in order to properly set up your deposits. Upon receipt of your direct deposit application, all processing is done on the 15th of each month. The banking system requires a minimum of 10 business days to process the initial ACH request. After this initial time period delay and assuming your account number has been verified, direct deposits into your account should start automatically. I hereby authorize Dudley Beauty Corp, LLC (“Dudley ”) to initiate credit entries (deposits), and if necessary, debit entries (withdrawals and adjustments) for any credit entries in error to my checking account indicated below in the attached voided check at the depositor named on said check,

hereinafter called DEPOSITORY, to credit and/or debit the same to such account. This authorization is to remain in full force and effective until Dudley has received written notification from me of its termination in such time and in such manner as to afford Dudley and DEPOSITORY a reasonable opportunity to act on it. If I change banks or account numbers, this authorization becomes void and I must sign a new authorization. Dudley shall have no liability to me for any losses or damages suffered by me as a result of Dudley’s use of ACH direct deposits as specified herein.

Authorized Account Holder’s Signature Date Account Holder’s name (Print)

Attach your voided check to this form