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Terms and Conditions

Terms & Conditions

INDEPENDENT SEXY DIVA LINGERIE PARTIES PRESENTER'S APPLICATION AND AGREEMENT

Agreement: For good and valuable consideration, the receipt of which is hereby acknowledged, Sexy Diva Lingerie Parties Inc. (the “Company”) and the undersigned and above-identified applicant (“you”, “Sexy Diva Lingerie Parties Inc Presenter”), hereby enter into this Independent Sexy Diva Lingerie Parties Inc Presenter Agreement (“Sexy Diva Lingerie Parties Inc Presenter Agreement”), on the terms and conditions that follow.

  1. Acceptance and Effective Date. The applicant submitting this Sexy Diva Lingerie Parties Inc Presenter Agreement shall become a Sexy Diva Lingerie Parties Inc Presenter only upon the acceptance of this Sexy Diva Lingerie Parties Inc Consultant Agreement by the Company. The Company reserves the right to reject any new Sexy Diva Lingerie Parties Inc Presenter Agreement.Sexy Diva Lingerie Parties has the right to cancel any Presenters agreement without notice. If an applicant is not accepted as a Sexy Diva Lingerie Parties Inc Presenter, the Company shall notify the applicant within thirty (30) days of the submission of this Sexy Diva Lingerie Parties Inc Presenter Agreement. If no such notice is provided, the applicant shall be deemed accepted as a Sexy Diva Lingerie Parties Inc Presenter by the Company and this Sexy Diva Lingerie Parties Inc Presenter Agreement shall become effective as of the date it is submitted to the Company by the applicant.
  2. The Agreement. This Sexy Diva Lingerie Parties Inc Presenter Agreement hereby incorporates by this reference the Sexy Diva Lingerie Parties’ Business Owner’s Manual outlining the Policies and Procedures (“Policies and Procedures”) and the Sexy Diva Lingerie Parties Inc Compensation Plan (“Compensation Plan”), in their current form and as those documents may be amended at the sole discretion of the Company. The Policies and Procedures and the Compensation Plan form an integral part of this Sexy Diva Lingerie Parties Inc Presenter Agreement. Collectively, this Sexy Diva Lingerie Parties Inc Presenter Agreement, the Policies and Procedures, and the Compensation Plan are referred to as the “Agreement.” By submitting this Sexy Diva Lingerie Parties Inc I Presenter Agreement, you certify that you have read and agree to all terms and conditions in the Policies and Procedures and Compensation Plan. It is the responsibility of each Sexy Diva  Presenter to read, understand, and ensure that he or she is aware of and operating in compliance with the most current version of the Policies and Procedures, a copy of which can be found at the Company’s official website. Likewise, when you sponsor a new Sexy Diva Lingerie Parties Inc Presenter it is your responsibility to ensure he or she has read and understands all components of the Sexy Diva Lingerie Parties Inc Presenter Agreement, including the Policies and Procedures and the Compensation Plan, before such individual signs on as a Sexy Diva Lingerie Parties Inc Presenter. In the event of a conflict between the terms or conditions of the Sexy Diva Lingerie Parties Inc Presenter Agreement, the Compensation Plan, and/or the Policies and Procedures, the Policies and Procedures shall control.
  3. Changes to the Sexy Diva Lingerie Parties Inc Presenter Agreement. The Company reserves the right to amend the Sexy Diva Lingerie Parties Inc Presenter Agreement and/or any portion thereof in its sole and absolute discretion. By executing this Sexy Diva Lingerie Parties Inc Presenter Agreement, each Sexy Diva Lingerie Parties Inc Presenter agrees to abide by all amendments and modifications made by the Company. Amendments shall be effective 30 days after publication of the amended terms 2 by the Company. Notification and/or publication of amendments shall be published by one or more of the following methods: (1) posting on the Company’s official website (www.sexydivalingerie.com); (2) email; (3) inclusion in Company publications or periodicals; or (4) special mailings. The continuation of a Sexy Diva Lingerie Parties Inc Presenter business, accessing a Sexy Diva Lingerie Parties Inc Online Business Office, and/or a Sexy Diva Lingerie Parties Inc Presenter's acceptance of any bonuses or commissions following the amendment of the Sexy Diva Lingerie Parties Inc Presenter Agreement shall each constitute acceptance of an agreement to all amendments.
  4. Term and Renewal of this Sexy Diva Lingerie Parties Inc Presenter Agreement. Continuation of a Sexy Diva Lingerie Parties Inc Presenter's business including continued acceptance of bonuses and commissions or access of the Sexy Diva Lingerie Parties Inc Online Business Office constitutes the Sexy Diva Lingerie Parties Inc Presenters acceptance of the renewal of the Sexy Diva Lingerie Parties Inc Presenter Agreement.
  5. Requirements to Become a Sexy Diva Lingerie Parties Inc Presenter. To become a Sexy Diva Lingerie Parties Inc Presenter you must satisfy and comply with all of the requirements set forth in the Policies and Procedures, including (a) be of the age of 18 year old (b) reside in the United States of America or U.S. Territories, (c) you must provide the Company with a valid Social Security or Federal Tax ID number ��" US citizens only; (d) read and agree to abide by the Policies and Procedures and Compensation Plan; and (e) execute and submit a properly completed Sexy Diva Lingerie Parties Inc Consultant Agreement to Sexy Diva Parties . You must complete this Sexy Diva Lingerie Parties Inc Sexy Diva Lingerie Parties Inc Presenter Agreement and agree to all terms and related documents yourself. An existing Sexy Diva Lingerie Parties Inc Presenter and/or your Sponsor, representative, agent, or any other individual must not fill out, sign, or accept this Sexy Diva Lingerie Parties Inc Presenter Agreement on your behalf. If any person other than yourself fills out, signs, or executes this Sexy Diva Lingerie Parties Inc Presenter Agreement at your direction, with your knowledge or consent, or on your knowing behalf, the Sexy Diva Lingerie Parties Inc Presenter Agreement, including the Policies and Procedures and Compensation Plan, shall be binding on you to the same extent as if you had executed the Sexy Diva Lingerie Parties Inc Presenter Agreement yourself.
  6. Business Entities as Sexy Diva Lingerie Parties Inc Presenter. Under certain circumstances, business entities may apply to be, or current Sexy Diva Lingerie Parties Inc Presenter may apply to operate their business as a business entity. For full details on the requirements and limitations on the use of business entities in connection with your Sexy Diva Lingerie Parties Inc business.
  7. One Sexy Diva Lingerie Parties Inc Business Per Household. A Sexy Diva Lingerie Parties Inc Presenter may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one Sexy Diva Lingerie Parties Inc business, and members of the same Household may not enter into or have an interest in more than one Business. Sexy Diva Lingerie Parties Inc Certain exceptions may be considered by the Company on a case-by case basis. For further details, refer to the Policies and Procedures.
  8. Operation of Your Sexy Diva Lingerie Parties Inc Business. When your Sexy Diva Lingerie Parties Inc Presenter Agreement has been accepted by Sexy Diva Lingerie Parties  and you become a qualified Sexy Diva Lingerie Parties Inc Presenter, you have the right to engage in certain business activities in accordance with the terms of the Sexy Diva Lingerie Parties Inc Presenter Agreement, including to sell Sexy Diva Lingerie Parties Inc products; participate in the Compensation Plan; sponsor other Sexy Diva Lingerie Parties Inc Presenter (build your organization);  access Sexy Diva Lingerie Parties Inc -sponsored support, training, motivational, and recognition functions; participate in Sexy Diva Parties sponsored promotional and incentive contests and programs. The purchasing of products and marketing of your Sexy Diva Lingerie Parties Inc business are subject to specific restrictions, terms, and conditions, all of which are set forth in the Policies and Procedures. You agree to comply with all federal, state, and local laws and regulations in the conduct of your business, and to act at all times diligently, ethically, and professionally. You will not advise or encourage excessive buying of product or inventory at unrealistic levels. EFFECTIVE 
  9. Independent Sales Contractor Status. Sexy Diva Lingerie Parties Inc Presenter are independent sales contractors. This Sexy Diva Lingerie Parties Inc Presenter Agreement between a Presenter and Sexy Diva Lingerie Parties does not create an employer/employee relationship, partnership, agency, joint venture or allow Presenters to act in any manner as an agent of the Company, a Company officer or any other representative or fiduciary capacity. A Sexy Diva Lingerie Parties Inc Presenter has no authority (expressed or implied) to bind the Company to any obligation. As a result, Sexy Diva Lingerie Parties Inc Presenters are solely responsible for paying all local, state, and federal taxes owed from any sales or compensation earned and any licensing fees. Additionally, Sexy Diva Lingerie Parties Inc will not treat Sexy Diva Lingerie Parties Inc Presenter as an employee for federal tax purposes. This means that Sexy Diva Lingerie Parties will not withhold FICA, Sales Tax or taxes of any kind from Online Sales bonuses, free product and commissions payments, Except Nevada Sales tax on Nevada Residents Purchases. You are responsible for collecting all of your state sales tax until 2018 then we will have the process in place to take care of that for you.You will be notified 30 days in advance from when that happens.
  10. . Sexy Diva Lingerie Parties Inc Sexy Diva Lingerie Parties Inc Presenters are solely responsible for paying local, state, and federal taxes on any income generated as a Sexy Diva Lingerie Parties Inc Presenter. 4 Sexy Diva Lingerie Parties Inc Presenters are solely responsible for paying all expenses incurred in developing your business and are not authorized to incur any debt or obligation on behalf of or in the name of Sexy Diva Lingerie Parties or other Sexy Diva Presenters or to open any checking, savings, or merchant account on behalf of, for, or in the name of Sexy Diva Lingerie Parties Inc
  11. Sale, Transfer, or Assignment of a Sexy Diva Lingerie Parties Inc Business. Although your Sexy Diva Lingerie Parties Inc business is privately owned and independently operated, the sale, transfer, or assignment of a Sexy Diva Lingerie Parties Inc business, and the sale, transfer, or assignment of an interest in a business entity that owns or operates a Sexy Diva Lingerie Parties Inc business, is subject to certain limitations, including approval of any such transaction by the Company. For further details, please refer to the Policies and Procedures in the Business Owner’s Manual.
  12. Sponsoring New Sexy Diva Lingerie Parties Inc Presenters. As detailed in the Business Owner’s Manual, Presenters have the right to sponsor new Sexy Diva Lingerie Parties Inc Presenters into the Company, and thereby build a sales organization and potentially increase commissions and bonuses earned under the Compensation Plan. When a Presenter sponsors a new Sexy Diva Lingerie Parties Inc Presenter, you must ensure they have access to and have reviewed the latest version of the Policies and Procedures and the Compensation Plan before the new Sexy Diva Lingerie Parties Inc Consultant signs the Sexy Diva Lingerie Parties Inc Presenter Agreement or signs up online. In addition, as a sponsor, you agree to take a proactive role in providing assistance and training to your sponsored Sexy Diva Lingerie Parties Inc Presenters and their organizations. As you progress through various levels of leadership and become more skilled and experienced in sales techniques, product knowledge, and your understanding of Sexy Diva Lingerie Parties Inc, you may be called upon to share this knowledge with newer Sexy Diva Lingerie Parties Inc Presenters.
  13. Sales Restrictions. In order to protect the integrity of its business model and products, sales of Sexy Diva Lingerie Parties Inc products are restricted to in-person events (home parties) at non-retail locations, as detailed in the Business Owner’s Manual. You are not allowed to offer Sexy Diva Lingerie Parties Inc products for sale in any permanent retail or service business establishment. Under certain conditions, temporary events may be held at separate and distinct retail and/or commercial locations at trade shows and fairs. For conditions governing these events, please refer to the Business Owner’s Manual.
  14. Payment of Commissions and Bonuses. The Company shall pay Sexy Diva Lingerie Parties Inc Presenters commissions and/or bonuses as detailed in the Compensation Plan. In general terms, these commissions and bonuses are based on your personal sales volume and the sales volume of certain Sexy Diva Lingerie Parties Inc Presenters in your organization. You must be an active Sexy Diva Lingerie Parties Inc Presenter and in full compliance with the Sexy Diva Lingerie Parties Inc Presenter Agreement to qualify for bonuses and commissions. Commissions are paid the following month. Commission checks are deposited into Paypal for your withdrawal no later than the 10th of the month If the 10th of the month falls on a holiday or weekend payments will be made on the final business day prior to the weekend or holiday. For further details regarding Commission payments refer to the Commission Plan.
  15. Conflict of Interest (Proselytizing) Sexy Diva Lingerie Parties Inc prohibits Presenters from engaging in the unethical practice of proselytizing (cross marketing). Cross marketing includes promoting, approaching or raiding other Sexy Diva Lingerie Parties Inc Presenters or customers for the sole purpose of moving their business to another company. While Sexy Diva Lingerie Parties Inc does not encourage Presenters from having multiple business interests, a Sexy Diva Lingerie Parties Inc Presenter: 1. Shall not solicit or invite other Sexy Diva Lingerie Parties Inc Independent Presenters to attend meetings for other multilevel marketing (MLM), Direct Sales, or Party Plan opportunities where my other business is being promoted. 2. Shall not promote, discuss, or conduct my other business in a venue where other Sexy Diva Lingerie Parties Inc Independent Presenters are present, including but not limited to: face-to-face contact, phone, SMS or text message, email, direct mail, blogs, social media outlets (including inviting other Consultants to “like”, “follow” or “subscribe” to the fan page or profile of another business), forum boards or other Internet methods of communication. 3. Shall not hold or host parties or meetings where my other business is also being represented (also known as “dual” or “combo” parties). For example, you cannot conduct or host a “Body Wrap and Sexy Diva Lingerie Parties Inc.” Please note: For offenses deemed serious in nature by the Corporate Office, termination may be the first and only disciplinary step taken. Any step or steps of the disciplinary process may be skipped at the discretion of Sexy Diva Lingerie Parties Inc, Inc. after investigation and analysis of the total situation, past practice, and circumstances.
  16. Confidential Information. Sexy Diva Lingerie Parties Inc may make available to you online certain information and reports (i.e., downline reports, order history reports, contact lists, etc.) needed to run and grow your Sexy Diva Lingerie Parties business. This information constitutes Confidential Information that is owned by and proprietary to the Company. Confidential Information also includes, but is not limited to, the identities of Sexy Diva Lingerie Parties Inc Presenters and customers of the Company, contact information of Sexy Diva Lingerie Parties Inc Presenters and customers of the Company, Sexy Diva Lingerie Parties Inc Presenters’ personal and/or group sales volumes, and Sexy Diva Lingerie Parties Inc Presenter rank and/or achievement levels. Confidential Information includes information made available to Sexy Diva Lingerie Parties Inc Presenters s in their respective Sexy Diva Lingerie Parties Inc Online Business Office. Sexy Diva Lingerie Parties Inc Presenter access to such Confidential Information is password-protected, and Sexy Diva Lingerie Parties Inc Presenters hereby stipulate and agree that Confidential Information constitutes proprietary business trade secrets belonging to the Company. Confidential Information also includes any physical documents or printouts 6 containing or embodying part or all of Confidential Information contained online or in electronic form. Sexy Diva Lingerie Parties Inc Presenters have no claim, right, or title to any Confidential Information. Such Confidential Information is provided to Sexy Diva Lingerie Parties Inc Presenters in strictest confidence and is made available to Sexy Diva Lingerie Parties Consultants for the sole purpose of assisting Sexy Diva Lingerie Parties Inc Presenters in working with their respective sales organizations in the development of their Sexy Diva Lingerie Parties Inc business. Presenters and the Company agree that, but for this agreement of confidentiality and nondisclosure, the Company would not provide Confidential Information to the Sexy Diva Lingerie Parties Inc Presenter. To protect  Confidential Information, Sexy Diva Lingerie Parties Inc Presenters shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity: (a) directly or indirectly disclose any Confidential Information to any third party; (b) directly or indirectly disclose the password or other access code to his or her Sexy Diva Lingerie Parties Inc  Online Business Office to any third party; (c) use any Confidential Information to compete with the Company or to Recruit any Sexy Diva Lingerie Parties Inc Presenter, or for any other purpose other than to promote his or her Sexy Diva Lingerie Parties Inc business; (d) Recruit or solicit any Sexy Diva Lingerie Parties Inc Presenter listed on any report or in the Sexy Diva Lingerie Parties Inc Online Business Office, or in any manner attempt to influence or induce any Sexy Diva Lingerie Parties Inc Presenter or customer of the Company to alter his or her business relationship with the Company; or (e) use or disclose to any person, partnership, association, corporation, or other entity any Confidential Information. Sexy Diva Lingerie Parties Inc Sexy Diva Lingerie Parties Inc Presenter stipulates that if he or she violates the terms of this confidentiality provision, the Company will be irreparably harmed. Sexy Diva Lingerie Parties Inc Presenter therefore stipulates that the Company shall be entitled to immediate temporary, preliminary, and permanent injunctive relief to enforce the terms of this provision, prevent the use and/or disclosure of Confidential Information, and otherwise seek relief to protect its Confidential Information. The provisions of this paragraph shall survive termination of the Sexy Diva Lingerie Parties Inc Presenter Agreement.
  17. Negative and Disparaging Remarks. While Sexy Diva Lingerie Parties Inc welcomes constructive input from its Presenters, negative comments and remarks made by Sexy Diva Lingerie Parties Inc Presenters about Sexy Diva Lingerie Parties Inc, its products, or Compensation Plan, however, serve no purpose other than to sour the enthusiasm of other Sexy Diva Lingerie Parties Inc Presenters. For this reason, you must not disparage Sexy Diva Lingerie Parties Inc, other Sexy Diva Lingerie Parties Inc Consultants, Sexy Diva Lingerie Parties Inc products, the Compensation Plan, or Sexy Diva Lingerie Parties Inc board of directors, officers, or employees. If you disparage any of these parties, it is considered a material breach of your Sexy Diva Lingerie Parties Inc Presenter Agreement and you will be subject to disciplinary action.
  18. Disciplinary Actions. If you are found in violation of any term or condition of the Sexy Diva Lingerie Parties Inc Presenter Agreement, or if Sexy Diva Lingerie Parties Inc determines that you have engaged in or are engaging in any illegal, fraudulent, deceptive, or unethical business conduct, you may be subject, at Passion Parties’ sole discretion, to one or more of the following corrective measures: 7 (a) a documented verbal warning; (b) disciplinary action which could include the termination of Sexy Diva Lingerie Parties Inc Presenter Agreement.
  19. Results of Termination. If a Sexy Diva Lingerie Parties Inc Presenter has been terminated from Sexy Diva Lingerie Parties Inc they must cease and desist representing themselves as a Sexy Diva Lingerie Parties Presenter immediately. The Sexy Diva Lingerie Parties Inc Presenter may not participate in any parties, including those scheduled prior to termination. Any Commission owed at Termination will be forfeited.
  20. Severability and Reformation. If any part of the Sexy Diva Lingerie Parties Inc Presenter Agreement, in its current form or as amended, is held to be invalid or unenforceable for any reason, only that invalid or unenforceable portion will be severed to the limited extent of its invalidity or unenforceability, and the remainder of the Sexy Diva Lingerie Parties Inc Presenter Agreement shall remain in full force and effect. In that event, the severed provision(s), or portion(s) thereof, shall be reformed to reflect the terms and purpose of the provision as closely as legally allowable.
  21. Release and Indemnification. Sexy Diva Lingerie Parties Inc Presenter hereby agrees to release, discharge, and hold harmless Sexy Diva Lingerie Parties Inc, its members, managers, affiliates, successors, and assigns, and anyone directly affiliated with Sexy Diva Lingerie Parties Inc (employees, board of directors, officers, etc.) from any losses or damages, including costs and fees, incurred or suffered by you as a result of: (a) your breach of the Sexy Diva Lingerie Parties Inc Presenter Agreement; (b) the improper promotion or operation of your Sexy Diva Lingerie Parties Inc business and any related activities (e.g., the presentation of Sexy Diva Lingerie Parties Inc 's products or Compensation Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.); (c) any incorrect data or information provided by a Sexy Diva Lingerie Parties Inc Presenter to Sexy Diva Lingerie Parties Inc Parties ; (d) your failure to provide any information or data necessary for Sexy Diva Lingerie Parties Inc to operate its business; and/or (e) any personal injury, damages or loss of life that results during or while engaging in any activity related to acting as a Sexy Diva Lingerie Parties Inc Presenter, unless such personal injury, damages or loss of life are caused by the gross negligence of the Company.
  22. Consent to Electronic Signature and Records. The Uniform Electronic Transaction Act and the Electronic Signatures in Global and National Commerce Act allow the Company to obtain your consent electronically to certain material contracts and to bind you to the Sexy Diva Lingerie Parties Inc Presenter Agreement electronically. By entering into the Sexy Diva Lingerie Parties Inc Presenter Agreement and purchasing the Sexy Diva Consultant Kit online at www.sexydivalingerie.com, you consent to sending and receiving electronic records and to the use of electronic signatures. You further electronically acknowledge that you agree to all of the terms and conditions of this Sexy Diva Lingerie Parties Inc Presenter Agreement, the Policies and Procedures, and the Compensation Plan, as any of them may be amended from time to time. 8 You further agree that all updates and/or revisions to this Sexy Diva Lingerie Parties Inc Presenter Agreement, the Policies and Procedures, and/or the Compensation Plan may be provided in electronic form. The continuation of a Sexy Diva Lingerie Parties Presenters business, accessing a Sexy Diva Lingerie Parties Inc Consultant’s Sexy Diva Lingerie Parties Inc Online Business Office, and/or a Sexy Diva Lingerie Parties Inc Presenter’s acceptance of any bonuses or commissions following the amendment of the Sexy Diva Lingerie Parties Inc Presenter Agreement shall each constitute Sexy Diva Lingerie Parties Presenter’s continuing consent to sending and receiving electronic records and to the use of electronic signatures. You confirm that you have the ability to read and print the terms and conditions of the Sexy Diva Lingerie Parties Inc Presenter Agreement, including this Sexy Diva Lingerie Parties Inc Consultant Agreement, the Policies and Procedures, and the Compensation Plan. You may request paper copies of any of these documents by contacting the Company at sexydivaclothing@hotmail.com The paper copies will be provided free of charge. The request for paper copies of these documents must include your name, your Sexy Diva Lingerie Parties Inc Presenter identification number, your mailing address, and your email address. Upon receipt of such a request, the Company will email you the then current version of each requested document. The most current version of the Sexy Diva Lingerie Parties Inc Presenter Agreement, Policies and Procedures, and Compensation Plan are always available at the Company’s website. You understand that you will need to have web browser software and Adobe® Reader® software on a computer capable of accessing the Internet and a valid email address to access and retain these electronic records. By providing your consent, you confirm that you are able to access electronically all the terms and conditions of the Sexy Diva Lingerie Parties Inc Presenter Agreement, including this Sexy Diva Lingerie Parties Inc Presenter Agreement, the Policies and Procedures, and the Compensation Plan. If at any time you withdraw your consent to electronic contracting and notice as provided herein, you agree to immediately provide notice of withdrawal of such consent to sexydivaclothing@hotmail.com along with your name, Sexy Diva Lingerie Parties Inc Presenter identification number, your mailing address, and your email address. You agree that you will inform Sexy Diva Lingerie Parties Inc if your email addresses changes or if you prefer to receive communications at a different email address. BY JOINING SEXY DIVA YOU ARE  HEREBY AGREEING TO THIS AGREEMENT AND CERTIFIES THAT HE OR SHE HAS READ AND AGREES TO ALL TERMS AND CONDITIONS SET FORTH HEREIN.