INDEPENDENT SALES CONSULTANT APPLICATION ANDAGREEMENT TERMS AND CONDITIONS
1. I understand that as a J.Elizabeth Consultant:
- I have the right to offer for sale J.Elizabeth™ products and services in accordance with the
Independent Stylist Agreement.
- I have the right to enroll other persons to become J.Elizabeth Stylists.
- If qualified, I have the right to earn Commissions and Bonuses pursuant the J.Elizabeth
- I have the responsibility to train and motivate the J.Elizabeth Sylists in my Downline
- I must comply with all applicable Laws, including without limitation Data Protection Laws,
and I must make all tax or tax-related reports and remit all withholdings or other deductions as
may be required by any applicable Law.
- I will not belittle J.Elizabeth, other J.Elizabeth Stylists, the J.Elizabeth Payment Plan, or
J.Elizabeth products, owners, officers, employees, or other Affiliates, and I will maintain the
confidentiality of certain information in accordance with the Policies and Procedures
2. I agree that, as a J.Elizabeth Stylist, I am an independent contractor and not an employee, agent,
partner, legal representative, or franchisee of J.Elizabeth. I am not authorized to and will not incur any
debt, expense, or obligation, or open any bank account, on behalf of, for, or in the name of J.Elizabeth.
I agree that I will be solely responsible for paying all expenses incurred by me, including but not
limited to travel, food, lodging, secretarial, office, long-distance telephone, and other expenses. I
UNDERSTAND THAT I AM NOT AND SHALL NOT BE TREATED AS AN EMPLOYEE OF
J.ELIZABETH FOR FEDERAL, STATE, PROVINCIAL, OR OTHER TAX PURPOSES, NOR FOR
ANY OTHER PURPOSES PURSUANT TO ANY APPLICABLE LAWS OR REGULATIONS.
J.Elizabeth is not responsible for withholding, and shall not withhold or deduct from my Bonuses and
Commissions, if any, FICA or taxes of any kind
3. I have read and understand the Compensation Plan developed by J.Elizabeth
4. I agree not to use, without J.Elizabeth’s prior written permission, the J.Elizabeth Logos in any
advertising or on the Internet and Social Media (including but not limited to personal and business
websites, emails, blogs, chatrooms, social networks, Facebook®, LinkedIn®, Twitter®, Google+™,
Instagram™, Pinterest®, videosharing sites, YouTube™, and any other form of electronic
communication) or literature other than Company-published material. I understand that the obligations
in this paragraph survive the termination of this Agreement. I may obtain at J.Elizabeth’s prior written
approval, permission to use a J.Elizabeth Logo Mark by submitting a request to the corporate office at
5. I agree not to delete, add, modify, tamper with, or alter any trademarks (including without limitation
the J.Elizabeth logo), labels, material, or packaging for J.Elizabeth products or associated product
literature. I authorize J.Elizabeth to perpetually use my name, image, likeness, photographs, and/or
testimonials in J.Elizabeth advertising and promotional materials without payment or any other form of
compensation. Additionally, I consent to and authorize the use and reproduction by J.Elizabeth of any
and all photographs or videos of me taken by or supplied to J.Elizabeth, and I further consent to the use
and reproduction by J.Elizabeth of any photographs, videos, quotes, testimonials, stories, and
conversations on any of my social networking media for any print or electronic publicity, marketing, or
promotional purposes without payment or any other form of compensation. I understand that my
authorization and consent provided under this provision continues after termination of the Independent
6. I authorize J.Elizabeth to publish my performance on leaderboards that publish the names and
results for top performing J.Elizabeth Stylists. Such authorization includes publication of my personal
retail sales, recruiting results, and various reflections of team sales. I also authorize J.Elizabeth to
reference me and my approximate geographic location on the online J.Elizabeth Stylist Locator. I
understand that I may opt out of the Leaderboard and/or J.Elizabeth Stylist Locator authorization by
submitting written notice to J.Elizabeth Corporate at email@example.com.
7. I Understand that the term of the Independent Stylist Agreement is for one (1) year (subject to prior
Cancellation pursuant to the Policies and Procedures) and is thereafter subject to renewal upon
agreement by me and J.Elizabeth. If either Party elects not to renew the Independent Stylist Agreement,
or if the Independent Stylist Agreement is canceled or terminated for any reason, I understand that I
will: (a) permanently lose all rights as a J.Elizabeth Stylist, (b) no longer be eligible to sell J.Elizabeth
products, and (c) no longer be eligible to receive Bonuses, Commissions, or other income resulting
from the activities of my former Downline organization. In the event of Cancellation, termination, or
nonrenewal, I waive all rights I have, including but not limited to: (i) property rights, (ii) access to my
former Downline organization, and (iii) any Bonuses, Commissions, J.Elizabeth Stylist Benefits, or
other remuneration derived through the sales and other activities of my former Downline organization.
I understand that J.Elizabeth reserves the right to terminate all Independent Stylist Agreements for any
reason, with or without cause, immediately. I may cancel the Independent Stylist Agreement at any
time, for any reason, upon written notice to J.Elizabeth Corporate. Upon termination of the
8. J.Elizabeth and its Affiliates shall not be liable for, and I release J.Elizabeth and its Affiliates from,
all claims for consequential and exemplary damages, regardless of the type of claim and regardless of
whether J.Elizabeth or its Affiliates have been advised of the possibility of such damages, in
connection with any claim or cause of action relating to the Independent Stylist Agreement. I further
agree to release and hold harmless J.Elizabeth and its Affiliates from all costs, claims, losses, damages,
liabilities, and expenses (including legal expenses and court costs) arising from or relating to the
promotion or operation of my J.Elizabeth business and any related activities, including but not limited
to: (a) the promotion of J.Elizabeth products, (b) any breach of the Data Protection Laws (as defined
herein); (c) any compensation and marketing plan, (d) the operation of a motor vehicle, or (e) the lease
of meeting or training facilities. I agree to indemnify J.Elizabeth and its Affiliates for any liability,
damages, fines, penalties, or other awards, including but not limited to reasonable attorneys’ fees and
court costs, arising from any unauthorized conduct that I undertake in operating my J.Elizabeth
The Independent Stylist Agreement, in its current form and as it may be amended by J.Elizabeth
from time to time in its sole and absolute discretion, constitutes the entire contract between me and
J.Elizabeth. Any promises, representations, offers, or other communications not expressly set forth in
the Independent Stylist Agreement are of no force or effect.
10. The Independent Stylist Agreement will be governed by and construed in accordance with the Laws
of the State of Ohio without regard to conflict of laws principles. In the event of a dispute between me
and J.Elizabeth arising from or relating to the Independent Stylist Agreement or the rights and
obligations of either Party, the dispute shall be settled totally and finally by arbitration as more fully
described below. J.Elizabeth shall not be obligated to engage in arbitration as a prerequisite to
disciplinary action against a J.Elizabeth Stylist.
11. I am of sound mind and of legal age to enter into contracts.
12. Your account/website will cost $10 a month. Default in payment will disable your account. You must
contact J.Elizabeth 10 business days before your next billing date to cancel your account. Once an account is
billed, it is non-refundable. Commisisons are forfeited when your account is in default or is cancelled. When an
account is cancelled/suspended, the upline will alos forfeit any commisions on the downline's orders.
13. Non-Disclosure / Non-Competition: During the term of this Agreement., the Consultant shall not share or
divulge the terms and conditions of this Agreement, or any other confidential information, with any third party. In
addition, during the term of this Agreement, the Consultant shall not act as an independent contractor,
employee, owner, partner or consultant with any entity that sells products that are competitive with any of the
products in J. Elizabeth’s product line. This products include graphic t-shirts and any other custom clothing.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. BY ELECTING
ARBITRATION, J.ELIZABETH AND I AGREE THAT DISPUTES MUST BE RESOLVED
THROUGH BINDING ARBITRATION AND WAIVE THE RIGHT TO HAVE DISPUTES
HEARD IN COURT AS DESCRIBED BELOW.
Arbitration is a method of resolving claims, disputes, and other controversies without filing a lawsuit.
By agreeing to arbitrate, the right to go to court is waived, and instead disputes are referred to an
arbitrator for final and binding resolution. J.Elizabeth and I agree that this Independent Stylist
Agreement affects interstate commerce and that the Federal Arbitration Act (“FAA”) applies.
Class Action Waiver: J.Elizabeth and I agree to waive any right to bring a class action, participate in a
class action, or proceed on a class basis. In the event this class action waiver is declared to be
unenforceable for any reason, the entire Arbitration Agreement shall be declared null and void (but the
remainder of the Independent Stylist Agreement shall remain in effect).
Scope: J.Elizabeth and I agree to arbitrate any and all disputes between each other, including but not
limited to legal claims, equitable claims, and any dispute arising out of, concerning, or relating in any
way to J.Elizabeth’s products, the Independent Stylist Agreement, and relationships with other
Fees: The Parties will each bear their own costs and expenses and an equal share of the (i) cost of the
arbitrator and (ii) administrative fees of arbitration
Location: Arbitration shall take place in Warren County in the State of Ohio
Sponsorship and Participation Compliance
When you sponsor other J.Elizabeth Stylists, you must take a proactive role in providing
assistance and training to these J.Elizabeth Stylists, including ensuring that those in your
Downline are aware of all the J.Elizabeth policies and procedures and are in compliance with
our entire agreement.
You must have regular, ongoing contact with these J. Elizabeth Stylists in your Downline to
facilitate this process. Examples of such may include, but are not limited to:
- Written Correspondence
- Personal Meetings
- Zoom Trainings
- Telephone Contact
- Social Media Team Page
- In-person Meeting
- Team Conference
As you make your way through the various levels of leadership and become more skilled and
experienced in sales techniques, product knowledge, and your understanding of J.Elizabeth,
you may be called upon to share this knowledge with newer J.Elizabeth Stylists. Throughout
the term of the Independent Stylist Agreement, J.Elizabeth Stylists may not sell any training or
mentoring services, any training materials, or any sales aids or tools (including without
limitation published books, manuals, eBooks, videos, mobile applications, or other similar
materials) to his or her Downline or to other J.Elizabeth Stylists.
Further, if you become aware, that a J.Elizabeth Stylist in your organization is violating these
Policies and Procedures you report them to J. Elizabeth. Please report any violations to
If, in the opinion of J.Elizabeth, you are failing to train, recognize, inform, and/or motivate any
of your First Level J.Elizabeth Stylists, or you fail to comply with any applicable policy, then
J.Elizabeth may, in its sole and absolute discretion, opt to remove your Downline, remove
your downline commissions, remove profit sharing and/or terminate your Independent Stylist
Agreement. J.Elizabeth Stylist may appeal the decision to terminate or remove downline and
commissions by providing proof from the last personal order placed to the date of the
compliance letter that you have been actively working with your downline. Examples of such
proof may be screen shots from newsletters, written correspondence, electronic mail,
Facebook trainings and posts on social media.
In addition, in order to remain active, collect any type of bonus or collect commissions on your
downline, you must be in compliance with the above policy as well as actively selling and promoting
J.Elizabeth products and merchandise. Failure to actively promote J.Elizabeth products and
merchandise could result in forfeiture in your downline and those commissions and bonuses earned. If
your downline has been removed, they will be rolled up to your sponsor and you will not be eligible to
earn them back.