TERMS OF SERVICE
INDEPENDENT DIVA AGREEMENT WITH TERMS AND CONDITIONS
This Agreement is made between Beauty Society, Inc. ("Beauty Society"), with a principal place of business at 3540 W.Sahara Ave. #202, Las Vegas, NV 89102 and an independent consultant, (Diva). Beauty Society is in the business of selling skincare products, cosmetics, and complimentary accessories. Beauty Society agrees to sell to the Diva, Beauty Society products and Diva agrees to purchase Beauty Society products under the terms and conditions of this agreement. Beauty Society reserves the right to cancel this agreement within fifteen (15) business days from the date of the agreement DIVA AGREES; Diva enters into this agreement, and will remain throughout the term of the agreement, as an independent consultant:
1. To conduct regular "Beauty Society Facial Events" as described in the Diva Handbook (Training Manual).
2. Diva may not promote or sell Beauty Society products via the Internet, print or visual media, retail locations, trade shows, public displays, shops, or any wholesale or retail outlet without written approval from the President of Beauty Society.
3. Only Beauty Society products or business opportunities will be sold at Beauty Society Parties. All orders will be submitted with a full payment. Every order is subject to acceptance by Beauty Society.
4. Diva agrees that she/he is not an employee, partner, agent, or principal of Beauty Society while this agreement is in effect. Diva agrees she/he is not entitled to the rights or benefits afforded to Beauty Society's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Diva is responsible for providing, at their own expense, disability, unemployment, and other insurance, workers' compensation, training, permits, and licenses for themselves and for their employees and subcontractors. Diva is responsible for paying when due all income taxes, including estimated taxes, incurred as a result of the compensation paid by Beauty Society to Diva for services under this agreement. Upon request, Diva will provide Beauty Society with proof of timely payment. Diva agrees to indemnify Beauty Society for any claims, costs, losses, fees, penalties, interest, or damages resulting from Diva's failure to comply with this provision.
5. Diva is not authorized to and will not incur any debt, expense or any obligation on behalf of Beauty Society other than under the terms of this Agreement. Diva agrees to use only products and materials created, published, designed and developed by Beauty Society and not from any other source.
6. Diva agrees to devote all reasonable efforts to ensure performance of this Independent Diva Application/Agreement. Diva may perform the services under this agreement at any suitable time and location she/he chooses other than a retail store.
7. All proprietary trade marks, copyrights, logo's, customer lists, product information, product formula's, company operating documents, financial documents and promotional material are property of Beauty Society. Independent Diva under the terms of this agreement shall not disclose this information except under the terms and conditions of this agreement.
8. Diva represents that she/he is able to fulfill the requirements of this agreement.
9. Neither this agreement nor any duties or obligations under this agreement may be assigned by Diva without the prior written consent of Beauty Society, Inc.
10. Beauty Society reserves the right to change its Training Manual, commission requirements, product prices, discounts and business materials with a written thirty (30) notice.
11. Diva must comply with this agreement and meet requirements set forth in the Diva handbook to receive compensation and commissions.
12. Diva agrees to represent Beauty Society in a truthful, honest and responsible manner.
13. Independent Diva agrees to abide by the Beauty Society refund policy as set forth in the Training Manual.
14. Unless otherwise terminated as provided in this agreement, this agreement will continue in effect for a period of one (1) year, with automatic yearly renewal on the anniversary date of this agreement subject to review.
15. Notwithstanding any other provision of this agreement, the Diva or Beauty Society may terminate this agreement at anytime by giving 30 days' written notice to the other.
16. If Diva defaults in the performance of this agreement or materially breaches any of its provisions, Beauty Society may terminate this agreement by giving written notification to the Diva. Termination will take effect immediately on receipt of notice from Beauty Society or five days after mailing of the notice, whichever occurs first.
17. Beauty Society Confidential Information. "Confidential Information" means any information provided by Beauty Society or prepared by Beauty Society (either oral, written, or digital) upon review of such information, technical data, or know-how provided to Diva by Beauty Society (including any director, officer, employee, agent, or representative of the other) or obtained by Diva from Beauty Society (including any director, officer, employee, agent, or representative of the other) including but not limited to, that which relates to research, product plans, products, services, customers, markets, database software, developments, inventions, processes, designs, drawings, manufacturing, product formula information, marketing or finances of Beauty Society. Diva shall not disclose Confidential Information to a third party that was not expressly approved in writing by the President of Beauty Society.
18. Non-Disclosure of Confidential Information. Diva hereby agrees not to use or disclose any Confidential Information provided to them by or obtained from Beauty Society for any reason including their own use for any purpose except to carry out the terms and conditions of this agreement.
19. Return of Materials. Any materials or documents which have been furnished by Beauty Society to the Diva in connection with this agreement will be promptly returned to Beauty Society, within ten (10) days after (i) the agreement has been terminated or (ii) the written request of Beauty Society.
20. Governing Law. This agreement will be governed by and construed in accordance with the laws of the State of Nevada. Diva agrees that this agreement is governed by the laws of the State of Nevada and any legal action concerning this agreement shall be brought in the state and federal courts located in Carson City, Nevada.
21. If any legal action, including an action for declaratory relief, is brought to enforce or interpret the provisions of this agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
22. This agreement supersedes any and all agreements, either oral or written, between the Facial Events with respect to the rendering of services by the Diva for Beauty Society and contains all of the representations, covenants, and agreements between the Facial Events with respect to the rendering of those services. Each Facial Event to this agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any Facial Event, or anyone acting on behalf of any Facial Event, which is not contained in this agreement, and that no other agreement, statement, or promise not contained in this agreement will be valid or binding. Any modification of this agreement will be effective only if it is in writing signed by the party to be charged.
23. If any provision of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way.
24. If the Diva dies or becomes permanently incapacitated and unable to fulfill the terms and conditions of this agreement, any moneys or commissions due the Diva from Beauty Society under this agreement as of the date of death or incapacitation will be delivered to the Diva's executors, administrators, heirs, personal representatives, successors, agents, and assigns. Diva's executors, administrators, heirs, personal representatives, successors, agents, and assigns agree to continue the terms and conditions of this agreement.
25. That all rights, powers and remedies given by Beauty Society are cumulative, not exclusive and in addition to any and all other rights and remedies provided by law. Diva agrees that the remedy at law from any breach of any provision of this agreement shall be inadequate and that in addition to any other remedies it may have, Beauty Society shall have the right to offset any amounts owed to Diva by Beauty Society without limitation the repayment of commissions as a result of product returns against the amount of any commission or bonuses owed by Beauty Society to Diva.