Agreement Terms Conditions

Independent Contractor Sales Associate Agreement

I am of legal age in the state in which I enter this agreement. I shall become an Independent Contractor Sales Associate upon my acceptance of this document. As an Independent Contractor Sales Associate, I shall have the right to sell the products and services offered by Nail Wrap Club, Inc. in accordance with the Marketing Program, Policies & Procedures, which may be amended and changed from time to time. Nail Wrap Club, Inc. at its discretion may amend the marketing plan, product pricing, policies and procedures, etc. By agreeing to this document, I acknowledge I have carefully reviewed Nail Wrap Club, Inc.’s Marketing Plan, Policies and Procedures, and acknowledge that they are a part of this Agreement in their present form and as modified from time to time by Nail Wrap Club Inc.

An Independent Contractor Sales Associate shall be entitled to cancel participation in the marketing program at any time for any reason upon written notice to the Nail Wrap Club Inc.

Upon my acceptance of this agreement, I will be an independent contractor responsible for my own business and not an employee of Nail Wrap Club, Inc. I will not be treated as an employee in regard to any laws  covering employees, including but not limited to the Federal Insurance Contributions Act, the Social Security Act, and Federal Unemployment Tax Act, income tax withholding at source or for any federal or state tax laws. It is my responsibility to pay self-employment, state and federal income taxes as required by law.

Any Independent Contractor Sales Associate who sponsors other Independent Contractor Sales Associates, are obligated to perform a bona fide supervisory, distributing and selling function of product to the ultimate consumer and in the training of those they sponsor. An Independent Contractor Sales Associate must have ongoing contact, communication and management supervision with their sales organization.

It is policy to strictly prohibit the purchase of products or large quantity of inventory in unreasonable amounts solely for the purpose of qualifying for bonus or advancement in the program.

Independent Contractor Sales Associates acknowledge that Independent Contractor Sales Associates are wholly independent marketing representatives who establish and service retail customers for Nail Wrap Club, Inc. products and website as an independent contractor. The position of Independent Contractor Sales Associate does not constitute either a sale of a franchise or a distributorship. This agreement is not intended and shall not be construed to create a relationship of employer employee, agency, partnership, or joint venture between any Independent Contractor Sales Associate, sponsor, and/or Nail Wrap Club, Inc.  As an Independent Contractor Sales Associate, the individual shall:

a. Abide by any and all federal, state, county and local laws, rules and regulations pertaining to this Agreement and/or the acquisition, receipt, holding, selling, distributing or advertising of Nail Wrap Club Inc. products.
b. At the Independent Sale Associate’s own expense, make, execute or file all such reports and obtain such licenses as are required by law or public authority with respect to this Agreement and/or the receipt, holding, selling, distributing or advertising of Nail Wrap Club Inc. products.
c. be solely responsible for declaration and payment of all local, state and federal taxes as may accrue because of the Independent Contractor Sales Associate’s activities in connection with this agreement.

No purchase or investment is necessary to become in Independent Contractor Sales Associate other than the purchase of, or payment fee for, an optional sales kit which is sold “at Company cost” (Purchase is optional in North Dakota). This “at cost” sales kit fee covers basic and ongoing sales and marketing materials and support in both written and electronic and online media formats, including product and service updates. An $0.00 monthly fee will be charged for “at cost”ongoing sales and marketing materials, support, including back office account, accounting, training updates, replicated website and communication tools to support the sales and marketing process. By agreeing to this contract the Independent Contractor Sales Associate authorizes this monthly fee to be charged to the Independent Contractor Sales Associate’s on-file debit or credit card (or other form of payment agreed upon by Associate and Nail Wrap Club, Inc.) each month for as long as he/she remains an Independent Contractor Sales Associate.

Nail Wrap Club, Inc. may immediately terminate an Independent Contractor Sales Associate who discredits the Nail Wrap Club, Inc. name, violates any requirement contained in this Agreement, Policies and Procedures, or training manuals or misrepresents Nail Wrap Club, Inc. products or business opportunity.

This agreement constitutes the entire agreement between the Independent Contractor Sales Associate and Nail Wrap Club and no other additional promises, representations, guaranties or agreements of any kind shall be valid unless in writing.

This agreement shall be governed by the laws of the state of Oregon, and all claims, disputes and other matters between parties shall be brought to the Marion County Courthouse of Salem, Oregon.

I acknowledge that I have read and understand and agree to the terms set forth in this agreement.

Statement of Policies and Procedures

Nail Wrap Club, Inc. is a direct selling company marketing nail polish products, nail care products, and other beauty and consumer products to the consumer though Independent Contractor Sales Associates. The policies and procedures herein are applicable to all Independent Contractor Sales Associates of Nail Wrap Club, Inc.

Any Independent Contractor Sales Associate who  has completed and agreed to this document has been accepted by the company as an Independent Contractor Sales Associates. Nail Wrap Club, Inc. reserves the right to accept or reject anyone as an an Independent Contractor Sales Associates.

All Independent Contractor Sales Associates must be of legal age in the state in which they distribute Nail Wrap Club, Inc. products and services.

Nail Wrap Club, Inc will only accept one Independent Contractor Sales Associates account per taxpayer identification number, i.e., social security number, EIN, etc., whether it be a sole proprietor, partnership, or corporate entity. It is understood that a spouse or domestic partner may assist, but only one EIN will be recognized as the owner of the account.

Independent Contractor Sales Associates of Nail Wrap Club, Inc. are not to be considered purchasers of a franchise or a distributorship. The agreement between Nail Wrap Club, Inc. and Independent Contractor Sales Associates do not create an employer/employee relationship, agency, partnership, or joint venture between Nail Wrap Club, Inc. and Independent Contractor Sales Associates. Each Independent Contractor Sales Associates holds harmless Nail Wrap Club, Inc. from any claims, damages, or liabilities arising out of Independent Contractor Sales Associates business practices. Nail Wrap Club, Inc Independent Contractor Sales Associates have no authority to bind Nail Wrap Club, Inc. to any obligation. Each Independent Contractor Sales Associates is encouraged to set their own hours and to determine their own methods of sale, as long as Independent Contractor Sales Associates complies with the policies and procedures of the company.

Ethical Conduct. Independent Contractor Sales Associates will, at all times, conduct their business in a professional and ethical manner that is supportive to both Nail Wrap Club, Inc. and other Independent Contractor Sales Associates. An Independent Contractor Sales Associates shall not engage in conduct which negatively impacts, disrupts or impairs the reputation or business of Nail Wrap Club, Inc., its officers or employees, its products/services or other Independent Contractor Sales Associates; manipulation of the compensation plan or unauthorized manipulation of the placement program or genealogy structures; undermines or is at odds with the training systems utilized by Nail Wrap Club, Inc.; conduct which is abusive, disrespectful, bullying or intimidating of other Independent Contractor Sales Associates, customers, employees, or affiliates of Nail Wrap Club, Inc.; conduct that undermines the relationship between the Nail Wrap Club, Inc. and Independent Contractor Sales Associates or relationship between Independent Contractor Sales Associates; conduct which disrespects the privacy of other Independent Contractor Sales Associates;conduct which is false, fraudulent, dishonest or deceptive in any way; or any other conduct which Nail Wrap Club, Inc. deems disreputable or, in any way, negatively impacts Nail Wrap Club, Inc. or other Independent Contractor Sales Associates.

Nail Wrap Club, Inc. prohibits the purchase of product or large quantities of inventory in unreasonable amounts solely for the purpose of qualifying for bonuses or advancement in the marketing program. Independent Contractor Sales Associates may not inventory load nor encourage other Independent Contractor Sales Associates to load up on inventory. Independent Contractor Sales Associates must fulfill published personal and down-line retail sales requirements, including requisite retail sales to nonparticipants, as well as supervisory responsibilities, to qualify for bonuses, overrides  or advancements.

Nail Wrap Club, Inc. has adopted minimum personal and group sales volume requirements. With respect to tangible products, which may be offered for purchase for resale, minimum sales volume requirements may also be fulfilled by taking orders from retail customers which will be fulfilled or drop-shipped by Nail Wrap Club, Inc. to the retail customer.

All Independent Contractor Sales Associates are responsible for paying local, state and federal taxes due on earning from commissions or any other earnings generated as a seller of Nail Wrap Club, Inc company products and services.

Trademark, Copyright, Trade Names, Advertising:
a.The name of Nail Wrap Club, Inc. and other names as may be adopted by Nail Wrap Club, Inc. are proprietary trade names and trademarks of Nail Wrap Club, Inc. As such, these marks are of great value to Nail Wrap Club, Inc. and are supplied to Independent Contractor Sales Associates for Independent Contractor Sales Associates use only in an expressly authorized manner.
b. The Independent Contractor Sales Associate is fully responsible for all of his/her verbal and written statements made regarding the product or service and marketing program which are not expressly contained in writing in the current Independent Contractor Sales Associates agreement, advertising or promotional materials supplied directly by Nail Wrap Club, Inc. Independent Contractor Sales Associates agrees to indemnify Nail Wrap Club, Inc. and hold it harmless from any and all liability including judgement, civil penalties, refund, attorney fees, court costs or lost business incurred by Nail Wrap Club, Inc. as a result of Independent Contractor Sales Associates unauthorized representations.
c.No claims as to therapeutic or curative properties about the product may be made except those officially approved in writing by Nail Wrap Club, Inc. No Independent Contractor Sales Associates may make any claim that Nail Wrap Club, Inc. products are useful in the treatment or cure of any disease. Such statements can be perceived as medical claims. This is against company policy and the laws governed by the United States Food and Drug Administration.

Recording Policy:
a.Attendance at company events; use authorized in company media. Nail Wrap Club, Inc. events may be recorded by Nail Wrap Club, Inc. Images, video and audio of people attending or participating in Nail Wrap Club, Inc. related events may be used in company published media in business support materials, and for promotions. By registering and attending a Nail Wrap Club, Inc. related event, you agree to allow Nail Wrap Club, Inc. to use your image, video, audio and personal information in these recordings.
b.You may upload, submit, live stream or publish any Nail Wrap Club, Inc. related video, audio, or photo content that you develop and create as long as it’s in compliance with Nail Wrap Club, Inc. standards.
c.You may not upload, submit, live stream or publish as your own any content received from Nail Wrap Club, Inc. including but not limited to, trade secrets, event presentations, product concepts, etc. captured at official events or buildings owned or operated by Nail Wrap Club, Inc. without prior written permission.
d.It is agreed that Nail Wrap Club, Inc. is authorized to use Independent Contractor Sales Associates name, photograph, personal story and/or likeness in advertising or promotional materials and Independent Contractor Sales Associates waives all claims for remuneration for such use.

Internet and Website Policy:
a.Nail Wrap Club, Inc. maintains an official corporate website. Independent Contractor Sales Associates are given a replicated URL to link directly to Independent Contractor Sales Associates Store. Only these approved websites may be used by Independent Contractor Sales Associates.  No Independent Contractor Sales Associates may independently design a website that uses the names, logos, product or service description of Nail Wrap Club, Inc. Any person using Nail Wrap Club, Inc. names, logos, trademarks, etc. in advertising medium, except as permitted by Company Rules and Regulations, shall be subject to immediate discipline, including termination of Independent Contractor Sales Associates status. We do encourage creative advertising, our logo with the three boards may not be used on advertisements without written permission.
b.Personal blogs that are developed and maintained primarily for other purposes, team groups, Retail VIP type groups, that mention Nail Wrap Club, Inc. do not need to be authorized.

Unsolicited Email:
a.Nail Wrap Club, Inc. does not permit Independent Contractor Sales Associates to send unsolicited commercial email to others unless such emails strictly comply with applicable laws and regulations including, without limitation, the federal CAN SPAM Act.
b. Any email sent by Independent Contractor Sales Associates that promotes Nail Wrap Club, Inc., Nail Wrap Club, Inc. opportunity, products, or services must comply with the following:
1.There must be a functioning return email address to the sender.
2.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, to request that future email solicitations or correspondence not be sent to him or er(functioning “opt-out” notice).
3.The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
4.The use of deceptive subject lines and/or false header information is prohibited.
5.All opt-out requests, whether received by email or regular mail, must be honored. If an Independent Contractor Sales Associates receives an opt-out request from a recipient of an email, the Independent Contractor Sales Associates must forward the request to Nail Wrap Club, Inc. as well.

Unsolicited Faxes and Spam:
a. Independent Contractor Sales Associates are not to use or transmit unsolicited faxes, email distribution, “spamming” or automatic telephone dialing system. Unsolicited broadcast distribution that may be defined as “bulk mail” or “SPAM” is strictly prohibited.
b.Independent Contractor Sales Associates may send “general mailings” only to other Independent Contractor Sales Associates in their down-line organization and their direct up-line sponsors. To any person with that person’s prior express invitation or permission: or to any person with whom the Independent Contractor Sales Associates as an established business or personal relationship.

Retail Establishments:
Nail Wrap Club, Inc. products or services may not be sold in retail chains. An Independent Contractor Sales Associates may promote and sell products in small retail establishments (1 to 3 locations). Any other retail establishments must be approve in writing by Nail Wrap Club, Inc.

Events:
Nail Wrap Club, Inc. products or services and opportunity may be displayed at events by Independent Contractor Sales Associates.

International Sales:
No Independent Contractor Sales Associates may export or sell directly or indirectly to others who export Nail Wrap Club, Inc. products, literature, sales aids or promotional material relating to Nail Wrap Club, Inc., its products, services, or the program from the United States or its possessions or territories to any other country for resale. Any violation of this rule constitutes a material breach of this contract and is grounds for immediate termination of the Independent Contractor Sales Associates.

The Independent Contractor Sales Associates agreement may be canceled at any time for any reason by an Independent Contractor Sales Associates notifying Nail Wrap Club, Inc in writing of the election to cancel.

If an Independent Contractor Sales Associates elects not to renew her/his agreement, all rights to bonuses, marketing position and wholesale purchases cease. The terminated Independent Contractor Sales Associates sales organization shall be subject to placement in accordance with the then current published compensation plan presentation.

Nail Wrap Club, Inc. will honor statutory mandated buyback requirements of every jurisdiction. Nail Wrap Club, Inc. shall be entitled to repayment of any commission previously paid on a sale of product/service if the product/service purchase is cancelled or reversed or a refund paid for a terminated purchase. Nail Wrap Club, Inc.  shall recover the commission by adjustment on the next Independent Contractor Sales Associates payment. In the event that no commission is available for adjustment in the following payment, the Independent Contractor Sales Associates who has received the commission shall repay the commission paid on the “reversed sale” within 30 days of the notice to repay.

Nail Wrap Club, Inc. shall be entitled to change product or service prices at any time and without notice, and to make changes in the statement of policy and procedures.

Each Independent Contractor Sales Associates shall comply with all states and local taxes and regulations governing the sale of Nail Wrap Club, Inc. products or services.

All in-home retail sales must comply with FTC Three-Day Cooling Off Rule which requires statutory language and notice of cancellation on the retail sales receipt. The three-day right of cancellation must be orally explained to the customer and the customer must receive two copies of the of cancellation form.

Independent Contractor Sales Associates shall not engage in any unsolicited  recruiting or promotion activities that targets Nail Wrap Club Inc. Independent Contractor Sales Associates or customers of Nail Wrap Club Inc. for opportunities or products of other direct selling companies or businesses opportunities, either directly or indirectly, without being engaged by the person first. Independent Contractor Sales Associates shall be allowed to sell more than one company product at non-Nail Wrap Club, Inc. events as long as they are within the rules and regulations of all companies involved.

Vendor Confidentiality:
Nail Wrap Club business relationship with its vendors, manufacturers, and suppliers is confidential. An Independent Contractor Sales Associates shall not contact, directly or indirectly, or speak to or communicate with any representative of any supplier or manufacturer of Nail Wrap Club, Inc. except at a company event at which the representative is present at the request of the company. Violation of this regulation may result in termination and possible claims for damages if the vendor/manufacturer’s association is compromised by the Independent Contractor Sales Associates contact.

An Independent Contractor Sales Associates shall take appropriate steps to safeguard and protect all private information provided by a consumer, a prospective consumer and/or other Independent Contractor Sales Associates.

Death:
Upon the death of a sole proprietor Independent Contractor Sales Associates, the rights and responsibilities of the Independent Contractor Sales Associates position may only be passed on by agreement between Nail Wrap Club, Inc. and an individual.

Disability:
should an individual Independent Contractor Sales Associates become disabled to the extent that the Independent Contractor Sales Associates can no longer fulfill the require duties of Nail Wrap Club, Inc., the Independent Contractor Sales Associates shall terminate his/her position.

Sale or Transfer:
An Independent Contractor Sales Associates may not sell his or her Independent Contractor Sales Associates position, assign or otherwise transfer his or her Independent Contractor Sales Associates position or other Independent Contractor Sales Associates rights without written application and approval by Nail Wrap Club Inc.

Notices of right to alter and amend:
Nail Wrap Club, Inc. expressly reserves the right to alter or amend prices, rules and regulations, policies and procedures, product availability and compensation plan. Upon notification, in writing, such amendments are automatically incorporated as part of the agreement between the Nail Wrap Club, Inc and the Independent Contractor Sales Associates. Company communication of changes may include, but shall not be limited to mail, email, fax, posting on Nail Wrap Club, Inc. website, publication in Nail Wrap Club, Inc. newsletters or magazines, etc.

Ownership Information:
Independent Contractor Sales Associates can have only one Independent Contractor Sales Associates position in the company.

Disciplinary Actions:
An Independent Contractor Sales Associates violation of any polices and procedures, the agreement, terms and conditions or any illegal, fraudulent, deceptive, or unethical business conduct may result, at Nail Wrap Club Inc.’s discretion, in one or more of the following disciplinary actions;
a.Issuance of a written warning
b.Reassignment of all or part of an Independent Contractor Sales Associates organization
c.Suspension, which may result in termination or reinstatement with conditions or restrictions.
d.Termination of the Independent Contractor Sales Associates contract

Nail Wrap Club, Inc. reserves the right to terminate any Independent Contractor Sales Associates at any time or cause when it is determined that the Independent Contractor Sales Associates violated the provisions of the Independent Contractor Sales Associates agreement, including the provisions of these policies and procedures as they may be amended or the provisions of applicable laws and standards of fair dealing. Such involuntary termination shall be made by Nail Wrap Club, Inc. at its discretion. Upon an involuntary termination, Nail Wrap Club Inc. shall notify the Independent Contractor Sales Associates by mail at the latest address listed with the company for the Independent Contractor Sales Associate. In the event of a termination, the terminated Independent Contractor Sales Associates agrees to immediately cease representing him/herself as an Independent Contractor Sales Associates.

Termination:
a. When a decision is made to terminate an Independent Contractor Sales Associate, Nail Wrap Club, Inc. will inform the Independent Contractor Sales Associate is terminated immediately, effective date of the written notification. The termination notice will be sent by certified mail to the Independent Contractor Sales Associate address on file
b.The Independent Contractor Sales Associates will have 15 days from the date of mailing of the notice in which to appeal the termination in writing, and provide written response to the finding of violation of the agreement, policies and/or rules. If the appeal is not received within the 30-day period, the termination will be automatically deemed final.
c. If an Independent Contractor Sales Associate files an appeal within the time allowed, Nail Wrap Club, Inc. will review and reconsider the termination, consider any appropriate action, and notify the Independent Contractor Sales Associate of its decision. The decision of Nail Wrap Club, Inc. will be final and subject to no further review. In the event the termination is not rescinded, the termination will be effective as of the date of Nail Wrap Club Inc.’s original termination notice.

All Independent Contractor Sales Associates have the right to enroll other Independent Contractor Sales Associates. Every person has the ultimate right to choose his/her enroller.

A responsibility of enrollership and sponsorship is to work with new Independent Contractor Sales Associate, helping them learn the business and encouraging them during the critical early months.

Independent Contractor Sales Associates are not required to carry inventory of products or sales aids for new Independent Contractor Sales Associates. Although it is found that having some inventory and sales aids do make it much easier because of the decreased response time in meeting a new Independent Contractor Sales Associates needs.

When soliciting a prospective Independent Contractor Sales Associates to join Nail Wrap Club Inc., the Independent Contractor Sales Associates must clearly explain the following:
1.Products
2.Compensation plan
3.Policies and Procedures/rights and duties
4. any other important items that will affect the judgment of the prospective Independent Contractor Sales Associates.

Transfer of Sponsorship is handled on a case by case basis and at the discretion of Nail Wrap Club Inc.

To be eligible for monthly override commissions and bonuses, the Independent Contractor Sales Associates must comply with:
a. Supervisory responsibility requirements as outlined herein.
b. Retail sales rule requiring sales to at least three (1) retail customers per every 3 months. It is not required to report retail customer information to Nail Wrap Club, Inc., it is required to keep record of your retail sales.
c.Nail Wrap Club, Inc. may request a copy of an Independent Contractor Sale Associate’s retail records, and Independent Contractor Sale Associate shall provide records within 20 day of the date of the request.

Nail Wrap Club, Inc. encourages each Independent Contractor Sales Associate to keep accurate sales records. This program is based upon retail sales to the ultimate consumers; therefore, all forms of stockpiling or pyramiding are prohibited. Products and services are offered to Independent Contractor Sales Associates only for personal consumption and for resale to consumers.

Please ask about Independent Contractor Sales Associates specific states as to statutory purchasing limitations, buyback rules and other restrictions, disclosures and additional Independent Contractor Sales Associates rights and responsibilities. In any state with a business opportunity statute, require expenditures during the first six months shall not exceed the statutory mount that initiates applicability of the state business opportunity statute.

Income Claims:
No income claims, income projections nor income representations may be made to prospective Independent Contractor Sales Associates. Any false, deceptive or misleading claims regarding the opportunity or product/services are prohibited.

Representation of Status:
Reference that the Independent Contractor Sales Associate makes about him/herself must clearly set forth the Independent Contractor Sales Associate’s independent status. Example, utilities/phone/fax can not be listed under Nail Wrap Club, Inc. business name or any other name that does not disclose the independent contractor status of the Independent Contractor Sales Associates.

Enforcement of Judgment, Garnishments, Support Orders, Federal Tax Liens, etc. against Nail Wrap Club Independent Contractor Sales Associates:
Nail Wrap Club, Inc. will honor enforceable court orders, garnishments, support orders, etc. that have been properly registered in the jurisdiction where Nail Wrap Club, Inc. headquarters or registered to do business.

Subpoenas Duces Tecum (Demands for Records):
Assuming proper jurisdiction, Nail Wrap Club, Inc. will comply with all subpoenas duces tecum demanding financial compensation records of an Independent Contractor Sales Associate in his/her capacity as an independent contractor with Nail Wrap Club.

Requests for Records:
Nail Wrap Club, Inc will comply fully with all requests for records accompanied by a properly prepared and signed authorization by the person whose records are being sought. Nail Wrap Club, Inc. will comply fully with all requests for records by government agencies with the authority to request such records and accompanied by the requisite legal documentation.

Business Cards and Stationery:
Any printed materials such as business cards and stationery, must include properly setting forth the independent status of the Independent Contractor Sales Associate.

Telemarketing Techniques:
The Federal Trade Commission and the Federal Communications Commission each have laws that restrict telemarketing practices. Both federal agencies and states have “do not call” regulations as part of their telemarketing laws. Calling someone whose telephone number is listed on the federal “do not call” registry could cause you to violate the law. These regulations must not be taken lightly, and carry significant penalties. Independent Contractor Sales Associates must not engage in telemarketing activities. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of a company product or service, or to recruit them for the company. “Cold Call” made to prospective customers or Independent Contractor Sales Associates that promote Nail Wrap Club Inc. products, services, or opportunity constitute telemarketing and are prohibited.

Placing telephone call(s) to a prospective customer or Independent Contractor Sales Associates is permissible if:
a. you call family members, personal friends, and/or acquaintances. An “acquaintance” is someone whom you have at least a recent first-hand relationship with in the preceding three (3) months. You must have a prior relationship, do not card collect just to call regarding the company without prior permission to call.
b.The prospect personally inquires regarding a product or service offered by the Independent Contractor Sales Associate within three (3) months immediately preceding the date of such contact.
c.If the Independent Contractor Sales Associate has an established business relationship with the prospect. An “established business relationship” is a relationship between an Independent Contractor Sales Associate and a prospect based on the prospect’s purchase, rental or lease of goods or services from the Independent Contractor Sales Associates within (18) eighteen months immediately preceding the date of a telephone call to induce the prospect’s purchase of a product or service.
d. If the Independent Contractor Sales Associate receives written permission from the prospect authorizing the Independent Contractor Sales Associate to call. The authorization must specify the telephone number(s) which the Independent Contractor Sales Associate is authorized to call.
e. Independent Contractor Sales Associates shall not use automatic telephone dialing systems relative to the operation of the company business.

Press Inquiries:
Any inquiries by the media are to be referred immediately to Nail Wrap Club, Inc. for authorization. This policy is to assure accuracy and consistent public image.

Social Networking:
May be useful in driving traffic to your authorized personal replicated website of Nail Wrap Club, Inc., and in gaining contact information of prospects. The following rules and guidelines, regarding social networking are applicable:
a. Nail Wrap Club, Inc. encourages Independent Contractor Sales Associates to join online forums, discussion groups, blogs, and other forms of internet communication for the purpose of communicating the benefits of Nail Wrap Club, Inc. products and opportunity. Like the telephone, emailing and other technology-assisted communication is not a violation as long as it complies with the general policies and procedures governing claims and contacting.
b. You must comply with the rules associated with the website and/or networks.
We suggest you post as much as you are allowed on your wall. Comment as much as you can on your photos and links, and post as many links as you can on your page. Do not send emails, personal messages, or post about Nail Wrap Club, Inc to or on someones page unless information is asked for.

Social Media Naming Restrictions:
You may only use the company name “Nail Wrap Club” if stated clearly your Independent Contractor Sales Associate position. You may not use company name “Nail Wrap Club” in URL. You many only use company name “Nail Wrap Club” in an Email address if followed by Ind-Sales-Associate. It must be clear you are an Independent contractor.

Language/Impression:
a.Independent Contractor Sales Associates may not use language that is sexually explicit, threatening, pornographic, violent or otherwise prohibited.
b.In no way should an independent website or link give the impression of being the official website of the Company, rather than that of a company Independent Contractor Sales Associate. All internet advertising must clearly report that the ad is placed by an Independent Contractor Sales Associates of the company.
c.Independent Contractor Sales Associates may not publish, post, or distribute any material on their websites or in conversation or posting on the internet, including blogs and social networking, or in writing or print, that is defamatory, libelous, disparaging, threatening, offensive, harassing, abusive, obscene, pornographic, in violation of applicable law or that inhibits others from enjoying the company’s websites, blogs, groups.
d.Determination of whether a link is objectionable is solely at the discretion of Nail Wrap Club, Inc.
e. Independent Contractor Sales Associates may not use tactics such as “cloaking” or other deceptive means on the Independent Contractor Sales Associates web pages.
f.Independent Contractor Sales Associates should make sure that any advertising through digital media, is fully compliant with policies and procedures, internet compliance department and existing laws and regulations.

Internet banner advertising, etc. is bound to the same policies and procedures affecting other forms of advertising and must state the Independent Contractor Sales Associates status as an Independent contractor.

No Independent Contractor Sales Associate may represent that Nail Wrap Club Inc.’s program has been approved or endorsed by any governmental agency.

Indemnification and Hold Harmless: The Independent Contractor Sales Associates hereby indemnifies and releases Nail Wrap Club, Inc., its officers, directors, agents, and assigns and holds harmless from and against the full amount of any and all claims, causes of action, judicial and administrative proceedings, suits, charges, liabilities, losses, damages, cost and expenses, including without limitation court costs and reasonable fees and expenses of attorneys and consultants, which are or may be made, filed or assessed against Nail Wrap Club Inc. arising out of Independent Contractor Sales Associates business operations and representations made by Independent Contractor Sales Associates in the operation of his/her business, arising from the following:
a.violation and/or lack of compliance with terms of the Independent Contractor Sales Associates agreement, policies and procedures/rules and regulations/marketing program or guidelines or any other directive from Nail Wrap Club, Inc. as to method and manner of operation of the Independent Contractor Sales Associates business;
b.Engaging in any conduct not authorized by the Nail Wrap Club, Inc in the Nail Wrap Club, Inc marketing programs.
c. Any fraud, negligence, or willful misconduct in the operation of the Independent Contractor Sales Associate business;
d. Misrepresentation or unauthorized representation regarding Nail Wrap Club, Inc.  product or services, marketing opportunity or potential;
e.Failure to adhere to any federal, state or local law, regulation, ordinance and/or any order or rule issue by any court of appropriate jurisdiction;
f.engaging in any action which exceeds the scope of authority to the Independent Contractor Sales Associates as granted by Nail Wrap Club, Inc.
g. Engaging in any activity over which Nail Wrap Club, Inc. has no effective control as to the action of the Independent Contractor Sales Associates.
h. engaging in the general business operations of Independent Contractor Sales Associate business.

Waiver:
Nail Wrap Club, Inc. never gives up its right to insist on compliance with these rules or with the applicable laws governing the conduct of a business. This is true in all cases, both specifically expressed and implied, unless an officer of the company who is authorized to bind Nail Wrap Club, Inc. in contracts or agreements specifies in writing that Nail Wrap Club, Inc. waives any of these provisions. In addition, any time Nail Wrap Club, Inc. gives permission for a breach of the rules, that permission does not extend to future breaches. This provision deals with the concept of “waiver,” and the parties agree that Nail Wrap Club, Inc. does not waive any of its rights under any circumstances short of the written confirmation alluded to above.

Governing Law:
These rules are reasonably related to the laws of the state of Oregon and shall be governed in all respect thereby. The parties agree that jurisdiction and venue shall lie with the place of acceptance of the Independent Contractor Sales Associates, the state of Oregon.

Partial Validity:
Should any portion of these Rules and Regulations, of the Independent Contractor Sales Associate agreement, or of any other instruments referred to herein or issued by Nail Wrap Club, Inc. be declared invalid by a court of competent jurisdiction, the balance of such rules, applications, or instruments shall remain in full force and effect.