Affiliate Terms & Conditons – Luxxology

Affiliate Terms & Conditons

Important links:

*Link to log into back office:
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*Website: www.luxxology.com

*Facebook page: www.facebook.com/luxxology

*Facebook Affiliate group Link: www.facebook.com/groups/luxxologyaffiliates

Frequently asked Q&A:

Q: How do I personalize my affiliate link?
A: If you would like to change your affiliate link, you may do so in your back office, simply change your refferal ID and that in tern will change your link. 

Q: Can we set up our own page/group on FB to promote our business?
A: YES, absolutely we encourage you to do so! Just remember when naming it, if you are using the word LUXXOLOGY then PLEASE add your name, before or after. For example: your name is Jane Smith, you could name your page/group Luxxology by Jane -or- Janes Luxxology -or- Luxxology Jane Independent Distributor -or- Luxxology Jane Affiliate -or- Luxxology with Jane etc. IF you have a question about this or aren’t sure if your name will work then feel free to ask us!

Q: How long will it take to see my downline?
A: It can take up to 24-48 hours for you to see your downline on your back office. If you cannot see them by then let us know. 

Q: When and how will commissions be paid?
A: Commissions accumulate with each purchase and are paid out by PayPal at the end of the month.

Q: How do I put in my PayPal information to get paid?
A: When the month ends, you will receive an email to activate your account to be paid. You will be required to enter your PayPal email. Once this is in our system you will not need to provide it again.

Q: I do not have a PayPal account yet, how do I get one?
A: It’s very easy! Go to www.paypal.com Its free to sign up, & very secure.

Q: What Images can I use to promote my business, the products, and the affiliate program?
A: You may use all images uploaded to the LUXXOLOGY affiliates *ONLY* FB group. You will find in the photo albums in this group image of our products, and promotional graphics made by us and other affiliates! Feel free to add your own if you decide to make them! Keep in mind though ALL IMAGES UPLOADED TO THIS GROUP ARE FREE TO BE USED BY US AND ALL AFFILIATES!

Q: Do we ship to Canada and other countries?
A: We DO ship to Canada, but DO NOT ship worldwide. US and Canada only right now.

Q: Do we offer wholesale for affiliates?
A: Yes. Price document will be available soon. Email wholesale@luxxology.com

Q: What size are the leggings? How do other products fit?
A: Leggings come in 3 sizes, OS (one size) TC (tall and curvy) and kids (Small 2T-6T, medium 6T-10/12 & Large 10/12-teen)! Other products have size charts on the website OR will state TTS (true to size) or Size up one if they run a little small.

Q: How long does shipping take?
A: Everything that is on the website under ‘Luxxology Exclusive line’ ships within 1-5 days. Everything else can take anywhere from 5-20 days to receive. We are trying to open a warehouse in the US, but haven’t gotten to this point yet. Only half of our products are stored at the local Boutique as of right now. So, keep that in mind! We are planning on opening a large warehouse in the US as well, but haven’t got that far yet! Every product should say delivery time estimate. Please make sure to let your customers know this too, so they know when to expect orders to arrive!

Q: What if I tell someone about LUXXOLOGY and they want to order later, will I still get commissions?
A: If they use your affiliate link then yes! 

Q: So how do I get paid up to 45%?
A: Each month we will look at the top highest sales affiliates. Those top affiliates will get bumped up to a higher percentage. Once you get bumped up to a higher percentage you will NEVER go back down. You will always go up, as long as you have sales and anyone under you has sales. Remember you get paid 4 levels deep, so money can add up quick especially if you have a large team working hard! ?

Q: What is the Breakdown % of pay starting?
A: 1.) Your SALE that you get from a customer using your link. 10% of total sale
2.) (2nd line) The people you sign up as an affiliate, and whoever they get sales from you will earn 5% of the sale
3.) (3rd line) sales from affiliates under you, 2% of each you earn.
4.) (4th Line) sales from affiliates under you, 1% for each (Total amount per order) ...and on! 5.) You also get $10 paid to YOU for every customer who spends $100 or more
6.) MORE to come!!
(Keep in mind that this can change, and your % can go UP, as this is new and we are just starting this, so the better you do the more you make! $)

Q: I still have some questions and don’t see them answered on this post. What do I do?
A: Before asking a question, we highly recommend typing it in the search bar at the top of the group page. This will pull up any key words if someone else asked the question. However, if you still can’t find an answer leave it in the comments section on here or email us at support@luxxology.com

Q: My friend said she bought from me on the website but It’s not showing credit to me for it?
A: Email us at support@luxxology.com and explain the issue. We will be happy to help and fix it.

Q: Do I get a discount for being an affiliate?
A: Glad you asked! Yes, you get 20% off all online orders. Use Code: “LUXXAFFILIATE” At checkout. THIS IS TO ONLY BE USED BY AFFILIATES! NOT RETAIL CUSTOMERS.

Q: Do you send out weekly or monthly emails to let us know whats going on?
A: Yes, Both! We will also be posting in the group regularly.

Q: Who is Ashlee & Who is Robyn?
A: Ashlee Martine is our CEO & FOUNDER of LUXXOLOGY, LLC. Robyn Keigher is our COO (Chief Operating Officer) of LUXXOLOGY, LLC! If you need anything contact Robyn or Ashlee!

Q: Will my customers order ship together?
A: Sometimes, but not always. Most orders that are more than one item will ship separately unless they are both in the boutique together. This means that your customer, or (you) may get two or more tracking numbers. We will email them to the customers email on file. We do not have a warehouse yet, so rely a lot on our local boutique to have stock, as well as overseas in two of our China warehouses. This is only temporary, as we plan to open a huge warehouse in the USA soon. If you or a customer orders more than one item it may be shipped separately and have different tracking numbers.

Q: What shipping method do you use?
A: All orders ship via USPS, and can be tracked on USPS.com

Q: What is your REFUND policy?
A: RETURNS
We want your shopping experience at Luxxology, LLC to be the absolute best! We hope you love each item you receive but if not, we are here to make your return process as smooth and easy as possible. Please see our simple returns policy below. If you have any questions, please email us at support@luxxology.com



RETURN INFORMATION
Do NOT return an item without first emailing us, and getting confirmation!

Return Address:

P.O box #201

Smithville, MO 64089

An item is only eligible for return within 7 calendar days of purchase.
Items must not be worn, used or tampered with and must be placed into their original packing.
If items are in less than perfect condition the items will be sent back at the customers expense or Luxxology, LLC, at its sole discretion, may charge a restocking fee.
Please include a copy of the invoice/packing slip sent to you at the time of delivery along with a note on why the merchandise is being returned.
Holiday items are non returnable and non refundable unless damaged which must be reported within 5 days.
Damaged items MUST be reported within 5 days of receiving the goods.
Customized apparel is nonreturnable.
Clearance items are final sale. Anything with "Sale" is non refundable.
Original Shipping is not refundable.
Refunds are issued back to the original method of payment or with an online credit.
Refunds are processed within 10 business days of receiving your return. We will send you an email confirmation when your return has been received and the refund has been issued.

Q: How do I make a return?
A: Please email us at orders@luxxology.com
You must include a copy of the invoice/packing slip sent to you at the time of delivery along with a note on why the merchandise is being returned.

Return Address:
P.O box #201
Smithville, MO 64089

LOST, STOLEN AND DAMAGED ITEMS:
Luxxology, LLC is not responsible for lost, stolen or damaged items and recommend you send it back using an insured courier. We highly recommend you make sure you are provided with a tracking number or delivery confirmation and keep this for your records and possible for our reference.
ORIGINAL PAYMENT

Luxxology, LLC will refund the cost of the returned merchandise as soon as we receive the delivery, and send you an email to confirm that the return has been completed. Refunds are in the form of original payment, such as the credit card used for the order. If the refund is applied to your credit card, your credit card company may take up to 10 additional business days to post the refund to your account.

NOTE:
We do not accept C.O.D. deliveries for returns, exchanges or any delivery of any sort. Also, we don’t refund original shipping and handling charges.

REFUSED OR UNDELIVERABLE PACKAGES:
Refused or undeliverable packages are subject to return shipping costs that vary by shipping method used in the original order.
YOU WILL BE CHARGED THE UNDELIVERABLE FEE THAT THE COURIER CHARGES US:
If you choose not to have your order re-delivered we can refund you the cost of the items but the original shipping cost and the undeliverable charge from the courier will be deducted from the refund as well as a 20% restocking fee.
HOW DO I CHANGE OR CANCEL MY ORDER?

Q:I need to make a change to my order. How do I do it?
A: If you need to make any changes to your order, please email us at orders@luxxology.com immediately after making your purchase. Once your order has been processed, we will be unable to modify the contents of your order. We apologize for any inconvenience and will do our best to assist you.

Q:HOW DO I KNOW IF MY ORDER WAS PLACED?
A: Once you have completed your order, a confirmation email will be sent to the email address associated with your account.

Q: What are LUXXOLOGY, LLC CUSTOMER AND PURCHASING POLICIES?
A:Please feel free to contact us at any time with any questions or concerns you might have under the "contact us" section at the top of the page. We will be happy to help you!

Please note we do not process or ship orders Saturdays and Sundays. We process and ship all orders Monday through Friday in the order in which they are received. Luxxology, LLC ships daily, we make it our goal to get you your merchandise out as soon as possible.

PAYMENT OPTIONS

Credit Card
If you use a Credit Card for your purchase from Luxxology, LLC your item will ship in the order it was received and without any payment processing delay. All credit card transactions are final and can only be reversed once Luxxology, LLC has issued a return reference number (RRN) in accordance with the Luxxology, LLC Return Policy.

PayPal
You do not need a PayPal account to check out with PayPal. It will give you the option to use your PayPal account or not while your checking out.

E-Check
We do not ship an order until the e check clears. E checks can take anywhere from a few days to weeks to clear. Luxxology, LLC does not hold your items until the e check clears so if you order and your transaction does not clear before we are out of stock on the item you purchased you will be issued a refund for these items. You cannot purchase a rush order via e-check.

ORDER STATUS

Once your order has been shipped you will get an email sent to you with a tracking number from paypal. You can use that number to track your package through USPS tracking.

CONDITION OF USE

We advise our customers to never leave a young child unsupervised while using our products. Our products contain small components and could potentially become a choking hazard. All Luxxology, LLC products are for use at your own risk. By placing an order you agree that Luxxology, LLC accepts no liability for use, misuse, or lack of supervision while using our products.

For more info visit www.luxxology.com

INTERNATIONAL SHIPPING

We currently are not shipping ANYWHERE other than US and Canada! We hope to be shipping internationally soon, and are working on making that a possibility.

ORDER PROCESSING AND FULFILLMENT

Please note that we do not process or ship orders Saturdays and Sundays. We process and ship all orders Monday through Friday. Orders are processed in the order in which they are received. Luxxology, LLC ships daily, we make it our goal to get you your merchandise as soon as possible. During holidays and weekends please allow 3 -5 business day for your order to be fulfilled.

CLEARANCE ITEMS:

All items purchased "On Clearance" or "SALE" are not eligible for returns and are considered Final Sales.

Q: Where can I read your terms & Conditions at, and agree to them?
A: You can read them right here on this post. After you are done reading them, make sure to type “AGREE” in the comment section so that we know you agree to them. Thank you!


AFFILIATE TERMS & CONDITIONS:

LUXXOLOGY, LLC Affiliate Terms & Conditions

Please read these terms and conditions carefully as they constitute a legal agreement between you and our company upon your acceptance into our affiliate program. By applying for and being accepted into our affiliate program, you agree to be bound by all of the terms and conditions set forth in this agreement.

THIS AFFILIATE AGREEMENT (the "Agreement) is made between LUXXOLOGY, LLC, a Missouri based company (the "Company"), and (the "Affiliate," and collectively, the "Parties")
WHEREAS Affiliate wishes to include certain materials promoting Company, and to include a link to
Company's website within those materials on Affiliate's website;
NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows:
Use of Trademarks and Copyrights:
The Company may license the use of its trademarks to affiliates, subject to the limitations herein and subject to the limitations in any licensing agreement.
Affiliates may not use any of the Company's trademarks or any derivatives of its marks or confusingly similar variations of its marks in any marketing or promotional material that they produce other than those marks and Independent Affiliate logos. The misuse of Company trademarks may result in disciplinary action as deemed appropriate by the Company, including but not limited to legal action.

Terms and Conditions. Last updated: May 17, 2017.

Please read these Terms and Conditions and affiliates agreement ("Terms", "Terms and Conditions" “agreement”) carefully before using the affiliates program associated with http://www.luxxology.com website (the "Service") operated by LUXXOLOGY, LLC., dba “LUXXOLOGY” ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to affiliates, users and others who access or use the Service. By accessing or using the Service you agree to be bound by this agreement. If you disagree with any part of the agreement, then you may not access the Service.
Term:The term of this Agreement shall commence upon the approval of an affiliate application by LUXXOLOGY, LLC and shall continue until termination by either party, at any time.
Purchases:
If you wish to purchase any product or service made available through the Service "Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, address, email, and PayPal address. You must be 18 years or older and reside in the United States or Canada.
Enrollment: To enroll in the affiliate program, you must submit an Affiliate application and be approved. You must be 18 years old, a legal resident of the United States and reside in the United States or Canada.
Eligibility: LUXXOLOGY, LLC., reserves the right to accept or reject any affiliate application if it determines, in its sole discretion, that its acceptance of an affiliate application would result in any actual or potential conflict of interest or would call into the question the independence of an affiliate, or for any other reason in the discretion of LUXXOLOGY, LLC.

Affiliate Information: Each Affiliate is responsible for keeping her or his affiliate information up to date and accurate, and must immediately update any changes in her or his dashboard. It is particularly important that an affiliate provides LUXXOLOGY, LLC. with her or his email address, since email is one of the primary methods of company communication. By agreeing to these terms and conditions, the affiliate consents to receiving emails from LUXXOLOGY, LLC.
Content: Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the use of this content. We have the right to monitor your advertising material or website at any time to determine if you are following the terms and conditions of this Agreement. Your affiliate application and status in the program may be suspended or terminated for any reason including those reasons of which are stated below:
Inappropriate advertisements (false claims, misleading hyperlinks);
Fraud;
Advertising, website design or production of other material (blogs, written reviews, etc.) in any manner that is disparaging, misleading, obscene or that otherwise portrays LUXXOLOGY, LLC in a negative light;
Illegal spamming (mass email, mass newsgroup posting, etc.);
Advertising on sites containing/promoting illegal activities;
Violation of intellectual property rights;
Lack of production;
Advertising, website or other material that references or promotes sexually explicit materials;
Advertising, website or other material that references or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
Promoting or referencing in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable material; and
Materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law.
You may not create or design your advertising, website that explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are www.luxxology.com
Code of Ethics: As a member of our affiliate program you will be held to an affiliates code of ethics.

Independent Contractor Status: Affiliates shall not be treated as employees of LUXXOLOGY, LLC. for any purpose, including, without limitation, for federal, state or local tax purposes or for retirement or unemployment benefits. Affiliates are self-employed independent contractors who are authorized by LUXXOLOGY,LLC. to market and sell the products in the 50 United States, District of Columbia, Puerto Rico, & Canada, subject to having legal authorization to work in the applicable jurisdiction. Affiliates are not, and shall not represent themselves to be, employees, agents or representatives of LUXXOLOGY, LLC. Any agreement between LUXXOLOGY, LLC. and an affiliate does not create an employee/employer relationship, agency, partnership or joint venture between LUXXOLOGY, LLC and such affiliates.

Resale: While not a requirement of the affiliate program an affiliate may choose to carry stock for resale purposes. A copy of a signed resale agreement must be signed and retained by our home office prior to purchasing in bulk. The Resale agreement can be requested via email at wholesale@luxxology.com

Repackaging or Re-Branding: Affiliates may not repackage, rebrand, or alter LUXXOLOGY merchandise, LUXXOLOGY marketing material in anyway. Affiliates may, however, affix their own contact information onto the material, but the information must be affixed in a way that does not impair the ability to return such products and to not cover the writing in any way.

Confidential information, non-solicitation and competitive business. Affiliates play a critical role in LUXXOLOGY, LLC’s business operations. As an affiliates of our company, you have access to sensitive, confidential and proprietary information and trade secrets. Therefore, as an affiliate you agree to the following:

During the term of the affiliate agreement and indefinitely following the agreement, an affiliates may not disclose to any third party any confidential or proprietary information. An affiliate shall use the same degree of care to protect this confidential information as he or she uses to protect his or her own sensitive and proprietary information, both during the term of his or her affiliates membership and indefinitely thereafter.
During the term of this Agreement and for three years following the Agreement, affiliates will not, either directly or indirectly, divert, solicit, or attempt to solicit any person or entity who is a client of LUXXOLOGY, LLC., when this Agreement is terminated or whose accounts are serviced by affiliates during the three-year period preceding termination of the Agreement.
Affiliates agrees that any judicial authority construing this paragraph will be empowered to sever any portion of the client base or any prohibited business activity from the coverage of this paragraph and to apply this paragraph to the remaining portion of the client base or the remaining business activities. affiliates and LUXXOLOGY,LLC. intend that this paragraph be enforced to the maximum extent permitted by law. If any provision of this paragraph is not specifically enforceable, LUXXOLOGY,LLC. will be entitled to recover monetary damages as a result of the breach of such provision by Affiliate.
Sponsoring other affiliates: affiliates may sponsor others persons to join our affiliates program within the 50 United States, Puerto Rico and Guam. & Canada. Affiliates earn commissions and performance bonus rewards based of the sale of our products not merely from sponsoring other affiliates. Sponsors must always present LUXXOLOGY to others in a manner that complies with the affiliates agreement. In addition, sponsors are responsible for assisting, motivating, and training their downlines. Accordingly, sponsors MUST:
Provide prospective affiliates with a copy or access to the current affiliates agreement.
Ensure the prospective affiliates Complete and submit the affiliates application themselves.
Train and communicate to their downlines to ensure that their downlines do not make improper product or income claims, engage in illegal or inappropriate conduct or otherwise violate the affiliates agreement.
Assist, motivate or train their sponsored affiliates by having ongoing contact and communication.
To remain successful, a sponsor must abide by these rules. If they do not, they are at risk for losing their downlines. A sponsor is at risk for losing a team member if found in violation of these rules. This includes, but is not limited to:
Inactivity, defined as no sales in (12) months;
Lack of communication, if documented attempts to contact have been shown with no or little response an affiliates can request to move to a new sponsor. At least (3) separate attempts need to be made; and
Unethical activity.

Links To Other Web Sites. Our Service may contain links to third party web sites or services that are not owned or controlled by LUXXOLOGY, LLC. LUXXOLOGY, LLC. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that LUXXOLOGY, LLC. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Limitations of Liability. WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL LUXXOLOGY CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

Indemnification: You hereby agree to indemnify and hold harmless LUXXOLOGY, LLC., and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
Entire Agreement. The parties understand and agree that this Agreement is the entire Agreement between the parties regarding the terms and conditions herein.
Governing Law: This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Missouri.

Affiliates shall not register or attempt to register or reserve any of the Company's trademarks or trade names, or any derivatives of such trademarks or trade names (collectively "Marks") for any Internet domain name, URL, subdomain name, email address, or social media handle, address, or name (collectively "Web ID"). If an Affiliate does register any of the Company's Marks in such a fashion, the Affiliate agrees and hereby acknowledges that the Company owns, and shall continue to own, all rights in and to the Company's Marks and that the Affiliate will discontinue using the Web ID upon demand from the Company. The Affiliate further agrees to immediately re-assign to the Company any Web ID that the Affiliate has registered or reserved in violation of this policy at no charge to the Company. The provisions of this Section survive the termination of the Contract.
The Company, in its sole discretion, will determine whether a derivative or variation of its Marks is confusingly similar to the Company's Marks. If the Company determines that a term or word used by an Affiliate is a derivative or variation of a Company Mark, the Affiliate shall transfer the Web ID to the Company pursuant to the preceding policy.
Intellectual Property. Company retains all right, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement shall be construed to grant Affiliate any rights, ownership or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use the Promotional Materials granted under the License, as set forth in Section 3.
Sales of Affiliate Produced Materials
If you create any sales tools or marketing materials with the company logo that are approved by the Company, you may provide them to other Affiliates free of charge. However, you may not sell the materials, charge any fee, or request a "donation" to any other Affiliate to use or access the materials. In addition, you may not sell or charge any fee or request a "donation" from any other Affiliate for any accessories or other products associated with your LUXXOLOGY business that include the company logo such as, but not limited to, leggings, tshirts, etc.
Relationship of Parties. This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between Company and Affiliate. Affiliate shall provide services for Company as an independent contractor. Affiliate shall have no authority to bind Company into any agreement, nor shall Affiliate be considered to be an agent of Company in any respect.
Order Processing: We will process orders placed by customers who follow the Links from Affiliate's Web site to the www.luxxology.com Web site. We reserve the right, in our sole discretion, to reject orders that do not comply with requirements established from time to time. All aspects of order processing and fulfillment, including order entry, customer service, cancellations, returns and payment processing will be Company's responsibility.
Maintaining Active Status: In order for an affiliate to remain active, he/she must have $25 in personal sales in a rolling 12-month period. This period begins from the date the new Consultant is entered in our system. If at any time your account is inactive you are subject to removal from the Affiliate Program.
Opportunity and Responsibility
All Affiliates have the opportunity to sponsor other individuals into their Teams.
Recruiting is not a requirement to be compensated for personal sales.
Any individual who wants to enroll with you in LUXXOLOGY Affiliate Program must enroll on your LUXXOLOGY, LLC Independent Affiliate Personal link.
You have the responsibility to provide support to any Affiliate you personally sponsor. If at any time the Company determines that you are not supportive of your downline, your downline will be removed.
8 Recruiting Other Companies' Representatives
LUXXOLOGY, LLC Company does not encourage or support the practice of enticing representatives from other companies to join LUXXOLOGY, LLC and as an LUXXOLOGY, LLC Affiliate you shall refrain from such activity.
If a representative from another company contacts you, or in your normal course of business you meet a representative from another company that desires to join LUXXOLOGY, LLC, it is acceptable to offer them the opportunity to join. It is, however, a violation of the Policies for any LUXXOLOGY Affiliate to entice someone to leave a company with which they are currently enrolled through negative or deceptive practices, or to target representatives from any specific company for the purpose of enticing them and/or other team members to join LUXXOLOGY, LLC.
LUXXOLOGY, LLC Affiliates cannot promote anything other than the Company's Recruiting Packages to potential new recruits to join LUXXOLOGY, LLC.
Changing Sponsor
While an Active Affiliate, you may not change your personal sponsor.
If your sponsor is canceled for any reason, you will be moved up to the next Active Affiliate who then becomes your personal sponsor.
If any Affiliate leaves the company and decides to return with in 6 months they will return under their original sponsor. After 6 months, the affiliate may return under any sponsor.
Commissions.
In consideration of Affiliate's display of the Promotional Materials and compliance with and performance of the terms and conditions of this Agreement, Company shall pay to Affiliate a commission (the "Commission") as set forth in this section.
A Commission will be paid to Affiliate in the amount of 10% per sale (not including tax or shipping) for products listed on Company's website if the customer's initial order is tracked as originating from Affiliate's Link from the time of the Link to the time of the sale (the "initial sale"). You are paid on your personal sales and the qualified sales of Affiliates in your downline. You are never paid for recruiting another Affiliate.
Commission will be paid at as followed per sale for any sale made by the Affiliate's downline (level 2 – level 4).
Commission will be paid as followed:
Level 1 (Affiliate)- 10%
Level 2 – 5%
Level 3 – 2%
Level 4 – 1%
For the initial sale to generate commissions payable under this section, the customer must follow Affiliate's Link to Company's Web site, purchase Company products using Company's online ordering system, accept delivery of the product at the shipping destination, and remit full payment to Company. However, no Commission will be paid for orders that are refunded, not paid for, undeliverable or payment for which is credited to any customer. If a product sale that generated Commission is refunded to the customer, Company will deduct the corresponding Commission from Affiliate's next monthly payment. Company shall keep accurate and up-to-date records of the data used to determine the total amount of
Commissions owed to Affiliate. Affiliate shall be given reasonable access to these records upon request.
Any discrepancy between the amount of Commissions owed according to these records, and the actual amount of Commissions paid to Affiliate in any period or periods shall be rectified by Company within 14 days of the order date. Affiliate shall immediately inform LUXXOLOGY, LLC of any suspected problems in the tracking code immediately. If commission is paid out in error to any affiliate, the company will request the commission to be returned by the affiliate.
Company shall pay all Commissions accrued and payable to Affiliate within 7 days of the first day of each month (the "Commission Payment Date") if payable by check. If commission is paid by PayPal it will be paid Monthly, The last day of the month is the last pay period. You can expect to be paid within 4 days of month end. The accrual week will be Sunday through Saturday and will pay the following Monday. All commission must be at least $5 before it will be paid to the Affiliate.
In the event that Affiliate materially breaches this Agreement and Company terminates this Agreement due to such breach, then any accrued and payable Commissions owing to Affiliate shall be forfeited, and Company shall not be obligated to pay such Commissions to Affiliate.
You are responsible to keep information current with both LUXXOLOGY, LLC and Paypal.
Commissions will be late, missed, or delayed due to missing information or accounts not properly set up. All information must be provided in its complete form at your initiation. No late payment will be expedited if this is the case. Returned Commission payments will be added to the following month's Commission.
Affiliate's Representations and Warranties. Affiliate represents and warrants the following:
Affiliate has the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth in this Agreement. Affiliate must be 18 years of age to legally enter into this agreement.
Affiliate's website does not contain any materials that are:
Sexually explicit, obscene, or pornographic (whether in text or graphics),
Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
Graphically violent, including any violent video game images; or
Solicitous of any unlawful behavior
Affiliate has obtained any necessary clearances, licenses, or other permission for any intellectual property used on Affiliate's website. Nothing on Affiliate's website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor does Affiliate have any reason to believe that any person or entity will bring or threaten such a claim in the future.
Affiliate will not use the Promotional Materials in any manner other than to promote LUXXOLOGY products.
Affiliate will not make any claim to ownership of the Promotional Materials, or of the copyright, trademark, or other intellectual property therein.
Affiliate will not publish or otherwise distribute any advertising materials for Affiliate's website that reference Company or Company's website unless Company gives prior written consent to the distribution of such materials. Affiliate will not use Company's name (or any name that is confusingly similar to Company's name) for any purpose on its website, in its promotional materials, or in any other context except to promote Company's website as specified in this Agreement. Affiliate will not register any domain name that incorporates Company's name, or that is confusingly similar to Company's name.
Affiliate will not engage in the distribution of any unsolicited bulk emails or messages or participate in spamming via social media in any way identifying or referencing Company or Company's website. Company has the right, in its sole discretion, to monitor Affiliate's Web site to determine if it is in compliance with the terms of this Agreement.
Affiliate will be professional, courteous, and considerate at all times when representing LUXXOLOGY, LLC, when contacting LUXXOLOGY, LLC directly, and also while working with other LUXXOLOGY, LLC Affiliates.
Distributor will not, for any reason, act as a spokesperson for LUXXOLOGY, LLC or in the name of its products , and/or programs, in any way to any media or publication without prior written approval from LUXXOLOGY, LLC. 
Approved Advertising:
Personal Branding: The Company's name, logos, and product names are trademarks and trade names belonging to the Company. Affiliates must not use the Company's trademarks or trade names in any marketing material that they create with the exception of those marks and images that are approved for Consultant use and posted in LUXXOLOGY, LLC Affiliates Group on Facebook. The misuse or infringement of Company trademarks may result in disciplinary action as deemed appropriate by the Company, including but not limited to legal action.
Business Cards
If you choose to use business cards, you must put your title as Independent Affiliate or Independent Distributor.
Telephone or Web Listings
When posting your business in any telephone book or web listing you must use the following format: a) Your name or entity name b LUXXOLOGY Independent Affiliate or Independent Distributor
c) You must not imply or use any language that would lead a person to think you are the LUXXOLOGY, LLC Corporate presence or an employee of LUXXOLOGY, LLC.
d) Phone, Internet access, and all contracts must be put in your name and not in LUXXOLOGY, LLC Company's name.
f) All Consultants must comply with federal/state/local solicitation laws.
g) Online Marketing – While we do not have a restriction on other companies that you can sell for, we do not allow for cross advertising. Affiliates must only advertise LUXXOLOGY, LLC alone. Products or the enrollment opportunity must not be posted with any other company.
Affiliates may create a social media page or group. However, You must not use the name LUXXOLOGY, LLC Company alone. You must indicate that you are an independent affiliate or Independent Distributor. h) Email Spamming
a) You are not allowed to transmit mass, unsolicited emails to promote LUXXOLOGY, LLC to people who do not know you or have not given permission to contact them. Any customer who has chosen to "opt in" as a subscriber or who has initiated a request to be included in bulk emails or a newsletter is approved. Please use a reputable service when contacting any customers via mass email.
iii. Spam Linking or Spamdexing
a) Any comments you make on blogs forums, guest books, etc. must be unique, informative, and relevant. Indemnification. Affiliate shall indemnify Company and hold harmless Company from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of this Agreement, including
Affiliate's warranties set forth in Section 7 above. Affiliate shall also indemnify and hold harmless Company for any damage, loss or other cost arising out of the use or misuse by Affiliate of the Promotional Materials.
Confidentiality. Any information that Affiliate obtains by virtue of its relationship with Company under this Agreement, which information is not available to the general public, shall be considered to be "Confidential Company Information." Affiliate may not use or disclose any Confidential Company Information to any person or entity, except where compelled by law, unless Affiliate obtains prior written consent for such disclosure from Company.
Non-Exclusive: This is a non-exclusive agreement. Either party may enter into similar agreements with other parties.
Term: This Agreement shall take effect once Affiliate's application has been submitted, its web-site has been reviewed, and written approval provided to Affiliate by Company. Once approved, this Agreement shall commence and shall remain in full force until terminated pursuant to this Section 10.
Either Party shall have the right to terminate this Agreement without cause at any time. The terminating Party must give written notice to the other Party, as provided in Section 18.
Taxes. Company shall not be responsible for any taxes owed by Affiliate arising out of Affiliate's relationship with Company as set forth in this Agreement. Company shall not withhold any taxes from the Commissions paid to Affiliate. The company will provide a 1099 form to the Affiliate if commissions over $600 are paid per calendar year.
LIMITATION OF LIABILITY. COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS
OR COSTS, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING COSTS ASSOCIATED WITH THE PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES (WHETHER COMPANY WAS OR SHOULD HAVE BEEN AWARE OR
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE), ARISING OUT OF OR ASSOCIATED
WITH ANY LOSS, SUSPENSION OR INTERRUPTION OF SERVICE, TERMINATION OF THIS AGREEMENT, USE OR MISUSE OF THE PROMOTIONAL MATERIALS, OR OTHER PERFORMANCE OF SERVICES UNDER THIS AGREEMENT.
Governing Law. This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of Missouri, without regard to conflicts of law principles.