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Terms & Conditions for leaders at different level
RULES OF CONDUCT
1. DEFINITIONS
- "Oriflame Consultant" shall for the purpose of this document include any Oriflame Consultant irrespective of title and level (including Group Managers, Directors and above).
- "Personal Home Page" shall refer to a website designed, issued and hosted by Oriflame for the benefit of an Oriflame Consultant.
- "Oriflame" in this document refers to the local Oriflame entity with which you entered into the Consultant Application Form, unless otherwise stated.
- "Line of Sponsorship" shall include the Oriflame Consultant, his/her Sponsor, and so forth, with the Line ending with Oriflame.
- "Personal Group" shall refer to all Oriflame Consultants sponsored directly and indirectly by an Oriflame Consultant, but shall not include the directly sponsored 21% Consultants or their downlines.
- "Group” shall refer to the entire downline, including 21% Oriflame Consultants and their downlines.
- "The Oriflame Literature" shall mean the Success Plan - Leaders Edition (containing this Policy Manual), the Product Catalogues, Oriflame Starter Kit literature, the Newsletter and any other information printed or published on the official Oriflame website.
- "Sponsor" shall mean the person introducing a new person to Oriflame consultancy.
Words beginning with a capital letter but which are not defined herein, shall have the same meaning as in the previous sections of the Success Plan - Leaders Edition.
2. MEMBERSHIP
- To become an Oriflame Consultant a candidate should
as a general rule be sponsored by an existing registered
Oriflame Consultant. Under certain circumstances, Oriflame
can assign a prospective Oriflame Consultant to any network.
- An individual may only have one Oriflame membership,
whether directly or indirectly.
- Oriflame reserves the right to refuse any application or
re-application.
- An applicant must be of the age of legal capacity to be
an Oriflame Consultant. Oriflame may at its sole discretion
approve other applicants subject to the guardian(s) written
consent.
- Membership may only be granted to individuals.
- An Oriflame Consultant shall not require Consultants or
prospective Consultants to assume unreasonably high training
fees and fees for promotional materials. Any fees charged to
an Oriflame Consultant shall relate directly to the value of materials, products or services provided in return.
- Oriflame observes the rules of the applicable local
legislation of the countries where it operates regarding the
term during which an Oriflame Consultant may withdraw
from her membership and receive back from Oriflame any
and all moneys paid as a condition for the membership as
well as any starter materials and products ("Cooling-Off
Period").
- The Oriflame Consultants may resign from their membership
at any time after the expiration of the Cooling-off Period
by giving written notice to Oriflame. In such cases Oriflame
is under no obligation to make any of the repayments
mentioned in 2.7 above.
- Should an Oriflame Consultant’s spouse wish to
become an Oriflame Consultant, both spouses must either be
sponsored jointly under the same membership or if separately
below the wife or husband who first became an Oriflame
Consultant. If the spouse joins under a separate membership
any cash award earned by the spouse will be deducted from
any higher cash award earned by the spouse who joined
first – if such cash award is a result of the termination of
membership of the spouse joining second for any reason.
- Former Oriflame Consultants (or spouses of former
Oriflame Consultants) may apply for new membership under
the following conditions:
- At least six months have elapsed since the previous
membership has been terminated by resignation (unless
otherwise agreed with Oriflame).
- The new application must specify that it is being
made under this rule.
- A former Oriflame Consultant may apply
immediately for becoming a Consultant again, without
specifying that he/she was a former Oriflame
Consultant, if he/she has at least 12 months of
inactivity following a termination of membership.
- Oriflame reserves the right to suspend an Oriflame
Consultant's membership for up to 12 months with
immediate effect, pending investigation of violation of rules.
3. MAINTAINING LINES OF
SPONSORSHIP
- Oriflame Consultants are not allowed to re-register under
a different line of sponsorship. If they do, they are liable to lose their entire network to their original Sponsor. They are
only allowed to re-register after termination, see further in 2.12
- The transfer of membership from one Sponsor to
another is only possible in special cases and at the sole
discretion of Oriflame.
- Transfer of a Personal Group is not allowed.
- Oriflame Consultants who wish to transfer their
membership may be allowed to do so, but only to their
closest relatives (at the discretion of Oriflame). A letter
requesting such a transfer must be sent to Oriflame. Oriflame
Consultants who have transferred their membership under
this rule may apply for membership again if at least six
months have elapsed since their last Membership was
transferred.
- In case of an Oriflame Consultant’s death, the
Membership will be terminated within three months after
the day of the death provided that no application for
transferring of the Membership is made by the next of kin.
Upon termination, all pending payments to the deceased
Oriflame Consultant will be made to the authorised heir/-s
of the Oriflame Consultant. Oriflame reserves the right to
request documents proving the authorisation of the heir/-s as
a condition of the payment.
4. RESPONSIBILITIES OF A CONSULTANT
- Oriflame Consultants shall not use the Oriflame network
for marketing products or schemes which are not officially
approved by Oriflame.
- Oriflame Consultants shall not steal an applicant from
other Oriflame Consultants, nor interfere by soliciting
Oriflame Consultants in the line of sponsorship of another
Oriflame Consultant.
- The Oriflame Consultants do not have any employment
relationship with Oriflame. When presenting the Oriflame
Business Opportunity to others, the Oriflame Consultants
must clearly state the independent character of this business
and the fact that no employment with Oriflame exists.
- The Oriflame Consultants have no authority to bind or
assume obligations on behalf of Oriflame. They shall indemnify
Oriflame in respect of any costs or damages arising from any
noncompliance to these rules.
- Oriflame does not impose any conditions for minimum
purchases, whether in quantities or in value, on its Consultants.
Similarly, an Oriflame Consultant shall not compel or force
those he/she sponsors to order through him/ her, order
any minimum quantities or maintain stock of products. All
Oriflame Consultants may order any quantities directly from
Oriflame, but handling and courier fees may apply depending
on order size. It is up to the individual Oriflame Consultant’sjudgment to determine if he/she should keep any stock.
- An Oriflame Consultant may not place orders in the
name of another Oriflame Consultant, without that Oriflame
Consultant’s prior written approval.
- The Oriflame Consultants shall comply with all laws,
regulations and codes of practice applying to the operation of
their membership, including with any tax laws and regulations
regarding tax registration and filing. The Oriflame Consultants
shall not engage in any activity which may bring either them
or Oriflame into disrepute.
- From the beginning of the contact with a consumer, the
Oriflame Consultant shall identify her-/himself and explain the
purpose of her/his approaching a customer or the purpose
of the occasion. The Oriflame Consultant shall ensure full
transparency of her/his identity as Oriflame Consultant in any
related communication, whether by email, a website, social
media page etc. Clear name and contact information as well
as information that the sender is not an Oriflame official
representative must be provided. The word “Independent”
shall always be added before “Oriflame Consultant” on any
identity representation such as e-mail signatures, business
cards, on website, social media page and the like.
- The information the Oriflame Consultant give to the
consumer shall be provided in a clear and comprehensible
manner with due regard to the principles of good faith in
commercial transactions and the principles governing the
protection of those who are unable, pursuant to national
legislation, to give their consent, such as minors.
- The OrifIame Consultant shall not abuse the trust of
individual consumers and shall respect the lack of commercial
experience of consumers and shall not exploit a consumer’s
age, illness, mental or physical infirmity, credulity, lack of
understanding or lack of language knowledge.
- When a customer requests the satisfaction guarantee to
be honoured, the Consultant shall, if within the local applicable
return period, offer the customer the choice of a full refund
of the purchase price or full credit for exchange with the
same or another Oriflame product.
- The Oriflame Consultant shall discontinue a
demonstration or sales presentation upon the request of
the consumer and take appropriate steps to ensure the
protection of private information provided by actual or
prospective consumers. The Oriflame Consultant will make
personal, telephone or electronic contact in a reasonable
manner and during reasonable hours to avoid intrusiveness.
- In building their Personal Group, the Oriflame
Consultants shall ensure that all new Oriflame Consultants
will follow the credit terms, if credit is offered.
- In becoming a Sponsor, the Oriflame Consultant shall
ensure that he/she trains and motivates her personally
sponsored Oriflame Consultants.
- An Oriflame Consultant may not be involved in
interviews regarding, or referring to Oriflame with any media,
whether by television, internet, radio, magazines etc. nor utilise
any advertising media (including viral advertising as SMS,
internet etc) for the purposes of marketing of her Oriflame
business without Oriflame’s prior written consent.
- The Oriflame Consultants shall not be involved in
social media dialogues which misrepresent or give incorrect
or misleading information about Oriflame, its products or
services, or may generally lead to loss of reputation by
Oriflame, please see below the Social Media Dialogue – 10
Golden Rules.
5. OTHER RULES AND POLICIES
- There are no exclusive territories or franchises available
under the Oriflame policy. No Oriflame Consultant has the
authority to grant, sell, assign or transfer such a territory or
franchise. Every Oriflame Consultant is free to conduct his/her
business in any area of the country of registration.
- The Oriflame Consultant must respect that Oriflame
operates in certain markets, and not in all countries
worldwide, strictly observing its obligations regarding product
safety, product registration, import and other rules that may
apply to trade in the respective countries. Oriflame bears
no responsibility for any damage, disputes or claims arising
from or related to cross-border trade conducted by Oriflame
Consultants to countries outside of markets where Oriflame
operates. Thus Oriflame will hold the Oriflame Consultant
fully liable for any such claims.
- An Oriflame Consultant is independent of Oriflame. The
only title which may be used on business cards, other printed
materials or in email communication is “Independent (Beauty)
Consultant” or "Oriflame Independent (Beauty) Consultant"
and when qualified "Independent Beauty Manager" and "Independent Beauty Director".
- Promotional materials, Oriflame Consultant’s Personal
Home Pages and any social media applications, e.g. on
Facebook, provided by Oriflame can be used as specified
without further approval. It is understood that the Oriflame
Consultants cannot register or host a website or homepage
with the domain name including the word “Oriflame”. The
Oriflame Consultants can drive traffic to official Oriflame
websites, blogs walls and the like. Oriflame reserves the
right to pre-approve the material that will be published. The
policy for online presence of Oriflame Consultants is further
described in the Consultant Website Policy below.
- Oriflame trademarks, logos and name are the property
of Oriflame Cosmetics S.A. and may not be used by the
Oriflame Consultant, neither in printed materials nor
published on the Internet, without prior written consent from
Oriflame. If such consent is obtained, trademarks and logos
must be used exactly as stated in the Oriflame guidelines.
- No Oriflame Consultant may produce or procure from
any source other than Oriflame any item upon which the
trademarks or logos are printed or displayed, unless approved
by Oriflame in writing.
- All Oriflame printed material, videos, photographs, design
are protected by copyright and may not be reproduced in
whole or in part by anyone, neither in printed materials nor
published on the Internet, without prior written approval from
Oriflame. When copyrighted material is legitimately used it is
mandatory that reference to the Oriflame copyright is made
in a visible and unambiguous way.
- No Oriflame Consultant shall sell to, sell in, demonstrate,
or display Oriflame products in any retail outlet, web shop,
auction platform such as Ebay or the like. No Oriflame
literature may be sold or displayed in such retail outlets.
Establishments which technically are not retail outlets, such as
beauty parlours, may be used as venues to display, but not sell
the products.
- The contents of the Oriflame websites such as text,
graphics, photographs, designs and programming are
also copyright protected and may not be utilised for any
commercial use without prior written approval from Oriflame.
- Spamming (the abuse of electronic messaging systems
to indiscriminately send unsolicited bulk messages) is strictly
prohibited. An Oriflame Consultant shall limit the number
of promotional emails sent to end-customers so that any
individual recipient does not receive more than one message
per week. These messages cannot be sent on behalf of
Oriflame and therefore full responsibility for contents lies on
the sender.
- Under no circumstances is any person authorised to
repackage or in any way alter the packaging or labelling of the
products. Oriflame products are to be sold in their original
packaging only.
- The Oriflame products do not cause damage or injury
if they are used for their intended purpose and in accordance
with instructions provided. Oriflame carries product liability
insurance on its products. The insurance covers injury or
damage where a faulty product is involved, but does not
cover careless or negligent application or improper use of a
product.
- Oriflame reserves the right to deduct, at any time, any
overdue invoices from any Performance Discount or Bonus
due for payment to the Oriflame Consultant.
- Oriflame has the right to change its prices and range
without prior notice. Oriflame will not give a Performance Discount, Bonus or any other compensation for any losses
suffered due to price changes, range changes or products
being out of stock.
- If requested upon termination of a Consultant’s
relationship with Oriflame, Oriflame agrees to repurchase
products from the Consultant. All of the following conditions
must be met for Oriflame to grant a refund:
– returns must be made within 12 months from date of
purchase, and
– will be refunded at 90% of the original net price paid
after deduction of any performance discount or bonus
paid to the network, and
– items returned must be currently marketable Oriflame
inventory including any Oriflame produced
promotional materials, sales aids or kits,
For the purposes of this clause, currently marketable Oriflame
inventory means any products that:
– have not been used, opened or tampered with in any
way; and
– have not passed the expiry date; and
– are still marketed by Oriflame in its catalogues.
- If an Oriflame Consultant in any way is involved, legally
or otherwise, in any dispute or activity that may involve or
negatively affect Oriflame or its reputation, such Oriflame
Consultant must immediately inform Oriflame.
- Oriflame reserves the right to expand or revise the
Oriflame Success Plan, qualification criteria, or the Code and
Rules with immediate effect.
- Any cash on delivery order (COD) placed by consultant
with Oriflame through any means shall be confirmed sale and
accordingly all the risks and rewards shall be transferred to
the consultant.
6. RIGHTS AND RESPONSIBILITIES OF
DIRECTORS AND ANY HIGHER LEVELS
In addition to the general rules above that apply to all
Oriflame Consultants, the following rules apply specifically to
Directors and up. Violation of any of these special rules will
result in immediate loss of Directors (and above) status and
any underlying privileges - including any related remuneration
- and may even result in termination of membership.
- 6.1 As a Director (and above) you must service your
Personal Group Consultants during each Catalogue Period by:
- Recruiting and continuously developing your Personal
Group.
- Assisting, guiding and motivating the members of the
Personal Group.
- Conducting periodic meetings to train, motivate, set
goals and to follow up.
- Training your downline Oriflame Consultants to best
conduct their Oriflame business.
- Maintaining frequent communication, informing about meeting dates, venues, product news, training sessions
etc.
- Participating in all seminars and meetings organised by
Oriflame.
- Enforcing the Code and the Rules and leading by
example.
- Attending business meetings with Oriflame that you
are called upon to attend by your Area Sales Manager.
- A Directors (and above) shall not represent (and/or be a
member of) any other direct selling company without Oriflame's prior written consent.
- If the spouse of a Director (and any higher level) is a
representative and/or a member of any other direct selling
company, the spouse is not allowed to participate in any
Oriflame meetings and events, and the spouse’s activities must
be kept separate from Oriflame. The Directors (and above)
must inform Oriflame if the spouse is a representative and/or
a member of any other direct selling company.
- In case of a Director (and above)’s death, a Membership
may in certain cases and at the sole discretion of Oriflame
be inherited by the next of kin of the deceased and provided
that the next of kin can make plausible that he/she will be
able to fulfil all requirements of a Director (and higher) as
listed in 6.1 above. Written claim for the Membership must
be made within 3 months from the date of the death. In
the absence of any such claims, the Membership will be
terminated.
- A Director (and above) must follow any additional rules
or instructions communicated in writing by Oriflame from
time to time.
7. COMPLAINT HANDLING
PROCEDURE
Any complaint based on breaches of the Code of Ethics or
Rules of Conduct shall be addressed to the local Oriflame
sales organisation and/or the Managing Director of the
Oriflame company operating in the country in question. The
complaint handling body in each Oriflame market is lead by
the Managing Director (Oriflame Code Administrator) of the
local Oriflame company.
ONLINE POLICY
1. BACKGROUND
This policy serves to clarify how Oriflame Consultants can
shape their presence on the Internet without interfering with
Oriflame’s brand building activities or breaching copyright
related laws, rules and agreements.
2. GENERAL
Oriflame offers its Consultants the possibility to set up
Consultant Personal Homepages (PHP) as well as various
other centrally provided tools to sell and promote the
Oriflame products and business opportunity on the Internet.
These applications are today the only approved digital tools
where the Consultants can offer products for sale as well as
displaying images and logotypes for which Oriflame is the
rights owner.
Consultants are also allowed to host websites on which they
communicate around Oriflame, its products and opportunity
as long as it is clearly stated that these are not official
Oriflame sites. At all times it must be transparent who is
behind the site and relevant contact details must be visible.The Consultant should communicate in her own words and
may only quote Oriflame texts by clearly referring to the
source.
A Consultant may not build e-commerce sites on
which Oriflame products are sold or otherwise conduct
e-commerce outside of the approved Oriflame applications.
3. DOMAIN NAME
Consultants may not register domain names containing the
word “oriflame”. The Consultant shall not register a social
media page with name and picture that can mislead the
consumer to believe that the page is an official Oriflame
page/group.:
- A social media (e.g. Facebook, VKontakte) group
name and picture shall clearly state that it is operated
by an individual, e.g. “Anna’s Oriflame Team” with
Anna’s own image.
- A social media page, group name shall not be named
e.g.“Oriflame Casablanca” with an official Oriflame
image e.g. Oriflame logo, Oriflame images.
4. DISCLAIMER
Consultants that host websites of their own and mention
that they are part of Oriflame must make sure to clearly
publish information that they are either a) Independent
Sales Consultants for Oriflame b) Independent Oriflame
Consultants, or c) Independent Oriflame Beauty Consultants
(it must be locally verified that the terms are same as in SP
Leaders edition). This information must be published clearly
on the start page as well as under a disclaimer that is visible
on all pages of the website. Name and contact information
should be available on the website or in the account
information for a social media page.
If a Consultant has a private website without Oriflame
affiliation this policy is of course void.
5. CONTENT & REFERENCES TO
ORIFLAME
No content is to be copied from the official Oriflame website
and published under own name. If a Consultant links official
Oriflame content to his/her own site from an Oriflameowned
domain this must be clearly stated.
6. IMAGES
A Consultant may not take still or moving image material
from an official Oriflame site and publish on his or her own
site. All image material is copyright protected, and Oriflame
has acquired the rights to use it. These rights are not
extended to Consultants.
- Moving images; videos etc: May be used through
sharing function if and when available. The sharing
function provides automatic reference to the
source site.
- Images of models or persons: May be used through
sharing function if and when available. The sharing
function provides automatic reference to the
source site.
- Images of Oriflame products: May be used with our
without sharing function as long as the source site
is mentioned in a visible and unambiguous way
(for example: “source: www.oriflame.com 2012”).
Any claims from a 3rd party that may be addressed to
Oriflame will be transferred to the Consultant.
7. THE ORIFLAME LOGO
The Oriflame logo may be used in the formats that can be
found on official Oriflame websites. The logo may not be
altered or animated and can only be used as page header or
footer, as well as in email signatures in its original format.
8. SOCIAL MEDIA SHARING
Oriflame encourages presence on blogs, social networking
sites and similar. Consultants are encouraged to blog and
leave comments about Oriflame products where they deem
it appropriate, but must adhere to the Code of Ethics’ section
1.3 above re product claims. To as large an extent as possible
we recommend that the Consultant uses the sharing functions
provided by Oriflame in order to secure correct display and
source information.
9. SEARCH ENGINE MARKETING
Consultants may conduct search engine marketing, such as
Google Adwords, if the Oriflame rules re online presence are
followed. In addition,
- the ad must clearly indicate that it was created by an
Independent Consultant,
- the heading should not give an impression that it is an
official or in any way endorsed ad by Oriflame, and
- it is prohibited to use “Oriflame” as a keyword.
Please take into consideration that each buyer of e.g.
Adwords is solely responsible for any infringement against any
other brand owner. |
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