AsherKate Independent Stylist Agreement
We are very excited that you are considering becoming an Independent Stylist of AsherKate ("Stylist" or "AsherKate Stylist"). Before you take the final step to joining, please carefully review this entire document. By signing this Independent Stylist Agreement (“Stylist Agreement”) you are agreeing to the terms and conditions set forth and in any documents incorporated by reference. You understand and agree that this is a legally binding agreement governing the Stylists operating in the United States of America ("USA") and that you are required to agree to the terms of this Stylist Agreement to be authorized to arrange for the sale of AsherKate products in the USA. This agreement is between you and AsherKate, LLC, a Texas limited liability company (“AsherKate”). If you have any questions about any of the terms in this document, please contact AsherKate support at firstname.lastname@example.org
As an AsherKate Stylist:
1. You have the right to arrange for sale any AsherKate product or service.
2. You have the right to sponsor new AsherKate Stylists.
3. You are encouraged to train and motivate Stylists on your team and in your downline.
4. You will be truthful and non-misleading when presenting the products and the AsherKate Stylist opportunity, and will not make any claims about what compensation can be earned through the opportunity.
5. You will comply with all Federal, State, and local laws, ordinances, rules, and regulations related to your acting as an AsherKate Stylist.
6. As an Independent Stylist, you are an independent contractor, and not an employee, agent, partner, legal representative, or franchisee of AsherKate. You further agree that you are not authorized to and will not incur any debt, expense, obligation, or open any checking account on behalf of, for, or in the name of AsherKate. You agree that you are solely responsible for paying all expenses incurred by yourself, including but not limited to travel, food, lodging, secretarial, office, long distance telephone, and other expenses. YOU FURTHER UNDERSTAND THAT YOU SHALL NOT BE TREATED AS AN EMPLOYEE OF ASHERKATE FOR FEDERAL OR STATE TAX PURPOSES. Unless specifically required by law, AsherKate is not responsible for withholding, and shall not withhold or deduct taxes of any kind, including FICA, from your bonuses or commissions.
7. You agree to any tax withholdings or deductions that AsherKate may be required to make by law.
8. You will report any income you receive from AsherKate on your federal income tax return.
9. You are at least 18 years old and have carefully read, understood, and agreed to the AsherKate Stylist Policies and Procedures and the Compensation Plan, as amended from time to time. Both the Policies and Procedures and the Compensation Plan are incorporated into this Stylist Agreement by reference. The Stylist Agreement, AsherKate Stylist Policies and Procedures, and Compensation Plan are collectively referred to as the “Agreements.”
10. You must be in good standing under the Agreements and must be “Active” to be eligible for commissions, discounts, overrides and bonuses from AsherKate. “Active” means that you are current on your monthly fees and must have made at least $400 in sales of AsherKate retail products in a calendar year.
11. You understand that there is only one revenue-generating event for a Stylist, namely the sale of AsherKate products to retail customers and acknowledge that all commissions and other remuneration (including overrides, bonuses, incentives and awards) shall be paid solely as a consequence of the same. You understand that no commissions or other remuneration shall be paid to anyone for the mere sponsorship or enrollment of any other Stylist, or for any other reason.
12. As an independent stylist and sales representative arranging sales, you are not required or incentivized to purchase inventory, and you are strictly prohibited from purchasing products in commercially unreasonable amounts for personal consumption or otherwise.
13. You understand that the Agreements, as well as prices and product availability may be amended at any time at the sole discretion of AsherKate and that you agree that any amendments will apply to you. Your acceptance of any bonuses, overrides, or commissions after an amendment becomes effective shall constitute your acceptance of and agreement to the amendment(s). Any amendments will become effective immediately upon notice to you and other stylists. You will be deemed to have received notice if AsherKate sends you an email, posts any amendments to your stylist dashboard, or sends an internal message to you via the stylist Panel.
14. If you notify AsherKate that you are terminating this Agreement, you will be terminated at the next billing cycle. If this Stylist Agreement is cancelled or terminated for any reason, you understand that you will permanently lose all rights as a Stylist. You shall not be eligible to sell AsherKate products nor shall you be eligible to receive commissions, bonuses, or other income resulting from the activities of your former stylist team.
15. AsherKate reserves the right to terminate all Stylist Agreements upon thirty (30) days’ notice if AsherKate elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and/or services via direct selling channels.
16. You understand that you may not assign this Stylist Agreement, your downline, or your team without the express written consent of AsherKate and any attempt to do so in violation of this agreement will be void and shall have no effect.
17. You understand that all lists of customers, your personal team, or other Stylist are proprietary property of AsherKate and constitute a business trade secret. AsherKate may make these lists available to you for the express purpose of supporting you and your personal team to further develop your AsherKate business. You may use these lists only in connection with your AsherKate business and for no other purpose. You must keep the lists confidential and must not make the lists available to third parties or to use for any other commercial purpose. You agree that any wrongful disclosure of the lists or the information on the lists will cause immediate and irreparable damage to AsherKate and that AsherKate may pursue all legal remedies available against you if you violate this provision. This provision will survive the termination of your Stylist Agreement.
18. You understand that AsherKate may suspend or terminate this Agreement for any reason, including your failure to comply with the terms of the Agreements. AsherKate may, at its discretion, suspend or terminate this Stylist Agreement or take other actions as set forth in the Policies and Procedures. Termination of any Stylist will be effective upon written notice from AsherKate to the Stylist.
19. AsherKate, its directors, officers, shareholders, employees, assigns, and agents (collectively referred to as "affiliates"), shall not be liable for, and you release AsherKate and its affiliates from, all claims for consequential and exemplary damages. You further agree to release AsherKate and its affiliates from all liability arising from or relating to the promotion or operation of your AsherKate business and any activities related to it (e.g., the presentation of AsherKate products or compensation plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify AsherKate and its affiliates from any liability, damages, fines, penalties, or other expenses arising from any act or omission that you undertake in operating your business. AsherKate shall have the right to offset any amounts owed by you to AsherKate (including, without limitation, the repayment of commissions as a result of product returns) against the amount of any commissions or bonuses owed to you.
20. The Agreement constitutes the entire agreement between AsherKate and you. Any promises, representations, warranties, offers, or other communications that are not written in the Agreements are not valid or binding upon AsherKate or you and are of no force or effect.
21. If you breach any of the Agreements, such breach shall not be deemed to have been waived unless AsherKate waives the breach in writing. A waiver of a specific breach shall not act to waive any future breaches.
22. If any provision in any of the Agreements is held to be invalid, such provision will be reformed only to the extent necessary to be valid and binding and the remainder of the Agreements shall remain in effect.
23. The Agreements shall be governed by and interpreted, construed and enforced in accordance with the laws of the State of Texas, excluding conflicts of laws principles. All disputes and claims between you and AsherKate or arising out of the Agreements shall be settled totally and finally by arbitration in Katy, Texas, or such other location as AsherKate prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, except that all parties shall be entitled to discovery rights allowed under the Federal Rules of Civil Procedure. All issues related to arbitration shall be governed by the Federal Arbitration Act. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. The prevailing party shall be entitled to receive from the losing party costs and expenses of arbitration, including legal and filing fees. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent AsherKate from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction, or other relief available to safeguard and protect AsherKate’s interest prior to, during, or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
24. The parties consent to the exclusive jurisdiction and venue of any state and federal court sitting in Fort Bend County, State of Texas for purposes of enforcing an arbitration award or any other matter not subject to arbitration.
25. Louisiana Residents Only: Notwithstanding the foregoing, Louisiana residents may bring an action against AsherKate with jurisdiction and venue as provided by Louisiana law.
26. If a Stylist wishes to bring an action against AsherKate for any act or omission relating to or arising from the Agreements, such action must be brought within one (1) year from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against AsherKate for such act or omission. Stylist waives all claims that any other statutes of limitations apply.
27. You grant your permission and consent for AsherKate to use your name, photograph, personal story, and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
28. You authorize AsherKate to send you e-mail messages, text messages, and/or notify you by phone or facsimile regarding its products, services, compensation, and offer other topics that AsherKate determines may be of interest or benefit to you. You agree that your receipt of such messages will not be deemed a violation of any state or federal regulations.
29. A scanned and emailed, electronically signed or faxed copy of this Consultant Agreement shall be considered an original and shall be legal and binding.
30. All rights, powers and remedies given to AsherKate are cumulative, not exclusive and in addition to any and all other rights and remedies provided by law. No failure or delay of AsherKate to exercise any power or right under this Agreement or to insist upon strict compliance by you with any obligation or provision shall constitute a waiver of AsherKate’s right to demand exact compliance therewith.
If you submit this Stylist Agreement electronically, you acknowledge and agree that in submitting this online, you have indicated your acceptance to the terms and conditions of the Stylist Agreement, AsherKate Policies and Procedures and AsherKate Compensation Plan by clicking an icon/button labeled "I accept" or "Submit" or such similar icons/buttons as may be designated in the process, and that this constitutes a legally binding electronic signature in respect of the Agreements.