Web Diva Consultant Agreement
This agreement is made and executed between the Diva (herein referred to as “Consultant”) Consultant and Sensual Magick. This is an at-will affiliation between the Consultant and Sensual Magick and may be terminated at any time, with or without cause, by either party with or without advance notice.
The primary focus of the Consultant should be on marketing and promoting Sensual Magick products with the utmost integrity through independent sales, in-home or online parties, and sales referred through their Consultant website.
Independent Contractor Status
All Sensual Magick Consultants are self-employed, independent contractors. Consultants are not employees, franchise holders, or legal representatives of Sensual Magick and may not name themselves as such. Consultants must obtain all necessary licenses, permits and other government approvals applicable to their business. Consultants are solely responsible for maintaining their own income and expense records to satisfy applicable federal, state and local income and sales tax requirements. Consultants are responsible for filing all necessary local, state, and federal taxes as may be applicable to all fees, commissions, overrides, bonuses, prizes and other items of value you receive from Sensual Magick. Consultants must provide all insurance coverage required or desired with respect to their business including but not limited to medical, hospital, automobile, and general liability insurance. Consultants are not eligible to receive any services for state and federal purposes including, but not limited to, State Unemployment or Worker’s Compensation. Consultants may be required to maintain their own Worker’s Compensation insurance. Consultants are solely responsible for developing, promoting and operating their business selling Sensual Magick products and presenting the Sensual Magick business opportunity.
Consultants under the Web Diva program are entitled to 20% of earnings of the retail value of all personal sales.
Down Line Commission Bonuses:
- Consultants are entitled to 5% bonus earnings of the retail value of all sales made by their direct down line recruits.
- Consultants are entitled to 4% bonus earnings of the retail value of all sales made by their second generation down like recruits.
- Consultants are entitled to 3% bonus earnings of the retail value of all sales made by their third generation down line recruits.
- Consultants are entitled to 2% bonus earnings of the retail value of all sales made by their fourth generation down line recruits.
- Consultants are entitled to 1% bonus earnings of the retail value of all sales made by their fifth generation down line recruits.
All commissions and bonuses paid exclude charges for freight, supplies and other charges incidental to the sale of Sensual Magick products.
Commission payments shall be made on the first Friday of each month by PayPal or store credit (as per the Consultant’s online application) provided that the Consultant has met required quarterly sale’s quota requirements for the previous quarter.
Commissions paid to the Consultant for product shipped but subsequently returned will be deducted from the following month’s commission payment, or in each subsequent month until the amount has been repaid in full.
The Consultant shall bear any and all costs associated with the operation of their Sensual Magick business including, but not limited to, travel expenses, business supplies, and demonstration products.
The Consultant is expected to pay a non-refundable $5.00 application fee by PayPal prior to joining Sensual Magick.
Sensual Magick will seek to provide the Consultant the widest selection of products possible and will keep the Consultant apprised of product back orders, price changes and discontinuations.
All products sold by Sensual Magick will be new, unopened and shipped in the original manufacturer’s packaging. Consultants may open and re-package products if they find the original packaging to be in overly explicit or poor taste prior to delivery to the customer.
Products sold by Sensual Magick are meant to be used on intimate parts of the body. For this reason we do not accept returns or offer refunds except in the case of manufacturer’s defect.
Promotional Materials & Samples
Sensual Magick will seek to make available to all Consultants promotional materials including graphic banners and buttons to be used online, product images and descriptions, catalogs, flyers, sample products, business building kits, product display aids and other business building materials.
At Sensual Magick we take very seriously the responsibility of keeping the name, e-mail address, shipping address, payment details, order contents and all other information provided to us confidential. The personal information provided to us in the course of doing business will only be used for processing orders and maintaining our company records. This information may never be sold or shared with any outside person or company for any reason.
Consultants may not disclose any of the secrets, methods or systems used by Sensual Magick in its business. All customer and client lists, brochures, reports, marketing materials and other documents provided to the Consultant by Sensual Magick are to be held in strict confidence and may not be used to help further or promote any other business venture the Consultant may be involved in except where specifically allowed. This provision shall survive beyond the termination or expiration of this agreement.
Sensual Magick Consultants may not own a company, be a distributor of, or an independent consultant for any other company which is directly or indirectly competitive with Sensual Magick. Consultants may not purchase from any other companies that are similar to Sensual Magick, whether retail, wholesale, or otherwise. Consultants agree that Sensual Magick will be their only romance product distributor unless otherwise agreed upon by both parties in writing.
Termination / Resignation
Becoming a Sensual Magick Consultant is at the mutual consent of both the company and the individual, and either party may terminate that relationship at any time, with or without cause, and with or without advanced notice. Upon resignation or termination all pending commissions and bonuses are forfeit. Upon termination or resignation, the Consultant shall have no claim against Sensual Magick or any right to claim or collect lost profits, lost opportunities or other damages. The Consultant’s company splash page and e-mail address will be deleted, and at that time the Consultant relinquishes any and all rights to the use of Sensual Magick products and materials including paperwork, product images, logos, banners, and other material. Continued use of these items without prior written consent may result in legal action.