Forever Jewels Pop-Up Shop Affiliate Pay Plan
Forever Jewels Pop-Up Shop Affiliate Terms & Conditions
E-Sign Disclosure & Consent to Electronic Record
These Pay plan, Terms & Conditions and Consent To Electronic Record are designed to create and maintain a fair and equitable Online Pop-Up Boutique Affiliate opportunity and culture. It is your responsibility as a Pop-Up Boutique Affiliate to read and familiarize yourself with this document. This document will guide you in the operation of your Forever Jewels business and help you uphold the values and standards of our community.
At times, it may be necessary to amend the Pop-Up Online Boutique Affiliates Agreement and these Pay Plan. We will notify you in advance of any amendments and you can always find the most recent version in our website.
Forever Jewels is a professional and established jewelry company. As aPop-Up Online Boutique Affiliate it is expected that you will positively represent Forever Jewels at all times by:
- Operating with integrity, ethics, professionalism and courtesy extended to customers, other Pop-Up Online Boutique Affiliates, and all members of the Forever Jewels Corporate Office (“Home Office”)
- Acting in good faith at all times.
- Providing helpful customer service in the spirit of developing long-term customer relationships.
- Refraining from making negative or disparaging comments or gossiping about others, Home Office, the Pay Plan, or our products.
- Abiding by all Terms and Conditions, never looking for loopholes or to skirt the intent of the Forever Jewels Online Pop-Up Boutique Affiliates Agreement.
We wish you a great success with Forever Jewels !
FOREVER JEWELS POP-UP BOUTIQUE
AFFILIATE PAY PLAN
1. Forever Jewels Online Pop-Up Boutique Personal Sales Commissions.
Forever Jewels agrees to pay a commission on sales generated on Forever Jewels Online Pop-Up Boutique. In order to reward best performing Boutiques Affiliates, Forever Jewels has put in place a category-based commission structure for transactions generated from Forever Jewels’s Boutique Affiliate platform.
All Online Pop-Up Boutique Affiliates earn 8% base Personal Sales Commissions that are paid Monthly.
- Monthly Qualifying Sales Volume : 1-2,499 USD – Commission: 8%
- Monthly Qualifying Sales Volume : 2,500 – 9,999 USD – Commission: 10%
- Monthly Qualifying Sales Volume : 10,000 and above USD – Commission: 12%
Qualify Volume is based on retail price and on the profit margin of the product sold. Excludes tax, shipping, and discounts.
2. Pop-Up Boutique Affiliate Referral Rewards.
When you refer someone to open up a new Pop-Up Boutique Affliliate account, you will receive a referral fee of three (3%) percent on the entire first (1st) year sales from the referred Pop-Up Boutique Affliliate.
3. Boutique Affiliate Commission For Transaction Generated From Forever Jewels Online Pop-Up Boutique.
Boutique Affiliate Payout = [Net shopping basket value x Commission rate]. Net shopping basket value is defined as what the customer pays, meaning the product selling price, less checkout discount (if any). The Boutique Affiliate Payout excludes the any GST, VAT, or sales tax of the respective countries.
The commission structure can be modified at any time by adding additional points of commission to selected affiliates, in order to incentivize best practices and reward outstanding performances. Without prejudice to other rights or remedies available to Forever Jewels, Forever Jewels has the right to withhold, and the Boutique Affiliate agrees that it shall not be eligible for, any commission otherwise payable under this Agreement if Forever Jewels determines that the Boutique Affiliate is not in compliance with any requirement or restriction under this Agreement or if there are technical errors, such as improper link formatting, by the Affiliate.
4.Tracking and Payment.
When a sale transaction incurs from the Affiliate Pop-Up Boutique, its status is “PENDING”. Forever Jewels will perform an automated sales validation process. Once the status ascertained, the status of the transaction will be confirmed and changed where necessary in the following manner
- “APPROVED” when the transaction is valid
- “REJECT” when the transaction is invalid
A valid commission is when the “APPROVED” transaction delivered the order to the customer and paid.
At the end of the month, a commission statement will be issued on the total valid commissions you earned and making payment to you based on your preferred payment method indicated by you. Forever Jewels uses the spot rates from the European Central Bank to convert your commission to your preferred currency and pay you within 10 days from the day the commission statement is issued.
Any dispute of the payment or commission must inform Forever Jewels within 15 days from the commission statement issue date. Kindly note that any bank charge incurred by Forever Jewels due to incorrect billing details will be deducted from the payment to you.
5. Payment Condition
The Boutique Affiliate will receive the commission statement that consists of tracking sales, delivered, outstanding commission brought forward , etc. The payment is payable on monthly basis for valid commissions (cumulative, include brought forward commission) in the commission statement in the following manner:
- Amount exceed USD 25 for Singapore Bank Account
- Amount exceed USD 100 for non-Singapore Bank Account
No payout for any amount falls below the above threshold for the month and will be released the subsequent month(s) when meet the threshold.
Last Update: 22/07/20
FOREVER JEWELS POP-UP BOUTIQUE
As a prospective Forever Jewels Pop-Up Boutique Affiliate (referred to herein as a “Boutique Affiliate” and formerly referred to as “Independent Affiliate Business Owners”), I understand and agree that my relationship with Forever Jewels Pte Ltd (referred to as “FJ” or “Forever Jewels”), shall be governed by the following terms and conditions:
The Forever Jewels Pop-Up Boutique Affiliate Agreement is in force upon Forever Jewels’s acceptance. This agreement, together with the Forever Jewels Pop-Up Boutique Affiliate Pay Plan, all of which are incorporated by reference, shall constitute the entire agreement (the “Agreement”) between Forever Jewels and Boutique Affiliate.
To become a Boutique Affiliate, the following conditions need to be met:
(a) Must be a natural person,
(b) Must have legal capacity and at least eighteen (18) years of age,
(c) Must be of sound mind, mentally and physically fit to act as a Boutique Affiliate,
(d) Must authorized to work in the country registered as a Boutique Affiliate and have a valid Social Security Number, Tax Identification Number or Social Insurance Number
(e) Have a valid default Credit or Debit Card on file at all times
(d) Submit full information with ensign-off the Boutique Affiliate Agreement and subsequently accepted by Forever Jewels.
3. Scope of Work.
The Boutique Affiliate will promote and sell Forever Jewels products using the Personalized Online Pop-Up Boutique (POPB) from Forever Jewels. Forever Jewels shall pay commission to the Boutique Affiliate in respect to the sales generated from the POPB in the manner described in FOREVER JEWELS POP-UP SHOP AFFILIATE PAY PLAN.
4. No Inventory Requirements.
Boutique Affiliates are not required to purchase or carry Forever Jewels inventory when selling through the Forever Jewels Personal Online Boutique (POPB).
5. Independent Contractor Status.
It is the express intention of Forever Jewels and Boutique Affiliate that Boutique Affiliate perform the Services as an independent contractor to Forever Jewels. Nothing in this Agreement shall in any way be construed to constitute Boutique Affiliate as an agent, employee or representative of Forever Jewels. Without limiting the generality of the foregoing, Boutique Affiliate is not authorized to bind Forever Jewels to any liability or obligation or to represent that Boutique Affiliate has any such authority. Boutique Affiliate agrees to and acknowledges the obligation to pay all self-employment and other taxes on such income.
6. Acts of Third Parties.
For the purpose of these Terms and Conditions and the Online Pop-Up Boutique Affiliate Agreement, Boutique Affiliate must not allow any third party, directly or indirectly, engage in any conduct or activity not permitted by the Online Pop-Up Boutique Affiliate and sole responsibility to comply them accordingly. Any conduct act by anyone on Boutique Affiliate’s behalf or under Boutique Affiliate’s direction or instructions, shall held the responsibility of Boutique Affiliate.
7. Continued Permanent Residence.
In order to retain Boutique Affiliate country origin Online Pop-Up Boutique Affiliate Agreement with Forever Jewels, Boutique Affiliate must be a resident, having the legal right to own a business and earn income in the country resides.
Some places might have ordinances that restrict Boutique Affiliate conduct Forever Jewels business properly. Boutique Affiliate shall contact the respective authorities to determine if any business license is required. Check with neighbourhood association to determine if is there any limitation on conducting business activities in Boutique Affiliate’s home town. For example, condominiums or subdivisions may restrict business activities. In the event that Boutique Affiliate do not obtain the required licenses to operate independent Forever Jewels business, Forever Jewels reserve the right to terminate Boutique Affiliate ‘s Forever Jewels Online Pop-Up Boutique Affiliate Agreement or withhold any commissions, credits, or other incentives Boutique Affiliate earned. Boutique Affiliate’s payment shall release and resume business activity upon obtain the necessary licenses.
9. Activity Requirement.
To keep the account active, Affiliate must close at least one order within the first 180 days of the newly activated account. In addition, the account must sell at least one product over a 12-month period based on rolling months.The account will be deactivated due to not meeting the above requirements. Boutique Affiliate is no more a seller but a customer.
10. Eligibility for Commissionable Earnings.
In order for you to earn commission, you must be in compliance with the terms of the Online Pop-Up Boutique Affiliates For more information on commissionable earnings, please see the most recent version of the Forever Jewels Online Pop-Up Boutique Affiliate Pay Plan.
11. Income Tax.
The commission and other earnings are a form of income to the Boutique Affiliate and taxable. Boutique Affiliate is solely responsible to submit tax returns on a monthly or yearly basis (depend on different countries’ regulations) on the tax obligations accordingly. On top of monthly commission statement, Boutique Affiliate can request an annual financial information by making request to [email protected]
12. Online Pop-Up Boutique Owners Discounts.
Boutique Affiliate discounts guidelines are as follows:
- The discounts available can be used to own purchase and for others such as friends and family.
- The discounts are non-transferrable to the customers or other Boutique Affiliates.
- Items purchased using the discount will not be covered under Forever Jewels Refund, Returns, Exchanges and Delight Guarantee Policies.
- When purchasing a product using the discount, the credit card used to purchase these items must bear Boutique Affiliate’s name. This helps us ensure Boutique Affiliate account is not flagged for extending the Boutique Affiliate discount to others.
- We may offer products for purchase on a discount that is greater than normal. Boutique Affiliates. These deep discount periods are referred to as “Sample Periods.” Because sampling quantities are limited, we limit the number of items you can purchase in a sample order during a Sample Period. The items open for sampling change from time to time without giving advance notice.
13. Unsolicited Communications.
ALL unsolicited communications are prohibited when advertising, promoting or selling Forever Jewels’s products or in an effort to recruit an individual to the Boutique Affiliate’s Pop-Up Shop. Boutique Affiliate is not allow to advertise through mass mailings or channels otherwise deemed inappropriate Forever Jewels. Electronic communications are allow to (i) any person from whom you have obtained prior consent to contact via the specific mode of communication or (ii) family members, personal friends or any other person with whom you have established a business or personal relationship. Without limiting the above, any electronic communications, including but not limited to, messages sent via e-mail, social networking sites or other means sent by Boutique Affiliate in connection with the business must meet the following requirements:
- Clearly identify Boutique Affiliate as the sender of the email and as an Online Pop-Up Boutique Affiliate of a Forever Jewels business opportunity.
- An accurate return email address of the sender.
- A notice that advises the recipient that they may reply to the email via the return email address provided or other means to change email preferences or opt-out of future emails.
- Boutique Affiliate’s physical mailing address.
- Clearly and conspicuously disclose that the message is an advertisement or solicitation.
In addition to the above requirements, you must refrain from deceptive subject lines or false header information, and you must honor opt-out requests as soon as possible, and in any event, no later than ten (10) days of receipt of any such request.
14. Sales Through Other Internet Sites.
You may not sell any Forever Jewels products on any website other than your POPB. The offer of sale of Forever Jewels products on other websites, including but not limited to, eBay, Amazon, Craigslist, Facebook, blogs or internet auction sites is strictly prohibited. This includes engaging others, even those outside your direct household (e.g., Hostesses, customers, friends, family, acquaintances, or other businesses) to sell on your behalf on such websites. Any means of circumventing this rule are not allowed. Violation of this policy may result in immediate termination of your Online Pop-Up Boutique Affiliate Agreement.
15. Non Exclusive Territories.
Forever Jewels does not recognize servicing exclusive territories.
16. Games, Contests and Giveaways.
The use of offers, creative or brand names for any case of competition, game, contest, giveawayor lottery is strictly prohibited without Forever Jewels’s prior written consent.
17. Marketing Materials and Restricted Use of Forever Jewels Trademarks.
No right, title or interest in or to any trademarks, trade names, professional names, slogans, labels and designs used by Boutique Affiliate, nor the goodwill connected, is conveyed by this Agreement. Boutique Affiliate may, in connection with sale of Forever Jewels Products pursuant to the terms of this Agreement, refer to Boutique Affiliate’s applicable trade names o trademarks provided that all such references are in conformance with Forever Jewels’s requirements regarding such use, as such requirements are communicated to Boutique Affiliate in writing from time to time by Forever Jewels. Forever Jewels, in connection with the promotion of the Products, may refer to Boutique Affiliate’s applicable trade names or trademarks provided that all such references conform to Boutique Affiliate’s requirements communicated to Forever Jewels.
All marketing, advertising and sales campaigns, along with all literature and materials associated therewith, must be preapproved by Forever Jewels, in writing, which approval shall not be unreasonably withheld or delayed. Forever Jewels shall provide Boutique Affiliate with examples of Forever Jewels’s sales and marketing literature and materials as guidance for Boutique Affiliate.
At anytime Boutique Affiliates must not do any of the followings:
- Edit, alter, or customize any Forever Jewels trademark, including logos approved for use, in any manner.
- Use any trademark or service mark that is similar to or may be confused with any Forever Jewels trademark or Forever Jewels
- Combine any Forever Jewels trademark or Forever Jewels content with any other trademarks or service marks.
- Use Forever Jewels trademarks or Forever Jewels content in connection with any other business or opportunity outside of the Forever Jewels.
- Use Forever Jewels trademarks or Forever Jewels content in connection with any products that are not genuine Forever Jewels
- Profit from the use of Forever Jewels trademarked names outside of commissions earned on the sale of Forever Jewels product that may have been obtained through the use of Forever Jewels trademarked names to directly market their business.
- Register or attempt to register any Forever Jewels trademarks or similar marks in any class of products or services anywhere in the world.
18. Restricted Use of Third Party Trademarks.
If Boutique Affiliate chooses to create own marketing imagery, Boutique Affiliate is not to use trademark-protected names, phrases, or logos of third parties or other brands, and it must be in compliance with all Forever Jewels policies on trademark usage.
Any advertisement related to Boutique Affiliate’s Forever Jewels business (whether in print, online via social media, etc.) must be accurate, professional and not misleading in any way. Such advertisement must be focused only on the individual Online Pop-Up Boutique Affiliate and may not include any iteration of Forever Jewels trademarks or copyrights including, but not limited to, any materials from the website or Home Office created and sponsored social media pages. Boutique Affiliate must comply with all laws or rules as they may pertain to the ability to advertise.
20. Catalogs and Flyers.
Boutique Affiliate is prohibited to advertise, promote, sell or sponsor through other company catalogs. Boutique Affiliate is to advertise the business via Forever Jewels’s Marketing Materials, which can be accessed from Forever Jewels’s website.
21. Social Media and Online Presence.
Boutique Affiliate must comply with the rules associated with the social media website or network when using it in connection with Forever Jewels business.
Boutique Affiliate must refrain from posting or linking to any post or other material that is or may be considered sexually explicit, obscene or pornographic, offensive, profane, threatening, harmful, defamatory, libelous, harassing or discriminatory, solicitous of any unlawful behavior, a personal attack on any individual, group or entity, in violation of any intellectual property rights of Forever Jewels or any other third party, not consistent with the terms and conditions as stated below :
- Boutique Affiliate must refrain from posting false, misleading, or deceptive content. This includes, but is not limited to, false or deceptive content about Forever Jewels, Forever Jewels products, the business opportunity, or other Online Pop-Up Boutique Affiliates.
- Boutique Affiliate may not use social media outlets to comment on other brands’ products that are competitive to Forever Jewels products in order to drive sales and direct customers to your POPB.
- Boutique Affiliate is solely responsible for any posts and online activity conducted.
- If Boutique Affiliate create, operate or own a website, blog or other internet site, Boutique Affiliate is not allow to sell, offer for sale, book a Sales Event or sponsor another Boutique Affiliate through the site.
- Boutique Affiliate is not allow to redirect customers to POPB through an independent URL or hyperlink to which it is not explicitly clear to the customer what site they are being taken to.
- Boutique Affiliate is not allow to market, promote, solicit for sales or recruitment purposes your Forever Jewels business, or other business, on any social media accounts, managed by Forever Jewels or other Boutique Affiliates, public or private, dedicated to the Forever Jewels in any capacity, including but not limited to, community, information and/or training.
22. Media Engagement and Public Relations.
All third-party media communications are handled by Forever Jewels. Boutique Affiliate is not allow to media directly or indirectly in any form digitally and non-digitally such as social media platforms, chat groups, or comment sections to celebrities, influencers, bloggers, or any media outlets. Boutique Affiliate is not allow to participate in interviews, features or paid advertisements on behalf of Forever Jewels without Forever Jewels’s prior written approval. When there is an opportunity for the Boutique Affiliate to promote the business in the media, or connection/relationship with a celebrity or public figure, you should contact the Forever Jewels Public Relations team at [email protected]
23. Use of Forever Jewels Intellectual Property.
Boutique Affiliate is granted limited, non-exclusive, non- transferable license to use the trademarks, service marks, trade names, patents, copyrighted materials, and any other technology owned or otherwise controlled by Forever Jewels, and designs, and materials created and owned by Forever Jewels (collectively, “Forever Jewels Intellectual Property”). Boutique Affiliate shall comply with the use of Forever Jewels Intellectual Property at all times according to the Terms & Conditions stated here and any publication by Forever Jewels. Boutique Affiliate shall not use any material that is confusingly similar to the Forever Jewels Intellectual Property in any email address, website domain name, social media name or address. Misuse of the Forever Jewels Intellectual Property shall lead to auto termination of this Agreement and all rights and licenses shall be revoked.
24. Ownership and Use of Confidential Information.
Forever Jewels may provide Boutique Affiliate with proprietary or non-public information and reports relating to Boutique Affiliate’s sales activit, including but not limited to downline reports, coaching reports, and customer lists (collectively, “Confidential Information”). Forever Jewels is the sole owner of such Information provided. In this regard, Boutique Affiliate shall (i) not directly or indirectly divulge, disclose, disseminate, distribute, license, sell, use or otherwise make known any Confidential Information to any third party or person or entity without expressly authorized or permitted by Forever Jewels to receive such Confidential Information; (ii) use best efforts to prevent disclosure of any Confidential Information to any third party and exercise the highest degree of care and discretion in accordance with all express duties hereunder to prevent the same; and (iii) not directly or indirectly make any use whatsoever of the Confidential Information, except for purposes of performing services under this Agreement. The parties each acknowledge that the restrictions in this paragraph are reasonable efforts of Forever Jewels to protect and maintain the Confidential Information. These obligations regarding confidentiality shall survive any termination of this Agreement for so long as Forever Jewels may, in its sole discretion, consider the Confidential Information to be confidential. Upon Forever Jewels’s reasonable written request, Boutique Affiliate is to return Forever Jewels all Confidential Information in Boutique Affiliate’ possession, including all copies thereof.
25. Security of Customer Data.
Boutique Affiliate is to adopt, implement, and maintain appropriate administrative, technical, and physical safeguards to protect against anticipated threats or hazards to the security of Confidential Information and customer data. Boutique Affiliate is to comply with all applicable privacy and data security laws, including security breach notification laws. In the event of an actual or suspected security breach affecting Confidential Information or customer data, Boutique Affiliate will promptly notify the affected customers and Forever Jewels in writing after becoming aware of such security breach and specify the extent to which Confidential Information or customer data was disclosed or compromised and shall promptly comply with all applicable security breach disclosure laws. Boutique Affiliate shall, at Boutique Affiliate’s expense, cooperate with Forever Jewels and affected customers and use Boutique Affiliate best efforts to mitigate any potential damage caused by a security breach, including by sending notice to the affected individuals, state agencies, and consumer reporting agencies, if such notification is required by law.
During the term of this Agreement and for a period of one (1) year after the termination of this Agreement, Boutique Affiliate’ shall not directly or indirectly, on Boutique Affiliate behalf or on the behalf of any other person or entity, (i) solicit any Boutique Affiliate to join, enroll or affiliate with another direct sales, network marketing or multilevel marketing company; or (ii) or solicit or induce or call upon any Boutique Affiliate to terminate or alter Boutique Affiliate business relationship with Forever Jewels. In this paragraph, “solicit” is defined to include the direct or indirect, actual or attempted, solicitation, encouragement, or effort to influence another Boutique Affiliate to participate in another direct selling, network marketing or multilevel business opportunity, even if such solicitation is made in response to an inquiry made by another Boutique Affiliate.
Boutique Affiliate is to refrain from making, publishing or disseminating negative, disparaging, untrue or misleading comments about Forever Jewels and its affiliated entities, other Boutique Affiliate, Forever Jewels products, the Pay Plan, or Forever Jewels’s managers, officers, its employees or its affiliated entities’ employees. Boutique Affiliate agrees not to engage in any activities that may cause harm or disruption to Forever Jewels, its affiliated entities or any other Boutique Affiliate. This paragraph applies to all forms of communication, including posts and messaging on social media platforms.
28. Right of Publicity.
Boutique Affiliate grant Forever Jewels and its affiliates, partners, designees, agents, successors or assigns an unrestricted, worldwide, royalty-free, transferable, sublicensable license to use, reuse, license, reproduce, modify, adapt, publish, edit, translate, display, perform, and distribute to the public throughout the world, create derivative works from, and otherwise exploit and use in any and all media whatsoever and by any means of transmission, distribution or communication, whether now known or hereafter created, including but not limited to, the Internet, and in audio visual works, photographs, sound recordings, advertising, promotional, marketing materials and publications and the like (collectively, “Use”), Boutique Affiliate’s name, including nicknames and social media handles, likeness, image, photograph, biographical information, voice, persona, opinions, comments, statements, or opinions. Any comments, statements or opinions that Boutique Affiliate makes or expresses concerning Forever Jewels and/or its products or services will reflect Boutique Affiliate’s true and honest opinion of and experience with Forever Jewels and/or its products or services. Boutique Affiliate further waive his/ her right to inspect or approve of any preliminary, draft, beta and/or finished materials used by Forever Jewels in accordance with the terms of this Agreement. This authorization may be revoked only upon receipt by Forever Jewels of a written notice of revocation.
29. Termination and Renewal.
This Agreement shall be one (1) year from the date of acceptance by Forever Jewels (the “Effective Date”) and renew every twelve (12) months on the anniversary of the Effective Date. Forever Jewels reserves the right to accept or reject any renewal in its sole discretion.
- Termination by Forever Jewels. Forever Jewels may terminate this Agreement at any time and for any reason in its sole discretion upon thirty (30) days’ written notice. Forever Jewels may immediately terminate this Agreement in the event of Boutique Affiliate’s death or breach of any provision of this Agreement. Termination shall be effective on the date on which notice is effective or when Boutique Affiliate receive actual notice of termination, whichever is earlier. Forever Jewels shall not be required to have any reason or to prove any cause in order to terminate this Agreement. When this Agreement is terminated, Boutique Affiliate will have no right to make a claim against Forever Jewels, its affiliates or their respective officers, directors, agents, employees, independent contractors, and representatives, nor any right to claim or collect loss of profits and opportunities or any Termination will result in the loss of all rights and benefits as Boutique Affiliate.
- Voluntary Cancellation. Boutique Affiliate have the right to terminate this Agreement at any time, for any reason. Thirty (30) days notice of termination must be submitted in writing to Forever Jewels at its principal place of business.
Neither this Agreement nor my Forever Jewels business may be transferred or assigned by Boutique Affiliate or operated in partnership with any other person without Forever Jewels’s prior written consent. Forever Jewels may assign this Agreement at any time and, upon any such assignment, the assignee shall assume the rights and obligations of Forever Jewels and Forever Jewels shall be fully released from this Agreement.
31. Other Terms.
- Boutique Affiliate is a person with full legal capacity to enter into this Agreement in the state in which Boutique Affiliate resides.
- Boutique Affiliate has no right, interest or contractual relationship with any Boutique Owner whom Boutique Affiliate sponsor or who is in Boutique Affiliate downline organization (“Downline”).
Boutique Affiliate will indemnify and hold harmless Forever Jewels, its subsidiaries, and its managers, officers, employees, agents and assigns from and against any damages, claims, or liabilities and expenses (including attorneys’ fees) incident to Boutique Affiliate: (a) activities from Boutique Affiliate including, without limitation, any unauthorized representations made by Boutique Affiliate; (b) any negligent, reckless or intentionally wrongful act of Boutique Affiliate or anyone acting on Boutique Affiliate behalf including with respect to claims by third parties related to infringement of third party intellectual property rights; (c) a determination by a court or agency that Boutique Affiliate is not an independent contractor, (d) breach by Boutique Affiliate or anyone acting on my behalf of any of the terms of this Agreement; or (e) violation of or failure to comply with applicable laws, rules or regulations. Forever Jewels shall have the right to offset any amounts owed by Boutique Affiliate to Forever Jewels against the amount of any commissions or bonuses owed to Boutique Affiliate to the fullest extent permitted by applicable law.
33. Cumulative Remedies; Waiver.
All rights, powers and remedies given to Boutique Affiliate or Forever Jewels are cumulative, not exclusive and in addition to any and all other rights and remedies provided by law. No failure or delay of Forever Jewels to exercise any power or right under this Agreement or to insist upon strict compliance by Boutique Affiliate with any obligation or provision hereof shall constitute a waiver of Forever Jewels’s right to demand exact compliance therewith. Waiver by Forever Jewels can be effective only in writing by an authorized officer or agent of Forever Jewels.
Forever Jewels reserves the right to amend this Agreement, including but not limited to the Pay Plan or any other documents referenced in the Agreement. Amendments shall be effective five(5) days after notice of an amendment is posted or communicated to Boutique Affiliate through official Company publications, including websites or email, but amended policies shall not apply retroactively to conduct prior to the effective date of the amendment. Boutique Affiliate is bound to all amendments and the continuing operate as a Boutique Affiliate constitutes acceptance of the changes.
35. Entire Agreement.
This Agreement in its current form and as may be amended supersedes all prior communications, understandings and agreements between Boutique Affiliate and Forever Jewels and constitutes the entire agreement between Boutique Affiliate and Forever Jewels. Boutique Affiliate needs to comply with all terms of this Agreement, including the Pay Plan, and in good standing to be eligible for commissions or any other compensation from Forever Jewels. In the event of a conflict between the terms of this Agreement and the Pay Plan, the terms of this Agreement shall prevail.
36. Governing Law; Venue; Arbitration.
This contract is governed by the laws of Singapore.
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
The seat of the arbitration shall be Singapore. The Tribunal shall consist of 3 arbitrator(s).The language of the arbitration shall be English.
37. Force Majeure.
Forever Jewels shall not incur any liability on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control and without negligence of the parties. Such events, occurrences, or causes will include, without limitation, acts of God, strikes, lockouts, riots, acts of war, earthquake, fire and explosions, and shall also include delays in or failure or suspension of any goods or services caused, directly or indirectly, by mechanical or power failure, computer malfunctions (including, without limitation, software, hardware and firmware malfunctions).
38. Mailing Addresses and Phone Numbers.
Affiliate can contact Forever Jewels in the following manner:
Email: [email protected], or Home Office: Forever Jewels, 1 Raffles Place, #19-61 One Raffles Place, Singapore 048616 – Tel: +852 6222 8550
Delight Center: Unit 6, 7/F, Hunghom Commercial Centre, Tower B,37 Ma Tau Wai Road, Hunghom, Hong Kong. Tel: +852 6222 8550
Unless otherwise provided in this Agreement, any notice or other communication requested or permitted to be given under this Agreement shall be in writing and shall be deemed effective (i) if delivered personally or by commercial messenger or courier, (ii) when sent by confirmed facsimile or electronic mail, or (iii) if mailed by registered, certified or express mail, to Forever Jewels, 1 Raffles Place, #19-61 One Raffles Place, Singapore 048616 or to Boutique Affiliate at the address Boutique Affiliate provided to Forever Jewels, unless notice of an address change has been received by Forever Jewels. If by mail, delivery shall be deemed effective three (3) days after the date of mailing.
40. Severability; Headings.
In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, but this Agreement shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the court or other tribunal making such determination is authorized and instructed to modify this Agreement so as to effect the original intent of the parties as closely as possible so that the transactions and agreements contemplated herein are consummated as originally contemplated to the fullest extent possible. The headings in this Agreement are inserted for convenience only and are not part of the Agreement.
The parties’ obligations under provisions in this Agreement relating to Confidential Information, protection of Customer data, Non-Solicitation, Indemnification, Right of Publicity, Warranties and Disclaimers, Limitation of Damages and Arbitration shall survive the termination and expiration of this Agreement.
I acknowledge that I have read, understand, and agree to the terms set forth in this Forever Jewels Online Pop-Up Boutique Affiliate Agreement. I certify that all of the information provided by me in connection with my application to become a Boutique Affiliate and in this Agreement is true and accurate and by clicking “I Agree” Forever Jewels Online Pop-Up Boutique Affiliateintends to enter into a legally binding agreement with Forever Jewels.
Last Update: 11/07/20
E-SIGN DISCLOSURE AND CONSENT TO ELECTRONIC RECORD
E-SIGN, the Electronic Signatures requires that you consent to entering into an electronic agreement with Forever Jewels Pte ltd. (hereinafter Forever Jewels)before the agreement is executed. Please read the following information carefully.
- Should you enter into a Forever Jewels Online Pop-Up Shop Affiliate Agreement (Business Owner Agreement) with Forever Jewels, you will not be required to submit a paper application. The entire agreement between you and Forever Jewels will be evidenced by an electronic record. However, you must consent to the use of an electronic record and must read the Terms and Conditions of the Forever Jewels Online Pop-Up Shop Affiliate Agreement and the Compensation Plan during the enrollment process and electronically acknowledge that you have read these documents.
- To access these documents and submit your online application, you will need a computer with Internet access, Internet browser software and PDF reader software.
- You may withdraw your consent to the use of electronic records at any time. However, should you do so, your Business Owner Agreement will be automatically terminated and you will lose all rights to any Downline organization (including but not limited to any property rights you may have), and you will lose all rights to all remuneration under the Forever JewelsCompensation Plan. Should you wish to withdraw your consent to the exclusive use an electronic agreement (and thereby terminate your agreement with Forever Jewels), or update any of your personal information, you must do so by contacting.
- You agree that Forever Jewels may amend the Business Owner Agreement and all documents incorporated therein at its sole discretion upon proper notice as specified in those documents. You may also access the version of these documents that were in effect at the time you executed your electronic agreement. Any outdated documents are archived by Forever Jewels and are available by contacting Forever Jewels.The most current version of the Terms and Conditions and the Compensation Plan are always available on foreverjewerls.com for viewing, printing and downloading.
- Should there ever be a change in the equipment or software necessary to access the Business Owner Agreement and the documents incorporated therein, Forever Jewels will advise you of the same and will provide you with a list of the equipment and software that is necessary. Upon such event, you may voluntarily terminate your agreement with Forever Jewels.
Last Update: 11/07/20