These Pay plan, Terms & Conditions and Consent To Electronic Record are designed to create and maintain a fair and equitable Local Correspondent opportunity and culture. It is your responsibility as a Local Correspondent 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 Local Correspondents 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 jewellery company. As a Local Correspondent 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 Local Correspondents, and all members of the Forever Jewels Corporate Office (“Home Office”)
- Acting in good faith at all times.
- 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 Local Correspondents Agreement.
We wish you a great success with Forever Jewels !
FOREVER JEWELS LOCAL CORRESPONDENT PAY PLAN
1. Forever Jewels Local Correspondent Personal Sales Commissions.
Forever Jewels agrees to pay a commission on sales generated on Forever Jewels Website. Local Correspondent earn 1.5% Sales Commissions on ALL Qualifying Sales Volume in their territory, that are paid Monthly.
Territory means the City where the Local Correspondent is based.
Qualify Volume is based on retail price and on the profit margin of the product sold. Excludes tax, shipping, and discounts.
2. Local Correspondent Referral Rewards.
When Local Correspondent refer someone to open up a new Pop-Up Boutique Affiliate account, Local Correspondent 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.
Local Correspondent 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) in the territory. The Local Correspondent Payout excludes GST, VAT, sales tax of shipping the respective countries.
The commission structure can be modified at any time by adding additional points of commission to selected Local Correspondents, 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 Local Correspondent agrees that it shall not be eligible for, any commission otherwise payable under this Agreement if Forever Jewels determines that the Local Correspondent 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.
Forever Jewels will perform an automated sales validation process. 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 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: 23/07/20
FOREVER JEWELS LOCAL CORRESPONDENT AGREEMENT
As a prospective Forever Jewels Local Correspondent (referred to herein as a “Correspondent” 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 Local Correspondent Agreement is in force upon Forever Jewels acceptance. This agreement, together with the Forever Jewels Local Correspondent Pay Plan, all of which are incorporated by reference, shall constitute the entire agreement (the “Agreement”) between Forever Jewels and Local Correspondent.
To become a Local Correspondent, 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 Local Correspondent,
(d) Must authorized to work in the country registered as a Local Correspondent 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;
(f) Submit full information and sign-off the Local Correspondent Agreement and subsequently accepted by Forever Jewels.
3. Scope of Work.
The Local Correspondent will promote and update Forever Jewels on current happening within the territory. The Local Correspondent will:
- Follow Forever Jewels social media pages and like minimum 2 times a week one of the Forever Jewels publications (online posts, articles …).
- Mention the name of Forever Jewels at least once a month in your personal or professional writing (online posts, articles …).
- Identify and report every quarter: (1) interesting local initiatives in the local jewellery scene, (2) Two names of local jewellers/designers making the news,(3) Two names of potential local jewellery influencer/ambassador/pop-up boutique affiliate (4) One name of local jewellery/luxury and/or fashion blog.
- Write an article every 6 month about Forever Jewels for publication on our website (1000 words minimum).
- Every year send to Forever Jewels an annual report about the local jewellery scene and the opportunities (one page minimum), including the list of the top 3 independent jewellery stores in the territory.
4. Independent Contractor Status.
It is the express intention of Forever Jewels and Local Correspondent that Local Correspondent perform the Services as an independent contractor to Forever Jewels. Nothing in this Agreement shall in any way be construed to constitute Local Correspondent as an agent, employee or representative of Forever Jewels. Without limiting the generality of the foregoing, Local Correspondent is not authorized to bind Forever Jewels to any liability or obligation or to represent that Local Correspondent has any such authority. Local Correspondent agrees to and acknowledges the obligation to pay all self-employment and other taxes on such income.
5. Acts of Third Parties.
For the purpose of these Terms and Conditions and the Forever Jewels Local Correspondent Agreement, Local Correspondent must not allow any third party, directly or indirectly, engage in any conduct or activity not permitted by the Local Correspondent and sole responsibility to comply them accordingly. Any conduct act by anyone on Local Correspondent’s behalf or under Local Correspondent’s direction or instructions, shall held the responsibility of Local Correspondent.
6. Continued Permanent Residence.
In order to retain Local Correspondent country origin Local Correspondent Agreement with Forever Jewels, Local Correspondent 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 Local Correspondent conduct Forever Jewels business properly. Local Correspondent shall contact the respective authorities to determine if any business license is required. Check with neighbourhood association to determine if is there
8. Activity Requirement.
To keep the account active, Local Correspondent must fulfill its obligations as outlined in the agreement and defined in paragraph 3. The Agreement will be suspended due to not meeting the above obligations.
9. Eligibility for Commissionable Earnings.
In order for Local Correspondent to earn commission, Local Correspondent must be in compliance with the terms of the Local Correspondent. For more information on commissionable earnings, please see the most recent version of the Forever Jewels Local Correspondent Pay Plan.
10. Income Tax.
The commission and other earnings are a form of income to the Local Correspondent and taxable. Local Correspondent 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, Local Correspondent can request an annual financial information by making request to firstname.lastname@example.org
11. Unsolicited Communications.
Local Correspondent is not allow to advertise through mass mailings. 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 Local Correspondent in connection with the business must meet the following requirements:
- Clearly identify Correspondent as the sender of the email and as a Correspondent 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.
- Local Correspondent’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.
12. Exclusive Territories.
The Exclusive Territory covers an area including the Local Correspondent Location (city) and extending in width fifty kilometres from the city.
13. 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 Local Correspondent, nor the goodwill connected, is conveyed by this Agreement. Local Correspondent may, in connection with promotion of Forever Jewels pursuant to the terms of this Agreement, refer to Local Correspondent’s applicable trade names or trademarks provided that all such references are in conformance with Forever Jewels’s requirements regarding such use, as such requirements are communicated to Local Correspondent in writing from time to time by Forever Jewels.
At anytime Local Correspondent 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.
14. Restricted Use of Third Party Trademarks.
If Local Correspondent chooses to create own marketing imagery, Local Correspondent 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.
15. Social Media and Online Presence.
Local Correspondent must comply with the rules associated with the social media website or network when using it in connection with Forever Jewels business.
Local Correspondent 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 :
- Local Correspondent 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 Local Correspondent or Online Pop-Up Boutique Affiliates.
- Local Correspondent is solely responsible for any posts and online activity conducted.
16. Media Engagement and Public Relations.
All third-party media communications are handled by Forever Jewels. Local Correspondent 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 Local Correspondent 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]
17. Use of Forever Jewels Intellectual Property.
Local Correspondent 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”). Local Correspondent shall comply with the use of Forever Jewels Intellectual Property
18. Ownership and Use of Confidential Information.
Forever Jewels may provide Local Correspondent with proprietary or non-public information and reports relating to Forever Jewels activity, including but not limited to downline reports, coaching reports (collectively, “Confidential Information”). Forever Jewels is the sole owner of such Information provided. In this regard, Local Correspondent 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, Local Correspondentis to return Forever Jewels all Confidential Information in Local Correspondent’ possession, including all copies thereof.
19. Security of Customer Data.
Local Correspondent 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. Local Correspondent 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, Local Correspondent 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. Local Correspondent shall, at Local Correspondent’s expense, cooperate with Forever Jewels and affected customers and use Local Correspondent 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, Local Correspondent shall not directly or indirectly, on Local Correspondent behalf or on the behalf of any other person or entity, (i) solicit any Local Correspondent or 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 Local Correspondent or Boutique Affiliate to terminate or alter Local Correspondent or 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 Local Correspondent or 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 Local Correspondentor Boutique Affiliate.
Local Correspondent is to refrain from making, publishing or disseminating negative, disparaging, untrue or misleading comments about Forever Jewels and its affiliated entities, other Local Correspondent, Forever Jewels products, the Pay Plan, or Forever Jewels managers, officers, its employees or its affiliated entities’ employees. Local Correspondent agrees not to engage in any activities that may cause harm or disruption to Forever Jewels, its affiliated entities or any other Local Correspondent. This paragraph applies to all forms of communication, including posts and messaging on social media platforms.
22. Right of Publicity.
Local Correspondent 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”), Local Correspondent‘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 Local Correspondent makes or expresses concerning Forever Jewels and/or its products or services will reflect Local Correspondent’s true and honest opinion of and experience with Forever Jewels and/or its products or services. Local Correspondent 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.
23. 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 Local Correspondent’s death or breach of any provision of this Agreement. Termination shall be effective on the date on which notice is effective or when Local Correspondent 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, Local Correspondent 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 Local Correspondent.
- Voluntary Cancellation.Local Correspondent 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 Forever Jewels business may be transferred or assigned by Local Correspondent 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.
25. Cumulative Remedies; Waiver.
All rights, powers and remedies given to Local Correspondent 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 Local Correspondent 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 Local Correspondent 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. Local Correspondent is bound to all amendments and the continuing operate as a Local Correspondent constitutes acceptance of the changes.
27. Entire Agreement.
This Agreement in its current form and as may be amended supersedes all prior communications, understandings and agreements between Local Correspondent and Forever Jewels and constitutes the entire agreement between Local Correspondent and Forever Jewels. Local Correspondent 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.
28. 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.
29. 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).
30. Mailing Addresses and Phone Numbers.
Local Correspondent 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 2316 7636
Delight Center: Unit 6, 7/F, Hunghom Commercial Centre, Tower B,37 Ma Tau Wai Road, Hunghom, Hong Kong. Tel: +852 2316 7636
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 Local Correspondentat the address Local Correspondent 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.
32. 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 Local Correspondent Agreement. I certify that all of the information provided by me in connection with my application to become a Local Correspondent and in this Agreement is true and accurate and by clicking “I Agree” Forever Jewels Local Correspondent intends 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 Local Correspondent 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 Local Correspondent 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 Local Correspondent 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 Jewels Compensation 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 Local Correspondent 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 foreverjewels.com for viewing, printing and downloading.
- Should there ever be a change in the equipment or software necessary to access the Local Correspondent 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: 23/07/20