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CARISSA PASEWARK

Legal

PRIVACY STATEMENT
Plunder Design is committed to protecting your privacy and ensuring the security of the information you submit to us. We want your use of the Plunder Design website(s) and the services we offer to be productive and safe and we have taken great efforts to keep your information confidential and secure at all times within our system. Our Privacy Policy was developed as an extension of our commitment to combine quality products and services with integrity in dealing with our users. Our Privacy Policy is designed to assist you in understanding how we collect, use, and safeguard the personal information you provide to us and to assist you in making informed decisions when using our site and our products and services. Plunder Design’s Privacy Policy illustrates our commitment to your privacy and security. This privacy statement covers the website: www.PlunderDe-sign.com, and any other website(s) that may launch in the future (collectively the “Plunder Design website(s)”). Because Plunder Design wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices. If you have questions or concerns regarding this statement, you should contact the corporate office at: support.plunderdesign.com Personal information we collect from the Plunder Design website(s) each have different functions and collect different types of personally identifiable information (PII) such as name, address, email address and phone number. Generally, you can visit the Plunder Design website(s) without entering any PII. However, if you choose to place an order on the Plunder Design website(s), we require that you provide your name, mailing address, billing address, email address, phone number, credit card number, and its expiration date. All of this information is necessary for us to complete the transaction and notify you of your order status. To access most of the functionality at www.PlunderDesign. com and particularly the password-protected, back-office functionality, where you can purchase or renew your monthly subscription, we require that you become a registered user and agree to comply with the terms of our User Agreement. You must also choose a unique username and password. To become a registered user, we require that you provide your name and valid and current email address, so that we may contact you, when necessary, concerning activity that is relevant to your account. When enrolling to become a Plunder Design Stylist (our name for an independent representative, distributor, or afiliate), and thereby obtain access to www.PlunderDesign.com and the relevant back-office areas, we collect your PII, including your name, home or business address, telephone numbers, email address, IP address, credit card number and expiration date, bank account information (for direct deposit or direct debit), and various government-issued identifying data, including, but not limited to, tax identification number, social security number, etc. We may also collect scanned copies of government-issued photo I.D.’s. This data is necessary to manage your status as a Plunder Design Stylist for purposes of identifying who you are, placement of your Stylist position and of downline Stylists in the personal enrollment tree and the placement tree, compliance management, monthly ordering, recognition and rewards, and bonus calculation and payment. We permit your upline to see only your name. We permit your sponsor to see your name, email address, and phone number. We also collect third-party personal information from customers, including their name, address, telephone number, email address, credit card number, and expiration date. This PII is used to charge for monthly recurring orders, and for no other essential purposes. Tell-A-Friend and Address Book If you choose to tell a friend about our site and/or subscription membership options, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. Plunder Design website(s) do not store this information.
 
Supplementation of Information In order to protect your account, we may on occasion supplement the personal information you submitted to us with information from third-party sources. We use services from leaders in the industry to verify your identity, in order to prevent others from defrauding your account or the company. Testimonials or Membership Review If you provide a testimonial or product review on the Plunder Design website(s), you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. For testimonials, we do obtain the customer’s consent prior to posting his or her name and video testimonial. If you enter a comment in a public forum, we are not responsible for the personally-identifiable information you choose to submit in these comments. If you want to remove your personal information that is being displayed on our website under public pages, please contact us at: support.plunderdesign.com How We Use Your Information We may use your email address, mailing address, and/or phone number to provide quality customer support or to reach you regarding an order status, fulfillment issues, and other customer service related activities. We may use your email address, mailing address, and/or phone number to contact you regarding new product offerings, newsletters, and other aspects of your use of the Plunder Design website(s). If, however, you do not wish to receive such communications, you have the ability to “opt-out” at any time and you will not be contacted further. From time to time, we may ask you to answer surveys regarding current or future Plunder Design products and ideas, as well as to determine hours worked at each rank in the compensation plan. Participation in these surveys is always optional. Survey responses are only used in the aggregate, and are never linked to an individual. While our survey data is primarily for use within Plunder Design only, we may occasionally share the aggregate survey data with our afiliates and development partners in order to facilitate new product development and improve customer service and overall customer satisfaction.
 
Information Sharing Plunder Design is not an “information broker.” We do not engage in the selling of the profile, contact, website usage habits, behavior, buying patterns, or demographic information of our customers, partners, or users. We use the information we collect about you to process orders, pay bonuses, and provide the best and most personalized service possible. We may revise this Privacy Statement occasionally, so please check it frequently. Plunder Design does not share, sell, rent, or trade PII with third parties other than as described in this Privacy Statement. Agents/Service Providers We use third parties, such as a shipping company, to fulfill orders and a credit card processing company to bill you for subscription memberships and other services. When you purchase a product and use our site, we will share your name, address, telephone number, and email address as necessary for the third party to provide that service. These third parties are prohibited from using your personally identifiable information for promotional purposes. Business Transition In the unlikely event Plunder Design goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via email and/or a prominent notice on our website of any such change in ownership or control of your personal information, as well as any choices you may have regarding your personal information. Legal Disclaimer In addition to the circumstances described above, Plunder Design may disclose or release information when we, in good faith, believe that doing so is reasonably necessary: (i) to comply with the law, judicial proceeding, court order, or legal process served on our website(s); (ii) to enforce or apply the terms of User Agreement; or (iii) to protect the rights, property, or safety of Plunder Design website(s), our users, or others.
 
Links to Other Website(s) Our website(s) may contain links to other websites that are not owned or controlled by Plunder Design. Please be aware that we, Plunder Design, are not responsible for the privacy practices of such other website(s). We encourage you to be aware when you leave our website(s) and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies only to information collected by our own website(s). Tracking Information Log Files Like most every website, the Plunder Design website(s) record certain tracking information any time someone visits the website(s). For every web page that is viewed, our web server records an IP address, the operating system, browser version and the name of the page that was viewed. We use a third-party tracking service that uses tracking technologies to track non-personally identifiable information about visitors to our site. This information is not linked to any specific user and is used in the aggregate to maintain, track performance, and improve the Plunder Design website(s). Third Party Tracking Technologies Some of our business partners may use cookies on our website(s). We do not have access or control over these cookies where used. Clear Gifs (Web Beacons/Web Bugs) We may employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our website(s) by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers’ PII. We may use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you would like to opt-out of these emails, you may simply click “unsubscibe” which appears at the bottom of each email communication sent.
 
Email and “Opt Out” Policy We may use your email address provided to contact you regarding the following: 1. User Registration Status (including confirmation of account signup); 2. Product order status and shipping notification(s); 3. Online Customer Satisfaction Survey; 4. Major changes to the website(s), and/or the addition of new products or services; 5. Promotional and marketing materials that we think you may find useful. If you desire not to receive information about products or services we think may be of interest, you can change the notification options in your account setings. If you wish to not receive any of these emails, you may opt out by following the unsubscribe instructions within each email communication. Protecting Your Personal Information The Plunder Design website(s) use secure sockets layer (SSL) to encrypt the transfer of sensitive information, such as your account password and billing information, including credit card, from your web browser to our web server. Only the last four (4) digits of your credit card number will be displayed in your account. When you place an order with us, you may be given an opportunity to select if you wish to have your credit card numbers stored on our system. Emails you send to us may not be secure unless you are told otherwise that security measures will be in place prior to you transmiting the information. For this reason, we ask that you do not send confidential information such as credit card numbers or account numbers to us through emails. The same SSL protocol also acts to authenticate the Plunder Design website(s) and prevent unauthorized “hackers” from masquerading as any of our website(s) while you are logged in to your account. This is accomplished through a “digital certificate”, which is an unforgettable electronic “identity card”. If another website attempts to falsely identify itself as a Plunder Design website(s), your web browser will display a warning indicating that there is a problem with the digital certificate for www.PlunderDesign.com. Do not log in to those website(s) if you see any such warning.
 
We follow generally-accepted industry standards to protect the personal information submitted to us, both during transmission, and once we receive it. No method of transmission over the internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our website(s), you may send a support ticket to us at: support.plunderdesign.com Updating Your Personal Information Stylists may update or correct their personal information at any time by visiting the “My Account” section of the Plunder Design website(s). if you need additional assistance, please contact the Plunder Design support staff at: support.plunderdesign.com Changes in this Privacy Statement By using our website(s), you consent to the collection and use of information by Plunder Design as described in this Privacy Statement. If we decide to change our Privacy Statement, we will post those changes to this Privacy Statement, the home page, and other places we deem appropriate, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page. Contact Us If you have any questions regarding Plunder Design’s Privacy Statement and/or practices, please contact us by any of the following means: Plunder Design, LLC Address: 1532 American Way, Payson, UT 84651 Customer Support: 801-800-8638 
 
 
CODE OF ETHICS
As a Stylist, what you can expect Plunder Design to do is: •Provide you with accurate information about the company’s Compensation Plan, products, and sales methods. •Describe the relationship between you and the company in writing. •Be accurate in any comparisons about products, services, or opportunities. •Refrain from any unlawful or unethical recruiting practice and exorbitant entrance or training fees. •Ensure that you are not just buying products solely to qualify for downline commissions. •Ensure that any materials (sales aids or business tools) marketed to you by others in the salesforce are consistent with the company’s policies, are reasonably priced, and have the same return policy as the company. •Require you to abide by the requirements of the Code of Ethics. •Safeguard your private information. •Provide adequate training to help you operate ethically. •Base all actual and potential sales and earnings claims on documented facts. •Encourage you to purchase only such quantities of sales aids or products for personal consumption that you will use. •Have reasonable start-up fees and costs.
 
What Your Customers / Prospects should expect from you as a Plunder Design Stylist: •Tell them who you are, why you’re approaching them, and what products you are selling. •Promptly end a demonstration or product presentation at their request. •Explain how to return a product or cancel an order. •Provide them with promotional materials that contain the address and telephone number of the company. •Provide a written receipt that identifies the company and you as the salesperson, including contact information for both. •Respect their privacy and their time by calling at a time that is convenient for them. •Safeguard their private information. •Provide accurate and truthful information regarding the price, quality, quantity, performance, and availability of the product or service. •Offer a written receipt in language they can understand. •Offer a complete description of any warranty or guarantee.
 
POLICIES & PROCEDURES
1. Policies and Compensation Plan Incorporated into Stylist Agreement; Amendments. These Policies and Procedures, in their present form and as amended at the sole discretion of Plunder Design, LLC (hereafter “Plunder Design” or the “Company”), are incorporated into the Plunder Design Independent Stylist Agreement. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Plunder Design Independent Stylist Agreement, the Policies and Procedures, the Plunder Design Compensation Plan, and the Plunder Design Business Entity Addendum (the Business Entity Addendum is only applicable to Stylists who enroll as a business entity). Independent Stylists shall be referred to herein as “Stylists.” The Company reserves the right to amend the Agreement at its discretion. Amendments shall be effective 30 days after notice and publication of the amended provisions in the Stylist’s Back-Office, but amended policies shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. A Stylist may cancel his/her Plunder Design business at any time and for any reason.
 
2. Policies and Provisions Severable. If any provision of the Agreement, in its current form or as amended, is held void or unenforceable, only the void or unenforceable portion(s) of the provision shall be severed from the Agreement and the remaining provisions shall remain in effect. The severed provision shall be reformed so that it is in compliance with the law and reflects the purpose of the original provision as closely as possible. The existence of any claim or cause of action of a Stylist against Plunder Design shall not constitute a defense to Plunder Design’s enforcement of any term or provision of the Agreement.
 
3. Term and Renewal of Stylist Agreement. The term of this Agreement is month-to-month. It automatically renews for an additional month upon the Stylist’s payment of his/her monthly Plunder Design replicated website fee. A Stylist’s failure to pay his/her replicated website fee will result in the suspension of his/her Plunder Design business until the fee is paid. If the replicated website fee is not paid for two consecutive months, the Stylist’s Plunder Design business will be permanently cancelled. Annual/monthly renewal fees are optional in North Dakota.
 
4. Independent Contractor Relationship. Stylists are independent contractors and not employees of Plunder Design. In all written, graphic, or digital material used for Plunder Design business purposes, Stylists must represent themselves as an “Independent Plunder Design™ Stylist.” In verbal conversations with prospective Stylists and customers, Stylists must introduce themselves as an “independent Plunder Design Stylist.” Stylists shall not lead anyone to believe that they are employees of Plunder Design.
 
5. General Conduct. Stylists shall safeguard and promote the good reputation of Plunder Design and its products, and must avoid all illegal, deceptive, misleading, unethical or immoral conduct or practices, and must exhibit high moral character in their personal and professional conduct. Stylists shall not engage in any conduct that may damage the Company’s goodwill or reputation. While it is impossible to specify all misconduct that would be contrary to this policy, and the following list is not a limitation on the standards of conduct to which Stylists must adhere pursuant to this policy, the following standards specifically apply to Stylists’ activities:
-Deceptive conduct is always prohibited. Stylists must ensure that their statements are truthful, fair, accurate, and are not misleading. 
-If a Stylist’s Plunder Design business is cancelled for any reason, the Stylist must discontinue using the Plunder Design name, and all other Plunder Design intellectual property, and all derivatives of such intellectual property, in postings on all Social Media, websites, or other promotional material.
-Stylists may not represent or imply that any state or federal government official, agency, or body has approved or endorses Plunder Design, its program, or products.
 -Stylists must not engage in any illegal, fraudulent, deceptive, or manipulative conduct in the course of their business or their personal lives that, in the Company’s sole discretion, could damage the Company’s reputation or the culture that exists within the field sales force.
 
6. Social Media. In addition to meeting all other requirements specified in these Policies, should a Stylist utilize any form of social media in connection with their Plunder Design business, including but not limited to blogs, Facebook, Twitter, Instagram, LinkedIn, YouTube, or Pinterest, the Stylist agrees to each of the following:
-Stylists are responsible for the content of all material that they produce and all of their postings and comments on any social media site, as well as all postings and comments made on any social media account that is registered in the Stylist’s name or that the Stylist otherwise owns, operates, or controls.
-Stylists shall not make any social media postings, or link to or from any postings or other material that is sexually explicit, obscene, pornographic, offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise), is graphically violent, is solicitous of any unlawful behavior, that engages in personal attacks on any individual, group, or entity, or is in violation of any intellectual property rights of the Company or any third party.
-No price discounts may be advertised on any social media platform. Advertising of prices on any social media platform must be in compliance with Policy 10 regarding price advertising.
-It is each Stylist’s responsibility to follow the social media site’s terms of use.
-A Stylist may post or “pin” photographs of Plunder Design products on their personal and business social media pages.
-A Stylist may host a party or event for another direct selling company on her or his personal social media page 
 
7. Social Media Business Pages and Group Pages. Stylists are encouraged to create their own business pages and/or group pages on social media platforms to promote their Plunder Design businesses. A business page is a social media account that is devoted to the promotion of your independent Plunder Design business and is a separate account from your personal pages. If a Stylist creates such a business page or group page on any social media platform to promote his/her Plunder Design business, in addition to the provisions of Policy 6, the Stylist agrees as follows:
-Except as specifically provided herein, the page must solely promote the Stylist’s Plunder Design business and Plunder Design products and may not promote or advertise the products or opportunity of any other direct selling business. Notwithstanding, a Stylist may promote a party or event for another direct selling company on his/her business or group page as long as
(a) the party or event features Plunder Design products,
(b) the Stylist is not a consultant for any of the other direct selling company products displayed or promoted at the party or event,
(c) the Stylist is not the “hostess” of the party or event,
(d) sales of the other direct selling company or companies products are not promoted at the page, and e) the income or business opportunity offered by the other direct selling company or companies is not promoted at the page.
-If the Stylist is participating in another direct selling opportunity, the Stylist must keep any social media pages for the other direct selling opportunity completely separate from his/her Plunder Design-related business or group page.
-Except as provided in the first bullet point of this Policy 7, promoting another direct selling business on a Stylist’s Plunder Design-related business or group page is a violation of the Nonsolicitation policy at Policy 25. In furtherance of this provision, a Stylist shall not take any action on a business or group page that may reasonably be foreseen to draw an inquiry from other Stylists relating to the Stylist’s other direct selling business activities.
-If the Stylist’s Plunder Design business is cancelled for any reason or if the Stylist becomes inactive, the Stylist must deactivate his/her Plunder Design-related business or group page. The restrictions set forth in this Policy 7 apply to Plunder Design-related business and group pages only and do not apply to a Stylist’s personal social media accounts.
 
8. Plunder Design Corporate Social Media Pages and Stylists’ Business and Group Social Media Pages Guidelines. When interacting with and making posts or comments on Plunder Design’s corporate social media pages and on social media business or group pages of other Stylists, Stylists agree to abide by the following rules of conduct:
-Stylists may not use such pages to solicit business, drive people to their personal or replicated websites, or recruit prospective or existing Stylists to their sales teams.
-Stylists must refrain from commenting on corporate posts with their personal contact information, requests to purchase from them, or requests to join their sales teams.
-Unless a Stylist has a prior personal relationship with a person who has posted or commented on a Plunder Design corporate page, Stylists may not personal message such individuals for personal gain. Violation of these guidelines may result in the removal or blocking of the offending Stylist from the corporate social media pages. In addition, the Company may elect to suspend the Plunder Design account of the offending Stylist for a period of one or more months, at the Company’s discretion. Repeated violations of these guidelines may result in the cancellation of the offending Stylist’s Independent Stylist Agreement.
 
9. Stylist Created Sales Tools. Stylists may create their own sales aids, advertising, promotional materials, and marketing methods (collectively “Sales Tools”), provided the Sales Tools are in compliance with the following requirements:
-The Sales Tools MAY NOT contain income claims, representations, or hypotheticals (including lifestyle income claims), unless the current Plunder Design Income Disclosure Statement is incorporated into the Sales Tool. (See Policy 22).
-The Sales Tools are not deceptive or misleading in any respect.
-Any prices advertised on the Sales Tools must be in compliance with Policy 10 (regarding price advertising). No discounts may be offered in any Sales Tool.
-The Sales Tools must properly identify Plunder Design’s trademarks and copyrights.
-Stylists may allow other Stylists to use their Sales Tools but SHALL NOT sell any Sales Tools to other Stylists (any sale or attempted sale of a Sales Tool to another Stylist will result in the termination of the offending Stylist’s Plunder Design business). Plunder Design reserves the right to require that a Stylist who produces a Sales Tool that is inconsistent with this policy or that is otherwise not in compliance with these Policies and Procedures immediately cease using such Sales Tool. Failure to comply with such a demand by Plunder Design will result in disciplinary action as provided herein. Stylists waive all claims against Plunder Design, its officers, directors, owners, employees, and agents for damages, expenses, costs, or remuneration of any other nature arising from or relating to Stylists’ compliance with any such demand. Plunder Design makes Company-produced and approved Sales Tools available in Stylists’ BackOffices.
 
10. Price Advertising. Except as provided in Policy 11, Stylists may re-sell Plunder Design products to their customers at any price they choose, and Stylists may advertise the availability of Plunder Design products. However, if a Stylist chooses to advertise or promote the sale of Plunder Design products, the Stylist may not advertise that the product has been discounted and may not advertise the price of the product unless the advertised price is the same as or greater than the retail price othe product at the official Plunder Design website.
 In addition, Stylists may not offer coupons, discounts, or specials in any advertising that is viewable by the general public such as online ads or on social media sites. Such offers may be made in one-on-one presentations, private messaging and other private gatherings or events.
 
11. Free Products. From time-to-time, Stylists may receive free products from Plunder Design. The purpose of the award of free products is to provide qualifying Stylists with additional product to display to their customers. Stylists may sell the free products to their customers at their discretion, provided the products are not sold at prices lower than the retail prices for the products as set forth at the official Plunder Design website. Any Stylist who sells such product at prices lower than the said retail prices will be ineligible for receipt of free products in the future.
 
12. Trademarks, Trade Name and Logos. The name “Plunder Design” and other names and logos as may be adopted by the Company are proprietary trademarks, service marks, and/or trade names of Plunder Design. The Company grants Stylists a limited license to use its trademarks, service marks, and trade names in promotional media (e.g., social media advertising, Sales Tools, and Stylist-created websites or mobile applications) for so long as the Stylist’s Agreement is in effect and any such usage is in compliance with these Policies and Procedures. Upon cancellation of a Stylist’s Agreement for any reason, the license shall expire and the Stylist shall immediately discontinue all use of the Company’s trademarks and trade names. Under no circumstances may a Stylist use any of Plunder Design’s trademarks or trade names, or any derivative or portion thereof, in any email address, website domain name, social media handle, social media name or address, blog name or address, or in any non-compliant Sales Tools.
 
13. Copyrights. Plunder Design commonly produces live and recorded events as well as webinars and telephone conference calls. During these events, Company executives, Stylists, and guests appear and speak. The content of such events is copyrighted material that is owned exclusively by the Company. Except as provided below, Stylists may not record company functions, whether such event is live, a webinar, via conference call, or delivered through any other medium. Stylists may record such events for the limited purpose of sharing the recordings with other Stylists on their teams for training and motivation purposes only. Stylists who speak at such events, whether the event is a live, in-person event, a conference call, a webinar, a live social media event (e.g., Facebook Live), or via any other medium grant to Plunder Design the right to use such Stylists’ names, voices, images, or likenesses for promotional and marketing purposes without compensation or remuneration. By participating in such an event, you grant to Plunder Design an irrevocable and royalty-free license to so
exploit your name, voice, likeness, or image. In addition, Company produced Sales Tools, videos, audios, podcasts, and printed material are copyrighted materials belonging to Plunder Design. Stylists shall not copy any such materials for their personal or business use without the Company’s prior written approval.
 
14. Third Party Trademarks, Copyrights & Intellectual Property – Personalized Jewelry. Plunder Designs enables Stylists and their customers to upload images to create personalized jewelry. When uploading an image, whether for her own personal use or on behalf of customer, a Stylist must insure that she has the right to upload the image. Neither Stylists nor customers may upload any image unless the Stylist or customer is the original creator of the image, is the owner or proprietor of all intellectual property rights associated with the image (e.g., copyright or trademark rights), or has received permission to upload and make use of the image from the copyright holder or trademark owner of the image. If a Stylist or customer uploads an image that she does not own to be incorporated into a piece of personalized jewelry without the necessary permissions, Plunder Design will not fulfill the order. Stylists who repeatedly submit such images will be subject to disciplinary action as provided herein and may, at the discretion of the Company, be terminated as Plunder Design Stylists. In the event a copyright holder, trademark owner, or the owner of any other intellectual property right brings an action against Plunder Design and such action arises out of the uploading of image(s) by a Stylist, the subject Stylist agrees that she shall indemnify the Company as provided in Policy 43 below.
 
15. Stylist Web Sites, Blogs, and Mobile Applications. Stylists may create their own websites, blogs, or mobile applications to promote their Plunder Design businesses and Plunder Design’s products and services. However, enrollments of new Stylists may only be processed through official Plunder Design supplied replicated websites and, where applicable, Company-supplied mobile applications. With respect to Stylist-created websites and blogs, a Stylist may use only ONE such website or blog to promote her Plunder Design business and Plunder Design products. Whether a Stylist creates a website or blog for the purpose of promoting her Plunder Design business and Plunder Design products or uses an existing website or blog that she already owns or operates, such personal website or blog must comply with the following:
-The website or blog MAY NOT contain any income claims, representations, or hypotheticals (including lifestyle income claims), unless a current version of the Plunder Design Income Disclosure Statement is incorporated into the website/blog and a link to the Income Disclosure Statement is prominently displayed adjacent to any such claim. (See Policy 22).
-The website or blog MAY NOT contain any text, images, or other content that is deemed by Plunder Design (at its sole discretion) to be misleading or deceptive in any way.
-Any prices advertised on the website or blog must be in compliance with Policy 10 (regarding price advertising). No discounts may be offered through the website or the blog.
-The website or blog MAY NOT contain any content or material that is sexually explicit, obscene, pornographic, offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise), is graphically violent, is solicitous of any unlawful behavior, that engages in personal attacks on any individual, group, or entity, or is in violation of any intellectual property rights of the Company or any third party.
-The website or blog may not be enabled to process the enrollment of new Stylists. The website or blog must be directed to the Stylist’s Plunder Design replicated website to process the enrollment of new Stylists.
-Plunder Design’s name and trademarks (or derivatives or portions thereof) may not be used in the domain name or URL of any such website or blog. (See Policy 12 above).
-The website or blog must contain a link to the Stylist’s Plunder Design replicated website.
-The website or blog must:
(a) Clearly and conspicuously identify the Stylist who is operating the website;
(b) Clearly and conspicuously disclose that she/he is a Plunder Design Independent Stylist; and
(c) Clearly and conspicuously disclose that the site is not Plunder Design’s corporate website.
(d) “Blind Websites” or “Blind Blogs”) (websites or blogs that do not identify the promoter of the site and/or that he/she is promoting Plunder Design’s products or the Plunder Design opportunity) are not permitted.
(e) Upon cancellation of an independent Stylist’s Plunder Design Agreement for any reason, the former Stylist must immediately disable and/or remove from public view/access her personal Plunder Design website or blog from the internet. NOTE if the former Stylist is using a website or blog that she owned or operated previous to becoming a Plunder Design Stylist, the former Stylist must immediately remove from public access or viewing all content at such website or blog that was used to promote the Plunder Design business or opportunity.
(f) The website or blog must exclusively promote Plunder Design’s products and Plunder Design’s opportunity. No other direct selling or party plan products or opportunity may be displayed or promoted at the website or blog. Plunder Design reserves the right to require that a Stylist who produces a personal Plunder Design website or blog that is not in strict compliance with this policy or that is otherwise not in compliance with these Policies and Procedures to, at the sole discretion of Plunder Design, immediately revise the website or blog or to cease using such website or blog and to disable it or otherwise remove it from public access or view. Failure to comply with such a demand by Plunder Design will result in disciplinary action as provided herein. Stylists waive all claims against Plunder Design, its officers, directors, owners, employees, and agents for damages, expenses, costs, or remuneration of any other nature arising from or relating to Stylists’
compliance with any such demand.
 
16. Third Party E-Commerce Websites. Plunder Design products may be sold only through the following websites: a) the official Plunder Design website, b) Stylists’ official Plunder Design replicated websites, c) Stylists’ personal websites (see Policy 15), or d) Stylists’ social media accounts/pages. In no event may Plunder Design products be promoted or sold through third party e-commerce websites including, but not limited to, eBay, Craigslist, Etsy, Zulilly, Amazon, Alibaba, and other online auctions and classified listings websites.
 
17. Retail and Service Outlets. Stylists are permitted to display and sell Plunder Design products at retail stores and at service-related businesses such as hair salons, nail salons, spas, etc. However, Plunder Design reserves the right to require that a Stylist cease selling or displaying Plunder Design products at retail or service outlets that it deems are not compatible with the Plunder Design brand and culture.
 
18. Trade Shows and Vendor Events. Stylists may display and sell Plunder Design products at professionally-produced trade shows and vendor events. As a general rule, the first Stylist who signs up for such an event is the only Stylist who is entitled to participate in the event. Prior to registering for such an event and before paying a deposit or any fee to participate in the event, a Stylist must determine whether there is already another Stylist registered for the event. If another Stylist has already registered for the event, the second or later Stylist(s) may not register separately for the event. Instead, such a Stylist may, if he or she desires, contact the Stylist(s) who has/have already registered for the event to explore the opportunity join forces and work the event the other Stylist(s). In the event that two or more Stylists register to participate in the same trade show or vendor event, the Company recommends that they work together to maximize the potential of the event for all participating Stylists and to ensure that participating Stylists are treated with and treat each other with respect. Stylists who are not registered for a trade show or vendor event may not attempt to circumvent this policy by attending the event and promoting his/her Plunder Design business outside of an official booth. Stylists who participate as registered vendors at such events who are representing Plunder Design may not promote any other products, services or business opportunities at the event. Plunder Design reserves the right to prohibit Stylists from participating in an event that it does not deem as being conducive to the advancement of the Plunder Design brand. In no event may Stylists display or sell Plunder Design products at flea markets, swap meets, or the like. Product advertising and sales conducted prior to or at such events must be in compliance with all policies herein, particularly Policies 6 – 13.
 
19. Recruiting and Sponsoring. When recruiting and sponsoring other Stylists, Stylists agree to the following:
(a) Right to Sponsor. All active Stylists in good standing have the right to sponsor and enroll other Stylists into Plunder Design. Each prospective Stylist has the ultimate right to choose his/her own Sponsor. If two Stylists claim to be the Sponsor of the same new Stylist, the Company shall regard the first application received by the Company as controlling. Notwithstanding, Poaching and Cross Sponsoring are prohibited.
(b) Poaching Prohibited. Poaching is defined as seeking to entice or enticing a prospective Stylist who has been recruited by another Stylist to enroll as a Stylist under a Stylist other than the Stylist who first began working with and recruiting the prospective Stylist. Stylists shall not demean, discredit, or defame other Plunder Design Stylists in an attempt to entice a prospective Stylist to become part of the first Stylist’s downline organization.
(c) Cross Sponsoring Prohibited. Cross sponsoring is defined as the enrollment of an individual or entity who already has a current Stylist Agreement on file with Plunder Design, or who has had such an agreement within the preceding six months, within a different line of sponsorship. Stylists shall not demean, discredit, or defame other Plunder Design Stylists in an attempt to entice another Stylist to become part of the first Stylist’s downline.
(d) Consequences of Poaching or Cross Sponsoring. If Poaching or Cross Sponsoring is discovered, it must be brought to the Company’s attention immediately. Plunder Design may take disciplinary action against the Stylist that changed organizations and/or those Stylists who encouraged or participated in the Poaching or Cross Sponsoring. Plunder Design may also move all or part of the offending Stylist’s downline to his/her original downline if the Company deems it equitable and feasible to do so. However, Plunder Design is under no obligation to move the Poached or Cross Sponsored Stylist’s downline organization, and the ultimate disposition of the downline organization remains within the sole discretion of Plunder Design. Stylists waive all claims and causes of action against Plunder Design arising from or relating to the disposition of the Poached or Cross Sponsored Stylist’s downline organization.
(e) Recruiting Incentives Prohibited. When recruiting a prospective Stylist, a Stylist maynot offer any monetary or product incentives to the prospective Stylist in an effort to entice the prospective Stylist to join under him/her. Prohibited recruiting incentives include, but are not limited to, the following: o Offering financial assistance to a prospective Stylist; o Offering free products or gifts to a prospective Stylist; o Purchasing or paying for the prospective Stylists Starter Kit; and Adherence to Plunder Design Program. When promoting the Plunder Design opportunity to prospective Stylists and recruiting and sponsoring other Stylists, Stylists shall not offer the Plunder Design opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically set forth in official Plunder Design literature. Stylists shall not require or encourage other current or prospective Stylists to participate in Plunder Design in any manner that varies from the program as set forth in official Plunder Design literature. Stylists shall not require or encourage other current or prospective Stylists to execute any agreement or contract other than official Plunder Design agreements and contracts in order to become a Plunder Design Stylist. Similarly, Stylists shall not require or encourage other current or prospective Stylists to make any purchase from, or payment to, any individual or other entity to participate in the Plunder Design opportunity other than those purchases or payments identified as recommended or required in official Plunder Design literature. 20. Change of Sponsor. The only means by which a Stylist may legitimately change his/her sponsor are by: (f) Voluntarily canceling his/her Plunder Design business in writing and remaining inactive for six (6) full calendar months. Following the six-calendar month period of inactivity, the former Stylist may reapply under a new sponsor. The Stylist will lose all rights to his/her former downline organization upon his/her cancellation; or
(g) Submitting a request to the Company for a change of sponsor. The Stylist requesting the transfer must also submit written and signed transfer authorization forms from his/her immediate five (5) upline Stylists as well as the Stylist’s first upline Stylist at the Title of 1 Star Peep or higher.
 
21. Waiver of Claims-Change of Sponsor. In cases wherein a Stylist improperly changes his/her sponsor, Plunder Design reserves the sole and exclusive right to determine the final disposition of the downline organization that was developed by the Stylist in his/her second line of sponsorship. STYLISTS WAIVE ANY AND ALL CLAIMS AGAINST PLUNDER DESIGN, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO OR ARISE FROM PLUNDER DESIGN’S DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT DEVELOPS BELOW A STYLIST WHO HAS IMPROPERLY CHANGED HIS/HER SPONSOR.
 
22. Income Claims; Income Disclosure Statement. When presenting or discussing the Plunder Design opportunity to prospective Stylists, a Stylist may not any make Income Claims unless, at the time that the presentation is made, the Stylist provides a current copy of the Plunder Design Income Disclosure Statement to the person(s) to whom she/he is making the presentation. In addition, a copy of the Income Disclosure Statement must be provided to all prospective Stylists anytime the Compensation Plan is presented or discussed. If the presentation or discussion takes place inperson (e.g., a one-on-one meeting or presentation to a group of people), a printed copy of the Income Disclosure Statement must be distributed to each attendee. You may download and print copies of the Income Disclosure Statement from your Plunder Design Back Office. If the presentation or discussion takes place online or via social media, a link to the Income Disclosure Statement must be included in the online or social media post. The link must be incorporated into the following statement:“The income results depicted here are not representative of the typical or average earnings of a Plunder Design Stylist. For complete information, please review the Plunder Design Income Disclosure Statement at https://www.plunderdesign.com/pdf/en/PD_IDS_050217.pdf.” For purposes of this policy, the term “Income Claim” includes include:
(1) statements of actual earnings,
(2) images of checks, tax returns, or commission/bonus statements,
(3) statements of projected earnings,
(4) statements of earnings ranges,
(5) income testimonials,
(6) hypothetical claims, and
(7) lifestyle income claims. A “lifestyle income claim” is a statement or image (e.g., photo or video) that implies or states that the Stylist is able to enjoy a luxurious or successful lifestyle due to the income the Stylist earns from his/her Plunder Design business. Examples of lifestyle income claims include, but are not limited to, representations (either through audio or visual medium) that a Stylist was able to quit his/her job, acquire expensive or luxury material possessions, or travel to exotic or expensive destinations, and often include statements or pictures involving large homes, luxury cars, exotic vacations, or other items suggesting or implying success, luxury or wealth. Stylists who develop Sales Tools in which the Compensation
Plan or income claims are present must incorporate the IDS into each such Sales Tool.
 
23. Compensation Plan and Program Claims. When presenting or discussing the Plunder Design compensation plan, Stylists must make it clear to prospects that financial success in Plunder Design requires commitment, effort, and sales skill. Conversely, Stylists must never represent that one can be successful without diligently applying themselves. Examples of misrepresentations in this area include, but are not limited to:
-It’s a turnkey system.
-The system will do the work for you.
-Just get in and your downline will build through spillover. 
-Just join and I’ll build your downline for you.
-The Company does all the work for you.
 You don’t have to sell anything. The above are just examples of improper representations about the compensation plan and the Company’s program. It is important that you do not make these, or any other representations, that could lead a prospect to believe that they can be successful as a Stylist without commitment, effort, and sales skill.
 
24. Media Inquiries. Stylists must not interact with the media regarding the Plunder Design business or products. All inquiries from the media, including radio, television, print, online, or any other medium, shall be directed to Plunder Design’s marketing department.
 
25. Nonsolicitation. Plunder Design Stylists are free to participate in other network marketing programs. However, during the term of this Agreement and for one year thereafter, with the exception of a Stylist’s personally sponsored downline Stylists, a Stylist may not directly or indirectly Recruit other Plunder Design Stylists for any other network marketing business. The term “Recruit” means the direct or indirect, actual or attempted, sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, another Plunder Design Stylist to enroll or participate in another network marketing opportunity. This conduct constitutes Recruiting even if the Stylist’s actions are in response to an inquiry made by another Stylist or customer. If a Stylist is engaged in other non-Plunder Design business or Network Marketing program, it is the responsibility of the Stylist to ensure that his/her Plunder Design business is operated entirely separate and apart from all other businesses and/or Network Marketing programs. To this end, the Stylist must not:
– Display Plunder Design promotional material, sales aids, or products with or in the same location as, any non-Plunder Design promotional material or sales aids, products or services (Per Policy 6 above, Stylists’ personal social media pages as well as Pinterest and similar social media sites are exempt from this policy) 
Offer the Plunder Design opportunity, products or services to prospective or existing customers or Stylists in conjunction with any non-Plunder Design program, opportunity or products.
– Offer, discuss, or display any non-Plunder Design opportunity, products, services or opportunity at any Plunder Design-related trunk-show, meeting, seminar, convention, webinar, teleconference, or other function. Plunder Design and Stylist agree that:
(a) any violation of this policy shall cause Plunder Design irreparable harm for which there is no adequate remedy at law; and
(b) if injunctive relief, including but not limited to a temporary restraining order, is not granted to Plunder Design, the injury to Plunder Design shall outweigh the potential injury to Stylist, and therefore Plunder Design shall be entitled to emergency and permanent injunctive relief to prevent further violations of this policy.
 
26. Handling Personal Information. If you receive Personal Information from or about prospective Stylists or customers, it is your responsibility to maintain its security. You should shred or irreversibly delete the Personal Information of others once you no longer need it. Personal Information is information that identifies, or permits you to contact, an individual. It includes a customer’s, potential customers, Stylists and prospective Stylists’ name, address, email address, phone number, credit card information, social security or tax identification number and other information associated with these details.
 
27. Confidential Information. “Confidential Information” includes, but is not limited to, the identities, contact information, and/or sales information relating to Plunder Design’s Stylists and/or customers:
(a) that is contained in or derived from any Stylists’ respective Back-Office;
(b) that is derived from any reports issued by Plunder Design to Stylists to assist them in operating and managing their Plunder Design business; and/or
(c) to which a Stylist would not have access or would not have acquired but for his/her affiliation with Plunder Design. Confidential Information constitutes proprietary business trade secrets belonging exclusively to Plunder Design and is provided to Stylists in strict confidence.Confidential Information shall not be directly or indirectly disclosed to any third party nor used for any purpose other than Stylist’s use in building and managing his/her Independent Plunder Design business. Any violation of this policy shall cause Plunder Design irreparable harm for which there is no adequate remedy at law. The parties further agree that the harm to Plunder Design shall outweigh any harm to Stylist if injunctive relief is awarded to the Company. Plunder Design shall therefore be entitled to immediate and permanent equitable relief to prevent
further violations of this policy.
 
28. Product Inventory. Stylists are neither required nor encouraged to carry an inventory of Plunder Design products for resale. Pursuant to the Plunder Design business model, products are typically direct shipped from the Company to the customer. Stylists choosing to sell Plunder Design products directly to their customers must adhere to Policies 6 – 13 when advertising or promoting the sale of the products.
 
29. Selling and Trading Products With Other Stylists. Stylists may not purchase Plunder Design products and re-sell such products to other Stylists. A Stylist may trade Plunder Design products with other Stylists as long as the trade is not an attempt to circumvent this policy. A Stylist may use Plunder Design products as incentives, rewards, or giveaways with other Stylists as long as it is not part of a sales transaction. [The effective date of this policy is October 1, 2017.]
 
30. Bonus Buying. Bonus buying is strictly prohibited. Bonus buying is the purchase of merchandise for any reason other than bona fide resale or use, or any mechanism or artifice to qualify for rank advancement or maintenance, incentives, prizes, commissions or bonuses that are not driven by bona fide product purchases by end user consumers for actual use.
 
31. Limitations on Stylist and Household Businesses. Stylists may own, operate, control, or have an interest in, only one Plunder Design business, and there may be only one Plunder Design business in a household. A “household” is defined as spouses or couples, and dependent children of one or both spouses or couples, living in the same home of the spouses or member of the couple, as well as dependent children of either spouse or member of the couple, while attending school away from home.
 
32. Actions of Affiliated Parties and Household Members. The term “Business Entity” shall mean any corporation, partnership, limited liability company, trust or other entity that owns or operates a Plunder Design independent business. The term “Affiliated Party” shall mean any individual, partnership, trust, limited liability company, or other entity that has an ownership interest in, or management responsibility for, a Business Entity. A Business Entity and each Affiliated Party must comply with the Agreement. If a Business Entity and/or any Affiliated Party violates the Agreement, Plunder Design may take disciplinary action against the Business Entity and/or against any or all of the Affiliated Parties. In addition, if a household family member of a Stylist engages in conduct that would be a violation of the Agreement, the conduct of the household family member may be imputed to the Stylist.
 
33. Tampering With Product Packaging. Plunder Design products must be sold in their original packaging; Stylists shall not alter the original packaging or labeling.
 
34. Negative Comments. Complaints and concerns about Plunder Design should be directed to the customer Service Department. Stylists must not disparage, demean, or make negative remarks to third parties or other Stylists about Plunder Design, Plunder Design’s products, the Company’s owners, officers, directors, management, or employees, other Plunder Design Stylists, the Marketing and Compensation plan, or any other direct selling company or its products. Disputes or disagreements between any Stylist and Plunder Design shall be resolved through the dispute resolution process, and the Company and Stylists agree specifically not to demean, discredit, or criticize one another on the Internet or any other public forum.
 
35. Sales Receipts. Stylists must provide their retail customers that purchase merchandise directly from the Stylist with two copies of an official Plunder Design sales receipt at the time of the sale and advise them of the three day right to rescind the transaction, which is set forth on the receipt. Stylists must maintain all retail sales receipts for a period of two years and furnish them to Plunder Design at the Company’s request. Sales receipts can be purchased from the Company. Retail customers who purchase from a Stylist’s Replicated Website need not be provided with a sales receipt as the receipt will automatically be sent by the Company via email at the time the order is placed.
 
36. Sales Taxes. Plunder Design may be required to charge and remit sales taxes on purchases made by Stylists and customers in some states. Accordingly, in those states that tax the Company’s products, the Company will collect and remit sales taxes on behalf of Stylists, based on the suggested retail price of the products, according to applicable tax rates in the state in which the sale is made.
 
37. Adjustment to Bonuses and Commissions. Compensation stemming from product sales is fully earned when the applicable return, repurchase, and chargeback periods applicable to product sales have all expired. If a product is returned to Plunder Design for a refund or is repurchased by the Company, or a chargeback occurs, the compensation attributable to the returned or repurchased product(s) will be deemed unearned compensation and recovered by the Company. Unearned compensation will be deducted, in the month in which the refund is issued or the chargeback occurs, and continuing every pay period thereafter until the commission is recovered, from the upline Stylists who received bonuses and commissions on the sales of the refunded products. In addition, if a Stylist accepts payment from a customer for product(s) and fails to deliver the product(s) the customer, the Stylist shall reimburse Plunder Design for any refunds issued by Plunder Design to the customer or for any product(s) shipped to the customer by Plunder Design in place of the product(s) that the Stylist failed to deliver. Such reimbursement and attendant expenses shall be withheld from the subject Stylist’s future bonus and commission payments until recovered in full by Plunder Design. Plunder Design reserves the right to withhold or reduce any Stylist’s compensation as it deems necessary to comply with any garnishment or court order directing Plunder Design to retain, hold, or redirect such compensation to a third party.
 
38. Return of Merchandise and Sales Aids by Stylists Upon Cancellation or Termination. Upon cancellation or termination of a Stylist’s Agreement, the Stylist may return products and Sales Tools that he or she personally purchased from Plunder Design within 12 months prior to the date of cancellation (the one year limitation shall not apply to residents of Maryland, Massachusetts, Wyoming and Puerto Rico) so long as the goods are in currently marketable condition. The goods must be returned within 30 days from the date of the Stylist’s cancellation or termination. Upon the Company’s receipt of returned goods and confirmation that they are in currently marketable condition, the Stylist will be reimbursed 90% of the net cost of the original purchase price(s). Shipping and handling charges will not be refunded. If the purchases were made through a credit card, the refund will be credited back to the same account. Goods are in “currently marketable condition” if they are unopened and unused and packaging and labeling has not been altered or damaged. Merchandise that is clearly identified at the time of sale as nonreturnable, closeout, discontinued, or as a seasonal item is not in currently marketable condition. Replicated website fees are not refundable except as may be required under applicable state law.
 
39. Montana Residents. A Montana resident may cancel his/her Stylist Agreement within 15 days from the date of enrollment, and may return his/her sales kit within such time period and is entitled to a full refund for the sales kit and for any other consideration he/she paid in such time period to participate in the program.
 
40. Customer Right to Cancel. Federal and state law requires that Stylists notify their retail customers that they have three business days (five business days for Alaska residents, 15 days for residents of North Dakota age 65 and over) within which to cancel their purchase and receive a full refund upon return of the products in substantially as good condition as when they were delivered. (Saturday is a business day, Sundays and legal holidays are not business days.) Stylists shall verbally inform their customers of this right, shall provide them with TWO copies of a retail receipt at the time of the sale, and shall point out this cancellation right stated on the receipt.
 
41. Plunder Promise. Plunder wants its customers’ and Stylists’ experience with Plunder products to be great! To that end, the Company offers the Plunder Promise. If for any reason a customer or stylist is not completely satisfied with his/her Plunder purchase, he/she may return the product(s) to the Company within 30 days of receipt of the product(s) for a replacement, exchange, or full refund of the purchase price (less shipping charges). After the initial 30 days have passed, the Company will accept the return of Plunder products for replacement, exchange or a refund (less shipping charges) on a case-by-case basis. Note that after 90 days, products are not returnable for any reason. Nor are personalized items returnable under the Plunder Promise—with the exception of manufacturing defects. Personalized items that have manufacturing defects must be returned within 30 days of receipt. All products returned pursuant to the Plunder Promise are returned to the Company. Stylists agree that they shall, when requested, assist their customers with product returns. This product satisfaction guarantee does not apply to products damaged by abuse or misuse, and shipping costs are not refundable. Stylists shall disclose the terms of the Plunder Promise to his/her customers at the time of sale and shall also point out the Plunder Promise information on the sales receipt and product literature. If a Stylist’s returns total $2,000 or more during any 12 consecutive month period, the request will constitute the Stylist’s voluntary cancellation of his/her Stylist Agreement, and the refund will be processed as an inventory repurchase and the Stylist’s Plunder Design business will be cancelled.
 
42. Disciplinary Sanctions. Violation of the Agreement, any illegal, fraudulent, deceptive or unethical business conduct, or
any act or omission by a Stylist that the Company reasonably believes may damage its reputation or goodwill, may result in the suspension or termination of the Stylist’s Plunder Design business, and/or any other disciplinary measure that Plunder Design deems appropriate to address the misconduct. In situations deemed appropriate by Plunder Design, the Company may institute legal proceedings for monetary and/or equitable relief.
 
43. Indemnification. Stylists agree to indemnify Plunder Design for any and all costs, expenses, consumer reimbursements, fines, sanctions, damages, settlements or payments of any other nature that Plunder Design incurs resulting from or relating to any act or omission by Stylist that is illegal, fraudulent, deceptive, negligent, unethical, or in violation of the Agreement. Plunder Design may elect to exercise its indemnification rights through withholding any compensation due the Stylist. This right of setoff shall not constitute Plunder Design’s exclusive means of recovering or collecting funds due Plunder Design pursuant to its right to indemnification.
 
44. Effect of Cancellation. A Stylist whose business is cancelled for any reason will lose all Stylist rights, benefits and privileges. This includes the right to represent yourself as an Independent Plunder Design Stylist, to sell Plunder Design products and services and the right to receive commissions, bonuses, or other income resulting from his/her own sales and the sales and other activities of the Stylist and the Stylist’s former downline sales organization. There is no whole or partial refund for sales kit, Back-Office, Replicated Website or renewal fees if a Stylist’s business is cancelled.
 
45. Voluntary Cancellation. A participant in this network-marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address or by cancelling his/her business through the Back-Office. The written notice must include the Stylist’s signature, printed name, address, and Stylist I.D. Number. A Stylist may also voluntarily cancel his/her Plunder Design business by failing to pay the monthly Replicated website fee and any annual renewal fee or by withdrawing consent to contract electronically.
 
46. Cancellation for Inactivity. If a Stylist fails to earn a commission for 12 consecutive months, his/her Stylist Agreement and Plunder Design business will be cancelled for inactivity. The buyer shall then be classified as a retail customer.
 
 
47. Business Transfers. Stylists in good standing who wish to sell or transfer their business must receive Plunder Design’s prior written approval before the business may be transferred. Requests to transfer a business must be submitted to the Compliance Department. It is within Plunder Design’s discretion whether to allow a business sale or transfer, but such authorization shall not be unreasonably withheld. However, no business that is on disciplinary probation, suspension, or under disciplinary investigation may be transferred unless and until the disciplinary matter is resolved. Prior to transferring a business to a third party, the Stylist must offer Plunder Design the right of first refusal to purchase the business on the same terms as negotiated with a third party. The Company shall have ten days to exercise its right of first refusal.
 
48. Transfer Upon a Stylist’s Death. A Stylist may leave his/her business to his/her heirs. Because Plunder Design cannot divide commissions among multiple beneficiaries or transferees, the beneficiaries or transferees must form a business entity (corporation, LLC, partnership, etc.), and Plunder Design will transfer the business and issue commissions to the business entity. In the case of a business transfer via testamentary instrument, the beneficiary of the business must provide Plunder Design with certified letters testamentary and written instructions of the trustee of the estate, or an order of the court, that provides direction on the proper disposition of the business. The beneficiary must also execute and submit to the Company a Plunder Design Stylist Agreement within 30 days from the date on which the business is transferred by the estate to the beneficiary or the business will be cancelled.
 
49. Business Distribution Upon Divorce. Plunder Design is not able to divide commissions among multiple parties, nor is it able to divide a downline organization. Consequently, in divorce cases, any settlement or divorce decree must award the business in its entirety to one party. Plunder Design will recognize as the owner of the business the former spouse to who is awarded the business pursuant to a legally binding settlement agreement or decree of the court. The former spouse who receives the Plunder Design business must also execute and submit a Plunder Design Stylist Agreement within 30 days from the date on which the divorce becomes final or the business will be cancelled.
 
50. Dissolution of a Business Entity. Plunder Design is not able to divide commissions among multiple parties, nor is it able to divide a downline organization. Consequently, in the event that a business entity that operates a Plunder Design business dissolves, the owners of the business entity must instruct the Company on the identity of the proper party who is to receive the business. The Plunder Design business must be awarded to a single individual or entity that was previously recognized by the Company as an owner of the business entity; the Company cannot divide the business among multiple parties or issue separate commission payments. If the business entity wishes to sell or transfer its Plunder Design business, it must do so pursuant to Policy 46. In addition, the recipient of the Plunder Design business must also execute and submit a Plunder Design Stylist Agreement to the Company within 30 days from the date of the dissolution of the business entity or the Plunder Design business will be cancelled.
 
51. Assignment and Delegation by Plunder Design. Plunder Design shall not assign its rights in the Agreement of any individual Stylist to any third-party without the written consent of the Stylist. Notwithstanding the foregoing, if the assets of Plunder Design, or a controlling ownership interest in Plunder Design, is transferred to a third party, Plunder Design may assign its rights and delegate its duties and obligations under theAgreement to such third party as part of the sale or transfer.
 
52. Inducing Stylists to Violate the Agreement. Stylists shall not induce, encourage, or assist another Stylist to violate the Agreement.
 
53. Reporting Errors. If a Stylist believes that Plunder Design has made an error in his/her compensation, the structure or organization of his/her genealogy, or any other error that impacts the Stylist’s income, he/she must report it to the Company in writing within 60 days from the date on which the mistake occurred. While Plunder Design shall use its best efforts to correct errors reported more than 60 days after the date of the error, Plunder Design shall not be responsible to make changes or remunerate Stylists for losses for mistakes that are reported more than 60 days after the mistake occurs.
 
54. International Activities. Stylists may not sell Plunder Design products or conduct business activities of any nature in any foreign country that the Company has not announced is officially open for business.
 
55. Dispute Resolution a. Confidential Arbitration. Except as otherwise provided in the Agreement, any controversy or claim that arises out of or relates to the Agreement, the breach thereof, or the Plunder Design business shall be resolved through confidential arbitration. THE PARTIES WAIVE RIGHTS TO A TRIAL BY JURY OR TO ANY COURT. The arbitration shall be filed with, and administered by JAMS in accordance with its Rules and Procedures, which are available on JAMS’ website at http://www.jamsadr.com/rulesclauses/xpqGC .aspx?xpST=RulesClauses. Copies of JAMS Rules and Procedures will also be emailed to Stylists upon request to Plunder Design’s customer Service Department. Notwithstanding the rules of JAMS, unless otherwise stipulated by the Parties, the following shall apply to all Arbitration actions: 
– The Federal Rules of Evidence shall apply in all cases.The Parties shall be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure.
– The Parties shall be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure.
– The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Utah, without regard to principles of conflicts of laws, shall govern all other matters relating to or arising from the Agreement and the Plunder Design business.
– The arbitration hearing shall be held in Utah County, State of Utah unless the parties agree to a different venue.
– The arbitration hearing shall commence no later than 365 days from the date on which the arbitrator is appointed, and shall last no more than five business days.
– The Parties shall be allotted equal time to present their respective cases.
– In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration, subject to the limitations herein. This provision does not apply to Stylists residing in California.
– If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. This provision does not apply to Stylists residing in California.
– If you institute arbitration against Plunder Design, the only arbitration cost you will be required to pay is $250. All other arbitration costs shall be paid by Plunder Design including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services. If Plunder Design initiates arbitration, Plunder Design will be responsible to pay all costs associated with the arbitration.
– An Arbitrator’s Award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.
– The parties, their respective agents and attorneys, and the arbitrator shall maintain the confidentiality of the arbitration proceedings and all evidence associated with the arbitration, and shall not disclose to any third party:
(a) The substance of, facts underlying, or basis for, the controversy, dispute,  or claim.
(b)The substance or content of any settlement offer or settlement discussions or offers associated with the dispute
(c) The pleadings, the content of any pleadings, and exhibits to the pleadings, filed in any arbitration proceeding.
(d) The content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in arbitration.
(e) The terms or amount of any arbitration award.
(f) The rulings of the arbitrator on the procedural and/or substantive issues involved in the case.
– Emergency Relief. Either party may bring an action before JAMS seeking emergency relief to protect its intellectual property rights, including but not limited to protecting its rights pursuant to the non-solicitation provisions of these policies. A claim or cause of action seeking emergency relief shall be brought pursuant to the Emergency Relief Procedures in JAMS Comprehensive Rules and Procedures, available at https://www.jamsadr.com/rules-comprehensivearbitration/#Rule%202, or by contacting the company. The parties agree that any violation of the nonsolicitation policy in Policy 25 shall cause Plunder Design immediate and irreparable harm for which there is no adequate remedy at law, and the injury to Plunder Design shall outweigh the potential injury to Stylist, and therefore Plunder Design shall be entitled to immediate equitable emergency relief and permanent equitable relief to prevent further violations of this policy. The confidentiality obligations and liquidated damage provisions for breach of the confidentiality obligations of this arbitration policy shall apply to all actions seeking emergency and/or equitable relief.
– Disputes Not Subject Arbitration
– Small Claims. You may seek remedies in small claims court for disputes or claims within the scope of its jurisdiction in the jurisdiction in which you reside so long as it is the only forum in which the dispute is pending.
– Action to Enforce Arbitration Award or Order. Either party may bring an action in a court properly vested with jurisdiction to enforce an Arbitration award or order, including but not limited to an order for emergency relief.
– Governing Law, Jurisdiction and Venue. Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Utah County, Utah, or the United States District Court for the District of Utah. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Utah, without regard to principals of conflicts of laws, shall govern all other matters relating to or arising from the Agreement or any other claim between the Parties. Arbitration proceedings shall be held in Utah County, State of Utah unless the parties agree on another forum.
– Class Action Waiver. All disputes arising from or relating to the Agreement, or arising from or relating to the Plunder Design business, shall be brought and proceed on an individual basis. The parties waive their rights to pursue any arbitration or lawsuit against the other party and/or their respective owners, officers, directors and agents, on a class or consolidated basis. You may opt out of this class action waiver if you wish by submitting written notice to the Company of your desire to opt out within 30 days from the date on which you enroll as a Stylist. Submit your written opt-out notice to the Company at 1532 American Way,  Payson, UT 84651. f. Remedies. Remedies available to you under U.S. federal laws, and the state and local laws of your state, shall remain available to you in any arbitration proceeding.
– Liquidated Damages for Breach of the Confidentiality Obligation. If a Party violates its confidentiality obligations under this arbitration policy, the non-breaching party shall incur significant damages to its reputation and goodwill that shall not be readily calculable. Therefore, if a Party, its attorneys or agents breach the confidentiality provisions of this policy, the nonbreaching Party shall be entitled to liquidated damages in the amount of $10,000.00 per violation, and $25,000 per violation if the disclosure is published on the internet, including but not limited to disclosure on any website or on any social media forum. Every disclosure of each allegation, pleading, claim or other prohibited disclosure shall constitute a separate violation. Notwithstanding this confidentiality and liquidated damage provision, nothing herein shall limit the right or ability of a Party to disclose evidence or allegations relating to the dispute to any individual who is, or who may be, a witness to the dispute. The Parties agree that this liquidated damage amount is reasonable and waive all claims and defenses that it constitutes a penalty.
 
56. Damages for Wrongful Termination. In any case which arises from or relates to the wrongful termination of a Stylist’s Agreement and/or independent business, the parties agree that damages will be extremely difficult to ascertain. Therefore, the parties stipulate that if the involuntary termination of a Stylist’s Agreement and/or loss of their independent business is proven and held to be wrongful under any theory of law, Stylist’s sole remedy shall be liquidated damages calculated as follows:
– For Stylists at the “Paid As” rank of Savvy Consultant through Stellar Consultant, liquidated damages shall be in the amount of her gross compensation that he/she earned pursuant to Plunder Design’s Compensation Plan in the six (6) months immediately preceding the termination.
– For Stylists at the “Paid As” rank of 1 Star Peep or 2 Star Peep, liquidated damages shall be in the amount of her gross compensation that he/she earned pursuant to Plunder Design’s Compensation Plan in the eighteen (18) months immediately preceding the termination.
– For Stylists at the “Paid As” rank of 3 Star Peep or higher, liquidated damages shall be in the amount of her gross compensation that he/she earned pursuant to Plunder Design’s Compensation Plan in the twenty-four (24) months immediately preceding the termination. Gross compensation shall include commissions and bonuses earned by the Stylist pursuant to Plunder Design’s Compensation Plan as well as retail profits earned by Stylist for the sale of Plunder Design merchandise. However, retail profits must be substantiated by providing the Company with true and accurate copies of fully and properly completed retail receipts provided by Stylist to customers at the time of the sale. The Parties agree that the foregoing liquidated damage schedule is fair and reasonable. A Stylist’s “Paid As” rank is the rank or title at which they actually qualify to earn compensation under the Plunder Design Compensation Plan during a pay-period. For purposes of this policy, the relevant pay-period to determine a Stylist’s “Paid As” rank is the pay-period during which the Stylist’s business is placed on suspension or terminated, whichever occurs first. The “Paid As” rank differs from the “Title Rank,” which is the highest title or rank that a Stylist has ever achieved under the Plunder Design Compensation Plan.
 
57. Damage Waiver. In any action arising from or relating to the Agreement, the parties waive all claims for incidental and/or consequential damages, even if the other party has been apprised of the likelihood of such damage. The parties further waive all claims to exemplary and punitive damages. Nothing in this policy shall restrict or limit a Party’s right to recover liquidated damages as set forth in these Policies
 
58. Louisiana Residents. Notwithstanding the foregoing, and the arbitration provision set forth above, residents of the State of Louisiana shall be entitled to bring an action against Plunder Design in their home forum and pursuant to Louisiana law.
 
 
 
 
PLUNDER POSSE
The Plunder Posse is a subscription box that offers stylish jewelry once a month that are not available in our catalog. This box typically includes 1-3 pieces. The Plunder Posse is a $25 monthly auto-ship that includes tax and shipping. Your posse subscription will charge to the card on file each month, on the day you initially joined. Charge dates are unable to be altered. Your subscription can be cancelled at any time by logging into the account it was originally purchased from or by contacting customer service. You must cancel your subscription no less than one day prior to the run date. The Posse is available while supplies last. The first initial Posse order is party eligible, reoccurring monthly orders are unable to be added to parties. If your posse order declines and is not handled within 3 business days, your subscription will be canceled. You will receive an auto-responder email notifying you of the initial decline. We will attempt to run your card for 3 business days after the initial decline and if it is unsuccessful, this will initiate an auto cancellation. We highly recommend keeping all your card information up to date within the system. For the Posse subscription you will want to make sure you update the card in the auto-ship section of your account, and not just update the card on file. If your subscription is canceled due to this feature, you will need to sign back up if you wish to continue your subscription. Because the Posse is an exclusive monthly subscription. If an exchange is needed due to jewelry being damaged or defective we will gladly replace it with in 30 days. Due to limited quantities we may not be able to replace with identical item (items), but with an item (items) that is comparable in value.
 
 
RETURN POLICY
We want your experience with Plunder Design to be great! If for any reason you are not satisfied with your Plunder purchase within 30 days, we will be happy to offer a replaement, exchange, or refund.
 
We pride ourselves on keeping our customers happy and encourage you to reach out to your Plunder Design Stylist or our Customer Service department if you have any issues past the 30 day period.
 
Returns: For a refund or exchange, fill out a Plunder Return Form provided by your Stylist and ship it back with the product you want exchanged or returned to Plunder home office within 90 days of purchase.
 
Replacement: For damaged items, send a picture of the item to your Stylist and include: order #, item #, and Stylist #, within 90 days of purchase. Plunder jewelry that has been in your possession longer than 30 days and needs to be returned will be handled on a case-by-case basis. Personalized items are not able to be returned and are non-refundable, with the exception of manufacturing defects. 
 
After 90 days, your Plunderful purchase is officially yours forever. If your Stylist cannot be reached, please contact Customer Service at #801-800-8638.
 
 
 
PARTY HOSTESS REWARDS
Plunder party hostess rewards are a great way to boost your business. Many hostesses decide to host a party simply because the generous rewards they will receive.

In addition to the hostess rewards, each month Plunder includes a free gift for hostesses with their order, simply to say “Thanks for Hosting”. This is typically an extra catalog item. The item is chosen by corporate and will vary by month. In the event that Plunder runs out of stock on that particular piece, Plunder reserves the right to substitute the host free gift as needed at any given time.

A party needs to reach $250 to be considered a qualifying party.

All hostess product credit and half price items are non-commissionable. Any eligible amount that exceeds the rewards may be commissionable. For example: If you have $10 left in product credit and choose an item priced at $20, then the $10 that you paid out of pocket would count towards personal retail volume. Items that exceed the rewards would have to be commissionable items in order to count towards volume.

Hostess rewards are subject to tax and shipping charges.

 

PARTY TIME FRAME

Plunder Design parties are open for 21 days. If a party is not closed and all rewards redeemed prior to the 21st day at 11:55 pm MST, the system will automatically close the party and any rewards will be forfeited. For example: If the party open date is: 4/28/2018 then the close date would be 5/19/2018 at 11:55 pm MST. You will be notified via email 72 hours prior to the party closing to remind you.

Parties are unable to be re-opened and any forfeited rewards are not able to be redeemed. It is very important to close qualifying parties on time.

 

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