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 web 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.plunderdesign.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: [email protected].
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 affiliate) 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 IDs. 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 sponsor and upline 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, and 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: [email protected].
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 affiliates 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 sales tax calculation services 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 “unsubscribe” 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:
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 settings. 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 (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 transmitting 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 email us at: [email protected].
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: [email protected].
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: 1374 W. American Way, Payson, UT 84651
Office Phone: 877.276.5627
Email: [email protected]
Website: www.plunderdesign.com
• 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 platforms, websites, or other promotional material.
• Stylists may not represent or imply that any state or federal government official, agency, or body has
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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 Com- pany’s reputation or the culture that exists within the field sales force.
• Stylists are responsible for the content of all material that they produce and all of their postings and comments on any social media platform, as well as all postings and comments publicly made on any social media account 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 are sexually explicit, obscene, pornographic, offensive, profane, hateful, threatening, harmful, defam- atory, 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 platform’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.
• Except as specifically provided herein, the page must solely promote the Stylist’s Plunder Design busi- ness and Plunder Design products and may not promote, advertise, or display the products or opportu- nities of any other business. Notwithstanding, a Stylist may promote a party or event for another com- pany 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 or independent contractor for any of the other company products dis- played or promoted at the party or event, c) the Stylist is not the “host” or “hostess” of the party or event, d) sales of the other company or companies products are not promoted at the page, and e) the income or business opportunity offered by the other company or companies is not promoted on 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 Policy 26. 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
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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.
• 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, re- quests 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 message such individuals for personal gain.
Violation of these guidelines may result in the removal or blocking of the offending Stylist from the corpo- rate social media pages. In addition, the Company may elect to suspend the Plunder Design account of the offending Stylist, at the Company’s discretion. Repeated violations of these guidelines may result in the cancellation of the offending Stylist’s Independent Stylist Agreement.
• The Sales Tools MAY NOT contain income claims, representations, or hypotheticals (including life- style income claims), unless the current Plunder Design Income Disclosure Statement is incorporated into the Sales Tool. (See Policy 23).
• 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 adver-
tising). 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 MAY 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 this Agreement 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, em- ployees, 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’ Back-Offices.
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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 of the 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 presen- tations, private messaging, and other private gatherings or events and must be deleted within 24 hours.
Stylists are solely responsible for proper use, care, and maintenance of the LUXE LINX welder. As such, Stylists must ensure that all welding is properly performed, and Stylists are further responsible for any re- welding, should the need arise. Stylists agree to hold Plunder Design harmless to the fullest extent possible for any damage, injury and/or bodily harm that a Stylist may incur as a result of using the LUXE LINX welder, whether said damage, injury, and/or bodily harm is caused by operator error, equipment malfunc- tion, and/or otherwise. In addition, each Stylist agrees to indemnify Plunder Design to the fullest extent possible for any claim or cause of action brought against Plunder Design by any party who is injured by said Stylist’s use of the LUXE LINX welder, whether it be from operator error, equipment malfunction, and/or otherwise.
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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, a Stylist grants to Plunder Design an irrevocable and royalty-free license to exploit the Stylist’s name, voice, likeness, or image.
In addition, Company produced Sales Tools, videos, audios, podcasts, and printed materials are copyrighted materials belonging to Plunder Design. Stylists shall not copy any such materials for their personal or busi- ness use without the Company’s prior written approval.
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 46 below.
With respect to Stylist-created websites and blogs, a Stylist may use only ONE such website and/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 23).
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• 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, por- nographic, offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or dis- criminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical dis- ability, 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 do- main name or URL of any such website or blog. (See Policy 13 above).
• The website or blog must contain a link to the Stylist’s Plunder Design replicated website.
• The website or blog must:
• Clearly and conspicuously identify the Stylist who is operating the website;
• Clearly and conspicuously disclose that she/he is a Plunder Design Independent Stylist; and
• Clearly and conspicuously disclose that the site is not Plunder Design’s corporate website.
• “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 permit- ted.
• Upon cancellation of a Stylist’s Plunder Design Agreement for any reason, the former Stylist must immediately disable and/or remove from public view/access his/her personal Plunder Design website or blog from the internet. NOTE: if the former Stylist is using a website or blog that he/she owned or operated prior to becoming a 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.
• The website or blog must exclusively promote Plunder Design’s products and opportunity. No other direct selling or party plan products or opportunities, nor other jewelry products, may be displayed or promoted at the website or blog.
• Google Paid Ads. Stylists MAY NOT use Google paid ads (or other third-party marketing tools designed to ma- nipulate website traffic) in connection with their Plunder Design business, including to attempt to direct users to their Plunder Design replicated websites (www.plunderdesign.com/username). Stylists may use such tools in con- nection with their own businesses, as long as the website does not refer to Plunder Design in any way.
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 this Agreement 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.
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including, but not limited to, eBay, Craigslist, Etsy, Zulilly, Amazon, Alibaba, and other online auctions and classified listings websites.
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 with 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 – 14.
• 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 appli- cation received by the Company as controlling. Notwithstanding, Poaching and Cross Sponsoring are prohibited.
• 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 de- fame other Stylists in an attempt to entice a prospective Stylist to become part of a Stylist’s downline organization.
• 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
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agreement within the preceding six months, within a different line of sponsorship. Stylists shall not demean, discredit, or defame other Stylists in an attempt to entice another Stylist to become part of a Stylist’s downline.
• Recruiting Incentives Prohibited. When recruiting a prospective Stylist, a Stylist may not 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; and
o Purchasing or paying for the prospective Stylists Starter Kit.
• Adherence to Plunder Design Program. When promoting the Plunder Design opportunity to prospec-
tive 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 encour- age 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 pur- chases or payments identified as recommended or required in official Plunder Design literature.
• 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
• 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 Styl- ists as well as the Stylist’s first upline Stylist at the Career Rank of Platinum Manager or higher.
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opportunity to prospective Stylists, a Stylist may not make any 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 dis- cussed.
If the presentation or discussion takes place in-person (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 App.
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:
US - https://www.plunderdesign.com/income-disclosure/
CA - https://www.plunderdesign.com/en_CA/income-disclosure/
For purposes of this policy, the term “Income Claim” includes: (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 in- corporate the IDS into each such Sales Tool.
• 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.
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26 or Policy 29 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 these policies.
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.
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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 transac- tion.
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 Busi- ness 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.
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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.
30 days of receipt of the product(s) for a replacement, exchange, or full refund of the purchase price (less shipping charges).
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After the initial 30 days have passed, the Company will accept the return of Plunder products for replace- ment, 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.
• Issuance of a written warning;
• A requirement that the Stylist to take immediate corrective measures;
• Plunder Design may withhold from a Stylist all or part of the Stylist’s bonuses and commissions during
the period that Plunder Design is investigating any conduct allegedly in violation of the Agreement. If a Stylist’s business is canceled for disciplinary reasons, the Stylist will not be entitled to recover any commissions withheld during the investigation period;
• The removal of one or more downline Stylists from the offending Stylist’s downline organization/team.
• Suspension and/or termination of the offending Stylist’s replicated website and/or Back-Office access;
• Suspension of the individual’s Stylist Agreement and independent Plunder Design business for one or more pay periods (without pay);
• Involuntary termination of the offender’s Stylist Agreement; or
• Any other measure expressly allowed within any provision of the Agreement or which Plunder Design deems appropriate to address the misconduct or appropriate to equitably resolve injuries caused par- tially or exclusively by the Stylist’s policy violation or contractual breach.
In situations deemed appropriate by Plunder Design, the Company may institute legal proceedings for mon- etary and/or equitable relief.
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incurs resulting from or relating to any act or omission by Stylist that is illegal, fraudulent, deceptive, neg- ligent, 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.
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Stylist to violate the Agreement.
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 busi- ness 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 De- partment. Notwithstanding the rules of JAMS, unless otherwise stipulated by the Parties, the follow- ing 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 Pro- cedure.
• The Parties shall be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of
• 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
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• The arbitration hearing shall commence no later than 365 days from the date on which the arbi- trator 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 confi- dentiality of the arbitration proceedings and all evidence associated with the arbitration, and shall not disclose to any third party:
o The substance of, facts underlying, or basis for, the controversy, dispute, or claim.
o The substance or content of any settlement offer or settlement discussions or offers associated
o The pleadings, the content of any pleadings, and exhibits to the pleadings, filed in any arbi- tration proceeding.
o The content of any testimony or other evidence presented at an arbitration hearing or ob- tained through discovery in arbitration.
o The terms or amount of any arbitration award.
o The rulings of the arbitrator on the procedural and/or substantive issues involved in the case.
b. 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-solicita- tion 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-comprehensive-arbitration/#Rule%202, or by contacting the company. The parties agree that any violation of Policy 26 (Nonsolicitation) or Policy 29 (Confidentiality) 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 vio- lations 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.
c. 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
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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.
d. Governing Law, Jurisdiction and Venue. Jurisdiction and venue of any matter not subject to arbitra- tion 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.
e. 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 1374 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.
g. Liquidated Damages for Breach of the Confidentiality Obligation. If a Party violates its confiden- tiality 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 non-breaching 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 vio- lation. 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.
• For Stylists at the “Paid As” rank of Stylist through Gold Manager, 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 Platinum Manager though Platinum Leader, liquidated damages shall be in the amount of her gross compensation that he/she earned pursuant to Plunder Design’s Com- pensation Plan in the eighteen (18) months immediately preceding the termination.
• For Stylists at the “Paid As” rank of Silver Director 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.
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Gross compensation shall include commissions and bonuses earned by the Stylist pursuant to Plunder De- sign’s Compensation Plan as well as retail profits earned by Stylist for the sale of Plunder Design merchan- dise. 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 “Career Rank,” which is the highest title or rank that a Stylist has achieved in the last 6 months under the Plunder Design Com- pensation Plan.
a. Leader Compensation – Group Generation and Infinity Bonuses. Leader Compensation (Group Generation and Infinity Bonuses) are reserved for Stylists who (i) qualify to be compensated at or above the level of Silver Leader; (ii) agree to abide by these Leader Responsibilities; AND (iii) are actively working their Plunder Design business. Simply achieving or exceeding the level of Silver Leader does not entitle a Stylist to Leader Compensation. Stylists who would otherwise qualify for Leader Com- pensation but fail to meet any of the foregoing criteria shall not be eligible for Group Generation or Infinity Bonuses until such requirements are met.
b. Professionalism. Leaders set the pace. Leaders set the tone. While all Stylists are expected to act professionally, Leaders and are held to a higher standard. Leaders must approach any issues with other Stylists or Leaders in a positive and solution-oriented manner. For example, Leaders are expected to directly contact their nearest upline Leader or a member of the Plunder Design corporate team when a serious issue is identified, and to refrain from making negative or disparaging remarks, both publicly or privately, to or about other Plunder Stylists, owners, employees, or products.
c. Leader Teams and Groups. A Leader’s “Group” consists of all Stylists in the Leader’s downline organization. A Leader’s “Team” is a subset of the Group, excluding Group members who (i) have the Career Rank of Platinum Manager or higher (“Platinum+”); or (ii) were enrolled by a Platinum+-level Stylist.
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d. Leader Communications. Leaders are responsible for communicating with, training, and motivating their Teams and other Leaders in their Groups, including through phone calls, email, text messaging, private messaging, group messages, team pages, and social media groups. Leaders must actively and positively participate in the Plunder Leadership Group Pages and attend monthly leadership trainings to stay informed and support the larger leadership groups and their Teams, and must respond in a timely manner to any communication from the Plunder Design corporate team.
Leaders must respect and observe the following rules regarding communication with Stylists who are not members of their Team:
(i) A Leader may not initiate communication, directly or indirectly, with any Stylist who is not on the Leader’s Team, unless given express permission by another Leader (preferably in writing) to com- municate with one or more Stylists on that Leader’s Team.
(ii) If a Leader is notified by another Leader that the Leader’s Plunder-related communications (e.g., email lists, team pages, social media groups, etc.) are being sent to members of another Leader’s Team, the Leader must immediately remove such Stylists from such communications methods. A Leader must initiate such a request by email to Plunder’s Compliance Department at compli- [email protected], and Compliance will facilitate this process. All such communications must be made in a positive and productive manner intended to benefit the Stylists involved.
(iii) Leaders may join forces to establish communications with other Leaders’ Teams only if all Leaders involved expressly agree to such an arrangement. If a Leader wishes to withdraw from such an arrangement, the other Leader(s) involved must immediately remove from any shared group pages (using the Compliance Department communication procedure in subsection (ii) above) and cease all communications with the withdrawing Leader’s Team.
e. Training and Mentoring. Leaders must hold regular Team trainings, either in person or through a digital platform. Leaders must be available to their Teams and respond to Team-member requests and questions. Leaders must train other Leaders in their Groups to properly manage and motivate their Teams.
f. Privy Information. Leaders frequently receive Plunder information that is either confidential or has not yet been made available to all Stylists (“Privy Information”). Privy Information includes, but is not limited to, nonpublic information involving upcoming events, customer promotions, Stylist incentives, policy changes, compensation plan enhancements, etc. Leaders must not disclose or discuss Privy In- formation with any person or entity until Plunder Design makes an official announcement revealing such information to all Stylists. Plunder reserves the right to require Leaders to sign a non-disclosure agree- ment prior to the disclosure of certain sensitive confidential information.
g. Participation with Other Direct Sales Companies. Leaders at or above the Career Rank of Silver Director are not permitted to participate in, receive compensation from, or build another direct sales business. However, Leaders may host parties involving another direct sales company if the Leader is not a representative for that company, and may purchase products from another direct sales company for personal use.
h. Policies and Procedures. Leaders must ensure that they understand and remain up-to-date on Plun- der’s Policies and Procedures, and must contact Plunder for clarification should any Policy herein cause confusion. Leaders must help Plunder identify and resolve any potential violations involving the Leader or the Leader’s Team with a positive and professional approach, including by helping their
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Team understand any Policy and how the Policy helps protect the integrity of the Plunder opportunity.
i. Leader Non-Compliance. In the event Plunder’s compliance team notifies a Leader of any suspected non-compliance with these Leader Responsibilities, the Leader will have 7 days from such notice to respond with documentation demonstrating compliance. Failure to respond and/or demonstrate com- pliance shall constitute a Violation under this Agreement, permitting Plunder to utilize any disciplinary measures described in Policy 44, and will result in the suspension of the Leader’s Leadership Paid-As and Career ranks as follows: the Leader’s Paid-As rank will not exceed Platinum Manager and their Career Rank will not exceed Gold Manager until the Leader provides Plunder with evidence demon- strating the Leader’s compliance with the Leader Responsibilities for a minimum of 60 consecutive days. Plunder reserves the right to determine whether the alleged evidence is adequate to substantiate compliance.
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