Terms & Conditions
1. Policies and Compensation Plan Incorporated into Artist Agreement; Amendments
These Policies and Procedures, in their present form and as amended at the sole discretion of Maskcara Industries Inc (hereafter “Seint” or the “Company”), are incorporated into the Seint Independent Artist Agreement. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the Seint Independent Artist Agreement, the Policies and Procedures, the Seint Compensation Plan, and the Seint Business Entity Addendum (the Business Entity Addendum is only applicable to Artists who enroll as a business entity). Independent Artists shall be referred to herein as “Artists.” 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 here, on the site (https://www.seintofficial.com/en/policies-procedures/). This provision does not apply to the dispute resolution clause contained herein, which can only be modified by way of mutual consent by you and the Company.
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.
3. Becoming a Seint Artist; Rights of an Artist, & Term and Renewal of Your Seint Business
To become a Seint Artist, you must: (i) be the age of majority (and not a minor) in your state of residence; (ii) reside or have a valid address in the United States; (iii) have a valid taxpayer identification number (i.e., Social Security Number, etc.); submit a properly completed Independent Artist Agreement, and purchase a Basic Artist Kit or a Pro Artist Kit at the time of enrollment.
Artists for Seint:
- Have the right to sell, and solicit orders for, Seint products in accordance with these Policies. It is within the exclusive right of Seint to accept or reject orders submitted by Artists;
- Have the right to enroll others as Seint Artists;
- If qualified, have the right to earn commissions pursuant to the Seint Compensation Plan.
The term of this Agreement is month-to-month. It automatically renews for an additional month upon the Artist’s payment of his/her Seint replicated website fee. An Artist’s failure to pay his/her replicated website fee will result in the suspension of his/her Seint business until the fee is paid.
4. Independent Business Relationship
You as a Seint Artist are an independent contractor, and not a purchaser of a franchise or business opportunity. As such, your success entirely depends upon your own independent efforts. Furthermore, this Agreement between you and the Company does not create an employer/employee relationship, agency, partnership, or joint venture between parties. Artists shall not be treated as a Seint employee for federal or state tax purposes. If all unpaid fees are not paid within three (3) months the Artist’s business will be cancelled. An Artist has no express or implied authority to bind the Company to any obligation or to make any commitments by or on behalf of Seint. Each Artist, whether acting as management of a business entity or in the sole capacity as an individual, shall establish his/her own goals, hours, and methods of operation and sale(s), so long as he/she complies with the terms of the Independent Artist Agreement, these Policies, and all applicable state and federal laws.
5. Compliance With the Law
Artists must not engage in any act or omission that constitutes a violation of the law. Furthermore, Artists shall comply with all federal, state and local laws and regulations in conducting their Seint business. Some cities and counties have laws regulating certain home-based businesses. In most instances, these ordinances do not apply to Artists because of the nature of the Seint business. However, you should check your local laws and obey any laws that may apply.
6. General Conduct
Artists shall safeguard and promote the good reputation of Seint and its products, and must avoid all deceptive, misleading, unethical or immoral conduct or practices, and must exhibit high moral character in their personal and professional conduct. Artists 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 Artists must adhere pursuant to this policy, the following standards specifically apply to Artists’ activities:
- Artists must identify themselves as an independent Seint Artist in all advertising, telephone directory listings, promotional material, social media postings, websites, and other forums in which they promote Seint’s products, services and/or the Seint business. Artists are responsible for the content of all material that they produce and all of their postings on any social media site, as well as all posting on any social media site that they own, operate, or control.
- Deceptive conduct is always prohibited. Artists must ensure that their statements are truthful, fair, accurate, and are not misleading in any fashion;
- Artists may 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. Moreover, Artists may not use or actively be under the influence of any controlled substance.
- If an Artist’s Seint business is cancelled for any reason, the Artist must discontinue using the Seint name, and all other Seint intellectual property, and all derivatives of such intellectual property, in postings on all Social Media, websites, or other promotional material.
- Artists may not represent or imply that any state or federal government official, agency, or body has approved or endorses Seint, its program, or products.
- Artists 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.
Please note that Seint will confine its involvement to disputes regarding Seint business-related matters only. The Company will not decide issues that involve personality conflicts or unprofessional conduct by or between Artists outside the context of a Seint Artist business. These issues go beyond the scope of the Company and may not be used to justify a Sponsor change.
7. Social Media
In addition to meeting all other requirements specified in these Policies, should an Artist utilize any form of social media, including but not limited to blogs, Facebook, Twitter, Linkedin, YouTube, or Pinterest, the Artist agrees to each of the following:
- No product sales or enrollments may occur on any social media site. To generate sales, a social media site must link only to the Artist’s Seint replicated website, Seint’s corporate website or an official Seint corporate social media page.
- An Artist agrees to refrain from using Seint or any other company trademarks in social media handles or on their own independent websites. An example would be @MelissaSeintArtist.
- Any social media site that is directly or indirectly operated or controlled by an Artist that is used to discuss or promote Seint’s products, or the Seint opportunity may not link to any website, social media site, or site of any other nature that discusses the business opportunities and/or recruitment of any direct selling company other than the Artist’s Seint replicated website.
- During the term of this Agreement an Artist may not use any social media site on which they discuss or promote, or have discussed or promoted, the Seint business or Seint’s products to directly or indirectly solicit Seint Artists for another direct selling or network marketing program (collectively, “Direct Selling”). In furtherance of this provision, an Artist shall not take any action that may reasonably be foreseen to result in drawing an inquiry from other Artists relating to the Artist’s other Direct Selling business activities.
- An Artist may post or “pin” photographs of Seint products on a social media site, but only photos that are made available or approved by Seint.
- If an Artist creates a business profile page on any social media site that promotes or relates to Seint, its products, or opportunity, the business profile page must relate exclusively to the Artist’s Seint business and Seint products. If the Artist’s Seint business is cancelled for any reason or if the Artist becomes inactive, the Artist must deactivate the business profile page.
8. Online Advertisements
Should Artists choose to pay for online ads (“Online Ads”) (such as Google Ads), such Online Ads must clearly denote it comes from and directly relates to an Independent Artist of Seint and not the Company. The use of any Ad Words including “Seint” alone without the inclusion of the Artist’s name and the title “Seint Independent Artist” is misleading and potentially deceptive. Moreover, the Online Ad cannot include a link to information concerning an Artist’s party. This policy is to ensure fairness across the Seint sales organization so as to allow consumers a clear understanding of who they choose to purchase products from. The Company reserves the right to discipline Artists, including but not limited to a request to immediately deactivate any ad in violation of these guidelines.
9. Artist Created Marketing Methods, Advertising, Events, and Promotional Material (Sales Tools)
Artists must use only Seint approved sales, sales aids, advertising, promotional materials, and marketing methods (collectively “Sales Tools”) when promoting the Seint business or Seint’s products or services. An Artist who develops his/her own sales aids and/or promotional materials, notwithstanding any good intentions, could unintentionally violate any number of statutes or regulations affecting the Seint business. These violations, although relatively few in number, could jeopardize the Seint business and the opportunity for other Artists; therefore, Artists must submit all self-created Sales Tools to the Company for prior written approval before use. An Artist who submits Sales Tools to the Company waives all claims to remuneration for such use and grants Seint an irrevocable license to use the Sales Tools as the Company deems appropriate. Artists shall not sell or attempt to sell unapproved Sales Tools to other Artists. In addition to taking disciplinary action against the offending Artist’s Seint business, any Artist who breaches this policy grants Seint an irrevocable license to use the Sales Tool and/or to make it available to all other Seint Artists free of charge. The offending Artist waives all claims to remuneration for the Company’s use, or any other Artists’ use, of the Sales Tool.
Artists shall not sell goods or services to other Artists nor directly or indirectly assist any third-party to do so. This prohibition includes, but is not limited to, the sale of training courses or materials, marketing systems, lead lists, and tickets to events. If an Artist sells goods or services (or assists a third-party who does so), she shall not charge any fee to, or accept donations from, other Artists for such goods or services. If she inadvertently charges another Artist for any goods or services (or works with a third-party who sells goods or service to Artists), she shall refund the full purchase price plus any incidental fees to any Artist that requests a refund or upon receiving notice from the Company that she must issue a refund to other Artists. The refund must be issued within three business days from the date on which the request or notice is received and the repurchase obligation shall extend for 365 days from the date of sale. If an Artist works with a third-party in violation of the policy, the Artist who assisted the seller shall be obligated to issue the refund referenced in this policy even if the third-party holds the funds.
The ensuing provisions on privacy are to ensure that all Seint Artists and customers understand and adhere to the basic principles of privacy and confidentiality. The Company recognizes and respects the importance of customers and Artists place on the privacy of their financial and personal information (as defined more fully herein). Therefore, the Company will make reasonable efforts to safeguard the privacy of, and maintain the confidentiality of, its customers’ and Artists’ financial and account information and nonpublic personal information. The Company expects you to do the same by acting in accordance with the following privacy guidelines.
Handling Personal Information
As an Artist, you will receive Personal Information from and about perspective Artists, customers and other individuals. Keeping their Personal Information secure not only helps to ensure your compliance with the law, but it also helps you to maintain current customers’ and potential customers’ trust, which is an important factor in your success. personal information is information that identifies, or permits you to contact, an individual. It includes a customer’s, potential customers, or other individual’s name, address, email address, phone number, credit card information, and other information associated with these details, such as purchases (collectively, “Personal Information”). The following are guidelines that every Artist must abide by in the handling of another’s Personal Information.
(A) Collection, Use, and Disclosure of Personal Information
- Give the customer notice. Customers want to know why you are collecting their Personal Information and what you plan to do with it, so tell them what you are collecting, why and with whom you are going to share it. Tell them this before or at the time that you collect their Personal Information, and then be sure that you use and share Personal Information only in the ways you promised.
- Collect only what you need. Collect only the Personal Information that you really need. Review the forms that you use to collect Personal Information, and revise them to remove fields for information you do not need. Less is more. For example, don’t collect a credit or debit card number unless your customer actually makes a purchase.
- Give the customer control. Give customers a choice about how you communicate with them. For instance, find out if a customer wants to receive promotions and other marketing messages from you and, if so, whether he or she would prefer to receive them by email, phone or another method of communication. Respect the customer’s wishes. If, for example, a customer tells you that he or she doesn’t want to receive emails, then find another way to communicate with him or her.
- Stay Up to Date. Keep the customers’ Personal Information up to date. Remind them to let you know if their Personal Information changes. Keeping your contacts current helps you to stay in touch with them.
- Share only if necessary. Don’t share a customer’s Personal Information unless you have a real business reason to do so, and then share only what information is necessary. Make sure that the other person agrees to use the Personal Information only in the ways you have agreed.
- Be careful. A customer’s information is a valuable asset. Don’t communicate it to the general public or to anyone who doesn’t have a legitimate need for it. Protect it from unauthorized access or disclosure.
- Dispose of Personal Information responsibly. When you no longer need a customer’s Personal Information, stop using it. Dispose of it in a way that makes it unreadable, such as by shredding paper documents.
Be very careful with debit and credit card numbers and other sensitive Personal Information. If
sensitive Personal Information falls into the wrong hands, customers could become the victim of fraud or
identity theft. Consider these steps to help reduce that risk:
- Pay attention to your surroundings and use good judgment whenever you need to discuss or transmit sensitive Personal Information;
- Do not share (or ask a customer to share) sensitive Personal Information, including payment information, in an insecure way, such as by email;
- Keep sensitive Personal Information in a secure place, such as a locked drawer. Do not leave it lying around where someone could see or take it;
- Use similar safeguards if you keep sensitive Personal Information on your computer. For example, use passwords that are not easy to guess, install virus protections, and password protect documents that contain sensitive Personal Information;
- Avoid storing Personal Information on your laptop or another portable device that could be lost or stolen, unless the device is encrypted; and
- Unless you have a legitimate business need, do not keep sensitive Personal Information. Keeping it for longer than you need it creates unnecessary risk.
11. Trademarks and Copyrights
The name “Seint” and other names as may be adopted by the Company are proprietary trade names, trademarks and service marks of Seint. The Company grants Artists a limited license to use its trademarks and trade names in promotional media for so long as the Artist’s Agreement is in effect. Upon cancellation of an Artist’s Agreement for any reason, his or her license shall immediately expire and the Artist shall immediately discontinue all use of the Company’s trademarks and trade names. Under no circumstances may an Artist use any of Seint’s trademarks or trade names in any email address, website domain name, social media handle, social media name or address, or in any unapproved Sales Tools.
Seint commonly puts on live and recorded events as well as webinars and telephone conference calls. During these events Company executives, Artists, and guests appear and speak. The content of such events is copyrighted material that is owned exclusively by the Company. Artists may not record any company functions for any reason, whether such event is live, a webinar, via conference call, or delivered through any other medium.
In addition, company produced Sales Tools, videos, audios, podcasts, and printed material is also copyrighted. Artists shall not copy any such materials for their personal or business use without the Company’s prior written approval.
12. Artist Web Sites
Artists may create their own websites to promote their Seint business or Seint’s products and services. However, official Seint supplied replicated websites are the only online forum through which Seint products may be sold and new Seint Artist enrollments may be transacted (prohibited online forums include, but are not limited to, Artists’ external websites, online auctions and classified listings).
Seint reserves the right to rescind approval for any approved external web site, and Artists waive all claims against Seint, its officers, directors, owners, employees, and agents for damages, expenses, costs, or remuneration of any other nature arising from or relating to such rescission.
13. Retail Outlets
Seint’s business model calls for its products to be sold by way of personal relationships and referrals. In an effort to reinforce this method of selling and to help provide a standard of fairness for all Artists, Artists agree that they will not sell Seint products or literature in any retail, wholesale, warehouse, or discount establishment or service related establishment. Notwithstanding the foregoing, Artists may display and sell Seint products at professional trade shows so long as the Artist receives prior written approval from the Company.
14. Change of Sponsor
The only means by which an Artist may legitimately change his/her sponsor is by:
- Voluntarily canceling his/her Seint business in writing and remaining inactive for six (6) full calendar months. Following the six-calendar month period of inactivity, the former Artist may reapply under a new sponsor. The Artist will lose all rights to his/her former downline organization upon his/her cancellation.
15. Waiver of Claims
In cases wherein an Artist improperly changes his/her sponsor, Seint reserves the sole and exclusive right to determine the final disposition of the downline organization that was developed by the Artist in his/her second line of sponsorship. Artists waive any and all claims against Seint its officers directors owners employees and agents that Relate to or arise from Seint’s decision regarding the disposition of any downline organization that develops Below an artist who has improperly changed his/her sponsor.
16. Income and Compensation Claims
When presenting or discussing the Seint opportunity or Compensation Plan to a prospective Artist, Artists may not make income projections, income claims, income testimonials, or disclose their Seint income (including, but not limited to, the showing of checks, copies of checks, bank statements, or tax records), or the income of any other Seint Artist. Nor may Artists make “lifestyle” income claims. A “lifestyle” income claim is a statement or depiction that infers or states that the Artist is able to enjoy a luxurious or successful lifestyle due to the income they earn from their Seint business. Examples of prohibited lifestyle claims include, but are not limited to, representations (either through audio or visual medium) that an Artist was able to quit his/her job, acquire expensive or luxury material possessions, or travel to exotic or expensive destinations.
When presenting or discussing the Seint compensation plan, you must make it clear to prospects that financial success in Seint requires commitment, effort, and sales skill. Conversely, you 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
- All you have to do is buy your products every month
The above are just examples of improper representations about the compensation plan. 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 an Artist without commitment, effort, and sales skill. The Company reserves the right to determine what it considers an inappropriate income or compensation plan claim and discipline the offender accordingly.
17. Product Claims
Claims (which include personal testimonials) as to therapeutic, curative or beneficial properties of any products offered by Seint may not be made except those contained in official Company literature. In particular, no Artist may make any claim that Seint products are useful in the cure, treatment, diagnosis, mitigation or prevention of any diseases. Such statements can be perceived as medical or drug claims. Not only do such claims violate these Policies, but also they potentially violate federal and state laws and regulations, including the federal Food, Drug, and Cosmetic Act and Federal Trade Commission Act.
As an Artist, you should only make product claims as the ones found on Seint product labeling, Company advertisements, or official Company materials. As the FDA makes clear, some products meet the definition of both cosmetics and drugs based upon the product’s intended use(s). Therefore, it’s critical that an Artist describe Seint products as products intended to be applied to the human body for the purpose of cleansing, beautifying, promoting attractiveness, or altering one’s appearance (collectively known as “Statements Concerning Surface Effects”).
18. Media Inquiries; Waiver of Right of Publicity
Artists must not interact with the media regarding the Seint business or products. All inquiries from the media, including radio, television, print, online, or any other medium, shall be directed to Seint’s marketing department.
Artists grant Seint an irrevocable license to reproduce and use their name, photograph, video, personal story, testimonial, and/or likeness in its advertising or promotional materials, including but not limited to use in online forums. Artists waive all claims for remuneration for such use and all rights to inspect or ap-prove all draft, beta, preliminary, and finished material.
Seint Artists are free to participate in other Direct Selling programs or businesses. However, during the term of this Agreement and for one (1) year after termination, with the exception of an Artist’s personally sponsored downline Artists, an Artist may not directly or indirectly Recruit other Seint Artists for any other network marketing business or competitive 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 Seint Artist to enroll or participate in another Direct Selling opportunity or competitive opportunity or business (“Competing Company”). A Competing Company is any company that sells makeup and skincare- related products. Once an Artist achieves the rank of Artist VII (previously Influencer) or above participation in any other Direct Selling programs or competitive businesses is strictly prohibited, both during the Agreement and for one (1) year after termination of said Agreement.
If an Artist is engaged in other non-Seint business or Direct Selling program, it is the responsibility of the Artist to ensure that his or her Seint business is operated entirely separate and apart from all other businesses and/or Direct Selling programs. To this end, the Artist must not:
- Display Seint promotional material, sales aids, or products with or in the same location as, any non-Seint promotional material or sales aids, products or services.
- Offer the Seint opportunity, products or services to prospective or existing customers or Artists in conjunction with any non-Seint program, opportunity or products.
- Offer, discuss, or display any non-Seint opportunity, products, services or opportunity at any Seint-related show, meeting, seminar, convention, webinar, teleconference, or other function.
Seint and Artist agree that any violation of this policy shall constitute unreasonable and unwarranted contractual interference between Artist and Company and cause Seint irreparable harm for which there is no adequate remedy at law. Such injury to Seint shall outweigh the potential injury to Artist, and therefore Seint shall be entitled to emergency and permanent injunctive relief to prevent further violations of this policy.
20. Confidential Information
“Confidential Information” includes, but is not limited to, the identities, contact information, and/or sales information relating to Seint’s Artists and/or customers: (a) that is contained in or derived from any Artists’ respective Back-Office; (b) that is derived from any reports issued by Seint to Artists to assist them in operating and managing their Seint business; and/or (c) to which an Artist would not have access or would not have acquired but for his/her affiliation with Seint. Confidential Information constitutes proprietary business trade secrets belonging exclusively to Seint and is provided to Artists in strict confidence. Confidential Information shall not be directly or indirectly disclosed to any third party nor used for any purpose other than Artist’s use in building and managing his/her Independent Seint business.
Any violation of this policy shall cause Seint irreparable harm for which there is no adequate remedy at law. The parties further agree that the harm to Seint shall outweigh any harm to Artist if injunctive relief is awarded to the Company. Seint shall therefore be entitled to immediate and permanent equitable relief to prevent further violations of this policy.
21. Product Inventory Loading & Bonus Buying Prohibition
The Company strictly prohibits the supply of a product or services to Artists or prospective Artists that are commercially unreasonable. Artists may not carry an inventory of Seint products for resale. All products are direct shipped from the Company to the customer. In addition, bonus buying is strictly prohibited. Bonus buying is 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.
22. Limitations on Artist and Household Businesses
Artists may own, operate, control, or have an interest in, only one Seint business.
23. Actions of Affiliated Parties, Household Members, and Third Parties
The term “Business Entity” shall mean any corporation, partnership, limited liability company, trust or other entity that owns or operates a Seint 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, Seint 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 an Artist engages in conduct that would be a violation of the Agreement, the conduct of the household family member shall be imputed to the Artist.
If a third party acting on behalf of, or with the active or passive assistance or knowledge of an Artist engages in conduct that would be a violation of the Agreement, the conduct of the third-party may be imputed to the Artist. “Knowledge” of misconduct is not limited to actual knowledge. If an Artist engages in acts or omissions that the Artist knows or should know will enable a third party to violate this Agreement if such action was taken by the Artist, the Artist shall be deemed to have knowledge of the violation.
24. Tampering With Product Packaging
Seint products must be sold in their original packaging; Artists shall not alter the original packaging or labeling. Any tampering of product packaging violates federal and state laws and could result in criminal or civil penalties/liabilities.
25. Negative Comments and Harassment
Complaints and concerns about Seint should be directed to the customer Service Department. Artists must not disparage, demean, or make negative remarks to third parties or other Artists about Seint, its owners, officers, directors, management, other Seint Artists, the Marketing and Compensation plan, or Seint’s directors, officers, or employees. Disputes or disagreements between any Artist and Seint shall be resolved through the dispute resolution process, and the Company and Artists agree specifically not to demean, discredit, or criticize one another on the Internet or any other public forum.
Seint is committed to providing Artists with a work environment free from harassment, intimidation, and abuse from other Artists, employees, vendors, and any other individuals in the workplace. At Seint, harassment of any kind will not be tolerated and is strictly prohibited, such as: derogatory or threatening comments, inappropriate sexual behavior including but not limited to unwelcome sexual advances or requests for sexual favors, displaying visual images of a sexual nature, physical or verbal harassment, or violent behavior. Employees are encouraged to report any type of harassment incidents immediately. The Company will not tolerate acts or threats of violence and will investigate all reports. You have a responsibility to act when you are aware of a threat or risk to any of our employees or other Artists.
26. 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. When a product is returned to Seint 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 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 Artists who received bonuses and commissions on the sales of the refunded products.
Seint reserves the right to withhold or reduce any Artist’s compensation as it deems necessary to comply with any garnishment or court order directing Seint to retain, hold, or redirect such compensation to a third party.
27. Return of Merchandise and Sales Aids by Artists Upon Cancellation
Upon cancellation of an Artist’s Agreement, the Artist may return products and Sales Tools that he or she personally purchased from Seint within one year 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 resalable condition (“Resalable Condition” as defined herein). Upon the Company’s receipt of returned goods and confirmation that they are in Resalable Condition, the Artist 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 “Resalable Condition” if they are unopened and unused and packaging and labeling has not been altered or damaged. Any merchandise that is clearly identified at the time of sale as non-returnable, closeout, discontinued, or as a seasonal item, is not in Resalable Condition. Additionally, Back Office and Replicated website fees are not refundable.
In addition, Seint offers a money-back guarantee on products returned within 30 days from the date of sale, less a 10% restocking fee. Products shipped directly to the customer by the Company must be returned to the Company and a refund will be issued to the customer by the Company.
Customers may exchange unused products for up to 30 days from the date of sale by returning the merchandise to the Company with a request for an exchange. The Customer’s credit card will be debited or credited for the balance of any difference in the price of the merchandise, plus additional shipping charges.
This product satisfaction guarantee does not apply to products damaged by abuse or misuse, and shipping costs are not refundable. Artists shall disclose the terms of the return and exchange policy to her customers at the time of sale.
If an Artist returns more than $2,500 for a refund in any twelve (12) consecutive month period, the request will constitute the Artist’s voluntary cancellation of his/her Artist Agreement, and the refund will be processed as an inventory repurchase and the Artist’s Seint business will be cancelled.
As far as an Artist wanting to swap a foundation or shadow color for a new one (“shade swap” exchange), you may do so through the shade swap program. An Artist should just return the product s/he would like to swap and place a new order for the new shade desired. Once we receive your return with the return/exchange form included, we will refund the item. Hostess orders are non-refundable and not available for shade swap.
A Montana resident may cancel his or her Artist Agreement within 15 days from the date of enrollment, and may return his or her Artist Kit and any Sales Tools and products he or she purchased from the Company for a full refund within such time period.
Louisiana, Massachusetts and Wyoming Residents
If you cancel your Artist Agreement, upon receipt of your written request, Seint will refund 90% of the costs you have incurred to participate in the program during the current year.
We will take commercially reasonable efforts to ship your products within the time frame we provided to you at the time of purchase. Please see the tracking information provided with your order confirmation for approximate delivery time frames.
Please note that any time frames we provide are good faith estimates and may be subject to change. Product availability may be limited in some cases and not available for immediate shipment. In that case, products may be delivered in separate shipments depending on availability. For example, if your purchase included two or more items, we may ship those products which are in stock, and later ship the other products to you when they become available. You are always welcome to contact Customer Service if you have questions or need help with your order and we will do our best to help. We will not be liable beyond refunding your purchase price if there is a delay in delivering your product(s). We are not responsible for shipping delays due to factors outside of our reasonable control, such as bad weather, natural disasters, strikes, protests, government disruptions, etc.
Since we are not authorized to sell our products in all jurisdictions, we may reject certain purchases based on the shipping address provided. Please note we reserve the right to set appropriate shipping terms for shipments to certain foreign jurisdictions that are fulfilled from Canadian and U.S. warehouse locations.
29. Disciplinary Sanctions
Violation of the Agreement, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by an Artist that the Company reasonably believes may damage its reputation or goodwill, may result in any of the following: (i) the monitoring of an Artist’s conduct over a specific period of time to assure compliance; (ii) issuance of a written warning or requiring that the offending Artist take immediate corrective action; (iii) the imposition of a fine (which may be imposed immediately or withheld from future commission payments) or the withholding of commission payments outright (“Commission Hold”) until the matter causing the Commission Hold is resolved or until the Company receives adequate assurances from the offending Artist of future compliance; (iv) suspension of an Artist’s Seint business and from Company events, rewards, and recognitions; (v) termination of the Artist’s Seint business; and (vi) any other disciplinary measure that Seint deems appropriate to address the misconduct. In situations deemed appropriate by Seint, the Company may institute legal proceedings for monetary and/or equitable relief.
Artists agree to indemnify Seint for any and all costs, expenses, consumer reimbursements, fines, sanctions, damages, settlements or payments of any other nature that Seint incurs resulting from or relating to any act or omission by Artist that is illegal, fraudulent, deceptive, negligent, unethical, or in violation of the Agreement. Seint may elect to exercise its indemnification rights through withholding any compensation due the Artist. This right of setoff shall not constitute Seint’s exclusive means of recovering or collecting funds due Seint pursuant to its right to indemnification.
31. Effect of Cancellation
An Artist whose business is cancelled for any reason will lose all Artist rights, benefits and privileges. This includes the right to represent yourself as an Independent Seint Artist, to sell Seint 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 Artist and the Artist’s former downline sales organization. Note that there is no whole or partial refund for Artist Kit fees or renewal fees if an Artist’s business is cancelled.
32. Voluntary Cancellation and/or Cancellation Because of Inactivity
A participant in the Seint opportunity 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 Artist’s signature, printed name, address, and Artist I.D. Number. An Artist may also voluntarily cancel his/her Seint business by failing to renew the Agreement on its monthly/annual anniversary date, by withdrawing consent to contract electronically.
If an Artist fails to generate any Personal Retail Volume for twelve (12) consecutive months, his/her Artist Agreement and Seint business will be cancelled for inactivity.
33. Business Transfers; Transfer Upon an Artist’s Death
Artists in good standing who wish to sell or transfer their business must receive Seint’s prior written approval before the business may be transferred. Requests to transfer a business must be submitted in writing to the Compliance Department. It is within Seint’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 Artist must offer Seint the right of first refusal to purchase the business on the same terms as negotiated with a third party. The Company shall have ten (10) days to exercise its right of first refusal.
An Artist may devise his/her business to his/her heirs. Because Seint cannot divide commissions among multiple beneficiaries or transferees, the beneficiaries or transferees must form a business entity (corporation, LLC, partnership, etc.), and Seint 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 Seint 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 Seint Artist Agreement within thirty (30) days from the date on which the business is transferred by the estate to the beneficiary or the business will be cancelled.
34. Business Distribution Upon Divorce.
Seint 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. Seint 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 Seint business must also execute and submit a Seint Artist Agreement within thirty (30) days from the date on which the divorce becomes final or the business will be cancelled.
35. Dissolution of a Business Entity
Seint 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 Seint 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 Seint 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.
36. International Activities
Artists may not sell Seint products in any international market, or conduct business activities of any nature, in any foreign country that the Company has not announced is officially open for business.
37. Dispute Resolution
For claims seeking $10,000.00 or more that arise from or relate to the Agreement, prior to filing as set forth below, the parties shall meet in good faith and attempt to resolve such dispute through confidential non-binding mediation. One individual who is mutually acceptable to the parties shall be appointed as mediator. If the Parties cannot agree on a mediator, the complaining party shall request a mediator be appointed by the American Arbitration Association (“AAA”). The mediation shall occur within sixty (60) days from the date on which the mediator is appointed. The mediator’s fees and costs, as well as the costs of holding and conducting the mediation, shall be divided equally between the parties. Each party shall pay its portion of the anticipated shared fees and costs at least ten (10) days in advance of the mediation. Each party shall pay its own attorney’s fees, costs, and individual expenses associated with conducting and attending the mediation. Mediation shall be held in St. George, Utah and shall last no more than two business days.
Except as otherwise provided in the Agreement, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled through confidential arbitration. The Parties waive rights to trial by jury or to any court. This arbitration provision applies to claims that were not successfully resolved through the foregoing mediation process as well as claims for less than $10,000.00 not subject to the mediation requirement. The arbitration shall be filed with, and administered by, the American Arbitration Association in accordance with the AAA’s Commercial Arbitration Rules and Mediation Procedures, which are available on the AAA’s website at www.adr.org. Copies of the AAA’s Commercial Arbitration Rules and Mediation Procedures will also be emailed to Artists upon request to Seint’s customer Service Department. Notwithstanding the rules of the AAA, 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,
- 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;
- The arbitration shall be brought on an individual basis and not as part of a class or consolidated action.
All arbitration proceedings shall be held in St. George, Utah. There shall be one arbitrator selected from the panel that the AAA provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court to which the Parties have consented to jurisdiction as set forth in the Agreement. This agreement to arbitrate shall survive the cancellation or termination of the Agreement.
The parties, their respective agents and attorneys, and the arbitrator shall maintain the confidentiality of the arbitration proceedings and shall not disclose to any third party:
- The substance of, facts underlying, or basis for, the controversy, dispute, or claim;
- The substance or content of any settlement offer or settlement discussions or offers associated with the dispute;
- The pleadings, the content of any pleadings, and exhibits to the pleadings, filed in any arbitration proceeding;
- The content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in arbitration;
- The terms or amount of any arbitration award;
- The rulings of the arbitrator on the procedural and/or substantive issues involved in the case.
If a Party violates its confidentiality obligations under this arbitration policy, the nonbreaching 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 $25,000.00 per violation. Every disclosure of each allegation, pleading, claim or other prohibited disclosure shall constitute a separate violation. The Parties agree that this liquidated damage amount is reasonable and waive all claims and defenses that it constitutes a penalty.
Nothing in the Agreement shall prevent either party from applying to and obtaining from any court to which the Parties have consented to jurisdiction as set forth in the Agreement a temporary restraining order, preliminary or permanent injunction, or other equitable relief to safeguard and protect its intellectual property rights, trade secrets, and/or confidential information, including but not limited to enforcement of its rights under the Non-solicitation provisions of the Agreement.
38. Liquidated Damages
In any case which arises from or relates to the wrongful termination of an Artist’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 an Artist’s Agreement and/or loss of their independent business is proven and held to be wrongful under any theory of law, Artist’s sole remedy shall be liquidated damages calculated as follows:
- For Artists at the “Paid As” rank Artist I (previously HAC-ER) through Artist III (previously Top HAC-ER), liquidated damages shall be in the amount of his/her gross compensation that he/she earned pursuant to Seint’s Compensation Plan in the twelve (12) months immediately preceding the termination.
- For Artists at the “Paid As” rank Artist IV (previously Artist Ambassador) through Artist VI (previously Top Ambassador), liquidated damages shall be in the amount of his/her gross compensation that he/she earned pursuant to Seint’s Compensation Plan in the eighteen (18) months immediately preceding the termination.
- For Artists at the “Paid As” rank Artist VII (previously Influencer) through Artist X (previously Executive Director), liquidated damages shall be in the amount of his/her gross compensation that he/she earned pursuant to Seint’s Compensation Plan in the twenty-four (24) months immediately preceding the termination.
Gross compensation shall include commissions and bonuses earned by the Artist pursuant to Seint’s Compensation Plan as well as retail profits earned by Artist for the sale of Seint merchandise. However, retail profits derived from the sale of merchandise that an Artist claims to have sold from her inventory must be substantiated by providing the Company with true and accurate copies of fully and properly completed retail receipts provided by Artist to customers at the time of the sale.
The Parties agree that the foregoing liquidated damage schedule is fair and reasonable.
An Artist’s “Paid As” rank is the rank or title at which they actually qualified to earn compensation under the Seint Compensation Plan during a pay-period. For purposes of this Policy, the relevant pay-period to determine an Artist’s “Paid As” rank is the pay-period during which the Artist’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 an Artist has ever achieved under the Seint Compensation Plan.
39. 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.
40. Governing Law, Jurisdiction and Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Washington County, State of Utah. 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.
41. Class Action Waiver
Any action brought by an Artist shall be brought on an individual basis, and not on behalf of a class or on a consolidated basis. Artists waive all rights to bring an action against Seint, its officers, owners, directors, employees and agents as a class or consolidated action.
Notwithstanding the foregoing, and the arbitration provision set forth above, residents of the State of Louisiana shall be entitled to bring an action against Seint in their home forum and pursuant to Louisiana law.
All content included in or available through this site (the “Content”) is provided “as is” and “as available” and without warranties of any kind. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatibility, and noninfringement. We do not warrant that the content is accurate, error free, reliable or correct, that this site will be available at any particular time or location, that any defects or errors will be corrected, or that the site or the servers that make such content available are free of viruses or other harmful components. This site may include technical inaccuracies or typographical errors. You assume the entire cost of all necessary servicing, repair or correction. The Company does not warrant or make any representations regarding the use or the results of the use of any content. You hereby irrevocably waive any claim against the Company with respect to content and any content you provide to third party sites (including credit card and other personal information). The Company may improve or change the products and services described in this site at any time without notice. Seint assumes no responsibility and disclaim all liability, for any errors or omissions in this site or in other documents which are referred to within or linked to this site. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
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