Policies and Procedures | Table of Contents
Section 1: Introduction
1.1 Policies and Compensation Plan Incorporated into Beauty Partner Agreement, Amendments
1.2 Purposes of Policies and Procedures
1.3 Policies and Provisions Severable
1.4 Disciplinary Measure
Section 2: Becoming a Beauty Partner
2.1 Requirements to Become a Beauty Partner
2.2 Business Kits and Product Purchases
2.3 Independent Contractor Status
2.4 Income Taxes
2.5 Beauty Partner Benefits
2.6 Operating a NEXXT Beauty Business
2.7 One NEXXT Beauty Business per Beauty Partner and per Household
2.8 Change of Sponsor
2.9 Cross Sponsoring
2.10 Non-Renewal and Voluntary Cancellation
Section 3: Buying and Selling Product
3.1 Repackaging and Relabeling
3.2 Inventory Loading
3.3 Sales Receipts
3.4 Independent Websites
3.5 Unauthorized Resellers
3.6 International Activities
3.7 Return of Inventory and Sales Aids by Beauty Partner s Upon Cancellation
3.8 Refunds, Returns and Cancellation
3.9 Montana Residents
3.10 Adjustments to Bonuses and Commissions
3.11 Roll Up
Section 4: Advertising and Beauty Partner Activities
4.1 General Conduct
4.2 Bonus Buying and Compensation Plan Manipulation
4.3 Advertising
4.4 Product Claims
4.5 Income Claims
4.6 Compensation Plan Claims
4.7 Testimonials and “Before and After” Photos
4.8 Social Media
4.9 Social Media Monitoring
4.10 Tradeshow, Fairs and Expositions
4.11 Media Inquiries
4.12 Television and Radio Advertising
4.13 Trademarks and Copyrights
4.14 Commitment to NEXXT Beauty
4.15 Non-Solicitation
4.16 Confidential Information
4.17 Privacy and Handling Personal Information
Section 5: Sales and Transfer
5.1 Sale and Transfer of a NEXXT Business
5.2 Transfers Upon a Beauty Partner’s Death
5.3 Business Distribution Upon Divorce
5.4 Recognition Non-Transferrable
Section 6: Dispute Resolution
6.1 Disciplinary action
6.2 Indemnification
6.3 Reporting Errors
NEXXT Beauty- United States
Effective Date: March 1st, 2023
Section 1: Introduction
1.1 Policies and Compensation Plan Incorporated into Beauty Partner Agreement, Amendments 1.3 Policies and Provisions Severable
1.4 Disciplinary Measure
The Policies and Procedures, in their present form and as amended at the sole discretion of NEXXT Beauty (“NEXXT Beauty” or the “Company”) are incorporated with the NEXXT Beauty, Beauty Partner Application and Agreement. Throughout these Policies and Procedures, when the term “Agreement” is used, it collectively refers to the NEXXT Beauty Application and Agreement, these Policies and Procedures, and the NEXXT Beauty Compensation Plan. Beauty Partners have the responsibility to read, understand and ensure they are operating under the current version of these Policies and Procedures. 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. Beauty Partners will be notified of the amendments via their NEXXT Beauty Back Office, via email, and/or U.S. mail. Amended policies shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. A Beauty Partner may cancel his/her NEXXT Beauty business at any time and for any reason.
1.2 Purposes of Policies and Procedures
NEXXT Beauty, Beauty Partners are required to comply with all the Policies and Procedures. Please note NEXXT Beauty may amend from time to time, at its sole discretion, as well as all federal, state and local laws governing their NEXXT Beauty business and their conduct. Please review the information in these Policies and Procedures carefully as they explain and govern your relationship, as an independent contractor, with the Company. If you have any questions regarding any policy, reach out to your Sponsor or to NEXXT Beauty Customer Care.
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 terms and provisions shall remain in full force and effect. The severed provision, or portion thereof, shall be reformed so that it is in compliance with the law and reflects the purpose of the original provision as closely as possible. The existence of any claim or cause of action of a Beauty Partner against NEXXT Beauty shall not constitute a defense to NEXXT Beauty’s enforcement of any term or provision of the Agreement.
Violation of the Agreement, any illegal, deceitful, or unethical business conduct, or any act or omission by the Beauty Partner that the Company reasonably believes may damage its reputation, may result in the suspension or termination of the Beauty Partner’s NEXXT Beauty business, and/or any other disciplinary measure that NEXXT Beauty deems appropriate to address the misconduct. In situations deemed appropriate by NEXXT Beauty, the Company may institute legal proceedings for monetary and/or equitable relief.
Section 2: Becoming a Beauty Partner
2.1 Requirements to Become a Beauty Partner
To be a Beauty Partner you must:
- Be at least 18 years of age.
- Reside in the United States, or any country that NEXXT Beauty has officially announced as open for business.
- Complete and submit a Beauty Partner Application to NEXXT Beauty
- Purchase a NEXXT Beauty Starter Kit
- Provide NEXXT Beauty with the following valid information: o Social Security or Federal Tax ID number associated with legal name. If a Beauty Partner fails to properly provide a Social Security Number or Federal Tax Identification Number to NEXXT Beauty, NEXXT Beauty will deduct 24% from the Beauty Partner ’s commissions checks as required by law.
- o Physical address not associated with any other NEXXT Beauty account.
- o Unique email address not associated with any other NEXXT Beauty account.
- o Unique credit card not associated with any other NEXXT Beauty account.
- Not be a current employee, officer or director of NEXXT Beauty.
- Be authorized to run a business in the United States or any country that NEXXT Beauty has officially announced is open for business.
2.2 Business Kits and Product Purchases
Besides the purchase of a NEXXT Beauty Kit there is no requirement to purchase any sales or training materials to become a Beauty Partner.
2.3 Independent Contractor Status
Beauty Partners are self-employed independent contractors and are not purchasers of a franchise or business opportunity. The agreement between NEXXT Beauty and its Beauty Partners does not create an employer/ employee relationship, agency, partnership, or joint venture between the Company and the Beauty Partner. All Beauty Partners are responsible for paying their own taxes and business expenses.
2.4 Income Taxes
Beauty Partners are responsible for paying local, state and federal taxes on any income generated as an Independent Beauty Partner. If a Beauty Partner’s NEXXT Beauty business is tax exempt, the Federal tax identification number must be provided to NEXXT Beauty. Every year, NEXXT Beauty will provide an IRS form 1099 NEC (Non-employee Compensation) earnings statement to each U.S. resident who had earnings, received trips, prizes or awards, in any combination valued at $600 or more in the previous calendar year. NEXXT Beauty will not provide Beauty Partners with any personal tax advice.
2.5 Beauty Partner Benefits
Once a Beauty Partner Application has been accepted by NEXXT Beauty, the benefits of the Compensation Plan are available to the new Beauty Partner. These benefits include the right to:
- Sell NEXXT Beauty products and profit from these sales.
- Receive retail rebates/commissions on retail purchases.
- Participate in the NEXXT Beauty Compensation Plan (receive bonuses and commissions, if eligible).
- Sponsor other individuals as Beauty Partners into the NEXXT Beauty business and build an organization and progress through the NEXXT Beauty Compensation Plan.
- Participate in NEEXT Beauty sponsored events such as trainings, motivation and recognition functions (upon qualification and payment of appropriate charges, if applicable).
2.6 Operating a NEXXT Beauty Business
Beauty Partners must adhere to the terms of the NEXXT Beauty Marketing Plan. Beauty Partners shall not offer the NEXXT Beauty opportunity through, or in combination with, any other system, program, sales tool, or method of marketing other than that specifically set forth in official NEXXT Beauty literature. Beauty Partners shall not require or encourage other current or prospective Beauty Partners to execute any agreement or contract other than official NEXXT Beauty agreements and contracts to become a NEXXT Beauty, Beauty Partner. Additionally, Beauty Partners shall not require or encourage other current or prospective Beauty Partners to make any purchase from, or payment to any individual or other entity to participate in the NEXXT Beauty Compensation Plan other than those purchases or payments identified as recommended or required in official NEXXT Beauty literature.
2.7 One NEXXT Beauty Business per Beauty Partner and per Household
A Beauty Partner may own, operate, control, or have an interest in only one NEXXT Beauty business, and there may be only one NEXXT Beauty business in a household. A “Household” is defined as all individuals who are living at or doing business at the same address, and who are related by blood, marriage, domestic partnership, or adoption, or who are living together as a family unit or in a family-like setting.
Husbands and wives, domestic partnerships, or common-law couples (collectively referred to herein as “spouses”) who wish to become NEXXT Beauty, Beauty Partners must be jointly sponsored as one NEXXT Beauty business.
An exception to the one business per Beauty Partner /Household rule will be considered on a case-by-case basis if two Beauty Partners get married or move in together, or in cases of a Beauty Partner receiving an interest in another business through inheritance. Requests for exceptions to policy must be consulted with Customer Service Department via phone call or email. Additionally, a ticket can be submitted via the Backoffice Customer Service Tab.
2.8 Change of Sponsor
NEXXT Beauty strongly discourages changes in sponsorship. The only means by which a Beauty Partner may change their sponsor is by voluntarily canceling their NEXXT Beauty business by submitting a ticket via the Backoffice Customer Service Tab and remaining inactive (i.e., no purchases of NEXXT Beauty products for resale, no sales of NEXXT Beauty products, no sponsoring, no attendance at any NEXXT Beauty functions, and no participation in any other form of Beauty Partner activity, or operation of any other NEXXT Beauty business) for twelve (12) full calendar months from the date the cancellation is processed by the Company. Following the 12-calendar month period of inactivity, the former Beauty Partner may reapply under a new sponsor. The Beauty Partner will lose all rights to their former downline organization upon their cancellation.
If a Beauty Partner improperly changes their sponsor NEXXT Beauty reserves the sole and exclusive right to determine the final disposition of the downline organization that was developed by the Beauty Partner in their second line of sponsorship.
2.9 Cross Sponsoring
Cross-sponsoring is strictly prohibited. “Cross-sponsoring” or “Poaching” is defined as the enrollment of an individual or entity that already has a current Beauty Partner Agreement with NEXXT Beauty or who has had such an agreement within the preceding twelve calendar months, within a different line of sponsorship. NEXXT Beauty may take disciplinary action against the Beauty Partner that changed organizations and/ or those Beauty Partners who encouraged or participated in the Cross-Sponsoring. NEXXT Beauty may also move all or part of the offending Beauty Partner’s Marketing Organization to the original line of sponsorship.
2.10 Non-Renewal and Voluntary Cancellation
A Beauty Partner has the right to voluntarily cancel the Beauty Partner Agreement at any time, regardless of reason. Cancellations must be submitted by opening a ticket through the Backoffice Customer Service Tab. The notice must include the Beauty Partners ID number. A Beauty Partner whose business is cancelled for any reason will lose all Beauty Partner rights, benefits and privileges including commissions, bonuses, or other income resulting from their own sales and the sales and other activities of the Beauty Partner s and former downline sales organization.
Section 3: Buying and Selling Product
3.1 Repackaging and Relabeling
NEXXT Beauty products must be sold in their original packaging. Beauty Partne s may not repackage or relabel NEXXT Beauty products. In addition, Beauty Partners may not alter, separate, or mix the contents of any products. Tampering with labels and packaging could be a violation of federal and state laws and may result in civil or criminal liability.
3.2 Inventory Loading
Beauty Partners must never purchase more products than they can reasonably use or sell to Customers in a month. Beauty Partners certify with each new product order that they have sold or consumed a minimum of 70% of all products purchased in prior orders. NEXXT Beauty reserves the right to verify resale of product inventory and inspect documentation of Customer sales. NEXXT Beauty, Beauty Partners are not required to carry an inventory of products or sales aids.
3.3 Sales Receipts
Records documenting online purchases made by Customers will be maintained by NEXXT Beauty.
3.4 Independent Websites
A Beauty Partner may not create their own website to promote (directly or indirectly) NEXXT Beauty products or the NEXXT Beauty opportunity. A Beauty Partner shall not use “blind” ads on the Internet that make product or income claims which are associated with NEXXT Beauty products, the opportunity, or the Compensation Plan. The use of any other Internet website or web page (including without limitation auction sites such as eBay) to promote the sale of NEXXT Beauty products, the opportunity, or the Compensation Plan is an infringement of these Policies and Procedures and may result in a disciplinary sanction.
3.5 Unauthorized Resellers
NEXXT Beauty prohibits the listing or selling of NEXXT Beauty products on auction or classified sites such as Amazon, eBay, iOffer, Facebook Groups, Walmart.com and other buy/trade/swap pages or social media platforms. The retailing of any NEXXT Beauty products through these avenues will result in sanctions up to and including the suspension or termination of your NEXXT Beauty account.
3.6 International Activities
Because of critical legal and tax considerations, Beauty Partners may not sell NEXXT Beauty 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.
3.7 Return of Inventory and Sales Aids by Beauty Partners Upon Cancellation
Upon cancellation of a Beauty Partner Agreement, the Beauty Partner may return any products and Sales Aids they may have in their inventory for a refund. In order to receive a refund, the following must be met:
1. The items being returned must have been personally purchased by the Beauty Partner from NEXXT Beauty (Purchases from other Beauty Partners or third parties are not subject to refund).
2. The items must be in marketable condition (see Definition of “marketable condition” below); and
3. The items must have been purchased from NEXXT Beauty 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)
The Beauty Partner will be reimbursed 40% of the net cost of the original purchase price. Shipping charges incurred by a Beauty Partner when the items were purchased, and return shipping fees, will not be refunded. If the purchases were made through a credit card, the refund will be credited back to the same account. If a Beauty Partner was paid a bonus or commission based on a product that they purchased, and such product is subsequently returned for a refund, the bonus and/or commission that was paid to the Beauty Partner based on that product purchase will be deducted from the amount of the refund.
Goods are in “currently marketable condition” if they are unopened and unused and packaging and labeling has not been altered or damaged. Merchandise that is clearly identified at the time of sale as nonreturnable, closeout, discontinued, or as a seasonal item, or which has passed it commercially reasonable usable or shelf life, is not in currently marketable condition. The inventory must be returned within 30 days from the date of cancellation.
3.8 Refunds, Returns and Cancellation
Customer satisfaction has been the priority at NEXXT Beauty. We stand behind every product and will gladly give the customer a full refund with their return within 45 days. After 45 days, returned products will not be refunded.
Please note that ‘Good Buys’ or other items marked as final sale cannot be returned. Items within an order that fall under this category will be listed under the ‘Non-Returnable’ Section.
If the customers return is due to a NEXXT Beauty error, we will refund the shipping costs for the return. We are unable to offer exchanges or issue merchandise credits. Free gifts may not be returned for exchange or credit. Returns are processed on a per-order basis. A Return Merchandise Authorization (RMA) is required for each return so we can be sure all items are reconciled properly, therefore you cannot return items across multiple orders in one RMA.
To initiate and process a return open a ticket via the Backoffice Customer Service Tab and follow the below steps:
1. Customers: On NexxtBeautyus.com once you’ve signed in, in the pull-down menu under your name,
select “Order History.” Locate the order the item(s) were in, then click “Start a Return.”
Guests: If you placed your order as a Guest (you did not sign into an account), under “Support” at the
bottom of the website, click on “Track My Orders” and enter your Order Number and email address. Click
“Track My Order” then “Start a Return.”
2. On NexxtBeautyus.com once you’ve signed in, in the pull-down menu under your name, select “Order
history,” then locate the order the item(s) were in. To start the return process, click on “Start a Return”.
3. Once you’ve located the item within the order, select the reason code and quantity, then click
“Continue.'”
4. After selecting the product(s), a summary page will reflect:
• Credit will be applied to card used with order
• Products to be returned
• Refund subtotal + tax
• Estimated credit
• Save for later (not ready now to submit)
• Submit return
5. Upon submission of the return, a Return Merchandise Authorization (RMA) is assigned and the status
shows “Processing”.
6. Click "Print Packing List" to proceed.
7. Package the items in a box larger than a shoe box (preferably an NEXXT box).
8. Enclose RMA paperwork for each item. Do not add any items in the return package that have not been
assigned to an RMA as they will not be credited nor returned.
9. Make sure that the package is taped securely to avoid opening during shipment.
10. Take the package to the carrier of your choice (UPS, USPS, etc.) and be sure to obtain tracking
information for your package.
11. Send the return package to:
12. Once the package is received at our facility, the refund will be processed within two weeks. Allow up
to two billing cycles for your credit amount to appear on the monthly statement of your payment
method.
For returns questions, contact us by email or give us a call at (866) 434-3339
Missing Orders: If you did not receive your order, call the Care Center at (866) 434-3339
3.9 Montana Residents
Montana residents may cancel their Beauty Partner Agreement within 15 days of the date of enrollment and may return the Beauty Kit for a full refund.
3.10 Adjustments to Bonuses and Commissions
Beauty Partners receive bonuses and commissions based on the actual sales of products to end consumers. When a product is returned to NEXXT Beauty for a refund or is repurchased by the Company, the bonuses and commissions attributed to this returned or repurchased product(s) will be deducted, in the month in which the refund is given, and continuing every pay period thereafter until the bonuses and commissions are recovered, from the Beauty Partners who received bonuses and commissions on the sales of the refunded products. In the event that any such Beauty Partner terminates their Beauty
Partner Agreement, and the amounts of the bonuses and commissions attributable to the returned products have not yet been fully recovered by the Company, the remainder of the outstanding balance may be set off against any amounts owed to the terminated Beauty Partner . Additionally, NEXXT Beauty reserves the right to withhold or reduce any Beauty Partners compensation as it deems necessary to comply with any garnishment or court order directing NEXXT Beauty to retain, hold, or redirect such compensation to a third party.
3.11 Roll Up
When a vacancy occurs in an organization due to the termination of a NEXXT Beauty, Beauty Partner’s Agreement, each Beauty Partner in the first level immediately below the terminated Beauty Partner on the date of the cancellation will be moved to the first level (“front line”) of the terminated Beauty Partner’s sponsor.
Section 4: Advertising and Beauty Partner Activities
4.1 General Conduct
Beauty Partners shall safeguard the good reputation of NEXXT Beauty and its products. Beauty Partners must not engage in illegal, deceptive, misleading, or practices unethical conduct that may damage the Company’s goodwill or reputation. The following list is not a limitation on the standards of conduct to which Beauty Partner must adhere pursuant to this policy, the following standards specifically apply to Beauty Partner activities:
• All claims and representations, including but not limited to personal testimonials, stories, and histories, must be truthful, factual and not misleading.
• Deceptive conduct is prohibited; Beauty Partners must ensure that their statements are truthful, fair, accurate, and are not misleading.
• If a Beauty Partners business is cancelled, the Beauty Partner must discontinue using the NEXXT Beauty and all other intellectual property, in postings on all social media, websites or other promotional material.
• Beauty Partners may not represent or imply that any state or federal government official, agency, or body has approved or endorses NEXXT Beauty, the program or products; and
• Beauty Partners must not engage in any illegal, fraudulent, deceptive, or manipulative conduct during 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.
4.2 Bonus Buying and Compensation Plan Manipulation
Bonus buying is strictly prohibited. “Bonus buying” includes:
• The enrollment of individuals or entities without the knowledge, or execution of an Independent Beauty Partner Application and Agreement by such individuals or entities.
• “Stacking” which is the specific placement of an individual under a person within one’s downline, other than the person who introduced them to NEXXT Beauty, in order to qualify yourself or others for rank advancements, incentives, commissions or bonuses.
• The enrollment or attempted enrollment of nonexistent individuals or entities as Beauty Partners
• Purchasing NEXXT Beauty products on behalf of another Beauty Partner or under another Beauty Partner’s I.D. number, to qualify for commissions or bonuses.
• Purchasing excessive amounts of merchandise for any reason other than bona fide resale or use, or any mechanism or artifice to qualify for rank advancement or maintenance, incentives, prizes, commissions or bonuses that are not driven by bona fide product purchases by end user consumers for actual use. A Beauty Partner shall not encourage or incentivize a downline Beauty Partners to place orders, or purchase merchandise as a strategy for the upline to benefit under the Compensation Plan.
4.3 Advertising
All Beauty Partners shall promote the good reputation of NEXXT Beauty and its products. The marketing and promotion of NEXXT Beauty, the opportunity, the Compensation Plan, and products shall be consistent with the public interest, and must avoid, deceptive, misleading, or unethical practices. In effort to promote both the products and the business opportunity Beauty Partners must use the sales aids and support materials produced by NEXXT Beauty. NEXXT Beauty has created its products, product labels, Compensation Plan, and promotional materials to ensure that each aspect of NEXXT Beauty is, truthful and complies with legal requirements of federal and state laws. Beauty Partners must not produce their own literature, advertisements, sales aids, business tools, promotional materials, or Internet web pages.
4.4 Product Claims
No claims (which include personal testimonials) as to therapeutic, curative, or diagnostic properties of any products offered by NEXXT Beauty may be made except those specific claims contained in official NEXXT Beauty literature. In particular, no Beauty Partner may make any claim that NEXXT Beauty products are useful to diagnose, treat, cure or prevent any illness, injury or other medical condition. Such statements can be perceived as medical or drug claims. Not only do such claims violate NEXXT Beauty policies, but they potentially violate federal and state laws and regulations, including the Federal Food, Drug, and Cosmetic Act and the Federal Trade Commission Act.
4.5 Income Claims
Beauty Partners, when presenting or discussing the NEXXT Beauty opportunity or Compensation Plan to a prospective Beauty Partner, may not make express or implied income projections, income claims, income expectations, income testimonials, or disclose their NEXXT Beauty income or the income of any other NEXXT Beauty, Beauty Partner until such time as the Company publishes an Income Disclosure Statement.
A Beauty Partner shall not make “lifestyle” income claims, until such time as the Company publishes an Income Disclosure Statement. A “lifestyle” income claim is a statement or depiction that infers or states
that the Beauty Partner is able to enjoy a luxurious or successful lifestyle due to the income they earn from their NEXXT Beauty business.
Beauty Partne s are required to explain that actual earnings and sales vary from person to person depending on factors including personal skill and the time and effort dedicated to business building activities.
The Federal Trade Commission and several states have laws or regulations that prohibit certain types of income claims and testimonials made by persons engaged in direct selling.
4.6 Compensation Plan Claims
When presenting or discussing the NEXXT Beauty Compensation Plan, Beauty Partners must make it clear to prospective Beauty Partners that financial success with NEXXT Beauty requires commitment, effort, and sales skill.
You must never represent that one can be successful without diligently applying themselves. Examples of misrepresentations in this area include:
- It’s a turnkey system.
- The system will do the work for you.
- It’s a numbers game. Just talk to enough people and you’ll advance within the plan.
- Just join and I will build your downline for you.
- The company does all the work for you.
- You don’t have to sell anything.
- All you must do is buy your products every month.
4.7 Testimonials and “Before and After” Photos
All testimonials and “before and after” photos must be truthful and consistent with current NEXXT Beauty product claims. To post “before and after” photos, Beauty Partner s must do the following:
• Clearly disclose how often, how long and which NEXXT Beauty products were used.
• “Before and After” photos must be taken under the same conditions and touch- ups and photo editing are not permitted.
• Subject must be recognizable as the same person in each photo.
• Beauty Partner s may not use “stock” photos to advertise, sell, or offer to sell NEXXT Beauty Products.
4.8 Social Media
In addition to meeting all other requirements specified in these Policies, should a Beauty Partner utilize any form of social media in connection with their NEXXT Beauty business including but not limited to blogs, forums, Facebook, Twitter, LinkedIn, YouTube, Instagram, Snapchat, Pinterest, or comments posted in any social media platform, the Beauty Partner 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 Beauty Partner s Replicated Website. Beauty Partners may add their Linktree to their social media account.
• It is each Beauty Partner’s responsibility to follow the applicable social media site’s terms of use and any user-generated content guidelines or policies.
• If a Beauty Partner creates a business profile page on any social media site that promotes or relates to NEXXT Beauty, its products, or opportunity, the business profile page must relate exclusively to the Beauty Partner’s NEXXT Beauty business and NEXXT Beaty products. If the Beauty Partner’s NEXXT Beauty business is canceled for any reason or if the Beauty Partner becomes inactive, the Beauty Partner must deactivate the business profile page.
• Beauty Partners shall not make any social media postings, or link to or from any postings or other material that is sexually explicit, offensive, profane, hateful, threatening, defamatory, harassing, 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.
• A Beauty Partner may post or “pin” photographs that feature NEXXT Beauty products on a social media site, but only in accordance with the guidelines issued by the Company. If a Beauty Partner uses a social media page to promote the NEXXT Beauty products or business, this same page may not promote or advertise the products or opportunity of any other network marketing business.
4.9 Social Media Monitoring
To ensure adherence to NEXXT Beauty Social Media policy as well as other NEXXT Beauty policies, NEXXT Beauty both manually reviews and may use third party monitoring software to review Beauty Partner social media pages, including but not limited to, posts, reels, stories. This review is done to ensure that Beauty Partner s are making claims that are truthful, substantiated, and approved.
4.10 Tradeshow, Fairs and Expositions
Beauty Partners may display and/or sell NEXXT Beauty products at trade shows and professional expositions. Before submitting a deposit to the event, Beauty Partners must submit a ticket via the Backoffice Customer Service Tab to obtain permission. Approval is given only for the event specified. Any request to participate in future events must be submitted to NEXXT Beauty Home Office. Approval will not be given for swap meets, garage sales, flea markets or farmer’s markets as these events are not conducive to the professional image NEXXT Beauty wishes to portray.
4.11 Media Inquiries
Beauty Partners should NOT respond to media inquiries regarding NEXXT Beauty, its products, or their independent NEXXT Beauty business. All inquiries by any type of media must be immediately referred to the NEXXT Beauty via the Backoffice Customer Service Tab.
4.12 Television and Radio Advertising
Beauty Partners must not utilize radio or television media for the advertising, distribution or promotion of NEXXT Beauty products or opportunity without the express written consent of NEXXT Beauty. In the event that NEXXT Beauty does grant permission for the use of such media, NEXXT Beauty must have final authority on every stage of the productions process with full rights to all recordings.
4.13 Trademarks and Copyrights
The name of NEXXT Beauty and other names as may be adopted by NEXXT Beauty are proprietary trade names, trademarks and service marks of NEXXT Beauty (collectively “marks”). NEXXT Beauty will not allow the use of its trade names, trademarks, designs, or symbols by any person, including NEXXT Beauty, Beauty Partners, without its prior, written permission. As an independent Beauty Partner, you may use the NEXXT Beauty name in the following manner:
Beauty Partner 's Name + Independent NEXXT Beauty, Beauty Partner
Example:
Camila Parker, Independent NEXXT Beauty, Beauty Partner
Under no circumstances may a Beauty Partner use any of NEXXT Beauty’s trademarks or trade names in any email address, website domain name, social media handle, social media name or address.
The content of all Company sponsored events is copyrighted material. Beauty Partners may not produce for sale or distribution any recorded Company events and speeches.
4.14 Commitment to NEXXT Beauty
NEXXT Beauty, Beauty Partners may participate in other network marketing program. If a Beauty Partner chooses to participate in another direct selling opportunity, it is the responsibility of the Beauty Partner to ensure that the NEXXT Beauty business is operated completely separate from any other program in which the Beauty Partner participates.
4.15 Non-Solicitation
During the term of this Agreement, Beauty Partners may not directly or indirectly, recruit any other NEXXT Beauty, Beauty Partners or Customer for any other direct selling business. The term “recruit” means the direct or indirect, the actual or attempted, sponsorship, solicitation, enrollment, encouragement, or any effort to influence in any other way, another NEXXT Beauty, Beauty Partner, employee, or Customer to enroll or participate in another network opportunity. This includes, but it’s not limited to the following:
• Posting or messaging information about another network marketing or direct sales opportunity or products on any social media site utilized by a Beauty Partners to promote their NEXXT Beauty business.
• Tagging any NEXXT Beauty, Beauty Partner, employee, or customer in a post on any social media site that provides information or offers to provide information about another network marketing or direct sales opportunity,
• Communicating information or offering to provide information about another network marketing or direct sales opportunity.
4.16 Confidential Information
“Confidential Information” includes, but is not limited to, the identities, contact information, and/or sales information relating to NEXXT Beauty, Beauty Partners and/or customers:
• That is contained or derived from any Beauty Partners personal website.
• That is derived from any reports issued to Beauty Partners by NEXXT Beauty to assist them in operating and managing their NEXXT Beauty business; and/ or
• To which a Beauty Partner would not have access or would not have acquired but for his/her affiliation with NEXXT Beauty.
Confidential Information constitutes proprietary business trade secrets belonging exclusively to NEXXT Beauty and is provided to Beauty Partners in confidence. Confidential Information shall not be directly or indirectly disclosed to any third party nor used for any purpose other than Beauty Partner use in building and managing his/her Independent NEXXT Beauty. Any violation of this policy shall cause NEXXT Beauty irreparable harm for which there is no adequate remedy at law. The parties further agree that the harm to the Company shall outweigh any harm to Beauty Partner if injunctive relief is not awarded to the Company. NEXXT Beauty shall therefore be entitled to immediate and permanent equitable relief to prevent further violations of this policy. This policy shall survive the termination or cancellation of the Agreement.
4.17 Privacy and Handling Personal Information
Personal Information is information that identifies, or permits you to contact, an individual. It includes names, addresses, email addresses, phone numbers, credit card information, social security or tax identification numbers and other information associated with these details. The Company collects, processes and shares Personal Information in accordance with our Privacy Notice posted NEXXT Beauty corporate website and NEXXT Beauty personal websites. Due to the nature of network marketing, you will likely receive Personal Information from NEXXT Beauty or directly from Beauty Partner s, customers and prospects. As a Beauty Partner, it is your responsibility to maintain the security of all Personal Information you receive. You may not share, sell or trade Personal Information with or to any third parties for their direct marketing purposes and you may only use and share Personal Information for the purpose of running your own independent NEXXT Beauty business. The collection, processing, use and transfer of Personal Information is highly regulated, and you must follow all applicable privacy and data protection laws.
Section 5: Sales and Transfer
5.1 Sale and Transfer of a NEXXT Business
If a Beauty Partner wishes to sell their NEXXT Beauty business, or interest in a business entity that owns or operates a NEXXT Beauty business, the following criteria must be met:
• The selling Beauty Partner must offer NEXXT Beauty, in writing, the right of first refusal to purchase the business on the same terms as agreed upon with a third-party buyer. NEXXT Beauty shall have thirty (30) days from the date of receipt of the written offer to exercise its right of first refusal.
• The buyer or transferee must become a qualified NEXXT Beauty, Beauty Partner. The buyer or transferee must accept the NEXXT Beauty, Beauty Partner Agreement and the NEXXT Beauty Policies and Procedures. If the buyer is an active NEXXT Beauty, Beauty Partner, they must first terminate their original NEXXT Beauty Account.
• Before the sale, transfer or assignment can be finalized and approved by NEXXT Beauty, any debt obligations the selling party has with NEXXT Beauty must be satisfied. Additionally, the selling party must be in good standing and not in violation of any of the terms of the Agreement, or the Policies and Procedures, to be eligible to sell, transfer or assign a NEXXT Beauty business.
Prior to selling an independent NEXXT Beauty business or Business Entity interest, the selling Beauty Partner must notify NEXXT Beauty by submit a ticket via the Backoffice Customer Service Tab to obtain permission in writing and advise of their intent to sell their NEXXT Beauty business or business entity interest. The selling Beauty Partner must receive written approval from NEXXT Beauty Customer Care before proceeding with the sale.
5.2 Transfers Upon a Beauty Partner ’s Death
Upon the death of a Beauty Partner, the business may be passed to the heirs. Since NEXXT Beauty cannot divide commissions among multiple beneficiaries or transferees, the beneficiaries or transferees must form a business entity (corporation, LLC, partnership, etc.), and NEXXT Beauty will transfer the business and issue commissions to the business entity. Whenever a business transfer via testamentary instrument, the beneficiary of the business must provide NEXXT Beauty 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 NEXXT Beauty, Beauty Partner Agreement within 30 days from the date on which the business is transferred by the estate to the beneficiary or the business will be cancelled. Please submit a ticket via the Backoffice Customer Service Tab to begin the process.
5.3 Business Distribution Upon Divorce
NEXXT Beauty is not able to divide commissions among multiple parties, nor is it able to divide a downline organization. Due to this, in divorce cases, any settlement or divorce decree must award the business in its entirety to one party. NEXXT Beauty will recognize the owner as the spouse that is awarded the business pursuant to a legally binding settlement agreement or decree of the court. The former spouse who receives the NEXXT Beauty business must also execute and submit a NEXXT Beauty, Beauty Partner Agreement within 30 days from the date on which the divorce becomes final or the business will be cancelled. The former spouse who does not receive the NEXXT Beauty business, may sign a new Beauty Partner Agreement and will be excluded from waiting the 12-month inactivity period only in this instance.
5.4 Recognition Non-Transferrable
The achievements of a Beauty Partner are highly personal. If a Beauty Partner receives a business via any form of transfer (including but not limited to inheritance) the recipient of the business will not be entitled to receive the recognition status or benefits associated with the business. The transferee Beauty Partner must qualify for all Compensation plan achievements themselves in order to receive the corresponding recognition and recognition benefits.
Section 6: Dispute Resolution
6.1 Disciplinary action
Violation of the Agreement, the Policies and Procedures, any common law, including but not limited to any applicable duty of loyalty, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by a Beauty Partner that may damage its reputation or goodwill may result in one or more of the following corrective measures at NEXXT Beauty’s discretion:
• Coaching Call
• Written warning
• Require Beauty Partner to take urgent corrective measures
• Imposition of a fine, which may be withheld from the Beauty Partner’s bonus and commission payments.
• Withholding or Loss of rights to one or more bonus and commission payments
• Permanent or temporary loss of, or reduction in, the current Title Rank of the Beauty Partner
• Transfer or removal of a portion or all the Beauty Partner’s downline
• Involuntary termination of the Beauty Partner Agreement.
• Restrict use of the Beauty Partner’s access to the Back Office and/or Replicated Website; or
• Any other measure expressly allowed within any provision of the Agreement or which NEXXT Beauty deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Beauty Partners policy violation. In situations deemed appropriate by NEXXT Beauty, the Company may institute legal proceedings for monetary and/or equitable relief.
6.2 Indemnification
Beauty Partners agree to indemnify NEXXT Beauty for all costs, expenses, consumer reimbursements, fines, sanctions, damages, settlements of any other nature that NEXXT Beauty incurs resulting from or relating to any act or omission by Beauty Partner that is illegal, fraudulent, deceptive, negligent, unethical, or in violation of the Agreement. NEXXT Beauty may elect to exercise its indemnification rights by withholding any compensation due to the Beauty Partner. This right of setoff shall not constitute NEXXT Beauty exclusive means of recovering or collecting funds due NEXXT Beauty pursuant to its right to indemnification.
6.3 Reporting Errors
If a Beauty Partner believes that NEXXT Beauty has made an error in their compensation, the structure or organization of their genealogy, or any other error that impacts the Beauty Partner’s income, they must report it to the Company in writing within 30 days from the date on which the mistake occurred. NEXXT Beauty will not be responsible for any errors, omissions or problems not reported to the Company within 30 days.