Additional Terms
- Sales Performance Plan
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ADDITIONAL TERMS
4. ADDITIONAL TERMS
4.1 BONUSES
A. Eligibility for Bonuses
To be eligible for any Bonuses (excluding Retailing Bonuses), you must have Product sales to five different Direct Customers or Unregistered Customers each month. You must notify the Company immediately if you do not meet this requirement. The Company will also randomly survey Brand Affiliates to confirm compliance with this requirement.
B. Bonus Calculations
Bonuses are calculated on a daily, weekly, and monthly schedule (as determined by Nu Skin) and recorded in your Nu Skin Bonus Account.
C. Bonuses and Exchange Rates
When calculating your Bonuses, the Commissionable Sales Value and Net Sales Price from Product sales from different markets are exchanged into your home currency using the previous month’s average daily exchange rate.
EXAMPLE: In determining the base amount used to calculate your Bonuses on March sales, the Company would use February’s average daily exchange rate.
D. Home Market Version
This version of the Plan applies only to Brand Affiliates who have a United States market Brand Affiliate ID. The Plan offers you the opportunity to receive Bonuses on sales in all our global markets, except where foreign participation is restricted (contact your Account Manager for specific markets). If you have a United States market Brand Affiliate ID, your Bonus eligibility and benchmarks will be governed by the terms of this version of the Plan, even if members of your Group or Team have a Brand Affiliate ID from other markets.
EXAMPLE: If you are a Brand Representative with a United States Brand Affiliate ID and you register a Member in Australia and they purchase some Products through the Australia nuskin.com website, if that individual (a) signs up as your Direct Customer, and (b) is in your Group when they purchase Products in the Australia market, then those Product purchases will have the Sales Volume, Commissionable Sales Value, and Net Sales Price that the Australia market has set for those Products. The Australia Commissionable Sales Value and Net Sales Price will be exchanged into USD at the time of sale. The local market can provide you with information regarding the Sales Volume, Commissionable Sales Value, pricing, and other sales compensation-related information for each Product in that market.
This Plan does not apply to our Mainland China, Vietnam, or India businesses, which operate under different business models.
E. Recovery of Bonuses Paid to You
The Company has the right to recover Bonuses paid to you as published in the Policies and Procedures, including the recovery of Bonuses that were paid on Products that were subsequently returned. The timing and method of recovery will depend on the Bonus and when the Products are returned. See Addendum B. A summary of our return policy can be found at nuskin.com by accessing the Reputation page.
F. Advancement to Brand Representative; Other Title Advancement Changes
Advancement to Brand Representative occurs weekly. Other Title changes occur only during the monthly Bonus calculation and will be reflected in your nuskin.com account on or before the 5th of the following month. See Addendum A.
G. Product Promotions and Pricing
We may adjust the published retail price, Sales Volume, Commissionable Sales Value, and Member Price. Please see your market’s Product pricing and promotion announcements regarding any discounts and their impact on pricing, Bonuses, Sales Volume, Commissionable Sales Value, and other sales compensation-related information for each Product.
H. Other Sales Compensation
When you sell Nu Skin Products outside of Nu Skin Systems you can capture a retail profit:
i. Retail profit equals (1) the price you sell a Product for minus (2) your costs (your purchase price, taxes, shipping, business expenses, etc.). You keep all retail profit earned outside of Nu Skin Systems.
ii. You can also earn incentive trips* or other non-cash rewards and compensation from other short-term sales incentives not covered by the Sales Performance Plan.
*In the United States, approximately 1% of average Active Brand Affiliates qualified for an incentive trip during 2023.
4.2 TERMINATION OF BRAND AFFILIATE ACCOUNTS
A. Loss of Brand Affiliate Rights
Upon termination of your Brand Affiliate Account, you lose all benefits as a Brand Affiliate, including any access to your Brand Affiliate Account, Group, Team, Sales Network, Sales Volume generated by either your Group or Team, and Bonuses.
B. Movement of Brand Affiliate Account
The Company has the right, for as long as reasonably necessary, to delay any movement of a Brand Affiliate Account and any part of its Group or Sales Network up in a Sales Network or to a different Sales Network.
4.3 OTHER MATERIALS AND TRANSLATIONS
If there are any discrepancies between the terms and conditions set forth in this Plan and any marketing materials or other related content, this Plan will control. Unless otherwise prohibited by law, if there are any discrepancies between the English version of this Plan and any translation of it, the English version will control.
4.4 EXCEPTIONS
A. Granting of Plan Exceptions
The Company may, in its sole discretion, waive or modify any requirements, terms, or conditions of this Plan (collectively “Plan Exceptions”). The Company may grant Plan Exceptions to (1) an individual Brand Affiliate Account, or (2) any number of accounts, including by Team or market. The granting of a Plan Exception to a Brand Affiliate Account, Team, or market does not obligate the Company to grant a Plan Exception to any other Brand Affiliate Account, Team, or market. Any material Plan Exception requires the express written consent of an authorized officer of the Company, and the Company has no obligation to provide other Brand Affiliates, including the next Brand Affiliates above a Brand Affiliate, notice of the Plan Exception, written or otherwise.
B. Termination of Plan Exceptions
The Company may terminate any Plan Exception that has been previously granted at any time and for any reason, regardless of the length of time the exception has been operative. If a Plan Exception has been granted to a specific Brand Affiliate, then the Plan Exception is personal to the specific Brand Affiliate and the Company. Plan Exceptions will terminate upon the transfer of the Brand Affiliate Account, regardless of the form of transfer (e.g., sale, assignment, transfer, bequest, by operation of law, or otherwise), and any such exception will be void.
4.5 TERMINOLOGY
Terms in this Plan may differ from previous terms and may be revised.
4.6 RIGHT TO MODIFY
We can modify this Plan at any time in our sole discretion. If we change this Plan, we will provide you with 30 days notice prior to the change becoming effective.
4.7 COMPLIANCE
To qualify for Bonuses, you must comply with the requirements of this Plan, your Brand Affiliate Agreement, and Nu Skin’s Policies and Procedures.
4.8 WEEKLY AND MONTHLY PERIODS
Any reference to a “month” means a calendar month. Any reference to a “week” or “weekly” or “weekly period” means a seven-day period beginning on the 1st, 8th, 15th, or 22nd day of each month, provided, however, that the fourth week of each month runs through the end of the month. Bonus calculations are based on Mountain Standard Time or Mountain Daylight Savings Time in Provo, Utah, United States of America (Coordinated Universal Time [UTC-7]).