條款和條件
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條款和條件
The Success Trips are sponsored by Nu Skin Enterprises United States, Inc., Nu Skin International, Inc. or an affiliated company (collectively, “Nu Skin” or “Company”)
1. Compliance with the Velocity Sales Performance Program. To qualify for any pin level, you must meet all requirements of the Sales Compensation Plan, including retail sales. There are no bonuses paid for recruiting. All bonuses and commissions are paid only when qualifying products are sold. For a complete summary of the Sales Compensation Plan, click here.
2. Sale of Products. You do not receive any compensation for sponsoring other Brand Affiliates. Your level of compensation will be based on your hard work, your sale of products, and the sales of your Team. You acknowledge and agree that retail sales (which include members) are an important component of the Sales Compensation Plan. As a Brand Affiliate, you have no specific inventory requirements. You must use your own judgment in determining inventory needs based upon reasonably projected retail sales, product demonstrations, and personal use. You are prohibited from ordering more than a reasonable amount of inventory. By placing an order, you certify that you have sold or consumed at least 80 percent of your total inventory from previous orders.
3. Targets. Nu Skin will set a target for all current Brand Representatives based on their performance in 2016. The year 2016 will be divided into one six-month period from January through June, and another from July through December and Success Points will be applied. Nu Skin will pick whichever of the two six-month periods yields the highest number of Success Points under this program, and the Brand Representative will be treated as if he had already gone on a Success Trip based on those Success Points.
Here are some examples of how this will work in practice:
A) If a Brand Representative would have received 80 Success Points for the period of January through June of 2016, and 87 Success Points for the period of July through December of 2016, that Brand Representative’s baseline going into qualification will be 87 Success Points. This means that to go on the next Success Trip this Brand Representative will have a target to earn 100 Success Points.
B) If a Brand Representative would have received 300 Success Points for the period of January through June of 2016, and 325 Success Points for the period of July through December of 2016, that Brand Representative’s baseline going into qualification will be 325 Success Points. This means that a Brand Representative will have to earn at least 350 Success Points to be eligible for the next Success Trip.
4. Success Trip Attendees and Targets. Any Brand Representative who attended the Sydney Success Trip will automatically have their qualification target for the Waikiki Success Trip increased one level. For example, if Brand Representative received a target for the next trip of 100 Success Points and qualified for Sydney, the Brand Representative’s target will be increased to 150 Success Points for the Waikiki Success Trip. Every time a Brand Affiliate Account qualifies for a trip, a new target will be assigned for that Brand Affiliate Account. Qualification targets may be found in the online Navigator Tool or through your account manager.
5. Accounts Using Flex Blocks. During the qualification period, any first-generation Brand Representatives using Flex Blocks to hold title will not generate Success Points, unless they are a Leadership Team. Leadership Teams will generate the 10 Leadership Team Bonus Points. Leadership Points are not earned because the 4 Building Blocks (2000 GSV) requirement is not met.
The Success Trip qualifying account may use Flex Blocks during qualification; however, no Success Points of any kind may be accumulated during that month. If a Success Trip qualifying account falls to a Brand Affiliate, no Success Points will be awarded for any months while the Brand Affiliate Account is titled as a Brand Affiliate.
6. Leadership Success Points. Each G1 Brand Representative with 4 Building Blocks (2000 GSV) and the TOV required per PIN Title will generate Leadership Points for their upline Brand Representative based on the chart provided above. Success Points are awarded on first-generation Brand Representative Titles based on their Paid As Title for the month.
7. Leadership Team Bonus Points. Bonus points will be awarded if the G1 meets the Leadership Team Sales Volume (LTSV) requirements during a calendar month.
Leadership Team Volume | 10,000 LTSV | 20,000 LTSV | 30,000 LTSV | 40,000 LTSV |
Leadership Team Bonus Points | 2 | 4 | 6 | 8 |
8. Mergers of Accounts. Any advancement that is the result of an account merger will disqualify the new Brand Affiliate Account from subsequent Success Trips. i.e. if 2 accounts have a target to attend the Success Trip I with 100 Success Points merge to create a new Brand Representative account that has 160 Success Points the new merged account would be disqualified from the Success Trip I and II trips but could qualify for Success Trip III, with 200 success points.
9. Review of Brand Representative Qualification. All qualifying accounts will be reviewed by the Success Trip Approval and Verification Committee. The Success Point Targets will be set, and the review of the qualifying accounts will be done using the weighted formulas developed by the Company and the application of these Terms and Conditions, which targets, and reviews will be made using the good faith business judgment of the Company.
10. No Cash Compensation. Nu Skin will not compensate Brand Representatives, in cash or kind, if they qualify but either the Brand Representative and/or its Registered Guest(s) are unable to attend the Success Trip.
11. Non-transferrable. The Success Trip is non-transferable. Trip cancellation by a Brand Representative/ Registered Guest(s) after official confirmation may incur costs to the Brand Affiliate Account.
12. Brand Representative Liability for Cancellation. Except as permitted by these Terms and Conditions, the Brand Affiliate Account and Brand Representatives will be liable for any costs incurred by the Company for any trip cancellation by a Brand Representative and or Registered Guest(s) after their official confirmation to attend. Attendees (both Brand Representatives and Registered Guests) must be at least twenty-one (21) years of age or older, unless accompanied by his/her parent or legal guardian, and if required, must sign a liability and publicity release. If attendees fail to return such documents within date and/or time indicated within such documents, then the attendees may forfeit the right to attend the Success Trip, which decision will be in the sole discretion of the Company.
13. Travel Documents and Insurance. Those attending the Success Trip are solely responsible for obtaining any identification documents, passports, visas, and any other travel documents necessary for domestic and international travel and to obtain valid health or travel insurance coverage for the Success Trip. Brand Representatives are personally liable for any upgrades or additional people brought on a trip or injuries and medical expenses incurred by the Brand Representative or its Registered Guest(s). Brand Representatives will hold the Company harmless and indemnify the Company for any such liabilities incurred as a result of failing to obtain the proper insurance or travel documents.
14. Attendance by Primary Brand Representative. The Primary Brand Representative on the Brand Affiliate Account is encouraged to attend the Success Trip, provided, however if they are unable to attend, an associate on the Account may attend in their place. The associate may not be added after qualification is completed. If the Primary Brand Representative and associate are not able to attend the Brand Affiliate Account may defer to a future trip if the Company allows the deferral in its sole discretion. If the Company does not allow a deferred trip, then the right to attend is forfeited and the account must requalify for a future trip.
15. Guest Registration Policy.
A) Additional guests must register by the date provided by the Company
B) The incentive awards stated above are limited to a maximum of two participants per Brand Affiliate Account. Besides the Primary Brand Representative named on the Brand Affiliate Agreement, the second participant may be (i) the other person named on the Brand Affiliate Agreement, (ii) a person named on the Business Entity form, or, (iii) an immediate family member of qualifying Brand Representative.
C) Each Success Trip Qualifying Account will be awarded 2 tickets, 1 must be for the account holder and 1 for an additional guest primarily for spouse, significant other, family member or an associate on the account.
D) Subject to availability, Nu Skin may offer the option to bring additional guests. These guests' tickets may only be used by immediate family members or child care providers. You may not bring additional guests who are Brand Affiliates and not on the account. When registering, you will be required to verify that any additional guests are immediate family or child care providers prior to completing registration for the trip.
E) Any additional tickets for immediate family members or child care providers will need to be paid for by the account holder. Nu Skin/travel agent will require a credit card in order to take payment for the tickets and airfare for additional guests, such as children. Registration fees will vary based on destination and will be posted prior to trip registration. These registration fees do not include airfare. Additional guests must register by the date provided by the company.
16. Origination of Flights. Flights will be provided for 2 people from the closest major airport to the account holder’s address on the account at the time of qualification. Should the account holder’s guest need to fly from a different destination, Nu Skin will reimburse the amount of the flight based on the amount of the ticket for the account holder. For example; account holder is flying from California and the flight amount is $250 to the destination. The guest is flying from Florida and the flight amount is $800. Nu Skin will provide $250 towards the cost of the guest’s flight.
17. Breach of Terms and Conditions. Nu Skin reserves the right in its sole and absolute discretion to disqualify and/or exclude any Brand Representative or member of a Brand Affiliate Account from a Success Trip, or take any other legal remedy available to the Company, including termination, for any reason, including without limitation, for breach of the Policies and Procedures, these Terms and Conditions, or any manipulation of the Sales Compensation Plan in any form, whether before the Success Trip, during qualification for and attendance at the Success Trip, or after the Success Trip. Such manipulation may include, but is not limited to, purchasing product or having others purchase product for the purpose of qualifying for the trip, and without the ability or intent to sell it. If the Company determines within 12 months following the trip that any such manipulation would have affected qualification for the trip, the Brand Representative, Brand Affiliate Account, and those named on the Business Entity form are jointly and severally liable for the costs incurred by the Company, and as consideration for going on the trip, agree to reimburse the Company for all costs the Company has incurred, including but not limited to, the cost of the trip, and any other costs related to the trip and incurred at the company’s discretion. Furthermore, it the Company determines that without the manipulation the Brand Affiliate Account would not have qualified for the trip, then the Brand Representative and Brand Affiliate Account will be ineligible for the next Success Trip.
18. Final Approval and Brand Representative Liability. Nu Skin reserves the right to withhold final approval on all awards pending verification of compliance with these Terms and Conditions. In the event that any activity in violation of these Terms and Conditions becomes known after incentives have already been given to a Brand Representative or attendance at the Success Trip, Nu Skin reserves the right to deduct the cost of such incentives and/or of the Success Trip from future commission payments and take any other legal action available to Nu Skin, including termination.
19. Nu Skin’s Right to Amend Terms and Conditions, Modify and Cancel Trip. Nu Skin reserves the right to interpret or amend these Terms and Conditions at any time in its sole discretion, and all Company decisions will be considered final. Furthermore, Nu Skin reserves the right in its sole discretion to cancel the Success Trip program at any time. Nu Skin reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Success Trip program, or disqualify a Brand Representative or Brand Affiliate Account, should Nu Skin determine that (i) a Brand Affiliate Account has breached the Policies and Procedures, (ii) a Brand Affiliate Account has violated these Terms and Conditions, or has tampered or attempted to tamper with the Success Trip program in any form, (iii) a virus, bugs, non-authorized human intervention, fraud, misconduct or other causes beyond its control, has corrupted or affected the administration, security, fairness, integrity, or proper conduct of the Success Trip program, or (iv) such action is required by law. ANY ATTEMPT BY ANY BRAND AFFILIATE ACCOUNT TO DELIBERATELY DAMAGE ANY COMPANY WEB SITE OR FUNCTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE SUCCESS TRIP PROGRAM MAY BE A VIOLATION OF CRIMINAL OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, NU SKIN RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW
20. Taxable Income. All Success Trip program deadlines are subject to change without notice. The value of awards may be considered taxable income to the prize winners, and all taxes are the sole responsibility of the Brand Representatives who receive them. In the event that any award recipient is a Business Entity, the award shall be awarded to primary participant on the account.
21. Limited Space. Registration will be based on date of qualification. All accounts that qualify in the final month will register in priority of Organizational Volume. If Nu Skin should fill all available spots, then accounts will be automatically deferred to the next trip.
22. Void Where Prohibited. The program is void where prohibited by law and subject to all federal/state/local laws and regulations.
23. Arbitration. The laws of the State of Utah shall govern this program, and participants in the Success Trip program hereby consent to the resolution of any disputes with regard to the program solely through the process described in the Mediation and Arbitration Policy noted in the Policies and Procedures, which can be found at the Compliance Corner. All such mediation and arbitration will be performed within the exclusive jurisdiction and venue of Utah. Each participant waives any and all objections to jurisdiction and venue and dispute resolution procedures.
24. Participation in the Success Trip. The Success Trip program may only be participated in or from the Company’s officially open markets in the Americas region, and only by legal residents of those markets. Brand Representatives from any other jurisdiction or non-residents of the jurisdictions listed above are not eligible.
25. Use of Name and Likeness. In consideration for attending the Success Trip, each Brand Representative and their Registered Guests, consent and give Nu Skin and its affiliates the absolute and irrevocable right and permission to use their name and likeness, including performance, voice and image in all forms and media, and in all manner, without limitation as to frequency or duration, for any lawful purpose, commercial or noncommercial, in any location. In addition, acceptance of any award during the Success Trip shall constitute and signify the award winner's agreement and consent that their name, address, likeness and/or award information can be used for promotional purposes by Nu Skin or its affiliates without further payment or consideration to the award recipient. Award recipients may not use awards as income claims in promotion of the business opportunity.
26. Indemnify. By participating in the Success Trip program, all Brand Representatives and Brand Affiliate Accounts that participate in the qualification process, or participate in the Success Trip, agree to release, discharge, indemnify and hold harmless Nu Skin Enterprises United States, Inc., and Nu Skin International, Inc., and any of their affiliated companies, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death to any person which may occur in connection with, preparation for, travel to, or participation in the Success Trip, or possession, acceptance and/or use or misuse of a prize or participation in any Success Trip-related activity or prize and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Any and all warranties and guarantees are subject to the respective manufacturer’s terms.
27. Waiver of Damages. ALL PARTICIPANTS IN THE SUCCESS TRIP PROGRAM HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
28. Defined Terms. All capitalized terms not defined herein shall have the meanings given them in the Policies and Procedures of the Velocity Sales Performance Program.
29. Deferring Accounts. In the events of Death in the Family, Medical Emergency, Act of God or Force Majeure, the Success Trip Qualifier may, subject to approval of the company, be permitted to defer their trip by one cycle and may only defer once. Each trip cycle is approximately 6-8 months apart. To receive a deferral, a Success Trip Qualifier must submit a request for deferral to Nu Skin prior to the date of the relevant Success Trip. The company will review the request and determine whether the deferral is merited under the circumstances. The company may accept or reject any such deferral request in its sole discretion.
During deferment the account may drop in paid as title but must be back at the qualifying title by the time of registration and during the month of the trip.
(i) “Death in the Family” means the death of an immediately family member that occurs within thirty (30) days of departure for the Success Trip.
(ii) “Medical Emergency” means a medical condition that manifests itself by acute symptoms of sufficient severity (including severe pain) so that a qualified medical professional, i.e., a doctor, advises that you will ((1) place your personal health in serious jeopardy, (2) there will be serious impairment to bodily functions, or (3) serious dysfunction of any body organ or part unless you do one of the following: (i) seek immediate medical attention at a hospital emergency room, (ii) be hospitalized, or (ii) receive emergency medical treatment that confines you to bed under a doctor’s supervision.
(iii) “Force Majeure” means an event such as fire, flood, riot, strikes, labor disputes, freight embargoes or transportation delays, acts of God or of the public enemy, war, acts or threats of terrorism, or civil disturbances, any existing or future laws, rules, regulations or acts of any government (including any orders, rules or regulations issued by any official or agency or such government) affecting a party that would delay or prohibit performance hereunder, or any cause beyond the reasonable control of such party (a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, the party whose performance is so affected shall promptly give notice to the other party of the occurrence or circumstance upon which it intends to rely to excuse its performance.
30. Trip Registration and Attendance
In order to register for the Success Trip all accounts must maintain the minimum title of Brand Representative for Success Trip I and II and Ruby Partner for Success Trip III, IV and V+. Accounts must also maintain the same minimum title listed above to attend the trip. Titles will be verified prior to opening registration and during the month of the trip.
Nu Skin may also rely on Force Majeure Events to suspend its duties and obligations for the duration of the Force Majeure Event. During the duration of the Force Majeure Event, Nu Skin will use its reasonable best efforts to avoid or remove such Force Majeure Event and will take reasonable steps to resume its performance with the least possible delay or reschedule the Success Trip.
NOTE: The reference to Success Trips as “Trip I,” “Trip II,” etc. is simply a way of identifying how you qualify for Success Trips and does not designate trips of a different value. For example, Trip I simply identifies the number of required points for someone who is new and attempting to qualify for his or her first trip under the new Americas Success Trip Program; Trip IV simply identifies the number of required points based on your benchmark number determined by your sales volume in 2016, and is not a more prestigious trip in the same year or one that contains more benefits. See the Terms and Conditions below for more detailed information on benchmarks.
31. Team Elite Alternate Qualification: In addition to qualifying through earning Success Points, Team Elite Trip Qualified accounts have two (2) alternate qualification options.
· Option 1
o Must be 2020 Team Elite Trip Qualified (or 2021 Team Elite Trip qualified by June 2020)
o Minimum of 10 Success Trip Qualifiers who attend the Success Trip (unencumbered by another Team Elite and excludes other Team Elites who are qualified).
o Must increase TOV from previous qualification period
· Option 2
o Must be 2020 Team Elite Trip Qualified (or 2021 Team Elite Trip qualified by June 2020)
o Achieve 1,150 Success Points and a Minimum of 1 Success Trip Qualifiers who attend the Success Trip (unencumbered by another Team Elite and excludes other Team Elites who are qualified).
o Must increase TOV from previous qualification period
Team Elite accounts qualifying through these alternate paths will be responsible to pay for their own flights.
Earning Leadership Success Points: If a G1 Brand Representative does not achieve the required TOV target at their pin title, partial points may be awarded if they have reached the required TOV for the pin title directly beneath them. In such a case the points will be granted in the lower pin title’s amount. If a G1 Brand Representative has not reached the TOV for the level directly beneath theirs, but have reached the TOV for two or more levels lower, no points are granted. The following examples illustrate how this will work:
Example 1:
G1 “Paid as” Emerald Director with 10,000 TOV
Earns 20 Leadership Success Points
Example 2:
G1 “Paid as” Ruby Partner with 4,000 TOV
Earns 0 Leadership Success Points (TOV is 2 titles below the Paid as Ruby Partner Title)
G1 Brand Representative Title | TOV† | Success Points |
Brand Representative | 2,000 | 4 |
Gold Partner | 4,000 | 8 |
Lapis Partner | 6,000 | 12 |
Ruby Partner | 10,000 | 20 |
Emerald Director | 14,000 | 28 |
Diamond Director | 18,000 | 36 |
Blue Diamond Director | 26,000 | 52 |
32. Brand Representatives promoted weekly: Once a Brand Affiliate achieves the Brand Representative Title they many begin to earn Success Points. Any volume the new Brand Representative acquired as a Qualifying Brand Representative will not count toward their Volume Success Points.