Pearls Gone Wild LLC Independent Consulting Terms & Conditions

Pearls Gone Wild LLC

Independent Consulting

Terms & Conditions 

1. I understand that as a Pearls Gone Wild LLC (Pearls Gone Wild) Independent Consultant I have the right to sell Pearls Gone Wild products in accordance with these Terms.

2. I agree to maintain the highest standards of integrity, honesty, and responsibility in dealing with Pearls Gone Wild, consumers and other Independent consultants. To present Pearls Gone Wild products in a truthful and sincere manner and hold the Pearls Gone Wild LLC harmless from damages resulting from misrepresentation by me.

3. I am 18 years of age or older.

4. By accepting this agreement I shall have the right to purchase products from Pearls Gone Wild for resale to customers. I will be responsible for the collection method and collection of payments from my customers, establishing my own return policies, terms and conditions and a privacy policy if necessary when selling products.

5. I will comply with all federal, state, county and municipal laws, ordinances, rules and regulations and shall make all reports and payments as may be required by any federal, state, county or municipal law, ordinance, rule or regulation.

6. I agree that as a Pearls Gone Wild Independent Consultant I am an independent contractor, and not an employee, agent, legal representative, or franchise of Pearls Gone Wild LLC. I shall be solely responsible for paying all expenses incurred by myself. I UNDERTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF THE PEARLS GONE WILD LLC FOR FEDERAL OR STATE TAX PURPOSES.

7. I shall be responsible and pay my own self-employment taxes, estimated tax liabilities, business equipment or personal property taxes and other similar obligations, whether Federal, state or local. Pearls Gone Wild shall not pay or withhold any FICA, SDI, federal or state income tax or unemployment insurance or tax or any other amounts because the relationship of the parties is not that of employer-employee, but that of independent contractor. I shall be solely responsible for the payment of all taxes, withholdings and other amounts due in regard to my own employees, if any.

8. I shall be solely responsible for determining, reporting and paying all sales tax, business license fees and/or any other similar taxes, fees or items required by any governing or agency or taxing authority. I shall be responsible for acquiring all necessary business licenses. I release Pearls Gone Wild LLC from any claims regarding the determination, collection, and remittance or reporting of sales tax.

9. Pearls Gone Wild LLC reserves the right to terminate any agreement and Independent Consultant agreements upon 30 days’ notice if the company elects to cease business operations of chooses to dissolve as a business entity.

10. I have carefully read and agree to comply with Pearls Gone Wild’s Privacy Policy found on the website ThePearlsGoneWild.com. I understand that I must be in good standing and not in violation of any of the terms of this Agreement to purchase discounted products from Pearls Gone Wild for resale. Pearls Gone Wild may amend this Agreement at its sole discretion. Amendments shall be effective 30 days after notice of the amendment is published on the consulting portion of ThePearlsGoneWild.com website. If I do not agree to any amendment, I shall cancel my Pearls Gone Wild Independent Consultant Agreement.

11. I agree that in exchange for access to discounted prices on Pearls Gone Wild I will use a Facebook Page titled “Pearls Gone Wild (my first name and initial of my last name), Independent Consultant. I.E. Pearls Gone Wild – Emily R., Independent Consultant

12. Promotions and sales created by Pearls Gone Wild LLC do not apply to my purchases. I.E. Buy 4, Get 2 Free Oysters will not apply to my already discounted purchase.

13. I agree that I may not edit or change the “profile picture” or “cover” picture of the Business Facebook page provided to me by Pearls Gone Wild LLC.

14. I agree to only sell products purchased from Pearls Gone Wild LLC on my Pearls Gone Wild Business Facebook page. My prices retail items may never be listed for a price that is below the retail prices listed by Pearls Gone Wild LLC on www.ThePearlsGoneWild.com.

15. Pearls Gone Wild LLC is not held responsible for any actions taken by Facebook or Facebook software problems that may affect your Facebook Business Page for selling. This may include but is not limited to the loss or deletions of social media posts, frozen Live Videos and no sound during live videos. I agree to abide by Facebook’s Statement of Rights & Responsibilities, Payment Terms, Platform Page, Facebook Platform Policies, Advertising Policies, Self-Serve Ad Terms, Promotion Guidelines, Facebook Brand Resources, Page Terms, and Community Standards.

16. I agree to protect the Pearls Gone Wild trademark and trade name by obtaining the company’s written permission prior to my use in any advertising or literature that is not provided to me by Pearls Gone Wild.

17. I agree to make a minimum purchase of $200 in Oysters for resale on my live show within every calendar month to maintain access to the consultant page and discounted prices. Failure to make minimum purchase will result in breach of this contract, immediately termination of my access to the Pearls Gone Wild consultant page and discounted prices, as well as the terminated access to the Pearls Gone Wild Business Facebook Page which I use for resale.

18. I may not assign any rights or delegate my duties under this Agreement without the prior written consent of Pearls Gone Wild. Any attempt to transfer or assign the Agreement without the written consent of Pearls Gone Wild renders this Agreement voidable at the option of Pearls Gone Wild and may result in the termination of my business.

19. Pearls Gone Wild, its directors, officers, shareholders, employees, assigns and agents (collectively referred to as “affiliates”), shall not be liable for, and I waive all claims to, consequential and exemplary damages against Pearls Gone Wild and its affiliates. I further agree to release Pearls Gone Wild and its affiliates from all liability arising from or relating to the promotion or operation of my Pearls Gone Wild business and any activities related to it, and I agree to indemnify Pearls Gone Wild and its affiliates for any liability, damages, fines, penalties, or other awards arising from my unauthorized conduct that I undertake in operating my business.

20. The Agreement, in its current form and as amended by Pearls Gone Wild at its discretion, constitutes the entire contract between Pearls Gone Wild and myself. Any promises, representations, offers or other communications not expressly set forth in the Agreement are of no force or effect.

21. All information provided to me by Pearls Gone Wild is and shall remain confidential. This includes all information which I am granted exclusive access to in the consulting section of Pearls Gone Wild’s website.

22. I understand that Pearls Gone Wild LLC will not establish geographic territories for consultants.

23. I will not promote my own business on websites or social media pages that are managed by other Pearls Gone Wild consultants. I will not promote my own business on any Pearls Gone Wild social media pages that I myself am not an administrator of.

24. This agreement will be governed by and construed in accordance with the laws of the State of Pennsylvania without regard to principles of conflicts of laws. In the event of a dispute between me and Pearls Gone Wild LLC arising from or relating to the Agreement, or the rights and obligations of either party, the parties shall attempt in good faith to resolve the dispute through nonbinding mediation. Pearls Gone Wild shall not be obliged to engage in mediation as a prerequisite to disciplinary action against me or other consultants. If the parties are unsuccessful in resolving their dispute through mediation, the dispute shall be settled totally and finally by arbitration.

25. Notwithstanding the foregoing, either party may bring an action before the courts seeking a restraining order, temporary or permanent injunction, or other equitable relief to protect the intellectual property rights of such party, including but not limited to customer and/or distributor, consultants lists as well as other trade secrets, confidential information, trademarks, trade names, patents and copyrights. The parties may also seek judicial enforcement of an arbitration award. In all actions before the courts, the parties consent and agree to exclusive jurisdiction and venue before the U.S. District Court of Pennsylvania or State court in Lehigh County, Pennsylvania.

26. If I wish to bring an action against Pearls Gone Wild LLC for any act of omission relating to or arising from the Agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action, or the shortest time permissible under state law. Failure to bring such action within such time shall bar all claims against Pearls Gone Wild LLC for such act or omission. I waive all claims that any statute of limitations applies.

27. I grant Pearls Gone Wild LLC an irrevocable license to use my name, photograph, likeness, personal story, testimonial, and or business history or information in advertising and promotional materials and I waive all claims to remuneration for such use. I waive any right to inspect or approve the same prior to publications by Pearls Gone Wild LLC.

28. This agreement will only become effective when accepted electronically or in writing. The date this Agreement is accepted by Pearls Gone Wild LLC will be referred to as the effective date. A digitally submitted copy of the Application & Agreement sent to Pearls Gone Wild LLC will be considered the original document for all purposes

29. I may cancel my Initial Order within 3 business days from the date of purchase. (5 days for Alaska residents and 15 days for Montana Residents.) A dated Notice of Cancellation is required to receive a refund for the initial Consulting Kit. Notice of Cancellation can be mailed to Pearls Gone Wild LLC at 5 Lehns Court Easton, PA 18104. All products must be returned within 10 days of the dated Notice of Cancellation to receive a refund. Returned Initial Order must be in its entirety and in the same conditions as it was when I received it. Refund will be issued when Pearls Gone Wild LLC receives and inspects the items.