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The following outlines the Terms and Conditions used by Hair Ventures, LLC with regard to business conducted between the company and all wholesale accounts. By checking the box on this webpage, you acknowledge and agree to these Terms and Conditions. If any of these Terms and Conditions are violated, Hairstory has the right to terminate the account without notice. Activities: Active Hairstory Hairdresser (“Stylist”) can perform any of the following sales and recruiting activities: <ul><li>Stylist may purchase Products directly from the Company at the official “Wholesale Price” (as defined in the Commission Rules) applicable to the Product. Stylist may sell inventory at prices determined by the Stylist, however, the price for a Product shall not exceed the “Retail Price” as defined in the Commission Rule applicable to the Product.</li><li>Stylist’s account will be qualified as “Active” if they meet the 90-day Minimum Purchase threshold, through purchase of inventory or sale of “Commissioned Products.”</li><li>Stylist may refer clients to become Active Hairdresser Clients. An “Active Hairdresser Client” is a client who purchases Product from the Hairstory website through the Stylist’s Direct Selling Link or by entering the Stylist’s name during checkout. This registers the Client to the Stylist’s “Downstream.” The Stylist is entitled to a commission for all purchases made by any Client registered to Stylist’s Downstream, provided the Stylist’s account is in “Active” status.</li></ul>
Compensation: Stylist acknowledges the following compensation requirements: <ul><li>Stylist acknowledges and agrees that Stylist shall not be entitled to any consideration from the Company regarding Stylist Inventory. In addition, Stylist acknowledges the Rules and Definitions for Hairstory Commissions set forth in Appendix A that will be applicable to all employees, consultants and third-party contractors involved in the sale of the Products from time to time as may be amended and notified to Stylist in writing from time to time (the “Commission Rules”). In consideration of the Services performed by Stylist, the Company agrees to pay the following compensation (the “Commission”):</li><li>Stylist will be paid twenty-five (25%) percent of any sales on Commissioned Products where the sale was initiated by the Stylist.</li></ul>
Payment: Stylist acknowledges the following:<ul><li>Commission payments to Stylist will be made on the second Monday of each month following the month during which Stylist closed the sales resulting in the earned Commission payment (the “Payment Date”). If the Payment Date falls on a state or Federal holiday, then the Payment Date will be the next business day of that month.</li><li>Commissions will only be earned if the Stylist has completed the Commission Registration Process. Commission Registration Process includes providing Hairstory with required information including, but not limited to, full name, email address, mailing address, bank account details for direct deposit, completed W9 form, etc.</li></ul>
Other Terms. The following restrictions apply to the Business and Service of the Stylist:<ul><li>In order to register an “Active” Stylist account, Stylist must complete an initial purchase of Product (the “Initial Purchase”) or refer two Active Hairdresser Clients to purchase</li><li>If Stylist stays inactive for a year or more and then chooses to re-register as a Stylist, Stylist may be required to make the Initial Purchase again at that time.</li><li>Stylist may not transfer any client to be registered to another Stylist, and no client can request a transfer to be registered to any other Stylist.</li><li>If Stylist sells any Product from the Stylist’s inventory, then the Stylist will not receive a commission on that sale, aside from the Commission payment already allowed from the sale as the difference between the wholesale price and the price at which the Stylist decides to sell the product to a client.</li><li>Stylist may not sell Products to any distributor or reseller.</li><li>Stylist may not sell Products on web-based platforms including, but not limited to, Amazon.com, eBay.com, craigslist.com, etc.</li></ul>
Representations, Warranties and Covenants of Stylist. Stylist makes the following representations and warranties<ul><li>By entering this Agreement, Stylist is not violating any noncompete, nonsolicitation, confidentiality or other agreements, whether written, verbal or implied between the Stylist and any third party.</li><li>Stylist is not bringing and will not use any confidential information or trade secrets of any third parties as a Stylist of the Company.</li><li>To Stylist’s knowledge, Stylist is not a party to any litigation, judgment, order, dispute, claim, or potential claim which would prevent Stylist from entering this Agreement.</li><li>To Stylist’s knowledge, Stylist is not a party to any litigation, judgment, order, dispute, claim, or potential claim with any company or organization.&nbsp;</li></ul>
Relationship of the Parties. Nothing herein contained shall be deemed or construed by the Parties hereto, or by any third party, as creating the relationship of a principal and agent, employer/employee, or a partnership, or a joint venture between the parties hereto, it being expressly understood and agreed that neither the method or computation of compensation nor any provision contained herein, nor any actions of the parties hereto shall be deemed to create any relationship between the parties hereto other than the relationship of an independent contractor. Confidential Information; No Ownership of IP. During the Term of this Agreement and thereafter, Stylist will not use (except to the extent required in connection with his retention hereunder), disclose, divulge, or communicate to any person or entity, for any purpose or reason whatsoever, any confidential information or trade secrets of the Company (or its subsidiaries or affiliates), including without limitation, compensation plans, product ideas, Company sales and marketing tools, Stylist lists and information, designs, plans, secret processes, personnel information, inventions, know-how, supplier lists, patent information, computer programs, data bases, formulas, developmental or experimental work, original works of authorship, business plans, and other technical data (“Confidential Information”) which has been specifically designated as Confidential Information, unless such information (a) becomes generally available to the public through no act of Stylist or (b) is not acquired, directly or indirectly, from the Company or other sources under an obligation of confidentiality. Stylist acknowledges and agrees that any and all information and documents specifically designated as Confidential Information Stylist receives during the Term of this Agreement on any of these matters will be received in strict confidence. The Parties acknowledge the nationwide and international application of technology and trade secrets developed by the Company and therefore agree that the restrictions herein will apply nationwide and throughout the world. Stylist acknowledges and agrees that all intellectual property associated with the Products and the Company is owned by the Company and Stylist has no right, interest or title thereto. Remedies. If any action, suit, or proceeding is brought or taken by either party to enforce its rights and protection under this Agreement because of a breach or threatened breach by the other Party of any provision herein, the breaching party shall reimburse the prevailing party for all costs and expenses arising from such action, suit, or proceeding, including reasonable attorneys’ fees. Equitable Remedies. Stylist acknowledges that a breach of a representation, warranty or covenant contained in Paragraphs 6 or 12 of this Agreement will cause irreparable damage to the Business and the Company, the exact amount of which will be difficult to ascertain, and that any remedy at law for any such breach will be inadequate. Accordingly, Stylist agrees that if he breaches or threatens to breach any representation, warranty or covenant contained in Paragraphs 6 or 12, then the Company will be entitled to injunctive relief, without posting bond or other security, in addition to any and all other remedies available to the Company at law or in equity. No action hereunder by the Company will constitute an election to forego any other remedies available to the Company. Indemnification. Stylist agrees to indemnify, defend, and hold harmless Company, its affiliates, subsidiaries, agents and employees from any and all claims, demands, judgments, damages, losses, liabilities, and costs, including reasonable attorneys’ fees arising from or in connection with any claims caused by the following: (i) acts or omissions of Stylist; (ii) any action or claim brought by any third party as a result of any misrepresentation or breach of any representation, warranty or covenant made by Stylist to the Company; (iii) breach of any agreement with any third party; or (iv) Stylist’s breach of this Agreement. In the event of any future litigation or claim brought against Stylist, the Company agrees to cooperate with the Stylist’s defense, but Stylist will be solely liable for any and all of its attorney fees and costs associated with the defense of any such claim or lawsuit. Confidentiality of Agreement. The Parties agree to hold this Agreement and its terms in strict confidence. Stylist acknowledges, represents and warrants that they will keep all terms and conditions of this Agreement, including, without limitation, the amount of compensation paid by the Company, confidential and that such shall not be disclosed by Stylist or Company to any person or entity, except to a court of competent jurisdiction when required by law, to any department, agency, or representative of the United States and/or any other government department, agency or entity, as required by law, and/or any person, entity, company, corporation or organization requiring such information to comply with tax laws or claiming an interest in or lien on the consideration tendered by the Company under this Agreement. Stylist may disclose the terms and conditions of this Agreement to Stylist's attorney and financial advisors. Company may disclose the terms and conditions of this Agreement to the Company’s Board of Managers, attorneys, financial advisors, lenders and potential sources of debt or equity financing (together with their advisors). Stylist and Company agree to inform these individuals of the confidential nature of this Agreement and instruct those individuals not to discuss this Agreement. Governing Law; Submission to Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, United States of America. Each of the parties irrevocably agrees that any legal action or proceeding arising out of or relating to this Agreement brought by any other party or its successors or assigns shall be brought and determined in state or federal court in the State of New York, and each of the parties hereby irrevocably submits to the exclusive jurisdiction of the aforesaid courts for itself and with respect to its property, generally and unconditionally, with regard to any such action or proceeding arising out of or relating to this Agreement and the transactions contemplated hereby. Each of the parties agrees not to commence any action, suit or proceeding relating thereto except in the courts described above in New York, other than actions in any court of competent jurisdiction to enforce any judgment, decree or award rendered by any such court in New York as described herein. Each of the parties further agrees that notice as provided herein shall constitute sufficient service of process and the parties further waive any argument that such service is insufficient. Each of the parties hereby irrevocably and unconditionally waives, and agrees not to assert, by way of motion or as a defense, counterclaim or otherwise, in any action or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby, (a) any claim that it is not personally subject to the jurisdiction of the courts in New York as described herein for any reason, (b) that it or its property is exempt or immune from jurisdiction of any such court or from any legal process commenced in such courts (whether through service of notice, attachment prior to judgment, attachment in aid of execution of judgment, execution of judgment or otherwise) and (c) that (i) the suit, action or proceeding in any such court is brought in an inconvenient forum, (ii) the venue of such suit, action or proceeding is improper or (iii) this Agreement, or the subject matter hereof, may not be enforced in or by such courts. Severability. If and to the extent that any court of competent jurisdiction holds any provision or any part hereof to be invalid or unenforceable, such holding shall in no way effect the validity of the remainder of this Agreement. No Assignment. This Agreement may not be assigned by Stylist without the written consent of the Company, and any such attempted assignment shall be void and of no effect. Notice. All notices, requests and other communications under this Agreement must be in writing and must be mailed by registered or certified mail, postage prepaid, and return receipt requested, or delivered by hand to the Party to whom such notice is required or permitted to be given. Waiver. No failure by either Party to insist upon the strict performance of any covenant, duty, agreement, or condition of this agreement, or to exercise any right or remedy upon the breach thereof shall constitute a waiver of any breach of this Agreement. Entire Agreement. This Agreement is the final, complete, and exclusive Agreement of the Parties with respect to the subject matter set forth herein. All prior discussions, negotiations, communications and preliminary agreements are merged herein. No modification of, or amendment to this Agreement, nor any waiver of any rights under this Agreement will be effective unless in writing and signed by the Parties to be charged. The terms of this Agreement will govern the relationship of the Parties. 
Appendix A 
Hairstory Commission Rules and Definitions All rules and definitions are subject to change by Hair Ventures LLC (DBA Hairstory) without notice or warning. Client Definitions<ul><li>Active Hairdresser Client</li><li>Any person registered to an Active Hairstory Hairdresser who has purchased any Hairstory product.</li><li>Direct Hairstory Client</li><li>Any person who purchases any Hairstory product directly from Hairstory, but is not an Active Hairdresser Client, Active Hairstory Hairdresser, Hairstory Star Client, Hairstory Star Client Friend, Hairstory Editorial Hairdresser, Hairstory Coach or Hairstory Employee.</li><li>Any client with no upstream.</li></ul>
Hairdresser Definitions<ul><li>Active Hairstory Hairdresser</li><li>Any hairdresser who has been approved by Hairstory to purchase and sell Hairstory products.</li><li>To be considered Active, a Hairstory Hairdresser must purchase, or have one or more registered clients purchase, in the past 90 days.</li></ul>
Product & Pricing Definitions<ul><li>Commissioned Products</li><li>Products purchased online by an Active Hairdresser Client through the Hairstory company website.</li><li>Retail Price</li><li>The price at which the company decides to sell the product to the final client at any given moment.</li><li>If the company decides to implement a short-term discount or promotion, the “retail price” for consideration of commissions due will be the normal retail price during the period of said promotion.</li><li>Wholesale Price</li><li>The price used for Hairstory Hairdresser and Hairstory inventory purchases.</li></ul>
General Rules<ul><li>Clients (any type) will always be linked to the original referring Hairdresser and may only be transferred at Senior Management’s discretion. Senior Management will make their best effort to only make changes under very special situations.</li><li>Product returns will only be accepted within 30 days of purchase and product must be in sellable condition.</li></ul>
Special Rules<ul><li>No Compression Rule: If any Hairdresser decides to cease his or her relationship with Hairstory, his or her downstream will not be compressed upwards. </li></ul>