Terms and Conditions. Last updated: March 26, 2017.
Please read these Terms and Conditions and advisor agreement ("Terms", "Terms and Conditions" “agreement”) carefully before using the advisor program associated with http://www.shopabbyanna.com website (the "Service") operated by Willis Ventures, Inc., dba “abby + anna’s boutique” ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to advisors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by this agreement. If you disagree with any part of the agreement, then you may not access the Service.
Term. The term of this Agreement shall commence upon the approval of an advisor application by Willis Ventures, Inc., and shall continue until termination by either party, at any time.
Purchases. If you wish to purchase any product or service made available through the Service "Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, address, email, and PayPal address. You must be 18 years or older and reside in the United States.
Subscriptions. Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance. The Subscription fee is a one-time, non-refundable fee.
Enrollment. To enroll in the advisor program, you must submit an advisor application and be approved. You must be 18 years old, a legal resident of the United States and reside in the United States.
Eligibility. Willis Ventures, Inc., reserves the right to accept or reject any advisor application if it determines, in its sole discretion, that its acceptance of an advisor application would result in any actual or potential conflict of interest or would call into the question the independence of an advisor, or for any other reason in the discretion of Willis Ventures, Inc.
Advisor Information. Each advisor is responsible for keeping her or his advisor information up to date and accurate, and must immediately update any changes in her or his dashboard. It is particularly important that an advisor provides Willis Ventures, Inc. with her or his email address, since email is one of the primary methods of company communication. By agreeing to these terms and conditions, the advisor consents to receiving emails from Willis Ventures, Inc. as well as her or his upline.
Content. Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the use of this content. We have the right to monitor your advertising material or website at any time to determine if you are following the terms and conditions of this Agreement. Your advisor application and status in the program may be suspended or terminated for any reason including those reasons of which are stated below:
- Inappropriate advertisements (false claims, misleading hyperlinks);
- Advertising, website design or production of other material (blogs, written reviews, etc.) in any manner that is disparaging, misleading, obscene or that otherwise portrays Willis Ventures in a negative light;
- Illegal spamming (mass email, mass newsgroup posting, etc.);
- Advertising on sites containing/promoting illegal activities;
- Violation of intellectual property rights;
- Lack of production;
- Advertising, website or other material that references or promotes sexually explicit materials;
- Advertising, website or other material that references or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Promoting or referencing in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable material; and
- Materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law.
You may not create or design your advertising, website that explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are www.shopabbyanna.com.
Code of Ethics. As a member of our advisor program you will be held to an advisor code of ethics.
Independent Contractor Status: advisors shall not be treated as employees of Willis Ventures, Inc. for any purpose, including, without limitation, for federal, state or local tax purposes or for retirement or unemployment benefits. Advisors are self-employed independent contractors who are authorized by Willis Ventures, Inc. to market and sell the products in the 50 United States, District of Columbia, Puerto Rico, subject to having legal authorization to work in the applicable jurisdiction. Advisors are not, and shall not represent themselves to be, employees, agents or representatives of Willis Ventures, Inc. Any agreement between Willis Ventures, Inc and an advisor does not create an employee/employer relationship, agency, partnership or joint venture between Willis Ventures, Inc and such advisor.
Resale. While not a requirement of the advisor program an advisor may choose to carry stock for resale purposes. A copy of a signed resale agreement must signed and retained by our home office prior to purchasing in bulk. The Resale agreement can be requested via email at email@example.com.
Repackaging or Re-Branding. Advisor may not repackage, rebrand or alter abby + anna merchandise, abby + anna marketing material in anyway. Advisors may, however, affix their own contact information onto the material, but the information must be affixed in a way that does not impair the ability to return such products and to not cover the writing in any way.
Confidential information, non-solicitation and competitive business. Advisors play a critical role in Willis Ventures, Inc.’s business operations. As an advisor of our company, you have access to sensitive, confidential and proprietary information and trade secrets. Therefore, as an advisor you agree to the following:
- During the term of the advisor agreement and indefinitely following the agreement, an advisor may not disclose to any third party any confidential or proprietary information. An advisor shall use the same degree of care to protect this confidential information as he or she uses to protect his or her own sensitive and proprietary information, both during the term of his or her advisor membership and indefinitely thereafter.
- During the term of this Agreement and for three years following the Agreement, advisor will not, either directly or indirectly, divert, solicit, or attempt to solicit any person or entity who is a client of Willis Ventures, Inc., when this Agreement is terminated or whose accounts are serviced by advisor during the three-year period preceding termination of the Agreement.
- During the term of this advisor agreement and for three years thereafter, advisor will not solicit or contact in any way, any other abby + anna advisor or employee to become an independent contractor of any other direct sales company.
- During the term of the advisor agreement, an advisor will not promote, market or sell the products, services or programs of a competitive business. A business, program or activity is deemed “competitive” if it involves, or is related to the sales of leggings or clothing by another direct sales or advisor program.
- Advisor shall not disclose any of the aforesaid confidential information or trade secrets, directly or indirectly, nor use them in any way, either during the term of this agreement or at any time thereafter, except as required in the course of this Agreement. All files, records, documents, drawings, specifications, equipment, and similar items relating to the business of Willis Ventures, Inc., whether prepared Advisor or otherwise coming into [his / her] possession, shall remain the exclusive property of Discloser and shall not be removed from the premises of Discloser under any circumstances whatsoever without the prior written consent of Discloser.
Advisor agrees that any judicial authority construing this paragraph will be empowered to sever any portion of the client base or any prohibited business activity from the coverage of this paragraph and to apply this paragraph to the remaining portion of the client base or the remaining business activities. Advisor and Willis Ventures, Inc. intend that this paragraph be enforced to the maximum extent permitted by law. If any provision of this paragraph is not specifically enforceable, Willis Ventures will be entitled to recover monetary damages as a result of the breach of such provision by Advisor.
Sponsoring other advisors. Advisors may sponsor others persons to join our advisor program within the 50 United States, Puerto Rico and Guam. advisors earn commissions and performance bonus rewards based of the sale of our products not merely from sponsoring other advisors. Sponsors must always present abby + anna’s boutique to others in a manner that complies with the advisor agreement. In addition, sponsors are responsible for assisting, motivating, and training their downlines. Accordingly, sponsors MUST:
- Provide prospective advisors with a copy or access to the current advisor agreement.
- Ensure the prospective advisor complete and submit the advisor application themselves.
- Train and communicate to their downlines to ensure that their downlines do not make improper product or income claims, engage in illegal or inappropriate conduct or otherwise violate the advisor agreement.
- Assist, motivate or train their sponsored advisors by having ongoing contact and communication.
To remain successful, a sponsor must abide by these rules. If they do not, they are at risk for losing their downlines. A sponsor is at risk for losing a team member if found in violation of these rules. This includes, but is not limited to:
- Inactivity, defined as no sales in (3) months;
- Lack of communication, if documented attempts to contact have been shown with no or little response an advisor can request to move to a new sponsor. At least (3) separate attempts need to be made; and
- Unethical activity.
Links To Other Web Sites. Our Service may contain links to third party web sites or services that are not owned or controlled by Willis Ventures, Inc. Willis Ventures, Inc has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Willis Ventures, Inc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Limitations of Liability. WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL WILLIS VENTURES' CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
Indemnification. You hereby agree to indemnify and hold harmless Willis Ventures Inc, and its subsidiaries and advisors, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the advisor trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
Entire Agreement. The parties understand and agree that this Agreement is the entire Agreement between the parties regarding the terms and conditions herein. The terms of this Agreement may not be varied, modified, supplemented or in any other way changed by extraneous verbal or written representations by the Company or its agents, but only by a writing signed by both parties.
Governing Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Michigan.
Welcome to our advisor program. Happy Selling!