DELUVIA SKINCARE & DEMURE COSMETICS AFFILIATE AGREEMENT The purpose of the Deluvia Affiliate Program is to give individuals who love our products the opportunity to sell them. Within this Agreement, the Deluvia Affiliate will be referred to as the “Rep.” Within this Agreement, Deluvia and all subsidiary products (including but not limited to Demure mineral make-up, Deluvia Dead Sea skin care) will be referred to as the “Company.” The Deluvia Affiliate wants and agrees:1. To promote and sell Deluvia® (“Company”) and its product lines direct to consumers.2. To maintain a high level of honesty and responsibility in dealings with the Company and its customers. Rep also agrees not to make promises or claims which would impair the reputation or goodwill of the Company. Rep agrees to hold the Company harmless from damages resulting from misrepresentations by Rep.3. If Rep wants to sell products on a website or blog site, the pricing structure must match the prices on www.DeluviaUSA.com. Rep may not sell Deluvia products on internet auction sites (such as Amazon, EBay, Overstock, etc).4. Rep understands that the display and sale of Company products in retail establishments, flea markets, craft shows, etc is in violation of this Agreement unless prior written approval is obtained.5. As an independent contractor, Rep assumes sole responsibility and liability for all self-employment income taxes and any other reports required to abide by local and federal laws governing Rep’s sales.6. Rep understands that as an Independent Contractor they are not an agent, partner, or employee of the Company.7. Rep agrees to comply with any future changes to the General Terms and Conditions of this Deluvia Affiliate Agreement that may be made by the Company.8. Rep agrees that any unresolved dispute relating to this Agreement will be resolve by a mediator in Clearwater, Florida.9. If a Rep is found to be using this Program in order to buy products only for themselves, their Affiliate status will be cancelled.10. Rep's “Do List"•Act as a professional who has care and knowledge.•Work as a team with Deluvia.•Use the product yourself, and also keep note of success stories from customers.•Feel free to ask for help about our products or any other technical concern that might come up.•Give us feedback on anything you feel could improve your sales, or that might be hindering them.11. Rep's “Don’t List"•Answer a technical question if you don’t really know.•Promise that a product will cure a disease or otherwise overstate the product’s uses.•Get into discussions comparing our products to other products. Simply pitch our products and let the customer do the comparing.12. AVOID MAKING CLAIMSIt is of extreme importance never to state that any of our products will cure or improve any physical or medical condition whatsoever. Sales, promotional, and advertising claims are strictly monitored and regulated by the Food & Drug Administration (FDA) and Federal Trade Commission (FTC). These are government agencies designed to protect the public and consumers from false, misleading, or fraudulent products or claims. Local and Regional government legal offices, such as the District Attorney Office and Department of Consumer Affairs assist the federal government to enforce applicable laws and issue penalties when violations are found or reported. As with any such government agency, one may or may not agree with the exact laws or methods of regulation, but this is the arena we are operating within, being in the beauty & cosmetics industry. So the name of the game is to at least know the existing rules and don’t violate them or do anything that might raise a red flag of alert that could bring these agencies onto our lines. We have a copy of the guidelines booklets that are put out by these agencies, summarizing the regulations. You can also do your own research on this if you wish to be fully knowledgeable on this subject. We will herein express to you our understanding, policy, and data, which will enable you to sell our product and give you an idea of what you can or cannot say about Deluvia products. Ultimately, it is okay to generally tell customers that it will improve their appearance from a beauty or cosmetic viewpoint. There are also a few common conditions that are not necessarily considered medical conditions, or are basically more vague, such as “dry skin”, “rough skin”, “sensitive skin”, “oily skin”, “calluses”, “surface imperfections”, and so forth. You can mention that our products may help reduce or improve these conditions, as long as they are not serious conditions or something that might otherwise require a doctor’s attention. You can also use other expressive adjectives like “looks excellent”, “looks great”, “awesome”, “unbelievable”, “feels really nice”, “better than ever”, and so on. Any descriptions or comments must not overtly or even subtly imply that our products will make a problem or condition go away. Be careful not to use words or comments that cross this line, such as “cure”, “heal”, “eliminate”, “handle”, “gone”, “go away”, or “disappear”. Be careful with words such as “therapy” or “therapeutic”, which can generally be used to describe cosmetic benefits, although these words could technically also be associated with being curative or healing. So only use them in context of improving one’s beauty and not one’s health. Believe it or not, using our own customers’ testimonials, success stories, your own experience, other cosmetic company’s research or results, or even historical or well-known facts, are all violations when it comes to stating or implying that our product will handle an ailment. We haven’t yet done the specific scientific studies on our product that would make this acceptable to the FDA. The FDA will hold you, as an individual, responsible for any verbal violations along this line. We, as a company, are also held completely responsible and liable for anything you say or do in violation of these laws. Let’s work together to keep us both out of any potential hot water.Simply don’t fall into the temptation to make claims. Though it may seem like this would improve your sales, we have found by test and statistics that we sell more when we simply push the ‘beauty’ and ‘cosmetic’ selling points, as compared to stating ‘ailment’ handlings.We may eventually be able to invest the big bucks that are necessary to scientifically or clinically test our products and validate their effectiveness in treating specific ailments. There are guidelines for how to do this in a method that is recognized by the FDA. Until then, we have no choice but to treat our products as cosmetic rather than medically therapeutic. This is totally acceptable per the FDA.It’s not always “black or white” as far as the acceptable way to present or say things. There’s always a chance of trouble or danger when you get in front of people and try to help them, regardless of whether your product is really good or not. There is no exact definition of perfection along this line, and you will likely always step into a “gray area” to some degree when telling a customer what our product does.The more you do this game, the more familiar you will get with various types of customer personalities and situations, and the better you will be able to judge what is appropriate or not. We just ask you to do your best to follow these general guidelines and maintain an acceptable ethics and integrity level as a salesperson in the beauty industry. Let us know of anything unusual you run into or anything you feel we should be made aware of on this subject.As a rule of thumb, we have found that when it comes to ailments – if you don’t bring it up, the customers will rarely bring it up. In other words, never incorporate anything into your presentation that approaches the subject of ailments or medical claims, and you’ll find that the customer won’t get the idea to bring them up.Anytime an affiliate falls into the habit of implying claims to create sales interest, it is usually a crutch to make up for their uncertainty about selling cosmetic products. Trust us, the main thing that the majority of customers are seeking is cosmetic benefits. If you find yourself feeling the need to make claims with a particular crowd, get help from your sales supervisor instead and work to improve your sales techniques. Also, the more you go overboard on how many things our product handles, the more suspicious many customers get as to our validity. You may be losing as many sales as you make by overstating claims or benefits.So keep it simple and stick to the basic cosmetic benefits. Customers will believe these and it is enough to make plenty of sales for yourself, and make very satisfied repeat customers. If a few or more customers happen to get additional or medical benefits along the way, that’s an added bonus, but is most definitely not necessary to our survival or success whatsoever – for the company, or for you as an individual salesperson.Competition ClaimsIt is just as important not to make any negative claims about any of our competitor’s products. This is true for both legal and sales reasons.If you make any negative claim about a competitor’s product we can be put in the position of having to prove that claim. It might set us up to be penalized for making false claims .If you say anything negative about a competitor or their products during the sale it can be detrimental to your sales volume. Negative comments do not encourage a positive attitude. And generally customers don’t want to hear them. Customers want to hear about the benefits and advantages of your product. So again, keep it simple and stick to the benefits and advantages of the products you are selling. That is the information the customers want and why they approached you. DELUVIA (“Company”) AGREES:1. Commission payments will be paid to the Rep via Share-A-Sale’s/ AWIN direct deposit system. 2. No geographical territories or limits concerning sales are placed on Rep.3. Rep has the option to cancel this Agreement at any time with written notice.4. If a Rep’s customer returns product for refund any commission paid to the Rep will be deducted from future commissions. All commissions are tracked and are available to view on the Share-A-Sales platform.5. The Company is not responsible or liable for the statements, acts or omissions on the part of the Rep.6. Rep should understand Deluvia’s Return/Exchange Policy. DELUVIA RETURN POLICY It’s our intention that you will love our products and keep coming back for more. But if for some reason you are not happy with the product you purchase from us for whatever reason, we offer either a refund or an exchange of your purchase price (minus shipping). Simply mail back your purchase within 60 days, to the attention of our ‘Returns Department’ and we’ll take care of it for you. Please note that only products purchased directly from Deluvia are eligible for returns. Items purchased from any other store or website should be returned or exchanged from where they were purchased from. Orders returned within 61 to 90 days will be eligible for an exchange or credit on account only. 7. Rep should understand Deluvia’s Shipping Policy. DELUVIA SHIPPING POLICY Our orders are shipped within 24 hours Monday – Friday 9 am to 5 pm EST. Orders placed late Friday and over the weekend are shipped out Monday morning. Carriers: We use USPS priority mail for the majority of our shipments but when needed, we also use UPS and/or FedEx.Order Tracking: If you provide us with an email address, we will email you your tracking information. Shipping Rates All orders of $50 or more ship free within the Continental U.S. Orders under $50 will be charged a shipping and handling fee of $7.95.For orders outside of the Continental U.S. please call our toll free number at 1-877-335-8842 so that we may provide you with a shipping and handling price in advance of your order. Back Orders: If an item happens to go on back order we will ship you the part of your order that is in stock and we will notify you via email or phone call regarding the back ordered item. When the item becomes available we will ship you the rest of your order. You will not be charged any additional shipping and handling for the second shipment.8. This Agreement along with any accompanying signed addendums constitutes the entire Agreement between both parties. If you need help or have any questions about your Deluvia Affiliate status, the Deluvia Affiliate Agreement or any other issues about Deluvia, please contact Gertie@DeluviaUSA.com. Or call M-F 1pm-4pm EST at 727-446-8785 or toll free at 1- 877-DELUVIA (335-8842).
