P&P

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Consultant Policies & Procedures Australia & New Zealand Last Modified: October 21, 2015

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P&P for Australia To search through the Policies and Procedures, hit control/command + F on your keyboard and enter the search term in the box that comes up.

Table of Contents PRACTISING THE JAMBERRY VALUES Our Philosophy CONSULTANT STATUS AND QUALIFICATIONS Basic Qualifications Consultant Status Compensation Plan Title Independent Contractor Status One Name Per Agreement Continued Permanent Residence/Country Transfer Exclusive Territories/Solicitation of Overseas Business Consultant ID Business Entities NEW CONSULTANT DEVELOPMENT Income Claims Remote Sponsors Cross Border Agreement Cross Sponsoring Sponsor Reassignment Compression Reactivation Policy Team Manager Level Responsibilities Minimum Leadership Support Requirements Commissions Policy and Payout Timelines Account Holds Suspension of Contractual Obligations No Product Purchase Required ANNUAL RENEWAL OF CONSULTANT AGREEMENT Personal Website Annual/Quarterly/Monthly Renewal EXCLUSIVE PROMOTION OF PRODUCTS Exclusive Promotion of Products as an Executive LICENSES TRANSFERABILITY INHERITANCE OF BUSINESS ETHICAL CONDUCT LEGAL COMPLIANCE CANCELLATION OF CONSULTANT AGREEMENT Resignation Cancellation Home Office Termination Effect of Termination Events Upon Termination Of This Agreement Buy-Back Policy CORPORATE MARKETING, LEADS AND ASSIGNMENTS TAXES Income Tax Taxbot Sales Tax INSURANCE ADVERTISING, PRESS, TRADE MARK AND PUBLIC IMAGE PROTECTION

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Repackaging Or Relabeling Training Materials Liability Trade marks Advertising and Press Press Contacts and Leads Media Promotions Phone Listing Policy Checking/Charge Accounts

INFORMATION DISTRIBUTION Sharing New Products/Catalogues/Information ONLINE COMPLIANCE Marketing and Naming of Personal Websites Restricted Use of Jamberry Trade marked Name Use of Jamberry in URLS Use of Jamberry in Email Addresses or Social Networking Names Use of Jamberry Confidential Information – Names, Addresses, Emails Social Networking Pages on Facebook and More Solicitation of Business on Facebook, Consultant Facebook Group, Twitter or Other Sites Sales Through Auction Sites or Other Internet Sites Marketing Through Personal Blogs and Other Sites Online Affiliates PURCHASE AND SALE OF PRODUCTS Sales Presentations Blanket Discounts Bonus Buying Starter Kit Credit Closing Parties and Customer Delivery Retail Purchase from a Consultant Third-Party Consumers Customer Cancellation Transfer of Title Customer Refunds and Returns Missing Order Reporting Customer Order Forms Territory Restrictions International Sales International Distribution Out of Stock Products Retail Outlets Non-Retail Businesses Mail Order Consultant-To-Consultant Sales Policy Rental Space International Distribution Marketing Materials Credit RETURNS EVENTS Best Practises – Opportunity Events Best Practises – Training Events Temporary Sales Events Assistance For Hearing Impaired At Home Office Events GENERAL PROVISIONS Website Downtime Contractual Remedies Acts of Household Members Grievances and Complaints Reporting Policy Violations Amendments

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Telephone Solicitation Waiver Entire Agreement COMPANY ADDRESS AND CONTACT INFORMATION

PRACTISING THE JAMBERRY VALUES

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At all times, Consultants must:

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Conduct themselves with the highest level of ethics, integrity, and professionalism. This includes maintaining professionalism and being courteous with customers, other Consultants, and members of the Home Office team. Act in good faith at all times. Integrity is a fundamental value at Jamberry. Not discriminate against any individual because of age, race, creed, colour, sexual orientation, or any other legally protected status. Discrimination will not be tolerated.

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Provide helpful customer service with the intent of developing long-term customer relationships. Refrain from making disparaging comments or gossiping about others.

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Abide by all the provisions listed in the Independent Consultant Agreement. The Independent Consultant Agreement can be found here: www.jamberry.com/consultant_agreement

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Abide by all the guidelines in the DSAA Code of Practice, which can be found here: DSAA Code of Practice

Abide by all the guidelines listed in Consultant Workstation to ensure it remains a positive and supportive environment.

OUR PHILOSOPHY For building a great social selling business, there is no substitute for leveraging YOUR social network. Home Office leads should not be expected and are not a way to build a personal business. Although marketing, such as press events, will be managed by Jamberry, this media coverage may be used by you to build excitement and market your business. The Leads and Assignments policy has been designed to provide prospective customers and Consultants with the best possible local experience. Jamberry Home Office allocates Leads and Assignments. This is done with the utmost integrity to Consultants whom we deem to be exemplary members of the Jamberry team and whom we believe will provide the best support and leadership to our customers and new Consultants.

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• A "Lead" means a request made by a customer for more information about Jamberry, interest in hosting a

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Home Party, or learning more about the opportunity to become a Consultant. • An "Assignment" means a new Consultant who signed the Jamberry Independent Consultant Agreement but has not indicated a Sponsor.

Leads and Assignments will be given when you meet the following qualifications:

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Embody the core values of Jamberry and is an exemplary member of the Jamberry community. Have a full-functioning, not Hobbyist, Jamberry Personal Website. If you elect to be a Hobbyist, you are not

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included in search results since you do not have a Personal Jamberry Website. Earn the pay rank of Lead Consultant or above in the previous month for leads interested in learning more

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about the Consultant opportunity. Qualify in the previous month for leads interested in hosting a Home Party.

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Sponsor one new Consultant and meets the Minimum Leadership Support requirements. (See Minimum Leadership Requirements)

Leads and Assignments usually come from customer and Consultant applicants who visit our official corporate Website, www.jamberry.com. While on the Website, a potential customer or Consultant applicant may learn more about products and Consultant opportunities. A customer can select a Consultant in their local area, for whom to host a party or from whom to purchase products. Likewise, a Consultant applicant who does not have a Sponsor can select from a list of potential Sponsors. These online searches populate a list of Consultants with the qualifications listed above. In addition, different types of searches are populated with the following specific groups of Consultants

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JOIN Post Code: Lead Consultants and above. HOST: Consultants must have had a $300+ party anytime in the last two months. SHOP: All Consultants who had any sales within the previous two months. NAME: All Consultants.

Jamberry does not make exceptions to this policy and we are under no obligation to provide history or explanations for our Lead and Assignment allocations. We also have the right to transfer any Consultant who was a Corporate Lead to another team if we determine the Consultant is receiving inadequate coaching as per the Minimum Leadership Support requirements. Jamberry encourages you to advertise your Personal Website in online blogs, social media sites, and other commercial Websites as much as possible to drive online sales. However, please note that we have specific rules around online advertising that include:

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Compliance with our advertising and online policies. When you market your business, always refer to yourself as a Jamberry Independent Consultant to eliminate confusion between your Personal Website and the official Jamberry Website. You may never sell your products on any site other than Jamberry (this includes eBay, Etsy, or other auction sites).

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You may not offer blanket discounts in your ad as per the policy on Blanket Discounts (See Blanket Discounts). This refers, but not limited, to advertised discounts on social media. Discounts to lower the price which drive customers toward a Consultant and away from other Consultants is an unfair practise. You may not advertise, promote, sell or sponsor through other company catalogues or national magazines.

CONSULTANT STATUS AND QUALIFICATIONS Return to Table of Contents BASIC QUALIFICATIONS You became a Jamberry Consultant when you checked the box indicating your acceptance of the Jamberry Terms & Conditions during enrollment, also agreeing to and abiding by the terms in this document (Policies and Procedures). Checking the box is equivalent to an electronic signature. To become a Jamberry Consultant, you must be 18 years or older, be an Australian or New Zealand citizen or permanent resident, maintain your personal website, and be sponsored by a current Jamberry Consultant. If you do not have a Sponsor, you will be assigned one by the Company in accordance with our policy on assignments. In order to sign up with Jamberry, you must visit our website (https://www.jamberry.com/au/en/join) and submit the online registration form. This includes the electronic acceptance of the Consultant Agreement and your payment of A$143 for the registration fee and purchase of a Starter Kit.

CONSULTANT STATUS

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Consultant status is used to determine a Consultant's eligibility to receive bonuses, commissions, and rank advancements. Definitions of each status level are: Active, Hobbyist, In Progress, Cancellation and Resigned.

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ACTIVE At the beginning of each calendar month Consultants begin with the status of “In Progress” until they achieve 200 Personal Retail Volume (PRV). Once Consultants reach 200 PRV, they are considered Active and are eligible to receive any earned commissions from their downline, fast-start bonuses, matching advancement bonuses, or generational overrides. If Consultants have not achieved active status during a calendar month, they will remain as “In Progress” status. “In Progress” Consultants will not be eligible to receive any downline commissions, bonuses, or overrides. These Consultants will receive personal retail commissions from their personal and customer purchases.

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PRO-CONSULTANT

A Pro-Consultant is an active Consultant who is building a team and has access to a full functioning Jamberry website. A Pro-Consultant may place orders and host full parties (in-home or online). Pro-Consultants will have access to all areas of the Jamberry website according to their career title.

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HOBBYIST

Hobbyists are Consultants who do not maintain or build a team. They can place personal orders and sporadic orders for others. Selecting “Hobbyist” is a no-cost alternative for Consultants. Hobbyists will not have a personal website and will not have access to the workstation including visibility of their downline, reports, dashboard, trip tracker, outgoing messaging, party manager, visibility in post codes or party searches, access to training materials on back office, Cross Border Sponsor Agreements, etc.

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RESIGNED

Any Consultant who officially resigns from the Company, by providing written notice to the Company. See "Resignation" for details.

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CANCELLATION/DEACTIVATION Consultants must have a minimum of 600 PRV during any rolling 12-month period in order to remain a Consultant and keep their downline. If they fail to meet this requirement in any 12-month period, they will be cancelled which causes them to be removed from the Company downline organisation. After the Deactivation or Cancellation, the Consultant will no longer be a Consultant, but will convert to a customer. Their downline will be compressed to the next upline Consultant who is in good standing. This conversion will happen on the 15th of the month following the month of deactivation. If a Consultant wishes to reactive, please see the Reactivation Policy located in this document.

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TERMINATION

Applies to any Consultant who has officially been terminated by Jamberry due to non-compliant behaviours and/or actions, or for other reasons.

COMPENSATION PLAN Consultant commissions, bonuses, rewards, and titles are based upon the Jamberry Compensation Plan which is incorporated into this Agreement by reference. Please review the Compensation Plan for complete details. A copy of which can be reviewed here: www.jamberry.com/compensation_plan

TITLE Your Paid-As Title and Career Title are determined by your monthly sales activity (as calculated at the end of each calendar month) and primarily used for commission calculations and coaching information by the Company and your upline.

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PAID-AS TITLE Your Paid-As Title is determined according to the Compensation Plan and is based on a number of monthly criteria, including Personal Retail Volume ("PRV"), Team Retail Volume ("TRV"), Active Legs, and the Paid-As Titles of certain members of your team (as such terms are defined in the Compensation Plan).

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CAREER TITLE

A Consultant's Career Title ranging from Consultant through to Premier Consultant is their recognition title or the highest title they have achieved. When a Consultant achieves a Leader Career Title, Team Manager through to Elite Executive, the Consultant holds that recognition title until the next promotion or demotion. A demotion will occur if the Consultant has not reached the Paid-As Title at or above the Career Title within six months. If demotion occurs, the Consultant will assume the Paid-As Title to be the Career Title from the month following the six month period. If after achieving a Paid-As title of Team Manager or above and a demotion occurs, a Consultant will maintain the highest Career Title for six months. To maintain the title of Team Manager or higher, a Consultant must reach the Paid-As Title within six month. After six months, if a Team Manager, or a higher level leader, does not reach the Paid-As Title equal to the Career Title, the Consultant’s Career Title will be demoted to the current month’s Paid-As Title. (see Demotion Policy in Compensation Plan for other exceptions)

INDEPENDENT CONTRACTOR STATUS Independent Consultants are not employees of Jamberry and shall not be entitled to receive any benefits from Jamberry whatsoever. Jamberry is not required to make contributions for employment insurance, Workers' Compensation, superannuation and other similar levies in respect of payments to be made. You are fully responsible for paying all applicable federal and state withholding taxes, source deductions, taxes, insurance premiums, Workers' Compensation contributions and other levies, premiums, license requirement and fees related to your earnings and activities as a Consultant. An Independent Consultant is an independent contractor, and not an employee, agent, partner, legal representative or franchisee of Jamberry. You are solely responsible for paying all expenses incurred by yourself, including but not limited to travel, food, lodging, secretarial, office, long-distance telephone, and other expenses. You are in control of the manner and means of your performance. You have no power or authority to incur any debt, obligation or liability on Jamberry’s behalf. For further certainty, the specifics of your legal relationship with Jamberry are as follows:

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Control - Subject to the terms of the Independent Consultant Agreement, and other applicable laws, Consultants shall have complete control and discretion over the operation of their independent businesses including, without limiting the nature of the foregoing, how much or how little time they may devote to their businesses, and shall be entitled to establish their own business goals, business hours, and business methods, policies and procedures. With the understanding that the Consultant agrees to the Independent Consultant Agreement, the Policies and Procedures document will be the governing document for all

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interaction as a representative of Jamberry. Ownership of Tools – The Consultant shall be responsible for the ownership and acquisition of any business tools, equipment, assets, and expenses, and all business goods, services and intangibles that the Consultant, in her/his discretion, believes necessary for the operation of their independent business including, without limiting the generality of the foregoing, the location and appointment of her/his business office, business cards, letterhead, computer equipment, motor vehicle(s), and other tools and equipment

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(e.g., phone, office supplies etc.) which she/he alone deems necessary for operation of her/his business, all of which shall be established and/or acquired by the Consultant at her/his own expense. The Consultant shall also maintain such insurance, such as liability, fire and theft insurance, during the term of this Consultant Agreement for the benefit of his/her business, in amounts as she/he deems appropriate, and at her/his own expense.

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Chance of Profit/Risk of Loss – Jamberry and the Consultant agree that all expenses incurred by the Consultant in the operation of her/his business shall be incurred on her/his own account, and be her/his own responsibility. Jamberry and the Consultant also agree that the terms of the Consultant's compensation is entirely set out in the Jamberry Compensation Plan, and accordingly, the chance of profit and the risk of loss inherent in the Compensation Plan, and inherent in the operation of the Consultant's independent business, rests entirely with the Consultant, with no "expense reimbursement" or "minimum compensation"

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being offered or guaranteed by Jamberry whatsoever. No Power to Bind - While a Consultant shall be entitled to inform others that he/she is an Consultant engaged by Jamberry in an independent status, he/she shall at no time represent herself/himself to be an employee of Jamberry, and shall clarify with others, where necessary, her/his status as an independent contractor of Jamberry. The Consultant has no authority (expressed or implied), to bind Jamberry to any obligation, and shall not be construed as purchasers of a franchise or a business opportunity.

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No Creation of Employment, Agency, Partnership, Franchise or Joint Venture Relationship - The legal relationship between Jamberry and its Consultants is not intended to create, and does not create, an employer/employee relationship, agency, partnership, franchise or joint venture relationship between Jamberry and the Consultant.

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Treatment as Independent Contractor for Tax and Other Purposes - Accordingly, the Consultant will not be treated as an employee of Jamberry for any state or federal tax purpose, including any state or federal purposes (including, but not limited to: federal income tax withholding or reporting requirements, and other like taxes, and federal and state employment standards rules and workers' compensation purposes).

ONE NAME PER AGREEMENT Jamberry recognises one name per Consultant Agreement. A Consultant may utilise a support person in her/his business. However, the individual who holds Parties and has regular customer contact must be the individual whose name is on the Consultant Agreement. Further, Jamberry only permits one Consultant per household. A husband and wife, mother and daughter, or any other combination of individuals in a household may work together under a single Consultant Agreement, but only one Consultant Agreement per household is permitted. If this applies to you, you should determine in advance who will be listed as the Consultant for purposes of commission payments and communication with the Home Office who is only authorised to communicate with the individual listed on the Consultant Agreement about the specific account.

CONTINUED PERMANENT RESIDENCE/COUNTRY TRANSFER In order to retain your Jamberry Independent Consultant Agreement, you must remain a permanent resident in the country where you registered. The Consultant Agreement does not transfer to another country where Jamberry operates or may operate in the future. To transfer your Consultant Agreement to another country, you must complete a Residence Resignation form in your original country and sign a Consultant Agreement for the new country. Completing this documentation will allow you to retain your team from the previous country provided a Cross Border Sponsorship Agreement is approved. Additionally, Consultants must obtain a Cross Border Sponsorship Agreement to maintain a team across international borders. (See International Sales and Cross Border Agreement) Steps to take for changing your Permanent Residence:

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Contact the Jamberry Compliance Department at [email protected] to inform them that you will be

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changing your permanent residence status. Complete the Residence Resignation form

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Complete the Cross Border Sponsorship Agreement

After completing these steps, the Jamberry Compliance Department will ensure that your team and customers are retained.

EXCLUSIVE TERRITORIES/SOLICITATION OF OVERSEAS BUSINESS No franchise is granted and there are no exclusive territories for sales or sponsoring purposes. You may only arrange for sale within Jamberry's current area of operations in your own country of residence. You may not solicit business from other countries and/or neighbouring territories, unless Jamberry is operating in that area and you have completed a Cross Border Agreement.

CONSULTANT ABN All Consultants who reach A$10,000 in annual income will need to obtain an Australian Business Number (ABN) from the Australian Taxation Office. Annual income means any income you receive as a Consultant through commissions and other bonuses between July 1 - June 30th of any given year. Jamberry will use this number for GST reporting purposes. An ABN must be submitted to Jamberry through the workstation before you reach A$10,000 annually. If this number is not received, Jamberry will hold all of your commissions until this requirement is met. Jamberry recommends that you obtain independent advice on this point.

BUSINESS ENTITIES The Company will accept Agreements from partnerships or corporations so long as such business entities are legally organised and recognised under Australian law.

NEW CONSULTANT DEVELOPMENT

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As a Jamberry Consultant, you may sponsor Jamberry Recruits and build a team. Should you choose to sponsor Consultants, you are responsible to provide adequate training and consistent communication to those you Sponsor, just as you would want provided to you. A variety of tools exist to aid you in making your training simple and effective. These tools include our weekly Consultant Newsletter, Compensation Plan, online training materials and videos.

INCOME CLAIMS Australia has laws which prohibit engaging in misleading and deceptive conduct and making false representation in respect of income claims. To avoid compliance issues with these laws, you may not make income projections or disclose your own compensation when presenting the Jamberry program. [Hypothetical income examples that are used to explain the operation of the Compensation Plan and that are based solely on mathematical projections may be made to prospective Consultants, as long as it is made clear that the examples are hypothetical.]

REMOTE SPONSORS When sponsoring long-distance, Sponsors are strongly encouraged to provide training support and recognition to their sponsored Consultants. Using notes, handouts, video and Skype during team meetings are effective ways to include remote Consultants in place of live, local training and/or meeting attendance. The Sponsor is encouraged to:

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Meet Minimum Leadership Support Requirements (see Leadership Support Practises)

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Provide all training and support via phone, email, or other effective communication methods and

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technologies. Arrange with a Consultant in her/his remote area to have the remote Consultant attend a local meeting or training session, if available.

CROSS BORDER SPONSOR AGREEMENT After Jamberry opens a new area of operation, you may apply for a Cross Border Sponsorship Agreement. This agreement will allow you to recruit/build a team across international borders. To receive approval, you must complete and submit the Agreement with the associated fee to Home Office. The Cross Border Sponsorship Agreement can be found online at www.jamberry.com/consultant_cross_border. A CBS agreement allows you to establish a team and customers across international borders. Even with a Cross Border Sponsorship Agreement in place, you are only permitted to create parties hosted by yourself or by someone in your country of residence, as determined by the address of your Jamberry Consultant account. A Cross Border Sponsorship Agreement is not necessary to establish a customer base internationally.

POACHING RECRUITS Encroachment on another Jamberry Consultant's recruit or recruit lead is prohibited. Poaching is actively seeking out a Consultant in a different line of sponsorship or a potential recruit with whom another Consultant is working. This would also include the use of a spouse or relative's name or assumed names to circumvent this policy. You may not demean, discredit or defame other Consultants in an attempt to entice a consultant or potential Consultant to become part of your team.

SPONSOR REASSIGNMENT In order to protect your rights and the rights of all Consultants who work hard to sponsor and mentor others in the business, Jamberry does not allow the transfer of a Consultant from one Sponsor to another, except under certain situations. As a general rule, you are responsible for your own success as a Consultant. Additionally, the Jamberry organisation is structured to give you access to multiple layers of support from your Upline, making a difficult or less responsive Sponsor a less significant hurdle to your progress. You may change your Sponsor within the first 24 hours after initial registration, for any reason. To do this, you will need to contact Support within the first 24 hours, via phone or ticket. Within the first 24 hours all Sponsor reassignment requests will be granted automatically. After the first 24 hours, you will have four additional days to request a Sponsor reassignment. After the request is made, the Jamberry Compliance department will seek permission from your current Sponsor and intended Sponsor. If permission is given by both parties, the reassignment will be granted. A lack of response from a Sponsor will be considered an agreement to the reassignment request. A Sponsor reassignment will also happen if your Sponsor chooses to become a Hobbyist. At the point, your Sponsor's team (including yourself) will compress up to their Sponsor, on the next compression date, which is after the 10th of the following month. Outside of the above policy, the only reason a request will be approved is due to legal action.

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LEGAL ACTION A sponsorship change will be permitted after the 5 day window allowed for Sponsor reassignment upon initial registration, under the following circumstances:

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When you or your Sponsor has a legally binding restraining order against the other

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When a police report has been filed involving threats of violence by one against the other When any similarly binding legal document from a governmental court, or law enforcement agency would suggest no contact should occur between you and your Sponsor

COMPRESSION Compression occurs when a Consultant who has sponsored a team is either cancelled, resigns, or is terminated. At the time of a Consultant's cancellation, resignation, or termination every Consultant below her/him will be compressed up to the next active Consultant with a full functioning, not hobbyist, website in the cancelled or resigned Consultant's upline. This happens after the 10th of the following month after the Consultant cancels or resigns. If a Consultant who was paid-as an Executive or higher in the last four months is cancelled, resigns, or is terminated, her/his downline will only be compressed under the following conditions:

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If the Personal Sponsor has been paid-as an Executive or higher at least once in the last four months, then the downline will immediately be compressed up.

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If the Personal Sponsor has not been paid-as an Executive or higher at least once in the last four months, then she/he will be given the following six months to be paid-as an Executive or higher at least twice. For example, if the Consultant promotes to Executive in the sixth month, she/he will be given the following month to qualify as an Executive again (to meet the two months of being paid-as Executive or higher).

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If the Personal Sponsor qualifies under these conditions, then the downline of the cancelled Consultant will be compressed up upon the completion of the qualifications.

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If the Personal Sponsor does not qualify under these conditions, then the position of the cancelled Consultant will remain permanently vacant.

REACTIVATION POLICY A Consultant who is cancelled because they did not achieve 600 PRV within a rolling 12 month period may not reactivate for six months from the date of deactivation. If the Consultant has met the minimum wait period of they will repurchase a new starter kit and begin as a new Consultant without his/her former downline and title. If a Consultant wishes to join under a different sponsor, they must cancel/resign, wait for a minimum of six months, and purchase a new starter kit before reapplying. She/He will start as a new Consultant, without the former downline and title. A Consultant who wishes to reactivate must contact Support at [email protected]. Consultants who were terminated by the Home Office may not reactivate at any time, except with the express consent of the Home Office. The Home Office reserves the right to deny a request for reactivation.

MINIMUM LEADERSHIP SUPPORT REQUIREMENTS As a Jamberry Sponsor you are encouraged to:

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Actively practise the Jamberry Values as described in this Agreement (see "Practising the Jamberry Values).

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Actively engage in goal setting and mentoring with new Consultant.

Exemplify the cornerstone of Jamberry leadership by maintaining an active and consistent home Party schedule.

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Offer training to the new Consultant by phone or in person within 1 week of the new Consultant signing up to be a Jamberry Consultant. The sponsor should offer several reasonable time slots and be prepared for the training.

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Allow any new Consultant in your downline to attend a Home Party that you are leading or that someone else on your team is leading within 45 days of the new Consultant's activation. Remote Sponsors who live 80 kilometres or more away from you should be supported by phone. Return phone calls or emails within three business days unless you pre-notified your downline of vacation during which you will be unavailable. Attend planned meetings and trainings for which you did not call in advance to reschedule or cancel. Communicate with your downline monthly by email, phone or in-person meetings to check in with the downline on business goals and progress.

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Lead Executives and above are to hold an in-person Area Meeting, once per quarter open to all Consultants within the area regardless of downline genealogy.

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Disseminate information from the Home Office to your downline in a timely manner.

TEAM MANAGER LEVEL RESPONSIBILITIES Consultants who achieve the Team Manager pay level may be asked to sign an Addendum to the Consultant Agreement. Consultants must submit the signed addendum to the Home Office within 15 days after the month of promotion. (For example, if you promote on March 28, you must submit the Addendum on or before April 15 to be paid as a Team Manager in April). Consultants who do not execute the Addendum at the time of promotion can choose to execute the Addendum at any time in the future, provided they allow 30 days advance notice. (For example, a Consultant who signs the agreement after the 15 days, on April 16, will not be paid at Team Manager until the following month, May.) Consultants can opt out of the Team Manager's Addendum by sending an email to the Home Office at any time. Please allow up to 30 days’ to process the request. Consultants may only execute the Addendum once during a 12 month period. The purpose of the Addendum is to commit Consultant's with the Career Title of Team Manager or above to additional leadership requirements and expectations, among other things.

COMMISSIONS POLICY AND PAYOUT TIMELINES Consultant commissions, bonuses, rewards, and titles are based upon the Jamberry Compensation Plan which is incorporated into this Agreement by reference. Please review the Compensation Plan for complete details, a copy of which can be reviewed here: www.jamberry.com/compensation_plan • Commissions on your personal retails sales are paid based on the retail value of the products sold. All other commissions, overrides, and bonuses are based on the commissionable amount of the product. • Commissions do not apply to the sale of Consultant-only items (e.g. Starter Kit, business supplies, promotional items, etc.). A commission of 30% will be paid weekly by 11:59 p.m. MT (Utah) each Friday for your personal retail sales completed during the period from Wednesday at 12:01 a.m. through Tuesday at 11:59 p.m. MT, i.e. the period ending three days before the commission is paid out. All personal sales bonuses, level overrides, advancement bonuses, matching bonuses, and generational overrides will be paid monthly on or before the 10th of the month as described below. If you are receiving your payments by cheque (and not JamberryPay), your personal retail sales commissions will be paid monthly, not weekly. End-of-Month Payout: All sales bonuses, level overrides, generational overrides, and other payments will be paid monthly. Your end-of-month payout will be deposited on your card, on or before the 10th of the following month. If the 10th falls on a weekend or public holiday in Utah, the commissions will be paid on the next business day in Utah.

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• From time to time, we may put items on sale as a promotional discount. These special sale items are commissionable on the sale price of the item and not the regular retail price. • Marketing Materials Credit, if earned, are credited within 5 to 7 business days after the commission period (see chart in "Marketing Materials Credit"). Please do not call to inquire before this time has passed. Promotions occur after the first of the month following the month when all qualifications are met. Fast Start Rewards are issued weekly and are typically paid within five business days of when they are earned. • If you have any issues or discrepancies with your commission report, they must be reported by the end of the calendar month following the month for which the commission was issued. For example, if you have a concern about September's commission, which you would have received by October 10th, you must report that issue to the Home Office by the end of October of that same year. Issues reported after that timeline will not be researched or adjusted. Send your requests via email to [email protected]. • Online earnings reports list the amount of the commissionable product your downline has ordered each month. If overpayments are made, amounts will be deducted from future payouts. • If you elect to not be paid your commissions via the JamberryPay Debit Card, then your commissions will be issued by check. Commissions paid by cheque will incur a $2.00 per cheque processing fee. • Commissions payable by cheque are issued only if $30 or more is due. Commissions totalling less than $30 will be added to the next month's commission and issued when accumulated commissions total more than $30. • If you fail to renew your Consultant Agreement due to inactivity or failure to meet minimum sales requirements, or if your Consultant Agreement is terminated, you will receive bonuses and commissions only for the last full pay period prior to the termination (less any amounts withheld during an investigation preceding an involuntary termination). • A Consultant is a self-employed, independent contractor of Jamberry. As the Consultant is not an employee of Jamberry, each January 31st, they are responsible for lodging their own tax return and registering for GST, where relevant.

ACCOUNT HOLDS Jamberry may, at its option, place a Consultant's account on hold for money owed to Jamberry or for violation of other policies listed in these Policies & Procedures. If an account is placed on hold, the Consultant may be prohibited from placing orders, receiving all or a portion of commissions, registering for Conferences or other corporate events or obtaining other Consultant benefits until the account is current and/or all Policy and Procedure violations have been corrected; or, if the Consultant is in a requalification period, until the requalification period has expired.

WAIVER OF CONTRACTUAL OBLIGATIONS In certain circumstances, Jamberry may agree, at its absolute discretion, where it considers there to be good cause to allow, as a matter of contract, a Consultant to waive their contractual obligations to the Company on various grounds, such as becoming a new parent or particular or personal issues, provided the total time during which the contractual obligations remain waived does not exceed three months in any one twelve-month period. The Company shall provide written confirmation to the Consultant of its consent to any waiver of the Consultant’s contractual obligations. Consultants may request to waive their contractual obligations once every twelve months. The twelve-

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month period to determine eligibility for waiving their contractual obligations begins at the end of the last month of any prior waiver period, if any. To request a waiver of their contractual obligations, Consultants can notify Jamberry by emailing [email protected]. A waiver by the Company in a particular circumstance does not mean that the Company will grant a waiver in the same or similar circumstances on another occasion. If a Consultant has earned the rank of Premier Consultant or below for two of the three months prior to requesting a waiver period, the Consultant's account will be placed on hold during the waiver period. The Consultant will not be required to meet the Personal Commissionable Volume (PCV) requirements to stay active or to maintain a team. During the waiver period, however, the Consultant will not be able to access her/his account, place orders, or receive any form of commissions. If a Consultant has earned the rank of Team Manager or above for two of the three months prior to requesting a waiver, the Consultant's account will not be placed on hold. Rather, the Consultant will have access to the Consultant Workstation and personal website during the waiver period. The Consultant will be able to make and receive retail orders and be paid on personal retail commissions only. The Consultant will not be required to maintain the PRV requirements needed to remain active or to maintain a team. Jamberry reserves the right to review requests for the waiver of obligations on a case-by-case basis to ensure that this policy is not abused.

NO PRODUCT PURCHASE REQUIRED There is no financial or product purchase requirement to become a Consultant or to enter, maintain, or advance in the Compensation Plan. In order to familiarise new Consultants with the Company’s products, sales techniques, sales aids, and other matters, and for the sole purpose of facilitating sales, Consultants are required to pay a registration fee which includes a Starter Kit. The Company also requires that each Consultant maintain a Personal Website and back-office workstation, so the Consultant can have visibility into her/his performance and that of her/his team. The Company sells a Starter Kit to new Consultants and makes the Consultant website and back-office workstation available to Consultants at or below its cost price. Any products Consultants choose to purchase, including the Starter Kit, and Business Supplies may be returned for refund under the terms of the "Buy-Back Policy" below. The Starter Kit does not contain any commissionable products. Any products Consultants choose to purchase in connection with becoming a Consultant are optional. An annual renewal fee, if any, is subject to change in the future without prior written notice. The renewal fee may be subject to taxes in accordance with any applicable law and must be paid in currency (business credits may not be applied). If a renewal fee is required, Consultant must pay her/his renewal fee online and agree to the latest terms in the Consultant Agreement. Payment of this fee will constitute an agreement to the terms of the latest Consultant Agreement and allow the Consultant to remain as a Jamberry Consultant for an additional 12 months, until the next renewal date. If no renewal fee is required, then Consultant's continuing to sell Jamberry products shall constitute the Consultant's agreement to the latest Consultant Agreement and Policies and Procedures. Failure to pay the annual renewal fee, if any, by a Consultant will result in the deactivation of that Consultant on the first date of the month following the renewal month.

ANNUAL RENEWAL OF CONSULTANT AGREEMENT

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Contents Renewal dates will be the last day of the month one year following the month of the Consultant's start date. If a Consultant has a start date of November 2015, her/his renewal date and renewal payment due date, if any, is the last day of November 2016; i.e. November 30. Consultants will automatically be renewed for a year if they are in good standing under these Policies and Procedures, have a minimum of 600 PRV in the previous 12 month period (see Cancellation), are maintaining a Personal Website, are current in the payment of any personal website fees, and

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agree to any updated Consultant Agreement. There are no fees to renew this agreement, provided however, that the Company reserves the right to change this practise in the future. Any such fee would be at or below the Company's cost for providing Consultants with services to facilitate sales including updated official Company materials.

PERSONAL WEBSITE ANNUAL/QUARTERLY/MONTHLY RENEWAL A Consultant may create a Personal Website and to have access to the Consultant back-office workstation. The cost of this service for your join month plus the first three full calendar months after your join month are included in the new Consultant registration fee. On the first day of your fourth full month as a Consultant, the credit card on file will be charged for either a monthly fee of ten dollars, a quarterly fee of twenty-seven dollars, or an annual fee of ninetyseven dollars depending on which option you've elected. The Personal Website Fee will be automatically charged either monthly, quarterly, or annually without further notice. Your Personal Website Fee must be current to qualify for monthly commissions payouts. Your workstation will provide an option for you to select the frequency of your payment and to select your preferred payment method. Any Consultant with a Career Title of Executive or higher will receive her/his Personal Website at no charge. No refunds will be offered to any Consultant who achieves the rank of Executive or higher during any period in which she/he has already paid for the Personal Website (whether monthly, quarterly, or annually). Refunds for the Personal Website will be provided according to the Company's Buy-Back Policy.

EXCLUSIVE PROMOTION OF PRODUCTS

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You are an independent contractor. The Company imposes no restrictions on any Consultant's participation or sales activity in other businesses. However, promotion of other competitive business ventures is prohibited at Jamberry Home Parties or in communication with the Company's customers and any competing direct-sales business (e.g. companies that offer finger or toe nail products as one of their offerings) is not allowed.

EXCLUSIVE PROMOTION OF PRODUCTS AS AN EXECUTIVE Should you advance to the Executive Career Title or above, active or public participation in any other direct-selling venture is no longer permitted. Once you achieve the Executive Career Title for the first time, you will have three months to wind down your active participation in other direct selling ventures. After the three month transition period, Executives (or higher) will no longer be permitted to actively recruit for or market any other direct sales company. This restriction does not prohibit you from belonging to or purchasing products from such direct sales company. Violation of this policy will result in ineligibility to receive generational overrides, advancement, and matching bonuses for a minimum of three months. An Executive will still be eligible to receive level overrides, personal sales bonuses, fast start bonuses, and marketing materials credit. Please review the Compensation Plan for a complete list of Career Titles. A copy of the Compensation Plan can be reviewed here:

www.jamberry.com/compensation_plan

LICENCES

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Some local governments might have rules that restrict the way you conduct your Jamberry business. Contact your local government office to determine if any business licences are required. Also, if you live in a residential development, check with your owners’ corporation or body corporate to determine if there are any limitations on conducting business activities in your home.

TRANSFERABILITY

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Neither this Agreement nor your Jamberry business may be transferred or assigned by you or operated in partnership

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with any other person. Jamberry reserves the right to re-assign this Agreement at any time. On a case-by-case basis, Jamberry may allow a one-time transfer of your Jamberry business to a legal entity owned by you. (See Business Entities and/or Inheritance of Business)

DEATH/INHERITANCE OF BUSINESS

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An independent Jamberry business may be inherited by a single person, a married couple, or a trust which complies with Jamberry's guidelines. Inheritance is based on a valid will or other appropriate documentation in accordance with the intestacy laws of the state or province in which the person who inherits the Jamberry business resides. To inherit an Independent Jamberry Business, you must provide documentation to Jamberry within 90 days of the Consultant’s death. Documentation should include proof of death (i.e., a copy of a death certificate, funeral program, or published obituary) and proof that you are the beneficiary (i.e., letter from the executor of an estate, or if the business was in a trust, a letter from a trustee). You must also complete an Independent Consultant Agreement, fulfill all of the functions of a Consultant, and abide by the terms of the Jamberry’s Policies & Procedures. If Jamberry does not receive the necessary documentation within 90 days of death - or if we receive notice that the inheritance of the business is legally contested - we may terminate the late Consultant’s account. In such case, the late Consultant’s organisation will roll up to the next applicable Upline Sponsor. ETHICAL CONDUCT Return to Table of Contents As a Consultant, you agree to conduct your business with the highest standards of honesty and integrity. You agree to refrain from making negative, disparaging, untrue or misleading comments about the Company, its owners, directors, officers, associates, other Consultants or any other direct-selling company or such company's products. You also agree not to engage in any activities that may cause harm to the Company or any other Consultant. Failure to conduct your business in accordance with this policy may result in action by the Company up to and including termination. LEGAL COMPLIANCE Return to Table of Contents All Consultants shall comply with the DSAA’s Code of Practice, and all federal, state and local statutes and regulations concerning the operations of their businesses. You are responsible for your own managerial decisions and expenditures, including estimating income taxes and self-employment taxes. We recommend that you keep track of all your business expenses and speak with your accountant about how your business expenses might affect your income tax return.

CANCELLATION OF CONSULTANT AGREEMENT Return to Table of Contents The following terms are used to describe a termination of the Consultant Agreement:

RESIGNATION You may voluntarily terminate the Jamberry Consultant Agreement at any time and for any reason by submitting a support ticket or email to [email protected]. The resignation will take effect after the 11th of the following month from the day you resign. Consultants who resign must also notify their upline Consultant and any downline Consultants of their resignation.

CANCELLATION Cancellation means a loss of Consultant status and all Consultant benefits including product discounts, credit, Company mailings, eligibility for Consultant contests, events and incentives, as well as the loss of all downline Consultants and downline commissions. All cancelled Consultants' downlines will compress to the next qualified

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Consultant, in accordance with our policy on "Compression" in the Compensation Plan, during the following calendar month. The Consultant Agreement may be cancelled:

    

As a result of the Consultant's resignation. At the conclusion of the initial term or any renewal term upon 30 days’ written notice to the Consultant. At the death or retirement of the individual Consultant (see "Inheritance of Business"). Immediately upon relocation and change of the Consultant's permanent residence outside of the country where the Consultant signed the Consultant Agreement. By not achieving 600 PRV within 12 months.

The Company shall notify the Consultant by email regarding the Cancellation at the latest email address listed with the Company for the Consultant. It is the Consultant’s responsibility to maintain current contact information on their Company-provided Jamberry Consultant account. If the Consultant was cancelled due to any of the examples noted above, she/he has the option to reapply to be a Consultant at a later date.

HOME OFFICE TERMINATION The Company may terminate the Consultant Agreement with any Consultant at any time and for any reason by notifying the Consultant in writing of our election to terminate. The Company may immediately terminate this Agreement without notice in the event of your death, insolvency, assignment for the benefit of creditors, or misrepresentation in or breach of any provision of the Agreement, violations of policies as herein defined. The Company may also terminate this agreement upon your misrepresentation in or breach of any provision of the Agreement, these policies, the plan or the Consultant Agreement if such breach remains uncured after thirty (30) days prior written notice to you of such breach. Such notice may be delivered to you in any electronic or physical format including without limitation email, fax, voicemail, mail, or the like. Upon termination, the Consultant will have thirty days from the date of termination to provide a written request to Jamberry via email at [email protected] for a refund of any pre-paid Personal Website fees for months which have not yet passed. Upon receipt of such request the Company will refund any such pre-paid, but unused amounts, to Consultant within ten business days of receipt of such request. If Consultant fails to make such refund request within the time specified above, any such pre-paid Personal Website fees shall be forfeited to the Company. For purposes of this Agreement, a "breach" shall include, but not be limited to, any actions by the Consultant which, in the Company's sole discretion, the Company believes:

 

The Consultant discredits the Company's name, goodwill or products.

 

In any way misrepresents the Company's products or business opportunity. The Company shall notify the Consultant by email of the Home Office Termination at the latest email

Breaches any provision in any way which is contained in this Agreement or the New Consultant Start-up Guide;

address listed with the Company for the Consultant. If the Consultant Agreement was terminated by the Home Office, the Consultant may not reapply.

EFFECT OF TERMINATION Terminations of the Consultant Agreement are effective immediately on the date of Resignation, Deactivation or Termination. Upon termination of the Consultant Agreement for any reason, your personal group will compress as per our policy on Compression. In addition, you will lose any gift certificates, Product Credits and Business Supply Credits that you have earned. You will receive legitimately earned commissions only for the last full payment period you were active prior to termination.

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In the event that you should choose to become a Consultant again, the Company may accept or reject your application for any reason at its sole discretion. If your application is accepted, you must start at the beginning Career Title of Consultant.

EVENTS UPON TERMINATION OF THIS AGREEMENT YOU WILL:

 

Within ten days of termination, pay all amounts due and owed to Jamberry;



Be ineligible to receive any unaccrued compensation or benefits as a Consultant.

No longer have the right to offer or arrange sales of Jamberry products or services and you must cease representing yourself as a Jamberry Consultant immediately; and

You will cease use of Jamberry Intellectual Property and Confidential Information and will cease holding Home Parties, trade shows, presentations or otherwise displaying, offering for sale or selling Jamberry products. This applies to Consultants who resign or are terminated. If requested by Jamberry, you will return all Confidential Information to Jamberry. You may return to Jamberry unsold Jamberry products purchased within thirty days of the Termination or the twelve month period from the date of purchase, provided that the products are in resalable condition, not discontinued, and are returned with shipping charges prepaid and insured for their full value during shipment, and Jamberry will reimburse you according to the Buy-Back policy set forth below. Resalable condition means product that is current but does not include product acknowledged by the Consultant as being sold as seasonal, discontinued or as a special promotion. If you decide to return any unsold Jamberry Products, Jamberry reserves the right to offset any amounts returned to you against previously paid commissions or other rewards. The net refund will be issued within four weeks from receipt of the returned product.

BUY-BACK POLICY A Consultant may return any Starter Kits, products, and marketing materials/business supplies that she/he personally purchased from the Company during the previous year at any time.



Starter Kit - The Consultant Starter Kit may be returned within one year from the date of purchase and is eligible for a refund of up to 90% of the purchase price. The Starter Kit must be returned in its entirety; all contents of the Starter Kit must be unopened and all items must be unused and in resalable condition in order to receive a refund. The Starter Kit must be returned to the Home Office via registered international post. A trackable and/or insured (insured for approximately $200) shipping method should be used, as Jamberry will not be responsible for lost shipments. The original shipping and handling fees are not eligible for refund.

Opened Starter Kits will be prorated to the resalable value. Damaged or used items may not be returned.



Business Supplies, including those purchased separately from the Starter Kit - Jamberry offers business supplies and promotional materials, as well as wholesale product, for your convenience. However, these items are not required to conduct business and may be purchased at your option. Nevertheless, business supplies and promotional materials may be returned to Jamberry within one year of date of purchase for a refund of up to 90% of the purchase price, excluding any printed materials like catalogues, host join brochures, etc., provided that the business supplies and promotional materials are unopened, unused, and

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in resalable condition. If you choose to return such business supplies and promotional materials, you are responsible for the cost of the return shipment and insurance to cover the shipment. All such returns should be shipped by a trackable means (such as international registered post) and should be insured for at least



the retail value of the items being returned. Original shipping and handling fees are not eligible for a refund. Personal Website - You may cancel any services contracts or arrangements you have purchased including personal website for a refund for any reason, (i) provided written notice (the "Cancellation Notice") is provided to Jamberry, specifying the specific service(s) subject to cancellation (the "Cancelled Service(s)"). Refunds will be provided for the Cancelled Service(s) pursuant to the policies below. In no circumstances shall you be refunded for amounts paid in respect of Cancelled Service(s) in any month PRIOR TO the calendar month in which the Cancellation Notice is delivered. Note however, that if you cancel your personal website subscription, you will not be eligible to receive commissions or overrides under the plan.



Product Inventory Purchases - Consultants may purchase retail products in advance as inventory to sell to the Consultant's customers. Jamberry pays retail commissions on such Consultant inventory purchases. Inventory may be returned to Jamberry within 90 days of purchase for a full refund. After the 90 day return period, inventory may be returned for product credit, but is not eligible for a cash refund except in the event of Consultant termination or resignation. Upon or after resignation or termination, any inventory within a year of the purchase date may be returned for a 90% refund. We will issue a GST compliant credit note and refund for 90% of the purchase price for items returned in resalable condition following termination or resignation. Eligible refunds will be less any commissions and overrides paid to Consultant that are related to the inventory being returned, provided that the inventory is unused and in resalable condition. If you choose to return inventory, you are responsible for the cost of the return shipment and insurance to cover the shipment. All such returns must be shipped by a trackable means (such as international registered post) and must be insured for at least the retail value of the items being returned. Original shipping and handling fees are not eligible for a refund. This policy is not intended to limit the availability of the statutory guarantees under the Australian Consumer Law.

CORPORATE MARKETING, LEADS AND ASSIGNMENTS

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Contents Jamberry makes a considerable investment in building our general brand and driving awareness that will fuel all of our Consultants' businesses. Our corporate marketing and public relations efforts are intended to attract new potential customers and Consultants, which ultimately benefits every Jamberry Consultant.

TAXES Return to Table of Contents INCOME TAX

As a self-employed professional, it is up to you to maintain complete records regarding your income and expenses. This will greatly assist you when calculating your taxes every year. There are many tax benefits that can be available to self-employed individuals, and everyone should consult their own tax advisors concerning how the benefits may apply to each individual case. Visit the ATO website (www.ato.gov.au) for more information. If your turnover exceeds the ATO threshold (currently AU$75,000), you will need to register for GST and submit Business Activity Statements to the ATO. We suggest you consult with your accountant about what needs to be done to comply with ATO requirements. If you do not register for GST and provide an ABN, the Company may withhold 49% of the amount owing to you and pay it to the Tax Office. Throughout the year, keep all of your receipts for income and expenses in one place. Designate a folder for paperwork and don't forget to write down distances that you've travelled in order to conduct your Jamberry business. This will make it much easier for you to calculate your tax return at the end of the financial year.

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You will likely be able to deduct the expenses incurred in connection with your Jamberry business. Please contact your tax advisor or accountant concerning any questions you may have.

TAXBOT As a Jamberry Consultant, if you choose to pay for access to a Professional Consultant Website, you have access to a tax service, provided by Jamberry. Taxbot is a service to help keep your taxes organised. It will track mileage, store receipts and provide you with a deduction report when it is time to complete taxes. This is a service provided by Jamberry for all Consultants, free of charge. To activate your account, go to the “Add-on Tools” tab under documents in your workstation and click through the Taxbot registration. Please click here for a booklet provided by Taxbot with more information.

INSURANCE

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You should ensure that you have any relevant insurance. Such insurance might include, for example, public liability, business interruption and workers’ compensation insurance. If you have a vendor event, you may be required to provide evidence of general liability insurance. Consider speaking with your insurance agent about whether or not you need coverage for a small and/or home-based business. If you are using a vehicle for your business, you should also discuss vehicle insurance. Jamberry does have a comprehensive liability insurance policy that covers any and all product liability claims against the Company. If you have a vendor event and the organiser requires proof of our product liability insurance or requires the event organiser to be listed as an additional insured on our policy, please email [email protected] at least 30 days prior to your event and provide the specific details of the insurance information required by the event administrator, so that we can make the necessary arrangements.

ADVERTISING, PRESS, TRADE MARK AND PUBLIC IMAGE PROTECTION Return to Table of Contents REPACKAGING OR RELABELING

Repackaging of products could violate laws or result in civil liability, thus all products must be sold in their original packaging only and may not be altered. Selling of half sheets of nail wraps is strictly prohibited and will void the warranty. The consequences of such actions are as follows:

  

First offence constitutes a warning. Second offence will result in a one week suspension of the Consultant’s Jamberry Account. Third offence will result in termination of the Consultant’s Jamberry account.

TRAINING MATERIALS Consultants may not produce, distribute or sell DVDs, videotapes, audiotapes, or other training materials bearing the Company brand and name. If you have suggestions for training material, please submit your ideas to the Home Office by emailing [email protected].

LIABILITY

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

Jamberry cannot guarantee or in any way be responsible for Jamberry products purchased from sources



other than Jamberry. Jamberry cannot guarantee or in any way be responsible for products that are not officially part of the



Jamberry product line. Jamberry cannot guarantee or in any way be responsible for products that have been imprinted with the



Jamberry trade mark by sources other than Jamberry. Jamberry cannot guarantee or in any way be responsible for products that are used or applied in a manner



inconsistent with the stated intent or instructions of Jamberry. Jamberry cannot guarantee how a customer's nails will react to its nail wraps. If you or a customer notices that the nail wraps are causing dryness or damage to the nails, please follow the removal instructions, follow industry nail care advice, and wait three weeks before applying a new set of nail wraps.

TRADE MARKS 

Consultants' duplication of Jamberry trademarks or service marks is prohibited. Examples of Jamberry trademarks include, but are not limited to, Jamberry, or the Jamberry logo. Display or sales of Jamberry product in retail or service establishments of any kind are inconsistent with the purpose for which the trademarks are registered.



When reproducing the Jamberry logo, it must not be altered in any manner or form.

Jamberry Consultants may not duplicate the Jamberry trade mark for private use or for the intention of selling nonJamberry products to others. (See Branding and Logo Usage Guidelines)

ADVERTISING AND PRESS You may advertise in local publications and online, but must make sure your ad is accurate, professional and not misleading in any way. You must always list your Jamberry Personal Website address and use only official Jamberry logos and images. If you list contact information, you must identify yourself as an Independent Consultant so that there will be no confusion that you are representing your own business and not the Home Office. You may advertise sponsoring opportunity events, home parties or any other Jamberry events you choose. You may not run advertisements that feature specific products for sale or blanket promotions (See Blanket Discounts).

PRESS CONTACTS AND LEADS The Home Office and our public relations firm are the primary points of contact with any and all journalists, top-tier bloggers (see Approved Ways to Work with Bloggers), editors, celebrities, and large-scale fashion and beauty influencers on behalf of Jamberry. Any Consultant wishing to contact any of the aforementioned press or media entities, even if they are hyper local, is required to contact the Home Office Marketing Department first. We may already be working with them, and if we are not, then we can work with you to further your goal in working with them while ensuring you are compliant with our Policies and Procedures regarding these relations. Please direct any and all questions and media inquiries to [email protected].

APPROVED WAYS TO WORK WITH BLOGGERS Bloggers with less than 5,000 followers All Jamberry Independent Consultants are welcome to work with any blogger who has a following of less than 5,000 people, so long as they clearly identify themselves as an IC. It must be clear that the IC is not speaking on behalf of the Home Office. Bloggers with more than 5,000 followers There are 3 different ways an Independent Consultant can work with a blogger who has more than 5,000 followers.

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 



Connect them with the home office and PR firms that handle all press and media (Style House PR for US and CA, Stark Matthews for AU and NZ). All web links must point to www.jamberry.com or perspective url based on market. Home Office will provide samples in specific situations. Have the blogger host a party. If you have a host who is also a blogger, they are welcome to talk about their party on their blog. They are welcome to link to their party in all of their party related posts. Any posts made AFTER the party can mention the consultant by name but should ultimately point out to their followers that they can work with their consultant OR they can find a consultant who live in the same area as they do. No samples will be provided by the Home Office team. Recruit the blogger to be on your team. If you have a blogger with a large following join your team, then they are welcome to post on their blog and link to their personal URL as much as they would like. No samples will be provided by the Home Office team at this point.

MEDIA PROMOTIONS The Home Office initiates all television, cable TV, radio, Internet, newspaper, newsletter and magazine interviews, features, and paid advertisements. Jamberry Consultants may not initiate, authorise or implement national or regional media publicity. Consultants, however, are encouraged to initiate/implement local media interviews. All interviews with the media must be handled through the Company Marketing Department at [email protected]. Whether the media outlet pursues you or vice versa, you must inform the Company before the interview is conducted (no exceptions). Contact the Home Office Marketing Department immediately and refer the reporter/writer to our public website for contact information. If you are approached by a member of the national media about contributing to a story, you must refer her or him to the Company immediately. Contact [email protected]. The Company requires Consultants to list the Jamberry web address in addition to any personal contact information. The Company must approve proposals for regional or national media promotions in advance. Look online in the Consultant Workstation for high-resolution logos and advertising guidelines.

PHONE LISTING POLICY A business phone number may be listed in the following manner: Name, Career Title with Jamberry Independent Consultant Address Phone Number

CHEQUE/CHARGE ACCOUNTS Jamberry Consultants may not use the trade mark or trade name Jamberry on bank accounts, credit applications with local suppliers or other business forms. Cheque accounts can simply be designated as "Business Accounts." Or, if you need to list a business on your cheque account, credit application or other form, use your name and "Jamberry Independent Consultant." The intent of this is to avoid any implication that a Consultant business is the Corporate Office.

INFORMATION DISTRIBUTION

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As a Consultant, you may come in contact with non-public information pertaining to Jamberry that Jamberry requires you to keep confidential. (“Confidential Information”). Jamberry’s Confidential Information includes lists of Consultants, Downlines and Uplines; Jamberry-generated customer lists, customer profile data, credit data, manufacturing procedures, product development information, product purchase information; all unreleased news, information or product announcements (including any unreleased information disclosed by a Jamberry employee); and all operating, financial, and planned marketing materials, and all other information created by and for Jamberry that is not provided by Jamberry to the public. Any Confidential Information given to you must be used solely in furtherance of your work as a Jamberry Consultant and must not be disclosed to any third party or posted on any blogs, personal websites, chat rooms, email, trade groups, personal communication, newsletters phone conversations and so forth

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SHARING NEW PRODUCTS/CATALOGUES/INFORMATION Jamberry encourages you to share information and promote our products in person and online. When sharing information, we ask that you follow these guidelines: 

  

In official Jamberry trainings and official announcements at Jamberry events, you will learn of new products, policies, catalogues, information, and more. These items may be shared and shown in person OR online unless you are told otherwise. Jamberry recommends you use judgment in how you share new information and products with customers, especially before products can be purchased. Showing products always builds excitement and if customers cannot immediately purchase them, that excitement may be gone when they are available for purchase. Jamberry encourages you to focus on current products to generate sales. If you choose to show new products early, you should make sure to also spend time promoting items that your customers can buy right away such as all current catalogue items, Going, Going, Gone, or limited seasonal products. Jamberry catalogues must not be posted online until they have been released to the public. This includes individual pages or portions of a page of the catalogue. Physical products (not just samples) can be shared from an upcoming catalogue once the catalogue has been released. Jamberry-created documents and publications including the Policies & Procedures, Start-Up Guide, Host/Join Brochure, Brand Book, etc. must not be reproduced in their entirety or in part outside of your team training Websites. You should also not provide detailed information regarding the information found in these publications. You are allowed to share highlights of this information, but we encourage you to refrain from posting detailed information on the Internet. Rather, such information should be reserved for one-onone discussions with interested parties.

For purposes of this “Information Policy,” “released” information is information that has been officially disclosed on the Consultant Dashboard, Newsfeed, Corporate Social Media Accounts (excluding Independent Leaders of Jamberry and other accounts controlled by Consultants) or publically disclosed by a Jamberry Employee as part of the content of an official event or training without instructions not to disclose. “Unreleased” information is all information disclosed in any other way.

ONLINE COMPLIANCE

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Jamberry builds our brand for the general benefit of all Consultants. Thus, our trade marked brand name cannot be used to drive traffic away from our corporate site. Our corporate site allocates Leads to all qualified and active Consultants. Infractions may result in the immediate termination of a Consultant account. You may not represent yourself in any way online that detracts from the Jamberry brand. You may only have a Personal Website through Jamberry. In compliance with laws and Direct Selling Association of Australia policy, all Independent Consultant marketing both in print and online must clearly appear as though it is coming from an independent representative of the Company and not lead the consumer to believe they may be interacting with the corporate office. Furthermore, any ad in which the trade marked Jamberry name or logo is used must be approved by the corporate office. Corporate-approved advertisements will be made available online in the Consultant Workstation.

MARKETING AND NAMING OF PERSONAL WEBSITES Using a generic extension like shop, nail shields, cities or major regions, etc., is not allowed as it appears to the end user that this is a corporate site URL. Your extension must relate to your name. You cannot use any name like www.jamberrynails.com.au/nailshields; www.jamberrynails.com.au/shop; or www.jamberrynails.com.au/sydney; aus.jamberrynails.us

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RESTRICTED USE OF JAMBERRY TRADE MARKED NAME The trade marked Jamberry name cannot be used in any Google AdWords or other search engine marketing campaigns of sponsored links. This includes the use of your Personal Website, since this contains jamberry.com. All web advertisements must clearly contain the descriptor of Independent Consultant in both the title and description field.

USE OF JAMBERRY IN URLS You may not use jamberry, jamberrynails, or any derivative in a registered URL with any extension. This is in violation of our trade marked name and can result in the termination of a Consultant account. For example, you cannot register or use any URL like www.myjamberrynails.com or www.jamberrynails.tv, etc.

USE OF JAMBERRY IN EMAIL ADDRESSES OR SOCIAL NETWORKING NAMES You may not use jamberry, jamberrynails or any derivative of that in any email addresses or social media names. For example, you may not use anything like [email protected] or [email protected] or Jamberry Arizona for a Facebook group page. If you do this, you may be required to change your email address or the social media name before you are eligible to receive commissions or overrides.

USE OF JAMBERRY CONFIDENTIAL INFORMATION – NAMES, ADDRESSES, EMAILS As a Consultant you may be given access to certain information about your downline including names, email addresses, addresses, phone numbers, etc. All of this information is confidential and should not be shared, sold, given to a third party vendor, or used for any purpose other than Jamberry business. You are restricted from using this information to send invitations to or information about other direct sales companies, school fundraisers, personal issues, etc. If you misuse this information, your Consultant Agreement may be terminated and/or your access to such information may be removed.

USE AND DEVELOPMENT OF ONLINE APPLICATIONS FOR JAMBERRY Applications, or Apps, accessing Jamberry data may only do so if such data is maintained in a confidential manner. All data accessed through the Jamberry website is Jamberry’s confidential and proprietary information and should not be shared, sold, or used for marketing purposes. This information should only be accessible by the Jamberry Consultant who is logged into the Application and should not be accessed or stored in any format by the Application itself. Non authorised Jamberry Applications cannot display any Jamberry logo and must provide a disclaimer indicating that the Application is not sponsored, endorsed, or otherwise authorised by Jamberry. As a Consultant you are allowed to promote your business with an Application or App.

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You must include "Jamberry Independent Consultant" within the title of the App and the description. App design must follow all Branding and Logo guidelines. In no way can your App appear to be an official

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Jamberry App. If your App has the ability for customers to purchase items, it must link back to your Jamberry Official

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Website for all purchases. You are not allowed to charge for the App download, it must be a free App.

PROHIBITED COMPENSATION Except for what is outlined in the Jamberry Independent Consultant Compensation Plan, you may not receive compensation for any activities involving your Downline or your access to Jamberry Consultants. This means you are not allowed to receive compensation for any referral fee, marketing fee, kickback, or enrollment in any pay-per-click Web affiliate program through which you receive compensation for assisting third party vendors in contacting your Downline or other Jamberry Consultants. It also includes soliciting participation in raffles or charitable contributions in

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which you keep any portion of the proceeds. Any violation of this policy could result in the termination of your Consultant Agreement and/or the removal of your access to Consultant information.

SOCIAL NETWORKING PAGES ON FACEBOOK AND MORE You cannot create a fan page on Facebook or any other social networking site that appears to be the corporate office. However, you may create a site that includes the term "Independent Consultant for Jamberry" in the name. You cannot use the word "official" or anything similar. You cannot create an alias for any sites like Twitter or others that use any permutation of the Jamberry name. The social network page cannot make mention of "Jamberry" without being qualified by "Independent Consultant for Jamberry" or "Jamberry Independent Consultant."

SOLICITATION OF BUSINESS ON FACEBOOK, CONSULTANT FACEBOOK GROUP, TWITTER OR OTHER SITES Consultants may not use the Jamberry Official Facebook Fan Page (here) or Consultant Facebook Group to solicit business, drive people to your Personal Website, or sign up team members. An additional list of rules for the Consultant Facebook Group can be found on the Consultant Facebook Group Home Page and the Consultant Start-Up Guide.

SALES THROUGH AUCTION SITES OR OTHER INTERNET SITES Jamberry Consultants may not sell Jamberry products on any website other than their personal Jamberry website (including site such as eBay, craigslist, or Groupon). Jamberry Consultants may not display product images on other websites with the intent to sell. You may NOT sell Company products (including Business Supplies) through any online auction service or any other website. Nor may you advertise your business or the business opportunity through online auction services. We have a no-tolerance policy on Internet sales. Any infractions will result in immediate suspension of the Consultant’s Jamberry Account until there is resolution.

MARKETING THROUGH PERSONAL BLOGS AND OTHER SITES If you maintain a blog, email, newsletter, or website outside of the Personal Website that Jamberry makes available to its Consultants, you may not market, sell, or promote any other products or direct sales companies alongside Jamberry products. Doing so may result in your suspension or termination of the Consultant Agreement.

ONLINE AFFILIATES 

An affiliate program is a marketing practise in which Jamberry rewards a select group of websites for each new customer or Consultant brought about by the affiliate's own marketing efforts. Our primary goal for our affiliate program is to acquire new customers so that we can direct business to our Independent Consultants.

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Consultants cannot be affiliates. Instead, Consultants earn commission with our more lucrative Consultant Compensation Plan. So, even if we pay an affiliate commission on an order, we also refer that customer to a Consultant who receives a referral commission. If you have questions about the Jamberry affiliate program, contact us at [email protected].

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Jamberry reserves the right to partner with other brands or websites to create occasional co-branded promotions or giveaways. The purpose of these promotions is to gain awareness among (and access to) a new set of consumers who may not otherwise know about Jamberry. Our primary goal is to acquire new customers so that we can direct business to our Independent Consultants.

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In addition, partnering with well-known and highly-regarded brands promotes Jamberry's fashion authority and raises overall brand awareness. This helps open doors for our Consultants' own personal businesses. Note: As a reminder to our Consultants – in order to enhance the end-user experience, we request that Consultants do not use these home-office sponsored promotions as a way to direct traffic to their Personal Websites. For instance, if there is a contest where a website asks users to submit comments related to the promotion, please do not use the comments as a way to promote your Personal Website. As you can imagine, this activity does not support the brand awareness goal and can cause confusion among people new to the brand. All Leads acquired from this promotion will be distributed through our normal Lead referral program.

PURCHASE AND SALE OF PRODUCTS

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Jamberry is a direct-to-consumer business. A Consultant's success with customers depends on personal relationships. Through direct sales, the consumer may try before buying and receive proper individual instruction in product usage, both before and after the sale. Therefore, Jamberry's policies regarding sales are intended to steer Consultants away from the pursuit of the one-time only, impulse sale, toward long-term, relationship-based sales. We encourage Consultants to conduct in-person demonstrations, physically or virtually, for individual customers or groups.

SALES PRESENTATIONS At sales presentations, you will truthfully represent the Company, yourself, and the products. You may not use any misleading, deceptive, or unfair sales practises. Explanation and demonstration of products offered will be accurate and complete, including but not limited to, price, terms of payment, refund rights, guarantees, and after-sales service and delivery. Personal or telephone contact will be made in a reasonable manner and during reasonable hours to avoid intrusiveness. Immediately discontinue a sales presentation upon request of the consumer. Also, refrain from using comparisons which are likely to mislead and incompatible with the principles of fair competition.

BLANKET DISCOUNTS You may offer discounts on the sale of products from time to time, but are prohibited from advertising such discounts through any broadcast media such as the internet. Any discount should not be offered for longer than one week at a time. This prohibition does not apply to sales pursuant to any Fundraising programs that the Company may have in place at any given time or to wholesale sales to Salons. Note that our most successful consultants do NOT discount products in order to take full advantage of the Compensation Plan. Offering discounts to customers generally confuses customers about the price at which they should be willing to pay for the product and reduces the overall commissions that you receive on the sale of the product meaning the sale of a discounted product is less valuable to you. You may not grant access to your friends, family or the public at large to your Consultant workstation account. Your personal discount is for personal purchases only. Buying gifts for others or offering incidental perks to accompany the purchase of a full priced Jamberry retail item is permitted, but discouraged.

BONUS BUYING The success of the Company depends on retail sales to the end consumer. It is possible to conduct a healthy business with no product inventory other than your samples. While the Company recognises that you may wish to purchase certain products for your own use, or in some cases, for "instant delivery" to customers in need of lastminute gifts, it strictly prohibits the purchase of products in unreasonable amounts and prohibits the purchase of products only or primarily to qualify for compensation levels or incentive programs. This is one of the unethical practises that we refer to as "Bonus Buying" and is strictly prohibited. Bonus buying may also result in the immediate

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termination of a Consultant Agreement. Bonus Buying includes:

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Enrolling individuals without their knowledge and/or execution of a Consultant Agreement on behalf of others without their knowledge. Fraudulent enrolling of a Consultant. Enrolling or attempting to enroll nonexistent persons as Consultants ("phantoms"). Using a credit card by or on behalf of a Consultant when the Consultant is not the account-holder of such credit card. Subsidising the entire or partial cost of a customer purchase or New Consultant Starter Kit purchase that counts towards your volume or adds a Consultant to your team. This includes offering a rebate on the purchase of goods.

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Purchasing product to qualify for contests, fast-start bonuses, promotions, personal sales requirement for coaching commissions or pay rank.

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Maintaining excessive inventory. Consultants may not inventory load, encourage others to inventory load or represent that there is any obligation to purchase products, literature or other sales aids except for the Starter Kit, nor shall they represent that overrides, bonuses, or other earnings may be obtained solely from the purchase of products rather than the sale of products. Inventory is not a component of our business and should not be carried beyond the month in which it is intended to be sold.

If such behaviours occur the following actions will take place:

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First Offence: One week suspension and chargeback of any bonuses earned from bonus buying, including travel points from the date of the offence. (Definition of a chargeback is reclamation by the Company of any promotions, monetary rewards, bonuses, overrides, or earnings which were obtained due to the compliance violation.)

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Second Offence: One month suspension with chargeback of any earned bonus from the date of second offence.

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Third Offence: Termination of the offender’s Consultant Agreement, including chargeback of commission and bonus from the date of the third offence.

STARTER KIT CREDIT Consultants may host their own Jamberry party and are eligible for all Host Rewards except for the free shipping offer and the Kit Credit option. Kit Credits are intended to be used as an incentive for the Host to sign up as a Consultant. Kit Credits are not intended for Consultants to distribute to potential recruits. Distribution of a Kit Credit to a potential recruit who has not earned the credit by hosting their own Jamberry party is considered a form of Bonus Buying. If such actions occur the following procedure(s) will take place.

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First Offence: One month suspension and chargeback of any rank or level bonuses earned from the date of the offence. The new recruit who received the Kit Credit will be removed from the offending Consultant's team and reassigned to a different Sponsor to be determined by Jamberry. (A chargeback is reclamation by the Company of any promotions, monetary rewards, bonuses, overrides, and earnings which were obtained due to the compliance violation.)

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Second Offence: Termination including commission and bonus chargebacks earned from the date of the offence.

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CLOSING PARTIES AND CUSTOMER DELIVERY All parties must be closed and submitted within the Jamberry Workstation within five days of the actual home party orders being given to the Consultant. Home Parties must close in their entirety within twenty-eight days of holding the actual Home Party. If a customer or party order is shipped directly to a Consultant, the Consultant must deliver the orders to the customers within five business days of receipt. Any violation of this provision may result in immediate termination of the Consultant Agreement by the Home Office.

RETAIL PURCHASE FROM A CONSULTANT Consultants who purchase product from Jamberry and sell it directly to customers must provide full refunds to those customers who return product within 90 days of purchase. Jamberry will not reimburse you for the refund. We will provide replacement product when you submit the following items within one year of the date you purchased the product from Jamberry: a Retail Exchange form, an RA Number (which you can obtain from Customer Support), and any unused product. Jamberry has the right to refuse to replace product if there is reasonable doubt that it was actually purchased by a customer. Any retail customer who follows the above procedures and is not refunded by the Consultant may contact Jamberry Customer Support for a refund. Jamberry reserves the right to offset such refund costs against the Consultant. Note: Consultant price purchases shipped by a Consultant to a customer will not qualify for return under the customer satisfaction guarantee.

THIRD-PARTY CONSUMERS Consultants who cultivate business contacts must remember that the business can purchase Jamberry products as gifts for employees or clients, but there may not be a resale value attached to the products. Consultants cannot become a "vendor" to another business. Consultants who sell product to a business for gifts must include a personal letter with each gift that provides information about how the end-user can receive personal service from the Consultant. Large-scale sales of Jamberry product to regional or national companies are prohibited since they do not lend themselves to the development of personal relationships and personal service upon which Jamberry is based.

TRANSFER OF TITLE Title to and risk of loss for any products ordered from Jamberry will transfer to the customer placing the order when the products are shipped, whether the individual placing the order is a Consultant or a customer.

CUSTOMER REFUNDS AND RETURNS You must comply with the Return Policy and procedures that can be found on our website, www.jamberry.com/returns Under Australian Consumer law, Customers may cancel any transactions, without any penalty or obligation, within TEN BUSINESS DAYS after the date of the transaction. You as a Consultant are required by Australian Consumer law to notify your Customers, either verbally or in writing, about this “Cooling-Off Period” at the time of the transaction.

MISSING ORDER REPORTING Any order that has not been delivered must be reported within 45 days of the original order date. Jamberry will not resend any orders past the 45 days.

CUSTOMER ORDER FORMS After an order has been received by your customer, you must shred any order form which contains your customer's billing information.

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TERRITORY RESTRICTIONS There are no exclusive territories granted to anyone.

INTERNATIONAL SALES Due to complex legal and tax considerations involving international sales, no sales or recruitment efforts may be made outside any Jamberry-approved countries or territories, such as but not limited to the 50 states, APO U.S. Military Addresses, U.S. territories, Canada, Australia, and New Zealand, in which Jamberry is currently operating. You may sell Jamberry products to customers outside of your country of residence in Jamberry-approved countries or territories. No recruitment efforts may be made outside of your country of residence unless you have received approval for a Cross Border Sponsorship Agreement(s). Even with a Cross Border Sponsorship Agreement in place, you are only permitted to create parties hosted by yourself or by someone in your country of residence, as determined by the address of your Jamberry Consultant account.

INTERNATIONAL DISTRIBUTION Jamberry offers Consultants the opportunity to sponsor Consultants internationally with special approval. If you are interested in sponsoring Consultants internationally, contact [email protected] for more information. (See Cross Border Sponsorship Agreement)

MARKETING MATERIALS CREDIT Consultants may earn credit that can be used towards the purchase of marketing materials (catalogues, host join pamphlets, sample cards, postcards, order forms) based on the following monthly retail sales volumes listed below: Monthly Personal Retail Volume (PRV) Marketing Materials Credit Monthly Personal Marketing Materials Retail Value (PRV)

Credit

Under 600

$0

600-699

$25

700-799

$30

800-899

$35

900-999

$40

1000+

$50

Marketing materials credit that is more than six months old on June 30 and December 31 of each year will expire. Marketing materials credit may only be used on marketing materials and not on any promotional products, retail products, shipping, or taxes. Marketing materials are "paper products" that have a sku number that starts with M within the Marketing and Promotional Materials section of the workstation.

OUT OF STOCK PRODUCTS Jamberry will quickly ship all products. Any out of stock items (unless discontinued) may be placed on back order and will be distributed upon Jamberry's receipt of additional inventory. In the case of a back order, the entire order may be held until the out of stock item is in stock. A Consultant will be charged and granted commissions on future ship items once the order is submitted. Orders containing back ordered items may be cancelled on a Consultant's request and a credit will be made to either the Consultant or customer card based on the original payment method. Commissions will be adjusted accordingly. If the order cannot be filled, Jamberry will cancel the order and adjust commissions accordingly. Jamberry has the right to offset such amounts against future commission and other compensation paid or owed to the Consultant who received commissions for subsequently cancelled orders.

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RETAIL OUTLETS We do not allow Consultants to set up a permanent retail display and sell Jamberry products in a retail establishment or environment. A retail establishment/environment is any location that appears to be a retail outlet where permanent retail activities take place (e.g., a kiosk in a shopping mall, boutique, grocery stores, flea markets, etc). In addition, Shopping centres kiosks or permanent swap meets are not approved locations for temporary sales forums, as they take place within an established retail environment.

Jamberry products are not intended to be sold in retail establishments. They are intended to be sold at Home or through Online Parties. You may conduct a “Home Party” at a retail establishment or location after regular business hours once every 3 months and no more than 4 times per year.

NON-RETAIL BUSINESSES Consultants may leave a flyer in non-retail establishments, such as doctors' offices, provided the intent is to attract participants to a Home Party, not to sell. Restaurants are not retail establishments and you may periodically conduct Parties or meetings in a restaurant following the rule of once every three months and no more than four times per year.

CONSULTANT-TO-CONSULTANT SALES POLICY Consultants may make Jamberry products available to other Consultants on a cost-recovery basis. For example, when a Consultant needs an item and does not have time to receive an order from Jamberry, it is acceptable for one Consultant to sell the Jamberry item to another Consultant at the regular purchase price. No adjustments of volume or commissions will be made by the Home Office. Violation of this policy may result in the termination of your Consultant Agreement.

RENTAL SPACE Consultants may rent space for Home Parties, however, in order to prevent the appearance of such a space as being a retail establishment, Consultants may not store product at the location. The product must be stored at the Consultant's home. Permanent signage or telephone rental locations are prohibited.

RETURNS Return to Table of Contents For the Returns Policy:www.jamberry.com/returns

EVENTS

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BEST PRACTISES – OPPORTUNITY EVENTS The purpose of a Company-sponsored Opportunity Event is for Consultants to invite guests to participate in learning more about the Jamberry Opportunity. It's also a great event for Consultants to attend along with their guests or to come alone and learn how to talk to others about our opportunity. We want the atmosphere to be light and lowpressure, yet informative and helpful. As we grow in popularity, there is a chance that some guests may arrive at an Opportunity Event who are "unattached" to an existing Consultant. There is also a chance that a guest was informed of our event by another Consultant who couldn't be in attendance. To help reduce confusion, please ask every guest to fill out a short information card upon arrival. This card is then used to determine where and with whom a guests belongs. A list of all Consultants attending the Opportunity Event must be kept. "Unattached" guests who become Consultants as a result of an Opportunity Event will be assigned using the Home Office Leads system. Please remember that this situation is rare. You should not attend an Opportunity Event expecting or trying to

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sponsor “unattached” guests. Please refrain from handing out your personal business cards to any "unattached" guest expecting or trying to sponsor them. Instead, answer any questions the guests may have in an inclusive and supportive way as is fitting of the Jamberry culture.

BEST PRACTISES – TRAINING EVENTS The Home Office will not be responsible for lost or stolen inventory in the event that a Consultant brings her/his own inventory to a training event. The Home Office recommends that Consultants secure all personal inventory during break periods.

TEMPORARY SALES EVENTS Public events can be opportunities to receive exposure for your Jamberry business. You can find people interested in hosting a Home Party, purchasing the product, or becoming a Consultant. However, it is important to consider the cost vs. the return. Consultants may promote their business, e.g., selling Jamberry products and sponsoring, at exhibits and trade shows, in accordance with the following:

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You must register for the event as a Jamberry Independent Consultant. The first Consultant to register for the space with the event sponsor has the right to conduct that event. If a second Consultant would also like to participate, she/he must contact the first registrant and obtain her/his permission. If two Consultants are registered without prior knowledge, it is up to the second Consultant to withdraw from the event if the first registered Consultant does not want double participation. When registering for events, it is a good business practise to check cancellation policies and to proactively check with the event planner to ensure another Jamberry Independent Consultant is not already registered.

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The booth must be staffed at all times and must not be shared by another business. A temporary event held in the common area of a shopping mall is permissible for up to two weeks. (See Retail Outlets)

Note: Expos, Trade Shows, and Booth Events are not considered a core part of the Jamberry business. The Home Office does not specifically recommend participation in these events, nor do we endorse any specific event. Furthermore, as an Independent Consultant, you are responsible for your decision to host or co-host a booth at an Expo, Trade Show, or Booth Event. The business agreements made between Jamberry Consultants to host or co-host an event are the proprietary responsibility of the Consultants and the event planners. We strongly advise every Consultant to evaluate every business decision thoroughly before proceeding with the understanding that the Home Office is not responsible for the Consultant's participation or subsequent results. Participation in any one specific Temporary Sales Event shall be limited to two weeks in a calendar year, such as a farmer's market. The only exception is annual state fairs, which are typically held for three or four consecutive weekends. The goal of Jamberry in establishing this policy for events, such as trade shows, expos and craft fairs, is to promote the professional image of Jamberry and all Consultants, as well as provide an atmosphere of mutual respect and ethical cooperation. You are encouraged to take creative approaches in your selling. However, your primary approach should always be a Home Party. Before agreeing to participate in any other type of event, you should be able to answer "yes" to the following questions:

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Is this legal and ethical? Will this generate new bookings or future business? Will this approach provide the best environment for a successful event for the Hostess?

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If a Temporary Sales Event, such as a craft fair or holiday bazaar: a) is set up inside a retail establishment, such as a shopping center or base exchange; b) occurs more often than every six weeks in its entirety; and/or c) occurs for twenty-five consecutive days or more, you may set up a display about your independent sales business for the event but you may NOT have product available for cash and carry sales. If you have any questions about whether to participate in an event, please contact Jamberry Support at [email protected]. Please see the Temporary Sales Event guide posted in the Consultant Workstation for more specific guidance on this topic. When you register to participate in an event, the event sponsor may ask you for your ABN or inform you that you must post a copy of your Seller's Permit at your booth.

GENERAL PROVISIONS

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WEBSITE DOWNTIME

The Jamberry website may be subject to temporary shutdowns from time to time for maintenance and/or due to causes beyond the operating party's reasonable control, and that neither party shall have any liability to the other by reason of any such shutdowns.

CONTRACTUAL REMEDIES Any breach of these Policies & Procedures or the Consultant Agreement, or any illegal, fraudulent, deceptive or unethical business conduct on your part may result, at our sole discretion, in one or more of the following contractual remedies:

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Issuance of a written warning or admonition.

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Reassignment of all or part of your organisation. Placing you on Account Hold, during which period you may not conduct Jamberry business or receive

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compensation. Suspension of your Consultant status, which may result in termination, or reinstatement with conditions or

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restrictions. Termination of Consultant status.

Seeking a liquidated damages amount from you, which may be imposed immediately or withheld from future commission checks.

ACTS OF HOUSEHOLD MEMBERS The violation of a provision of the Jamberry Consultant Agreement or these Policies & Procedures by any member of your immediate household will be imputed to you and will subject you to remedial action, including possible termination of your status as a Consultant.

GRIEVANCES AND COMPLAINTS If you have a grievance or complaint about another Consultant that you are unable to resolve regarding any practise or conduct related to the Jamberry business, please submit a support ticket describing the situation to Jamberry Support for review to [email protected].

REPORTING POLICY VIOLATIONS If you observe a violation of the Policies & Procedures by another Jamberry Consultant, please submit a report, electronic or written, to Jamberry Compliance at [email protected] describing the circumstances, evidence

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and any other pertinent information. Your report to the Company will be held in the strictest confidence to the best of our ability.

AMENDMENTS The Company reserves the right to amend 1) Consultant Agreement, 2) the Compensation Plan, 3) the Policies & Procedures, 4) and its prices on 30 days’ notice. The Company also reserves its right to amend product and service availability at any time without prior notice as it deems appropriate. Amendments will be communicated to Consultants through official Company publications, websites, or voice or email. Amendments are effective and binding on all Consultants as of the date of their taking effect. In the event of any conflict between the original documents and policies and any such amendment, the amendment will control.

TELEPHONE SOLICITATION Australia has "do not call" regulations as part of their telemarketing laws. While you may not consider yourself a "telemarketer" in the traditional sense of the word, your inadvertent action of calling someone whose telephone number is listed on the federal "Do Not Call" Register could cause you to violate the law. These regulations must be taken seriously because they carry significant penalties for violation. You may not engage in telemarketing relative to the marketing of Jamberry products. The term "telemarketing" means the placing of one or more telephone calls to an individual or entity to induce the purchase of a Jamberry product or service or to recruit them for the opportunity of marketing Jamberry products. "Cold calls" made to prospective customers that promote either Jamberry products or the opportunity to market Jamberry products constitute telemarketing and are prohibited. However, your telephone call(s) placed to a prospective customer ("prospect") is permissible in the following situations:



You may call family members, personal friends, guests who have attended a Jamberry Home Party that you



have conducted, and acquaintances. An "acquaintance" is someone you have recently personally met. You may call people you have an established business relationship with. An "established business relationship" is a relationship between you and a prospect based on the prospect's purchase, rental or lease of goods or services from you, or a financial transaction between you and the prospect, within the 18-month period immediately preceding the date of your telephone call to induce the prospect's purchase of a product.

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The prospect's personal inquiry or application regarding a product or service you offered them within the three-month period immediately preceding the date of such a call.

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If you receive written and signed permission from the prospect authorising you to call. The authorisation must specify the telephone number(s) that you are authorised to call.



Collecting business cards and subsequently calling these contacts may be considered a form of telemarketing and should be avoided.

WAIVER Jamberry maintains its right to insist on compliance with these Policies & Procedures or with the applicable laws governing the conduct of a business. In the event that we permit a variance of the rules, that permission does not extend to future variances. This provision deals with the concept of "waiver," and the parties agree that we do not waive any of our rights under any circumstances.

ENTIRE AGREEMENT These Policies & Procedures and the Compensation Plan, as each may be amended from time to time, are

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incorporated into the Jamberry Consultant Agreement and constitute the entire Agreement of the parties regarding their business relationship.

COMPANY ADDRESS AND CONTACT INFORMATION Contents Jamberry Nails Australia PTY LTD Unit G8, 35-39 Bourke Road Alexandria NSW 2015, Australia Email: [email protected] Tel: 1800.42.78.27

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