MAVELY USER & PARTNER AGREEMENT


The Agreement. The term “Agreement” collectively refers to these Terms & Policies and the Mavely Compensation Plan, in their current form and as may be amended in the future at the Company’s discretion.  Independent Maven shall be referred to herein as “Maven.” My Favorite Things, Inc. d/b/a shall be referred to as “Mavely” or the “Company.”  Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.  


TERMS

  

Adherence to the Agreement. Maven must comply with the Agreement. If you do not agree to the Terms & Policies or Compensation Plan, your sole recourse is to notify the Company and cancel the Agreement. Failure to cancel constitutes your acceptance of the Terms & Policies. You must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from Mavely. 

 

Amendments to the Agreement. The Company reserves the right to amend the Agreement at its discretion. Amendments shall be effective 30 days after publication, but amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment.  If you do not agree to any amendments, your sole recourse is to cancel the Agreement.

 

Independent Contractor Status. Mavens are independent contractors and not employees, partners, legal representatives, or franchisees of Mavely. Maven are solely responsible for paying all expenses they incur, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other business expenses. Maven SHALL NOT BE TREATED AS A MAVELY EMPLOYEE FOR FEDERAL OR STATE TAX PURPOSES.  Mavely is not responsible for withholding and shall not withhold or deduct FICA, or taxes of any kind from Mavens’ compensation. Maven are not entitled to worker’s compensation or unemployment security benefits of any kind from Mavely. 


Income Taxes/Tax ID Number/W-9 Form.

  • Each Maven is responsible for paying local, state and federal taxes on any income generated as an Independent Maven. Every year, Mavely will provide an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident Maven who had earnings of $600 or more in the previous calendar year.
  • In order to earn $600 or more in commissions and bonuses in a calendar year through your participation in the Mavely program, you must provide Mavely with a valid Social Security Number or Federal Tax ID Number. This is done by submitting a properly completed IRS Form W-9 to the Company. If your bonuses and commissions reach $550 during a calendar year (and you have not previously provided the Company with your Social Security or Federal Tax ID Number), the Company will notify you that you need to submit an IRS Form W-9 to it if you wish to receive $600 or more in bonuses and commissions. If a Maven fails to provide the Company with a valid Social Security or Federal Tax ID Number, the most that such a Maven can earn through the Mavely Compensation Plan in a calendar year is $599.  

 

In all written, graphic, or digital material used for Mavely business purposes, Mavens must represent themselves as independent of Company. Mavens shall not lead anyone to believe that they are employees of Mavely.

 

Assignment of Rights and Delegation of Duties. Mavens may not assign any rights under the Agreement or their Mavely accounts without the prior written consent of Mavely. Any attempt to transfer or assign the Agreement or account without the express written consent of Mavely renders the Agreement voidable at the option of Mavely and may result in termination of the Agreement.  

 

If the assets of Mavely, or a controlling ownership interest in Mavely, is transferred to a third party, Mavely may assign its rights and delegate its duties and obligations under the Agreement to such third party as part of the sale or transfer.

 

Waiver. Any waiver by either Party of any breach of the Agreement must be in writing and signed by an authorized agent of the Party against which the waiver is asserted. Any waiver of a breach by a Party shall be a one-time waiver only and shall not operate or be construed as a waiver of any subsequent breach.  

 

Waiver of Right of Publicity. Mavens grant Mavely an irrevocable license to reproduce and use their name, photograph, video, personal story, testimonial, and/or likeness in its advertising or promotional materials, including but not limited to use in online forums. Mavens waive all claims for remuneration for such use and all rights to inspect or approve all draft, beta, preliminary, and finished material.   

 

Minimum Age. Persons under age 18 may not be a Partner Mavens and no Partner Maven shall knowingly recruit or sponsor, or attempt to recruit or sponsor, any person under age 18 as a Partner Maven. 

 

Severability. If any provision of the Agreement, in its current form or as amended, is held void or unenforceable, only the void or unenforceable portion(s) of the provision shall be severed from the Agreement and the remaining provisions shall remain in effect. The severed provision shall be reformed so that it is in compliance with the law and reflects the purpose of the original provision as closely as possible. The existence of any claim or cause of action of a Maven against Mavely shall not constitute a defense to Mavely’s enforcement of any term or provision of the Agreement.  

 

Term and Renewal of the Agreement. The term of the Agreement is one year from the date of enrollment and shall automatically renew for additional one-year terms on each anniversary of the Agreement unless either party notifies the other that it does not wish to renew the Agreement. If Mavely elects not to renew the Agreement, the Company shall provide the Maven with at least 30 days’ prior written notice. A Maven may cancel her Mavely business at any time and for any reason and may elect not to renew the Agreement without prior notice. 

 

Mavely reserves the right to terminate all Maven Agreements upon 30 days’ notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and/or services via direct selling channels.   

 

General Conduct. Mavens shall safeguard and promote the good reputation of Mavely and its products and services, and must avoid all illegal, deceptive, misleading, unethical or immoral conduct or practices. Mavens agree that they shall exhibit high moral character in their personal and professional conduct. Mavens shall not engage in any conduct that may damage the Company’s goodwill or reputation. While it is impossible to specify all misconduct that would be contrary to this provision, and the following list is not a limitation on the standards of conduct to which Mavens must adhere pursuant to this section, the following standards specifically apply to Mavens’ activities: 

 

Deceptive conduct is always prohibited.  Mavens must ensure that their statements are truthful, fair, accurate, and are not misleading;

If the Agreement is cancelled for any reason, the Maven must discontinue using the Mavely name, and all other Mavely intellectual property, and all derivatives of such intellectual property, in postings on all Social Media, websites, or other promotional material.  

Mavens must not engage in any illegal, fraudulent, deceptive, or manipulative conduct in their business or their personal lives that, in the Company’s sole discretion, could damage the Company’s reputation or the culture that exists within the field sales force. 

Mavens must abide by all FTC Influencer Disclosure guidelines, included here for reference:  https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf

 

Social Media. In addition to meeting all other requirements specified in these Terms & Policies, should a Maven utilize any form of social media in connection with her Mavely business, including but not limited to blogs, Facebook, Twitter, LinkedIn, YouTube, or Pinterest, the Maven agrees to follow all the social media site’s terms of use. 


 

Trademarks and Copyrights. The name “Mavely” and other names and logos as may be adopted by the Company are proprietary trade names, trademarks and service marks of Mavely. The Company grants Mavens a limited license to use its trademarks and trade names in promotional media for so long as the Maven’s Agreement is in effect. Upon cancellation of a Maven’s Agreement for any reason, the license shall expire, and the Maven shall immediately discontinue all use of the Company’s trademarks and trade names. Under no circumstances may a Maven use any of Mavely’s trademarks or trade names in any email address, website domain name, social media handle, social media name or address, or in any unapproved Sales Tools.  

 

Media Inquiries.  Mavens must not interact with the media regarding the Mavely business or products. All inquiries from the media, including radio, television, print, online, or any other medium, shall be directed to Mavely’s marketing department.   

 

Adjustment to Bonuses and Commissions. Compensation stemming from product sales is fully earned when the applicable return, repurchase, and chargeback periods applicable to product sales have all expired. If a product is returned to the seller for a refund or is repurchased by the seller, or if a customer charges back a purchase to her credit card, the seller of the product will reverse the commissions paid to Mavely. In that event, the compensation attributable to the returned or repurchased product(s) will be recovered by the Company from the Mavens who were paid commissions or bonuses on the original sales of such products. Such unearned compensation will be deducted, in the month in which the refund is issued or the chargeback occurs and continuing every pay period thereafter until the commissions are fully recovered.

 

Mavely reserves the right to withhold or reduce any Maven’s compensation as it deems necessary to comply with any garnishment or court order directing Mavely to retain, hold, or redirect such compensation to a third party. 

 

Disciplinary Sanctions. Violation of the Agreement, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by a Maven that the Company reasonably believes may damage its reputation or goodwill, may result in the suspension or termination of this Agreement, and/or any other disciplinary measure that Mavely deems appropriate to address the misconduct. In situations deemed appropriate by Mavely, the Company may institute legal proceedings for monetary and/or equitable relief. 

 

Indemnification. Mavens agree to indemnify Mavely for any and all costs, expenses, consumer reimbursements, fines, sanctions, damages, settlements or payments of any other nature that Mavely incurs resulting from or relating to any act or omission by Maven that is illegal, fraudulent, deceptive, negligent, unethical, or in violation of the Agreement. Mavely may elect to exercise its indemnification rights through withholding any compensation due the Maven. This right of setoff shall not constitute Mavely’s exclusive means of recovering or collecting funds due Mavely pursuant to its right to indemnification.   

 

Effect of Cancellation. A Maven whose business is cancelled for any reason will lose all Maven rights, benefits and privileges. This includes the right to represent yourself as a Maven, to sell Mavely products and services and the right to receive commissions, bonuses, or other income resulting from her own sales and the sales and other activities of the Maven and the Maven’s former Team. 

 

Reporting Errors. If a Maven believes that Mavely has made an error in her compensation, the structure or organization of her genealogy, or any other error that impacts the Maven’s income, she must report it to the Company in writing within 60 days from the date on which the mistake occurred. While Mavely shall use its best efforts to correct errors reported more than 60 days after the date of the error, Mavely shall not be responsible to make changes or remunerate Mavens for losses for mistakes that are reported more than 60 days after the mistake occurs.

 

Dispute Resolution. If a dispute arises between a Maven and Mavely relating to the Agreement, the Mavely business, or the rights and obligations of either party, the parties shall resolve the dispute as set forth in this Dispute Resolution Provision.   


PRIVACY POLICY


This Privacy Policy describes how your personal information is collected, used, and shared when you visit https://mavely.life, or use the Mavely Link Creator Browser Extension" (our "Services").


PERSONAL INFORMATION WE COLLECT

When you use our Services, we automatically collect certain information about your device, including information about your web browser, and IP address. Additionally, as you use our Services, we collect information about the individual web pages that you view, and information about how you interact with our Services. We refer to this automatically-collected information as "Device Information."


We may collect personal information from your device, browsing actions and site usage patterns automatically when you visit or interact with our Services, which may include log data (such as internet protocol (IP) address, operating system, browser type, browser id, the URL used to create an affiliate link, date/time of visit, the time spent on our Services and any errors that may occur during the visit to our Services), analytics data and location data (such as general geographic location based on the log data we or our third-party providers collect).


We collect Device Information using the following technologies:

    

- "Log files" track actions occurring on our Services, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

- Analytics tools that record information about how you use our Services.


We use the Device Information to improve and optimize our Services (for example, by generating analytics about how our customers browse and interact with our Services, and to assess the success of our marketing and advertising campaigns).


OUR USE OF PERSONAL INFORMATION

- Operate, maintain, and provide to you our Services, features and functionality of our Services;

- Administer and improve the quality and design of our Services;

- Market and promote our Services to you;

- Diagnose and correct problems with our Services;

- Commission processing, payments, and reports;

- Create new features, functionality, and services;

- Communicate with you, including sending you emails regarding products or services that you have liked or may like;

- Provide customer support;

- Manage your account;

- Manage our organization and its day-to-day operations;

- Protect the safety, security and integrity of our Services;

- Enforce the End User License Agreement and Terms of Service, this Policy and any other agreements you have entered into with Mavely;

- Defend, protect or enforce our rights or applicable contracts and agreements;

- Prevent, investigate or provide notice of fraud or unlawful or criminal activity; and

- Comply with legal obligations.


MINORS

Our services are not intended for individuals under the age of 13.


CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.


CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us here: https://www.joinmavely.com/contact, or by mail using the details provided to: 625 W Adams St, Chicago, IL, 60607, United States