Mary Kay® Personal Web Site Program and
Consultant Locator General Terms and Conditions
- The
Personal Web Site is a web based tool offered by Mary Kay Inc. ("Company")
to active Independent Beauty Consultants for use in the promotion of the
Independent Beauty Consultant’s Mary Kay® business. The Independent
Beauty Consultant agrees to use the Personal Web Site only for this
purpose.
- The
Consultant Locator is a tool that allows customers and potential customers
to search by name or preferred location for an Independent Beauty
Consultant on a Mary Kay sponsored web site. The Consultant Locator can
link a customer to an Independent Beauty Consultant’s Personal Web Site or
provides other contact information. The Independent Beauty Consultant
agrees to use information obtained through the Consultant Locator only for
purposes of conducting the Beauty Consultant’s Mary Kay® business.
- The Company
reserves the right to alter, change, update, terminate or otherwise modify
in any form or fashion all or any portion of the Mary Kay® Personal Web
Site Program and the Consultant Locator.
- The Company
reserves the right to remove or suspend any Independent Beauty Consultant
from the marykay.com Consultant Locator at any time or to remove or
suspend any Independent Beauty Consultant Mary Kay® Personal Web Site at
any time.
- It is
acknowledged and agreed that the Independent Beauty Consultant is an
independent contractor and is not a joint venturer with, or franchisee,
partner, agent or employee of the Company. It is acknowledged and agreed
the Independent Beauty Consultant has no power or authority to incur any debt,
obligation or liability on behalf of the Company.
- The
Independent Beauty Consultant consents to the sharing and release of
information used in the Mary Kay® Personal Web Site Program through the
marykay.com Consultant Locator and/or the On-line Shopping function.
- The
Independent Beauty Consultant agrees that all information shared by the
Independent Beauty Consultant through the Consultant Locator and the
Personal Web Site Program (or any other tool or service that may be
offered by Mary Kay from time to time) will be true and correct and will
not contain any false or misleading information.
- The
Independent Beauty Consultant agrees that the Independent Beauty
Consultant shall be liable for any and all taxes, duties, charges and
licenses that may be assessed or levied by any authority relating to or
arising out of participation in the Mary Kay® Personal Web Site Program,
and shall indemnify and hold the Company harmless from and against any
such liability, tax, penalty, interest or other costs.
- THE INDEPENDENT
BEAUTY CONSULTANT AGREES TO INDEMNIFY AND HOLD THE COMPANY HARMLESS FROM
AND AGAINST ANY LIABILITY, LOSS, COST, CLAIM OR EXPENSE (INCLUDING,
WITHOUT LIMITATION, ATTORNEY’S FEES AND EXPENSES, COURT COST AND COST OF
INVESTIGATION) ARISING OUT OF, OR ALLEGED TO HAVE ARISEN OUT OF, THE
INDEPENDENT BEAUTY CONSULTANT’S PARTICIPATION IN THE Mary Kay® Personal Web Site
Program.
- Only one
Mary Kay® Personal Web Site is allowed per Independent Beauty Consultant.
- Requirements
for participation in the zip code search through the Consultant Locator
are determined at the Company’s sole discretion. The Company reserves the
right to alter, change, update or otherwise modify such requirements in
any form or fashion at any time without notice. Details on how the
Consultant Locator works are located in the Mary Kay® Personal Web Site
FAQ section.
- It is
acknowledged and agreed that the use of Company trademarks in any form of
electronic advertising, including the Internet, is not authorized except
through Company-approved trademark standardization programs such as the
Mary Kay® Personal Web Site Program and the Mary Kay Social Media
Guidelines.
- Independent
Beauty Consultants agree to respect the privacy of every individual who
visits an Independent Beauty Consultant’s Mary Kay® Personal Web Site and
shall use information only for the purposes for which the information was
provided and for no other purpose.
- The
Independent Beauty Consultant shall comply with any and all applicable
laws and regulations regarding the collection, storage and use of
information provided to the Independent Beauty Consultant through the
Consultant Locator and Personal Web Site Program. Such obligations
include compliance with data protection and privacy laws in the
jurisdictions in which the Independent Beauty Consultant conducts her
business activities.
- The
Independent Beauty Consultant further agrees to abide by the Mary Kay®
Personal Web Site Privacy Statement as well as the Mary Kay® Consumer
Privacy Policy, to the extent applicable to the Independent Beauty
Consultant.
- Before you advertise your Mary Kay
business or use any Mary Kay trademarks or trade names on the Internet or
in social media (such as Facebook, Twitter, MySpace), you should review
the Company’s Internet and Social Media Guidelines within the Company’s
Legal-ease Guidelines. The Legal-ease Guidelines are available on Mary Kay
InTouch® under the Resources and Tax & Legal tabs.