Common use of COMPETITIVE SELLING Clause in Contracts

COMPETITIVE SELLING. As long as a Direct Sales Consultant's Pink Zebra Consultant Agreement remains in force, a Direct Sales Consultant may not become a salesperson for any other direct sales, party plan or network marketing program that sells candle or fragrance, home décor products, or other competing items carried in the Pink Zebra product line. A Direct Sales Consultant must not be an agent, independent salesperson, employee or owner of any entity whose primary purpose is the manufacture, marketing or sale of candles / fragrance, home décor products or other competing items carried in the Pink Zebra product line. For the purposes of this policy, a company is competing with Pink Zebra when the offering is a significant portion of the company's product and marketing presence. COMPETITIVE SPONSORING Direct Sales Consultants may not use the association and drawing power of their Pink Zebra business to sponsor or develop any other direct sales organization. During the term of a Consultant's Agreement, Direct Sales Consultants may not sponsor other Pink Zebra Consultants for any network marketing, party plan or direct sales business. The term "sponsor" means actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way, either directly or indirectly, another Pink Zebra Consultant or customer to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity. This conduct constitutes sponsoring even if the Direct Sales Consultant's actions are in response to an inquiry made by another Direct Sales Consultant. TEAM SPONSORING Pink Zebra undertakes all efforts to support the ethical business efforts of all Direct Sales Consultants. Any activity that attempts to sponsor another Direct Sales Consultant's Team, slander another Direct Sales Consultant, enroll a Direct Sales Consultant as a new Team member prior to his or her termination and completing the required six calendar month inactivity period (for prior Direct Sales Consultants), or undertake other activities that could be interpreted as unethical may subject a Direct Sales Consultant to disciplinary action. TRADEMARK & INTELLECTUAL PROPERTIES TRADEMARK The Pink Zebra business name and trademarks belong exclusively to the Company. An active Direct Sales Consultant may use the trademarks provided he or she uses them correctly. Consultants must use the registered trademark symbols ® or ™ where applicable and may not alter the trademarks in any way. A Direct Sales Consultant may use Pink Zebra’s trademarks, copyrighted material and other intellectual property only with Pink Zebra’s prior written permission, which may be expressed through general publication (to all Direct Sales Consultants) or specifically in writing to one or more Direct Sales Consultants. Without limitation, Pink Zebra may require conformity with specifications, may require that materials that use Pink Zebra’s trademarks and/or copyrighted materials be sourced from Pink Zebra and may otherwise condition use of its trademarks and copyrighted works. Any permission granted by Pink Zebra shall constitute a limited, non-exclusive, non-transferable and revocable license to use such trademarks and copyrighted works solely in connection with the Pink Zebra business. You agree to immediately transfer to Pink Zebra, upon Pink Zebra’s request, any Internet domain name or other registration or application containing an Pink Zebra trademark. Direct Sales Consultants who are terminated or terminate his or her Agreement lose all rights and privileges of a Direct Sales Consultant and may no longer use the Pink Zebra business name or trademark. LOGO USE Pink Z Pink Zebra currently has the following registered names that are logos (defined as stylized characters) which may be used but not altered. They are: • Pink Zebra • Simmering Lights® logo • Soft Soy® logo • Soaks™ logo • Just Add Soaks™ logo • HEROES™ program • Rallies • EZ PZ™ • Club Pink™ Anytime these words are used in the form of a logo (whether individually or with other text), they may not be altered and must remain as the approved logo. Direct Sales Consultants must use the "Independent Consultant" Pink Zebra logo as it appears on the pre-approved logos section available on ZebraNET and the Pink Zebra Logo based on the guidelines provided below. The logo cannot be altered in any way. Additionally, Direct Sales Consultants may duplicate the Pink Zebra logo on any type of clothing, supply item or other promotional items to market their Pink Zebra businesses but not for the purpose of resale. Direct Sales Consultants who are terminated or terminate his or her Agreement lose all rights and privileges of a Consultant and may no longer use the Pink Zebra logos. Types Pink Zebra Home Independent Consultant Logo Pink Zebra Home Logo Car Decals, Tents, Banners X Social Media, Business Cards X Logo Wear - Shirts, Jackets, Caps X Key Chains, Water Bottles or Cups X Self-designed flyers X PATENTS Any patents owned by Pink Zebra that cover certain Pink Zebra products are protected under U.S. federal law. PINK ZEBRA LITERATURE Producing photocopies of any Pink Zebra publication is permitted provided it is intended for business use but not for dissemination. Copyrighted material includes any publication or form provided by Pink Zebra via the Internet or otherwise. Reproducing or scanning copyrighted publications, including a Pink Zebra catalog, is a violation of the U.S. and Canadian copyright laws protecting these items. Direct Sale Consultants are permitted to use text from Pink Zebra publications, provided they include a citation of the publication from which the information was taken, giving all credit to Pink Zebra. Pink Zebra owns the copyrights to any advertisements approved by the home office and reserves the right to use these approved advertisements in any way seen fit. COPYRIGHT / INTELLECTUAL PROPERTY OTHER THAN PINK ZEBRA Direct Sales Consultants are not allowed to use images of other brands, personalities, athletes or other that have not been approved by the owner and properly compensated. CAREER PLAN INTRODUCTION The Pink Zebra Compensation Plan introduces an exciting, trendsetting method of compensating our Independent Consultants. It is surprisingly simple, financially rewarding and equitable, in terms of giving everyone involved an equal opportunity for success. The Plan combines the best of retail sales methods and traditional wholesale distribution with an aggressive and duplicable method for geometrically growing your business. The Pink Zebra sponsoring formula will make building your business fun and profitable! Our goals are simple, but the rewards are great.

Appears in 2 contracts

Samples: Independent Contractor Agreement, Independent Contractor Agreement

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COMPETITIVE SELLING. As long as a Direct Sales Consultant's ’s Pink Zebra Consultant Agreement remains in force, a Direct Sales Consultant may not become a salesperson for any other direct sales, party plan or network marketing program that sells candle or fragrance, home décor products, or other competing items carried in the Pink Zebra product line. A Direct Sales Consultant must not be an agent, independent salesperson, employee or owner of any entity whose primary purpose is the manufacture, marketing or sale of candles / fragrance, home décor products or other competing items carried in the Pink Zebra product line. For the purposes of this policy, a company is competing with Pink Zebra when the offering is a significant portion of the company's ’s product and marketing presence. COMPETITIVE SPONSORING Direct Sales Competitive Sponsoring Consultants may not use the association and drawing power of their Pink Zebra business to sponsor or develop any other direct sales organization. During the term of a Consultant's ’s Agreement, Direct Sales Consultants may not sponsor other Pink Zebra Consultants for any network marketing, party plan or direct sales business. The term "sponsor" means actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way, either directly or indirectly, another Pink Zebra Consultant or customer to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity. This conduct constitutes sponsoring even if the Direct Sales Consultant's ’s actions are in response to an inquiry made by another Direct Sales Consultant. TEAM SPONSORING Team Sponsoring Pink Zebra undertakes all efforts to support the ethical business efforts of all Direct Sales Consultants. Any activity that attempts to sponsor another Direct Sales Consultant's ’s Team, slander another Direct Sales Consultant, enroll a Direct Sales Consultant as a new Team member prior to his or her termination and completing the required six calendar month inactivity period (for prior Direct Sales Consultants), or undertake other activities that could be interpreted as unethical may subject a Direct Sales Consultant to disciplinary action. TRADEMARK & INTELLECTUAL PROPERTIES TRADEMARK Trademark The Pink Zebra business name and trademarks belong exclusively to the Company. An active Direct Sales Consultant may use the trademarks provided he or she uses them correctly. Consultants must use the registered trademark symbols ® or ™ where applicable and may not alter the trademarks in any way. A Direct Sales Consultant may use Pink Zebra’s trademarks, copyrighted material and other intellectual property only with Pink Zebra’s prior written permission, which may be expressed through general publication (to all Direct Sales Consultants) or specifically in writing to one or more Direct Sales Consultants. Without limitation, Pink Zebra may require conformity with specifications, may require that materials that use Pink Zebra’s trademarks and/or copyrighted materials be sourced from Pink Zebra and may otherwise condition use of its trademarks and copyrighted works. Any permission granted by Pink Zebra shall constitute a limited, non-exclusive, non-transferable and revocable license to use such trademarks and copyrighted works solely in connection with the Pink Zebra business. You agree to immediately transfer to Pink Zebra, upon Pink Zebra’s request, any Internet domain name or other registration or application containing an Pink Zebra trademark. Direct Sales Consultants who are terminated or terminate his or her Agreement resign lose all rights and privileges of a Direct Sales Consultant and may no longer use the Pink Zebra business name or trademark. LOGO USE Pink Z Logo Use Pink Zebra currently has the following registered names that are logos (defined as stylized characters) which may be used but not altered. They are: Pink Zebra Simmering Lights® logo Soft Soy® logo • Soaks™ logo • Just Add Soaks™ logo HEROES™ program Rallies EZ PZ™ Club Pink™ Anytime these words are used in the form of a logo (whether individually or with other text), they may not be altered and must remain as the approved logo. Direct Sales Consultants must use the "Independent Consultant" Pink Zebra logo as it appears on the pre-pre- approved logos section available on ZebraNET and the Pink Zebra Logo based on the guidelines provided below. The logo cannot be altered in any way. Additionally, Direct Sales Consultants may duplicate the Pink Zebra logo on any type of clothing, supply item or other promotional items to market their Pink Zebra businesses (as defined below) but not for the purpose of resale. Direct Sales Consultants who are terminated or terminate his or her Agreement resign lose all rights and privileges of a Consultant and may no longer use the Pink Zebra logos. Example Types Pink Zebra Home Independent Consultant Logo Pink Zebra Home Logo Car Vehicle/Trailer/Mobile - Decals, TentsWraps, Banners Vehicle Designs X Social MediaMedia Graphics, Business Cards Cards, Self-designed Flyers, Images, Posters, Banners, Stationary, Recipe Books X Logo Wear - Shirts, Jackets, Caps Caps, Tents X Table Cloths, Table Runners, Key Chains, Water Bottles or Cups X Self-designed flyers X PATENTS Patents Any patents owned by Pink Zebra that cover certain Pink Zebra products are protected under U.S. federal law. PINK ZEBRA LITERATURE Pink Zebra Literature Producing photocopies of any Pink Zebra publication is permitted provided it is intended for business use but not for dissemination. Copyrighted material includes any publication or form provided by Pink Zebra via the Internet or otherwise. Reproducing or scanning copyrighted publications, including a Pink Zebra catalog, is a violation of the U.S. and Canadian copyright laws protecting these items. Direct Sale Consultants are permitted to use text from Pink Zebra publications, provided they include a citation of the publication from which the information was taken, giving all credit to Pink Zebra. Pink Zebra owns the copyrights to any advertisements approved by the home office and reserves the right to use these approved advertisements in any way seen fit. COPYRIGHT Copyright / INTELLECTUAL PROPERTY OTHER THAN PINK ZEBRA Direct Sales Intellectual Property Other Than Pink Zebra Consultants are not allowed to use images of other brands, personalities, athletes or other that have not been approved by the owner and properly compensated. CAREER PLAN INTRODUCTION Introduction The Pink Zebra Compensation Plan introduces an exciting, trendsetting method of compensating our Independent Consultants. It is surprisingly simple, financially rewarding and equitable, in terms of giving everyone involved an equal opportunity for success. The Plan combines the best of retail sales methods and traditional wholesale distribution with an aggressive and duplicable method for geometrically growing your business. The Pink Zebra sponsoring formula will make building your business fun and profitable! Our goals are simple, but the rewards are great.

Appears in 2 contracts

Samples: Independent Contractor Agreement, Independent Contractor Agreement

COMPETITIVE SELLING. As long as a Direct Sales Consultant's ’s Pink Zebra Consultant Agreement remains in force, a Direct Sales Consultant may not become a salesperson for any other direct sales, party plan or network marketing program that sells candle or fragrance, home décor products, or other competing items carried in the Pink Zebra product line. A Direct Sales Consultant must not be an agent, independent salesperson, employee or owner of any entity whose primary purpose is the manufacture, marketing or sale of candles / fragrance, home décor products or other competing items carried in the Pink Zebra product line. For the purposes of this policy, a company is competing with Pink Zebra when the offering is a significant portion of the company's ’s product and marketing presence. COMPETITIVE SPONSORING Direct Sales Consultants may not use the association and drawing power of their Pink Zebra business to sponsor or develop any other direct sales organization. During the term of a Consultant's ’s Agreement, Direct Sales Consultants may not sponsor other Pink Zebra Consultants for any network marketing, party plan or direct sales business. The term "sponsor" means actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way, either directly or indirectly, another Pink Zebra Consultant or customer to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity. This conduct constitutes sponsoring even if the Direct Sales Consultant's ’s actions are in response to an inquiry made by another Direct Sales Consultant. TEAM SPONSORING Pink Zebra undertakes all efforts to support the ethical business efforts of all Direct Sales Consultants. Any activity that attempts to sponsor another Direct Sales Consultant's ’s Team, slander another Direct Sales Consultant, enroll a Direct Sales Consultant as a new Team member prior to his or her termination and completing the required six calendar month inactivity period (for prior Direct Sales Consultants), or undertake other activities that could be interpreted as unethical may subject a Direct Sales Consultant to disciplinary action. TRADEMARK & INTELLECTUAL PROPERTIES TRADEMARK The Pink Zebra business name and trademarks belong exclusively to the Company. An active Direct Sales Consultant may use the trademarks provided he or she uses them correctly. Consultants must use the registered trademark symbols ® or ™ where applicable and may not alter the trademarks in any way. A Direct Sales Consultant may use Pink Zebra’s trademarks, copyrighted material and other intellectual property only with Pink Zebra’s prior written permission, which may be expressed through general publication (to all Direct Sales Consultants) or specifically in writing to one or more Direct Sales Consultants. Without limitation, Pink Zebra may require conformity with specifications, may require that materials that use Pink Zebra’s trademarks and/or copyrighted materials be sourced from Pink Zebra and may otherwise condition use of its trademarks and copyrighted works. Any permission granted by Pink Zebra shall constitute a limited, non-exclusive, non-transferable and revocable license to use such trademarks and copyrighted works solely in connection with the Pink Zebra business. You agree to immediately transfer to Pink Zebra, upon Pink Zebra’s request, any Internet domain name or other registration or application containing an Pink Zebra trademark. Direct Sales Consultants who are terminated or terminate his or her Agreement lose all rights and privileges of a Direct Sales Consultant and may no longer use the Pink Zebra business name or trademark. LOGO USE Pink Z Pink Zebra currently has the following registered names that are logos (defined as stylized characters) which may be used but not altered. They are: • Pink Zebra • Simmering Lights® logo • Soft Soy® logo • Soaks™ logo • Just Add Soaks™ logo • HEROES™ program • Rallies • EZ PZ™ • Club Pink™ Anytime these words are used in the form of a logo (whether individually or with other text), they may not be altered and must remain as the approved logo. Direct Sales Consultants must use the "Independent Consultant" Pink Zebra logo as it appears on the pre-approved logos section available on ZebraNET and the Pink Zebra Logo based on the guidelines provided below. The logo cannot be altered in any way. Additionally, Direct Sales Consultants may duplicate the Pink Zebra logo on any type of clothing, supply item or other promotional items to market their Pink Zebra businesses but not for the purpose of resale. Direct Sales Consultants who are terminated or terminate his or her Agreement lose all rights and privileges of a Consultant and may no longer use the Pink Zebra logos. Types Pink Zebra Home Independent Consultant Logo Pink Zebra Home Logo Car Decals, Tents, Banners X Social Media, Business Cards X Logo Wear - Shirts, Jackets, Caps X Key Chains, Water Bottles or Cups X Self-designed flyers X PATENTS Any patents owned by Pink Zebra that cover certain Pink Zebra products are protected under U.S. federal law. PINK ZEBRA LITERATURE Producing photocopies of any Pink Zebra publication is permitted provided it is intended for business use but not for dissemination. Copyrighted material includes any publication or form provided by Pink Zebra via the Internet or otherwise. Reproducing or scanning copyrighted publications, including a Pink Zebra catalog, is a violation of the U.S. and Canadian copyright laws protecting these items. Direct Sale Consultants are permitted to use text from Pink Zebra publications, provided they include a citation of the publication from which the information was taken, giving all credit to Pink Zebra. Pink Zebra owns the copyrights to any advertisements approved by the home office and reserves the right to use these approved advertisements in any way seen fit. COPYRIGHT / INTELLECTUAL PROPERTY OTHER THAN PINK ZEBRA Direct Sales Consultants are not allowed to use images of other brands, personalities, athletes or other that have not been approved by the owner and properly compensated. CAREER PLAN INTRODUCTION The Pink Zebra Compensation Plan introduces an exciting, trendsetting method of compensating our Independent Consultants. It is surprisingly simple, financially rewarding and equitable, in terms of giving everyone involved an equal opportunity for success. The Plan combines the best of retail sales methods and traditional wholesale distribution with an aggressive and duplicable method for geometrically growing your business. The Pink Zebra sponsoring formula will make building your business fun and profitable! Our goals are simple, but the rewards are great.PROPERTIES

Appears in 1 contract

Samples: Independent Contractor Agreement

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COMPETITIVE SELLING. As long as a Direct Sales Consultant's ’s Pink Zebra Consultant Agreement remains in force, a Direct Sales Consultant may not become a salesperson for any other direct sales, party plan or network marketing program that sells candle or fragrance, home décor products, or other competing items carried in the Pink Zebra product line. A Direct Sales Consultant must not be an agent, independent salesperson, employee or owner of any entity whose primary purpose is the manufacture, marketing or sale of candles / fragrance, home décor products or other competing items carried in the Pink Zebra product line. For the purposes of this policy, a company is competing with Pink Zebra when the offering is a significant portion of the company's ’s product and marketing presence. Any Consultant holding the title of Director, Executive Director or Presidential Director must sign and adhere to the Amendment to the Independent Contractor Agreement. COMPETITIVE SPONSORING Direct Sales SPONSORING‌ Consultants may not use the association and drawing power of their Pink Zebra business to sponsor or develop any other direct sales organization. During the term of a Consultant's ’s Agreement, Direct Sales Consultants may not sponsor other Pink Zebra Consultants for any network marketing, party plan or direct sales business. The term "sponsor" means actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way, either directly or indirectly, another Pink Zebra Consultant or customer to enroll or participate in another multilevel marketing, network marketing or direct sales opportunity. This conduct constitutes sponsoring even if the Direct Sales Consultant's ’s actions are in response to an inquiry made by another Direct Sales Consultant. TEAM SPONSORING SPONSORING‌ Pink Zebra undertakes all efforts to support the ethical business efforts of all Direct Sales Consultants. Any activity that attempts to sponsor another Direct Sales Consultant's ’s Team, slander another Direct Sales Consultant, enroll a Direct Sales Consultant as a new Team member prior to his or her termination and completing the required six calendar month inactivity period (for prior Direct Sales Consultants), or undertake other activities that could be interpreted as unethical may subject a Direct Sales Consultant to disciplinary action. TRADEMARK & INTELLECTUAL PROPERTIES TRADEMARK The Pink Zebra business name and trademarks belong exclusively to the Company. An active Direct Sales Consultant may use the trademarks provided he or she uses them correctly. Consultants must use the registered trademark symbols ® or ™ where applicable and may not alter the trademarks in any way. A Direct Sales Consultant may use Pink Zebra’s trademarks, copyrighted material and other intellectual property only with Pink Zebra’s prior written permission, which may be expressed through general publication (to all Direct Sales Consultants) or specifically in writing to one or more Direct Sales Consultants. Without limitation, Pink Zebra may require conformity with specifications, may require that materials that use Pink Zebra’s trademarks and/or copyrighted materials be sourced from Pink Zebra and may otherwise condition use of its trademarks and copyrighted works. Any permission granted by Pink Zebra shall constitute a limited, non-exclusive, non-transferable and revocable license to use such trademarks and copyrighted works solely in connection with the Pink Zebra business. You agree to immediately transfer to Pink Zebra, upon Pink Zebra’s request, any Internet domain name or other registration or application containing an Pink Zebra trademark. Direct Sales Consultants who are terminated or terminate his or her Agreement lose all rights and privileges of a Direct Sales Consultant and may no longer use the Pink Zebra business name or trademark. LOGO USE Pink Z Pink Zebra currently has the following registered names that are logos (defined as stylized characters) which may be used but not altered. They are: • Pink Zebra • Simmering Lights® logo • Soft Soy® logo • Soaks™ logo • Just Add Soaks™ logo • HEROES™ program • Rallies • EZ PZ™ • Club Pink™ Anytime these words are used in the form of a logo (whether individually or with other text), they may not be altered and must remain as the approved logo. Direct Sales Consultants must use the "Independent Consultant" Pink Zebra logo as it appears on the pre-approved logos section available on ZebraNET and the Pink Zebra Logo based on the guidelines provided below. The logo cannot be altered in any way. Additionally, Direct Sales Consultants may duplicate the Pink Zebra logo on any type of clothing, supply item or other promotional items to market their Pink Zebra businesses but not for the purpose of resale. Direct Sales Consultants who are terminated or terminate his or her Agreement lose all rights and privileges of a Consultant and may no longer use the Pink Zebra logos. Types Pink Zebra Home Independent Consultant Logo Pink Zebra Home Logo Car Decals, Tents, Banners X Social Media, Business Cards X Logo Wear - Shirts, Jackets, Caps X Key Chains, Water Bottles or Cups X Self-designed flyers X PATENTS Any patents owned by Pink Zebra that cover certain Pink Zebra products are protected under U.S. federal law. PINK ZEBRA LITERATURE Producing photocopies of any Pink Zebra publication is permitted provided it is intended for business use but not for dissemination. Copyrighted material includes any publication or form provided by Pink Zebra via the Internet or otherwise. Reproducing or scanning copyrighted publications, including a Pink Zebra catalog, is a violation of the U.S. and Canadian copyright laws protecting these items. Direct Sale Consultants are permitted to use text from Pink Zebra publications, provided they include a citation of the publication from which the information was taken, giving all credit to Pink Zebra. Pink Zebra owns the copyrights to any advertisements approved by the home office and reserves the right to use these approved advertisements in any way seen fit. COPYRIGHT / INTELLECTUAL PROPERTY OTHER THAN PINK ZEBRA Direct Sales Consultants are not allowed to use images of other brands, personalities, athletes or other that have not been approved by the owner and properly compensated. CAREER PLAN INTRODUCTION The Pink Zebra Compensation Plan introduces an exciting, trendsetting method of compensating our Independent Consultants. It is surprisingly simple, financially rewarding and equitable, in terms of giving everyone involved an equal opportunity for success. The Plan combines the best of retail sales methods and traditional wholesale distribution with an aggressive and duplicable method for geometrically growing your business. The Pink Zebra sponsoring formula will make building your business fun and profitable! Our goals are simple, but the rewards are great.PROPERTIES‌

Appears in 1 contract

Samples: Independent Contractor Agreement

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