S ettlement Fund Benefit Sample Clauses

S ettlement Fund Benefit. “A”—Refunds for Starter Kits. During the Settlement Class Period, Jeunesse has charged new Distributors varying amounts, most often Forty Nine Dollars ($49.00), for a “Starter Kit” of marketing materials and other business support. If a Settlement Class Member affirms on a Claim Form that he or she (a) paid that fee with the intention of building a business selling Jeunesse products (as opposed to, for example, with the intention to purchase Jeunesse products at Distributor-discounted prices solely for self-consumption); (b) never advanced in rank in the Jeunesse genealogy of distributors; and (c) did not earn at least the amount he or she paid for the Starter Kit in commissions or product resales; then that Settlement Class Member may claim a refund for the price he or she paid for the Starter Kit. In addition to the affirmations described above, such a Settlement Class Member need only provide his or her name, address, Jeunesse account number, approximate date of the Starter Kit purchase and price paid for the Starter Kit. Jeunesse will provide this information to the claims administrator to be verified by the Claims Administrator, who will construe the information broadly in favor of approving claims of responding Class Members.

S ettlement Fund Benefit. “B”—Refunds for Discarded Products. Although Jeunesse always has allowed Distributors who wished to resign from their Distributorships to return unsold products within twelve (12) months of purchase for at least a ninety-percent (90%) refund, Plaintiffs contend, and Jeunesse disputes, that some Distributors may have discarded Jeunesse products rather than attempting to return them. A Settlement Class Member who attests on a Claim Form that he or she discarded Jeunesse products that he or she intended to resell, but was unsuccessful in reselling, may claim a refund of fifty percent (50%) of the price paid for that discarded merchandise. On the Claim Form, the Settlement Class Member shall identify, in addition to his or her name, address, and Jeunesse account number, (a) the name and/or SKU of the product(s) discarded, (b) the estimated date(s) of purchase of the product(s) subsequently discarded, (c) the date(s) on which the product(s) was or were discarded, and (d) the actual or approximate amount paid for each discarded product (the “Product Return Amount”). Jeunesse will provide this information to the claims administrator to be verified by the Claims Administrator, who will construe the information broadly in favor of approving claims of responding Class Members. If the Settlement Class Member claiming this benefit is unable to provide the actual or approximate price(s) he or she paid for the product(s) discarded, then the Claims Administrator shall calculate the claims amount to be 50% of the price Jeunesse charged Distributors for the product(s) on the purchase date(s).