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Mark Independent Sales Representative Contract Terms and Conditions  
I. As a mark Independent Sales Representative for Avon, I agree to the following: 
A. To promote the sale of mark products actively, to honor the Satisfaction Guarantee promptly, and to make no statements, claims or representations, or do any act that would impair the name, reputation or goodwill of mark or Avon. 
B. To sell only to Consumers and not to sell through or to any unauthorized business entity or retail establishment or website.   Further, I will not use or register, and do not currently own, any domain names, keywords or metatags that include, in whole or in part, any of Avon's trademarks including, without limitation, the name AVON, or the name mark and I hereby consent to transfer to Avon any such domain names. 
C. To provide product orders and to pay Avon for such orders, and to collect sales tax on customer sales. In addition to any amounts that I owe to Avon, I will be responsible for payment of all fees assessed to my account by Avon and for collection costs, attorney fees, expenses, and court costs incurred by Avon in collecting any amounts I may owe Avon. 
D. To recognize that I am an Independent mark Representative and have no power or authority to incur any debt, obligation or liability, or make any promise or contract on behalf of mark or Avon. I understand that I will not be treated as an employee with respect to federal, state or local tax purposes, and I am responsible for paying my own income and self-employment taxes. 
E. To abide by the collective policies, procedures and guidelines of Avon and mark (collectively mark "Policies") as well as any future amendments thereto including, but not limited to, those governing the use of the mark e-boutique and/or other Avon websites, as well as all shipping and return policies. 
F. I agree that either party may terminate this Contract, with or without cause, at any time. 
G. To the extent permitted by law, I agree not to act as a representative, a private attorney general, or in any other representative capacity and/or participate as a member of a class of claimants in any lawsuit against Avon brought in state or Federal court, or in arbitration, with respect to any claims arising under this agreement, or with respect to my relationship with Avon. I understand that this waiver shall survive the termination of this Agreement and my removal as a mark Independent Sales Representative. 
H. By executing this Contract, I agree that any claim or lawsuit relating to this Contract, the mark or Avon Policies or my service as a mark Independent Sales Representative must be filed within six (6) months of the conduct or action giving rise to such claim or lawsuit. I hereby waive any statute of limitations providing for a longer period in which to file a claim or lawsuit.
I. As a mark Independent Sales Representative who buys and sells mark products for resale through my own business, Avon and I must routinely communicate with each other via U. S. mail, telephone, and other means to (1) receive information about available products and promotions, (2) process orders, (3) make or arrange payments, and (4) to conduct other business. Regardless of any listing on a federal or state Do Not Call registry, I specifically authorize Avon to call the residential, business or cell phone numbers that I have provided on this Contract using an agent, pre-recorded messages, automated dialers or any other method that Avon may choose to use from time to time.I request that any new or additional telephone numbers that I furnish to mark or Avon be incorporated by reference into this authorization.  I can revoke these authorizations by contacting mark Customer Service by phone at (513-551-2900) or by email using the 'contact customer service' link from the Rep home page. 
 
II.Other Provisions
A.This Contract shall be effective on the date it is received by Avon and shall supersede any Contract previously made between me, mark and Avon. This Contract may not be transferred or otherwise assigned without the prior written consent of the Avon Legal Department.
B. All orders are subject to acceptance by Avon.
C.Avon reserves the right to discontinue products or to change prices at any time. Avon reserves the right to change discount schedules or incentive programs upon ten (10) days prior written notice.
D. By choosing 'yes' under publicity release on this contract, I give my consent for Avon to publicize in any medium my name, photo, performance statistics and/or statements without payment for any mark-related purposes, including, but not limited to: magalogs, motivational web stories, etc.
E.I hereby grant authorization to Avon Products, Inc., at any time to investigate my character and credit-standing and agree to provide any information requested by Avon for the purpose of determining whether I should be appointed as a mark Independent Sales Representative.
F. I agree to pay all applicable shipping fees.
 G. Within six (6) months after the termination of my relationship with Avon, Avon will repurchase on reasonable commercial terms, current marketable inventory that the Representative has purchased for resale within the twelve(12) months prior to the termination of the Representative's relationship with Avon.
 H. If any provision of this Contract or of any of the mark or Avon Policies shall, to any extent, be held invalid, illegal or unenforceable, in whole or in part, the validity, legality, and enforceability of the remaining parts of this Contract and of the Avon Policies shall not be affected thereby.

I. This Contract shall be construed and governed by the laws of the State of New York, without giving effect to principles of conflicts of law.

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