Contracts
- IN Certificate of Incorporation
- IN Memorandum of Association
- IN Articles of Association
- IN Permanent Account Number
- IN Tax Deduction Account Number
- IN India Importer-Exporter Code
- IN Food Safety and Standards Authority of India (FSSAI) License
- IN Goods & Service Tax Registration
- IN Goods and Service Tax Returns
- IN Income Tax Returns
- IN Balance Sheet, Audit Report Details
- IN Trademark Details
- IN Return, Refund & Exchange Policy
- IN Payment, Shipping & Delivery Policy
- IN Consumer Complaints and Grievance Redressal Policy
- Global Privacy Notice
- Supplemental Privacy Policy Of Nu Skin India Private Limited
- IN Automatic Delivery Terms & Conditions
- IN Terms of Use
- IN Direct Seller Agreement
- IN Mandatory Orientation & Compliance Training
- IN Policies & Procedures
- IN Sales Performance Plan
- IN Member Agreement
IN Certificate of Incorporation
Version 1.0
IN Memorandum of Association
Version 1.0
IN Articles of Association
Version 1.0
IN Permanent Account Number
Version 2.0
IN Tax Deduction Account Number
Version 1.1
IN India Importer-Exporter Code
Version 1.2
IN Food Safety and Standards Authority of India (FSSAI) License
Version 1.2
IN Goods & Service Tax Registration
Version 1.1
IN Goods and Service Tax Returns
Version 1.0
IN Income Tax Returns
Version 1.0
IN Balance Sheet, Audit Report Details
Version 1.0
IN Trademark Details
Version 1.2
IN Return, Refund & Exchange Policy
Version 1.0
Effective October 21st 2025
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NU SKIN RETURN, REFUND & EXCHANGE POLICY
India
1. INTRODUCTION
At Nu Skin, we strive to provide you with the highest quality products that you can incorporate into your daily routine with confidence. We warrant that the products supplied by us will conform with the specifications provided and agree to remedy any non-conformity, if any. This document outlines Nu Skin's comprehensive policies regarding product returns, refunds, and exchanges.
The products sold by Nu Skin are covered by our manufacturer's warranty. If the product fails to meet the specifications provided or has any defects, you may be eligible for a return or exchange, subject to the terms and conditions outlined in this policy.
2. DEFINITIONS AND APPLICABILITY
Our refund policy applies exclusively to products that are unopened and in resalable condition. For the purposes of this policy:
- "Direct Seller" means a person appointed by Nu Skin on a principal-to-principal basis to undertake sale, distribution and marketing of products and services of Nu Skin.
- "Refund" refers to paying back the money collected on the sales of products being returned.
- "Return Merchandise Authorization (RMA)" refers to the approval number that must be obtained before shipping any return.
3. 30-DAY MONEY-BACK GUARANTEE
All unopened, resalable Nu Skin Products and Nu Skin Business Support Materials are eligible for a 100% refund if returned within 30 days of the order date, an 80% refund if returned within 31-60 days of the order date (20% restocking fee), or a 75% refund if returned within 61-90 days of the order date (a 25% restocking fee), in each case less applicable Bonuses or rebates paid on such product purchases. You may only return the Nu Skin Products or Nu Skin Business Support Materials you personally purchased from Nu Skin. You are not entitled to a refund of original shipping costs on Nu Skin Products or Nu Skin Business Support Materials that you return.
For Nu Skin to correctly back out the applicable Bonuses on returned Nu Skin Products, you must keep the sales order number from the invoice. You must provide the sales order number at the time you request a refund. See Section 2.4 of the Nu Skin India Policies & Procedures for more information.
4. COOLING OFF PERIOD FOR NEW DIRECT SELLERS
You are provided with a 30-day cooling-off period from the date you enter into the Nu Skin India Direct Seller Agreement. “The Withdrawal Period/Cooling Off Period” means the period during which you can resign/terminate this Agreement and seek a full refund for any purchases made during this period under the terms of Nu Skin’s refund policy.
IN Payment, Shipping & Delivery Policy
Version 1.0
Effective October 20th 2025
DownloadTable of Contents
PAYMENT, SHIPPING & DELIVERY POLICY
1. INTRODUCTION
At Nu Skin India, we take pride in offering our customers the finest products with a commitment to quality and excellence. To ensure a seamless shopping experience, we have outlined our Payment and Shipping Policy for complete transparency. This policy applies exclusively to purchases made through our official website accessed at: https://www.nuskin.com/static/india-opening/ and is designed to keep you informed about our transaction processes. We encourage you to review this policy carefully to understand your rights and responsibilities.
2. PAYMENT POLICY:
- The Payment Policy outlines the acceptable payment methods, security measures, and grievance redressal mechanisms applicable to all transactions conducted via our platform. Any registered Direct Seller of Nu Skin India can purchase products using their unique Direct Seller ID through Nu Skin India’s official website.
- Payment Gateway Partner: We have partnered with Razorpay Software Limited to facilitate secure, fast, and reliable transactions. However, Nu Skin India does not own or control the payment gateway services and highly recommends that Direct Sellers review the terms of use and other relevant policy documents of the payment gateway provider at https://razorpay.com before proceeding with any transactions.
- Accepted Payment Methods: We offer multiple payment options through our payment gateway partner to ensure ease and flexibility for our customers. Payments can be made through the following methods:
Credit Cards (Visa/Mastercard/Rupay (Domestic) |
Debit Cards (Visa/Mastercard/Rupay (Domestic) |
UPI |
Net Banking |
Wallets |
- Security Standards: Nu Skin India ensures that the highest level of security measures is adopted to protect customer payment data. Our payment gateway partner complies with the Payment Card Industry Data Security Standard (PCI DSS) Version 4.0, which establishes stringent security protocols for handling sensitive card information. Additionally, we comply with the latest Reserve Bank of India (RBI) regulations concerning Card-on-File Tokenization, ensuring that sensitive card details remain protected. For further details on the security systems adopted by our payment gateway provider, please visit https://razorpay.com/docs/security/.
- Confirmation and Order Processing: An order will be considered successfully placed only when the payment amount has been received and recorded in Nu Skin India’s accounts. If a payment is unsuccessful or pending, the corresponding order will be processed only when the payment’s confirmation is received by Nu Skin India. In cases where a payment is deducted but the order is not confirmed, Direct Sellers should contact customer support immediately.
- Payments Without Sufficient Funds: If any cheque issued by you to Nu Skin India is returned for insufficient funds or if any credit card payment made by you to Nu Skin India is reversed, you must immediately make payment to Nu Skin India for the full amount of the returned cheque or reversed credit card payment. If you fail to promptly make such payment, you are in breach of the Contract.
- Use of Another Individual’s Credit Card: You may not use a credit card that is not in your name or the name of a business owned by you to order Nu Skin Products without the card owner’s prior written approval. You must provide a copy of written approval to Nu Skin India upon request.
- Credentials: Nu Skin India does not store any payment credentials, including but not limited to Credit/Debit Card Numbers, CVV, Net Banking login details, or UPI PINs. Therefore, Direct Sellers must enter their credentials each time they make a purchase.
- Customer Grievance Redressal: Nu Skin India is dedicated to resolving any payment- related concerns promptly. If a Direct Seller encounters any payment-related issues, they may contact our customer care at +91 120 712 7177 or write an email to Customer Support at indiasupport@nuskin.com with the order reference number for quick resolution or to the Grievance Redressal Officer at indiacompliance@nuskin.com.
- Nu Skin India shall not be responsible for any errors, delays, or failures in payment processing due to technical or operational issues beyond its control, including but not limited to Bank server downtime, Payment gateway issues and/or Internet connectivity disruptions.
- Methods Of Ordering: Nu Skin India does not accept orders on credit. Orders will not be shipped until they are paid in full. Payment must be made by cashier’s cheque, money order, credit card, cash, direct debit or personal or business cheque, or such other method as may be accepted by Nu Skin India.
- Issuing Credits: Credit may be issued by Nu Skin India in instances of overpayment, Nu Skin Product exchanges, or in other circumstances when an order cannot be completely filled.
- Pricing And Product Changes: Nu Skin India maintains the right to change Nu Skin Product prices and the products that are offered and sold in India under the Nu Skin Brands without prior notice.
- Submitting Orders In The Name Of Another Direct Seller: You are prohibited from submitting orders in the name of another Direct Seller without the other Direct Seller’s prior written approval. You must provide a copy of written approvals to Nu Skin upon request.
3. SHIPPING & DELIVERY POLICY:
- Where does Nu Skin India Ship? Nu Skin India ships within the territory of India. Title to and risk of loss for any Nu Skin Products you order transfers to you when the products are shipped.
- Shipping/Delivery Time. Nu Skin India takes pride in shipping all orders promptly. Orders will be shipped within one business day. Depending on your location and weather conditions, average transit time is between 5-8 business days. If you believe your shipment is lost or missing, please wait at least 7 days from the day you place your order before calling Customer Care to arrange for a replacement. If lost shipments are later delivered, please notify Customer Care within 3 days of delivery.
Please note that delivery may be delayed due to certain restrictions imposed by the government or any other authority acting on behalf of the government or acting as per the directions of the government. If the delivery period exceeds the stipulated time due to unforeseen circumstances, the Direct Seller will be notified regarding the same. If the Direct Sellers still wish to continue with delivery, the same shall be delivered accordingly. If the Direct Seller wishes to cancel the said order; refunds shall be initiated as per the Return, Refund and Exchange Policy.
- Shipping Information. Nu Skin India will ship all orders via common carriers selected by Nu Skin. You may choose from a variety of shipping options and speeds. Nu Skin regularly reviews the performance of its common carriers to ensure that you receive the best possible service. Additional freight & handling charges may be applicable if an alternate carrier or faster speed is selected.
- Shipping and Handling Fees. You may order Nu Skin Products for personal consumption or for resale in India directly from Nu Skin India or its product centers. There is no minimum order; however, shipping and handling costs may vary depending on the amount of Nu Skin Products ordered.
- Inventory And The 80 Percent Rule. As a Direct Seller, you have no specific inventory requirements. You must use your own judgment in determining inventory needs based upon reasonably projected retail sales and personal use. You are prohibited from ordering more than a reasonable amount of inventory. By placing an order, you certify that you have sold or consumed at least 80 percent of your total inventory from previous orders
- Common Carrier Deliveries. Here are some general guidelines:
i). The carrier will make two additional attempts to deliver your order if they are unable to reach you the first time.
ii). After three attempts have been made, the carrier will send you a card advising you that they have a package for you, which they will hold (the number of days varies per carrier).
iii). If you do not make an effort to pick up your package, they will return your merchandise to Nu Skin.
iv). When a package is returned to Nu Skin, and a request is made by the Direct Seller for reshipment, a freight charge will be assessed on the second shipment. This may also apply when a Direct Seller does not inform us of a change of address and the order is undeliverable.
v).The carrier may, on some occasions, leave a package with a neighbor if you are not home, although more often they will follow the procedure outlined above. We suggest you leave a note instructing the carrier where to leave your package if you will not be home to sign it.
vi). Should you discover a discrepancy in your order, please check your order carefully before calling the office. Should you find an error, please give Customer Care the invoice number and order date to facilitate prompt order tracking.
vii). As you receive your package delivered by the carrier, please check for damage to the outer packaging before signing for it. Any damages, such as the package being crushed, resealed or open, should be noted by the delivery person on the delivery record, especially if there are any missing packages.
- Missing or Damaged Shipments
Always be sure to carefully count the number of pieces of products delivered by transport carriers. Never sign a delivery receipt unless absolutely certain that all the pieces of product on the Invoice have actually been delivered. When signing a delivery receipt, a Direct Seller relieves the transport carrier of all further responsibility. Nu Skin cannot be responsible for missing pieces on an order when a Direct Seller has improperly signed for it. When transport carriers sign for a shipment at Nu Skin, they sign for a given number of pieces, and they acknowledge this fact. Nu Skin’s control over the shipment ends at that time and is assumed by the carrier.
Great care is exercised in packaging, handling and shipping of products. Still, unavoidable accidents or careless handling by others will sometimes occur. Be assured that the product was in good condition when it left the warehouse.
Shipments that show damage on arrival should be handled as follows:
1. Common Carrier: A Direct Seller should always accept the shipment but should list damaged items. Have the delivery agent note the damage to the delivery record. Notify Nu Skin Customer Care and the carrier immediately of the extent of the damage by sharing a picture or by making a video of the damaged item(s). The Direct Seller should immediately request an inspection by the carrier, who will assign a respective Inspection/Investigation number or any other identifying code/number used by the Carrier. Be sure all damaged items, plus the shipping containers, are held for pickup by the carrier. Go ahead and use undamaged merchandise for regular sales.
2. Parcel Post: Claims for damage of packages delivered by parcel post must be filed by the Direct Seller. Return the damaged merchandise and the carton to the local post office when your claim is filed. Only when the above has been done should Nu Skin be notified of the claim settlement terms.
3. Truck Shipments: Always inspect shipments before signing them. Call any damage to the attention of the delivery person and request that damage be noted, and sign them. Set damaged merchandise aside and immediately call the local office of the carrier and request an inspection of the damage, then notify Nu Skin Customer Care. Nu Skin will promptly replace the damaged items and file the claim with the carrier. If damage is found later, follow the same procedure as above. Call the carrier and ask for a damage inspection. Do not ship damaged product back to Nu Skin. After Nu Skin receives the necessary paperwork, we will replace the product immediately and then wait for reimbursement from the carrier. Remember, hidden damage must be reported to the trucking company within fifteen (15) days of delivery. Damaged or missing packages must be reported to Nu Skin within thirty (30) days of delivery. Never refuse a damaged shipment.
4. AUTOMATIC DELIVERY PROGRAM
- If you have specified the type and quantity of select Nu Skin Products to be automatically shipped to you on a recurring basis under the Nu Skin India automatic delivery program (the “Automatic Delivery Program”), these Nu Skin Products will be charged on a recurring basis in accordance with the delivery frequency you have selected for such products and to the method of payment you have provided. Such products will continue to be shipped at the frequency you have selected until such time that you notify Nu Skin India of any desired changes. You may cancel or modify the frequency of these shipments, update your payment information, or change your shipping address at any time by contacting Customer Service at +91 120-7127177 or by logging in to Your Direct Seller Account and accessing the automatic delivery dashboard. You understand you must make any desired changes at least 3 business days prior to your designated automatic delivery processing date.
- Nu Skin India may change the price of or discontinue the specific Nu Skin Products that you have chosen to receive under the Automatic Delivery Program. If the price of a product is increased, Nu Skin India will notify you at least 30 days prior to such increase and will continue to send you such product at the increased price unless you subsequently cancel your automatic delivery. If a product is discontinued, Nu Skin India will notify you at least 5 business days prior to the discontinuation of such product and will continue to send you any remaining products you have on automatic delivery that are not affected by such discontinuation.
- You understand that the recurring charges for the Nu Skin Products you have elected to receive under the Automatic Delivery Program shall include the purchase price of such products at the time each recurring order is processed, any applicable taxes and fees, and any applicable shipping charges in effect at the time each recurring order is processed. To pay for such recurring charges, you authorize the NSE Companies to charge the credit or debit card that you have provided. If you have selected a debit card as your method of payment, you further authorize the financial institution associated with such debit card to debit such amounts from your checking or savings account. Such authorization shall remain in effect until both Nu Skin and your financial institution have received written notice from you of your decision to terminate such authorization. You understand that you must provide an appropriate period for Nu Skin and your financial institution to act upon such notice of termination. The NSE Companies and your financial institution will be fully protected in honoring such authorization. If any charge is dishonored, with or without cause and whether intentionally or inadvertently, then the NSE Companies and your financial institution will have no liability to any party. The NSE Companies will make no other charges to your preferred method of payment except those that you have authorized.
- You understand and agree that Nu Skin India may modify the Automatic Delivery Program, including any discounts or other benefits, at any time in its sole discretion. Nu Skin India will provide 30 days’ prior notice of any material changes. Your continued participation in the Automatic Delivery Program after any changes are made shall constitute your acceptance of such changes. If you disagree with any changes to the Automatic Delivery Program, you must cancel any automatic deliveries and stop participating in the Automatic Delivery Program.
- You understand and agree that Nu Skin India may terminate the Automatic Delivery Program upon 30 days’ prior notice in its sole discretion. Nu Skin India may also immediately terminate your right to participate in the Automatic Delivery Program if
(i) the credit or debit card you have provided is invalid, expires, or is cancelled or otherwise terminated, (ii) you violate the terms and conditions of the Automatic Delivery Program; or (iii) you violate the terms and conditions of the Contract.
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IN Consumer Complaints and Grievance Redressal Policy
Version 1.2
Effective November 19th 2025
DownloadTable of Contents
Nu Skin India Consumer Grievance Redressal Policy
Nu Skin India has endeavored to provide excellent Customer Service. This policy document aims at providing redressal machinery and a review mechanism to keep the redressal machinery robust and sensitive and ensure prompt redress of customer complaints/grievances, thereby minimizing recurrence thereby raising the level of service delivery.
Our Grievance Redressal Policy focuses on improving customer satisfaction by collecting feedback from customers across all business units and action plans are put in place to address key issues which are assigned to the relevant senior leaders to action.
Objectives:
The objective of the policy is to ensure that:
- All customers are treated fairly and without bias at all times.
- All issues raised by customers are dealt with courtesy and resolved on time.
- Customers are made completely aware of their rights so that they can opt for alternative remedies if they are not fully satisfied with our response or resolution to their complaint.
Consumers can address their complaints through the Consumer Grievance Redressal Committee, which has been established by the company to effectively resolve customer issues. The committee is comprised of three designated officers who are responsible for ensuring that all complaints, queries, and requests for clarification are promptly and appropriately addressed in accordance with the Direct Selling Rules, 2021. The members of the Consumer Grievance Redressal Committee are Varun Kumar Tiwari, Compliance Manager, Andrew Francois Pouchepanadin, Assistant General Manager, and Alice Pouchepanadin, Market Development Manager. The Grievance Officer is Varun Kumar Tiwari, and can be reached at indiacompliance@nuskin.com.
OTHER NECESSARY DETAILS:
Nu Skin India Private Limited
Unit 1, Level – 7, Wing – B, Satellite Gazebo, Guru Hargovindji Marg,
Andheri Ghatkopar Link Road, Chakala, Andheri E,
Mumbai - 400093
Operating Hours:
Monday through Friday from 9:00 a.m. to 5:00 p.m.
Any member of the Public/ Customers can submit any complaint relating to any product or services provided by the company before the Consumer Grievance Redressal Committee (hereinafter as “Committee”). The customer can lodge his / her grievance through any of the following channels:
- Complaint in Person: A customer can lodge a complaint related to any product or service provided by the company in person during working hours of the company i.e. 9:30 am to 6:30 pm, at Nu Skin India Private Limited, registered office located at 48, Amrapali, Plot No-56, IP Extension, Patparganj, New Delhi 110092 India by submitting a written application and giving full detail about the nature of its grievances, date of purchase, distributor from whom purchase has been made, copy of purchase invoice and any other relevant details.
- Complaints through post / mail / email: Customers can also submit their grievances by post or mail at the address provided above or through email at indiasupport@nuskin.com by giving full detail about the nature and specifics of its grievances, date of purchase, distributor from whom purchase has been made, copy of purchase invoice and any other relevant details.
- Customer care: Customers can reach customer care at +91 120-7127177 or indiasupport@nuskin.com.
- Company Website: Customer may register a grievance on the Company website https://www.nuskin.com/static/india-opening/ by clicking on the ‘Grievance Redressal’ link.
Grievance Handling and Resolution Process:
- The complaint is to be acknowledged within 48 hours and the complainant will be provided with a Unique Reference Number/ Tracking Number on registering the grievance, which can be quoted for ascertaining the resolution status. All the complaints will be registered in the Customer Grievance Register and include full details of the complainant (name, address, and contact details), date of receipt, fact of the complaint, category of complaint etc., as required to resolve the grievance.
- Committee will make all endeavor to resolve the complaint within 30 days of the receipt of the same and for this it would need complete support and co-operation from the complainant in terms of timely submission of information, clarification, or documents, if any sought to substantiate or clarify the complaint and for enabling suitable resolution.
- The committee will meet within 7 days of the receipt of the complaint and review the grievance of the complainant. If upon review of the complaint it is felt that more document or clarification are needed, it will send a written communication to the complainant asking for such details to be provided within 7 days from the date of communication or such additional time as the complaint may seek.
- Where the complainant fails to furnish any further clarification /documents within the time specified or fails to reply, the committee shall form an opinion that the complainant is not interested in pursuing with the complaint and will close the same, informing the complainant about it.
- Where the information provided by complainant is sufficient to proceed with the resolution of the complaint, the committee will call upon the relevant official/employee/ distributor of the company to furnish its reply to the complaint within 7 days from the date such communication to such official/employee/ distributor of the company.
- The committee can also seek any other information or document from the Company or any other person that it may deem necessary to resolve the complaint of the complainant.
- Committee will not normally provide personal hearing and will be guided by the documents or information made available to it in writing, however if it deems necessary in the interest of justice for suitable resolution of the complaint it may give personal/telephonic hearing to the complainant and/or the person against whom the complaint has been made.
- Upon perusal of the documents and/or after hearing from the parties, the Committee will give its findings. If it is found that the complainant has genuinely suffered harm or that money paid by the customer ought to be refunded, it will order the company/erring distributor to compensate the customer for such harm/refund of the money paid. However, if it comes to conclusion that the complaint is not sustainable or is mala-fide then it would dismiss the complaint and inform the complainant accordingly.
- All the proceedings of the Committee will be duly recorded in writing and will be available to any regulatory authority for inspection.
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Global Privacy Notice
Version 2.0
Effective May 19th 2025
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NU SKIN GLOBAL PRIVACY NOTICE
LAST UPDATE: May 19, 2025
1. Table of Contents
- Table of Contents
- Overview
- Who we are and how to contact us
- What Personal Data do we collect?
- How we use your Personal Data
- Sharing and transferring your Personal Data
- We do not sell your Personal Data
- We do not disclose your Personal Data to third parties for their own direct marketing purposes
- If you are a Brand Affiliate, we may share your Personal Data with other Brand Affiliates and customers
- If you are a customer, we may share your Personal Data with certain Brand Affiliates
- We may share your Personal Data within the Nu Skin group
- We may share your Personal Data to our trusted third-party suppliers who may process it on our behalf
- We may also disclose your Personal Data to other third parties
- International Transfers
- How we protect your Personal Data
- How long do we keep your Personal Data
- What are your rights regarding your Personal Data
- Your marketing choices
- Your obligations
- Children
- Changes to the Privacy Notice
2. Overview
At Nu Skin, we want to set the standard for the industry in data protection. To that end, Nu Skin is committed to respecting and protecting your privacy rights and your choices and to treating your Personal Data with the utmost care in all circumstances.
Our Privacy Notice is designed to provide transparency into our privacy practices and principles in a format that is easily understandable and readable.
This Privacy Notice explains how we process the Personal Data we collect about you
- when you buy and/or use our products, services and mobile applications,
- when you browse our Websites and social media content,
- when you participate in events organized by us,
- when you visit our premises, or
- when you apply for a job at Nu Skin.
Please ensure you read this Privacy Notice carefully before using our Websites or mobile applications and/or providing us with your Personal Data.
3. Who we are and how to contact us
Nu Skin Enterprises Inc. and its affiliates and subsidiaries (“Nu Skin”, “we”, “us” and “our”) are an international group of companies offering personal care products, nutritional supplements, devices and other goods or services through (i) the Nu Skin websites (whether local or global) (each a “Website”), (ii) Nu Skin mobile applications and tools (the “Apps”) and (iii) a network of independent distributors or sales people (“Brand Affiliates1”).
Depending on who you are or how you interact with us, your Personal Data are processed by different entities of Nu Skin and/or for different purposes. You will find here (Annex 1) the list of the Nu Skin entities acting as data controllers responsible for processing your Personal Data. Please contact the Privacy Team or our Data Protection Officer [DPOoffice@nuskin.com] if you have questions or concerns, want to update your Personal Data, or to exercise your rights as described below.
4. What Personal Data do we collect?
Personal Data, or Personal Information, means any information or pieces of information that could identify you directly (e.g. your name) or indirectly (e.g. through your email address or telephone number). Personal Data may include a name, an (email) address, a telephone number, credit card information, preferences, age, gender, or occupation, among other things.
The Personal Data that we collect, and how we collect it, depends on how you interact with us. For a complete overview of the Personal Data we process about you, as well as our interaction-specific data processing activities, and our processing purposes, please refer to our “List of Personal Data Processing Activities”, here.
We might collect or receive Personal Data from you via our Website, Apps, social media channels, call center or when you otherwise transfer Personal Data to us. Sometimes you give this Personal Data to us directly (e.g. when you create an account, when you contact us, when you purchase from our Website), and sometimes we collect it (e.g. using cookies to understand how you use our Website and Apps, or through our smart devices).
In some circumstances we may also receive Personal Data about you from:
- Brand Affiliates;
- individuals who provide us with your Personal Data (e.g. your family members);
- regulatory bodies;
- other companies providing services to us (e.g. social listening companies; past employers; recruitment agencies).
Some of these third-party sources may include publicly available sources of information. In particular, we may receive Personal Data from social networks when you engage with our content, reference our Website, or grant us permission to access information from these social networks.
In addition, where permitted by law, we may collect, either directly or through third party service providers, information that is publicly available on the Internet (e.g. from websites, blogs, social media).
5. How we use your Personal Data
We process your Personal Data based on the following legal grounds, as permitted by applicable law:
- to fulfill our obligations under a contract with you, or to take steps prior to entering into a contract with you (e.g. you ask us to create a customer account for you or you wish to purchase a product from us);
- to comply with a legal obligation (e.g. when you make a purchase we need to keep your transaction information to comply with our tax, financial reporting, and consumer protection obligations);
- when it is in our legitimate business interest to use your Personal Data (e.g. to operate, evaluate and improve our organization; to prevent and protect us and others against fraud, unauthorized transactions, claims and other liabilities; to ensure compliance with company policies and industry standards);
- based on your consent (e.g. when you opt-in to subscribe to our marketing newsletters).
Our use of your Personal Data depends on who you are and how you interact with us. Click here for a list of the ways that we use your Personal Data, and which of the reasons we rely on to do so.
We will only process special categories of Personal Data (e.g., race or ethnicity; health-related data) when you request us to do so (i.e. when we have your explicit consent) or in exceptional circumstances and where we have a legal basis to do so (e.g., to protect your vital interests).
Please contact the Privacy Team if you have any questions about how we collect and use your Personal Data.
6. Sharing and transferring your Personal Data
When we share your Personal Data as described below, we will take the necessary steps to ensure that any third-party recipients have implemented reasonable security mechanisms to protect your Personal Data.
a. We do not sell your Personal Data
First, we want to be clear that we do not and will not sell your Personal Data to third parties; and in the past 12 months, we have not sold your Personal Data to any third party.
b. We do not disclose your Personal Data to third parties for their own direct marketing purposes
Also, we do not disclose your Personal Data to third parties for their own direct marketing purposes. However, if you direct us to share your Personal Data with third-party sites or platforms, such as social networking sites, these third-party sites or platforms could potentially use your data for marketing reasons.
c. If you are a Brand Affiliate, we may share your Personal Data with other Brand Affiliates2 and customers
With your Downlines – If you are a Brand Affiliate, we may transfer your Personal Data to your personally sponsored customers and Brand Affiliates (“Downlines”) in order to enable them to reach out to you for support, training and product recommendations. The Personal Data we make available to your Downlines may include your name, profile picture, and contact details. If you do not want your Downlines to have access to your Personal Data, you can edit your privacy settings in V&G, your account or by contacting customer care.
With your Uplines – We may also transfer your Personal Data to your sponsor, upline Brand Affiliates and upline Brand Representative (“Uplines”) so that they can reach out to you and provide you with business and/or product support and training, . The Personal Data we make available to your Uplines may include your account information (name, photo, birthday, contact details), business information (market, overall purchase volume and volume generated by your ADR contract (auto-ship) and date it is scheduled to ship, pin title, activity dates) and your order information including your purchases (product name, quantity, volume, price, order tracking, ship to details), as well as auto-ship contract details (product name, quantity, price, ship to details). You can manage what Personal Data is shared with which Uplines by editing your privacy settings in V&G, your account, or by contacting customer care. In addition, we may inform your Uplines about your qualification to our incentive trips.
d. If you are a customer, we may share your Personal Data with certain Brand Affiliates
We may transfer your Personal Data to your sponsor, upline Brand Affiliates and upline Brand Representative (“Uplines”) so that they can reach out to you and provide you with product support and recommendations. The Personal Data we make available may include your account information (name, photo, birthday, contact details), and your order information including your purchases (product name, quantity, volume, price, order tracking, ship to details), as well as auto-ship contract details (product name, quantity, price, ship to details). You can manage what Personal Data is shared with your sponsor by editing your privacy settings in your account, or by contacting customer care.
e. We may share your Personal Data within the Nu Skin group
Your Personal Data may be accessed within Nu Skin. This means that we may share your Personal Data across the Nu Skin group of companies, which includes our ultimate parent company and its affiliates and subsidiaries. Access will always be controlled on a need-to-know basis, and only provided where it is necessary to provide you with requested services or to allow us to perform any necessary or legitimate functions (including for operational, management, administrative, supervisory or evaluative or educational purposes). You may consult the list of Nu Skin entities that may receive your data here (Annex 1) and a list of data processing purposes and categories here (Annex 2).
f. We may share your Personal Data to our trusted third-party suppliers who may process it on our behalf
We rely on trusted third parties to perform a range of business operations on our behalf. We always use our best efforts to ensure that all third parties we work with will keep your Personal Data secure. We only provide them with the information they need to perform the service, and we require that they do not use your Personal Data for any other purpose. For example, we may entrust services that require the processing of your Personal Data to:
- Third parties that assist and help us in providing digital and e-commerce services such as social listening, store locator, loyalty programs, identity management, ratings and reviews, CRM, web analytics and search engine, user generated content curation tools;
- Advertising, marketing, digital and social media agencies to help us deliver advertising, marketing, and campaigns, to analyze their effectiveness, and to manage your contact, questions and our relationship;
- Third parties required to deliver a product to you (e.g. postal/delivery services);
- Third parties that assist and help us in providing IT services, such as platform providers, hosting services, maintenance and support on our databases as well as on our software and applications;
- Third parties that assist in maintaining the security of our systems, Websites and Apps;
- Third parties that provide us with consulting services in the field of market research and analytics, collect feedback and conduct market surveys on our products, services and otherwise for customer relationship management purposes;
- Payment service providers and credit reference agencies for the purpose of assessing your credit score and verifying your details where this is a condition of entering into a contract with you;
- Third parties that assist us for customer care and cosmetovigilance and pharmacovigilance purposes;
- Third parties that assist us for the organization of events, incentive trips, meetings, etc. in which you may participate;
- Lawyers, auditors, financial advisors, and other third party service providers in connection with their services to Nu Skin.
g. We may also disclose your Personal Data to other third parties
If Nu Skin or a part of its assets are acquired by a third party, Personal Data we hold relating to those assets will be one of the transferred assets. In such cases, your Personal Data will be processed by the buyer acting as the new controller and its privacy policy will govern the processing of your Personal Data.
We may also disclose your Personal Data to any regulatory, statutory, governmental or other relevant authorities, agencies or bodies and industry regulators, and any other person to whom Nu Skin is compelled, required or permitted to do so by law, rules or regulations, legal process or litigation, or to any person pursuant to any order of a court of competent jurisdiction or comparable legal process.
In other circumstances if we have your consent or we are permitted to do so by law.
7. International Transfers
a. International data transfers
You understand and agree that we may transfer Personal Data to other jurisdictions as necessary for the purposes described in this Privacy Notice, including to jurisdictions that may not provide the same level of data protection as the jurisdiction in which your Personal Data was originally collected. For instance, we may transfer your data to the U.S. because our parent companies are located there.
When we transfer your Personal Data to other countries or jurisdictions, we will protect that data as described in this Privacy Notice and in accordance with applicable law. Where required under applicable law, we will put in place binding contractual obligations with the data recipient to safeguard your data protection rights. Furthermore, we will notify any data transfer and/or data transfer mechanisms to the competent Supervisory Authority where required under applicable law.
With respect to transfers originating from the European Economic Area ("EEA") to the United States and other non-EEA jurisdictions, we implement standard contractual clauses approved by the European Commission, and other appropriate solutions to address cross-border transfers as required or permitted by Articles 46 and 49 of the General Data Protection Regulation. Please contact the Privacy Team, if you have any questions with respect to the safeguards we have put in place to protect your Personal Data when we transfer this (including how to obtain a copy of or consult these safeguards).
b. Data Privacy Framework
Nu Skin International Inc. (NSI) complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Privacy Framework as set forth by the U.S. Department of Commerce. NSI has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and the from the UK in reliance on the UK Extension to the EU-U.S. DPF. NSI has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.
Nu Skin is committed to the DPF Principles in connection with all personal data received from the European Union and, as applicable, the United Kingdom and/or Switzerland in reliance on the relevant parts of the DPF program. If there is any conflict between the terms in this privacy notice and the DPF Principles, the DPF Principles shall prevail.
To learn more about the Data Privacy Framework (DPF) program and to view our certification, please visit https://www.dataprivacyframework.gov/.
Nu Skin is responsible for both the processing of Personal Data it has received and the subsequent transfers to a third party acting as an agent on its behalf. Nu Skin complies with the DPF Principles for all onward transfers of Personal Data from the EU, UK and Switzerland, including the onward transfer liability provisions. NSI shall remain liable under the DPF Principles if its subprocessors process personal data in a manner inconsistent with the DPF Principles.
In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, NSI commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to JAMS Mediation, Arbitration, ADR Services (jamsadr.com) (“JAMS”), an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/DPF-Dispute-Resolution for more information or to file a complaint. The services of JAMS are provided at no cost to you.
EU, U.K. and Swiss individuals are also entitled to contact their local data protection authorities and/or the DPF Program here: Assistance Services (dataprivacyframework.gov).
With respect to Personal Data received or transferred pursuant to the Data Privacy Frameworks, Nu Skin is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. In compliance with the EU-U.S. DPF, Nu Skin commits to cooperate and comply with the advice of the panel established by the EU data protection authorities (DPAs) with regard to unresolved complaints concerning our handling of human resources data received in reliance on the EU-U.S. DPF in the context of the employment relationship.
Moreover, under certain conditions, individuals may invoke binding arbitration for complaints regarding DPF compliance not resolved by us or the DPAs Panel. Additional details about the binding arbitration can be found here: https://www.dataprivacyframework.gov/framework-article/ANNEX-I-introduction.
8. How we protect your Personal Data
We protect your Personal Data and implement reasonable security measures including physical (e.g. secured filing cabinets), technical and organizational security measures appropriate to protect your Personal Data against unauthorized or unlawful processing and against any accidental loss, destruction, or damage.
In particular, we operate data networks protected by industry standard firewall and password protection systems. We also use transport layer security (TLS) to protect the transmission of your Personal Data. Access to this information will be provided only to authorized individuals for legitimate business purpose.
In addition, access to your Personal Data is restricted to staff and service providers on a need-to-know basis.
While we endeavor to always protect our systems, sites, operations and information against unauthorized access, use, modification and disclosure, due to the inherent nature of the Internet as an open global communications vehicle and other risk factors, we cannot guarantee that any information, during transmission or while stored on our systems, will be absolutely safe from intrusion by others.
9. How long do we keep your Personal Data
We hold on to your Personal Data for as long as necessary to achieve the processing purposes described in our “List of Personal Data Processing Activities”. This means, for instance, that we no longer store your Personal Data when our (contractual) relationship with you comes to an end, unless further storage is permitted or required under applicable law.
Generally, and while this will depend on several factors as outlined below, we do not keep your data for longer than 10 years. To determine the retention period of your Personal Data, we consider several criteria, including:
- The purpose for which we hold your Personal Data;
- Our legal and regulatory obligations in relation to that Personal Data, for example any financial reporting obligations;
- Whether our relationship with you is ongoing, for example, you have an active account, you continue to receive marketing communications, or you regularly browse or purchase off our Website or Apps);
- Any specific requests from you in relation to the deletion of your Personal Data; and
- Our legitimate interests in relation to managing our own rights, for example the defense of any claims.
When we no longer need to use your Personal Data, it is removed from our systems and records, or anonymized so that you can no longer be identified from it.
10. What are your rights regarding your Personal Data
Nu Skin values your privacy rights and is committed to providing you control over your Personal Data. If you exercise any of these rights explained in this section of the Privacy Notice, we will not disadvantage you. You will not be denied or charged different prices or rates for goods or services or provided a different level or quality of goods or services.
Generally, you have the following rights:
- Information. You have the right to be provided with clear, transparent and easily understandable information about how we use your Personal Data, and your rights. This is why we are providing you with the information in this Privacy Notice;
- Rectification. You have the right to require that any incomplete or inaccurate Personal Data that we process about you is amended;
- Deletion. You have the right to request that we delete Personal Data that we process about you, subject to certain exceptions, for instance, where we need to keep your Personal Data to comply with a legal obligation;
- Withdrawing Consent. If you have consented to our processing of your Personal Data, you have the right to withdraw your consent at any time. This does not affect the lawfulness of the processing that was based on your consent prior to withdrawal. This includes cases where you wish to opt out from marketing messages that you receive from us;
- Access. Subject to certain exceptions, you have the right to access and request a copy of the Personal Data we are processing about you, which we will provide to you in electronic form and/or in writing, or verbally where allowed by applicable laws. Where permissible under applicable laws, we may charge you a reasonable fee for this access request;
In addition, if you are in the EEA or in Thailand you have the following rights:
- Restriction. You have the right to request that we restrict our processing of your Personal Data under specific conditions (also applicable if you are in Macau; in Korea, this right is known as the right to request the suspension of the processing of your Personal Data);
- Portability. You have the right to request that we transmit the Personal Data we hold in respect of you to you or to another data controller under specific conditions;
- Objection. Where the legal justification for our processing of your Personal Data is our legitimate interest, you have the right to object to such processing on grounds relating to your particular situation. We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests and rights, or if we need to continue to process the data for the establishment, exercise or defense of a legal claim.
Where we process your Personal Data for direct marketing purposes, you have the right to object at any time to such processing, including for profiling purposes to the extent that it is related to direct marketing. If you object to processing for direct marketing purposes, we will no longer process your Personal Data for such purposes.
You can exercise the above rights, where applicable by contacting the Privacy Team or by using our online tool in the markets where such tool is available. California residents can also call the following toll-free number: 800-211-5200. We will respond to any of your requests to exercise these above data subject rights within the period prescribed by applicable laws. At our discretion, we may require you to prove your identity before providing the requested information. This is to ensure that your Personal Data is disclosed only to you. We may not be able to appropriately handle your request if you decide not to provide us with the Personal Data that we need to handle your request. If you are a resident of the European Economic Area and are not satisfied with the way we handled your request, or for violations of applicable data protection laws, you may lodge a complaint or file a claim with a competent Supervisory Authority (for example, with the Supervisory Authority in your country or market of residence).
11. Your marketing choices
You can control whether to receive direct marketing from us (e.g., which we may send through electronic means, such as promotional emails). In certain markets, you will need to provide us with your consent before receiving marketing. For instance, we may ask you to tick a box indicating to “receive promotional emails” when you sign up as a new customer or Brand Affiliate. In all markets, you can choose not to receive such communications at any time. If you no longer wish to receive any marketing communications or remain on a mailing list to which you previously subscribed, please follow the unsubscribe link in the relevant communication or contact the Privacy Team.
12. Your obligations
We expect that you only communicate Personal Data about yourself to us. If you also communicate Personal Data about other people to us, then you must ensure that you comply with any legal obligations that may apply to your provision of the information to us, and to allow us, where necessary, to use, process and transfer that information. In particular, and subject to local applicable laws as well as Nu Skin Policies & Procedures, if you use a credit card not issued to you, you confirm that the credit card holder has consented to the use of their credit card in relation to your purchase and has agreed that Nu Skin may collect, use and disclose their Personal Data for the purpose of processing your purchase.
We also expect that the Personal Data that you communicate to us are correct and that, if your Personal Data requires updating, you will promptly inform us.
13. Children
Nu Skin does not direct the sale of its products or services to children, nor does it allow its Brand Affiliates to be underage (under 18 in most markets, under 20 in Japan, and under 19 in Korea).
Nu Skin children’s products can only be purchased by an adult. If you are a minor, you may use the Website only with the involvement of a parent or guardian.
Except in very limited circumstances (e.g. as part of our Corporate Social Responsibility activities), we do not knowingly collect or otherwise process any Personal Data from children under the age of 13 and do not direct our services, Website or Apps to children under the age of 18. If you think that a child for which you are responsible provided Personal Data to us, we strongly encourage you to contact us immediately and we will work with you to find a solution to remediate this.
We encourage you to participate in your child's experience on the Internet and to review important safety tips with each child before they explore the Internet.
If you register your child to a Nu Skin event or incentive trip, we process your child’s Personal Data for the purposes of attending the event or incentive trip. If the event requires processing of your child’s special category data, we will request your explicit consent.
14. Changes to the Privacy Notice
We may update this Privacy Notice from time to time. We will notify you of any significant changes by posting those changes here or by notifying you through other appropriate communication channels we generally use with you. Any changes to this Privacy Notice will be considered effective immediately after the changes are posted on this Website unless otherwise indicated.
The Privacy Notice was last revised on January 30, 2024.
Annex 1 – List of Nu Skin entities responsible for processing your Personal Data
The table below lists the relevant Nu Skin legal entities responsible for the processing of your Personal Data. Depending on your interactions with us and/or your location, one or more different Nu Skin entities might be responsible for such processing.
Please note that when fields have a gray background and no text, this means that we do not collect or otherwise process Personal Data for that data subject category in a given country/market.
Where a field includes more than one data controller, this means that we have more than one Nu Skin entity in that country/market and the controller responsible will be the entity that you have a relationship with (e.g. because you visited or applied with that specific Nu Skin office).
| To find out which Nu Skin entity is the data controller responsible for your Personal Data, you need to determine: 1) In which category of data subject you fall:
|
If you do not fall in one of the categories mentioned above, for instance because you do not have any, or no longer have a relationship with us, then Nu Skin International Inc. will be responsible for your Personal Data.
The last page of this Annex 1 contains the contact details of all entities listed herein. Please contact the Privacy Team if you have questions or concerns about this.
| Country/market | Customer | Brand Affiliate/Business Partners | Job Candidate | Office visitor |
| Argentina | Nu Skin International Inc. and Nu Skin Argentina as joint controllers | Nu Skin International Inc. and Nu Skin Argentina as joint controllers | | |
| Australia | Nu Skin International Inc. and Nu Skin Enterprises Australia, Inc as joint controllers | Nu Skin International Inc. and Nu Skin Enterprises Australia, Inc as joint controllers | Nu Skin Enterprises Australia, Inc. | Nu Skin Enterprises Australia, Inc. |
| Austria | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | | |
| Belgium | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | Nu Skin Belgium NV and NSE Products Europe BV as joint controllers | Nu Skin Belgium NV or NSE Products Europe BV | Nu Skin Belgium NV or NSE Products Europe BV |
| Brunei | Nu Skin International Inc. and NuSkin Pharmanex (B) Sdn Bhd as joint controllers | Nu Skin International Inc. and NuSkin Pharmanex (B) Sdn Bhd as joint controllers | NuSkin Pharmanex (B) Sdn Bhd | NuSkin Pharmanex (B) Sdn Bhd |
| Canada | Nu Skin International Inc. and Nu Skin Canada | Nu Skin International Inc. and Nu Skin Canada | | |
| Chile | Nu Skin International Inc. and Nu Skin Chile | Nu Skin International Inc. and Nu Skin Chile | | |
| Colombia | Nu Skin International Inc. and Nu Skin Colombia | Nu Skin International Inc. and Nu Skin Colombia | | |
| Czech Rep | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | | |
| Denmark | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | Nu Skin Scandinavia A/S | Nu Skin Scandinavia A/S |
| Finland | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | | |
| France | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | | |
| French Polynesia | Nu Skin International Inc., Nu Skin Enterprises New Zealand, Inc., as joint controllers | Nu Skin International Inc. and Nu Skin Enterprises New Zealand, Inc., as joint controllers | | |
| Germany | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | Nu Skin Germany GmbH | Nu Skin Germany GmbH |
| Hong Kong/Macau | Nu Skin International Inc. and Nu Skin Enterprises Hong Kong, LLC as joint controllers | Nu Skin International Inc. and Nu Skin Enterprises Hong Kong, LLC as joint controllers | Nu Skin Enterprises Hong Kong, LLC | Nu Skin Enterprises Hong Kong, LLC |
| Hungary | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | Nu Skin Eastern Europe kft. | Nu Skin Eastern Europe kft. |
| Iceland | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | | |
| Indonesia | Nu Skin International Inc. and PT Nusa Selaras Indonesia as joint controllers | Nu Skin International Inc. and PT Nusa Selaras Indonesia as joint controllers | PT Nusa Selaras Indonesia or PT Nu Skin Distribution Indonesia | PT Nusa Selaras Indonesia or PT Nu Skin Distribution Indonesia |
| Ireland | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | | |
| Italy | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | | |
| Japan | Nu Skin Enterprises Inc., Nu Skin International Inc. and Nu Skin Japan as joint controllers | Nu Skin Enterprises Inc., Nu Skin International Inc. and Nu Skin Japan as joint controllers | Nu Skin Japan | Nu Skin Japan |
| Luxembourg | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | | |
| Mainland China | Nu Skin (China) Daily-Use & Health Products Co., Ltd | Nu Skin (China) Daily-Use & Health Products Co., Ltd | Nu Skin (China) Daily-Use & Health Products Co., Ltd; Shanghai Nu Skin Chuang Xing Daily-Use & Health Products Co Ltd; Nu Skin Beauty and Wellness Co. Ltd; Guangdong Xing Chuang Daily- Use & Health Products Co Ltd; Pharmanex (Huzhou) Health Products Co., Ltd. Pharmanex Electronic-Optical Technology (Shanghai) Co., Ltd. | Nu Skin (China) Daily-Use & Health Products Co., Ltd; Shanghai Nu Skin Chuang Xing Daily-Use & Health Products Co Ltd; Nu Skin Beauty and Wellness Co. Ltd; Guangdong Xing Chuang Daily- Use & Health Products Co Ltd; Pharmanex (Huzhou) Health Products Co., Ltd. Pharmanex Electronic-Optical Technology (Shanghai) Co., Ltd. |
| Malaysia | Nu Skin International Inc. and Nu Skin (Malaysia) Sdn. Bhd as joint controllers | Nu Skin International Inc. and Nu Skin (Malaysia) Sdn. Bhd as joint controllers | Nu Skin (Malaysia) Sdn. Bhd | Nu Skin (Malaysia) Sdn. Bhd |
| Mexico | Nu Skin International Inc. and Nu Skin Mexico as joint controllers | Nu Skin International Inc. and Nu Skin Mexico as joint controllers | Nu Skin Mexico | Nu Skin Mexico |
| Netherlands | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | Nu Skin Netherlands BV | Nu Skin Netherlands BV |
| New Caledonia | Nu Skin International Inc. and Nu Skin Enterprises New Zealand, Inc., as joint controllers | Nu Skin International Inc. and Nu Skin Enterprises New Zealand, Inc., as joint controllers | | |
| New Zealand | Nu Skin International Inc. and Nu Skin Enterprises New Zealand, Inc as joint controllers | Nu Skin International Inc. and Nu Skin Enterprises New Zealand, Inc as joint controllers | Nu Skin Enterprises New Zealand, Inc. | Nu Skin Enterprises New Zealand, Inc. |
| Norway | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | | |
| Peru | Nu Skin International Inc. And Nu Skin Peru S.A.C. | Nu Skin International Inc. and Nu Skin Peru S.A.C. | Nu Skin Peru S.A.C. | Nu Skin Peru S.A.C. |
| Philippines | Nu Skin International Inc. and Nu Skin Enterprises Philippines, LLC as joint controllers | Nu Skin International Inc. and Nu Skin Enterprises Philippines, LLC as joint controllers | Nu Skin Enterprises Philippines, LLC | Nu Skin Enterprises Philippines, LLC |
| Poland | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | | |
| Romania | Nu Skin International Inc. and Nu Skin Enterprises SRL as joint controllers | Nu Skin International Inc. and Nu Skin Enterprises SRL as joint controllers | | |
| Singapore | Nu Skin International Inc. and Nu Skin Enterprises Singapore Pte Ltd as joint controllers | Nu Skin International Inc. and Nu Skin Enterprises Singapore Pte Ltd as joint controllers | Nu Skin Enterprises Singapore Pte. Ltd or NSE Asia Products Pte Ltd | Nu Skin Enterprises Singapore Pte. Ltd or NSE Asia Products Pte Ltd |
| Slovakia | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | | |
| South Africa | Nu Skin International Inc. and Nu Skin Enterprises South Africa (PTY) Ltd. as joint controllers | Nu Skin International Inc. and Nu Skin Enterprises South Africa (PTY) Ltd. as joint controllers | Nu Skin Enterprises South Africa (PTY) Ltd. | Nu Skin Enterprises South Africa (PTY) Ltd. |
| Spain | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | | |
| Sweden | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | | |
| Switzerland | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | | |
| Taiwan | Nu Skin International Inc. and Nu Skin Taiwan, LLC, Taiwan Branch as joint controllers | Nu Skin International Inc. and Nu Skin Taiwan, LLC, Taiwan Branch as joint controllers | Nu Skin Taiwan, LLC, Taiwan Branch | Nu Skin Taiwan, LLC, Taiwan Branch |
| Thailand | Nu Skin International Inc. and Nu Skin Enterprises (Thailand) Limited as joint controllers | Nu Skin International Inc. and Nu Skin Enterprises (Thailand) Limited as joint controllers | Nu Skin Enterprises (Thailand) Limited | Nu Skin Enterprises (Thailand) Limited |
| Ukraine | Nu Skin Enterprises Ukraine LLC | Nu Skin Enterprises Ukraine LLC | Nu Skin Enterprises Ukraine LLC | Nu Skin Enterprises Ukraine LLC |
| United Kingdom | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | Nu Skin International Inc. and NSE Products Europe BV as joint controllers | | |
| United States of America | Nu Skin International Inc. | Nu Skin International Inc. | Nu Skin International Inc. | Nu Skin International Inc. |
| Vietnam | Nu Skin International Inc. and Nu Skin Enterprises Viet Nam Limited Liability Company as joint controllers | Nu Skin International Inc. and Nu Skin Enterprises Viet Nam Limited Liability Company as joint controllers | Nu Skin Enterprises Viet Nam Limited Liability Company | Nu Skin Enterprises Viet Nam Limited Liability Company |
| | | | | |
| CONTACT INFORMATION | |||
| Guangdong Xing Chuang Daily-Use & Health Products Co Ltd Room 15, 8/F, Jietai Plaza, No. 218-222 Zhongshan Six Rd., Yuexiu District, Guangzhou, Guangdong, PRC | Nu Skin Argentina Inc. Sucursal Argentina Av. Olivera 1561 piso 2° of. “E” C1407IOC CABA ARGENTINA Tel: +54 801.45.0137 | Nu Skin Enterprises Australia Inc. 2/2 Eden Park Dr. Macquarie Park NSW 2113 AUSTRALIA Tel: +64 2 9491 0900 | Nu Skin Beauty and Wellness Co. Ltd Factory No. 29 and first floor of Factory No. 23, Longyang Industrial Park, No. 1515 Yuan East Rd., Fengxian District, Shanghai, PRC |
| Nu Skin Belgium NV Da Vincilaan 9 The Corporate Village, Building Elsinore 1930 Zaventem BELGIUM Tel: +32 2 342 04 75 | Nu Skin Canada, Inc. 75 West Center St. Provo, UT 84601, UNITED STATES OF AMERICA Tel: +1 801-345-1000 | Nu Skin Chile Camino Lo Echevers N° 550 Bodega 21, Comuna Quilicura Metropolitana de Santiago CHILE Tel: +56 422 452 880 or 1-800-487-0800 | Nu Skin (China) Daily-Use & Health Products Co., Ltd Factory No. 29 and first floor of Factory No. 23, Longyang Industrial Park, Fengxian District, Shanghai, PRC |
| Nu Skin Colombia Calle 93A # 14-17 Oficina 311 Bogotá D.C. COLOMBIA Tel: +57 (601) 508 6103 | Nu Skin Eastern Europe Kft. Kft. Alkotás u 50 1123 Budapest HUNGARY Tel: +36 21 200 78 27 | Nu Skin Enterprises Inc. 75 West Center Provo, UT 84601 UNITED STATES OF AMERICA Tel: +1 800 487 1000 | NSE Asia Products Pte Ltd 18 Cross Street #06-01 Cross Street Exchange SINGAPORE 048423 Tel: +65 6837-3363 |
| Nu Skin Enterprises Hong Kong, LLC 10/F, Lee Garden II, 28 Yun Ping Road Causeway Bay Hong Kong Tel: +852 2837 7700 | Nu Skin Enterprises New Zealand, Inc Unit 16/180 Montgomerie Road Airport Oaks, 2022 Auckland NEW ZEALAND Tel: 0800 687 456 | Nu Skin Enterprises Philippines, LLC 23F ExquadraTower 1 Jade Drive Cor. Exchange Road Ortigas Business Center 1605 Pasig City PHILIPPINES Tel: +63 2 868 75 46 | NSE Products Europe BV Da Vincilaan 9 The Corporate Village, Building Elsinore 1930 Zaventem BELGIUM Tel: +32 2 342 04 75 |
| NSE (Romania) SRL Bucuresti, Str. Grigore Cobalcescu nr. 46, Mansard, Camera 13, sector 1. ROMANIA Tel: +40 312 294 653 | Nu Skin Enterprises Singapore Pte Ltd 331 North Bridge Road #18-01/06 Odeon Towers SINGAPORE 188720 Tel: +65 6837 3363 | NSE South Africa (PTY) Ltd. Ground & 1st Floor C/O Spaces, 22 Magwa Crescent, Waterfall City, Midrand 1682 SOUTH AFRICA Tel: +27 875 503 103 | Nu Skin Enterprises (Thailand) Limited 319 Chamchuri Square Building, 15th Fl., Phayathai Road, Pathumwan, 10330 Bangkok THAILAND Tel: +66 0 2791 8500 |
| NSE Ukraine LLC Velika Vasilkovska street 72A floor 8, office 174 03680 Kiev UKRAINE Tel: +380 0 800 30 19 84 | Nu Skin Enterprises Viet Nam Limited Liability Company 2F, 280 Nam Ky Khoi Nghia, Vo Thi Sau Ward, District 3, Ho Chi Minh City VIETNAM Tel: +84 028 7106 8838 | Nu Skin French Polynesia Nu Skin Enterprises New Zealand, Inc. 2/2 Eden Park Dr. Macquarie Park NSW 2113 AUSTRALIA Tel: +64 2 9491 0934 | Nu Skin Germany GmbH Taunusstrasse 57 55118 Mainz GERMANY Tel: +49 613149 09 108 |
| Nu Skin International Inc. 75 West Center Provo, UT 84601 UNITED STATES OF AMERICA Tel: +1 800 487 1000 | Nu Skin (Malaysia) Sdn. Bhd Lot 2.5.1, Level 2, PNB Perdana (Commercial Centre), No. 10, Jalan Binja 50450 Kuala Lumpur MALAYSIA Tel: +60 3 2170 7700 | Nu Skin Netherlands BV Amundsenweg 2 5928 LT Venlo THE NETHERLANDS Tel: +31 850 02 18 53 | Nu Skin New Caledonia Nu Skin Enterprises New Zealand, Inc. 2/2 Eden Park Dr. Macquarie Park NSW 2113 AUSTRALIA Tel: +64 2 9491 0934 |
| NuSkin Pharmanex (B) Sdn Bhd (Nu Skin Brunei Experience Center) D2, Blk D, Lot 11620, Jalan Gadong BE1718 Bandar Seri Begawan BRUNEI DARUSSALAM Tel: +673 2 422 225 48hrs_reply_brunei@nuskin.com | Nu Skin Scandinavia A/S Augusthus, Amager Fælledvej 106 300 København S, DENMARK Tel: +45 78 73 06 02 | Nu Skin Taiwan, LLC, Taiwan Branch 7F-1, No. 189, Section 2 Jiuzong Road Neihu District Taipei City, 114 TAIWAN Tel: +886 02 8752 - 8555 | Pharmanex (Huzhou) Health Products Co., Ltd No. 819-1, Xinzhu Road, Zhejiang, PRC |
| PT Nusa Selaras Indonesia (PT Nu Skin Distribution Indonesia) Jl. Jend Gatot Subroto 44 Kuningan Barat Area Gd. City Plaza 10th Fl., Suite 1001-1002 Mampang Prapatan Jakarta Selatan DKI Jakarta 12710 INDONESIA Tel: +62 21 5095 9855 | Shanghai Nu Skin Chuang Xing Daily-Use & Health Products Co Ltd Room 408-2 and 408-6, 75 Tian Lin East Road, Xuhui District, Shanghai, PRC | Pharmanex Electronic-Optical Technology (Shanghai) Co., Ltd. Room 206, Building T3-11, No. 5001 Huadong Road, Jinqiao Export Processing Zone (South District), Pudong New Area, Shanghai, PRC | Nu Skin Japan Co., Ltd. Tokyo Toranomon Global Square 14F, 1-3-1 Toranomon, Minato-ku, Tokyo, JAPAN 105-0001 Tel: +81-3-6626-1234 |
| Nu Skin Peru S.A.C. Av. Los conquistadores 1118 Interior 6 Urbanización Santa Cruz San Isidro PERU | | | |
| | | | |
Annex 2 - List of Personal Data Processing Activities
Customer Account Creation and Management | |
In which context is your personal data collected?Personal Data collected during the creation or management of a customer or member account on Nu Skin Website/Apps (including Vera), through a social media login or in store. | |
| What personal data may we hold about you?* *the following lists of data elements are intended to provide key examples and not necessarily be exhaustive in nature
| |
| How and why we may use it? | What is our legal basis for processing your personal data?* *in those markets in which a "legitimate interest" is not a valid legal basis, we will rely on your consent to process your personal information as described herein |
| To:
| The performance of a contract: so you can create and manage your account |
| Our legitimate interests: (i) to improve our products and services; (ii) better engage with you; (iii) prevent fraud or criminal activity; and (iv) secure our tools |
| Your consent: so you can receive personalised services from us |
| Brand Affiliate Account Creation and Management | |
| In which context is your personal data collected? Personal Data collected during the creation or management of a Brand Affiliate account on Nu Skin Website/Apps (including Stela and Vera), through a social media login or in store. | |
| What personal data may we hold about you?* *the following lists of data elements are intended to provide key examples and not necessarily be exhaustive in nature
| |
| How and why we may use it? | What is our legal basis for processing your personal data?* *in those markets in which a "legitimate interest" is not a valid legal basis, we will rely on your consent to process your personal information as described herein |
| To:
| The performance of a contract: so you can create and manage your account To comply with a legal obligation: to request and keep information we are required to by law (for instance, we may be required by law to ask for an official identification number/document) |
| Our legitimate interests: (i) to improve our products and services; (ii) better engage with you; (iii) prevent fraud or criminal activity; and (iv) secure our tools |
| Your consent: so we can give you recognition as a Brand Affiliate and/or offer you personalized services and promote our brand |
| Purchases and Order Management | |
| In which context is your personal data collected? Personal Data collected during the purchase process made on Nu Skin Website/Apps (including Stela and Vera), in store or through the phone. | |
| What personal data may we hold about you?* *the following lists of data elements are intended to provide key examples and not necessarily be exhaustive in nature
| |
| How and why we may use it? | What is our legal basis for processing your personal data?* *in those markets in which a "legitimate interest" is not a valid legal basis, we will rely on your consent to process your personal information as described herein |
| To:
| The performance of a contract: so you can make purchases and we can manage the associated logistics |
| To comply with a legal obligation: to request and keep information we are required to by law (for instance, for tax purposes) |
| Our legitimate interests: (i) to improve our products and services; (ii) better engage with you; (iii) prevent fraud or criminal activity; and (iv) secure our tools; or your explicit consent where required by law |
| Your consent: so you can be informed of product availability |
| Newsletter and Marketing Subscription | |
| In which context is your personal data collected? Personal Data collected when you subscribe to receive our marketing communications either via email or SMS. | |
| What personal data may we hold about you?* *the following lists of data elements are intended to provide key examples and not necessarily be exhaustive in nature
| |
| How and why we may use it? | What is our legal basis for processing your personal data?* *in those markets in which a "legitimate interest" is not a valid legal basis, we will rely on your consent to process your personal information as described herein |
| To:
| Your consent: so you can receive marketing communications from us |
| To comply with a legal obligation: to request and keep information we are required to by law (maintain suppression lists) |
| Our legitimate interests: (i) to improve our products and services; and (ii) better engage with you |
| Event and Incentive Trip Registration and Participation | |
| In which context is your personal data collected? Personal Data collected during the registration phase to an Event or an incentive trip, or during your participation at such an event or trip. | |
| What personal data may we hold about you?* *the following lists of data elements are intended to provide key examples and not necessarily be exhaustive in nature
| |
| How and why we may use it? | What is our legal basis for processing your personal data?* *in those markets in which a "legitimate interest" is not a valid legal basis, we will rely on your consent to process your personal information as described herein |
| To:
| The performance of a contract: to confirm and make your booking, registration and other travel arrangements |
| Your consent: where we ask you to leave a review or take a survey or provide health- related data, or where you want to receive a customized experience |
| Our legitimate interests: (i) to improve our products and services; and (ii) better engage with you |
| | |
| Adverse Event/Product Complaint Reporting | |
| In which context is your personal data collected? Personal Data collected when you report online or on the phone (i) an adverse event that occurred from your use of our products or (ii) a complaint regarding our products. | |
| What personal data may we hold about you?* *the following lists of data elements are intended to provide key examples and not necessarily be exhaustive in nature
| |
| How and why we may use it? | What is our legal basis for processing your personal data?* *in those markets in which a "legitimate interest" is not a valid legal basis, we will rely on your consent to process your personal information as described herein |
| To:
| To comply with a legal obligation: to keep information we are required to and/or to meet health and safety requirements |
| The performance of a contract: to provide you with the service you have requested, for example, so we can offer a compensation |
| | |
| Online Browsing and Use of our Apps | |
| In which context is your personal data collected? Personal Data collected by cookies or similar technologies when you browse Nu Skin Website/Apps (including Stela and Vera) or on third-party website/apps where we have cookies, pixels or other similar technologies. | |
| What personal data may we hold about you?* *the following lists of data elements are intended to provide key examples and not necessarily be exhaustive in nature
| |
| How and why we may use it? | What is our legal basis for processing your personal data?* *in those markets in which a "legitimate interest" is not a valid legal basis, we will rely on your consent to process your personal information as described herein |
| To:
| Our legitimate interests: (i) to improve our products and services; (ii) better engage with you; (iii) prevent fraud or criminal activity; and (iv) secure our tools. |
| Your consent: to store cookies, pixels or other similar technologies on your device |
| | |
| Social Media Platforms | |
| In which context is your personal data collected? Personal Data collected from your activity on social media platforms. | |
| What personal data may we hold about you?* *the following lists of data elements are intended to provide key examples and not necessarily be exhaustive in nature We may get information you publicly post on social media platforms or use it to better understand how customers view our products/services or interact with us. For example, we may use public posts to identify beauty trends. Where possible, we do this in way that we are unable to directly identify you. We may also collect your personal data when you mention us on social media platforms. The personal data we collect may include:
If we want to re-use any content you post on social media platforms, we will always ask your permission first (see ‘User Generated Content’ below). | |
| How and why we may use it? | What is our legal basis for processing your personal data?* *in those markets in which a "legitimate interest" is not a valid legal basis, we will rely on your consent to process your personal information as described herein |
| To:
| Our legitimate interests: (i) to improve our products and services; and (ii) better engage with you |
| | |
| User Generated Content | |
| In which context is your personal data collected? Personal Data collected when you submit content (for example images or testimonials) on one of our Website/Apps/social media platforms or accept our re-use of any content you posted on social media platforms. | |
| What personal data may we hold about you?* *the following lists of data elements are intended to provide key examples and not necessarily be exhaustive in nature
| |
| How and why we may use it? | What is our legal basis for processing your personal data?* *in those markets in which a "legitimate interest" is not a valid legal basis, we will rely on your consent to process your personal information as described herein |
| To:
| Your consent: to provide you with the service you have requested, for example, so you can upload the content of your choice |
| Our legitimate interests: (i) to improve our products and services; (ii) better engage with you; (iii) prevent fraud or criminal activity; and (iv) secure our tools |
| | |
| Enquiries | |
| In which context is your personal data collected? Personal Data collected when you reach out to customer service or account management to ask questions relating to our products and their use, or your purchases, account or rights. | |
| What personal data may we hold about you?* *the following lists of data elements are intended to provide key examples and not necessarily be exhaustive in nature
| |
| How and why we may use it? | What is our legal basis for processing your personal data?* *in those markets in which a "legitimate interest" is not a valid legal basis, we will rely on your consent to process your personal information as described herein |
| To:
| The performance of a contract: to respond to your enquiries. |
| Our legitimate interests: (i) to improve our products and services; (ii) better engage with you; (iii) prevent fraud or criminal activity; and (iv) secure our tools |
| | |
| Surveys, Panel Discussions and Focus Groups | |
| In which context is your personal data collected? Personal Data collected when you participate and complete a survey, or particate in a panel discussion or focus group | |
| What personal data may we hold about you?* *the following lists of data elements are intended to provide key examples and not necessarily be exhaustive in nature
| |
| How and why we may use it? | What is our legal basis for processing your personal data?* *in those markets in which a "legitimate interest" is not a valid legal basis, we will rely on your consent to process your personal information as described herein |
| To:
| Your consent: where you agree to participate to the survey, panel discussion or focus group and answer the questions |
| | |
| Our Premises | |
| In which context is your personal data collected? Personal Data collected when you visit our premises e.g. our offices or walk-in- centers (live centers, experience centers, etc). | |
| What personal data may we hold about you?* *the following lists of data elements are intended to provide key examples and not necessarily be exhaustive in nature
| |
| How and why we may use it? | What is our legal basis for processing your personal data?* *in those markets in which a "legitimate interest" is not a valid legal basis, we will rely on your consent to process your personal information as described herein |
| To:
| Our legitimate interests: (i) prevent fraud and criminal activity; and (ii) secure our tools |
| To comply with legal obligation: to meet health and safety requirements. |
| | |
| Job Application | |
| In which context is your personal data collected? Personal Data collected as part of your application for a job at Nu Skin | |
| What personal data may we hold about you?* *the following lists of data elements are intended to provide key examples and not necessarily be exhaustive in nature
| |
| How and why we may use it? | What is our legal basis for processing your personal data?* *in those markets in which a "legitimate interest" is not a valid legal basis, we will rely on your consent to process your personal information as described herein |
| To:
| The performance of a contract: to respond and process your application to one of our job offers |
| Our legitimate interests: find the best candidates for our job offers |
| | |
| Vera Skin Consultation | |
| In which context is your personal data collected? Personal Data collected as part of your use of our virtual Vera Skin Consultation service. | |
| What personal data may we hold about you?* *the following lists of data elements are intended to provide key examples and not necessarily be exhaustive in nature
| |
| How and why we may use it? | What is our legal basis for processing your personal data?* *in those markets in which a "legitimate interest" is not a valid legal basis, we will rely on your consent to process your personal information as described herein |
| To:
| The performance of a contract: to provide you with the service you have requested, for example, so you can receive the product recommendation; |
| Your explicit consent: to the extent that we process special category data or share your data with your sponsor/Brand Affiliates |
| Our legitimate interests: (i) to improve our products and services; (ii) better engage with you; (iii) prevent fraud or criminal activity; and (iv) secure our tools; or your explicit consent where required by law |
| | |
| Vera Shade Finder | |
| In which context is your personal data collected? Personal Data collected as part of your use of our virtual Vera Shade Finder service. | |
| What personal data may we hold about you?* *the following lists of data elements are intended to provide key examples and not necessarily be exhaustive in nature
| |
| How and why we may use it? | What is our legal basis for processing your personal data?* *in those markets in which a "legitimate interest" is not a valid legal basis, we will rely on your consent to process your personal information as described herein |
| To:
| The performance of a contract: to provide you with the service you have requested, for example, so you can receive the product recommendation; |
| Your consent: so you can share your photos or product information on your social networks |
| Our legitimate interests: (i) to improve our products and services; (ii) better engage with you; (iii) prevent fraud or criminal activity; and (iv) secure our tools |
| | |
| Vera Selfie Timeline | |
| In which context is your personal data collected? Personal Data collected as part of your use of our virtual Vera Selfie Timeline service. | |
| What personal data may we hold about you?* *the following lists of data elements are intended to provide key examples and not necessarily be exhaustive in nature
| |
| How and why we may use it? | What is our legal basis for processing your personal data?* *in those markets in which a "legitimate interest" is not a valid legal basis, we will rely on your consent to process your personal information as described herein |
| To:
| The performance of a contract: to accede to your request to use the Vera Selfie Timeline |
| Your consent: so you can share your photos on your social networks |
| Our legitimate interests: (i) to improve our products and services; (ii) better engage with you; (iii) prevent fraud or criminal activity; and (iv) secure our tools; or your explicit consent where required by law |
| | |
| Vera Device Management | |
| In which context is your personal data collected? Personal Data collected as part of your use of our virtual device management services (for example Vera LumiSpa iO service). | |
| What personal data may we hold about you?* *the following lists of data elements are intended to provide key examples and not necessarily be exhaustive in nature
| |
| How and why we may use it? | What is our legal basis for processing your personal data?* *in those markets in which a "legitimate interest" is not a valid legal basis, we will rely on your consent to process your personal information as described herein |
| To:
| The performance of a contract: to provide you with the service you have requested, for example, so you can receive the product recommendations, track usage, and customized routines |
| Your explicit consent: to the extent that we process special category data or share your data with your sponsor/Brand Affiliates |
| Our legitimate interests: (i) to improve our products and services; (ii) better engage with you; (iii) prevent fraud or criminal activity; and (iv) secure our tools; or your explicit consent where required by law |
| | |
| Nu Skin Connect | |
| In which context is your personal data collected? Personal Data collected as part of your use of the Nu Skin Connect customer resource management tool. | |
| What personal data may we hold about you?* *the following lists of data elements are intended to provide key examples and not necessarily be exhaustive in nature
| |
| How and why we may use it? | What is our legal basis for processing your personal data?* *in those markets in which a "legitimate interest" is not a valid legal basis, we will rely on your consent to process your personal information as described herein |
| To:
| The performance of a contract: to provide you with the service you have requested |
| Our legitimate interests: (i) to improve our products and services; (ii) better engage with you; (iii) prevent fraud or criminal activity; and (iv) secure our tools |
| | |
| Enjoy Rewards and Other Loyalty Programs | |
| In which context is your personal data collected? Personal Data collected as part of your participation in the enJoy Rewards Program. | |
| What personal data may we hold about you?* *the following lists of data elements are intended to provide key examples and not necessarily be exhaustive in nature
| |
| How and why we may use it? | What is our legal basis for processing your personal data?* *in those markets in which a "legitimate interest" is not a valid legal basis, we will rely on your consent to process your personal information as described herein |
| To:
| The performance of a contract: to accede to your request to join the enJoy Rewards Program |
| Our legitimate interests: (i) to improve our products and services; (ii) better engage with you; (iii) prevent fraud or criminal activity; and (iv) secure our tools. |
| | |
| TR90 Challenge | |
| In which context is your personal data collected? Personal Data collected as part of your participation in our TR90 challenge. | |
| What personal data may we hold about you?* *the following lists of data elements are intended to provide key examples and not necessarily be exhaustive in nature
| |
| How and why we may use it? | What is our legal basis for processing your personal data?* *in those markets in which a "legitimate interest" is not a valid legal basis, we will rely on your consent to process your personal information as described herein |
| To:
| The performance of a contract: to accede to your request to participate in the TR90 challenge |
| Your consent: to provide you with the service you have requested, for example, so you can upload the content of your choice |
| Our legitimate interests: (i) to improve our products and services; (ii) better engage with you; (iii) prevent fraud or criminal activity; and (iv) secure our tools |
| | |
| IoT Devices | |
| In which context is your personal data collected? Personal Data collected as part of your usage of our IoT connected devices (for example ageLoc LumiSpa iO device). | |
| What personal data may we hold about you?* *the following lists of data elements are intended to provide key examples and not necessarily be exhaustive in nature
| |
| How and why we may use it? | What is our legal basis for processing your personal data?* *in those markets in which a "legitimate interest" is not a valid legal basis, we will rely on your consent to process your personal information as described herein |
| To:
| Our legitimate interests: (i) to improve our products and services; (ii) better engage with you; (iii) prevent fraud or criminal activity; and (iv) secure our tools The performance of a contract: to provide you with the service you have requested in line with your purchase |
| Your consent: to provide you with the service you have requested, for example, to pair your device |
Supplemental Privacy Policy Of Nu Skin India Private Limited
Version 1.1
Effective October 9th 2025
DownloadTable of Contents
SUPPLEMENTAL PRIVACY POLICY OF NU SKIN INDIA PRIVATE LIMITED
If you are a resident of India, the India-specific provisions mentioned in this addendum (“India Addendum”) apply to our processing of personal information about you in addition to the relevant sections of the Nu Skin Global Privacy Notice found at https://legal.nuskin.com/privacy.html (the “Policy” and collectively with India Addendum, “Privacy Policies”). In the event of a conflict between the relevant sections above of the Policy and the provisions of this India Addendum, the provisions of the India Addendum will govern. As used in this India Addendum, all capitalized terms when not defined herein shall have the meaning as ascribed to them under the Policy. Nu Skin India Private Limited (“we”, “us” or “our”) recognize the importance of the personal information we hold about individuals and the trust you place in us. By using, accessing or continuing to use our online properties and mobile applications (the “Sites”), availing our services or submitting your personal information, you confirm that you have carefully read, fully understood and consented to each provision of the Privacy Policies and agree to our use of your personal information (including sensitive personal information) in accordance with the Privacy Policies. For purposes of this Addendum, all references in the Nu Skin Global Privacy Notice to “Brand Affiliates” shall be replaced with the term “Direct Sellers.”
This India Addendum has been prepared in accordance with the provisions of the Digital Personal Data Protection Act, 2023 (“DPDPA”), the Information Technology Act, 2000 and its applicable rules, along with other relevant privacy laws in force in India.
Definitions:
With regards to this India Addendum, the terms will carry the same meaning as defined herein below.
- "Consent" means any freely given, specific, informed, unconditional and unambiguous indication of the data principal wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data for the specified purpose and be limited to such personal data as in necessary for such specified purpose.
- “Cookies” are small files that are placed on your computer, mobile device, or any other device by a website, containing the details of your browsing history on that Website among its many uses.
- "Data Principal" refers to an individual whose personal data is collected, processed, or stored by Nu Skin.
- "Personal Data" refers to your data through which you can be identified or pertains to you. Personal Data includes but shall not be limited to your complete name, gender, date of birth, contact details, address, identity proof, bank account etc. For the purpose and usage of this Privacy Policies, your “personal data” shall include the digital personal data.
- “Personal data breach” means any unauthorised processing of personal data or disclosure, acquisition, sharing, use, alteration, destruction or loss of access to personal data in violation of this Privacy Policies, that compromises the confidentiality, integrity or availability of personal data.
- "Processing" refers to any operation conducted wholly or partially by automated means involving personal data.
- Collection and Storage of Information
Please note that any personal information provided on or gathered by the Sites will be collected, stored, and controlled by Nu Skin India Private Limited, having its registered office at 48, Amarpali, Plot No. 56, I.P. Extension, Patparganj, East Delhi, India, 110092 and Nu Skin International, Inc., 75 W. Center Street, Provo, Utah 84601.
You may give us information about you by filling in forms on our website https://www.nuskin.com/static/india-opening/ or by filling in the enrolment form in writing or by corresponding with us by phone, e-mail or otherwise. The information collected differs as per your use of our website, for instance if you are merely browsing our website or you are creating an account with us. We collect your data in number of ways and the same is processed as per the applicable laws.
Purposes and Legal Basis for Data Processing
We process your personal data for the following purposes:
- Independent Promotership Management:
- Establishing and managing your account
- Processing orders and deliveries
- Payment processing and tax compliance
- Distribution of promotional and marketing material (with your consent)
- Training, webinars, and events
- Compliance with legal and regulatory requirements
- Payment Processing:
- Processing commissions and bonuses
- Managing financial obligations
- Facilitating secure transactions
- Network Operations:
- Referral and genealogy management
- Commission calculations
- Performance tracking and business support
These processes are conducted in compliance with our contractual agreements and relevant Indian regulations. Your data shall be processed by Nu Skin only for these disclosed purposes.
Data Principal Rights
As a Data Principal, you have the following rights regarding your personal data:
- Right to confirmation and access: You can request confirmation of whether we process your personal data and access to such data, including the identities of third parties who have received your data.
- Right to correction and deletion: You have the right to request correction of inaccurate or outdated personal data, and deletion of unnecessary, excessive, or illegally obtained data.
- Right to Nominate: You have the right to nominate an individual who, in the event of your death or incapacity, may exercise the rights granted to you under this Privacy Addendum.
- Right to withdraw consent: You may withdraw your consent for the collection, processing, or sharing of your personal data at any time. Such withdrawal may affect our ability to provide certain services.
- Right to complain: You have the right to file a complaint regarding the processing of your personal data through our Grievance Officer.
Data Fiduciary Obligations
As a data fiduciary under the DPDPA, Nu Skin commits to:
- Process your personal data only for the specific purposes disclosed in this Privacy Addendum and for which you have provided consent.
- Implement reasonable security measures to prevent personal data breaches.
- Ensure that personal data collected is necessary for the purposes of processing.
- Notify you promptly in case of a personal data breach that is likely to cause significant harm.
- Maintain transparency regarding all aspects of the processing of personal data.
- Comply with all provisions of the DPDPA and other applicable privacy laws in India.
Access and Correction of Information
You are entitled to access and review your personal information held by us on request by contacting us using the contact details set out below.
We will take reasonable steps to ensure that the personal information found to be inaccurate or deficient is corrected or amended, as feasible. You can help us to do this by letting us know if you notice any inaccuracy or deficiency in personal information we hold about you and/or by letting us know if your personal details change.
Deletion of Information
You also have the right to request deletion of your personal information where it is no longer necessary for the purposes for which it was collected, where the information is inaccurate, excessive, outdated, incomplete, misleading, or obtained unlawfully. Upon receiving a verified deletion request, we will delete your personal information from our records unless retention is required by law or necessary for legitimate business purposes. If we are unable to delete certain information due to legal or technical constraints, we will inform you of the reason and the expected timeframe for deletion.
Withdrawal of Information
You may choose not to provide us with your personal information or withdraw your consent of the collection and use of your personal information at any time, on request, by contacting us using the contact details set out below. If you do so, we may no longer be able to provide you with the corresponding products or service for which the said personal information was sought by us under the Privacy Policies.
Retention of Your Information
Nu Skin will retain your personal information only for as long as necessary to fulfill the purposes for which it was collected, including for satisfying legal, accounting, legitimate administrative or operational purposes, and any reporting requirements.
The retention period is determined by the nature and duration of your relationship with Nu Skin, local laws, contractual obligations, Nu Skin's reasonable business requirements, and your expectations and requirements. To determine the appropriate retention period for personal information, Nu Skin considers the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which your personal information is processed, whether those purposes can be achieved through other means, and the applicable legal requirements.
When it is no longer necessary to retain your personal information, Nu Skin will securely delete or anonymize it.
Direct Marketing Communications
If you have provided us with consent, we will send you promotional and advertising communications from time to time. By providing consent and/or verifying your contact number with us, you agree to receive promotional and advertising communications (through call, SMS, email or other digital and electronic means) from us even if your mobile number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018. You may opt out of receiving promotional and advertising communications from us at any time by following the instructions in those communications or emailing us at privacy@NuSkin.com or contacting us at 75 W. Center Street, Provo, Utah USA 84601 (Attn: Privacy Office).
Sharing of Information
Please be aware that information you provide to us or that we obtain as a result of your use of the Sites may be shared with those mentioned in the Privacy Policies and you consent to such disclosure. Using the Sites demonstrates your consent to the processing of information as described in the Privacy Policies. Please note that information about our customers is an important part of our business and we disclose your information to only those mentioned in the Policy who are either subject to the Privacy Policies or follow practices at least as protective as those described thereunder. Other than as set out in the Privacy Policies, you will receive notice when your personal information might be shared with third parties and you will have an opportunity to choose not to share such personal information.
Cookies and Tracking Technologies
Our website uses cookies (small files placed on website users' hard drive) to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. We use cookies to monitor the efficacy of promotions, measure the flow of information, adapt services and content, and foster safety and trust.
Certain cookies may contain Personal Data – for example, by clicking "remember me" when logging in, a cookie will store your username. Most cookies will not collect information that identifies the user and will instead collect more general information such as how users arrive at and use our systems, or a user's general location.
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.
Transfer of Information
Please be aware that information you provide to us or that we obtain as a result of your use of the Sites may be collected in your country and subsequently transferred to another country in accordance with applicable law and you consent to such transfers.
For any such transfers, we implement appropriate safeguards including:
- Standard contractual clauses approved by regulatory authorities
- Processing agreements with third-party service providers
- Data encryption during transfer and storage
- Access controls and authorization protocols
We ensure that your information stored outside India is processed in accordance with the Privacy Policies, the DPDPA, and other applicable laws, and that your personal information is equally protected as in India. Using the Sites demonstrates your consent to the processing of information as described in the Privacy Policies.
Children’s Information
The Sites are general audience web sites that are directed for adults who can form a legally binding contract under the Indian Contract Act, 1872. If you have not attained the legal age, you must not access or use our Sites without the consent of your parent or guardian or their involvement. We collect, use or disseminate any personal information of children only with the express consent of the parent or guardian, as permitted by law or when it is necessary to do so in order to protect the children concerned.
If you believe we may have collected personal information from your child on the Sites without having obtained an expressed and verifiable parental/guardian consent, please contact us at privacy@nuskin.com and we will make reasonable efforts to delete it from our records.
Security of Personal Information
We take reasonable steps to ensure that the personal information we collect about you remains accurate, timely and secure. We have put in place reasonable security practices and procedures to implement appropriate technical, operational, managerial and physical security controls in order to protect your personal information from unauthorized access, or disclosure while it is under our control.
All information you provide to us is stored on secure servers. All online payment transactions will be encrypted using SSL technology and will be processed by third-party providers. The data that we collect about you may be transferred to, and stored at, a destination in the territory of India and USA. By submitting your personal data, you agree to this transfer, storing or processing.
We implement prevalent industry practices to safeguard the confidentiality of your Personal Information such as firewalls and authentication protection among other physical restrictions. Nu Skin will periodically review its security policies and implement changes from time to time.
Data Breach Notification
In the event of a personal data breach that is likely to result in significant harm or impact to you, Nu Skin will notify you and the appropriate regulatory authorities as required by the DPDPA. Such notification will include the nature of the breach, the personal data affected, likely consequences of the breach, and measures taken or proposed to address the breach.
Making a Privacy Complaint
Your privacy is important to us. If you have a complaint, you may contact our Grievance Officer at the details provided below, who is responsible for redressing your grievances:
- Name: Samarth Choudhary
- E-mail: samarth@yogiandpartners.com
- Address: 2207 Express Trade Towers II, Sector 132, Noida Expressway, Noida, U.P. 201301
Your complaint will then be investigated. We may ask you to provide further information about your complaint and the outcome you are seeking. We will then typically gather relevant facts, locate and review relevant documents and speak with individuals involved. Our Grievance Officer will redress your grievances expeditiously, within thirty (30) days from the date of receipt of grievance.
Legally Required Disclosures
Nu Skin may be required, by applicable law, court order, or other legal process to disclose your personally identifiable information, and it is our policy to comply with any such requirements.
Disclaimer: Nu Skin will not be responsible for any incorrect, misleading, or fraudulent information that you may provide, nor will it be liable if you misrepresent yourself as another individual. In such cases, you agree to indemnify and hold Nu Skin harmless from any claims, losses, damages, or liabilities arising due to the provision of incorrect information or misrepresentation on your part.
Modifications
Any changes we may make to our Privacy Policy in the future will be posted on our website and, where appropriate. The amendments will be also available at our premises. They will be effective as of the publication date. Your use of the site subsequently to the publication of the amended Privacy Policy or a placement of order with us will be deemed acceptance of such changes.
India Addendum: Last Updated – July 8, 2025
IN Automatic Delivery Terms & Conditions
Version 1.0
Effective October 21st 2025
DownloadTable of Contents
AUTOMATIC DELIVERY TERMS & CONDITIONS
INDIA
These Nu Skin India Automatic Delivery Program Terms and Conditions (these “Terms”) are between you (“you” or “your”) and Nu Skin India Private Limited (“Nu Skin India,” “we,” or “our”), with a principal place of business located at 48, Amarpali, Plot No-56 IP Extension Patparganj East Delhi 110092.
These Terms govern your and our respective rights and obligations under the Nu Skin India automatic delivery program (the “Automatic Delivery Program”).
The Automatic Delivery Program is an optional program that allows you to place standing product orders (each, an “Automatic Delivery”) with Nu Skin India that will be conveniently shipped to you on a recurring basis. Each Automatic Delivery will have its own processing date and shipping frequency, and you may place multiple Nu Skin India products on the same Automatic Delivery, as well as manage multiple Automatic Deliveries. The applicable credit card (or other payment method accepted by Nu Skin India) that you have on file with Nu Skin India for an Automatic Delivery will be charged for each recurring shipment of such Automatic Delivery. Charges made to your saved method of payment will include the purchase price of the Nu Skin India products included in an Automatic Delivery at the time your recurring order is processed, as well as any applicable taxes, fees, and shipping charges.
You may choose to have your Automatic Deliveries shipped to you every month, every other month, or every third month, and you may have multiple Automatic Deliveries shipped to you at different times each month. You can cancel or modify your Automatic Deliveries at any time by logging in to your Nu Skin India account and accessing the Automatic Delivery Dashboard, or by contacting Customer Service at +91 120 712 7177. Such changes must be made at least three business days prior to the designated processing date for each Automatic Delivery you wish to update.
Please note that any Automatic Deliveries you place under the Automatic Delivery Program, as well as your use of the Nu Skin India website (NuSkin.com/India), will also be subject to the Nu Skin India website Terms of Use, the Nu Skin Global Privacy Notice, and the India Privacy Addendum. If you are a Nu Skin India Member (a “Member”), your Automatic Deliveries will also be governed by your Member Agreement. If you are a Nu Skin India Direct Seller (a “Direct Seller”), your Automatic Deliveries will also be governed by your Nu Skin India Direct Seller Agreement and the Nu Skin India Policies and Procedures.
A. AUTOMATIC DELIVERY PURCHASES AND RETURNS
1. PURCHASES
Whether you are a Direct Seller, Member, or retail customer, you may participate in the Automatic Delivery Program by electing to place applicable products on Automatic Delivery, to be shipped to you automatically on a recurring basis. There is no minimum order requirement to participate in the Automatic Delivery Program. You will be charged for the first month of each Automatic Delivery on the day you subscribe. You will then be charged for subsequent months each time your Automatic Delivery is processed, in accordance with the frequency you have selected, until such time that you cancel such Automatic Delivery. If you elect to place additional products on an existing Automatic Delivery, rather than creating a new one, you will be charged for these additional products the next time such Automatic Delivery is processed and each time such Automatic Delivery is processed thereafter, in accordance with the frequency you have selected, until such time that you cancel such Automatic Delivery.
2. CHANGES TO ORDERS
You can cancel or modify the frequency of your Automatic Deliveries at any time by logging in to your Nu Skin India account and accessing the Automatic Delivery Dashboard, or by contacting Customer Service at +91 120 712 7177. You must make any desired changes to your Automatic Deliveries at least three business days prior to the designated processing dates for the Automatic Deliveries you wish to update. You understand that, unless you cancel or modify your Automatic Deliveries within such time frame, your Automatic Deliveries will continue to be processed in accordance with the shipping frequency you selected.
3. RETURNS
Purchases made under the Automatic Delivery Program are subject to Nu Skin India’s Return Policy, available here.
B. SHIPPING ADDRESS AND SHIPPING RATES
1. SHIPPING ADDRESS
An accurate shipping address and phone number are required for each Automatic Delivery. We are not responsible for late or missing shipments if you provide incorrect information or if you fail to notify us of any change of address. Your shipping address must be in India.
2. CHANGE OF ADDRESS
You can change the shipping address for an Automatic Delivery by logging in to your Nu Skin India account and accessing the Automatic Delivery Dashboard, or by contacting Customer Service at +91 120 712 7177. You must make any desired changes at least three business days prior to the designated processing date of the Automatic Delivery you wish to update. Otherwise, your Automatic Delivery will continue to be sent to the address we have on file for such Automatic Delivery.
3. SHIPPING RATES
Our current shipping rates can be found here and may be updated from time to time. You will be charged for any applicable shipping fees in effect at the time your Automatic Deliveries are processed. We will notify you of any material increases in our shipping rates at least 15 business days prior to their taking effect.
C. RETAIL CUSTOMER RESTRICTIONS
If you are a Member or retail customer, you may not (1) sell the products you have purchased, as such products are to be used for personal consumption only, or (2) sponsor any Direct Sellers or other Members or retail customers.
D. INFORMATION SHARED WITH YOUR SPONSORING DIRECT SELLER
1. DIRECT SELLERS
If you are a Direct Seller, your Sponsoring Direct Seller will be able to see what products you have placed on Automatic Delivery. Your “Sponsoring Direct Seller” is the Direct Seller you signed up with when you created your Nu Skin India account. Please review our Privacy Notice or contact our Privacy Team at privacy@nuskin.com for more information.
2. MEMBERS AND RETAIL CUSTOMERS
If you are a Member or retail customer, and you have not otherwise updated your privacy settings at the time you create an Automatic Delivery, your Sponsoring Direct Seller will be able to see what products you have placed on Automatic Delivery. Your “Sponsoring Direct Seller” is the Direct Seller to whom you have previously agreed to link your Nu Skin India account, so that your Sponsoring Direct Seller can provide you with product support and additional information about our products and company. You may update your privacy preferences at any time through your Nu Skin India account. Please review our Privacy Notice or contact our Privacy Team at privacy@nuskin.com for more information.
E. INDEMNITY AND LIMITATION OF LIABILITY AGREEMENT
This Indemnity and Limitation of Liability Agreement is between you, Nu Skin India, and the shareholders of Nu Skin India, which are NSE Asia Products, Pte. Ltd., a Singapore corporation (“NSEAP”), and Nu Skin International, Inc., a Utah corporation (“NSI”).
1.INDEMNITY
You agree to indemnify, defend, and hold harmless each of Nu Skin India, NSEAP, NSI, their affiliates, and their third-party providers, and each of their respective owners, officers, directors, members, managers, affiliates, subsidiaries, employees, agents, representatives, contractors, suppliers, licensors, successors, and assigns (collectively, the “Indemnified Parties”) from and against any claim, demand, proceeding, loss, damage, liability, cost, or expense (including but not limited to reasonable attorneys’ fees and court costs) of any kind (collectively, “Claims”) arising out of or resulting from, directly or indirectly, (a) any breach of your obligations under these Terms or the Automatic Delivery Program; (b) your violation of the rights of a third party, including but not limited to any privacy or consumer protection right that is implicated herein; (c) any violation of law; (d) your negligence or wilful misconduct; (e) your misuse of goods or products purchased under the Automatic Delivery Program; or (f) your participation in the Automatic Delivery Program.
2. ADDITIONAL INDEMNITY BY DIRECT SELLERS
If you are a Direct Seller, you further agree to indemnify, defend, and hold harmless the Indemnified Parties from and against any Claims arising out of or resulting from, directly or indirectly, any acts or omissions by you in conducting your independent Nu Skin India business, including without limitation (x) breach of any representations or warranties, (y) material breach of any other agreements between you and the Indemnified Parties, and (z) any other claims or causes of action.
3.SURVIVAL OF INDEMNIFICATION OBLIGATIONS
These indemnification obligations shall survive the termination or expiration of these Terms, the Automatic Delivery Program, and/or your participation in the Automatic Delivery Program. Nu Skin reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Nu Skin India, NSEAP, NSI, or their affiliates, and you agree to cooperate in such defence. You will not in any event settle any matter without the written consent of Nu Skin India.
4. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, you agree that under no circumstances shall Nu Skin India, NSEAP, NSI, their affiliates, or their third-party providers, or any of their respective parents, subsidiaries, or otherwise affiliated entities, predecessors, successors, assigns, partners, owners, members, managers, officers, directors, employees, investors, representatives, agents, or vendors (collectively, the “Nu Skin Related Parties”) be liable for (a) any personal injury or property damage or (b) any punitive, incidental, consequential, special, or indirect damages, including, but not limited to, damages for loss of future revenue or income, loss of personal or business reputation or opportunity, loss of profits, loss of goodwill, loss of use, loss of data, loss of confidential information, or business interruption, corruption of data, or other intangible losses, even if any of the Nu Skin Related Parties have been advised of the possibility of such damages, regardless of the theory of liability (contract, tort, or otherwise), arising out of or relating to (i) any breach or alleged breach of these Terms or the Automatic Delivery Program, (ii) your participation in or inability to participate in the Automatic Delivery Program, (iii) the cost of procurement of substitute goods, data, information, or services, (iv) your status as a Direct Seller, (v) a third-party provider’s status as a provider of services to you, Nu Skin India, NSEAP, NSI, or affiliates of Nu Skin India or NSEAP, NSI, (vi) any act, omission, or other conduct arising out of or related to the Automatic Delivery Program, or (vii) any other matter relating to the Automatic Delivery Program.
Without limiting the generality of the foregoing, you further agree that in no event shall the entire aggregate liability of the Nu Skin Related Parties to you or to your successors or assigns for any claim whatsoever arising out of or related to these Terms or your participation in the Automatic Delivery Program, including but not limited to any claim or cause of action arising in contract, tort, or equity, exceed the total cost of products that you have purchased from Nu Skin India under the Automatic Delivery Program, or 500 INR, whichever is greater.
As some jurisdictions may not allow the exclusion or limitation of liability for incidental or consequential damages, in such jurisdictions the Nu Skin Related Parties’ total liability is limited to the least amount permitted by law.
F. ARBITRATION AGREEMENT
If you are a Direct Seller, you understand and agree that you are subject to the Arbitration Agreement (the “Arbitration Agreement”) set forth in Section 17 of the Nu Skin India website Terms of Use with respect to any and all Disputes (as defined below) arising under these Terms and/or the Automatic Delivery Program.
PLEASE READ THE ARBITRATION AGREEMENT CAREFULLY AS IT AFFECTS YOUR RIGHTS. YOU MAY ACCESS THE ARBITRATION AGREEMENT IN SECTION 17 OF THE NU SKIN INDIA WEBSITE TERMS OF USE, WHICH ARE AVAILABLE HERE.
For purposes of these Terms, “Dispute” shall have the meaning given to it in Section 17.3 of the Arbitration Agreement. For clarity, you understand and agree that the “Nu Skin Services,” as such term is used in the Arbitration Agreement, is intended to refer to and include the Automatic Delivery Program. Any third-party beneficiaries expressly referenced in the Arbitration Agreement are intended to be third-party beneficiaries under these Terms.
G. CHOICE OF FORUM
1. DIRECT SELLERS
If you are a Direct Seller, the exclusive venue for the arbitration hearing and court proceedings related to the arbitration of any and all Disputes will be held in NCT Delhi, India, in accordance with the Arbitration Agreement. If any Dispute or any other claim, dispute, or controversy arising out of or related to these Terms or the Automatic Delivery Program is not submitted to arbitration in accordance with the Arbitration Agreement, the exclusive venue for the adjudication of such claims, disputes, and controversies shall be any District Court in NCT of Delhi or the Delhi High Court. You consent to the personal jurisdiction of the state and central courts located in NCT of Delhi and waive any objection to improper venue. YOU FURTHER WAIVE YOUR RIGHT TO A JURY TRIAL. To the extent either declaratory or injunctive relief is sought, such relief can be awarded only to the extent necessary to provide the relief warranted by a party’s individual claim.
2. MEMBERS AND RETAIL CUSTOMERS
If you are not a Direct Seller, you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of courts located NCT of Delhi or the Delhi High Court and waive any objection to improper venue, for any claims, disputes, or controversies arising out of or relating to these Terms, the Automatic Delivery Program, or the purchase of products under the Automatic Delivery Program. You agree not to commence any litigation relating thereto except in such courts. You hereby irrevocably and unconditionally agree not to plead or claim in any court in NCT of Delhi or the Delhi High Court that any claim, dispute, or controversy brought therein has been brought in an inconvenient forum. YOU FURTHER WAIVE YOUR RIGHT TO A JURY TRIAL. To the extent either declaratory or injunctive relief is sought, such relief can be awarded only to the extent necessary to provide the relief warranted by a party’s individual claim.
H.GENERAL TERMS AND CONDITIONS
1. SIGN-UP PROCEDURES
By placing a product on Automatic Delivery under the Automatic Delivery Program and agreeing to these Terms, you acknowledge and agree that you have set up an Automatic Delivery account in your name (“Automatic Delivery Account”). As the owner of your Automatic Delivery Account, you are the only person authorized to manage your Automatic Deliveries, update payment details saved to your Automatic Delivery Account, exercise any rights or options under Nu Skin India’s Return Policy with respect to Automatic Deliveries purchased through your Automatic Delivery Account, and exercise any rights under these Terms. You may not assign or transfer your Automatic Delivery Account or any associated benefits to any third party without our prior authorization. You must be at least 18 years old (21 years old in the State of Maharashtra) or the age of majority in your location, whichever is greater, to participate in the Automatic Delivery Program.
2. PAYMENT
(a) You have specified the quantity of each product that you desire to receive on a recurring basis, as well as the frequency that you would like to receive such products, and you have provided Nu Skin India with valid payment information (such as your credit card number, along with such card’s expiration date, security code, and billing address, or any other payment method which may be accepted by Nu Skin India in its discretion).
(b) You understand and agree that all Automatic Deliveries ordered by you must be paid in full before they are shipped and that Nu Skin India will not ship any Automatic Deliveries to you if for any reason we are unable to charge your credit card or other method of payment. If the designated processing date for an Automatic Delivery falls on a weekend or holiday, we may in our discretion process and/or ship such Automatic Delivery up to three business days prior to or after the designated processing date for such Automatic Delivery. When feasible, we will notify you if we anticipate moving up a designated processing date.
(c) Your recurring Automatic Delivery charges include the purchase price of the products included in each Automatic Delivery at the time your recurring order is processed, any applicable taxes and fees, and any applicable shipping charges in effect at the time each Automatic Delivery is processed (collectively, the “Automatic Delivery Charges”).
(d) If you have selected a credit card as your method of payment, you authorize Nu Skin India or its affiliates to charge this credit card for the Automatic Delivery Charges each time your Automatic Deliveries are processed in accordance with the frequency you have selected.
(e) If you have selected a debit card as your method of payment, you authorize Nu Skin India or its affiliates to debit your checking or savings account for the Automatic Delivery Charges each time your Automatic Deliveries are processed in accordance with the frequency you have selected. You further authorize Nu Skin India and its affiliates to, if appropriate, credit amounts to such checking or savings account. Additionally, you authorize the financial institution associated with such debit card (your “Bank”) to debit or credit such amounts to or from such checking or savings account. Such authorizations shall remain in effect until both Nu Skin India and your Bank have received written notice from you of your decision to terminate such authorizations. You must provide an appropriate period of time for Nu Skin India and your Bank to act on such notice of termination. Nu Skin India, its affiliates, and your Bank will be fully protected in honouring these authorizations. If any charge is dishonoured, with or without cause and whether intentionally or inadvertently, then Nu Skin India, its affiliates, and your Bank will have no liability to any party.
(f) All payment, billing, and other information submitted by you must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms and the Automatic Delivery Program. You represent and warrant that you have the legal right to use any credit card or other payment method used to complete any Automatic Delivery transactions.
3. DISCONTINUED PRODUCTS; STOCK OUTS
(a) The specific products you have placed on Automatic Delivery may be discontinued by Nu Skin India. If discontinued, Nu Skin India will provide you with written notice at least five business days prior to the discontinuation of such products. Nu Skin India will continue to send you any other products you may have on Automatic Delivery that are not affected by such product discontinuations. You may select other products to replace the discontinued products by placing them on Automatic Delivery. Such replacement products may result in changes to the amount you pay for products, as well as applicable shipping rates.
(b) If a product you have on Automatic Delivery is out of stock when it is scheduled to ship, you authorize Nu Skin India to (i) update your Automatic Delivery as necessary, including without limitation omitting the out-of-stock item from your scheduled shipment or delaying your scheduled shipment until such item becomes available that month, and/or (ii) when possible, fulfil your order with a similar or related product that we believe will meet your expectations. When possible, we will continue to fulfil such Automatic Deliveries with the substitute product until such time that the regular product becomes available, unless you have subsequently modified or cancelled such Automatic Delivery or notified us that you would like to substitute a different product. You must make any desired changes at least three business days prior to the designated processing date for the applicable Automatic Delivery.
4. BLACKOUT DATES
Due to certain business considerations, you may not be able to select certain days of the month as the designated processing date for one or more of your Automatic Deliveries, as we are unable to fulfil Automatic Deliveries on these dates. If you purchase a product as an Automatic Delivery on one of our blackout dates, we will adjust the designated processing date of such Automatic Delivery to the next closest available date that is not a blackout date. For example, if you place a product on Automatic Delivery on March 31, your first recurring monthly order will be scheduled for April 25 rather than April 30, and subsequent monthly shipments will be processed on the 25th of the month rather than the 31st. Our current blackout dates are the 29th, 30th, and 31st of the month and are subject to change. You may modify the designated processing date of each of your Automatic Deliveries by logging in to your Nu Skin India account and accessing the Automatic Delivery Dashboard, or by contacting Customer Service at +91 120 712 7177. Processing times will apply based on the changes you wish to make.
5. HOLIDAYS AND WEEKENDS
If the designated processing date of an Automatic Delivery falls on a holiday or weekend, we may in our discretion process and/or ship such Automatic Delivery up to three business days prior to or after the designated processing date of such Automatic Delivery. When feasible, we will notify you if we anticipate needing to revise a designated processing date.
6. PRICE INCREASES
Nu Skin India may change the price of products you have placed on Automatic Delivery. If the price of a specific product is increased, Nu Skin India will provide you with notice at least 30 days prior to the price increase. Unless you cancel your Automatic Delivery after receipt of such notice, Nu Skin India will continue to send you the selected product at the increased price.
7. MODIFICATION OR TERMINATION OF TERMS, AUTOMATIC DELIVERY PROGRAM, OR AUTOMATIC DELIVERIES
(a) Nu Skin India may modify these Terms or the Automatic Delivery Program, including any discounts or other benefits, at any time in its sole discretion. Nu Skin India will provide 30 days’ prior notice of any material changes. Your continued participation in the Automatic Delivery Program after any changes are made to these Terms or the Automatic Delivery Program constitutes your acceptance of such changes. If you do not agree with any changes, you must cancel your Automatic Deliveries and stop participating in the Automatic Delivery Program.
(b) Nu Skin India may terminate the Automatic Delivery Program upon 30 days’ prior notice.
(c) Nu Skin India may immediately terminate your right to participate in the Automatic Delivery Program if:
(i) The credit card or other payment information you have provided for any Automatic Delivery is invalid, expires, or is cancelled or otherwise terminated;
(ii) you violate these Terms or any of your obligations under the Automatic Delivery Program;
(iii) you are a Member and you have violated the terms and conditions of your Member Agreement; or
(iv) you are a Direct Seller and you have violated the terms and conditions of your Nu Skin India Direct Seller Agreement or the Nu Skin India Policies and Procedures.
(d) You may modify or cancel any of your Automatic Deliveries at any time by logging in to your Nu Skin India account and accessing the Automatic Delivery Dashboard, or by contacting Customer Service at +91 120 712 7177. You must make any desired changes to your Automatic Deliveries at least three business days prior to the designated processing dates of the Automatic Deliveries you wish to update.
8. NO MODIFICATION OF NU SKIN INDIA DIRECT SELLER AGREEMENT; CUSTOMER ASSISTANCE
(a) If you are a Direct Seller, these Terms do not supersede or modify in any way the terms and conditions of your Nu Skin India Direct Seller Agreement or the Nu Skin India Policies and Procedures.
(b) If you are a Direct Seller, you represent and warrant that (i) you will assist your customers in obtaining any requested refunds under the Automatic Delivery Program and (ii) you have sold or personally consumed at least 80% of your last month’s product purchases.
9. ATTORNEYS’ FEES
If any party to these Terms commences any action or proceeding, whether an arbitration action or proceeding or a judicial action or proceeding, to interpret or enforce any of the terms or conditions of these Terms, the prevailing party in such action or proceeding shall be entitled to recover its reasonable attorneys’ fees and costs incurred in the defence or prosecution of claims in such action or proceeding.
10. GOVERNING LAW
The place of origin of these Terms is NCT of Delhi, India. These Terms will be governed by, construed in accordance with, and interpreted pursuant to the substantive laws of the State of Delhi, without giving effect to its rules regarding choice of laws, provided, however, the agreement to arbitrate applicable to Direct Sellers shall be governed by the rules of the Delhi International Arbitration Centre, Delhi High Court (“DIAC”), in accordance with the DIAC Arbitration Rules as amended.
11. THIRD-PARTY BENEFICIARY RIGHTS
Except where expressly stated in these Terms, no person who is not a party to these Terms is intended to be a beneficiary of these Terms, and no person who is not a party to these Terms shall have any right to enforce any provision of these Terms.
12. SEVERABILITY
If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.
13. PREVAILING LANGUAGE
The English language version of these Terms shall be controlling in all respects and shall prevail in case of any inconsistencies between these Terms and any translated version of these Terms. Any translation of these Terms in any other language is provided as a courtesy only.
IN Terms of Use
Version 1.0
Effective October 31st 2025
DownloadTable of Contents
TERMS OF USE
FOR NU SKIN SERVICES
November 1, 2025
This Terms of Use Agreement (this “Agreement”) sets forth the legal terms and conditions (“Terms”) governing your use of this website (the “Site”) and all of the other products, features, services, technologies, software, websites, and mobile applications (collectively, and together with the Site, the “Nu Skin Services”) that Nu Skin India Private Limited (a subsidiary of NSE Asia Products, Pte. Ltd. and Nu Skin International, Inc.) or its affiliates (collectively, “Nu Skin”) make available to you, except where we expressly state that separate terms (and not these Terms) apply.
PLEASE READ THESE TERMS AND THE NU SKIN GLOBAL PRIVACY NOTICE, INCLUDING THE NU SKIN INDIA PRIVACY ADDENDUM (COLLECTIVELY, THE “NU SKIN PRIVACY NOTICE”), CAREFULLY BEFORE USING THE NU SKIN SERVICES. BY ACCESSING, DOWNLOADING, LINKING TO, FRAMING, BROWSING, OR USING THE NU SKIN SERVICES, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS, AS WELL AS THE NU SKIN PRIVACY NOTICE.
PLEASE NOTE, THESE TERMS CONTAIN LIMITATIONS ON THE LIABILITY OF NU SKIN, NU SKIN’S AFFILIATED COMPANIES, AND CERTAIN THIRD PARTIES (SEE SECTION N), AS WELL AS AN AGREEMENT TO ARBITRATE (SEE SECTION M) THAT REQUIRES YOU TO SUMBIT ANY DISPUTES YOU HAVE WITH NU SKIN, NU SKIN’S AFFILIATED COMPANIES, AND CERTAIN THIRD PARTIES TO BINDING AND FINAL ARBITRATION.
IF YOU DO NOT ACCEPT OR AGREE WITH ANY OF THESE TERMS OR THE NU SKIN PRIVACY NOTICE, THEN DO NOT USE THE NU SKIN SERVICES. IF YOU HAVE ALREADY DOWNLOADED OR INSTALLED ANY MOBILE APPLICATIONS, YOU SHOULD UNINSTALL SUCH MOBILE APPLICATIONS AND DISCONTINUE THEIR USE.
When using a particular feature of the Nu Skin Services, you may also be subject to additional rules, guidelines, terms of service, privacy notices, or other contractual provisions as noted.
If you are a Nu Skin Direct Seller, you agree that your use of the Nu Skin Services is not only subject to these Terms but also to the terms and conditions of your Nu Skin Brand Direct Seller Agreement and the Nu Skin Policies and Guidelines.
A. BINDING AGREEMENT
These Terms and this Agreement constitute a binding legal agreement between you, as an individual, or, in the case of some Nu Skin Direct Sellers, in your capacity as an authorized representative of an entity or organization with a Nu Skin Direct Seller account (in each case, “you” or “you”), and Nu Skin (Nu Skin may also be referred to as “we,” “us,” or “our”). These Terms describe the terms and conditions under which the Nu Skin Services and all associated features, functionality, recommendations, and content are provided to you. If you permit, authorize, provide access to, or otherwise allow any other individuals to use the Nu Skin Services through your account or device (including but not limited to, in the case of a Nu Skin Direct Seller, other individuals engaging in Business Activity (as such term is defined in the Nu Skin Policies and Procedures) on behalf of your Nu Skin Direct Seller account), or represent such individuals in any legal capacity, such individuals will be deemed to be included in the terms “you” or “your” as used in these Terms.
Nu Skin may amend or replace these Terms at any time, without prior notice to you, except as may be required under applicable laws, rules, or regulations. If you continue to use the Nu Skin Services, you will be bound by any modifications made to these Terms. You should review the then-current version of these Terms from time to time.
B. USE OF THE NU SKIN SERVICES; ACCOUNT REGISTRATION
1. USE OF THE NU SKIN SERVICES
In consideration for your access to and use of the Nu Skin Services, you represent, warrant, and agree that (a) you are of legal age to form a binding contract; (b) your use of the Nu Skin Services will be solely for your personal and lawful use; (c) you will comply with these Terms and all applicable laws in using the Nu Skin Services; and (d) where such sharing is not otherwise prohibited by the local laws, rules, or regulations of your country, you will comply with the Nu Skin Social Sharing Guidelines and the Nu Skin Product Testimonial Guidelines whenever sharing testimonials, before-and-after photos, or other materials through the Nu Skin Services with respect to any Nu Skin products.
If you are a Nu Skin Direct Seller, you further represent, warrant, and agree that you will comply with the Nu Skin Direct Seller Agreement, the Nu Skin Policies and Procedures, the Nu Skin Social Sharing Guidelines, the Nu Skin Product Testimonial Guidelines, the Nu Skin Opportunity Testimonial Guidelines, the Nu Skin Business Advisory, and all other applicable Nu Skin guidelines (collectively, the “Nu Skin Policies and Guidelines”) in using the Nu Skin Services. If you are using the Nu Skin Services on behalf of an entity or organization that is a Nu Skin Direct Seller, you represent and warrant that you have the authority to bind such entity or organization to these Terms, in which case these Terms will be between such entity or organization and Nu Skin, and that you have the authority to make all of the representations and warranties contained in these Terms on such entity’s or organization’s behalf, including those set forth in this Section B.1.
2. ACCOUNT REGISTRATION; ACCOUNT INFORMATION
By registering for a Nu Skin account (which may be either a Nu Skin Direct Seller account, a Nu Skin Member account, or a Nu Skin customer account), and in consideration for your access to and use of the additional services, features, and functionality that are available to you with such an account, you further represent, warrant, and agree that all information provided by you is accurate and complete, and that you shall maintain and update such information to keep it accurate and complete.
You understand and agree that your password may be used to attribute an electronic record and an electronic signature to you, and that you are solely responsible for keeping your login, password, and any codes related to your use of your Nu Skin account confidential. You agree to immediately notify Nu Skin of any unauthorized use of your password or any other breach of security. You will be solely liable for any claims, damages, losses, costs, or other liabilities resulting from any failure to keep your login, password, or any codes related to your use of your Nu Skin account confidential (whether such failure or any disclosure occurs with or without your knowledge or consent). Without limiting the foregoing, you understand and agree that Nu Skin shall not, in any manner, be responsible or liable for fraudulent purchases that are made using your compromised password.
3. PERSONAL INFORMATION
When you use the Nu Skin Services or register for or use a Nu Skin account, Nu Skin will collect and process certain personal information about you (“Personal Data”). This may include, but is not limited to, your name, email address, phone number, billing and shipping address, payment information, profile picture, location, usage history and information, purchase history, product interests, images, and any responses you provide to questionnaires. This information will be collected, used, and disclosed in accordance with the Nu Skin Global Privacy Notice, including the Nu Skin India Privacy Addendum, both of which are available for your review on the Site and through the links provided at the top of this document. The Nu Skin Global Privacy Notice, including the Nu Skin India Privacy Addendum, is incorporated into these Terms by reference. By using the Nu Skin Services, you agree to the collection and use of your Personal Data in accordance with the Nu Skin Global Privacy Notice and the Nu Skin India Privacy Addendum.
C. DISCLAIMERS
1. OTHER USERS
Neither Nu Skin nor its third-party providers have control over the conduct of other users of the Nu Skin Services (collectively, “Users”), or over the truth or accuracy of the information that other Users share through the Nu Skin Services. Neither Nu Skin nor its third-party providers can guarantee the true identity of any individual with whom you engage through the Nu Skin Services. Neither Nu Skin nor its third-party providers endorse any person who uses or registers for the Nu Skin Services. NEITHER NU SKIN NOR ITS THIRD-PARTY PROVIDERS SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, CAUSED BY ANOTHER USER OF THE NU SKIN SERVICES.
2. USER DISPUTES
You agree that you are solely responsible for your interactions with any other User in connection with the Nu Skin Services. Neither Nu Skin nor its third-party providers shall have any liability or responsibility with respect to such interactions. Nu Skin reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User of the Nu Skin Services.
3. NU SKIN BRAND AFFILIATES
Nu Skin Direct Sellers are independent third-party contractors of Nu Skin, and Nu Skin is not responsible or liable for the statements, acts, or omissions of such Nu Skin Direct Sellers, whether in connection with the Nu Skin Services or in any other context. You acknowledge and agree that Nu Skin has no control over, and is not responsible or liable for any information, in any medium, provided to you by a Nu Skin Direct Seller. Nu Skin does not confirm the accuracy or reliability of any materials created or distributed by Nu Skin Direct Sellers in any medium.
D. AGE RESTRICTIONS
You must be at least 18 years old or the age of majority in your location, whichever is greater, to use the Nu Skin Services.
E. PRODUCT RECOMMENDATIONS
The Nu Skin Services may provide you with certain product recommendations using its proprietary algorithms (which may include artificial intelligence and machine learning). These product recommendations may be based on information you provide to Nu Skin through the Nu Skin Services, as well as on market popularity and “look alike” audiences.
F. TESTIMONIALS, BEFORE-AND-AFTER PHOTOS, AND RELATED MATERIALS
You understand and agree that, in the event Nu Skin determines, in its sole discretion, that you have violated the Nu Skin Social Sharing Guidelines, the Nu Skin Product Testimonial Guidelines, or any applicable laws, rules, or regulations when sharing testimonials, before-and-after photos, or other materials through the Nu Skin Services with respect to any Nu Skin products, you will cooperate fully with Nu Skin to remove such posts from all forums where they have been shared. Your cooperation under this Section F shall be in addition to any other rights or remedies that Nu Skin may have under these Terms.
G. YOUR LICENSE TO USE THE NU SKIN SERVICES
1. LICENSE
Subject to your ongoing compliance with these Terms, you are hereby granted a revocable, non-exclusive, limited, non-transferable, non-sublicensable personal license to install Nu Skin mobile applications on a device that you own or control and to access and use the Nu Skin Services (the “License”). Any rights not expressly granted by this Agreement, these Terms, or any applicable end-user license agreement are reserved by Nu Skin. Pursuant to these Terms, the Nu Skin Services are being licensed to you, not sold. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE NU SKIN SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY UPLOADS OR TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY AND THAT ALL OF THE RISK ASSOCIATED THEREWITH IS SOLELY YOURS. Nu Skin reserves the right to add to, change, limit, or discontinue any aspect, content, functionality, or feature of the Nu Skin Services at any time. Any such additions, changes, limitations, or discontinuations will be subject to these Terms.
2. RESERVATION OF RIGHTS
The Nu Skin Services, and all content therein or transferred thereby, including without limitation software, images, text, graphics, illustrations, logos, trademarks, service marks, patents, copyrights, photographs, audio, videos, and music (the “Nu Skin Content”), and all intellectual property rights related thereto, are the exclusive property of Nu Skin, Nu Skin’s affiliated entities, or Nu Skin’s third-party service providers, as applicable. The Nu Skin Content is protected by U.S. federal and international copyright and trademark laws and other laws protecting intellectual property or other proprietary rights. All such rights with respect to the Nu Skin Content are protected in all forms, media, and technologies existing now or hereinafter developed. No portion of the Nu Skin Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Nu Skin. Use of the Nu Skin Content for any purpose not expressly permitted by these Terms is strictly prohibited. Except as explicitly provided herein, nothing in these Terms gives you a right to use any names, trademarks, logos, or other distinctive brand features of Nu Skin, Nu Skin’s affiliates, or Nu Skin’s third-party service providers without prior written consent. Nothing contained in these Terms shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent or trademark of Nu Skin or any third party. Except as expressly provided in this Section G, nothing contained herein shall be construed as conferring any license or rights under any Nu Skin or third-party copyright.
3. LINKING AND FRAMING THE SITE
Unless a User has a written agreement in effect with Nu Skin that provides otherwise, a User may only provide a hyperlink to the Site on another website if such User complies with all of the following: (a) the link must be a text-only link clearly marked “Nu Skin” or the link must point to the URL “http://www.nuskin.com/in/en/” and not to other webpages within the Site; (b) the link, when activated by a user, must display the Site full-screen and not within a frame on the linking website; and (c) the appearance, position, and other aspects of the link must not be such as to damage or dilute the goodwill associated with the Nu Skin name and trademarks or create the false appearance that Nu Skin is associated with, or a sponsor of, the linking website. By providing this consent, Nu Skin is not foregoing its ownership or other rights in the Site or in any trademarks, copyrights, patents, or other forms of intellectual property associated with the Site. Nu Skin reserves the right to revoke its consent to any link at any time in its sole discretion.
4. FEEDBACK
You may choose, or Nu Skin may invite you, to submit comments, suggestions, or other feedback about the Nu Skin Services, which may include, but are not limited to, ideas for how to improve the Nu Skin Services (“Feedback”). By submitting Feedback to Nu Skin, you agree that your disclosure is entirely voluntarily and without restriction and will not place Nu Skin under any fiduciary or other obligation to you. You further agree that Nu Skin is free to use and exploit the Feedback in any manner without compensation to you. Feedback, even if designated confidential by you, shall not, absent a separate written agreement between you and Nu Skin, create any confidentiality obligation for Nu Skin with respect to such Feedback, and Nu Skin is free to disclose the Feedback on a non-confidential basis, or on any other basis, to anyone. All Feedback will be the exclusive property of Nu Skin. To the extent you own any rights in the Feedback, you agree to assign, and hereby do assign, to Nu Skin all right, title, and interest in and to the Feedback. You agree to perform all acts reasonably requested by Nu Skin to perfect and enforce such rights.
5. VIRTUAL EVENTS AND DIGITAL CONTENT
Nu Skin may offer virtual events, webinars, digital downloads, and other online content through the Nu Skin Services. Your participation in or purchase of such content is subject to these Terms and any additional event-specific terms presented at the time of registration or purchase. Nu Skin reserves the right to record virtual events and use such recordings for training, marketing, or other business purposes. You may not record, reproduce, distribute, or create derivative works from any Nu Skin virtual event or digital content without Nu Skin's express written permission.
H. YOUR LICENSE TO NU SKIN
1. USER CONTENT
By accessing, downloading, linking to, framing, browsing, or using the Nu Skin Services, and without further payment or consideration to you, you grant Nu Skin the right to use any data, materials, or other content uploaded or otherwise transmitted to, or created by you through, the Nu Skin Services, including but not limited to images, text, graphics, illustrations, logos, photographs, audio, videos, music, reviews, comments, and other materials (which may include your name, likeness, and social media user names and handles) (collectively, the “User Content”), subject to the following terms and conditions:
(a) You will retain ownership of such User Content, and you grant to Nu Skin and its designees (which may include, but are not limited to, other third-party providers, Nu Skin Brand Affiliates, and Nu Skin customers) a worldwide, royalty-free, non-exclusive license, with right of sublicense (through multiple tiers), to collect, use, reproduce, host, communicate, store, distribute (through multiple tiers), create derivative works of, and publicly display such User Content.
(b) You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Content, that the User Content does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, that the User Content is not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, and that, if you are Nu Skin Direct Seller, the User Content complies with the Nu Skin Policies and Guidelines.
(c) You have obtained the written consent, release, and/or permission of every identifiable individual who appears in the User Content, or if any such identifiable individual is under the age of eighteen (18) or the age of majority in your location, you have obtained the written consent, release, and/or permission from such individual’s parent or guardian, to use such individual’s likeness as part of such User Content in the manner contemplated by these Terms. You agree to provide to Nu Skin a copy of any such consents, releases, and/or permissions upon request. If you do submit User Content that contains the likeness of an identifiable individual under the age of eighteen (18) or the age of majority in your location, we strongly encourage you not to include any identifying information (such as the individual’s name or address) with such User Content.
2. DELETION OF USER CONTENT
You understand and agree that Nu Skin may, in its sole discretion and without prior notice, use, modify, revise, filter, or delete any User Content, including but not limited to permanently deleting such User Content from the Nu Skin Services at any time.
I. RESTRICTIONS ON USE
In using the Nu Skin Services, you represent and warrant that you will not:
(a) Intentionally or unintentionally violate any of these Terms or any local, state, provincial, national, regional, or international law or regulation;
(b) Attempt to decompile, reverse compile, reverse engineer, disassemble, or otherwise to derive source code from any part of the Nu Skin Services, or any other software provided in connection with the Nu Skin Services;
(c) Make any modification, adaptation, improvement, enhancement, or translation of, or create derivative works from, the Nu Skin Services, or use, copy, modify, alter, or transfer the Nu Skin Services contrary to these Terms or applicable laws and regulations;
(d) Access or use the Nu Skin Services for the purpose of copying any feature of the Nu Skin Services, or for building a competitive product;
(e) License, sell, rent, lease, transfer, assign, redistribute, or otherwise commercially exploit the Nu Skin Services or any aspect thereof;
(f) Upload, post, email, transmit, or otherwise make available any material that:
(i) Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
(ii) You do not have a right to make available under any law or under a contractual relationship, or which discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement;
(iii) Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party (including privacy rights);
(iv) Is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(v) Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Nu Skin Services, or any computer software or hardware, telecommunications equipment, or data of Nu Skin or any other User, or that compromises another User’s privacy; or
(vi) Contains any falsehoods or misrepresentations or creates an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way.
(g) Use the Nu Skin Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation photographs of others without their permission, personal contact information, or credit, debit, or other account numbers;
(h) Interfere with another’s use of the Nu Skin Services, or with Nu Skin’s ability to provide the Nu Skin Services;
(i) Create liability for Nu Skin or cause Nu Skin to lose the services of our Internet service providers or other third-party providers;
(j) “Stalk” or harass any other User of the Nu Skin Services, or collect or store any information about any other User, other than for purposes of transacting with one another;
(k) Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(l) Use automated scripts to collect information or otherwise interact with the Nu Skin Services;
(m) Remove, obscure, or alter any copyright notices, trademarks, or other proprietary rights notices of Nu Skin or any other party;
(n) Use the Nu Skin Services on a device without permission, regardless of whether it is a stolen, lost, or unauthorized device, or tamper with or make an unauthorized connection to the network of any wireless service provider;
(o) Use any part of the Nu Skin Services while operating vehicles, heavy machinery or engaging in any activity where insufficient attention on your part could result in personal injury, death, or property damage; or
(p) Advocate, encourage, assist, allow, permit, or enable any third party in doing any of the foregoing.
J. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE NU SKIN SERVICES IS AT YOUR SOLE RISK AND DISCRETION. THE NU SKIN SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NU SKIN AND EACH OF ITS THIRD-PARTY PROVIDERS HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE NU SKIN SERVICES, ANY CONTENT AVAILABLE ON OR THROUGH THE NU SKIN SERVICES, OR ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE NU SKIN SERVICES (UNLESS EXPRESSLY STATED FOR A PARTICULAR PRODUCT OR SERVICE), INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
NU SKIN AND EACH OF ITS THIRD-PARTY PROVIDERS MAKES NO WARRANTY (A) AGAINST INTERFERENCE OF YOUR ENJOYMENT OF THE NU SKIN SERVICES; (B) THAT THE NU SKIN SERVICES WILL BE FUNCTIONAL, UNINTERRUPTED, ERROR-FREE OR BUG-FREE, OR MEET YOUR REQUIREMENTS; (C) REGARDING THE SECURITY, RELIABILITY, OR TIMELINESS OF THE NU SKIN SERVICES; OR (D) THAT ANY ERRORS, BUGS, OR FAILURES IN THE NU SKIN SERVICES WILL BE CORRECTED.
ANY CONTENT OR MATERIAL DOWNLOADED, TRANSMITTED, STORED, ACCESSED, OR OTHERWISE MAINTAINED THROUGH YOUR USE OF THE NU SKIN SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE NU SKIN SERVICES. NO ADVICE, COURSE OF CONDUCT, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NU SKIN OR ANY PARTY, OR THROUGH THE NU SKIN SERVICES, SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT NU SKIN MIGHT NOT BE ABLE TO OFFER THE NU SKIN SERVICES AT ALL IN THE ABSENCE OF THE FOREGOING DISCLAIMERS AND LIMITATIONS.
K. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless each of Nu Skin, Nu Skin’s third-party providers, and each of their respective owners, officers, directors, members, managers, affiliates, subsidiaries, employees, agents, representatives, contractors, suppliers, licensors, successors, and assigns from and against any claim, demand, proceeding, loss, damage, liability, cost, or expense (including but not limited to reasonable attorneys’ fees and court costs) of any kind arising out of (a) your access to, use, or misuse of the Nu Skin Services or any third-party content and services; (b) any breach by you of your obligations under this Agreement or these Terms; (c) any content you create, submit, post, transmit, or otherwise make available through the Nu Skin Services; (d) your violation of the rights of a third party, including but not limited to any infringement of any intellectual property, proprietary right, or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (e) any violation of law; (f) your negligence or willful misconduct; (g) any dealings between you and any person or entity that you send or otherwise transmit any content to using the Nu Skin Services; (h) your violation of any contract you enter into with another User of the Nu Skin Services; or (i) your misuse of goods or products provided through the Nu Skin Services. This obligation shall survive the termination or expiration of this Agreement, these Terms, and/or your use of the Nu Skin Services. Nu Skin reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Nu Skin, and you agree to cooperate in such defense. You will not in any event settle any matter without the written consent of Nu Skin.
L. GOVERNING LAW
We operate this Site in India. Information contained on this Site may not be appropriate or available for use in other locations, and access to this Site from territories where the content of the Site may be illegal is prohibited. If you choose to access the Site from locations outside of India, you are responsible for compliance with local laws if, and to the extent that, such local laws are applicable. We reserve the right, in our sole discretion, to limit the availability of the Site goods and/or services to any person, geographic area or jurisdiction at any time.
M. DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THIS SECTION M CAREFULLY. IT AFFECTS YOUR RIGHTS.
1. CUSTOMERS AND NU SKIN MEMBERS
If you are not a Nu Skin Direct Seller, any dispute, controversy or claim arising out of or relating to these Terms, including the validity, invalidity, breach or termination thereof, shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 of India. The arbitration shall take place in Delhi, India, and shall be conducted in English by a single arbitrator appointed in accordance with said Rules. The decision of the arbitrator shall be final and binding on the parties. Either party may seek to enforce the final arbitration award in the courts of Karnataka. Notwithstanding the foregoing, Nu Skin may seek injunctive or other equitable relief exclusively in the courts of Karnataka.
2. NU SKIN DIRECT SELLERS
If you are a Nu Skin Direct Seller, you understand and agree that you are subject to the arbitration agreement set forth in Chapter 7 of the Nu Skin Policies and Procedures (the “Arbitration Agreement”) with respect to any and all Disputes (as defined below) under these Terms.
PLEASE READ THE ARBITRATION AGREEMENT AND THIS SECTION M.2 CAREFULLY AS THEY AFFECT YOUR RIGHTS. YOU MAY ACCESS THE ARBITRATION AGREEMENT HERE.
FOR PURPOSES OF THESE TERMS, A “DISPUTE” MEANS ANY AND ALL PAST, PRESENT, OR FUTURE CLAIMS, DISPUTES, CONTROVERSIES, CAUSES OF ACTION, OR COMPLAINTS, WHETHER BASED IN CONTRACT, TORT, STATUTE, LAW, PRODUCT LIABILITY, EQUITY, OR ANY OTHER CAUSE OF ACTION, (A) ARISING FROM OR RELATED TO THIS AGREEMENT, OR ANY ALLEGED BREACH THEREOF, THESE TERMS, YOUR USE OF OR INABILITY TO USE ALL OR PART OF THE NU SKIN SERVICES, OR THE USE OF OR THE INABILITY TO USE ALL OR PART OF THE NU SKIN SERVICES BY ANY OF YOUR CUSTOMERS, ANY OTHER DIRECT SELLERS, OR THE CUSTOMERS OF ANY OTHER DIRECT SELLERS, INCLUDING WITHOUT LIMITATION ANY AND ALL SUCH CLAIMS, DISPUTES, CONTROVERSIES, CAUSES OF ACTION, OR COMPLAINTS BETWEEN YOU AND ANY OF THE NU SKIN PARTIES (AS SUCH TERM IS DEFINED BELOW), BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF ALL OR ANY PORTION OF THE NU SKIN SERVICES (EACH, A “THIRD-PARTY PROVIDER”) (EACH SUCH THIRD-PARTY PROVIDER SHALL BE A THIRD-PARTY BENEFICIARY OF THE ARBITRATION AGREEMENT AND THIS SECTION M.2), BETWEEN YOU, ANY OF THE NU SKIN PARTIES, AND ANY OF NU SKIN’S THIRD-PARTY PROVIDERS, BETWEEN YOU AND ANOTHER NU SKIN DIRECT SELLER (WHO SHALL BE A THIRD-PARTY BENEFICIARY OF THE ARBITRATION AGREEMENT AND THIS SECTION M.2), BETWEEN YOU, ANY OF THE NU SKIN PARTIES, AND ANOTHER NU SKIN DIRECT SELLER, OR BETWEEN YOU, ANY OF THE NU SKIN PARTIES, ANOTHER NU SKIN DIRECT SELLER, AND ANY OF NU SKIN’S THIRD-PARTY PROVIDERS, OR (B) ARISING OUT OF OR RELATED TO THE INTERPRETATION OR ENFORCEMENT OF THIS AGREEMENT OR THESE TERMS. The “Nu Skin Parties” shall mean Nu Skin, NSE Asia Products, Pte. Ltd., Nu Skin International, Inc., and Nu Skin Enterprises, Inc., and each of their respective parents, subsidiaries, and otherwise affiliated entities. Each of NSE Asia Products, Pte. Ltd., Nu Skin International, Inc., and Nu Skin Enterprises, Inc., and each of their respective parents, subsidiaries, and otherwise affiliated entities, as well as the parents, subsidiaries, and otherwise affiliated entities of Nu Skin, shall be a third-party beneficiary of the Arbitration Agreement and this Section M.2. Nothing in this definition of “Dispute” is intended to, nor shall it be interpreted to, permit adjudication of any Dispute as a class action. Any third-party beneficiaries expressly referenced in this Section M.2 are intended to be third-party beneficiaries under this Agreement and these Terms.
The exclusive venue for any arbitration hearing and court proceedings related to the arbitration of any and all Disputes pursuant to this Section M.2 will be the National Capital Territory of Delhi, India, in accordance with the Arbitration Agreement. If any Dispute or any other claim, dispute, or controversy arising out of or related to this Agreement or these Terms is not submitted to arbitration in accordance with the Arbitration Agreement, the exclusive venue for the adjudication of such claims, disputes, and controversies shall be in a court of proper jurisdiction in Delhi, India. You consent to the personal jurisdiction of the courts within Delhi, India, and waive any objection to improper venue. YOU FURTHER WAIVE YOUR RIGHT TO A JURY TRIAL. To the extent either declaratory or injunctive relief is sought, such relief can be awarded only to the extent necessary to provide the relief warranted by a party’s individual claim.
N. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL NU SKIN OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE NU SKIN SERVICES, OR ANY OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, OR OTHERWISE AFFILIATED ENTITIES, PREDECESSORS, SUCCESSORS, ASSIGNS, PARTNERS, OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, INVESTORS, REPRESENTATIVES, AGENTS, OR VENDORS (COLLECTIVELY, THE “NU SKIN RELATED PARTIES”), BE LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF FUTURE REVENUE OR INCOME; LOSS OF PERSONAL OR BUSINESS REPUTATION OR OPPORTUNITY; LOSS OF PROFITS; LOSS OF GOODWILL; LOSS OF USE; LOSS OF DATA; LOSS OF CONFIDENTIAL INFORMATION; OR BUSINESS INTERRUPTION, CORRUPTION OF DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ANY OF THE NU SKIN RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), ARISING OUT OF OR RELATING TO (A) ANY BREACH OR ALLEGED BREACH OF THIS AGREEMENT OR THESE TERMS; (B) YOUR USE OF OR INABILITY TO USE THE NU SKIN SERVICES; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION, OR SERVICES; (D) ERRORS, MISTAKES, OR INACCURACIES IN ANY INFORMATION AVAILABLE ON THE NU SKIN SERVICES; (E) ANY BUGS, VIRUSES, OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE NU SKIN SERVICES; (F) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY WITHIN OR THROUGH THE NU SKIN SERVICES; (H) ANY DEALINGS OR TRANSACTIONS BETWEEN YOU AND ANY PERSONS, ENTITIES, OR USERS WHOM YOU SEND OR TRANSMIT ANY CONTENT TO USING THE NU SKIN SERVICES, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OFFERED BY YOU TO SUCH PERSONS, ENTITIES, OR USERS; (I) YOUR STATUS AS AN INDEPENDENT CONTRACTOR AND DIRECT SELLER OF NU SKIN PRODUCTS; (J) A THIRD-PARTY PROVIDER’S STATUS AS A PROVIDER OF SERVICES TO YOU OR NU SKIN; (K) ANY ACT, OMISSION, OR OTHER CONDUCT ARISING OUT OF OR RELATED TO THE NU SKIN SERVICES; OR (L) ANY OTHER MATTER RELATING TO THE NU SKIN SERVICES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU FURTHER AGREE THAT IN NO EVENT SHALL THE ENTIRE AGGREGATE LIABILITY OF THE NU SKIN RELATED PARTIES TO YOU OR YOUR SUCCESSORS OR ASSIGNS FOR ANY CLAIM WHATSOEVER ARISING OUT OF OR RELATED TO THIS AGREEMENT, THESE TERMS, OR YOUR USE OF THE NU SKIN SERVICES, INCLUDING BUT NOT LIMITED TO ANY CLAIM OR CAUSE OF ACTION ARISING IN CONTRACT, TORT, OR EQUITY, EXCEED THE TOTAL AMOUNT OF ANY FEES PAID BY YOU FOR USE OF THE NU SKIN SERVICES, OR $50 USD (OR THE CORRESPONDING AMOUNT ONCE CONVERTED INTO YOUR LOCAL CURRENCY), WHICHEVER IS GREATER. AS SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW.
O. MODIFICATION, SUSPENSION, OR TERMINATION OF YOUR ACCESS
1. MODIFICATION, SUSPENSION, OR TERMINATION BY NU SKIN
Your access to your Nu Skin account and/or to the Nu Skin Services may be modified, restricted, or suspended, in whole or in part, at any time, for any or no reason, without prior notice to you, except as may be required under applicable laws, rules, or regulations or your Nu Skin Direct Seller Agreement and the Nu Skin Policies and Guidelines. Further, your Nu Skin account or your access to the Nu Skin Services may be terminated at any time, for any or no reason, without prior notice to you, except as may be required under applicable laws, rules, or regulations or your Nu Skin Direct Seller Agreement and the Nu Skin Policies and Guidelines. Any such modification, restriction, suspension, or termination shall be made by Nu Skin in its sole discretion, and neither Nu Skin nor its third-party providers shall be responsible to you or any third party for any damages that may result from such modification, restriction, suspension, or termination of your Nu Skin account and/or your access to the Nu Skin Services. Reasons for termination may include, but are not limited to: (a) violations of these Terms and any other policies or guidelines that are referenced in these Terms and/or posted within the Nu Skin Services; (b) discontinuance or material modification to the Nu Skin Services or any part thereof; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) cases where the provision of the Nu Skin Services to you is or may become unlawful; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities; or (g) if you are a Nu Skin Direct Seller, violations of your Nu Skin Direct Seller Agreement or the Nu Skin Policies and Guidelines.
2. TERMINATION OF YOUR NU SKIN ACCOUNT BY YOU
You may terminate your Nu Skin account at any time by contacting Nu Skin Customer Service at +91 120 712 7177.
3. USER CONTENT UPON TERMINATION OF YOUR NU SKIN ACCOUNT
Upon termination of your Nu Skin account for any reason, all User Content associated with your Nu Skin account shall be deleted. You may continue to use certain features of the Nu Skin Services without maintaining a Nu Skin account, subject to your ongoing compliance with these Terms and this Agreement. You may contact us at privacy@nuskin.com for any questions related to exercising your rights under the Privacy Notice with respect to any personal information provided by you within the Nu Skin Services.
P. SECURITY OF THE NU SKIN SERVICES
The Nu Skin Services are intended for your personal use only. You understand and acknowledge that the Nu Skin Services may not function properly, may contain errors or bugs, and are susceptible to breach, corruption, or failure. If any of the Nu Skin Services malfunction or fail, or if any Nu Skin mobile applications are disabled or uninstalled from your device, with or without your knowledge and/or consent, some or all of the Nu Skin Services may not function. You are solely responsible for any resulting claims, liability, losses, or damages arising out of the unauthorized disclosure, transfer, or use of any personal content, data, or materials stored on your device for any reason, even if occurring as a result of a failure in the Nu Skin Services or from disabling or uninstalling Nu Skin mobile applications, with or without your knowledge and/or consent.
Q. PRODUCT PURCHASES AND REFUNDS
1. APPLICABLE MARKET PURCHASES
You may have the opportunity to order certain products and services through the Nu Skin Services. You are subject to the terms and conditions governing such product orders in the market where you make the purchase, and it is your responsibility to be aware of their details. If you are a Nu Skin Direct Seller, your purchase will be subject to your separate Nu Skin Direct Seller Agreement and other related agreements with Nu Skin.
2. RETURNS
If you desire to return a Nu Skin product that you have purchased through the Nu Skin Services, please consult the return policies applicable to your market, which may be found on your local Nu Skin website.
3. PRODUCT PURCHASES AND PRICING
All billing and other information submitted by you must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms and this Agreement. By completing the checkout process, you agree to accept and to pay for the product(s) requested. You represent and warrant that you have the legal right to use any credit card or other payment means used to complete any transaction.
4. INCORRECT PRICING
In the event a product is listed at an incorrect price or with incorrect information due to a typographical error or error in pricing or product information, Nu Skin shall have the right to refuse or cancel any orders placed for products listed at the incorrect price, except where prohibited by applicable laws or regulations. Nu Skin shall have the right to refuse or cancel any such orders, whether or not the order has been confirmed and a credit card charged. Further, Nu Skin reserves the right, in its sole discretion, to refuse or cancel any order for any reason. If your credit card has already been charged for the purchase and your order is canceled, Nu Skin shall immediately issue a credit to your credit card account in the amount of the charge.
5. ADDITIONAL CANCELLATION RIGHTS
Nu Skin reserves the right to cancel any order at its sole discretion for reasons including but not limited to: (a) suspected fraudulent activity; (b) verification or authorization failures with payment providers; (c) shipping constraints; (d) product availability issues; or (e) violations of these Terms or applicable laws. Nu Skin shall have no liability for any damages arising from such cancellations.
6. PRODUCT DESCRIPTIONS
We attempt to be accurate in all product descriptions. Nevertheless, we do not warrant that any product description or other content related to the products is accurate, complete, reliable, current, or error free. If you find a product is not as described, your sole remedy is to return the product pursuant to Nu Skin’s Refund Policy, which may be found on your local Nu Skin website.
7. PURCHASE LIMITATIONS
We reserve the right, with or without prior notice, to (a) impose conditions on the honoring of any coupon, coupon code, promotional code, or other promotion, (b) change a product description, (c) limit the availability of any product or service, (d) terminate our provision of any product or service, or (e) refuse to provide you or any customer with any product or service. The price and availability of any Nu Skin product or service may be changed at any time without notice.
8. PROMOTIONS
The Nu Skin Services may contain contests or promotions that require you to send material or information about yourself or your Nu Skin business in order to participate. Please note that any such contest or promotion offered through the Nu Skin Services may be governed by a separate set of terms and conditions, which may include, among other things, eligibility requirements such as age limits and geographical restrictions. If you decide to participate in such contests or promotions, it will be your responsibility to familiarize yourself with any relevant terms and conditions, and by your participation you agree to comply with any such terms and conditions which will be binding and final in all respects. Any promotion will be void in jurisdictions where it is prohibited.
R. ASSIGNMENT
You may not assign your rights or delegate your responsibilities hereunder without the express written permission of Nu Skin, except pursuant to the sale of your business, or all or substantially all of its assets. Nu Skin may, at any time, assign its rights or delegate its obligations hereunder without notice to you.
S. PREVAILING LANGUAGE
The English language version of these Terms shall be controlling in all respects and shall prevail in case of any inconsistencies between these Terms and any translated version of these Terms. Any translation of these Terms in any other language is provided as a courtesy only.
T. THIRD PARTY BENEFICIARY RIGHTS
Except as expressly stated herein, no person who is not a party to these Terms or to this Agreement is intended to be a beneficiary of these Terms or this Agreement, and no person who is not a party to these Terms or this Agreement shall have any right to enforce any provision of these Terms or this Agreement.
U. THIRD PARTY SITES AND SERVICES
The Nu Skin Services may direct you to sites, software, or services owned or operated by third parties (“Third-Party Sites”). Nu Skin has not reviewed all of the Third-Party Sites to which you may be directed, and Nu Skin has no control over such Third-Party Sites. Additionally, Nu Skin has no control over and is not responsible for (a) the content and operation of such Third-Party Sites or (b) the privacy or other practices of such Third-Party Sites. The fact that the Nu Skin Services direct you to such Third-Party Sites does not indicate any approval or endorsement of any such Third-Party Sites. The Nu Skin Services direct you to such Third-Party Sites only as a convenience. You are responsible for the costs associated with such Third-Party Sites, including any applicable license fees and service charges. Accordingly, Nu Skin strongly encourages you to become familiar with the terms of use and practices of any such Third-Party Sites. Third-Party Sites may provide links to other sites and apps with or without Nu Skin’s authorization. Nu Skin does not endorse such sites, and Nu Skin is not and will not be responsible or liable for any links to those sites or apps, any content, advertising, products, or other materials available on or through such other sites or apps, or any loss or damages incurred in connection therewith. YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES, SOFTWARE, AND SERVICES, INCLUDING BUT NOT LIMITED TO YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD-PARTY SITES, SOFTWARE, AND SERVICES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES, SOFTWARE, AND SERVICES. YOU HEREBY RELEASE NU SKIN, AND NU SKIN’S THIRD-PARTY PROVIDERS, FROM ALL LIABILITY AND/OR DAMAGES THAT MAY ARISE FROM YOUR USE OF ANY THIRD-PARTY SITES OR YOUR RECEIPT OF SERVICES FROM ANY THIRD-PARTY SITES. Nu Skin has the right, and any time and in its sole discretion, to block links to Third-Party Sites and apps through technological or other means without prior notice.
V. SYSTEM OUTAGES
Nu Skin and its third-party providers periodically schedule system downtime for the Nu Skin Services for maintenance and other purposes. Unplanned system outages may also occur. Neither Nu Skin nor its third-party providers shall have any liability whatsoever for the resulting unavailability of the Nu Skin Services, for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery, or non-delivery of information caused by such system outages, or for any third-party acts or any other outages of web host providers or the Internet infrastructure and network external to the Nu Skin Services.
W. SERVICE PROVIDER PAYMENT
You agree to pay all fees charged to you by your wireless service provider, if any, for the Nu Skin Services and any associated data usage charges, if any, regardless of whether you have electronically downloaded, installed, or used any of the Nu Skin Services. We will not be liable for any liabilities, losses, or damages resulting from any failure in the functionality of the Nu Skin Services caused by or resulting from your failure to pay any amounts when due.
X. NOTICES
By using the Nu Skin Services, you consent to receive all agreements, communications, notices, and disclosures in connection with the Nu Skin Services in electronic form, including short message service (“SMS”).
Y. DISTRIBUTION CHANNELS
Nu Skin mobile applications may be made available through the Apple App Store, Google Play, or other distribution channels (each, a “Distribution Channel”). If you obtain a Nu Skin app through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms are between you and Nu Skin only, and not with the Distribution Channel.
Z. COPYRIGHT
Nu Skin’s policy regarding copyright infringement and Nu Skin’s designated agent for receipt of copyright infringement claims is set forth below:
NU SKIN COPYRIGHT NOTICE
Nu Skin respects the intellectual property rights of others and requires those who use the Nu Skin Services to do the same. Nu Skin may, in appropriate circumstances and in its discretion, remove or disable access to material that infringes upon the intellectual property rights of others. Nu Skin may also, in its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. If you believe that your work has been used through the Nu Skin Services in any manner that constitutes copyright infringement, please notify Nu Skin’s copyright agent by written notice. The notice should include the following information:
(a) An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
(b) A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
(c) Identification of the location in the Nu Skin Services of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
(d) Your name, address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner, or the law; and
(f) A statement by you, under penalty of perjury, that the information in this notification is accurate and that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf.
Nu Skin’s copyright agent for notice of claims of copyright infringement through the Nu Skin Services can be reached as follows:
By Mail
Nu Skin India Private Limited
Attn: Legal Department, Copyright Agent
Unit-1, Level-7, Wing-B, Satellite Gazebo, Guru
Hargovindji Marg, Andheri Ghatkopar, Link
Road, Chakala, Andheri East, Greater Mumbai
Ward-K/E, Greater Mumbai,
Maharashtra-400093
By Email
copyright@nuskin.com
By Telephone
+91 120 712 7177
AA. ENTIRE AGREEMENT
This Agreement, these Terms, the Nu Skin Privacy Policy, and any other documents expressly incorporated herein by reference constitute the entire agreement between you and Nu Skin governing your use of the Nu Skin Services and all related activities. These Terms supplement and do not supersede any other policies that apply to you, including but not limited to your Nu Skin Direct Seller Agreement and the Nu Skin Policies and Guidelines.
BB. NO WAIVER
Nu Skin’s delay or failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.
CC. HEADINGS
The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement.
DD. SEVERABILITY
If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.
EE. FORCE MAJEURE
Neither Nu Skin nor its third-party providers shall have any liability for any failure or delay in performing any obligation under these Terms due to events beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
FF. CONTACT US
If you have any questions about these Terms or if you wish to receive any additional information, provide feedback, or raise any concerns in relation to the Nu Skin Services, please contact Nu Skin at privacy@nuskin.com.
IN Direct Seller Agreement
Version 1.0
Effective October 21st 2025
DownloadTable of Contents
INDIA DIRECT SELLER AGREEMENT
Nov. 1, 2025
This Direct Seller Agreement (hereafter, this “Agreement”) is entered into between Nu Skin India Private Limited (the “Company”) and you. This Agreement incorporates by reference the Nu Skin India Policies and Procedures, the Nu Skin India Sales Performance Plan, the Business Entity Form (if applicable), and all guidelines and supplemental policies referenced in any of the foregoing or displayed on the Company’s website at nuskin.com/India, as each may be amended from time to time (collectively, the “Contract”). The Contract governs how Direct Sellers may conduct their Nu Skin business and defines the rights and relationships of the Direct Sellers and the Company.
Pursuant to this Agreement, the Company is contracting with you to allow you to act as a Direct Seller in India. Capitalized terms used but not defined in this Agreement are defined in the Policies and Procedures.
Please note, this Agreement contains limitations on the liability of the Company, its affiliated companies, and certain third parties (See Section D(6)(e)), as well as an agreement to arbitrate (See Section C) that requires you to submit any Disputes you have with the Company, its affiliated companies, and certain third parties to binding and final arbitration. Please review this Agreement carefully before agreeing to it.
A. APPLICATION
The information provided to the Company during the application process to become a Direct Seller (including, in connection with an Individual Direct Seller Account, the required Direct Seller owner and Spouse (if applicable) information, and in connection with a Business Entity Direct Seller Account, the required Business Entity, Primary Participant, and other Participant information) (collectively, the “Application”) is incorporated herein by reference upon its acceptance by the Company.
B. TERMS AND CONDITIONS FOR PARTICIPATING AS A DIRECT SELLER
1. RIGHT TO MARKET NU SKIN PRODUCTS, REFER AND REGISTER CUSTOMERS, AND SPONSOR NEW DIRECT SELLERS
Subject to the terms and conditions of the Contract, the Company grants you the right to be a “Direct Seller” in India, authorized to: (a) buy Nu Skin Products from the Company for personal consumption and for resale in India; (b) market and sell Nu Skin Products in India through person-to-person sales and earn retail profit on such sales; (c) refer and register Customers in India with the Company to allow them to purchase Nu Skin Products directly from the Company; (d) cause their Direct Seller Account to sponsor other Direct Sellers in India, and (e) have a Beneficial Interest in Your Direct Seller Account. Customers you refer are registered to Your Direct Seller Account, and Direct Sellers you register are sponsored by Your Direct Seller Account.
2. PURCHASE OF PRODUCTS
The Company will offer to you, as an independent contractor, Nu Skin Products for purchase in India on the terms set forth in the Contract. You have the right to purchase Nu Skin Products at the prices stated by the Company and agree that the Company may change Nu Skin Product prices without prior notice. You further agree that the Company shall have sole discretion regarding the products the Company will offer and sell in India under the Nu Skin Brands. You agree the Company may change the products the Company offers and sells in India under the Nu Skin Brands without prior notice.
3. INDEPENDENT CONTRACTOR
You acknowledge and agree that as a Direct Seller, you are an independent contractor of the Company. As an independent contractor, you will:
- Be self-employed and have and maintain control of the manner and means of your performance as a Direct Seller, including determining, in your sole discretion, when you work and the number of hours you work;
- Be the owner of or a Participant in a Direct Seller Account that will earn compensation based on the sale of Nu Skin Products not on the number of hours you work;
- Be subject to entrepreneurial risk and be responsible for all losses that you incur as a Direct Seller;
- Be responsible for obtaining a Permanent Account Number (PAN);
- Be responsible for paying your own license fees and any insurance premiums;
- Be responsible for all costs of business, including, but not limited to, travel, entertainment, meals, lodging, office, clerical, legal, equipment, accounting, and general expenses, without advances, reimbursement, or guarantee from Nu Skin;
- Not be treated as an employee for central or state tax purposes, unemployment purposes, or any other purposes (and you agree that you will not claim that you are an employee of the Company or any of the other NSE Companies or make claims for unemployment or any other employee rights or benefits); and
- Be responsible for paying any self-employment taxes required by central, state, and local laws, statutes, and regulations.
You further acknowledge and agree that you are not an employee, agent, or legal representative of the Company or any of the other NSE Companies and, except as permitted by the Contract, you are not authorized to act on behalf of the Company or any of the other NSE Companies. Nothing in the Contract is intended to create, nor will be deemed to constitute, a partnership, agency, employer-employee, franchisor-franchisee, or a joint venture relationship between the Company or any of the other NSE Companies and you.
4. DIRECT SELLING OBLIGATIONS
You understand and agree that you are responsible for complying with all applicable direct selling laws, regulations, and guidelines, including but not limited to the Consumer Protection (Direct Selling) Rules, 2021, as amended (the “Direct Selling Rules”), the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, and all applicable regulations and guidelines that are currently in effect or that may be adopted by Indian regulatory authorities from time to time.
(a) Among these requirements, you specifically agree that you will:
(i) At the start of any sales presentation, truthfully and clearly identify yourself, disclose that you are a Direct Seller of the Company, and disclose the address of your place of business, the nature of goods or services sold, and the purpose of such solicitation to the customer;
(ii) Make an offer to sell to the customer by providing accurate and complete information, a demonstration of goods and services, prices, credit terms, terms of payment, return, exchange, and refund policies, terms of guarantee and after-sale service;
(iii) Provide an order form to the customer at or prior to the time of the initial sale. You understand that the order form must identify the Company as the direct selling entity and you as the Direct Seller, and shall contain your name, address, contact number, registration number, and identity proof issued to you by the Company, a complete description of the goods or services to be supplied, the country of origin of the goods, the order date, the total amount to be paid by the customer, the time and place for inspection of the sample and delivery of goods, the customer's rights to cancel the order or to return any Nu Skin Products in saleable and marketable condition for a full refund of amounts paid in accordance with the Company’s return policy, and complete details regarding the complaint redressal mechanism of the Company;
(iv) Obtain goods and service tax registration, Permanent Account Number registration, and all applicable trade registrations and licenses whenever applicable;
(v) Comply with the requirements of applicable laws, rules, and regulations for sale of a product;
(vi) Ensure that the actual Nu Skin Product delivered to the customer matches with the description of the Nu Skin Product ordered; and
(vii) Take appropriate steps to ensure the protection of all sensitive or other personal information provided by the customer in accordance with applicable laws and ensure adequate safeguards to prevent access to or misuse of such data by unauthorized Persons.
(b) You further agree that you will NOT:
(i) Visit a customer's premises without your identity card issued by the Company, without a prior appointment, or without the customer’s consent;
(ii) Provide any literature to a customer that has not been approved by the Company;
(iii) Use any misleading, deceptive, or unfair trade practices during the sale or otherwise;
(iv) Require a customer to purchase any literature or sales demonstration equipment;
(v) Make any claim that is not consistent with claims authorized by the Company;
(vi) Conduct fraudulent sales activities, make false or misleading representations, or engage in any other form of fraud, coercion, harassment, or unconscionable or unlawful activities;
(vii) Indulge in mis-selling of Nu Skin Products to customers, as defined in the Direct Selling Rules;
(viii) Refuse to take back spurious goods or deficient services and refund the consideration paid for the goods and services provided;
(ix) Charge any entry fee or subscription fee to any individual;
(x) Induce customers to make a purchase based upon the representation that they can reduce or recover the price by referring customers to you for similar purchases; and
(xi) Promote or participate in a pyramid scheme and/or money circulation scheme or enrol any Person to such schemes.
5. MARKETING OF PRODUCTS AND SERVICES
(a) You understand that there are no minimum purchases or inventory requirements. You are not required to purchase any Nu Skin Products or materials to be a Direct Seller. You will promote the retail sale of Nu Skin Products in accordance with the terms and conditions of the Contract.
(b) You agree not to make any claims about Nu Skin Products unless such claims are contained on Company product labels or in official Company literature. You will not make any claims about the Sales Performance Plan unless such claims are contained in official literature of the Company.
(c) You will not purchase more Nu Skin Products than you can use or sell within a reasonable period, and you will not purchase any Nu Skin Products solely for the purpose of qualifying for Bonuses. You agree and represent to Nu Skin that, prior to placing a subsequent product order, you have sold or consumed at least 80% of the Nu Skin Products from any previous orders and have sold and documented sales to at least 5 Customers in the previous month.
(d) You agree that part of the consideration for the payment of Bonuses to Your Direct Seller Account and for the recognition of you and/or Your Direct Seller Account is based on your agreement to spend considerable time to (i) support, train, encourage, supervise, and assist Your Team in its efforts to sell Nu Skin Products to Customers, (ii) personally sell Nu Skin Products, and (iii) generally promote the Nu Skin brand.
(e) You are only authorized to sell Nu Skin Products as per the terms of the Contract. You understand and agree you are not authorized to sell Nu Skin Products through any of the following mechanisms unless pre-approved by the Company in writing:
(i) Internet/online selling (e.g. e-commerce websites, any other websites, chat rooms, bulletin boards, or other similar services);
(ii) Retail outlets, including but not limited to shops, supermarkets, stalls, kiosks, and exhibitions; and
(iii) Any other form of sales channel which is not in accordance with the Contract or applicable law.
6. REFUNDS
Subject to the terms of the Company’s refund policy, which may be amended from time to time, all unopened, resalable Nu Skin Products are eligible for a 100% refund if returned within 30 days of the order date, an 80% refund if returned within 31-60 days of the order date (20% restocking fee), or a 75% refund if returned within 61-90 days of the order date (a 25% restocking fee), in each case less applicable Bonuses or rebates paid on such product purchases. Please view the most current refund policy online at nuskin.com/India.
7. BONUS CHECK DIRECT DEPOSIT
(a) You agree that the Company will make payment of all Bonuses earned under the Sales Performance Plan by Your Direct Seller Account, and any special cash incentives earned by Your Direct Seller Account, by direct deposit to the bank account designated by the owner of an Individual Direct Seller Account or the Primary Participant of a Business Entity Direct Seller Account. You understand that the Company’s obligation to pay Bonuses and any special cash incentives to a Direct Seller Account is contingent on the owner of an Individual Direct Seller Account or the Primary Participant of a Business Entity Direct Seller Account providing the Company timely and accurate banking or other required payment information, as well as any required tax ID numbers. Payment of any Bonuses is further subject to the terms and conditions of the Policies and Procedures. Payment of any special cash incentives is subject to any applicable terms and conditions pursuant to which such special cash incentives are earned.
(b) You expressly authorize the Company to deposit the payment of any Bonuses and special cash incentives to Your Direct Seller Account to the bank account designated by the owner of an Individual Direct Seller Account or the Primary Participant of a Business Entity Direct Seller Account. This authorization will remain in full force and effect until (i) the Company has received written notice from the owner of an Individual Direct Seller Account or the Primary Participant of a Business Entity Direct Seller Account of changes to direct deposit information in accordance with the process established by the Company, and (ii) the Company has reasonable opportunity to implement such changes. You understand that this authorization replaces any previous authorization and will remain in effect until the Company receives updated direct deposit information from the owner of an Individual Direct Seller Account or the Primary Participant of a Business Entity Direct Seller Account.
(c) You agree that the owner of an Individual Direct Seller Account or the Primary Participant of a Business Entity Direct Seller Account must notify the Company immediately (i) prior to changing or closing the account designated for direct deposits, or (ii) if the financial institution changes the routing number or account number of the account designated for direct deposits. You understand that failure of the owner of an Individual Direct Seller Account or the Primary Participant of a Business Entity Direct Seller Account to notify the Company of account number changes may delay receipt of Bonuses or special cash incentives payable to Your Direct Seller Account.
8. ANTI-CORRUPTION AND SANCTIONS
(a) You acknowledge that you have read and understand the Company’s Global Anti-Bribery and Anti-Corruption Policy (the “Anti-Corruption Policy”), as provided below, and you agree to comply with the Anti-Corruption Policy and all applicable local and international anti-corruption laws, including without limitation the U.S. Foreign Corrupt Practices Act of 1977 (as amended) (the “FCPA”):
“The Company prohibits bribery and other corrupt conduct in any form. Bribery, kickbacks, and other improper inducements provided to or received from Government Officials (as such term is defined in the FCPA) and others in the commercial marketplace such as customers, competitors, suppliers, and non-employee sales representatives are prohibited. It is a violation of this Global Anti-Bribery and Anti-Corruption Policy to promise, offer, give, or authorize, directly or indirectly, anything of value to improperly influence any act or decision to obtain or retain business or to secure any improper advantage for the Company or any of the other NSE Companies.”
You agree that you will not, directly or indirectly (that is, through any agent or representative), give or promise to give anything of value, including any gift, to any Government Official with the purpose of influencing the acts or decisions of any Government Official with regard to your status or business as a Direct Seller under this Contract or the Company’s business or Nu Skin Products.
(b) You represent, warrant, and covenant that:
(i) You are not a citizen of or normally resident in any country, territory, or region subject to an active U.S. Sanctions Program (https://ofac.treasury.gov/sanctions-programs-and-country-information) (each, a “Sanctioned Territory”);
(ii) You do not conduct business in any Sanctioned Territory, and no company with which you are affiliated is organized under the laws of or conducts business in any Sanctioned Territory;
(iii) You are not included on the Specially Designated Nationals And Blocked Persons List (https://sanctionslist.ofac.treas.gov/Home/SdnList); and
(iv) If any change occurs as to your representation and warranty in this Section 8(b)(i) – (iii), you will notify the Company immediately and cooperate to the fullest extent with the Company in addressing or resolving any issues arising from such change in status.
9. COOLING OFF PERIOD
You are provided with a 30-day cooling-off period from the date you enter into this Agreement. “The Withdrawal Period/Cooling Off Period” means the period of time during which you can resign/terminate this Agreement and seek a full refund for any purchases made during this period under the terms of Nu Skin’s refund policy. See Section D(4)(b) for more information on how to exercise your right to withdraw.
10. TERM AND TERMINATION
(a) The Contract will remain in effect unless terminated by either of the Parties as set forth in the Contract.
(b) The Contract may be terminated by you at any time by providing written notice to the Company.
(c) The Contract may be terminated by the Company at the Company’s discretion if you cease conducting direct selling activities for a period of six consecutive months or as otherwise set forth in the Contract.
(d) Without limiting the foregoing, you acknowledge that the Company can immediately terminate the Contract if the Company has reasonable grounds to believe that you have:
(i) Provided any incorrect information regarding your eligibility to be a Direct Seller for the Company, at the time of joining or thereafter;
(ii) Made any misrepresentation, in any manner, about the Company’s business or the Nu Skin Products;
(iii) Failed to pay any payment obligations to the Company in a timely manner;
(iv) Been involved in any act or omission that discredits the Company’s or the other NSE Companies’ businesses, brand names, or products, regardless of where such act occurred and whether or not you were acting as a Direct Seller of the Company at the time;
(v) Breached any of the terms and conditions of the Contract, or any applicable laws, including without limitation the Direct Selling Rules; or
(vi) Violated the Company’s Anti-Corruption Policy or any applicable local or international anti-corruption laws, including without limitation the FCPA, or you have breached any of your representations, warranties, and/or covenants in Section 8(b) of this Agreement relating to any active U.S. Sanctions Program.
Upon termination of your status as a Direct Seller and/or Your Direct Seller Account, you will lose all benefits as a Direct Seller, including any access to Your Direct Seller Account, Group, or Team, any sales generated by your Group, Team, or Direct Seller Account (as applicable), and any Bonuses (see the Nu Skin India Sales Performance Plan).
C. AGREEMENT TO MANDATORY AND BINDING ARBITRATION
(a) YOU AGREE THAT ANY “DISPUTE” (AS THE TERM “DISPUTE” IS DEFINED IN THIS AGREEMENT TO MANDATORY AND BINDING ARBITRATION AND CHAPTER 7 OF THE “POLICIES AND PROCEDURES”) IS SUBJECT TO MANDATORY AND BINDING ARBITRATION, THAT DELHI, INDIA, WILL BE THE EXCLUSIVE VENUE FOR AND THE SEAT OF THE ARBITRATION, AND THAT THE RULES AND PROCEDURES FOR THE ARBITRATION PROCEEDING WILL BE THOSE RULES AND PROCEDURES SET FORTH IN CHAPTER 7 OF THE “POLICIES AND PROCEDURES,” WHICH CAN BE VIEWED ONLINE AT WWW.NUSKIN.COM/INDIA. YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH IN CHAPTER 7 OF THE “POLICIES AND PROCEDURES,” YOU ARE WAIVING ALL RIGHTS TO A TRIAL TO RESOLVE A “DISPUTE” AND AGREE THAT THE ARBITRATION AWARD IS FINAL AND THAT A JUDGMENT MAY BE ENTERED ON THE ARBITRATION AWARD BY A COURT OF PROPER JURISDICTION. YOU AGREE THAT ANY “DISPUTE” WILL BE RESOLVED AND SETTLED IN ARBITRATION IN ACCORDANCE WITH AND PURSUANT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO MANDATORY AND BINDING ARBITRATION AND CHAPTER 7 OF THE “POLICIES AND PROCEDURES” INCORPORATED BY REFERENCE HEREIN.
(b) A “DISPUTE” MEANS ANY AND ALL PAST, PRESENT, OR FUTURE CLAIMS, DISPUTES, CONTROVERSIES, CAUSES OF ACTION, OR COMPLAINTS, WHETHER BASED IN CONTRACT, TORT, STATUTE, LAW, PRODUCT LIABILITY, EQUITY, OR ANY OTHER CAUSE OF ACTION OR BASIS OR THEORY OF LIABILITY, (A) ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATED TO THE “CONTRACT” OR ANY “OTHER DIRECT SELLER ACCOUNT CONTRACT,” OR ANY ALLEGED BREACH THEREOF, (B) BETWEEN OTHER PAST OR PRESENT “DIRECT SELLERS” AND YOU OR YOUR SUCCESSORS OR ASSIGNS ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATED TO YOUR PAST OR PRESENT “DIRECT SELLER ACCOUNT” OR ANY OTHER “DIRECT SELLER ACCOUNT” (INCLUDING A “DIRECT SELLER ACCOUNT” FOR WHICH YOU ARE OR WERE A “PARTICIPANT” OR HAVE OR HAD A “BENEFICIAL INTEREST”), OR YOUR BUSINESS RELATIONSHIPS AS INDEPENDENT CONTRACTORS OF ONE OR MORE OF THE “NSE COMPANIES” (EACH SUCH OTHER PAST OR PRESENT “DIRECT SELLER” AND EACH OF THE “NSE COMPANIES” NOT A PARTY TO THIS “AGREEMENT” SHALL BE A THIRD-PARTY BENEFICIARY OF THIS AGREEMENT TO MANDATORY AND BINDING ARBITRATION), (C) BETWEEN ANY OF THE “NSE COMPANIES” AND YOU OR YOUR SUCCESSORS OR ASSIGNS, (D) THAT IS IN ANY WAY CONNECTED WITH OR RELATED TO ANY OF THE “NSE COMPANIES” OR ANY OF THEIR PAST OR PRESENT AFFILIATED ENTITIES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INVESTORS, OR VENDORS (EACH OF THE PAST OR PRESENT AFFILIATED ENTITIES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INVESTORS, AND VENDORS OF EACH OF THE “NSE COMPANIES” NOT A PARTY TO THIS “AGREEMENT” SHALL BE A THIRD-PARTY BENEFICIARY OF THIS AGREEMENT TO MANDATORY AND BINDING ARBITRATION), (E) ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATED TO “NU SKIN PRODUCTS” OR OTHER PRODUCTS OR SERVICES OF THE “NSE COMPANIES,” (F) REGARDING ANY INVESTIGATIONS, DECISIONS, ACTIONS, OR INACTIONS OF ANY OF THE “NSE COMPANIES” THAT IMPACTED OR IMPACTS YOUR PAST OR PRESENT “DIRECT SELLER ACCOUNT” OR A “DIRECT SELLER ACCOUNT” FOR WHICH YOU ARE OR WERE A “PARTICIPANT” OR HAVE OR HAD A “BENEFICIAL INTEREST,” OR (G) THAT ARISES OUT OF OR IS RELATED TO THE BUSINESS OF ANY OF THE “NSE COMPANIES,” INCLUDING, WITHOUT LIMITATION, ANY DISAGREEMENT WITH THE DISCIPLINARY ACTIONS OF ANY OF THE “NSE COMPANIES” OR INTERPRETATIONS OF THE “CONTRACT” OR ANY “OTHER DIRECT SELLER ACCOUNT CONTRACT” BY ANY OF THE “NSE COMPANIES.” NOTHING IN THIS DEFINITION OF “DISPUTE” IS INTENDED TO, NOR SHALL IT BE INTERPRETED TO, PERMIT ADJUDICATION IN ARBITRATION OF ANY DISPUTE AS A CLASS ACTION OR REPRESENTATIVE ACTION. “NSE COMPANIES” MEANS COLLECTIVELY NU SKIN ENTERPRISES, INC. AND EACH OF ITS DIRECT AND INDIRECT SUBSIDIARIES AND AFFILIATED COMPANIES, INCLUDING BUT NOT LIMITED TO NU SKIN INDIA PRIVATE LIMITED AND RHYZ INDIA PRIVATE LIMITED.
(c) YOU AGREE THAT NO “DISPUTE” WILL BE ADJUDICATED IN ARBITRATION AS A CLASS OR REPRESENTATIVE ACTION. YOU AGREE THAT YOU WILL NOT ASSERT IN ARBITRATION A CLASS OR REPRESENTATIVE ACTION TO RESOLVE A “DISPUTE” AND THAT YOU WILL SUBMIT IN THE ARBITRATION OF A “DISPUTE” ONLY YOUR INDIVIDUAL CLAIMS AND YOU WILL NOT SEEK TO REPRESENT THE INTERESTS OF, OR TO ASSERT CLAIMS AS THE REPRESENTATIVE OF, ANY OTHER “PERSON.”
(d) YOU AGREE TO ACCEPT AND BE BOUND BY THIS AGREEMENT TO MANDATORY AND BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT THE “COMPANY” IS RELYING ON YOUR AGREEMENT TO THIS AGREEMENT TO MANDATORY AND BINDING ARBITRATION IN AUTHORIZING YOU TO CONDUCT “BUSINESS ACTIVITIES” AS A “DIRECT SELLER,” AND THAT ABSENT SUCH AGREEMENT YOU WOULD NOT BE ALLOWED BY THE “COMPANY” TO BECOME A “DIRECT SELLER.” EACH OF YOUR “BUSINESS ACTIVITIES” AS A “DIRECT SELLER,” INCLUDING, WITHOUT LIMITATION, YOUR RECEIPT OF A “BONUS” OR THE RECEIPT OF A “BONUS” BY THE “DIRECT SELLER ACCOUNT” FOR WHICH YOU ARE A “PARTICIPANT,” IS AN AFFIRMATION AND RATIFICATION BY YOU OF YOUR AGREEMENT TO THIS AGREEMENT TO MANDATORY AND BINDING ARBITRATION.
(e) IN THE EVENT OF ANY DIRECT CONFLICT IN THE TERMS OR CONDITIONS OF THE AGREEMENT TO MANDATORY AND BINDING ARBITRATION IN THIS “AGREEMENT” AND ANY OTHER ARBITRATION AGREEMENT APPLICABLE TO THE SAME CLAIMS, DISPUTES, CONTROVERSIES, CAUSES OF ACTION, OR COMPLAINTS BETWEEN THE “COMPANY” OR ANOTHER OF THE “NSE COMPANIES” AND YOU, INCLUDING, WITHOUT LIMITATION, ANY TERMS OF USE AGREEMENT REGARDING THE USE OF ANY SOFTWARE PROVIDED BY THE “COMPANY” OR ANOTHER OF THE “NSE COMPANIES” OR ACCESS TO ANY WEBSITE OR PLATFORM HOSTED OR PROVIDED BY THE “COMPANY” OR ANOTHER OF THE “NSE COMPANIES” OR THE TERMS AND CONDITIONS OF THE ARBITRATION AGREEMENT IN CHAPTER 7 OF THE “POLICIES AND PROCEDURES,” THE TERMS AND CONDITIONS OF THE ARBITRATION AGREEMENT IN CHAPTER 7 OF THE “POLICIES AND PROCEDURES” SHALL SUPERSEDE AND REPLACE THE DIRECTLY CONFLICTING TERMS AND CONDITIONS OF SUCH OTHER ARBITRATION AGREEMENTS APPLICABLE TO THE SAME CLAIMS, DISPUTES, CONTROVERSIES, CAUSES OF ACTION, OR COMPLAINTS BETWEEN THE “COMPANY” OR ANOTHER OF THE “NSE COMPANIES” AND YOU, BUT ONLY FOR SUCH CLAIMS, DISPUTES, CONTROVERSIES, CAUSES OF ACTION, OR COMPLAINTS.
(f) THIS AGREEMENT TO MANDATORY AND BINDING ARBITRATION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THE CONTRACT OR ANY OTHER AGREEMENT BETWEEN YOU AND THE COMPANY.
D. MISCELLANEOUS PROVISIONS—COMPANY RESERVATION OF RIGHTS, REPRESENTATIONS AND WARRANTIES; PERSONAL INFORMATION; ACCEPTANCE; INDEMNITY; WAIVERS OF CONSEQUENTIAL, INDIRECT, AND PUNITIVE DAMAGES; AND LIMITATION OF LIABILITY
1. COMPANY RESERVATIONS OF RIGHTS
(a) Sales to Unaffiliated Customers. The Company reserves the right of Company and the other NSE Companies to make sales to Customers who (i) purchase Nu Skin Products and/or other products or services directly from the Company or any of the other NSE Companies on Company Sites, other than through a Nu Skin Program (as such term is defined below), and (ii) have not been registered as the Customer of a Direct Seller Account or, if registered as the Customer of a Direct Seller Account, complete such purchases (A) through a new Customer account as a registered Customer of Nu Skin or another of the NSE Companies, (B) through guest checkout, or (C) otherwise without logging in to their Customer account registered to a Direct Seller Account (each, an “Unaffiliated Customer”). In connection with the first sale by the Company or any of the other NSE Companies to an Unaffiliated Customer, the Company or such other of the NSE Companies making the sale will give the Unaffiliated Customer the option of consenting to be contacted by a Direct Seller (the “Leads Pool Opt-In"). If the Unaffiliated Customer consents to be contacted by a Direct Seller, the Company or such other of the NSE Companies making the sale will provide the Unaffiliated Customer’s contact information to a Direct Seller Account selected by one of the NSE Companies in its discretion from the appropriate leads pool Direct Seller Account. The Company and the other NSE Companies are not obligated to pay retail profit, Bonuses, or compensation of any kind under the Contract or otherwise to any Direct Seller Account on the first sale to an Unaffiliated Customer or, if the Unaffiliated Customer does not consent to be contacted by a Direct Seller, on any future sales to that Unaffiliated Customer.
(b) Sales Through Online Marketplaces and Other Nu Skin Programs. In addition to the rights reserved in Section D(1)(a) of this Agreement, the Company reserves the right of the Company and the other NSE Companies to sell Nu Skin Products and other products and services, either directly or through third parties, to any Persons in any and all markets through various Nu Skin initiatives (the “Nu Skin Programs”) without being obligated to pay retail profit, Bonuses, or any compensation of any kind under the Contract or otherwise to any Direct Seller Account on such sales. The general right set forth in this Section D(1)(b) shall include, but not be limited to, the right of the Company and the other NSE Companies (i) to sell, either directly or through third parties, Nu Skin Products through online marketplaces such as Amazon, (ii) to make sales of Nu Skin Products to Persons referred to Company Sites to purchase such products by Influencers (as such term is defined below), and (iii) to make sales of Nu Skin Products on Company Sites to Persons attracted or directed to Company Sites by any Company Advertising. If a purchase generated by a Nu Skin Program is concluded through a Company Site, Nu Skin may, in its sole discretion, provide such Customer with a Leads-Pool Opt-In, provided, however, that the same process and restrictions with respect to such leads pool as set forth in Section D(1)(a) above shall apply.
The Company may, in its sole discretion, implement temporary promotional programs from time to time to share a portion of the retail profit, if any, generated on sales of Nu Skin Products by the Company and/or the other NSE Companies to Unaffiliated Customers and/or to Persons purchasing such products under one or more of the Nu Skin Programs. The duration of, rules and requirements for participating in, and any other terms and conditions applicable to any such temporary promotional program may vary and shall be set forth in the official rules for each such temporary promotional program.
Nothing in the Contract shall prohibit you or another Direct Seller from entering into a separate agreement with any of the NSE Companies or with any third-party vendor (including affiliate marketing platform vendors) of the NSE Companies, to the extent permitted by such NSE Company or third-party vendor in its sole discretion, to become an “Influencer” under a Nu Skin Program to promote the sale of Nu Skin Products and/or products or services offered or sold by one or more of the NSE Companies under brands, trade names, and trademarks other than the Nu Skin Brands by referring potential customers to purchase products on Company Sites through trackable shopping links. However, you will not, nor will any other Direct Seller, receive retail profit, Bonuses, or any compensation of any kind under the Contract on any such sales of Nu Skin Products or such other products or services of the NSE Companies made through such trackable shopping links by any of the NSE Companies to customers referred to Company Sites by you or any other Direct Seller as an Influencer. You will only receive compensation, if any, as provided in the separate agreement with that NSE Company or third-party vendor governing your activities as an Influencer. Further, the Contract does not govern your conduct or activities in the promotion of Nu Skin Products and/or other products or services of the NSE Companies as an Influencer, nor any obligations owed to you as an Influencer by any of the NSE Companies or their third-party vendors. Your conduct and activities as an Influencer in the promotion of Nu Skin Products and/or other products or services of the NSE Companies and any obligations owed to you as an Influencer by any of the NSE Companies or their third-party vendors, is governed by the separate agreement between you and that NSE Company and/or its third-party vendor engaging you as an Influencer. Notwithstanding the foregoing, you shall comply with, and be subject to, the provisions of Chapter 3 of the Policies and Procedures regarding the marketing of Nu Skin Products, as well as any guidelines governing the marketing and online promotion and selling of Nu Skin Products applicable to you as a Direct Seller, whenever you promote Nu Skin Products, even if such promotion is done by you in your capacity as an Influencer under a Nu Skin Program unless and to the extent your agreement to be an Influencer expressly states otherwise.
(c) Sales by the NSE Companies of Products Under Different Brands and Trademarks. You understand and agree that the Contract provides you the right to purchase, market, and sell Nu Skin Products and that you have no right under the Contract to (i) purchase, market, or sell any products or services (other than Nu Skin Products) offered or sold by any of the NSE Companies, or (ii) purchase, market, or sell products or services offered or sold by any of the NSE Companies under brands, trade names, or trademarks other than the Nu Skin Brands. You understand and agree that the NSE Companies reserve the right to sell through one or more of the NSE Companies products and services offered or sold under brands, trade names, and trademarks other than the Nu Skin Brands, including products and services that may be similar to and may compete with Nu Skin Products in the health, beauty, and wellness marketplace. You understand and agree that the NSE Companies reserve the right to offer and sell such products and services through distribution channels other than the Network and to sell such products and services using distribution methods other than multi-level marketing. Nothing in the Contract shall prohibit you or another Direct Seller from entering into a separate agreement with any of the NSE Companies, to the extent permitted by such NSE Company in its sole discretion, to offer or sell products or services of such NSE Company under any brands, trade names, or trademarks other than the Nu Skin Brands. However, you will not receive retail profit, Bonuses, or any compensation of any kind under the Contract on any sales by any of the NSE Companies of products or services sold under brands, trade names, or trademarks other than the Nu Skin Brands. You will only receive compensation, if any, as provided in the separate agreement with that NSE Company.
2. REPRESENTATIONS AND WARRANTIES
You represent and warrant to the Company that (a) you are authorized to enter this Agreement and the Contract and that you have met all legal requirements to enter into a valid contract in India; (b) when this Agreement is executed and delivered by you and accepted by the Company as described herein, this Agreement and the Contract constitute legal, valid, and binding obligations; (c) the information provided by you in the Application is accurate and complete and if you have provided any false or misleading information you authorize the Company, at its election, to declare this Agreement and the Contract void from their inception; (d) the Permanent Account Number provided in the Application is your correct taxpayer identification number for Indian income tax purposes; (e) if an individual, you are a citizen of India or a legal resident of India and are authorized to work in India, or if a Business Entity, you are formed in India, are legally formed under the laws of the state in which you were organized, and that each of your owners, partners, managers, or members has proper legal authorization to conduct business in India; and (f) if an individual, neither you nor your Spouse (nor, if a Business Entity, any Person who has a Beneficial Interest in or conducts any business for the Business Entity who is or should be listed as a Participant in the Business Entity Direct Seller Account) have been engaged in Business Activity in another Direct Seller Account in the six months (one year in the case of those having held a Brand Representative or an executive equivalent or higher Title under the Sales Performance Plan applicable to that Direct Seller Account) immediately preceding your signup under the Sponsor identified in the Application.
3. AUTHORIZATION TO TRANSFER PERSONAL INFORMATION
In order for the Company to provide support for Your Direct Seller Account, and to provide support for the commercial activities and interests of one or more of the NSE Companies both related and unrelated to Your Direct Seller Account, you authorize the Company to transfer and disclose personal and/or confidential information, which (a) you have provided to the Company in connection with Your Direct Seller Account or Your Team, or (b) that has been developed as a result of your activity as a Direct Seller, to (i) the NSE Companies wherever located, (ii) service providers of the NSE Companies, (iii) your independent upline and downline Direct Sellers when the Company determines it is appropriate, and (iv) applicable government agencies or regulatory bodies if required by law. You further authorize (A) the Company to use your personal information (including your image) for Direct Seller recognition, marketing materials, and Nu Skin Business Support Materials and Services unless you request in writing that the Company stop doing so (note, it may take up to 30 days to process your request and will not affect publications already in circulation), (B) the Company to use your personal information to the extent relevant to any claims or defences in any dispute (whether or not a “Dispute” as defined in the Contract), and (C) the NSE Companies to use your personal information described above to provide support for the commercial activities and interests of one or more of the NSE Companies both related and unrelated to Your Direct Seller Account. You further understand and agree that any other use or disclosure of your personal information will be governed by the Nu Skin Global Privacy Notice, including the Addendum for India, as it may be amended from time to time. The Nu Skin Global Privacy Notice, including the Addendum for India, may be viewed here.
4. ACCEPTANCE OF THE CONTRACT
(a) This Agreement shall be deemed accepted by the Company upon completion of the following: (i) you have completed the Application and agreed to the terms of the Contract, either in writing or electronically, and (ii) a Direct Seller Account is created for you in the Nu Skin Systems based on the Application or you are identified in the Nu Skin Systems as a Participant in a Direct Seller Account based on the Application.
(b) A right to withdraw from this Agreement and the Contract within 30 working days from the date of joining (“Withdrawal Period/Cooling Off Period”), without penalty and without giving any reasons, exists. Notice of intention to withdraw must be given to the Company in writing via e-mail at customersupport@nuskin.in. In the event you exercise the right to withdraw from this Agreement and the Contract during the Withdrawal Period/Cooling Off Period, you undertake to destroy all records and copies of the Company’s Sales Performance Plan previously provided to you, and you understand and agree that the Contract will be deemed to be invalidated, such that your appointment as a Direct Seller will be deemed never to have occurred. Failure to exercise the right to withdraw from the Contract within the Withdrawal Period/Cooling Off Period will result in the Contract being deemed accepted, along with all terms and conditions contained in this Agreement and the Contract.
(c) You understand that you may not engage in any activities as a Direct Seller unless and until the Contract is accepted by Nu Skin as set forth above.
5. CHANGES TO THE CONTRACT
The Company expressly reserves the right to make any modifications to this Agreement and the Contract upon 30 days’ notice by publication on the Company Sites, through normal channels of communication with Direct Sellers, or as provided in Chapter 10, Section 10 of the Policies and Procedures. You understand and agree that 30 days after such notice, any such modifications shall become effective and shall be automatically incorporated into the Contract between you and the Company as an effective and binding provision. By continuing to act as a Direct Seller, engaging in any Business Activity, or accepting any Bonuses or special incentives after such modifications have become effective, you acknowledge acceptance of the new Contract terms. The Company agrees that in making any claims or in taking any actions against you or any Direct Seller Account that was or is owned by you or in which you are or were a Participant for breach of the terms or conditions of the Contract, any of your conduct and any conduct for which you or any Direct Seller Account that was or is owned by you or in which you are or were a Participant is responsible that occurred prior to the effective date of a modification to the Contract will be judged by the terms and conditions of the Contract in effect at the time of the conduct. The Company and you agree that any dispute (whether or not a Dispute as defined in the Contract) between you and the Company or any of the other NSE Companies (whether commenced by you by filing a demand for arbitration as provided in Chapter 7 of the Policies and Procedures or a complaint, petition, or other pleading seeking relief in a civil legal action, or commenced by the Company by delivering notice of an alleged breach of the Contract or any Other Direct Seller Account Contract and action to be taken by the Company as provided in Chapter 6 of the Policies and Procedures, or by filing a demand for arbitration as provided in Chapter 7 of the Policies and Procedures, or by filing a complaint, petition, or other pleading seeking relief in a civil legal action) will be governed by and will be subject to the dispute resolution process (including the agreement to arbitrate Disputes, agreements not to file class or representative actions, and agreements as to choice of law, jurisdiction, and venue) and the remedies allowed for breaches of contractual or non-contractual duties (including waivers of damages, limitations of liability, and obligations to indemnify, defend or hold harmless) of the Contract in effect on the date of the commencement of the dispute as described herein above. Notwithstanding the foregoing sentence and as a limited exception to it, to the fullest extent permitted by law, modifications to the Contract pursuant to written notice as permitted in this Section D(5) that by their terms expand the damages that may be recovered from the Company or the other NSE Companies by a Direct Seller in the resolution of disputes (whether or not a Dispute as defined in the Contract) between the Direct Seller and the Company or the other NSE Companies shall be effective as to disputes that were commenced before the modifications became effective, were pending further proceedings, and had not been concluded at the time the modification became effective. Except as provided in the foregoing sentence, modifications of the Contract pursuant to written notice as permitted in this Section D(5) shall not be effective as to any disputes (whether or not a Dispute as defined in the Contract) between you and the Company or the other NSE Companies that were first commenced before the effective date of the modification.
6. INDEMNITY; WAIVERS OF CONSEQUENTIAL AND PUNITIVE DAMAGES; AND LIMITATION OF LIABILITY
(a) Indemnity
You agree to the fullest extent permitted by law to indemnify and hold harmless each of the NSE Companies (including without limitation Nu Skin India Private Limited) and each of their respective past and present affiliated companies, owners, officers, directors, employees, and agents (collectively, the “Nu Skin Beneficiaries”) from and against any claim, demand, liability, loss, action, causes of action, cost, or expense (including, but not limited to, reasonable attorney’s fees and litigation costs) of any kind, resulting or arising from, directly or indirectly, any acts or omissions by you, any Participant in a Direct Seller Account owned by you at the time of the act or omission, or any Participant in a Direct Seller Account in which you were a Participant at the time of the act or omission related in any way to conducting the Nu Skin Business, including without limitation breach of representations or warranties, breach of the Contract or other agreements between you and the NSE Companies, or any one of them, breach of any Other Direct Seller Account Contract, or actions or omissions that have caused or are alleged to have caused economic loss or injuries to persons or property, including bodily injuries and/or death.
This agreement to indemnify and hold harmless is intended to indemnify and hold harmless each of the Nu Skin Beneficiaries (i) from costs and expenses incurred by such Nu Skin Beneficiary in the absence of any claims being made against such Nu Skin Beneficiary or any of the other Nu Skin Beneficiaries, (ii) from claims made by you or any Persons claiming by, through, or under you against such Nu Skin Beneficiary, and (iii) from claims made by third parties against such Nu Skin Beneficiary, and with regard to such third-party claims you further agree to defend such Nu Skin Beneficiary against such claims at your expense. This agreement to indemnify and hold harmless is not intended to indemnify or hold harmless any Nu Skin Beneficiary to the extent the damages or loss are found in a final award, judgment, or order in an adjudication on the merits to have been caused by such Nu Skin Beneficiary’s own negligence or fault.
You further understand and agree that each Nu Skin Beneficiary reserves the right, at your expense, to assume the exclusive defence and control of any claims made by third parties for which you are required to indemnify such Nu Skin Beneficiary, and you agree to cooperate in such defence. You agree that you will not in any event settle any claim made against a Nu Skin Beneficiary for which you are required to indemnify such Nu Skin Beneficiary without the written consent of such Nu Skin Beneficiary.
Each of the Nu Skin Beneficiaries that is not a party to the Contract is a third-party beneficiary of this agreement to indemnify, defend, and hold harmless.
(b) Waiver of Consequential and Indirect Damages—Breach of Contract
The Company and you agree to waive any claim against the other, and against any of the past or present affiliated companies, owners, officers, directors, employees, or agents of the other, for recovery of any consequential or indirect damages caused by or relating to any breach of the Contract or any other agreement between the Company and you, including, without limitation, loss of personal or business reputation, loss of business opportunity, or loss of future revenue or income. This waiver does not waive your damages for loss of future revenue or income from the Company when such loss is determined to be a direct damage of the breach of contract. This waiver also does not waive the Company’s damages for loss of future revenue or income from you when such loss is determined to be a direct damage of the breach of contract. Subject to the Limitation of Liability of Section D(6)(e) of this Agreement, it is the intention of the Company and you that only direct damages may be recovered against a breaching party for a breach of the Contract or any other agreement between the Company and you. The past and present affiliated companies, owners, officers, directors, employees, and agents of the Company and you are third-party beneficiaries of this waiver of consequential and indirect damages.
(c) Waiver of Consequential and Indirect Damages—Breach of Non-Contractual Duties
With the exception of consequential or indirect damages found in a final award, judgment, or order in an adjudication on the merits to have been caused by gross negligence or intentional misconduct, the Company and you agree to waive any claim against the other, and against any of the past or present affiliated companies, owners, officers, directors, employees, or agents of the other, for recovery of any consequential or indirect damages caused by or relating to any breach of any non-contractual duty arising out of or from your past or present status (or the past or present status of any Participant in any past or present Direct Seller Account owned by you or any past or present Direct Seller Account for which you are or were a Participant) as a Direct Seller of the Company. It is the intention of the Company and you that, subject to the Limitation of Liability of Section D(6)(e) of this Agreement, (i) in addition to direct damages, consequential and indirect damages may be recovered against a breaching party for a breach of a non-contractual duty arising out of or from your past or present status (or the past or present status of any Participant in any past or present Direct Seller Account owned by you or any past or present Direct Seller Account for which you are or were a Participant) as a Direct Seller of the Company if the consequential and indirect damages are found to have been caused by gross negligence or intentional misconduct, and (ii) absent a finding that consequential or indirect damages were caused by gross negligence or intentional misconduct, recovery of consequential and indirect damages is waived and only direct damages may be recovered against a breaching party for the breach of a non-contractual duty arising out of or from your past or present status (or the past or present status of any Participant in any past or present Direct Seller Account owned by you or any past or present Direct Seller Account for which you are or were a Participant) as a Direct Seller of the Company. The past and present affiliated companies, owners, officers, directors, employees, and agents of the Company and you are third-party beneficiaries of this waiver of consequential and indirect damages.
(d) Waiver of Punitive Damages
The Company and you agree to waive any claim (whether based in contract, tort, products liability, statute, equity, or any other basis or theory of liability, and whether made in connection with a claim for economic loss, property damage, bodily injury, or death) against the other, or against any of the past or present affiliated companies, owners, officers, directors, employees, or agents of the other, for recovery of any punitive damages. The punitive damages waived shall not include a measure of damages (for example, treble damages) imposed by an applicable state or central statute for a violation of the statute, even if the specified measure of damages exceeds actual damages, and such damages shall be considered direct damages subject to the Limitation of Liability of Section D(6)(e) of this Agreement. The past and present affiliated companies, owners, officers, directors, employees, and agents of the Company and you are third-party beneficiaries of this waiver of punitive damages.
(e) LIMITATION OF LIABILITY OF THE NU SKIN BENEFICIARIES
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE AGGREGATE LIABILITY OF THE “NU SKIN BENEFICIARIES” TO YOU AND TO ANY PERSON OR ENTITY CLAIMING BY, THROUGH, OR UNDER YOU, FOR ANY CLAIMS OR CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATED TO THE “CONTRACT,” ANY “OTHER DIRECT SELLER ACCOUNT CONTRACT,” OR YOUR PAST OR PRESENT STATUS (OR THE PAST OR PRESENT STATUS OF ANY “PARTICIPANT” IN ANY PAST OR PRESENT “DIRECT SELLER ACCOUNT” OWNED BY YOU OR ANY PAST OR PRESENT “DIRECT SELLER ACCOUNT” FOR WHICH YOU ARE OR WERE A “PARTICIPANT”) AS A “DIRECT SELLER” OF THE “COMPANY” (THE “LIMITATION OF LIABILITY CLAIMS”), WILL BE LIMITED TO (THE “LIABILITY LIMIT”) THE GREATER OF:
(i) THE TOTAL AMOUNT OF ALL “BONUS AND SPECIAL CASH INCENTIVE INCOME” (AS DEFINED BELOW) RECEIVED BY YOU FOR THE “BUSINESS ACTIVITY” OF A PAST OR PRESENT “DIRECT SELLER ACCOUNT” OWNED BY YOU, A PAST OR PRESENT “DIRECT SELLER ACCOUNT” FOR WHICH YOU ARE OR WERE A “PARTICIPANT,” OR A PAST OR PRESENT “DIRECT SELLER ACCOUNT” IN WHICH YOU HAVE OR HAD A “COMPANY” APPROVED “BENEFICIAL INTEREST,” AND RECEIVED BY YOU DURING THE SIX FULL CALENDAR MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST WRITTEN ASSERTION OF A CLAIM OR CAUSE OF ACTION BY YOU OR ANY “PERSON” OR ENTITY CLAIMING BY, THROUGH, OR UNDER YOU AGAINST ONE OR MORE OF THE “NU SKIN BENEFICIARIES” THAT FORMS ANY PORTION OF THE BASIS FOR THE LIABILITY OF ANY ONE OR MORE OF THE “NU SKIN BENEFICIARIES” FOR ANY “LIMITATION OF LIABILITY CLAIMS,” OR
(ii) THE COST OF “NU SKIN PRODUCTS” THAT YOU OR ANY PAST OR PRESENT “DIRECT SELLER ACCOUNT” OWNED BY YOU OR IN WHICH YOU ARE OR WERE A “PARTICIPANT” HAVE PURCHASED FROM THE “COMPANY.”
THIS “LIABILITY LIMIT” SHALL APPLY REGARDLESS OF THE NATURE OF SUCH “LIMITATION OF LIABILITY CLAIMS,” INCLUDING BUT NOT LIMITED TO ANY CLAIMS OR CAUSES OF ACTION ARISING IN CONTRACT, TORT, PRODUCTS LIABILITY, STATUTE, EQUITY, OR ANY OTHER BASIS OR THEORY OF LIABILITY. YOU FURTHER AGREE THAT RECOVERY OF THE “LIABILITY LIMIT” WILL BE THE EXCLUSIVE REMEDY COLLECTIVELY OF YOU AND ANY “PERSON” OR ENTITY CLAIMING BY, THROUGH, OR UNDER YOU AGAINST THE “NU SKIN BENEFICIARIES,” OR ANY ONE OR MORE OF THEM, FOR ANY AND ALL “LIMITATION OF LIABILITY CLAIMS” IF LIABILITY IS ESTABLISHED AND THE AWARDED RECOVERABLE DAMAGES EXCEED THE “LIABILITY LIMIT.”
EACH OF THE “NU SKIN BENEFICIARIES” NOT A “PARTY” TO THIS “CONTRACT” IS A THIRD-PARTY BENEFICIARY OF THIS AGREEMENT TO LIMITATION OF LIABILITY.
FOR PURPOSES OF THIS SECTION D(6)(e) AND THE “CONTRACT,” “BONUS AND SPECIAL CASH INCENTIVE INCOME” MEANS THE PORTION OF THE “BONUSES” AND ANY SPECIAL CASH INCENTIVES PAID BY THE “COMPANY” TO A PAST OR PRESENT “DIRECT SELLER ACCOUNT” OWNED BY YOU, A PAST OR PRESENT “DIRECT SELLER ACCOUNT” IN WHICH YOU ARE OR WERE A “PARTICIPANT,” OR A PAST OR PRESENT “DIRECT SELLER ACCOUNT” IN WHICH YOU HAVE OR HAD A “NU SKIN” APPROVED “BENEFICIAL INTEREST” THAT WAS RECEIVED BY YOU FOR YOUR “BUSINESS ACTIVITIES” AS A “DIRECT SELLER” FOR THE BENEFIT OF THAT “DIRECT SELLER ACCOUNT” AND THAT HAS BEEN OR WILL BE TREATED BY YOU AS INCOME (BEFORE THE DEDUCTION OF ANY EXPENSES) FOR TAX PURPOSES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “CONTRACT,” THIS AGREEMENT TO LIMITATION OF LIABILITY (A) SHALL NOT LIMIT THE LIABILITY OF THE “NU SKIN BENEFICIARIES” FOR ANY LIABILITY FOUND IN A FINAL AWARD, JUDGMENT, OR ORDER IN AN ADJUDICATION ON THE MERITS TO HAVE BEEN CAUSED BY THEIR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, AND (B) SHALL NOT LIMIT THE LIABILITY OF THE “COMPANY” TO INDEMNIFY AND DEFEND YOU PURSUANT TO THE TERMS OF SECTIONS 7.1 AND 7.2 (“PRODUCT LIABILITY CLAIMS AND INDEMNIFICATION”) OF CHAPTER 2 OF THE “POLICIES AND PROCEDURES.”
7. CHOICE OF LAW
The place of origin and acceptance of this Agreement and the Contract is the National Capital Territory of Delhi, India. This Agreement and the Contract shall be governed by, construed in accordance with, and interpreted pursuant to the substantive laws of the National Capital Territory of Delhi, India, without giving effect to its rules regarding choice of laws, provided, however, the Agreement to Mandatory and Binding Arbitration in Section C of this Agreement shall be governed by the rules of the Delhi International Arbitration Centre, Delhi High Court.
8. CHOICE OF VENUE
The agreed exclusive venue for the arbitration of any Dispute is in Delhi, India, as provided in Paragraph C(1) of the Agreement to Mandatory and Binding Arbitration. It is further agreed that for any Dispute that is not submitted to arbitration for any reason whatsoever (including, without limitation, the unenforceability of the Agreement to Mandatory and Binding Arbitration or the waiver of the Agreement to Mandatory and Binding Arbitration) and that for any claims, disputes, controversies, causes of action, or complaints between you or any Person claiming by, through, or under you and any of the NSE Companies that is not a Dispute and that arises out of or is in any way connected with or related to the Contract or your past or present status (or the past or present status of any Participant in any past or present Direct Seller Agreement owned by you or any past or present Direct Seller Account for which you are or were a Participant) as an independent contractor and Direct Seller of the Company, including but not limited to, any claims or causes of action arising in contract, tort, products liability, statute, equity, or any other basis or theory of liability, the exclusive venue will be in a court of proper jurisdiction in Delhi, India. You consent to personal jurisdiction of courts within Delhi, India, to adjudicate such matters, and you waive any objection to improper venue.
9. WAIVER OF CLASS AND REPRESENTATIVE ACTIONS
You waive any right to assert as a class or representative action any claims, disputes, controversies, causes of action, or complaints between you or any Person claiming by, through, or under you, and any of the NSE Companies, whether or not a Dispute, that is adjudicated in any central or state court and that arises out of or is in any way connected with or related to the Contract or your past or present status (or the past or present status of any Participant in any past or present Direct Seller Account owned by you or any past or present Direct Seller Account for which you are or were a Participant) as an independent contractor and Direct Seller of the Company, including but not limited to, any claims or causes of action arising in contract, tort, products liability, statute, equity, or any other basis or theory of liability. You agree that you will not assert in central or state courts a class or representative action to resolve such claims, disputes, controversies, causes of action or complaints, agree that you will submit to the central or state courts only your individual claims, and you agree that you will not seek to represent the interests of, or to assert claims as the representative of, any other Person.
10. ENGLISH AS PREVAILING LANGUAGE
The English language version of this Agreement and the Contract shall be controlling in all respects and shall prevail in case of any inconsistencies between the English version of this Agreement and any other portion of the Contract and any translated version of this Agreement or any other portion of the Contract. Any translation of this Agreement or any other portion of the Contract in any other language is provided as a courtesy only.
11. SEVERABILITY
Any provision of this Agreement or the Contract that is prohibited, judicially invalidated, or otherwise rendered unenforceable in any jurisdiction is ineffective only to the extent of the prohibition, invalidation, or unenforceability, and only within that jurisdiction and any jurisdiction required to give full faith and credit to that prohibition, invalidation, or unenforceability. Any prohibited, judicially invalidated, or unenforceable provision of this Agreement or the Contract will not invalidate or render unenforceable any other provision of this Agreement or the Contract, nor will that provision of this Agreement or the Contract be invalidated or rendered unenforceable in any other jurisdiction not required to give full faith and credit to that prohibition, invalidation, or unenforceability.
12. THIRD-PARTY BENEFICIARY RIGHTS
Except as expressly stated in this Agreement, no Person who is not a party to this Agreement is intended to be a beneficiary of this Agreement, and no Person who is not a party or an expressed beneficiary of this Agreement shall have any right to enforce any provision of this Agreement.
13. SIGNING AND APPROVING THE AGREEMENT AND THE CONTRACT
You understand that the entire Contract is available for review at nuskin.com/india. You acknowledge and agree that you have previously reviewed the entire Contract (including the Policies and Procedures and other portions of the Contract incorporated by reference) and agree to be bound by the terms of this Agreement and the Contract. If you terminate the Contract in accordance with this Agreement or the Policies and Procedures within the next thirty (30) days, you will receive a refund for products and materials returned in accordance with this Agreement.
You understand that the purchase of any Nu Skin Products is optional and is not required to become a Direct Seller. You certify that you are 18 years old (21 years old in the State of Maharashtra) and legally able to enter into this Agreement and the Contract (which includes the Agreement to Binding and Mandatory Arbitration), and you agree to be bound by the terms and conditions of this Agreement and the Contract. If you are a Person entering into this Agreement and the Contract on behalf of a Business Entity, you certify that you are duly authorized to enter into this Agreement and the Contract on behalf of such Business Entity.
Whether you sign or accept this Agreement and the Contract electronically or in writing, you authorize Nu Skin to rely on that electronic acceptance or signature or that written signature as binding you to the terms of this Agreement and the Contract.
If you are entering into this Direct Seller Agreement online, you understand that by checking the box next to the acceptance language for the Direct Seller Agreement and the Policies and Procedures during the application and sign-up process, you are certifying that you have read, understand, and agree to this Agreement and the Contract.
If you are submitting a hard-copy Application and Direct Seller Agreement, please sign below:
Applicant Signature: ______________________________________________
Date: __________________________
Spouse Signature: _________________________________________________
Date: ___________________________
Business Entity Signature: _________________________________________
By its: _________________________________________
Date: _____________________________
IN Mandatory Orientation & Compliance Training
Version 1.2
Effective October 31st 2025
DownloadTable of Contents
Training
Please review each section below and check each of the boxes to confirm that (1) you have read, (2) you understand, and (3) you agree to comply with each.
Direct Selling Regulations
The direct selling industry is regulated by the Consumer Protection (Direct Selling) Rules, 2021, as amended in 2023, issued by the India Ministry of Consumer Affairs and adopted by various States (the “Direct Selling Regulations”). The points below are only a small summary of the requirements. You should read and familiarize yourself with the rules here. As a direct seller, among other things, you must abide by the following requirements:
- Nu Skin India does not require (and you should not require) a direct seller to pay any entry or registration fee, or annual renewal fee, and no product purchase is required to become a direct seller.
- Compensation is based only on product sales made by you and those you support; no compensation is to be paid for recruiting others.
- Before conducting any business activity, complete this training, complete the online enrollment application, sign a Direct Seller Agreement with Nu Skin India, become a registered direct seller in India, and save a copy of your direct selling ID card.
- Obtain all required licenses and certifications, including an FSSAI certificate, PAN registration, GST registration (when applicable), and comply with all applicable requirements of all applicable laws, rules, and regulations for the sale of products.
- Always carry your ID card when visiting a prospective customer or direct seller. Truthfully and clearly identify yourself and your connection with Nu Skin India, the purpose of the solicitation, and the nature of the goods and services sold. Provide accurate and complete explanations and demonstrations of goods and services, prices, credit terms, terms of payment, return, exchange, refund policies, terms of guarantee, and after-sale service.
- Keep a proper book of accounts stating the details of the products, price, tax, quantity, and other details in respect of the goods sold, in such form as required by applicable law. Never visit someone without an appointment or prior approval.
- Never visit someone without an appointment or prior approval.
- Never use or provide literature that has not been approved by the company.
- Never require a prospective customer or direct seller to purchase any product, literature or sales demonstration equipment.
- Never make any claim about a product or the income opportunity unless that claim is consistent with those that are authorized by the company.
You will acknowledge below that you have read, understand, and agree to abide by the requirements of the Direct Selling Regulations as summarized above and as more fully stated in the regulations themselves.
Food Safety and Standards Authority of India (FSSAI) Requirements
The Food Safety and Standards Authority of India requires that all Food Business Operators (FBOs) who handle food in any form, need to obtain a FSSAI license or registration. If you do not already have an FSSAI license or registration, click here to submit your application.
- Until you have fulfilled the necessary requirements, you will be ineligible to earn any future commissions, and your purchases of wellness products will be limited to a small amount that can be personally consumed.
- Once you have completed your FSSAI application, save a copy of your application confirmation number and provide it to the company during the enrollment process. If accepted, this will allow you to temporarily place orders and earn commissions while your application is pending. You are prohibited from selling wellness products at this stage.
- Once the temporary grace period ends, your ability to earn future commissions will be put entirely on hold and purchasing will be restricted until concrete proof of FSSAI registration is received.
- As soon as you receive your official FSSAI certificate, upload a copy to the company to unlock your ability to resume conducting business to earn commissions and place unrestricted orders.
You will acknowledge below that you have read, understand, and agree to the above enrollment conditions, and you understand and agree to abide by all applicable FSSAI requirements, including the completion of all required trainings, medical examinations, hygiene practices, and so on.
Policies & Procedures, Refunds and Returns, and Reporting Complaints
Nu Skin India Policies & Procedures are designed to protect consumers and to create a fair and equitable opportunity for all. Your agreement to these Policies & Procedures is required for you to conduct business with Nu Skin India. Among other things, the Policies & Procedures include the following:
- A cooling-off period, entitling you to receive a full refund in accordance with the terms of the refund policy if you choose to cancel your direct selling business for any reason within 30 days from your enrollment date.
- A generous returns policy, allowing all customers and direct sellers to return any unopened, resalable products for a 100% refund if returned within 30 days of the order date, an 80% refund if returned within 31-60 days of the order date (20% restocking fee), or a 75% refund if returned within 61-90 days of the order date (25% restocking fee), in each case less applicable bonuses or rebates paid on such product purchases.
- A grievance procedure, where customers, direct sellers, and any one else can go to file a complaint with Nu Skin India. We encourage everyone to promptly report any alleged violations of the Policies & Procedures or Direct Selling Regulations, to protect the goodwill and reputation of Nu Skin India and each of its direct sellers. Complaints should be reported by calling or emailing the Nu Skin India Grievance Officer at +91 120-7127177 or indiacompliance@nuskin.com.
You will acknowledge below that you have read, understand, and agree to the Nu Skin Policies & Procedures, including the returns policy and grievance redressal procedures, and you agree to inform each of my customers and direct sellers of the same.
Claims and Disclaimers Training
When sharing personal stories or experiences with others about the benefits of Nu Skin India products or the income opportunity, you are making a “claim”. Whenever you make a claim, including sharing your personal experience or results achieved, the following guidelines must be followed:
- All claims must be lawful, truthful, and not misleading.
- All claims must be substantiated in writing before the claims are actually made.
- All claims must be accompanied by appropriate disclaimers. If the claim is made verbally, the disclaimer should also be made verbally. If the claim is made on stage or in a video, the disclaimer must be legible and be presented in close proximity to the claim and must appear long enough for an average reader to read it completely.
You will acknowledge below that you have read, understood, and agree to the requirements regarding claims and disclaimers.
Enrollment Restrictions
The Direct Selling Regulations and other applicable laws limit who can become a direct seller in India. These requirements include the following:
- Only Indian-nationals and others who are eligible to work in India (e.g., having a valid business visa), and who complete the enrollment process and receive a direct selling ID card from the company, can operate as direct sellers in India.
- No person can apply to become a direct seller if they: (1) have been convicted of a crime, (2) have filed bankruptcy within the past 5 years, (3) are of an unsound mind, or (4) have a conflict of interest or any other relevant restrictions with their current employer.
You will acknowledge below that you have read, understood, and agree to the requirements regarding enrollments. You will be required to certify that you meet these requirements and will not attempt to enroll with anyone who does not meet these requirements.
By checking this box and completing this initial orientation and training, I am certifying that I have read, understood and agree to all the above, including but not limited to the following:
- I have read, understand, and agree to abide by the requirements of the Direct Selling Regulations as summarized above and as more fully stated in the regulations themselves.
- I have read, understood, and agree to the above enrollment conditions. I understand and agree to abide by all applicable FSSAI requirements, including the completion of all required training, medical examinations, hygiene practices, and so on.
- I have read, understood, and agree with the Nu Skin Policies & Procedures, including the returns policy and grievance redressal procedures, and I agree to inform each of my customers and direct sellers of the same.
- I have read, understood, and agree to the requirements regarding claims and disclaimers.
- I have read, understood, and agree to the requirements regarding enrollments. I hereby certify that I meet these requirements, and I will not attempt to enroll with anyone who does not meet these requirements.
IN Policies & Procedures
Version 1.0
Effective October 30th 2025
DownloadTable of Contents
POLICIES & PROCEDURES
November 1, 2025
Table of Contents
1.1 BECOMING A DIRECT SELLER
1.1.1 APPLYING TO BECOME A DIRECT SELLER
1.1.2 INDIVIDUAL DIRECT SELLER ACCOUNT
1.1.3 BUSINESS ENTITY DIRECT SELLER ACCOUNT
1.1.4 AGE REQUIREMENTS
1.1.5 LEGAL RESIDENCY
1.1.6 FORMER DIRECT SELLERS
1.1.7 SPOUSES
1.1.8 ACCEPTANCE OF YOUR DIRECT SELLER AGREEMENT
1.1.9 TAXPAYER IDENTIFICATION NUMBERS
1.1.10 CHANGING THE FORM OF A DIRECT SELLER ACCOUNT
1.1.11 MANDATORY TRAINING
1.2 PERSONAL INFORMATION
1.2.1 COLLECTION OF PERSONAL INFORMATION
1.2.2 AUTHORIZATION TO TRANSFER, DISCLOSE, AND USE YOUR PERSONAL AND/OR CONFIDENTIAL INFORMATION
1.3 MAINTAINING YOUR DIRECT SELLER ACCOUNT
1.3.1 KEEPING YOUR DIRECT SELLER ACCOUNT AND RELATED INFORMATION CURRENT
1.3.2 ADDING A NEW PARTICIPANT TO A DIRECT SELLER ACCOUNT
1.3.3 REMOVING AN EXISTING PARTICIPANT FROM A DIRECT SELLER ACCOUNT
1.3.4 STARTING A DIRECT SELLER ACCOUNT UNDER A NEW SPONSOR
1.3.5 A BENEFICIAL INTEREST IN ONE DIRECT SELLER ACCOUNT PER INDIVIDUAL
1.3.6 ACQUISITION OF BENEFICIAL INTEREST IN AND MERGER OF DIRECT SELLER ACCOUNTS
1.4 TRANSFERRING AND TERMINATING A DIRECT SELLER ACCOUNT
1.4.1 TRANSFERRING DIRECT SELLER ACCOUNTS
1.4.2 TRANSFERS UPON DEATH
1.4.3 DIVORCE
1.4.4 RIGHT TO TERMINATE DIRECT SELLER ACCOUNT
2.1 OBLIGATIONS AS A DIRECT SELLER—BUSINESS ETHICS
2.1.1 DSA CODE OF ETHICS
2.1.2 PURPOSE OF YOUR BUSINESS
2.1.3 BUSINESS ETHICS
2.1.4 COMPLIANCE WITH CONTRACT
2.1.5 COMPLIANCE WITH CODE OF ETHICS
2.1.6 NO FALSE OR MISLEADING CLAIMS
2.1.7 COMPLIANCE WITH LAWS AND REGULATIONS
2.1.8 NO INVENTORY LOADING
2.1.9 COUNSELING SOUND BUSINESS PRACTICES
2.1.10 HARASSMENT AND SEXUAL MISCONDUCT
2.1.11 NO CONTACT OF VENDORS OR SCIENTIFIC ADVISORY BOARD MEMBERS
2.1.12 ANTI-CORRUPTION
2.1.13 MAINTAINING NU SKIN’S REPUTATION
2.1.14 RECORDS REVIEW
2.2 INDEPENDENT CONTRACTOR
2.2.1 DIRECT SELLERS ARE INDEPENDENT CONTRACTORS
2.2.2 TAXES AND INDEMNIFICATION
2.2.3 NO AUTHORITY TO ACT ON BEHALF OF NU SKIN
2.2.4 DESIGNATION AS EMPLOYER PROHIBITED
2.3 ORDERING PRODUCTS OR SERVICES
2.3.1 ORDERING PRODUCTS
2.3.2 TRANSFER OF TITLE
2.3.3 INVENTORY
2.3.4 METHODS OF ORDERING
2.3.5 ISSUING CREDITS
2.3.6 PRICING AND PRODUCT CHANGES
2.3.7 SUBMITTING ORDERS IN THE NAME OF ANOTHER DIRECT SELLER
2.3.8 PAYMENTS WITHOUT SUFFICIENT FUNDS
2.3.9 USE OF ANOTHER INDIVIDUAL’S CREDIT CARD
2.3.10 RETAILING OF PRODUCTS
2.4 PRODUCT REFUNDS AND EXCHANGES
2.4.1 REFUND POLICY
2.4.2 EXCHANGE POLICY FOR PRODUCTS AND MATERIALS PURCHASED DIRECTLY FROM NU SKIN
2.4.3 PROCEDURES FOR OBTAINING A REFUND OR EXCHANGE
2.5 RETAIL SALES AND CUSTOMER RETURNS
2.5.1 RETAIL SALES
2.5.2 NO WHOLESALING OF NU SKIN PRODUCTS
2.5.3 RETAIL SALES RECEIPTS
2.5.4 MONEY-BACK GUARANTEES, CUSTOMER REFUNDS, AND EXCHANGES FOR YOUR RETAIL CUSTOMERS
2.6 SALES PERFORMANCE PLAN
2.6.1 SALES PERFORMANCE PLAN
2.6.2 EXCEPTIONS TO SALES PERFORMANCE PLAN
2.6.3 NO COMPENSATION FOR SPONSORING
2.6.4 NO GUARANTEED INCOME
2.6.5 MANIPULATION OF SALES PERFORMANCE PLAN
2.6.6 BONUSES AND SPECIAL INCENTIVES
2.6.7 RETAIL SALES VERIFICATION
2.6.8 TIMING
2.6.9 BONUS RECOVERY
2.6.10 PAYMENT CORRECTIONS
2.7 PRODUCT LIABILITY CLAIMS AND INDEMNIFICATION
2.7.1 INDEMNIFICATION
2.7.2 REQUIREMENTS FOR INDEMNIFICATION
2.7.3 INDEMNIFICATION BY YOU
2.8 GOODS AND SERVICES TAX
2.9 ASSOCIATING OTHER ORGANIZATIONS WITH NU SKIN
3.1 BUSINESS SUPPORT MATERIALS AND TRADEMARK USE
3.1.1 USE OF BUSINESS SUPPORT MATERIALS
3.1.2 USE OF TRADEMARKS AND COPYRIGHTS
3.2 PRODUCT CLAIMS
3.2.1 GENERAL LIMITATION
3.2.2 NO MEDICAL CLAIMS
3.2.3 NO FSSAI/CDSCO APPROVED CLAIMS
3.2.4 BEFORE AND AFTER PHOTOGRAPHS
3.2.5 TESTIMONIALS
3.2.6 MODIFICATIONS TO PRODUCT PACKAGING OR PRODUCT INSTRUCTIONS
3.3 INCOME OPPORTUNITY CLAIMS
3.3.1 NO MISLEADING INCOME OPPORTUNITY CLAIMS
3.3.2 REQUIREMENTS FOR LIFESTYLE AND INCOME CLAIMS
3.4 MASS MEDIA
3.4.1 PROMOTIONS UTILIZING MASS MEDIA PROHIBITED
3.4.2 MEDIA INTERVIEWS
3.5 RETAIL STORE AND SERVICE ESTABLISHMENT SALESPOLICY
3.5.1 RETAIL STORES
3.5.2 SERVICE ESTABLISHMENTS
3.5.3 NU SKIN’S RIGHT OF FINAL DETERMINATION
3.6 ONLINE SELLING AND PROMOTION
3.6.1 SOCIAL MEDIA
3.6.2 SOCIAL SELLING
3.6.3 ONLINE AUCTION SITES AND ONLINE MARKETPLACES
3.6.4 ADDITIONAL RESTRICTIONS ON INTERNET USE
3.6.5 SPAM
3.7 LEAD GENERATION SERVICES; MEETINGS AND EVENTS
3.7.1 LEAD GENERATION SERVICES
3.7.2 MEETINGS AND EVENTS; NO SPEAKING FEES 26
3.8 RECORDING OF NU SKIN EVENTS AND EMPLOYEES
4.1 BECOMING A SPONSOR
4.1.1 REQUIREMENTS
4.1.2 THE PLACEMENT OF NEW DIRECT SELLERS
4.2 RESPONSIBILITIES OF A SPONSOR
4.2.1 WHO IS THE SPONSOR
4.2.2 TRAINING YOUR TEAM
4.2.3 LINE SWITCHING
4.2.4 NO PURCHASE OF PRODUCTS OR BUSINESS SUPPORT MATERIALS AND SERVICES REQUIRED
4.2.5 CORRECT INFORMATION ON FORMS
4.2.6 YOUR TEAM’S COMMUNICATION WITH NU SKIN
4.3 NO INTERNATIONAL BUSINESS
5.1 OWNERSHIP OF NETWORK
5.2 RESTRICTIVE COVENANTS
5.2.1 THIRD-PARTY PRODUCTS
5.2.2 SALES PERFORMANCE PLAN ELIGIBILITY TO BE PAID ON GENERATIONS THREE TO SIX
5.2.3 CONFIDENTIAL INFORMATION
5.2.4 CONFIDENTIALITY OF DIRECT SELLER ACCOUNT INFORMATION
5.2.5 NON-DISPARAGEMENT
5.3 REMEDIES
5.4 ENFORCEABILITY
6.1 THE CONTRACT
6.2 ACTS OF OWNER, PARTICIPANTS, AND OTHERS IN A DIRECT SELLER ACCOUNT
6.3 PROCEDURES FOR INVESTIGATION, DISCIPLINE, AND TERMINATION
6.3.1 PROCESSING OF ALLEGED VIOLATIONS OF THE CONTRACT BY DIRECT SELLERS
6.3.2 TIME LIMITS FOR NU SKIN ACTION REGARDING ALLEGED VIOLATIONS
6.3.3 BALANCE OF RIGHTS REGARDING ALLEGED VIOLATION MATTERS
6.3.4 CRC PROCEDURES FOR PROCESSING ALLEGED VIOLATIONS
6.3.5 COMPLIANCE APPEALS COMMITTEE
6.3.6 NU SKIN DIRECT ACTIONS FOR VIOLATIONS OF THE CONTRACT OR TO PROTECT NU SKIN DURING INVESTIGATIONS OF ALLEGED VIOLATIONS
6.3.7 IMMEDIATE DIRECT ACTION
6.4 REMEDIES
6.5 TERMINATION OF CONTRACTS AND DIRECT SELLER ACCOUNTS
7.1 WHAT IS MANDATORY ARBITRATION 39
7.2 ARBITRATION IS MANDATORY AND BINDING AS TO ALL DISPUTES
7.3 DEFINITION OF A DISPUTE
7.4 VOLUNTARY MEDIATION
7.5 COMMENCEMENT OF ARBITRATION
7.6 ARBITRATION RULES AND PROCESS
7.6.1 ARBITRATION LOCATION AND SEAT, AND ARBITRATION RULES
7.6.2 DISPUTES REGARDING ARBITRABILITY SHALL BE DECIDED BY THE ARBITRATOR
7.6.3 ARBITRATION AWARDS
7.6.4 CONFIDENTIALITY
7.6.5 ENFORCEMENT OF JUDGMENT ENTERED ON ARBITRATION AWARD; INJUNCTIVE RELIEF
7.7 SURVIVAL
7.8 SEVERABILITY
8.1 INDEMNITY
8.2 WAIVER OF CONSEQUENTIAL AND INDIRECT DAMAGES — BREACH OF CONTRACT
8.3 WAIVER OF CONSEQUENTIAL AND INDIRECT DAMAGES — BREACH OF NON-CONTRACTUAL DUTIES
8.4 WAIVER OF PUNITIVE DAMAGES
8.5 LIMITATION OF LIABILITY OF THE NU SKIN BENEFICIARIES
8.6 THIRD PARTY CLAIMS
9.1 SALES TO UNAFFILIATED CUSTOMERS
9.2 SALES THROUGH ONLINE MARKETPLACES AND OTHER NU SKIN PROGRAMS
9.3 SALES BY THE NSE COMPANIES OF PRODUCTS UNDER DIFFERENT BRANDS AND TRADEMARKS
10.1 CHANGES TO THE CONTRACT
10.2 WAIVERS AND EXCEPTIONS
10.3 INTEGRATED CONTRACT
10.4 SEVERABILITY
10.5 CHOICE OF LAW
10.6 CHOICE OF VENUE
10.7 WAIVER OF CLASS AND REPRESENTATIVE ACTIONS
10.8 ENGLISH AS PREVAILING LANGUAGE
10.9 THIRD-PARTY BENEFICIARY RIGHTS
10.10 NOTICES
10.11 SUCCESSORS AND CLAIMS
10.12 HEADINGS
10.13 INTERNAL REFERENCES
10.14 PLURALITY AND GENDER
Chapter 1 | Your Direct Seller Account
1.1 BECOMING A DIRECT SELLER
1.1.1 APPLYING TO BECOME A DIRECT SELLER
You may apply to become a Direct Seller, on a non-exclusive basis, online at nuskin.com/India by submitting an Application and agreeing to be bound by the terms and conditions of the Direct Seller Agreement. You are not required to purchase any Nu Skin Products or materials to become a Direct Seller. By agreeing to the Direct Seller Agreement, you are agreeing to the terms of the Direct Seller Agreement and the Contract incorporated by reference into the Direct Seller Agreement.
1.1.2 INDIVIDUAL DIRECT SELLER ACCOUNT
Only one individual may apply for an Individual Direct Seller Account to be created in the Nu Skin Systems in the name of and owned by that individual applicant. Another individual may apply to participate in the Individual Direct Seller Account of a Spouse as a Participant by submitting an Application and agreeing to a Direct Seller Agreement in connection with participating in such account. An individual that is a Participant in an Individual Direct Seller Account owned by a Spouse is not an owner of that Individual Direct Seller Account. The owner of an Individual Direct Seller Account, as identified in the Nu Skin Systems, may change the Participants in the Individual Direct Seller Account (whether to add or remove a Spouse) by submitting a request to Nu Skin through the electronic or other means provided by Nu Skin in accordance with these Policies and Procedures. Nu Skin shall not be liable for any failure to receive such requests or for any delay in acting upon such requests. The owner and any Participant in an Individual Direct Seller Account are Direct Sellers, and the owner may be referred to as a Direct Seller owner, and a Participant may be referred to as a Direct Seller Participant. The actions and decisions of the owner of an Individual Direct Seller Account as communicated to Nu Skin are binding on the owner, Individual Direct Seller Account, and any Spouse Participant. Except for the addition of a Spouse to an Individual Direct Seller Account, if more than one Person wants to participate in a Direct Seller Account, then the Persons must apply for a Business Entity Direct Seller Account as set forth in Section 1.3 of this Chapter 1 or convert their Individual Direct Seller Account into a Business Entity Direct Seller Account as provided in Section 1.10 of this Chapter 1. In addition, the following requirements apply to Individual Direct Seller Accounts:
(a) Bonuses and any special incentives will be issued in the name of the owner of the Individual Direct Seller Account. Nu Skin will not have any liability to any Participant in an Individual Direct Seller Account if the owner of the Individual Direct Seller Account fails to allocate and pay any portion of the Bonuses or special incentives received by the owner to any Participant in the Individual Direct Seller Account, or for any incorrect allocation or payment;
(b) Any non-cash special incentives awarded to an Individual Direct Seller Account will be issued in the name of the owner of the Individual Direct Seller Account and delivered to the owner of the Individual Direct Seller Account. Nu Skin will not have any liability to any Participant in an Individual Direct Seller Account if the owner of the Individual Direct Seller Account fails to allocate or deliver any portion of any non-cash special incentives received by the owner to any Participant in the Individual Direct Seller Account, or for any incorrect allocation or delivery; and
(c) The owner of and any Spouse Participant in an Individual Direct Seller Account shall have the same Sponsor.
1.1.3 BUSINESS ENTITY DIRECT SELLER ACCOUNT
A Business Entity may submit an Application (including a signed Business Entity Form if applying offline, as permitted by Nu Skin in its discretion) and agree to be bound by the terms and conditions of the Direct Seller Agreement to apply for a Business Entity Direct Seller Account to be created in the Nu Skin Systems in the name of and owned by that Business Entity. The individual submitting the Application and agreeing to the Direct Seller Agreement on behalf of the Business Entity as its authorized agent (a) is deemed to be applying to participate in the Business Entity Direct Seller Account as a Participant and (b) is deemed to be the Primary Participant unless another individual is identified to Nu Skin as the Primary Participant and is accepted by Nu Skin as a Participant in the Business Entity Direct Seller Account. Each Person who will have a Beneficial Interest in the Business Entity or the Business Entity Direct Seller Account or who will engage in Business Activity on behalf of the Business Entity and its Direct Seller Account (including but not limited to partners, members, shareholders, employees, consultants, and independent contractors) must submit an Application and agree to be bound by the terms and conditions of a Direct Seller Agreement in connection with participating in such account. The Primary Participant of a Business Entity Direct Seller Account, as identified in the Nu Skin Systems, may change the Primary Participant and may change the Participants (whether to add or remove Participants) by submitting a request to Nu Skin through the electronic or other means provided by Nu Skin in accordance with these Policies and Procedures. Nu Skin shall not be liable for any failure to receive such requests or for any delays in acting upon such requests. The Business Entity is the sole owner of the Business Entity Direct Seller Account and none of the Participants is an owner of the Business Entity Direct Seller Account in which they are a Participant. The Business Entity and each Participant in a Business Entity Direct Seller Account are Direct Sellers. The Business Entity may be referred to as a Direct Seller owner, and a Participant may be referred to as a Direct Seller Participant. The actions and decisions of the Primary Participant of a Business Entity Direct Seller Account as communicated to Nu Skin are binding on the Business Entity, the Business Entity Direct Seller Account, and each of its Participants. In addition, the following requirements apply to Business Entity Direct Seller Accounts:
(a) Bonuses and any special incentives will be issued in the name of the Business Entity, as owner of the Business Entity Direct Seller Account. Nu Skin will not have any liability to any Participant in a Business Entity Direct Seller Account if the Business Entity, the Primary Participant, any other Participant in the Business Entity Direct Seller Account, or any other participant in the Business Entity fails to allocate and pay any portion of the Bonuses or special incentives received by the Business Entity among the multiple Participants in the Business Entity Direct Seller Account, or for any incorrect allocation or payment;
(b) Any non-cash special incentives awarded to a Business Entity Direct Seller Account will be issued in the name of the Business Entity and delivered to the Primary Participant of the Business Entity Direct Seller Account. Nu Skin will not have any liability to the Business Entity or any Participant in a Business Entity Direct Seller Account if the Primary Participant of the Business Entity Direct Seller Account fails to allocate or deliver any portion of any non-cash special incentives received by the Primary Participant among the multiple Participants in the Business Entity Direct Seller Account, or for any incorrect allocation or delivery;
(c) The owner of and each Participant in a Business Entity Direct Seller Account shall have the same Sponsor; and
(d) At all times one Participant in the Business Entity Direct Seller Account must be designated by the Business Entity Direct Seller Account as the Primary Participant of the Business Entity Direct Seller Account. If at any time the Nu Skin Systems do not identify a Primary Participant of a Business Entity Direct Seller Account and the Business Entity Direct Seller Account fails to designate a Primary Participant within a reasonable period of time of notice from Nu Skin to do so, Nu Skin may, at its election, designate one of the Participants as the Primary Participant of such account or terminate the Business Entity Direct Seller Account, which will terminate the Direct Seller Agreements and all rights of the Business Entity and all Participants in such Business Entity Direct Seller Account.
1.1.4 AGE REQUIREMENTS
You must be at least 18 years old (21 years old in the State of Maharashtra) to become a Direct Seller.
1.1.5 LEGAL RESIDENCY
The owner of, and all Participants in, a Direct Seller Account must be a citizen of or have a legal right to do business in India. If any Direct Seller (including without limitation the owner of an Individual Direct Seller Account, the Business Entity owner of a Business Entity Direct Seller Account, a Spouse acting as a Participant in an Individual Direct Seller Account, or a Participant in a Business Entity Direct Seller Account) is unable to prove citizenship or the legal right to do business in India, Nu Skin may, at its election, terminate such Direct Seller Account and declare the Direct Seller Agreements of the owner and Participants in the Direct Seller Account void from their inception.
1.1.6 FORMER DIRECT SELLERS
If you have previously been a Direct Seller, you may only apply to become a new Direct Seller in the same position in your previous line of sponsorship unless you meet the criteria in Section 3.4 of this Chapter 1 for signing up under a new Sponsor.
1.1.7 SPOUSES
If the Spouse of a Direct Seller wants to become a Direct Seller, the Spouse must be added as a Participant to the Direct Seller Account formed by the other Spouse. If the Spouse of a former Direct Seller wants to become a Direct Seller, then the Spouse must apply to become a Direct Seller under the same position in the line of sponsorship as the other Spouse’s former Direct Seller Account unless the applicable inactive period regarding Business Activity of the other Spouse’s former Direct Seller Account has lapsed as set forth in Section 3.4 of this Chapter 1.
1.1.8 ACCEPTANCE OF YOUR DIRECT SELLER AGREEMENT
Nu Skin reserves the right to reject any Application for a Direct Seller Account or to be added as a Participant in a Direct Seller Account at its own discretion. Once you have submitted a completed Application and agreed to the terms of the Contract,your Application to become a Direct Seller is deemed accepted by Nu Skin when a Direct Seller Account is created for you in the Nu Skin Systems based on the Application or you are identified in the Nu Skin Systems as a Participant in a Direct Seller Account based on the Application. In the event Nu Skin gets more than one Direct Seller Agreement from an applicant, the first Direct Seller Agreement received by Nu Skin is the one that determines your Sponsor.
1.1.9 TAXPAYER IDENTIFICATION NUMBERS
The owner of and each Participant Spouse in an Individual Direct Seller Account and the Business Entity owner of and each Participant in a Business Entity Direct Seller Account are required to provide Nu Skin with their taxpayer identification numbers. Such taxpayer identification numbers must be provided to Nu Skin before the Direct Seller Account will be eligible to earn any Bonuses, any special incentives, or any non-cash incentives. Nu Skin may place a sales order, Bonus, or special incentives hold on Your Direct Seller Account until such taxpayer identification numbers have been provided to Nu Skin and have been verified.
1.1.10 CHANGING THE FORM OF A DIRECT SELLER ACCOUNT
(a) If you want to change the form of your Direct Seller Account from an Individual Direct Seller Account to a Business Entity Direct Seller Account, you may do so at any time. This change is subject to any applicable legal requirements and all requirements of these Policies and Procedures for the creation of a Business Entity Direct Seller Account, and requires (i) the owner of the Individual Direct Seller Account (who will be designated as the initial Primary Participant) and the Business Entity to submit an Application for a Business Entity Direct Seller Account (including a signed Business Entity Form if applying offline, as permitted by Nu Skin in its discretion) and (ii) the Business Entity and each intended Participant (including the Primary Participant) in the Business Entity Direct Seller Account to agree to be bound by the terms and conditions of the Direct Seller Agreement and the Contract in accordance with these Policies and Procedures. By submitting an Application for a Business Entity Direct Seller Account, the owner of the Individual Direct Seller Account that is being converted to a Business Entity Direct Seller Account acknowledges and agrees that such Individual Direct Seller Account will be deleted from the Nu Skin Systems effective upon the acceptance of such Application and the creation of the Business Entity Direct Seller Account in the Nu Skin Systems.
(b) If the Primary Participant of a Business Entity Direct Seller Account wants to change the form of the Direct Seller Account from a Business Entity Direct Seller Account to an Individual Direct Seller Account owned by the Primary Participant as an individual, the Primary Participant may do so at any time. This change is subject to any applicable legal requirements and all requirements of these Policies and Procedures for the creation of an Individual Direct Seller Account, and requires (i) the Primary Participant, as an individual, to submit an Application for an Individual Direct Seller Account and the Primary Participant, as an individual, and any Spouse Participant to agree to be bound by the terms and conditions of the Direct Seller Agreement and the Contract in accordance with these Policies and Procedures, and (ii) requires the Business Entity owner and the Primary Participant of the Business Entity Direct Seller Account to be converted to an Individual Direct Seller Account to consent to the deletion in the Nu Skin Systems of the Business Entity Direct Seller Account effective upon the acceptance of the Application for an Individual Direct Seller Account and the creation in the Nu Skin Systems of an Individual Direct Seller Account.
1.1.11 MANDATORY TRAINING
When you first sign up to become a Direct Seller and in connection with certain Title advancements and other milestones in your Nu Skin Business, Nu Skin may require you to complete specific training or educational courses regarding the Sales Performance Plan, these Policies and Procedures, and/or other relevant contractual compliance topics. Such trainings and courses will be provided by Nu Skin at no cost to you and will not be unreasonable in length or content. If you fail to complete a training or course that Nu Skin has designated as mandatory, Nu Skin may elect to take action in accordance with Chapter 6 of these Policies and Procedures, including, without limitation, suspending the payment of any Bonuses and special incentives and suspending the delivery of any non-cash incentives until such time that the training is completed.
1.2 PERSONAL INFORMATION
1.2.1 COLLECTION OF PERSONAL INFORMATION
Nu Skin is aware of and responsive to your concerns regarding how information about you is collected, used, and shared as a result of you becoming a Direct Seller. Nu Skin respects your privacy and is committed to protecting the privacy of Direct Sellers. Nu Skin collects from you and holds certain personal information about you in order to provide you with support, the benefits of being a Direct Seller, and communicating with you regarding (a) Nu Skin Products and promotional offers, (b) Your Direct Seller Account and Your Team, (c) Bonuses, and (d) other relevant business issues. All information submitted by you will be held by one or more of the NSE Companies, including at the corporate headquarters of Nu Skin Enterprises, Inc. in the U.S. and/or in the regional offices of certain of its affiliates. You have the right to access and verify your personal information held by the NSE Companies by contacting the call centre in India at +91 120 712 7177 or by contacting Nu Skin’s Privacy Office at privacy@nuskin.com.
1.2.2 AUTHORIZATION TO TRANSFER, DISCLOSE, AND USE YOUR PERSONAL AND/OR CONFIDENTIAL INFORMATION
In order for Nu Skin to provide support for Your Direct Seller Account, and to provide support for the commercial activities and interests of one or more of the NSE Companies both related and unrelated to Your Direct Seller Account, you authorize:
(a) Nu Skin to transfer and disclose personal and/or confidential information, which (i) you have provided to Nu Skin in connection with Your Direct Seller Account or Your Team, or (ii) that has been developed as a result of your activity as a Direct Seller, to (A) the NSE Companies wherever located, (B) service providers of the NSE Companies, (C) your independent upline and downline Direct Sellers when Nu Skin determines it is appropriate, and (D) applicable government agencies or regulatory bodies if required by law;
(b) Nu Skin to use your personal information (including your image) for Direct Seller recognition, marketing materials, and Nu Skin Business Support Materials and Services unless you request in writing that Nu Skin stop doing so (note, it may take up to 30 days to process your request and will not affect publications already in circulation);
(c) Nu Skin to use your personal information to the extent relevant to any claims or defences in any dispute (whether or not a Dispute as defined in the Contract); and
(d) The NSE Companies to use your personal information described above to provide support for the commercial activities and interests of one or more of the NSE Companies both related and unrelated to Your Direct Seller Account.
You further understand and agree that any other use or disclosure of your personal information will be governed by the Nu Skin Global Privacy Notice, including the Addendum for India, as it may be amended from time to time. The Nu Skin Global Privacy Notice, including the Addendum for India, may be viewed on Nu Skin’s website at legal.nuskin.com/privacy
1.3 MAINTAINING YOUR DIRECT SELLER ACCOUNT
1.3.1 KEEPING YOUR DIRECT SELLER ACCOUNT AND RELATED INFORMATION CURRENT
As a Direct Seller, it is your duty to keep the information contained in your Application, Direct Seller Account profile, and any other applicable forms (including the Business Entity Form if one was submitted with a hard copy application) current and accurate. You must immediately inform Nu Skin through the electronic or other means provided by Nu Skin of any changes affecting the accuracy of information contained in these documents and forms, including without limitation the addition or removal of Participants in the Direct Seller Account or changes to the Primary Participant of a Business Entity Direct Seller Account. Nu Skin may terminate a Direct Seller Account or declare a Direct Seller Agreement void from its inception if Nu Skin determines that false or inaccurate information was provided in any Application to become a Direct Seller. If the owner of or the Participants in a Direct Seller Account fail to update their Application, Direct Seller Account profile, or any other applicable forms (including the Business Entity Form if one was submitted with a hard copy application), holds may be placed by Nu Skin on the Direct Seller Account (including the placement of orders, payment of Bonuses and any special incentives, and delivery of non-cash special incentives) or other disciplinary action may be taken by Nu Skin, including termination of the Direct Seller Account and declaration that the Direct Seller Agreements of the owner and Participants in the Direct Seller Account are void from their inception. Nu Skin may charge a fee for processing changes to Direct Seller Account information. Nu Skin may refuse to accept any updates submitted for a Direct Seller Account, including without limitation the addition or removal of any Participant in such Direct Seller Account or any change to the Primary Participant of a Business Entity Direct Seller Account. Nu Skin may, in its discretion, require the owner or Participants of a Direct Seller Account to submit a new Application and re-agree to be bound by the terms and conditions of the Direct Seller Agreement, as it may be amended from time to time, in connection with any updates submitted for a Direct Seller Account.
1.3.2 ADDING A NEW PARTICIPANT TO A DIRECT SELLER ACCOUNT
The owner of an Individual Direct Seller Account may add a Spouse as a Participant in the account by submitting a request to Nu Skin and inviting such Spouse to submit an Application and agree to be bound by the terms and conditions of the Direct Seller Agreement in connection with such Individual Direct Seller Account. The Primary Participant in a Business Entity Direct Seller Account may add a new Participant to the account by submitting a request to Nu Skin and inviting such Participant to submit an Application and agree to be bound by the terms and conditions of the Direct Seller Agreement in connection with such Business Entity Direct Seller Account. The addition of a Spouse as a Participant to an Individual Direct Seller Account or the addition of a Participant to a Business Entity Direct Seller Account becomes effective upon Nu Skin’s acceptance of such Participant’s Application and Direct Seller Agreement and the addition of such Participant in the Nu Skin Systems as a Participant in such Direct Seller Account. Nu Skin, in its sole discretion, may reject any request to add a Participant to a Direct Seller Account. If Nu Skin rejects any such request, the Person or Persons may not engage in any Business Activities on behalf of, or have a Beneficial Interest in, the Direct Seller Account. You may not allow any Person other than a Spouse identified by Nu Skin in the Nu Skin Systems as a Participant to engage in any Business Activity for an Individual Direct Seller Account owned by you or to have a Beneficial Interest in such Individual Direct Seller Account. You may not allow any Person other than a Person identified by Nu Skin in the Nu Skin Systems as a Participant to engage in any Business Activity for a Business Entity Direct Seller Account owned by you or to have a Beneficial Interest in such Business Entity Direct Seller Account. You may not allow any Person other than a Person identified by Nu Skin in the Nu Skin Systems as a Participant in the Business Entity Direct Seller Account in which you are a Participant to engage in any Business Activity for the Business Entity Direct Seller Account in which you are a Participant or to have a Beneficial Interest in such Business Entity Direct Seller Account. No Person (whether referred to as an employee, assistant, agent, or otherwise) may engage in Business Activity for a Direct Seller Account or have a Beneficial Interest in a Direct Seller Account unless that Person has submitted an Application and agreed to be bound by the terms and conditions of the Direct Seller Agreement and the Contract and such Application and Direct Seller Agreement has been accepted by Nu Skin and that Person is identified in the Nu Skin Systems as an owner of or a Participant in such Direct Seller Account.
1.3.3 REMOVING AN EXISTING PARTICIPANT FROM A DIRECT SELLER ACCOUNT
The owner of an Individual Direct Seller Account may remove a Spouse as a Participant in the account by submitting a request to Nu Skin through the electronic or other means provided by Nu Skin in accordance with these Policies and Procedures. The Primary Participant in a Business Entity Direct Seller Account may remove an existing Participant in the Business Entity Direct Seller Account by submitting a request to Nu Skin through the electronic or other means provided by Nu Skin in accordance with these Policies and Procedures. Nu Skin is not required to receive any notice of relinquishment of rights or interests in the Individual Direct Seller Account from the Spouse being removed as a Participant in such account, and Nu Skin is not required to receive any notice of relinquishment of rights or interests in a Business Entity Direct Seller Account from any Participants being removed as Participants in such account. The removal of a Spouse as a Participant in an Individual Direct Seller Account or the removal of a Participant in a Business Entity Direct Seller Account becomes effective upon Nu Skin’s acceptance of such request and removal of such Participant from the Nu Skin Systems as a Participant in such Direct Seller Account, provided, however, if the owner of an Individual Direct Seller Account or the Primary Participant of a Business Entity Direct Seller Account purports to remove a Participant in the Direct Seller Account, thereby terminating the Participant’s rights and interests as a Direct Seller, but the Participant continues to retain a Beneficial Interest in such account, such Person removed as a Participant remains subject to the terms and conditions of the Contract as a Direct Seller and Nu Skin may exercise its rights and remedies under the Contract against such Person and the Direct Seller Account and all owners of and Participants in the Direct Seller Account for breach of the Contract. However, although deemed a Direct Seller for purposes of Contract enforcement until such Person has terminated their Beneficial Interest in the Direct Seller Account, such Person shall not be an authorized Participant in the Direct Seller Account, shall not be entitled to conduct Business Activities for the Direct Seller Account, and shall not be entitled to have a Beneficial Interest in the Direct Seller Account. Nu Skin, in its sole discretion, may reject any request to remove Participants from Direct Seller Accounts. If Nu Skin rejects any such request, the Person or Persons shall remain in the Nu Skin Systems as Participants in the Direct Seller Account. You agree that, to the fullest extent permitted by law, you will indemnify and hold harmless each of the Nu Skin Beneficiaries from and against all claims, demands, liabilities, losses, actions, causes of action, costs, or expenses (including, but not limited to, reasonable attorney’s fees and litigation costs) of any kind, resulting or arising from, directly or indirectly, the removal of a Participant from a Direct Seller Account then owned by you or in which you were then a Participant based upon Nu Skin’s reliance on a request to remove a Participant from that account submitted to Nu Skin by the owner (if an Individual Direct Seller Account) or the Primary Participant (if a Business Entity Direct Seller Account). This indemnity is intended to indemnify and hold harmless each of the Nu Skin Beneficiaries (a) from costs and expenses incurred by the Nu Skin Beneficiary in the absence of any claims being made against the Nu Skin Beneficiary, (b) from claims made by you and any Persons claiming by, through, or under you against the Nu Skin Beneficiary, and (c) from claims made by third parties against the Nu Skin Beneficiary, and with regard to such third-party claims you further agree to defend the Nu Skin Beneficiary against such claims at your expense. You understand and agree that each Nu Skin Beneficiary reserves the right, at your expense, to assume the exclusive defence and control of any claims for which you are required to indemnify the Nu Skin Beneficiary, and you agree to cooperate in such defence. You agree that you will not in any event settle any claim made against a Nu Skin Beneficiary for which you are required to indemnify the Nu Skin Beneficiary without the written consent of the Nu Skin Beneficiary. Each of the Nu Skin Beneficiaries not a party to the Contract are third-party beneficiaries of this agreement to indemnify, defend, and hold harmless.
1.3.4 STARTING A DIRECT SELLER ACCOUNT UNDER A NEW SPONSOR
If you are a former Direct Seller, you may establish a new Direct Seller Account under a new Sponsor only if you have not engaged in any Business Activity (whether for a Direct Seller Account owned by you or a Direct Seller Account owned by another Person and in which you were a Participant) for the indicated inactive period:
Account type during the 24 months preceding the most recent Business Activity | Inactive Period |
If you ever achieved the Title of Brand Representative or higher | 12 months |
Direct Seller only | 6 months |
When Nu Skin concludes that an inappropriate Sponsor change has occurred or has been solicited, (a) the Direct Seller Account’s second-in-time line of sponsorship may be changed to the original, first-in-time line of sponsorship, and (b) the second-in-time Direct Seller Account, together with its entire downline organization, may be returned to and/or merged with the first-in-time Direct Seller Account. In addition, or alternatively, Nu Skin may pursue other remedies listed in Chapter 6.
1.3.5 A BENEFICIAL INTEREST IN ONE DIRECT SELLER ACCOUNT PER INDIVIDUAL
You are not allowed to have a concurrent Beneficial Interest in more than one Direct Seller Account except as follows: (a) marriage of two Direct Sellers who each had a Beneficial Interest in a different Direct Seller Account prior to the marriage, (b) inheritance of the ownership of or a Beneficial Interest in a Direct Seller Account by an existing Direct Seller who has a Beneficial Interest in a different Direct Seller Account, or (c) as otherwise approved in writing by Nu Skin.
1.3.6 ACQUISITION OF BENEFICIAL INTEREST IN AND MERGER OF DIRECT SELLER ACCOUNTS
(a) Nu Skin Overview. Occasionally, a Direct Seller owner of an Individual Direct Seller Account wishes to form a partnership or joint venture with another existing Direct Seller owner of an Individual Direct Seller Account and merge the two Individual Direct Seller Accounts, or the owners of two separate Business Entity Direct Seller Accounts desire to form a partnership or joint venture or merge the two Business Entity Direct Seller Accounts, or a Direct Seller who has conducted Business Activity for a Direct Seller Account desires to acquire a Beneficial Interest in a Direct Seller Account under a different Sponsor. Except as provided in this Section 3.6, the formation of a partnership between existing Direct Sellers, the merger of Direct Seller Accounts, or the acquisition of a Beneficial Interest in a Direct Seller Account under a different Sponsor by a Direct Seller who has engaged in any Business Activity for a different Direct Seller Account, is prohibited.
(b) Acquisition of Beneficial Interest in Direct Seller Account With a Different Sponsor. Except for those circumstances that may be approved by Nu Skin in its sole discretion, if you have engaged in any Business Activity, whether as the owner of or a Participant in a Direct Seller Account, you may not, at any time, acquire a Beneficial Interest in a pre-existing Direct Seller Account under a different Sponsor (whether by purchase, merger, partnership, or otherwise) unless (i) you have terminated your Beneficial Interest in the Direct Seller Account in which you had engaged in Business Activity by terminating the Direct Seller Account, if owned by you, or by relinquishing your rights as a Direct Seller Participant and your Beneficial Interest in the Direct Seller Account, if you were a Participant in the Direct Seller Account, and you have not engaged in Business Activity for the applicable inactive period described in Section 3.4 of this Chapter 1, and (ii) the Direct Seller Account in which you want to acquire a Beneficial Interest was initially created in the Nu Skin Systems after the applicable inactive period for your Business Activity as described in (i) above. The prohibitions of this subsection (b) supersede the provisions of subsection (c) of this Section 3.6.
(c) Merger. Nu Skin may, in its sole discretion, consider mergers of Direct Seller Accounts in the following limited cases: (i) vertical mergers between (A) a Direct Seller Account and the Direct Seller Account of its immediate upline Sponsor, or (B) a Direct Seller Account and another Direct Seller Account that is on its first level; (ii) horizontal mergers with another Direct Seller Account, provided that (A) only one of the Direct Seller Accounts is a Brand Representative or above, and the other Direct Seller Account is not a Qualifying Brand Representative or Brand Representative (as defined in the applicable Sales Performance Plan) and (B) both Direct Seller Accounts have the same upline Sponsor; and (iii) any other merger as may be approved by Nu Skin in its sole discretion.
(d) Review and Additional Requirements. In any case involving the proposed formation of a partnership, mergers, or acquisitions of a Beneficial Interest, Nu Skin will, in its sole discretion, decide whether to approve a requested exception to these Policies and Procedures. During its review, Nu Skin may impose additional requirements that it deems necessary, including upline notifications and/or approvals.
1.4 TRANSFERRING AND TERMINATING A DIRECT SELLER ACCOUNT
1.4.1 TRANSFERRING DIRECT SELLER ACCOUNTS
Only the owner of an Individual Direct Seller Account and only the Business Entity owner and the Primary Participant of a Business Entity Direct Seller Account may transfer the ownership of the Direct Seller Account or any other rights or interests in the Direct Seller Account, and then only with the prior written consent of Nu Skin, which will not be unreasonably withheld. With the exception of granting an individual the right to be a Participant in a Direct Seller Account upon Nu Skin’s acceptance of any request by the owner of an Individual Direct Seller Account or the Primary Participant of a Business Entity Direct Seller Account as provided in Section 3.2 of this Chapter 1, any transfer of the ownership or any other right or interest in a Direct Seller Account must be in a written transfer agreement signed by each transferor and each transferee that describes the terms and conditions (including the consideration) of the transfer (each, a “Transfer Agreement”). In addition, the transfer by any Participant of its Beneficial Interest in a Direct Seller Account shall require the written consent of Nu Skin and such transfer must also be made pursuant to a Transfer Agreement. Nu Skin’s written consent to a Transfer Agreement in the form of a “Consent to Transfer Agreement” between Nu Skin, the transferors, and the transferees is required before the transfer described in the Transfer Agreement will be recognized by Nu Skin, before Nu Skin will recognize the transferee as having the ownership of or any other rights or interests in the Direct Seller Account described in the Transfer Agreement, and before Nu Skin will make changes in the Nu Skin Systems based on the Transfer Agreement. Nu Skin may set forth in the Consent to Transfer Agreement any terms or conditions reasonably required by Nu Skin to consent to the transfer described in the Transfer Agreement. Nu Skin will not consent to any proposed transfer if it determines that the proposed transfer is not substantive and is being done to avoid the requirements of the Contract. Any exceptions or waivers Nu Skin has made to the Contract for the benefit of a Direct Seller Account will terminate upon the transfer of ownership or other rights or interests in the Direct Seller Account by the owner of the Direct Seller Account (if an Individual Direct Seller Account or a Business Entity Direct Seller Account) or the Primary Participant of the Direct Seller Account (if a Business Entity Direct Seller Account) unless otherwise provided in the Consent to Transfer Agreement.
1.4.2 TRANSFERS UPON DEATH
(a) Individual Direct Seller Accounts. If you are the owner of an Individual Direct Seller Account, upon your death, your Direct Seller Account may be passed on to your heirs or other beneficiaries qualified under these Policies and Procedures to be a Direct Seller, whether by will, intestate succession, or otherwise. The transfer will be recognized by Nu Skin when a court order or proper legal document addressing the transfer to a qualified transferee is submitted to Nu Skin and the qualified transferee has delivered to Nu Skin an Application and agreed to the terms and conditions of the Direct Seller Agreement in proper form binding the transferee to the terms and conditions of the Contract. Nu Skin encourages you to make appropriate arrangements in consultation with an estate-planning attorney for the transfer of an Individual Direct Seller Account owned by you. Upon the death of a Spouse Participant in an Individual Direct Seller Account, the Direct Seller Agreement of the Spouse Participant and right to be a Participant in the Individual Direct Seller Account terminates. If a Spouse Participant in an Individual Direct Seller Account or that Spouse Participant’s heirs were granted by a separate contract made with the Individual Direct Seller Account owner rights or interests in the Bonuses and/or special incentives paid to the Individual Direct Seller Account by Nu Skin after the death of the Spouse Participant, the Individual Direct Seller Account owner may make a written request to Nu Skin to authorize the owner of the Individual Direct Seller Account to make payments as required by that contract subject to the condition that the proposed recipient of such payments has delivered to Nu Skin an Application and agreed to the terms and conditions of the Direct Seller Agreement in proper form binding the proposed recipient to the terms and conditions of the Contract, and provided further that such proposed recipient is qualified to hold a Beneficial Interest in a Direct Seller Account under these Policies and Procedures. In the event such person is not a Spouse, then the Individual Direct Seller Account must be converted to a Business Entity Direct Seller Account as set forth in Section 1.10 of this Chapter 1 within 60 days.
(b) Business Entity Direct Seller Accounts. If you have a Beneficial Interest in a Business Entity that owns a Business Entity Direct Seller Account, and your Beneficial Interest arises from or is subject to the Business Entity’s legal documents of formation, as amended (e.g. it arises from partnership, limited liability company, or corporate formation documents and does not arise from a contract between the Business Entity and you), upon your death your interest in the Business Entity Direct Seller Account will be transferred according to the Business Entity’s legal documents and applicable law governing the transfer, provided that all such transferees are qualified to hold an interest in a Direct Seller Account under these Policies and Procedures. The transfer of your interest in the Business Entity will be recognized by Nu Skin when a court order or proper legal documents addressing the transfer to a qualified transferee are submitted to Nu Skin and the qualified transferee has executed and delivered to Nu Skin an Application and Direct Seller Agreement in proper form binding the transferee to the terms and conditions of the Contract. Upon the death of any Participant in a Business Entity Direct Seller Account without a Beneficial Interest in the Business Entity owner of the Business Entity Direct Seller Account that arises from or is subject to the Business Entity’s legal documents of formation, as amended, the Direct Seller Agreement of that Participant and right to be a Participant, or have a Beneficial Interest, in the Business Entity Direct Seller Account terminates. If that Participant in a Business Entity Direct Seller Account or the heirs of that Participant were granted by a separate contract made with the Business Entity owner of the Business Entity Direct Seller Account rights or interests in the Bonuses and/or special incentives paid to the Business Entity Direct Seller Account by Nu Skin after the death of that Participant, the Primary Participant of the Business Entity Direct Seller Account may make a written request to Nu Skin to authorize the Business Entity owner of the Business Entity Direct Seller Account to make payments as required by that contract subject to the condition that the proposed recipient of such payments has delivered to Nu Skin an Application and agreed to the terms and conditions of the Direct Seller Agreement in proper form binding the proposed recipient to the terms and conditions of the Contract, and provided further that such proposed recipient is qualified to hold a Beneficial Interest in a Direct Seller Account under these Policies and Procedures.
(c) During any time that a Direct Seller Account may be temporarily without an owner, or a gap in ownership occurs due to probate or other court procedures, the upline Blue Diamond Director or above Direct Seller Account will be responsible for operating this Direct Seller Account. As payment for these services, the upline Blue Diamond Director or above Direct Seller Account will be entitled to a service fee. This fee will be a dollar amount equal to 15 percent of the Direct Seller Account’s net Bonuses during the period that the Direct Seller Account was without an owner. Nu Skin will deduct the service fee from the Direct Seller Account’s net Bonuses.
(d) Any exceptions or waivers Nu Skin has made to the Contract for the benefit of a Direct Seller Account will terminate upon the transfer of ownership or other rights or interests in the Direct Seller Account upon the death of the owner of the Direct Seller Account (if an Individual Direct Seller Account) or the Primary Participant of the Direct Seller Account (if a Business Entity Direct Seller Account) unless otherwise provided in a written agreement executed by Nu Skin and the transferee at the time of the transfer.
1.4.3 DIVORCE
In the event of a divorce between you and your Spouse, Nu Skin will not determine the division of, nor divide the ownership in or the Team of, a Direct Seller Account owned by you or your Spouse or the Beneficial Interest of you or your Spouse as a Participant in a Business Entity Direct Seller Account. Generally, Nu Skin will not divide Bonuses, special incentives, or other incentives or rewards owed to a Direct Seller Account due to a divorce of a Direct Seller. Nu Skin may, however, in its sole discretion, on a case-by-case basis, divide Bonuses and/or special incentives owed to a Direct Seller Account on a simple, fixed-percentage basis, pursuant to a court order or the written consent of the Direct Seller and Spouse getting a divorce and all other owners of or Participants in the Direct Seller Account. If “Nu Skin” agrees to divide “Bonuses” and/or special incentives owed to “Your Direct Seller Account” on a simple, fixed-percentage basis due to a divorce between you and your “Spouse,” you agree (a) to indemnify and hold harmless the “Nu Skin Beneficiaries” from any and all liabilities, losses, costs, damages, judgments, or expenses, including reasonable attorney’s fees and litigation costs, resulting or arising from, directly or indirectly, the division of the “Bonuses” and/or special incentives, including without limitation any acts or omissions (including negligence) by any of the “Nu Skin Beneficiaries” in dividing the “Bonuses” and/or special incentives, and (b) that “Nu Skin” may condition an agreement to divide “Bonuses” and/or special incentives on the agreement of your “Spouse” and/or the other owners of or “Participants” in the “Direct Seller Account” to similarly indemnifying and holding harmless the “Nu Skin Beneficiaries.” Nu Skin has the right to withhold Bonuses, special incentives, and other incentives and rewards in the event of a dispute between you and your Spouse regarding a Direct Seller Account. Nu Skin may charge a fee to Direct Sellers each month as payment for its services in dividing Bonus and/or special incentive payments. Each of the Nu Skin Beneficiaries not a party to the Contract are third-party beneficiaries of the above agreement to indemnify and hold harmless.
1.4.4 RIGHT TO TERMINATE DIRECT SELLER ACCOUNT
If you are the owner of an Individual Direct Seller Account, you may terminate your Direct Seller Account and Direct Seller Agreement at any time as provided in Section 5 of Chapter 6. If you are the Primary Participant in a Business Entity Direct Seller Account, you and the Business Entity owner of the Business Entity Direct Seller Account may terminate the Business Entity Direct Seller Account and your respective Direct Seller Agreements at any time as provided in Section 5 of Chapter 6. If you are a Spouse Participant in an Individual Direct Seller Account or a Participant in a Business Entity Direct Seller Account that is not being terminated, you may terminate your Direct Seller Agreement and right to be a Participant, or have a Beneficial Interest, in the Direct Seller Account at any time as provided in Section 5 of Chapter 6.
Chapter 2 | Operating Your Business
2.1 OBLIGATIONS AS A DIRECT SELLER—BUSINESS ETHICS
2.1.1 DSA CODE OF ETHICS
Nu Skin abides by the India Direct Selling Association Code of Ethics (the “DSA Code of Ethics”). Along with the ethical requirements of the Contract, you must comply with the DSA Code of Ethics in your business operations. The DSA Code of Ethics can be found at www.idsa.co.in.
2.1.2 PURPOSE OF YOUR BUSINESS
The primary purpose of your Nu Skin Business and Nu Skin is to sell high quality Nu Skin Products to Customers. As part of this process, you may sponsor other Direct Sellers in the business to build your sales organization. However, the recruitment of other Direct Sellers is not your primary focus but rather an integral part of your fundamental obligation to sell Nu Skin Products and to increase the sales of Nu Skin Products to Customers by Your Team.
2.1.3 BUSINESS ETHICS
As a Direct Seller of Nu Skin, you must operate your Nu Skin Business in an ethical, professional, and courteous manner.
2.1.4 COMPLIANCE WITH CONTRACT
You will operate as a Direct Seller in strict compliance with your Direct Seller Agreement and these Policies and Procedures, as they may be changed from time to time, which are incorporated by reference into your Direct Seller Agreement, and the remainder of the Contract, including marketing and sales guidelines applicable to Direct Sellers published by Nu Skin from time to time and which are incorporated herein by reference and may be found at www.nuskin.com/India.
2.1.5 COMPLIANCE WITH CODE OF ETHICS
You agree that you will comply with the Code of Ethics of the NSE Companies applicable to Direct Sellers, as it may be amended from time to time, which is incorporated herein by reference and may be found at nuskin.com/India.
2.1.6 NO FALSE OR MISLEADING CLAIMS
You agree not to make any statements that are false, deceptive, or misleading in connection with your Nu Skin Business, including, without limitation, in connection with your marketing, selling, or recruiting activities.
2.1.7 COMPLIANCE WITH LAWS AND REGULATIONS
You agree to comply with all laws and regulations in connection with all of your activities as a Direct Seller. You are responsible for taking the necessary steps to understand the laws that are applicable to your Business Activities, including seeking independent legal counsel if necessary.
2.1.8 NO INVENTORY LOADING
You agree not to (a) purchase more Nu Skin Products than you can use or sell within a reasonable period of time and/or (b) purchase any Nu Skin Products for the purpose of qualifying for Bonuses or other awards or increasing your Bonus amount or other rewards.
2.1.9 COUNSELING SOUND BUSINESS PRACTICES
You agree you will not counsel, encourage, advise, or assist Direct Sellers or prospective Direct Sellers to (a) breach any of the terms or conditions of the Contract or other contracts between the Direct Seller and one or more of the NSE Companies, including, without limitation, engaging in manipulation of any Sales Performance Plan, acquiring and maintaining concurrent Beneficial Interests in more than one Direct Seller Account unless permitted under Section 3.5 of Chapter 1, or making any false or misleading claims about potential earnings under any Sales Performance Plan or the benefits of Nu Skin Products; (b) operate a Nu Skin Business in a financially irresponsible way, including, but not limited to, buying more Nu Skin Products or Nu Skin Business Support Materials and Services than they can reasonably use or sell, or to maintain specific inventory requirements; or (c) incur debt in order to participate in the Nu Skin Business.
2.1.10 HARASSMENT AND SEXUAL MISCONDUCT
As a Direct Seller of Nu Skin you must operate your Nu Skin Business in a manner that is free of harassment, intimidation, threats, and abuse of any kind, whether physical, verbal, written, electronic, or otherwise, including, but not limited to, harassment, intimidation, threats, or abuse based on race, colour, religion, national origin, disabilities, sex (including gender, pregnancy, gender identification, or sexual orientation), or age. As a Direct Seller of Nu Skin, you must operate your Nu Skin Business in a manner that is free of sexual harassment or misconduct of any kind, including, without limitation, soliciting, encouraging, or consummating any inappropriate or unwelcome written, verbal, electronic, or physical relationships, sexual advances, requests for sexual favours, or other physical, verbal, or visual behaviour of a sexual nature, with another Direct Seller, a prospective Direct Seller, an employee of one of the NSE Companies, or a Customer (“collectively, “Sexual Harassment”). Promising or providing benefits to a Direct Seller’s Nu Skin Business in exchange for or because of a sexual or romantic relationship is considered Sexual Harassment under this policy. Threatening to negatively impact or negatively impacting a Direct Seller’s Nu Skin Business, including, but not limited to, by excluding a Direct Seller from events or meetings, refusing to provide the same level of support you provide to other Direct Sellers, or withholding earned benefits, in exchange for or because of a sexual or romantic relationship or refusal to commence or to continue a sexual or romantic relationship is also considered Sexual Harassment under this policy.
2.1.11 NO CONTACT OF VENDORS OR SCIENTIFIC ADVISORY BOARD MEMBERS
You may not contact, either directly or indirectly, Nu Skin’s or the other NSE Companies’ vendors, suppliers, scientific advisory board members, basic research partners (including, universities), or any other advisors or consultants of Nu Skin or the other NSE Companies regarding (a) studies, reports, or other services provided or to be provided to Nu Skin or the other NSE Companies or (b) Nu Skin Products, without the prior written consent of Nu Skin.
2.1.12 ANTI-CORRUPTION
You must comply with all anti-corruption laws applicable to your activities as a Direct Seller in all markets where you conduct such activities, including but not limited to the U.S. Foreign Corrupt Practices Act, 15 U.S.C. Sections 78dd-1 et. seq. (the “FCPA”). The FCPA requires that you never, directly or indirectly (i.e. through an agent), make or offer a payment or gift with the purpose of influencing the acts or decisions of foreign officials (as defined in the FCPA), which includes all government officials in all markets where you conduct such activities. Because the rules and any available limited exceptions relating to the FCPA or any other applicable anti-corruption laws or regulations are complex, you should consult with your own legal counsel regarding questions relating to compliance with the FCPA or other anti-corruption laws or regulations.
2.1.13 MAINTAINING NU SKIN’S REPUTATION
You must ensure that your actions and behaviour, including your actions and behaviour outside the scope of your Nu Skin Business and/or Direct Seller Account, are consistent with Nu Skin’s high standards and do not have a negative impact on the reputation of Nu Skin, the other NSE Companies, or other Direct Sellers. Nu Skin has the right to, in its sole discretion, determine what actions are not consistent with Nu Skin’s high standards and do reflect negatively on the reputation of Nu Skin, the other NSE Companies, and/or Direct Sellers, and take action against you and/or Your Direct Seller Account in accordance with Chapter 6. Acts involving moral turpitude, whether committed before becoming a Direct Seller or while a Direct Seller, are not consistent with Nu Skin’s high standards, do negatively impact the reputation of Nu Skin, the other NSE Companies, and other Direct Sellers, and will not be tolerated by Nu Skin. Acts involving moral turpitude include, but are not limited to, conviction of a crime or dismissal from employment or as an independent contractor where the elements of the crime or the basis for dismissal involved, in whole or in part: dishonesty or deception; fraud; illegal use of a credit card; knowingly issuing a worthless check; forgery; counterfeiting; blackmailing; perjury; theft; misappropriation of property; embezzlement; extortion; possession or transportation of stolen property; burglary; robbery; assault or attempted assault; battery or attempted battery; murder or attempted murder; rape or attempted rape; or sexual abuse, misconduct or harassment, or other acts of intimidation, stalking or harassment.
2.1.14 RECORDS REVIEW
As a condition to participating as a Direct Seller, you grant Nu Skin the right to review any records related to your Nu Skin Business and Your Direct Seller Account in order to investigate whether you or any owner of or Participant in that Direct Seller Account have been operating their Nu Skin Business or the Direct Seller Account in compliance with the Contract. Nu Skin may request to review your Nu Skin Business records and/or the records of Your Direct Seller Account at any time and for any reason. You must comply with any request to review your Nu Skin Business records and/or the records of Your Direct Seller Account by promptly and completely making the true records available for review by Nu Skin.
2.2 INDEPENDENT CONTRACTOR
2.2.1 DIRECT SELLERS ARE INDEPENDENT CONTRACTORS
You acknowledge and agree that as a Direct Seller you are an independent contractor of Nu Skin. As an independent contractor, you will:
(a) Be self-employed and have and maintain control of the manner and means of your performance as a Direct Seller, including determining, in your sole discretion, when you work and the number of hours you work;
(b) Be the owner of or a Participant in a Direct Seller Account that will earn compensation based on the sale of Nu Skin Products and not on the number of hours you work;
(c) Be subject to entrepreneurial risk and be responsible for all losses that you incur as a Direct Seller;
(d) Be responsible for obtaining a Permanent Account Number (PAN);
(e) Be responsible for paying your own license fees and any insurance premiums;
(f) Be responsible for all costs of business, including, but not limited to, travel, entertainment, meals, lodging, office, clerical, legal, equipment, accounting, and general expenses, without advances, reimbursement, or guarantee from Nu Skin;
(g) Not be treated as an employee for central or state tax purposes, unemployment purposes, or any other purposes (and you agree that you will not claim that you are an employee of Nu Skin or any of the other NSE Companies or make claims for unemployment or any other employee rights or benefits); and
(h) Be responsible for paying any self-employment taxes required by central, state, and local laws, statutes, and regulations.
You further acknowledge and agree that you are not an employee, agent, or legal representative of Nu Skin or any of the other NSE Companies and, except as permitted by the Contract, you are not authorized to act on behalf of Nu Skin or any of the other NSE Companies. Nothing in the Contract is intended to create, nor will be deemed to constitute, a partnership, agency, employer-employee, franchisor-franchisee, or a joint venture relationship between Nu Skin or any of the other NSE Companies and you.
2.2.2 TAXES AND INDEMNIFICATION
If you are the owner of an Individual Direct Seller Account, you will receive from Nu Skin a Form 16 reflecting relevant tax information related to payments made to you as owner of the Individual Direct Seller Account. If you are the Primary Participant of a Business Entity Direct Seller Account, you will receive from Nu Skin a Form 16 reflecting relevant tax information related to payments made to the Business Entity owner of the Business Entity Direct Seller Account. The owner of an Individual Direct Seller Account and the owner and Primary Participant of a Business Entity Direct Seller Account are responsible for issuing to any Persons who are Participants in the Direct Seller Account any Form 16 or other tax forms required by applicable law due to payment to such Participants of any portion of the Bonuses, any special incentives, or other incentives or rewards received by the Direct Seller Account. You are personally liable and responsible for any self-employment taxes required by central, state, or local laws, statutes, or regulations to be paid by you or on your behalf. The owner of and each Participant in a Direct Seller Account is responsible for the proper collection and payment of goods and services tax on retail sales if the Direct Seller Account claims an exemption from Nu Skin’s pre-collected sales tax program. You agree to indemnify and hold harmless each of the Nu Skin Beneficiaries for any withholding tax, unemployment payments, fees, penalties, assessments, or any other expenses that any of the Nu Skin Beneficiaries may incur as a result of any determination that you are an employee of Nu Skin or any of the other NSE Companies. Each of the Nu Skin Beneficiaries not a party to the Contract are third-party beneficiaries of the above agreement to indemnify and hold harmless.
2.2.3 NO AUTHORITY TO ACT ON BEHALF OF NU SKIN
You have no authority under the Contract to act on behalf of Nu Skin or any of the other NSE Companies in any manner or represent that you are authorized to act on behalf of Nu Skin or any of the other NSE Companies. This includes, but is not limited to, any attempt to:
(a) Register or reserve NSE Companies’ names, trademarks, logos, or trade names (including, without limitation, any of the Nu Skin Brands) or Nu Skin Products;
(b) Register URLs or social media platforms using NSE Companies’ names, trademarks, logos, or trade names (including, without limitation, any of the Nu Skin Brands);
(c) Register or secure approval for Nu Skin Products, other products or services of the NSE Companies, or any of the NSE Companies’ business practices; or
(d) Establish business or governmental contacts of any kind on behalf of Nu Skin or any of the other NSE Companies.
You agree that to the fullest extent permitted by law, you will indemnify and hold harmless each of the Nu Skin Beneficiaries from and against all claims, demands, liabilities, losses, actions, causes of action, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and litigation costs) of any kind, arising or resulting from, directly or indirectly, any improper acts taken on behalf of Nu Skin or any of the other NSE Companies by you or the owner of or the Participants in any Direct Seller Account for which you are the owner or a Participant, including, but not limited to, the costs and expenses of any remedial actions taken by any of the Nu Skin Beneficiaries to rectify or mitigate the consequences of such improper acts. This indemnity is intended to indemnify and hold harmless each of the Nu Skin Beneficiaries (i) from costs and expenses incurred by the Nu Skin Beneficiary in the absence of any claims being made against the Nu Skin Beneficiary, (ii) from claims made by you and any Persons claiming by, through, or under you against the Nu Skin Beneficiary, and (iii) from claims made by third parties against the Nu Skin Beneficiary, and with regard to such third-party claims you further agree to defend the Nu Skin Beneficiary against such claims at your expense. You understand and agree that each Nu Skin Beneficiary reserves the right, at your expense, to assume the exclusive defence and control of any claims for which you are required to indemnify the Nu Skin Beneficiary, and you agree to cooperate in such defence. You agree that you will not in any event settle any claim made against a Nu Skin Beneficiary for which you are required to indemnify the Nu Skin Beneficiary without the written consent of the Nu Skin Beneficiary. Each of the Nu Skin Beneficiaries not a party to the Contract are third-party beneficiaries of this agreement to indemnify, defend, and hold harmless. You further agree to immediately assign and to cause the owner of and the Participants in Your Direct Seller Account to immediately assign to Nu Skin or any other NSE Company designated by Nu Skin any registration of NSE Companies’ names, trademarks, logos, or trade names (including, without limitation, any of the Nu Skin Brands) or Nu Skin Products or other products or services of the NSE Companies, or URLs or social media platforms registered or reserved in violation of this Section without reimbursement by Nu Skin or any of the other NSE Companies of any costs incurred by you or any owner of or Participant in Your Direct Seller Account.
2.2.4 DESIGNATION AS EMPLOYER PROHIBITED
You may not identify Nu Skin or any of the other NSE Companies as your employer on loan applications, government forms, employment verification requests, applications for unemployment compensation or any other form or document.
2.3 ORDERING PRODUCTS OR SERVICES
2.3.1 ORDERING PRODUCTS
You may order Nu Skin Products for personal consumption or for resale in India directly from Nu Skin or its product centres. There is no minimum order. Shipping and handling costs may vary depending on the amount of Nu Skin Products ordered.
2.3.2 TRANSFER OF TITLE
Title to and risk of loss for any Nu Skin Products you order transfers to you when the products are shipped.
2.3.3 INVENTORY
As a Direct Seller you have no specific inventory requirements. You must use your own judgment in determining inventory needs based upon reasonably projected retail sales and personal use. You are prohibited from ordering more than a reasonable amount of inventory.
2.3.4 METHODS OF ORDERING
Nu Skin does not accept orders on credit. Orders will not be shipped until they are paid in full. Payment must be made by cashier’s check, money order, credit card, cash, direct debit or personal or business check, or such other method as may be accepted by Nu Skin.
2.3.5 ISSUING CREDITS
Credit may be issued by Nu Skin in instances of overpayment, Nu Skin Product exchanges, or in other circumstances when an order cannot be completely filled.
2.3.6 PRICING AND PRODUCT CHANGES
Nu Skin maintains the right to change Nu Skin Product prices and the products that are offered and sold in India under the Nu Skin Brands without prior notice.
2.3.7 SUBMITTING ORDERS IN THE NAME OF ANOTHER DIRECT SELLER
You are prohibited from submitting orders in the name of another Direct Seller.
2.3.8 PAYMENTS WITHOUT SUFFICIENT FUNDS
If any check issued by you to Nu Skin is returned for insufficient funds or if any credit card payment made by you to Nu Skin is reversed, you must immediately make payment to Nu Skin for the full amount of the returned check or reversed credit card payment. If you fail to promptly make such payment you are in breach of the Contract.
2.3.9 USE OF ANOTHER INDIVIDUAL’S CREDIT CARD
You may not use a credit card that is not in your name or the name of a business owned by you to order Nu Skin Products.
2.3.10 RETAILING OF PRODUCTS
You may only resell Nu Skin Products in India. The Nu Skin Products you resell must be purchased from Nu Skin. You may not sell any products from other NSE Companies in India, and you may not resell Nu Skin Products in any other market.
2.4 PRODUCT REFUNDS AND EXCHANGES
2.4.1 REFUND POLICY
Subject to the terms of Nu Skin’s refund policy, which may be amended from time to time and which is incorporated herein by reference, all unopened, resalable Nu Skin Products and Nu Skin Business Support Materials are eligible for a 100% refund if returned within 30 days of the order date, an 80% refund if returned within 31-60 days of the order date (20% restocking fee), or a 75% refund if returned within 61-90 days of the order date (a 25% restocking fee), in each case less applicable Bonuses or rebates paid on such product purchases. Please view the most current refund policy online at nuskin.com/India. You may only return the Nu Skin Products or Nu Skin Business Support Materials you personally purchased from Nu Skin. You are not entitled to a refund of original shipping costs on Nu Skin Products or Nu Skin Business Support Materials that you return. In order for Nu Skin to correctly back out the applicable Bonuses on returned Nu Skin Products, you must keep the sales order number from the invoice. You must provide the sales order number at the time you request a refund. You may also return individual Nu Skin Products that are purchased as part of a kit or package. The form of the refund will be based on the original form of payment, such as a bank transfer or credit card charge. Instead of a refund, Nu Skin may choose other alternatives, such as a Nu Skin Product credit. The return of Nu Skin Products may affect your eligibility to receive Bonuses and your Title, and if Bonuses have already been paid on the returned Nu Skin Products, then Nu Skin will recoup your Bonuses as set forth below in Section 6.9 of this Chapter 2. Nu Skin does not provide refunds for Nu Skin Products purchased from another Direct Seller. You must seek a refund directly from the Direct Seller who sold you such Nu Skin Products.
2.4.2 EXCHANGE POLICY FOR PRODUCTS AND MATERIALS PURCHASED DIRECTLY FROM NU SKIN
Unless otherwise required by applicable law, Nu Skin will exchange Nu Skin Products or Nu Skin Business Support Materials purchased by you directly from Nu Skin that were incorrectly sent or are defective if you notify Nu Skin within 30 days of the date of purchase. If an exchange is not feasible, Nu Skin may issue (a) a credit for the amount of the exchanged Nu Skin Products or Nu Skin Business Support Materials, which may be used to purchase other Nu Skin Products or Nu Skin Business Support Materials, or (b) a full refund of the purchase price.
2.4.3 PROCEDURES FOR OBTAINING A REFUND OR EXCHANGE
You must comply with the following procedures to obtain a refund or exchange:
(a) You must receive approval for any return in the form of a Return Merchandise Authorization (“RMA”) number before you ship such return to Nu Skin. This approval may be obtained by contacting Customer Support either by telephone or in writing, and the actual return shipment must be accompanied by the RMA number (Return inquiries can be made via telephone at +91 120 7127177) or online at nuskin.com;
(b) Nu Skin will provide you with the correct procedures and location for returning the Nu Skin Products and/or Nu Skin Business Support Materials. You will not receive a refund of the original shipping costs on Nu Skin Products or Nu Skin Business Support Materials that you return. All return shipping costs must be paid by you;
(c) Nu Skin Products or Nu Skin Business Support Materials sent without an RMA number will not qualify for a refund or exchange and will be returned to you at your expense; and
(d) Procedures may vary in jurisdictions where different requirements are imposed by law.
2.5 RETAIL SALES AND CUSTOMER RETURNS
2.5.1 RETAIL SALES
You are authorized to resell Nu Skin Products you purchase from Nu Skin to Direct Retail Customers. Nu Skin Products purchased by you from Nu Skin may only be sold to Direct Retail Customers, used for product demonstrations, or used for your personal use. You may keep all of the profits you earn from retailing the Nu Skin Products to Direct Retail Customers.
2.5.2 NO WHOLESALING OF NU SKIN PRODUCTS
You may not sell or distribute Nu Skin Products to Persons who intend to resell the Nu Skin Products, have resold Nu Skin Products in the past, or you have reason to believe will resell the Nu Skin Products. You are prohibited from selling to Persons, either directly or indirectly, who ultimately (a) resell the Nu Skin Products through a retail store, (b) resell the Nu Skin Products over the internet, regardless of the form of internet distribution channel, unless it has been approved by Nu Skin in writing, (c) export the Nu Skin Products into any market outside of India, or (d) use any other method of distribution not authorized in the Contract that violates the primary purpose of your Nu Skin Business and that of Nu Skin. You must take reasonable steps to ensure that Persons who purchase Nu Skin Products from you do not intend to resell the Nu Skin Products.
2.5.3 RETAIL SALES RECEIPTS
You must provide Retail Sales Receipts to your Direct Retail Customers in accordance with the following requirements:
(a) You must provide the Direct Retail Customer with a Retail Sales Receipt at the time of the sale. The Retail Sales Receipt must include the items ordered, the date and amount of the sale, the Customer’s name, address, and telephone number, and your name, business address, and business telephone number. The Retail Sales Receipt must also reference the refund policy, or a separate statement of the refund policy must also be provided with the Retail Sales Receipt.
(b) You must keep a copy of the Retail Sales Receipt for your records. You must keep copies of all Retail Sales Receipts on file for at least four years. The amount of goods and services tax collected must be recorded on the Retail Sales Receipt.
A template Retail Sales Receipt can be found on the Reputation page of nuskin.com.
2.5.4 MONEY-BACK GUARANTEES, CUSTOMER REFUNDS, AND EXCHANGES FOR YOUR RETAIL CUSTOMERS
(a) You must offer a Direct Retail Customer a 30-day money-back guarantee. This means that you must, for any reason and upon request, give a full refund of the purchase price to the Direct Retail Customer on terms no less favourable than the Nu Skin refund policy. Nu Skin encourages you to honour your Direct Retail Customers’ requests for refunds even if made more than 30 days after the date of sale.
(b) If your Customer purchases a Nu Skin Product directly from Nu Skin, then Nu Skin will provide a refund in accordance with Nu Skin’s refund policy. Nu Skin’s Refund Policy for purchases made directly from Nu Skin can be found on Nu Skin’s website at nuskin.com.
2.6 SALES PERFORMANCE PLAN
2.6.1 SALES PERFORMANCE PLAN
A complete copy of the Sales Performance Plan has been provided to you. The Sales Performance Plan is a part of the Contract, and you and Your Direct Seller Account are bound to its terms. The Sales Performance Plan may be changed by Nu Skin at any time with 30 days’ notice. A copy of the current Sales Performance Plan may be found by logging in to your Nu Skin Account.
2.6.2 EXCEPTIONS TO SALES PERFORMANCE PLAN
Nu Skin, in its sole discretion, has the right to hold, maintain, or promote a Direct Seller Account to any Title in the Sales Performance Plan applicable to that Direct Seller Account without regard to fulfilment of Title requirements, to grandfather a Direct Seller Account from the application of one or more provisions of a new or modified compensation plan applicable to such Direct Seller Account, to allow a Direct Seller Account to remain on one or more provisions of a Sales Performance Plan applicable to such Direct Seller Account after that Sales Performance Plan is changed by Nu Skin, or waive any other obligation or requirement of the current Sales Performance Plan applicable to a Direct Seller Account. Unless otherwise agreed in writing by Nu Skin, Nu Skin may terminate any exception to the current Sales Performance Plan applicable to a Direct Seller Account granted for a Direct Seller or Direct Seller Account, or terminate any waiver of any obligation or requirement of the current Sales Performance Plan applicable to a Direct Seller Account granted to any Direct Seller or Direct Seller Account at any time and for any reason, whether granted pursuant to this Section 6.2 of this Chapter 2 or otherwise.
2.6.3 NO COMPENSATION FOR SPONSORING
Direct Seller Accounts do not receive any compensation for sponsoring Direct Sellers. The level of compensation paid to Your Direct Seller Account will be based on the hard work of the owner of and the Participants in that Direct Seller Account (including you), the sale of Nu Skin Products by such owner and Participants, and the sales of Nu Skin Products by Your Team.
2.6.4 NO GUARANTEED INCOME
You are neither guaranteed a specific income nor assured any level of profit or success. Generating meaningful compensation as a Direct Seller requires considerable time, effort, and commitment to the business. You should operate your Nu Skin Business and, if you are the owner of an Individual Direct Seller Account or the Primary Participant in a Business Entity Direct Seller Account, your Direct Seller Account or the Direct Seller Account for which you are the Primary Participant, in a financially responsible and businesslike manner. You should not (a) incur debt to purchase Nu Skin Products or Nu Skin Business Support Materials and Services, (b) quit your current employment, or (c) incur expenses that exceed the amount of your portion of Bonuses and special incentives paid to Your Direct Seller Account. This is not a “get rich quick” program. Your profit comes only through the successful sale of Nu Skin Products by you and the owner of and the Participants in Your Direct Seller Account and the sales of Nu Skin Products by other Direct Sellers within Your Team.
2.6.5 MANIPULATION OF SALES PERFORMANCE PLAN
Maintaining the integrity of the Sales Performance Plan is of vital importance to Nu Skin. You must abide by the terms and conditions of the Sales Performance Plan and you may not, in any form, use false identification numbers, false names, or false Direct Seller Accounts, buy additional Nu Skin Products to maintain a Title, warehouse Nu Skin Products, or use any other form of manipulation that violates the terms and conditions of the Sales Performance Plan or its spirit and intent.
2.6.6 BONUSES AND SPECIAL INCENTIVES
In addition to the retail profits you can earn from your resale of Nu Skin Products to Direct Retail Customers, your Direct Seller Account can also receive a Bonus under the Sales Performance Plan and special incentives, if any, awarded by Nu Skin applicable to Your Direct Seller Account, subject to the following:
(a) Your Direct Seller Account may not receive any Bonuses or special incentives if any owner of or Participant in the Direct Seller Account (including you) is in violation of the Contract;
(b) The requirements for receiving a Bonus and any special incentive, and the terms for determining the amount of the Bonus or special incentive, may be changed by Nu Skin at any time upon 30 days’ notice;
(c) Bonuses and special incentives may be paid by wire transfer, check, or any other method chosen by Nu Skin;
(d) Unless otherwise required by local law, Nu Skin will only pay Bonuses and special incentives to a bank account that has been established for the owner of the Direct Seller Account within India;
(e) No interest accrues on Bonuses or special incentives when the payment of Bonuses or special incentives has been delayed by Nu Skin for any reason; and
(f) Nu Skin will pay no Bonuses or special incentives until the aggregate accrued monthly Bonuses and special incentives are equal to or greater than 1000 INR. If Your Direct Seller Account is terminated, any unpaid accrued Bonuses and special incentives under the 1000 INR minimum will be forfeited.
2.6.7 RETAIL SALES VERIFICATION
You must retain documentation of Customer sales and must make such records available to the Company upon request.
2.6.8 TIMING
An order for Nu Skin Products is included in the Bonus and Brand Representative qualification computations for a given period only if received by Nu Skin on or before the last business day of that period.
2.6.9 BONUS RECOVERY
(a) In addition to any other recovery rights provided in these Policies and Procedures, Nu Skin has the right to require the owner of and each of the Participants in a Direct Seller Account to repay any Bonuses or special incentives paid to the Direct Seller Account:
(i) On Nu Skin Products returned under the applicable refund policy;
(ii) On Nu Skin Products returned in relation to any incident of Direct Seller misconduct;
(iii) That were mistakenly paid by Nu Skin; or
(iv) On account of violations of Section 6.5 of this Chapter 2. In the event any owner of or Participant in Your Direct Seller Account violates the provisions of Section 6.5 of this Chapter 2, in addition to any other remedies available to Nu Skin, Nu Skin shall have the right to adjust the Title of Your Direct Seller Account and recalculate the Bonuses and special incentives paid to Your Direct Seller Account for the period in which such activities occurred by disregarding the volume from Nu Skin Products that were returned, that were purchased in order to maintain Brand Representative Title, or any other activity that violates Section 6.5 of this Chapter 2. The owner of and the Participants in Your Direct Seller Account must repay any Bonuses and special incentives that were paid to Your Direct Seller Account in excess of the adjusted Bonus or special incentives calculated by Nu Skin as set forth above.
(b) If the owner of or Participants in Your Direct Seller Account (including you) are obligated to repay to Nu Skin any Bonuses or special incentives paid to Your Direct Seller Account, Nu Skin will have the right to recover such amount by (i) requiring a direct payment of the amount from you and/or each owner of and Participant in the Direct Seller Account, (ii) withholding the amount from present or future Bonus or special incentive payments to Your Direct Seller Account, or (iii) withholding future amounts payable to you under any other agreement between you and Nu Skin or another of the NSE Companies.
(c) Extension of Nu Skin’s refund policy, whether required by applicable law or instances in which Direct Seller misconduct, misrepresentation, or other extenuating circumstances necessitate a refund in excess of the applicable stated refund policy, will be considered on a case-by-case basis. In the event Nu Skin is required to make a refund that exceeds the terms of the applicable refund policy, Nu Skin may recoup Bonuses and special incentives paid to Your Direct Seller Account on those Nu Skin Products.
2.6.10 PAYMENT CORRECTIONS
It is the duty of the owner of an Individual Direct Seller Account and the owner and Primary Participant of a Business Entity Direct Seller Account to make sure that the Bonuses and any special incentives paid to the Direct Seller Account are correct. If an error is discovered in the payment of a Bonus or any special incentives to the Direct Seller Account, the owner of an Individual Direct Seller Account and the owner and Primary Participant of a Business Entity Direct Seller Account must notify Nu Skin within 90 days after the receipt of the incorrect Bonus or special incentives. If Nu Skin is not notified of any errors or disputes with respect to a Bonus or special incentive payment to Your Direct Seller Account within this 90-day period, you and each owner of and Participant in Your Direct Seller Account (a) will be deemed to have accepted the payment as full and complete payment of any Bonuses or special incentives earned by Your Direct Seller Account during such Bonus or special incentive period, and (b) will have no further right to dispute the Bonus or special incentive payment or seek payment of any additional Bonus or special incentives.
2.7 PRODUCT LIABILITY CLAIMS AND INDEMNIFICATION
2.7.1 INDEMNIFICATION
In the event of a product liability claim brought against you by a third party for a defective Nu Skin Product or for injury from use of a Nu Skin Product, Nu Skin will indemnify and defend you from such claims, subject to the limitations described in Section 7.2 of this Chapter 2.
2.7.2 REQUIREMENTS FOR INDEMNIFICATION
In order to be indemnified and defended in accordance with Section 7.1 of this Chapter 2, you must notify Nu Skin of the claim in writing within 10 days of your receiving notice of the claim. Nu Skin has no obligation to indemnify or defend you if you have (a) violated the Contract; (b) repackaged, altered, or misused the Nu Skin Product, or made claims or given instructions about the safety, uses, or benefits of the Nu Skin Product which are not included in Nu Skin’s current approved literature, warnings, or product labels; or (c) settled or attempted to settle a claim without Nu Skin’s written approval. In addition, indemnification is conditioned upon you allowing Nu Skin to assume the sole defence of the claim.
2.7.3 INDEMNIFICATION BY YOU
You agree to indemnify and defend the Nu Skin Beneficiaries from any product liability claims by a third party regarding Nu Skin Products that arises directly or indirectly because you or any owner of or Participant in Your Direct Seller Account has (a) violated the Contract in connection with the marketing or sale of the Nu Skin Products at issue; (b) repackaged, altered, or misused the Nu Skin Products at issue, or made claims or given instructions about the safety, uses, or benefits of the Nu Skin Products at issue which are not included in Nu Skin’s current approved literature, warnings, or product labels, or (c) settled or attempted to settle a claim without Nu Skin’s written approval. Each of the Nu Skin Beneficiaries not a party to the Contract are third-party beneficiaries of this agreement to indemnify and defend.
2.8 GOODS AND SERVICES TAX
Nu Skin provides the service of collecting goods and services tax at the time of your purchase of Nu Skin Products and remitting it to your state. The amount of goods and services tax is based upon the price paid for a Nu Skin Product, calculated at the applicable tax rate.
2.9 ASSOCIATING OTHER ORGANIZATIONS WITH NU SKIN
The Nu Skin Business opportunity is not based on race, gender, beliefs, or political affiliations. When you are training Your Team, selling Nu Skin Products, or promoting the business opportunity or other Nu Skin-affiliated programs, you may not promote, advocate, sell, or include literature, books, or other material that promotes any individual or non-Nu Skin affiliated organization, whether religious, political, business, or social, or that implies any association between Nu Skin and any non-Nu Skin affiliated organization. Nu Skin and Direct Seller meetings, calls, or any other functions may not be used as a forum to promote or express personal beliefs, or to promote other organizations, companies, events, or individuals.
Chapter 3 | Advertising
3.1 BUSINESS SUPPORT MATERIALS AND TRADEMARK USE
3.1.1 USE OF BUSINESS SUPPORT MATERIALS
You may use Nu Skin Business Support Materials or you may create your own Direct Seller Business Support Materials (a) to present the Nu Skin Business, Nu Skin Products, and the Sales Performance Plan to prospective Direct Sellers in India or for training other Direct Sellers in India and (b) to promote Nu Skin Products in India, provided, however, that any Direct Seller Business Support Materials that you create (i) must comply with these Policies and Procedures, any guidelines and supplemental policies referenced herein, and all applicable laws and regulations, (ii) must appropriately reflect the rules, requirements, sales performance plan structure, and/or product claims applicable to a Direct Seller operating a Nu Skin Business in India, and (iii) must be used in accordance with the requirements set forth in this Chapter 3. You may not sell or offer for sale any Nu Skin Business Support Materials or Direct Seller Business Support Materials. In addition, because laws and regulations differ from market to market, you may only use Nu Skin Business Support Materials that have been specifically approved by Nu Skin for use in India.
3.1.2 USE OF TRADEMARKS AND COPYRIGHTS
(a) Use of Trademarks and Copyrights of the NSE Companies. Trademarks and copyrights of the NSE Companies (including, without limitation, the Nu Skin Brands) are valuable assets of the NSE Companies (including, without limitation, Nu Skin and NSE Products, Inc.), and the NSE Companies (including, without limitation, Nu Skin and NSE Products, Inc.) strictly regulate the use of these trademarks and copyrights to ensure that they do not lose their value to the NSE Companies or Direct Sellers. You may not use trademarks, copyrights, or other intellectual property of the NSE Companies (including, without limitation, the Nu Skin Brands), registered or otherwise, in any form except as specifically authorized by these Policies and Procedures or as otherwise approved in writing by Nu Skin. Nu Skin may prohibit the use of trademarks or copyrights of the NSE Companies (including, without limitation, the Nu Skin Brands), including any variations thereof, in any Direct Seller Business Support Materials or other medium.
(b) Damages. You are liable to Nu Skin and the other NSE Companies for any damages arising out of your misuse of trade names, trademarks, copyrights, logos, and other intellectual property of the NSE Companies (including, without limitation, the Nu Skin Brands), in any form except as specifically authorized by these Policies and Procedures or as otherwise approved in writing by Nu Skin.
3.2 PRODUCT CLAIMS
3.2.1 GENERAL LIMITATION
You may only make claims or representations related to Nu Skin Products that have been approved by Nu Skin for use in India, including without limitation in any Direct Seller Business Support Materials for India. Approved claims or representations may be found on Nu Skin’s India website for India at nuskin.com.
3.2.2 NO MEDICAL CLAIMS
You may not make medical claims or state or imply that any Nu Skin Product is formulated, designed, or approved by Nu Skin or any regulatory authority to treat any disease or medical condition. These representations imply that the products are drugs rather than cosmetics or nutritionals. You also may not compare Nu Skin Products to drugs or make drug or medical claims. Any such representations, claims, or comparisons by you may result in your personal liability.
3.2.3 NO FSSAI/CDSCO APPROVED CLAIMS
You should not state or imply that any Nu Skin Product is registered or approved by the Food Safety and Standards Authority of India (“FSSAI”), Central Drugs Standards Control Organization (“CDSCO”), or any other regulatory authority. The FSSAI and the CDSCO do not require or grant specific approval for the individual cosmetic or nutritional products sold by Nu Skin. When making product benefit claims or giving personal testimonials regarding nutritional products that are “structure/function” claims, the claim or testimonial must be accompanied by the following disclaimer:
“These statements have not been evaluated by the Food Safety and Standards Authority of India (FSSAI) or any other regulatory authority. This product is not intended to diagnose, treat, cure, or prevent any disease.”
Structure/function claims describe the role of a nutrient or dietary ingredient intended to affect normal structure or function in humans (for example, “calcium builds strong bones”). They are not pre-approved by any regulatory authority but must be truthful and not misleading.
3.2.4 BEFORE AND AFTER PHOTOGRAPHS
Only those pictures and videos that have been previously approved and/or published by Nu Skin for use in India may be used to demonstrate benefits of Nu Skin Products, except as otherwise directed in the business advisories, Social Sharing Guidelines, and Product Testimonial Guidelines for India, which may be found here.
3.2.5 TESTIMONIALS
Testimonials must disclose important facts that are relevant to consumers making a buying decision. You must thoroughly familiarize yourself with and follow all the current rules and conditions Nu Skin has published in the Product Testimonial Guidelines for India, found here, whenever sharing your experience with any Nu Skin Product.
3.2.6 MODIFICATIONS TO PRODUCT PACKAGING OR PRODUCT INSTRUCTIONS
You may not modify any packaging, labels, literature, or instructions for use for any Nu Skin Product. You may not give instructions to use a Nu Skin Product not contained in current Nu Skin literature for India. Any such modifications or instructions by you may result in your personal liability.
3.3 INCOME OPPORTUNITY CLAIMS
3.3.1 NO MISLEADING INCOME OPPORTUNITY CLAIMS
It is important that all Direct Sellers are fully informed and have realistic expectations concerning the income opportunity associated with being a Direct Seller. To help make sure all Direct Sellers have realistic expectations, you must comply with the provisions of this Section 3 in all aspects of your Business Activities. Most importantly, you may not make any claims, specific or implied, regarding the income opportunity that are false or misleading, including income guarantees of any kind. You may not exhibit actual or facsimile Bonus checks.
3.3.2 REQUIREMENTS FOR LIFESTYLE AND INCOME CLAIMS
You may only make lifestyle and income claims associated with your Nu Skin Business or the Nu Skin Business opportunity if the following conditions are met:
(a) The information must be accurate and not misleading; and
(b) The information must comply with all the current rules and conditions that Nu Skin has published in the Opportunity Testimonial Guidelines for India, which can be found here.
3.4 MASS MEDIA
3.4.1 PROMOTIONS UTILIZING MASS MEDIA PROHIBITED
You may not use any form of mass media or other mass communication advertising to promote Nu Skin Products or the Nu Skin Business opportunity. This includes news stories or promotional pieces on TV shows, newscasts, entertainment shows, internet ads, etc. Nu Skin Products and the Nu Skin Business opportunity may be promoted only by personal contact, by literature produced and distributed by Nu Skin or the other NSE Companies, or by Direct Seller Business Support Materials created by you in accordance with these Policies and Procedures.
3.4.2 MEDIA INTERVIEWS
You may not promote Nu Skin Products or the Nu Skin Business opportunity through interviews with the media, articles in publications, news reports, or any other information source available to the general public or to a specific trade or industry unless specifically authorized in writing by the Public Relations Department of the NSE Companies. This includes private, paid membership, or “closed group” publications. You may not speak to the media on behalf of Nu Skin or any of the other NSE Companies, and you may not represent that you have been authorized by Nu Skin or any of the other NSE Companies to speak on their behalf. All media contacts or inquiries should be immediately referred to the Public Relations Department of the NSE Companies by calling +91 120 712 7177.
3.5 RETAIL STORE AND SERVICE ESTABLISHMENT SALESPOLICY
3.5.1 RETAIL STORES
You may not sell Nu Skin Products or promote the Nu Skin Business opportunity through retail stores such as health food stores, grocery stores, and other such establishments. You are also prohibited from selling to any Person who will ultimately sell the Nu Skin Products through retail stores or over the internet as set forth in Section 5.2 of Chapter 2. However, you may, with the prior consent of a retail establishment, place Nu Skin Business Support Materials or Direct Seller Business Support Materials promoting Nu Skin Products within a retail establishment. However, such materials must not be visible to the general public in a manner as to attract the general public into the retail establishment.
3.5.2 SERVICE ESTABLISHMENTS
If you own or are employed by a service-related establishment, you may provide Nu Skin Products to Customers through this establishment as long as you are providing proper pre-screening and ongoing support to these Customers as called for by the Contract.
(a) A service-related establishment is one whose revenue is earned primarily by providing personal service rather than by selling products and whose use by customers is controlled by membership or appointment.
(b) Direct Sellers may only sell Nu Skin Products through service-related establishments that provide services related to Nu Skin Products.
(c) Direct Seller Business Support Materials for Nu Skin Products may be displayed within or on the exterior or outside of a service-related establishment, subject to the owner’s prior approval.
3.5.3 NU SKIN’S RIGHT OF FINAL DETERMINATION
Nu Skin reserves the right, in its sole discretion, to make a final determination as to whether an establishment is service-related or is a proper place for the sale or promotion of Nu Skin Products.
3.6 ONLINE SELLING AND PROMOTION
3.6.1 SOCIAL MEDIA
You may use social networking sites, personal blogs, social media platforms, and other sites that have content that is based on user participation and communication to (a) communicate information about Nu Skin and your involvement with Nu Skin as a Direct Seller, (b) post approved information about Nu Skin Products and the Nu Skin Business opportunity, (c) direct users to a Company Site, and (d) post Direct Seller Business Support Materials. You must know and comply with all the current rules and conditions published in the Social Sharing Guidelines for India, which can be found here. You are also required to comply with the terms and conditions, community standards, rules, and other requirements of any such sites or platforms that you use.
3.6.2 SOCIAL SELLING
You may sell Nu Skin Products on platforms and websites that have been approved by Nu Skin in accordance with the Social Sharing Guidelines to support person to person sharing and selling. You must know and comply with all the current rules and conditions published in the Social Sharing Guidelines for India, which can be found here.
3.6.3 ONLINE AUCTION SITES AND ONLINE MARKETPLACES
Nu Skin Products may not be sold via any online marketplace or auction site (e.g., Indiamart, Flipkart, Amazon, eBay, Facebook Buy and Sell groups, Etsy, etc.) where product or services are sold by multiple third parties and/or where transactions are processed by the marketplace operator.
3.6.4 ADDITIONAL RESTRICTIONS ON INTERNET USE
All websites, apps, and other tools created by a Direct Seller must comply with the following additional restrictions:
(a) You may not include any of the NSE Companies’ or a third party’s (unless you have written permission from such third party) intellectual property or proprietary information in the unique domain names/URL or meta-tags of your websites or in any other manner which may directly attract customers to access your content, including but not limited to ALT tags, links, blog names, social media page or profile names, or applications; and
(b) You may not register your website(s) with search engines or web directories using any of the NSE Companies’ or a third–party's intellectual property or any proprietary information (e.g., trademarks, trade names, trade secrets, and copyrighted material) without prior written permission from the owner of such intellectual property or proprietary information.
Nu Skin has the right to make the determination, in its sole discretion, whether your online activities are permitted under this Section 6 or whether any website, app, tool, or platform is considered a Direct Seller Business Support Material. Additionally, you must comply with Nu Skin published guidelines governing online promotion and selling. These guidelines may change from time to time, and it is your responsibility to know the current guidelines and comply with them. In case of a violation, in addition to taking disciplinary action against you in accordance with Chapter 6 of these Policies and Procedures, Nu Skin may require you to immediately remove any content or information that is in violation of Nu Skin policies or guidelines.
3.6.5 SPAM
You must comply with all laws regarding the sending of text messages and email messages, and it is your duty to become and remain informed about the requirements of these laws. You are prohibited from sending unsolicited text messages or email regarding your website or Direct Seller Account to individuals who have not specifically requested information regarding the Nu Skin Business opportunity and/or Nu Skin Products. In the event an individual who has formerly agreed to receive email or text messages concerning the Nu Skin Business opportunity and/or Nu Skin Products later requests that you cease sending them texts or email, you must honour this request immediately.
3.7 LEAD GENERATION SERVICES; MEETINGS AND EVENTS
3.7.1 LEAD GENERATION SERVICES
Before you sell, purchase, or use any lead in the promotion of your Nu Skin Business, you must verify that the lead has been properly obtained and is legal for use in the area where you are contacting the identified lead. This includes but is not limited to ensuring compliance with “Do Not Call” lists in the region or state where the lead’s address is located. Any violation of laws related to leads is the sole responsibility of the Persons providing and contacting the leads. The Person committing the violation must indemnify Nu Skin and the other Nu Skin Beneficiaries for any costs or damages arising from regulatory or personal challenges to the use of the lead.
3.7.2 MEETINGS AND EVENTS; NO SPEAKING FEES
You may not charge a fee to speak at any Direct Seller meeting. However, you may be reimbursed for your reasonable out-of-pocket expenses (e.g., travel, hotel, meals) that you incur in attending and speaking at a Direct Seller meeting. In the event you are organizing a meeting or other function to be attended by Direct Sellers, you may charge a fee to Direct Sellers attending the meeting or other function, but such fee must not be more than is necessary to cover the costs of such meeting or other function.
You may not mislead individuals regarding the purpose of seminars, opportunity meetings, trainings, or any other events at which the Nu Skin Business opportunity will be discussed and/or presented. At the time of invitation, you must clearly convey to prospective attendees the purpose of the event. If you intend to conduct events that are not related to Nu Skin Products, the Nu Skin Business opportunity, or other Nu Skin-affiliated programs, you may not promote such events using Nu Skin’s Network or contacts.
3.8 RECORDING OF NU SKIN EVENTS AND EMPLOYEES
You may record any event sponsored by Nu Skin or another of the NSE Companies or any speech or other presentation made by an employee or other representative of Nu Skin or another of the NSE Companies at any meeting, event, or otherwise if it is only for your own private use and is not posted, distributed, copied, or broadcast in any format or media and is not shown to any other Direct Sellers, prospective Direct Sellers, or Customers regardless of the setting. Except for recordings for private use as described in this Section 8, you may not record any event sponsored by Nu Skin or another of the NSE Companies or record any speech or other presentation made by an employee or other representative of Nu Skin or another of the NSE Companies at any meeting, event, or otherwise without the prior written consent of Nu Skin.
Chapter 4 | Sponsoring
4.1 BECOMING A SPONSOR
4.1.1 REQUIREMENTS
You may only cause Your Direct Seller Account to be a Sponsor of a new Direct Seller if you meet all the requirements and accept all the responsibilities described in the Contract.
4.1.2 THE PLACEMENT OF NEW DIRECT SELLERS
You may refer Persons to become Direct Sellers of Nu Skin by having them submit an Application and Direct Seller Agreement to Nu Skin. Upon acceptance by Nu Skin of the Application and Direct Seller Agreement, the applicants become new Direct Sellers and are placed in the Nu Skin Systems directly below the Direct Seller Account of the Sponsor they identify at sign-up. Although a newly sponsored Direct Seller may be referred to as part of Your Team or the Team of Your Direct Seller Account, this does not create in you or in any Direct Seller Account owned by you or in which you are a Participant any form of ownership interest in the Direct Seller Account of the newly sponsored Direct Seller or with respect to any information regarding that Direct Seller Account. All Direct Sellers are part of the Network, and the Network and any information regarding the Network are an asset that is owned solely by Nu Skin and its affiliated companies and not the Sponsor or any other Direct Seller.
4.2 RESPONSIBILITIES OF A SPONSOR
4.2.1 WHO IS THE SPONSOR
In the event a new Direct Seller is recruited and sponsored by an individual owner or Spouse Participant in an Individual Direct Seller Account, the Individual Direct Seller Account is the Sponsor of the new Direct Seller. The individual owner and the Spouse Participant shall not be treated as the Sponsor of such new Direct Seller and shall not have any individual rights with respect to such new Direct Seller. In the event a new Direct Seller is recruited and sponsored by the Business Entity owner of or a Participant (including the Primary Participant) in a Business Entity Direct Seller Account, the Business Entity Direct Seller Account is the Sponsor of the new Direct Seller. The Business Entity owner of and any Participants (including the Primary Participant) in such Business Entity Direct Seller Account shall not be treated as the Sponsor of such new Direct Seller and shall not have any individual rights with respect to such new Direct Seller.
4.2.2 TRAINING YOUR TEAM
You must supervise, train, support, and have ongoing communication with (a) any Direct Seller that you recruit and cause to be sponsored by Your Direct Seller Account and (b) Your Team in a manner consistent with the terms of the Contract. Your responsibilities include, but are not limited to:
(a) Provide regular retail sales and organizational training, guidance, and encouragement to Your Team;
(b) Exercise your best efforts to make sure that all Direct Sellers in Your Team properly understand and comply with the terms and conditions of their Direct Seller Agreement and Contract with Nu Skin to conduct Business Activities as a Direct Seller, as well as applicable national and local laws, ordinances, and regulations;
(c) Intervene in any disputes arising within Your Team or between a Customer and any of Your Team and attempt to resolve the disputes promptly and amicably;
(d) Maintain contact with Your Team and be available to answer questions;
(e) Provide training to ensure that the Nu Skin Product sales and opportunity meetings conducted by Your Team are conducted in accordance with the Contract, current Nu Skin literature, and in accordance with any applicable laws, ordinances, and regulations;
(f) Monitor the activities of those Direct Sellers you personally recruit and cause to be sponsored by Your Direct Seller Account and those in Your Team, and work in good faith with Nu Skin to prevent the violation of these Policies and Procedures or manipulation of the Sales Performance Plan;
(g) Supervise and assist Your Team’s efforts to sell Nu Skin Products to Customers; and
(h) Cooperate with Nu Skin or another of the NSE Companies regarding investigations of you or Your Team, be truthful and forthright regarding statements made to Nu Skin or another of the NSE Companies in connection with investigations of you or Your Team, and, upon request from Nu Skin or another of the NSE Companies, provide all relevant documents and other information pertaining to any investigation conducted by Nu Skin or another of the NSE Companies regarding the Network, whether an investigation of you or Your Team or otherwise.
4.2.3 LINE SWITCHING
You may not encourage, entice, or otherwise assist another Direct Seller to transfer to a different Sponsor. To do so constitutes an unwarranted and unreasonable interference with the contractual relationship between Nu Skin and Direct Sellers. This prohibition includes, but is not limited to, offering financial or other tangible incentives for another Direct Seller to terminate an existing Direct Seller Account and then create a new Direct Seller Account under a different Sponsor. You agree that a violation of this rule inflicts irreparable harm on Nu Skin and the Network and agree that injunctive relief is an appropriate remedy to prevent that harm. Nu Skin or another of the NSE Companies may also impose penalties on any Direct Seller Account that through its owner or its Participants solicits or entices an existing Direct Seller to change lines of sponsorship. In addition to the above, Nu Skin prohibits you from encouraging, enticing, or otherwise assisting a Member or a Retail Customer registered to another Direct Seller to register with a different Direct Seller, and Nu Skin or another of the NSE Companies may impose penalties on any Direct Seller Account that through its owners and/or Participants solicits or entices a Member or a Retail Customer registered to another Direct Seller to register with a different Direct Seller. Further, Nu Skin does not condone the practice of approaching another Direct Seller’s Direct Retail Customers or contacts in order to promote Nu Skin Products or the Nu Skin Business opportunity.
4.2.4 NO PURCHASE OF PRODUCTS OR BUSINESS SUPPORT MATERIALS AND SERVICES REQUIRED
There is no required purchase to become a Direct Seller. You may not require any Direct Seller or prospective Direct Seller to purchase any Nu Skin Products, Nu Skin Business Support Materials and Services, or Direct Seller Business Support Materials, or imply that any such purchase is required.
4.2.5 CORRECT INFORMATION ON FORMS
You may not encourage or assist any Direct Seller or prospective Direct Seller to provide false or inaccurate information in their Application, Direct Seller Agreement, or any other form provided to Nu Skin or any of the other NSE Companies.
4.2.6 YOUR TEAM’S COMMUNICATION WITH NU SKIN
You may not discourage, attempt to prevent, or prevent, for any reason, any Direct Seller from directly contacting Nu Skin or discourage, attempt to prevent, or prevent, for any reason, Nu Skin from directly contacting any Direct Seller. It is your duty to facilitate communication between any Direct Seller on Your Team and Nu Skin at the request of such Direct Seller or at the request of Nu Skin.
4.3 NO INTERNATIONAL BUSINESS
You may not conduct Business Activity as a Direct Seller in any market outside of India.
Chapter 5 | Restrictive Covenants
5.1 OWNERSHIP OF NETWORK
You acknowledge and agree that: (a) the Network is protected as a valuable, proprietary, trade secret asset that is owned by Nu Skin and its affiliated companies; (b) Direct Sellers do not have an ownership interest or any other interest or rights in the Network; (c) Direct Sellers are authorized to utilize the Network solely to engage in authorized Business Activities and to promote Nu Skin Products through the Network; and (d) the protection of the Network from unauthorized use by Direct Sellers is fundamental to the ongoing success of Nu Skin, the other NSE Companies, and Direct Sellers.
5.2 RESTRICTIVE COVENANTS
5.2.1 THIRD-PARTY PRODUCTS
(a) Sales of Third-Party Products; Promotion of Business Opportunity of Selling Third-Party Products. Subject to the restrictions set forth in paragraph (b) below, you are permitted while a Direct Seller (but not as Business Activity as a Direct Seller) to promote, market, or sell products or services of an individual or Business Entity that is not one of the NSE Companies (collectively, “Third-Party Products”), including Third-Party Products that may be similar to and may compete with Nu Skin Products in the health, beauty, and wellness marketplace, to Direct Sellers, Customers, and/or other Persons in and out of the Network. However, you may not, while a Direct Seller (i) promote or offer the business opportunity of selling Third-Party Products to a Direct Seller, Customer, or other Person in the Network, (ii) promote or offer the business opportunity of selling Third-Party Products to any Person in conjunction with the sale of Nu Skin Products or the promotion or offering of the Nu Skin Business opportunity of selling Nu Skin Products, (iii) package Third-Party Products with Nu Skin Products, or (iv) offer or promote Third-Party Products or the business opportunity of selling Third-Party Products at or during meetings, calls, or any other Nu Skin-related functions organized or sponsored by Nu Skin or any of the other NSE Companies. For clarity, the restrictions set forth in this paragraph shall not apply to Partner Products.
(b) Non-Solicitation for a Direct Sales Company. You may not in any manner while a Direct Seller, directly or indirectly, recruit, solicit, or sponsor any Direct Seller, Customer, or any other Person in the Network to (i) form a relationship with, (ii) promote, sell, or purchase the products or services of, (iii) participate as a salesperson of, or (iv) otherwise associate with, a Direct Sales Company, or encourage any Direct Seller, Customer, or any other Person in the Network to do so or to alter or terminate their relationship with Nu Skin or any of the other NSE Companies.
5.2.2 SALES PERFORMANCE PLAN ELIGIBILITY TO BE PAID ON GENERATIONS THREE TO SIX
(a) The Sale Performance Plan provides that the owner of and Participants in a Direct Seller Account must not be involved in Business Development Activities for another Direct Sales Company in order for the Direct Seller Account to be eligible to be paid on Generations 3 through 6 of its Team and to be recognized as a Ruby Title or higher. You acknowledge and agree that the level of compensation payable on Generations 3 through 6 to a Direct Seller Account is intended to compensate the Direct Seller Account as a key Direct Seller leader who has elected to exclusively promote the Nu Skin Business opportunity and to train Direct Sellers on its Team to promote the Nu Skin Business. Therefore, as a condition to Your Direct Seller Account receiving ongoing breakaway compensation on Brand Representative Levels 3 through 6 on its Team, and recognition of Your Direct Seller Account or any owner of or Participant in Your Direct Seller Account (including you) as a Ruby or higher Direct Seller leader at Nu Skin events and events of other NSE Companies, each owner of and Participant in Your Direct Seller Account (including you) may not be engaged in any Business Development Activity for any Direct Sales Company other than the NSE Companies.
(b) If any owner of or Participant in Your Direct Seller Account (including you) engages in Business Development Activity for any Direct Sales Company while Your Direct Seller Account has a Title of Ruby or higher, then Your Direct Seller Account will not be eligible to receive any Leading Bonus (as this term is defined in the Sales Performance Plan) on Brand Representative Generations 3 to 6 on its Team during any period in which any owner of or Participant in Your Direct Seller Account (including you) (i) engages in any Business Development Activity for any Direct Sales Company, or (ii) maintains a Beneficial Interest in any form with respect to a Direct Sales Company, regardless of the number of Brand Representatives on the first Generation of Your Direct Seller Account, the number of Leadership Teams (as this term is defined in the Sales Performance Plan) of Your Direct Seller Account, or other qualifications for payment on Generations 3 to 6 of Your Direct Seller Account.
(c) Within 5 business days of the first engagement in any Business Development Activity for any Direct Sales Company by any owner of or Participant in Your Direct Seller Account, you agree to notify Nu Skin that you or any owner of or Participant in Your Direct Seller Account is engaged in such Business Development Activity. You further agree that upon engaging in such Business Development Activity, if Your Direct Seller Account has a Title of Ruby or higher, then Your Direct Seller Account will no longer be eligible to receive Leading Bonuses on Brand Representative Generations 3 through 6 as set forth in the preceding paragraph (b). You further agree that you and each owner of and Participant in Your Direct Seller Account (i) will be liable to refund to Nu Skin any such Leading Bonuses paid to Your Direct Seller Account during any period following engagement in any such Business Development Activity, whether or not you provide the notice to Nu Skin as required by this paragraph (c), and (ii) Nu Skin will have the right to recover any such amount by offsetting such liability against any other Bonuses or special incentives, past, present, or future, that may be payable to Your Direct Seller Account under the Sales Performance Plan. Failure to notify Nu Skin of engagement in any Business Development Activity for any Direct Sales Company by the owner of or the Participants in Your Direct Seller Account will be considered a violation of these Policies and Procedures and may result in other action being taken by Nu Skin or another of the NSE Companies, including termination of Your Direct Seller Account and your right to be a Direct Seller.
5.2.3 CONFIDENTIAL INFORMATION
As a result of your position as a Direct Seller, you have access to Confidential Information that you acknowledge to be proprietary, highly sensitive, and valuable to the business of Nu Skin and the other NSE Companies, which information is available to you solely and exclusively for purposes of furthering the sale of Nu Skin Products and prospecting, training, and sponsoring individuals and Business Entities that wish to become Direct Sellers, and to further build and promote your Nu Skin Business. You and Nu Skin acknowledge and agree that, but for your agreement of confidentiality and nondisclosure, Nu Skin would not make Confidential Information available to you. You agree that upon your resignation as a Direct Seller, the termination of Your Direct Seller Account, or the sale or other transfer of Your Direct Seller Account, you will promptly destroy or return to Nu Skin all Confidential Information. You agree that this Section 2.3 (including the prohibitions set forth herein below) will survive the termination or expiration of your Direct Seller Agreement. During any term of the Direct Seller Agreement, and for a period of two years after the termination or expiration of the Direct Seller Agreement, you will not, for any reason, on your own behalf, or on behalf of any other Person:
(a) Disclose, directly or indirectly, to any Person not a Direct Seller or an employee of Nu Skin or another of the NSE Companies any Confidential Information, including, but not limited to, Confidential Information related to or contained in the Network, without the prior written consent of Nu Skin;
(b) Disclose, directly or indirectly, passwords or other access codes to the Nu Skin Systems or any other computer systems of Nu Skin or another of the NSE Companies; or
(c) Without the prior written consent of Nu Skin, use Confidential Information to compete with Nu Skin or another of the NSE Companies (including, but not limited to, using Confidential Information to solicit other Direct Sellers and Customers), or for any purpose other than promoting Nu Skin and Nu Skin Products during the term of the Direct Seller Agreement.
5.2.4 CONFIDENTIALITY OF DIRECT SELLER ACCOUNT INFORMATION
As a result of your position as a Direct Seller, you may, at the sole discretion of Nu Skin, be provided access to information about other Direct Seller Accounts and their Teams for the sole purpose of allowing you to provide business support to these Direct Seller Accounts and their Teams. This information is highly confidential, and you may not disclose information about another Direct Seller Account or its Team to any Person that is not an employee of Nu Skin or another of the NSE Companies or that is not an owner of or a Participant in Your Direct Seller Account. By accessing such information, you expressly agree to these restrictions and acknowledge that, but for your agreement of confidentiality and nondisclosure, Nu Skin would not make such information about other Direct Seller Accounts and their Teams available to you. You agree that your obligations under this Section 2.4 continue through the term of your Direct Seller Agreement and for a period of two years after the termination or expiration of your Direct Seller Agreement.
5.2.5 NON-DISPARAGEMENT
In consideration of Nu Skin’s recognitions, Bonuses, and other compensation received by Your Direct Seller Account, you agree not to make any misleading, unfair, inaccurate, or disparaging statements about Nu Skin, another of the NSE Companies, or the Nu Skin business, about other Direct Sellers or employees of Nu Skin or another of the NSE Companies, about Nu Skin Products or other products or services of the NSE Companies, or about the Sales Performance Plan or any policies and procedures (including these Policies and Procedures) of Nu Skin or the other NSE Companies. Violation of this non-disparagement agreement may result in termination of Your Direct Seller Account and your right to be a Direct Seller. This non-disparagement agreement is not intended to provide any third-party rights or benefits to other Direct Sellers or to allow other Direct Sellers to assert breach of contract claims against you for violations of this non-disparagement agreement. Nothing in this Section 2.5 shall be interpreted to prohibit or restrict any individual from (a) cooperating with or participating in an inquiry, investigation, audit, subpoena, or similar action sanctioned by Nu Skin, another of the NSE Companies, or a governmental authority, or (b) providing truthful testimony in any arbitration or any administrative or judicial proceeding. You agree that your obligations under this Section 2.5 continue through the term of your Direct Seller Agreement and for a period of two years after the termination or expiration of your Direct Seller Agreement.
5.3 REMEDIES
You acknowledge and agree that a violation of your obligations under this Chapter 5: (a) will damage the competitive business interest and integrity of Nu Skin and the other NSE Companies; (b) will inflict irreparable harm to Nu Skin and the other NSE Companies and that monetary damages will be insufficient to compensate Nu Skin and the other NSE Companies for such harm; and (c) will entitle Nu Skin and the other NSE Companies to an injunction or temporary restraining order without prior notice to you restraining the violations of your obligations under this Chapter 5, which relief may be in addition to any other available legal remedy, including damages. In any such action brought by Nu Skin or another of the NSE Companies, you agree that the prevailing party or parties in such action will be reimbursed by the non-prevailing party or parties in such action their costs and reasonable attorneys’ fees incurred in connection with such action. As to Nu Skin and the other NSE Companies, you waive all bonding or other security requirements otherwise applicable to a temporary restraining order and/or injunction.
5.4 ENFORCEABILITY
In the event that any provision of this Chapter 5 should ever be deemed or adjudged by a court of competent jurisdiction or an arbitrator with proper jurisdiction, to exceed the limitations permitted by applicable law, then the remaining provisions will nevertheless be valid and enforceable to the maximum extent allowable as determined by such court or arbitrator, and such provisions will be reformed to the maximum allowable limitations as determined by such court or arbitrator. The remainder of the prohibitions and protections in this Chapter 5 will remain in full force and effect.
Chapter 6 | Enforcement of Contract
6.1 THE CONTRACT
You agree that the relationship between you and Nu Skin is governed by the written Contract. The Contract may be amended by Nu Skin as provided in these Policies and Procedures. You may not amend the Contract unless the amendment is in writing and signed or accepted electronically by you and Nu Skin. Neither you nor Nu Skin may claim that the Contract (a) has been altered or amended by any practice or course of dealing or course of action, provided, however, that Nu Skin may alter or amend the Contract as provided in Chapter 10, Section 1, and you may accept the new Contract terms by your practice, course of dealing, or course of action as provided in Chapter 10, Section 1, (b) has been modified or amended verbally by an officer or employee of Nu Skin or another of the NSE Companies, or (c) that there is a quasi-contract or an implied in fact contract between you and Nu Skin. The rights of a Direct Seller under the Contract depend on the Direct Seller, the owner of and each Participant in the Direct Seller Account of the Direct Seller, and each Person for whose acts the Direct Seller and/or the Direct Seller Account are responsible meeting all of the obligations of the Contract.
6.2 ACTS OF OWNER, PARTICIPANTS, AND OTHERS IN A DIRECT SELLER ACCOUNT
The acts of any Person conducting Business Activity for a Direct Seller Account (including, without limitation, the Direct Seller owner of an Individual Direct Seller Account, a Spouse authorized to be a Direct Seller Participant in an Individual Direct Seller Account, the Business Entity owner and the Direct Seller Participants in a Business Entity Direct Seller Account, or a Spouse, partner, employee, or agent of a Direct Seller not recognized in the Nu Skin Systems as the owner of or a Participant in the Direct Seller Account), or any Person with a Beneficial Interest in the Direct Seller Account, will be considered to be the acts of the Direct Seller Account, the Direct Seller Account owner, and each Participant in the Direct Seller Account, and will be subject to the terms and conditions of the Contract. Nothing in the foregoing sentence authorizes any Person not a Direct Seller owner of or a Direct Seller Participant in a Direct Seller Account to engage in any Business Activity for or to have a Beneficial Interest in a Direct Seller Account.
6.3 PROCEDURES FOR INVESTIGATION, DISCIPLINE, AND TERMINATION
This Section 3 describes the procedures that Nu Skin will employ for the investigation, discipline, and/or termination of you as a Direct Seller and/or Your Direct Seller Account for an alleged violation of the Contract by you, for an alleged violation of the Direct Seller Agreement or Contract between Nu Skin and any owner of or Participant in Your Direct Seller Account (“Other Direct Seller Account Contract”) by any such owner or Participant, or for an alleged violation of the Contract or any Other Direct Seller Account Contract by any Person for which you, Your Direct Seller Account, or any owners of or Participants in Your Direct Seller Account may be responsible. Alleged violations of the terms or conditions of the Contract or any Other Direct Seller Account Contract for which you, the owners of or Participants in Your Direct Seller Account, or Your Direct Seller Account may be responsible may be brought to the attention of the Compliance Department (as such term is defined below) by Direct Sellers, Customers, and/or other sources, including, without limitation, through resources and investigations of Nu Skin or another of the NSE Companies (“Alleged Violations”). Except as otherwise provided in this Section 3 with respect to Alleged Violations referred to the legal department of Nu Skin or another of the NSE Companies providing legal representation of Nu Skin regarding an Alleged Violation (the “Legal Department”) for internal investigation and possible action, the procedures of this Section 3 must be exhausted with respect to an Alleged Violation processed through this Section 3 before either Nu Skin or a Direct Seller may commence arbitration pursuant to Chapter 7 or other legal or equitable proceedings authorized by Chapter 7 regarding the Alleged Violation or Nu Skin’s action, if any, taken regarding the Alleged Violation. Regarding any controversies or disputes between Nu Skin and a Direct Seller (including you) regarding an Alleged Violation not commenced by Nu Skin’s notice to the Direct Seller of an Alleged Violation pursuant to Section 3.4 of this Chapter 6 and/or Nu Skin’s notice to the Direct Seller of direct action to be taken by Nu Skin because of an Alleged Violation pursuant to Section 3.6 or 3.7 of this Chapter 6 and processed by Nu Skin through this Section 3, either Nu Skin or the Direct Seller may assert claims against the other for breaches of the Contract or any Other Direct Seller Account Contract or for any other causes of action through (a) the commencement of arbitration pursuant to Chapter 7 or other legal or equitable proceedings authorized by Chapter 7 (if the controversy or dispute is a “Dispute” as defined in Chapter 7), or (b) the commencement of any civil proceedings for relief afforded by the Contract, any Other Direct Seller Account Contract, or applicable law (if the controversy or dispute is not a “Dispute” as defined in Chapter 7), without regard to and without exhausting the procedures of this Section 3.
6.3.1 PROCESSING OF ALLEGED VIOLATIONS OF THE CONTRACT BY DIRECT SELLERS
The Compliance Department of Nu Skin or another of the NSE Companies providing services to Nu Skin regarding contract compliance issues (the “Compliance Department”) may in its sole discretion and based on the nature of and evidence supporting the Alleged Violation process any Alleged Violation reported to it or that otherwise comes to its attention (including, without limitation, through Nu Skin’s own resources and investigations) for direct action or for investigation and potential action as follows: (a) upon determination a violation of the terms or conditions of the Contract or any Other Direct Seller Account Contract has occurred, take immediate direct action in accordance with Section 3.7 of this Chapter 6, (b) upon determination a violation of the terms or conditions of the Contract or any Other Direct Seller Account Contract has occurred or, if without determining a violation of the Contract or any Other Direct Seller Account Contract has occurred, the Compliance Department determines that direct action is required for the protection of Nu Skin’s business and/or the Network during the period of investigation of the Alleged Violation, take direct action in accordance with Section 3.6 of this Chapter 6, (c) upon determination that there has been or may have been a violation of the Contract or any Other Direct Seller Account Contract, refer the Alleged Violation to Nu Skin’s Compliance Review Committee (“CRC”) for investigation and potential action in accordance with Section 3.4 of this Chapter 6, or (d) upon determination that there has been or may have been a violation of the Contract or any Other Direct Seller Account Contract, refer the Alleged Violation to the Legal Department for an internal investigation and potential action to be overseen by the Legal Department or a designee of the Legal Department. If the Alleged Violation is referred to the Legal Department for internal investigation and potential action, the Legal Department or its designee may use whatever procedures are deemed appropriate for the investigation and action and may engage outside investigators and/or legal counsel to assist with the internal investigation and to make recommendations regarding possible action. If the Alleged Violation is referred to the Legal Department for internal investigation and possible action, and if the Compliance Department determines there has been a violation of the Contract by you or a violation of any Other Direct Seller Account Contract by an owner of or Participant in Your Direct Seller Account, or there has been a violation of the Contract or any Other Direct Seller Contract for which Your Direct Seller Account is responsible, in addition to the remedies available to Nu Skin for direct action under Sections 3.6 and 3.7 of this Chapter 6, Nu Skin may commence arbitration pursuant to Chapter 7 for an adjudication authorizing Nu Skin to terminate Your Direct Seller Account, the Contract, and the Other Direct Seller Account Contracts after giving 10 business days advance written notice of the Alleged Violation and Nu Skin’s intended filing of a demand for arbitration to the Direct Seller owner of Your Direct Seller Account (in the case of an Individual Direct Seller Account) or the Primary Participant of Your Direct Seller Account (in the case of a Business Entity Direct Seller Account).
6.3.2 TIME LIMITS FOR NU SKIN ACTION REGARDING ALLEGED VIOLATIONS
(a) In order to prevent stale claims of changes in the “Sponsor” of a “Direct Seller” or a “Direct Seller Account” alleged to violate the terms and conditions of the “Contract” or any other contract or agreement between “Nu Skin” and a “Direct Seller” (collectively “Line Switch Claims”) from disrupting the “Business Activities” of “Direct Sellers” and “Direct Seller Accounts” and the business of “Nu Skin,” “Nu Skin” will not take action on any alleged “Line Switch Claim” not submitted in writing to the “Compliance Department” within two years of the date of the first occurrence of the “Alleged Violation.”
(b) With regard to any “Alleged Violation” of the “Contract” or any other contract or agreement between “Nu Skin” and a “Direct Seller” other than a “Line Switch Claim,” subject to any applicable statutes of limitation or statutes of repose, “Nu Skin” may take action at any time regarding the “Alleged Violation” of the terms or conditions of the contract or regarding the “Alleged Violation” of the terms or conditions of any other contract or agreement between “Nu Skin” and a “Direct Seller” or for which a “Direct Seller” or a “Direct Seller Account” may be responsible.
6.3.3 BALANCE OF RIGHTS REGARDING ALLEGED VIOLATION MATTERS
Nu Skin’s investigative procedures and dispute resolution process in this Section 3 for Alleged Violations is intended to balance your rights of privacy and the rights of other Direct Sellers and the rights of Nu Skin. Therefore, unless and until the matter of the Alleged Violation and Nu Skin’s action, if any, taken regarding the Alleged Violation pursuant to this Chapter 6 (the “Alleged Violation Matter”) has been submitted to arbitration in accordance with Chapter 7 as authorized by this Chapter 6, all information and evidence received by Nu Skin regarding the Alleged Violation Matter will be released only to Nu Skin’s investigative agents, Nu Skin’s outside counsel, you and/or your legal counsel, and other Direct Sellers involved in the Alleged Violation Matter (whether as witnesses or otherwise) and/or their legal counsel as Nu Skin deems appropriate, provided, however, nothing in this Section 3.3 or elsewhere in the Contract is intended to require, nor shall it require, that Nu Skin disclose to a Direct Seller who is the subject of an investigation of an Alleged Violation any evidence delivered to or collected by Nu Skin in its investigation of the Alleged Violation prior to the Alleged Violation Matter being submitted to arbitration. Before releasing any information, Nu Skin will consider (a) the complexity of the Alleged Violation Matter and (b) the appropriate balance under the circumstances between privacy rights and the need to make disclosures to thoroughly investigate violations of contract obligations and/or to take appropriate action. If the Alleged Violation Matter is subject to arbitration as provided in this Chapter 6, all information and evidence will be made available in accordance with the rules and procedures for arbitration described in Chapter 7 and any orders issued by an arbitrator or court in connection with the arbitration.
6.3.4 CRC PROCEDURES FOR PROCESSING ALLEGED VIOLATIONS
If the Compliance Department determines that there has been or may have been a violation of the Contract or any Other Direct Seller Account Contract, Nu Skin may process the Alleged Violation through the CRC in accordance with the following procedures:
(a) Written Notice. The Direct Seller owner (in the case of an Individual Direct Seller Account) or the Primary Participant (in the case of a Business Entity Direct Seller Account) of the Direct Seller Account owned by the Direct Seller alleged to have violated the Contract or any Other Direct Seller Account Contract or to be responsible for a violation of the Contract or any Other Direct Seller Account Contract or in which that Direct Seller was or is a Participant will receive written notice from the Compliance Department that a Direct Seller or a Person for whom a Direct Seller or a Direct Seller Account is responsible has violated or may have violated the Contract or any Other Direct Seller Account Contract, along with a brief description of the Alleged Violation. The Compliance Department or Nu Skin may, in its sole discretion and without any requirement under the Contract to do so, provide a copy of the written notice to other Direct Sellers that may be adversely affected by any actions of Nu Skin that may be taken in response to the Alleged Violation.
(b) Responses and Nu Skin Prohibitions. The Direct Seller owner (in the case of an Individual Direct Seller Account) or the Primary Participant (in the case of a Business Entity Direct Seller Account) will have 10 business days from the date of the Compliance Department’s written notice during which to present in writing to the CRC all the information that the Direct Seller owner or the Primary Participant, as applicable, or any others having an interest in the Direct Seller Account consider relevant to the Alleged Violation. Relevant information possessed by those having an interest in the Direct Seller Account other than the Direct Seller owner (in the case of an Individual Direct Seller Account) or the Primary Participant (in the case of a Business Entity Direct Seller Account) is to be submitted to the CRC through the Direct Seller owner or Primary Participant, as applicable. The Direct Seller owner (in the case of an Individual Direct Seller Account) or the Primary Participant (in the case of a Business Entity Direct Seller Account) may provide information about individuals that have relevant information, together with their names and addresses, other appropriate contact information, and copies of relevant documents. Information submitted to the CRC may be emailed to indiacompliance@nuskin.com.
(c) If the Direct Seller owner (in the case of an Individual Direct Seller Account) or the Primary Participant (in the case of a Business Entity Direct Seller Account) fails to timely respond to the written notice or fails to timely provide relevant facts and information to the CRC, the CRC may take action that it deems appropriate based on the information that has been provided to it or that was independently discovered. Nu Skin has the right to prohibit the activities of the Direct Seller alleged to have violated the Contract or any Other Direct Seller Account Contract or alleged to be responsible for the acts of another who violated the Contract or any Other Direct Seller Account Contract, the Direct Seller Account owned by that Direct Seller or in which that Direct Seller was or is a Participant, and/or the Participants in the Direct Seller Account (including, without limitation, placing orders for Nu Skin Products, sponsoring, receiving Bonuses, etc.) from the time the written notice is sent of the Alleged Violation to the Direct Seller owner (in the case of an Individual Direct Seller Account) or the Primary Participant (in the case of a Business Entity Direct Seller Account) until a final resolution of the Alleged Violation.
(d) CRC Decision. The CRC will review any information submitted within the 10-day period by the Direct Seller owner (in the case of an Individual Direct Seller Account) or the Primary Participant (in the case of a Business Entity Direct Seller Account) and any information that the Compliance Department, the CRC, or Nu Skin have independently discovered. The CRC will make a final decision regarding the Alleged Violation and the action that Nu Skin will take, if any, and will send the Direct Seller owner (in the case of an Individual Direct Seller Account) or the Primary Participant (in the case of a Business Entity Direct Seller Account) a written notice and copy of the final decision of the CRC. The CRC or Nu Skin may, in their sole discretion and without any requirement under the Contract to do so, provide a copy of the decision of the CRC to other Direct Sellers that may be adversely affected by the CRC decision.
6.3.5 COMPLIANCE APPEALS COMMITTEE
(a) Right to Appeal Nu Skin Direct Action and CRC Final Decision. If the Compliance Department or Nu Skin gives written notice that Nu Skin will take immediate direct action regarding an Alleged Violation as provided in Section 3.7 of this Chapter 6, if the Compliance Department or Nu Skin gives written notice that Nu Skin will take direct action regarding an Alleged Violation as provided in Section 3.6 of this Chapter 6, or if the CRC has issued written notice of its final decision regarding an Alleged Violation and the action Nu Skin will take, if any, regarding the Alleged Violation, then the Direct Seller owner (in the case of an Individual Direct Seller Account) or the Business Entity owner acting through the Primary Participant (in the case of a Business Entity Direct Seller Account) or any Participant in the Direct Seller Account adversely affected by Nu Skin’s direct action or the CRC decision will have 10 business days from the date of the Compliance Department’s or Nu Skin’s notices of direct action as provided in Section 3.7 or Section 3.6 of this Chapter 6 or the CRC’s written notice of a final decision as provided in Section 3.4(c) of this Chapter 6 to submit in writing the Direct Seller owner’s (in the case of an Individual Direct Seller Account), the Business Entity owner’s (acting through the Primary Participant, in the case of a Business Entity Direct Seller Account), or the adversely affected Direct Seller Participant’s appeal to Nu Skin’s Compliance Appeals Committee (“CAC”), including all submissions in support of the appeal. The written appeal must include a description of the Direct Seller owner’s (in the case of an Individual Direct Seller Account), the Business Entity owner’s (acting through the Primary Participant, in the case of a Business Entity Direct Seller Account), or the adversely affected Direct Seller Participant’s objections to Nu Skin’s direct action as provided in Section 3.7 or Section 3.6 of this Chapter 6 or the CRC final decision and/or the action Nu Skin will take in accordance with the CRC final decision, and the basis for the objections. The appeal submitted to the CAC may be emailed to indiacompliance@nuskin.com.
(b) Consequences of Failing to Appeal. If an appeal to the CAC is not submitted within the 10 day period, then (i) if the matter not timely appealed to the CAC concerned direct action by Nu Skin as provided in Section 3.7 or Section 3.6 of this Chapter 6, Nu Skin’s direct action shall become final, unappealable, and binding on the Direct Sellers and Direct Seller Account that are the subject of the Alleged Violation, the owner and all Participants in that Direct Seller Account, and the Team of that Direct Seller Account, and (ii) if the matter not timely appealed to the CAC was a final decision of the CRC, the CRC final decision shall become final, unappealable, and binding on Nu Skin and the Direct Sellers and Direct Seller Account that are the subject of the Alleged Violation, the owner and all Participants in that Direct Seller Account, and the Team of that Direct Seller Account.
(c) CAC Actions Regarding an Appeal. Within 90 calendar days of receipt of a timely written appeal to the CAC by the Direct Seller owner (in the case of an Individual Direct Seller Account), the Business Entity owner acting through the Primary Participant (in the case of a Business Entity Direct Seller Account), and/or an adversely affected Direct Seller Participant, the CAC will review the appeal and provide written notice to the Direct Seller owner (in the case of an Individual Direct Seller Account), the Primary Participant (in the case of a Business Entity Direct Seller Account), and/or any adversely affected Direct Seller Participant that submitted an appeal (provided information sufficient for providing notice was submitted in the appeal of the adversely affected Direct Seller Participant) (i) of its final decision, (ii) that its review will require additional time, or (iii) that the matter should proceed directly to arbitration under Chapter 7. Nu Skin may, in its sole discretion and without any requirement under the Contract to do so, provide a copy of the written notice and, if applicable, the CAC final decision to other Direct Sellers that may be adversely affected by the CAC’s written notice and, if applicable, the CAC final decision.
(d) CAC Referral of Matter to Arbitration. If the CAC has decided that the matter should proceed directly to arbitration under Chapter 7, Nu Skin or the Direct Seller owner (in the case of an Individual Direct Seller Account), the Business Entity owner acting though the Primary Participant (in the case of a Business Entity Direct Seller Account), or any Direct Seller Participant in the Direct Seller Account adversely affected by Nu Skin’s direct action or the CRC final decision (whether or not such adversely affected Direct Seller Participant appealed to the CAC) may commence arbitration regarding the Alleged Violation Matter in accordance with the rules and procedures of Chapter 7 within 60 calendar days of the CAC written notice referring the matter to arbitration. If neither Nu Skin nor the Direct Seller owner (in the case of an Individual Direct Seller Account) or the Business Entity owner acting through the Primary Participant (in the case of a Business Entity Direct Seller Account), nor an adversely affected Direct Seller Participant commences arbitration within the 60 calendar day period, then (i) if the matter before the CAC was direct action by Nu Skin as provided in Section 3.7 or Section 3.6 of this Chapter 6, Nu Skin’s direct action shall become final, unappealable, and binding on Nu Skin and the Direct Sellers and Direct Seller Account that are the subject of the Alleged Violation, the owner and all Participants in that Direct Seller Account, and the Team of that Direct Seller Account, and (ii) if the matter before the CAC was a final decision of the CRC, the CRC final decision shall become final, unappealable, and binding on Nu Skin and the Direct Sellers and Direct Seller Account that are the subject of the Alleged Violation, the owner and all Participants in that Direct Seller Account, and the Team of that Direct Seller Account.
(e) CAC Final Decision. When the CAC has made a final decision regarding an Alleged Violation, it will send the Direct Seller owner (in the case of an Individual Direct Seller Account), Primary Participant (in the case of a Business Entity Direct Seller Account), and any adversely affected Direct Seller Participant that submitted an appeal (provided information sufficient for providing notice was submitted in the appeal of the adversely affected Direct Seller Participant) written notice and a copy of the final decision. The CAC or Nu Skin may, in its sole discretion and without any requirement under the Contract to do so, provide a copy of the CAC written notice and final decision to other Direct Sellers that may be adversely affected by the CAC final decision.
(f) Right to Commence Arbitrations Regarding CAC Final Decisions. The Direct Seller owner (in the case of an Individual Direct Seller Account), the Business Entity owner acting through the Primary Participant (in the case of a Business Entity Direct Seller Account), or any Direct Seller Participant in the Direct Seller Account adversely affected by the CAC final decision (whether or not such adversely affected Direct Seller Participant appealed to the CAC) will have 60 calendar days from the date of the CAC written notice of final decision to commence arbitration of the Alleged Violation Matter in accordance with the rules and procedures set forth in Chapter 7. If the arbitration is commenced within the 60-day period, the Alleged Violation Matter shall be decided de novo in arbitration in accordance with Chapter 7. If an arbitration is not commenced within the 60-day period, then the final decision of the CAC shall become final, unappealable, and binding on Nu Skin and the Direct Sellers and Direct Seller Account that are the subject of the Alleged Violation, the owner and all Participants in that Direct Seller Account, and the Team of that Direct Seller Account. Commencement of arbitration of an Alleged Violation Matter shall not stay or otherwise interfere with or impede in any way Nu Skin from taking and enforcing any direct action taken by Nu Skin pursuant to Section 3.7 and/or Section 3.6 of this Chapter 6 pending the outcome of the arbitration and any further dispute resolution procedures regarding the Alleged Violation Matter.
6.3.6 NU SKIN DIRECT ACTIONS FOR VIOLATIONS OF THE CONTRACT OR TO PROTECT NU SKIN DURING INVESTIGATIONS OF ALLEGED VIOLATIONS
If the Compliance Department determines that a violation of the Contract or any Other Direct Seller Account Contract has occurred, Nu Skin may, in its sole discretion, take action without consideration of the Alleged Violation by the CRC (as used throughout this Chapter 6, “direct action”) to terminate the Direct Seller Account, the Contract, and the Other Direct Seller Account Contracts of each owner of and Participant in the Direct Seller Account. In addition to, or in lieu of, terminating the Direct Seller Account, the Contract, and the Other Direct Seller Account Contracts of each owner of and Participant in the Direct Seller Account by direct action, if the Compliance Department determines that a violation of the Contract or any Other Direct Seller Account Contract has occurred, or if without determining a violation of the Contract or any Other Direct Seller Account Contract has occurred, the Compliance Department determines that direct action is required for the protection of Nu Skin’s business and/or the Network during the period of investigation of the Alleged Violations or arbitration or other dispute resolution proceedings regarding the Alleged Violation, Nu Skin may take any direct action it deems appropriate, including any or all of the following:
(a) Provide the Direct Seller owner (in the case of an Individual Direct Seller Account) or the Primary Participant (in the case of a Business Entity Direct Seller Account) with written notice of Nu Skin’s concerns and of Nu Skin’s intent to terminate the Direct Seller Account, the Contract, and the Other Direct Seller Account Contracts of each owner of and Participant in the Direct Seller Account if the violations of the Contract or any Other Direct Seller Account Contract continue;
(b) Suspend the rights under the Contract or any Other Direct Seller Account Contract of the owner and/or one or more of the Participants in a Direct Seller Account, and/or suspend the payment of Bonuses and any special incentives to a Direct Seller Account;
(c) Monitor the future performance of the owner and/or one or more of the Participants in a Direct Seller Account over a specified period of time;
(d) Provide the Direct Seller owner (in the case of an Individual Direct Seller Account) or the Primary Participant (in the case of a Business Entity Direct Seller Account) with written notice of specific actions the owner and/or one or more of the Participants in the Direct Seller Account must take to correct the violations of the Contract or any Other Direct Seller Account Contract and require the Direct Seller owner (in the case of an Individual Direct Seller Account) or the Primary Participant (in the case of a Business Entity Direct Seller Account) provide Nu Skin with a written description of what the owner of and Participants in the Direct Seller Account intend to do to meet contractual obligations;
(e) Stop performing Nu Skin’s obligations under the Contract or any Other Direct Seller Account Contract or terminate or suspend the privileges under the Contract or any Other Direct Seller Account Contract of the owner and/or one or more of the Participants in a Direct Seller Account, including, without limitation: terminating or suspending the rights of the owner and/or one or more of the Participants in the Direct Seller Account to receive awards; terminating or suspending the rights of the owner and/or one or more of the Participants in the Direct Seller Account to be recognized at corporate events or in corporate media (publications, videos, etc.); terminating or suspending the rights of the owner and/or one or more of the Participants in the Direct Seller Account to participate in events sponsored by Nu Skin, any of the other NSE Companies, or Direct Sellers; terminating or suspending the rights of the owner and/or one or more of the Participants in the Direct Seller Account to place orders for Nu Skin Products; terminating or suspending the rights of the owner and/or one or more of the Participants in the Direct Seller Account to receive promotions within the Sales Performance Plan applicable to the Direct Seller Account; terminating or suspending the rights of the owner and/or one or more of the Participants in the Direct Seller Account to recruit and sponsor Direct Sellers; reducing the Title of the Direct Seller and/or Direct Seller Account and/or terminating or suspending the rights of the owner and/or one or more of the Participants in the Direct Seller Account to receive Bonuses on volumes on one or more levels of their Team; and/or terminating or suspending the status or eligibility of the owner and/or one or more of the Participants in the Direct Seller Account to be recognized and compensated as a “Brand Representative” under the Sales Performance Plan;
(f) Reduce the payment of all or any part of the Bonuses payable to a Direct Seller Account based on sales made by the owner of or Participants in the Direct Seller Account and/or all or any part of their Team;
(g) Reassign all or part of the Team of the Direct Seller and/or Direct Seller Account to a different Sponsor;
(h) Recover from the owner and/or one or more of the Participants in a Direct Seller Account any damages to Nu Skin caused by the violation of the Contract or any Other Direct Seller Account Contract;
(i) Take any action that Nu Skin deems appropriate to protect Nu Skin and the Network; and/or
(j) Seek injunctive relief or any other remedies available at law or in equity.
Nu Skin will provide the Direct Seller owner (in the case of an Individual Direct Seller Account) and the Primary Participant (in the case of a Business Entity Direct Seller Account) with written notice of Nu Skin’s direct action, if any, pursuant to this Section 3.6 of this Chapter 6. Nu Skin may, in its sole discretion and without any requirement under the Contract to do so, provide a copy of the written notice to other Direct Sellers that may be adversely affected by the direct action. The Direct Seller owner (in the case of an Individual Direct Seller Account), the Business Entity owner acting through the Primary Participant (in the case of a Business Entity Direct Seller Account), or any Participant in the Direct Seller Account adversely affected by Nu Skin’s direct action will have 10 business days from the date of Nu Skin’s notice of direct action to appeal Nu Skin’s direct actions pursuant to this Section 3.6 of this Chapter 6 to the CAC as provided in Section 3.5 of this Chapter 6. Any appeal of Nu Skin’s direct action to the CAC shall not stay or otherwise interfere with or impede in any way Nu Skin from taking and enforcing the direct action described in the written notice pending the outcome of the appeal and any further dispute resolution procedures following action by the CAC regarding the appeal.
6.3.7 IMMEDIATE DIRECT ACTION
If the Compliance Department determines that a violation of the Contract or any Other Direct Seller Account Contract has occurred, and if Nu Skin determines, in its sole discretion, that the violation requires immediate direct action, or if Nu Skin has previously notified the Direct Seller in violation of the Contract or any Other Direct Seller Account Contract and/or the owner of the Direct Seller Account (for an Individual Direct Seller Account) or the Primary Participant of the Direct Seller Account (for a Business Entity Direct Seller Account) in which the Direct Seller in violation of the Contract or any Other Direct Seller Account Contract is a Participant that it will take immediate direct action for violations or actions similar to those described in such prior notice, then Nu Skin may take any immediate direct action or remedy that it deems appropriate, including termination of the Direct Seller Account and the rights of each owner of and Participant in the Direct Seller Account to act as Direct Sellers, and the right of the Direct Seller Account to receive any Bonuses or special incentives. Nu Skin will provide the Direct Seller owner (in the case of an Individual Direct Seller Account) or the Primary Participant (in the case of a Business Entity Direct Seller Account) with written notice of Nu Skin’s immediate direct action, if any, pursuant to this Section 3.7 of this Chapter 6. Nu Skin may, in its sole discretion and without any requirement under the Contract to do so, provide a copy of the written notice to other Direct Sellers that may be adversely affected by the direct action. The Direct Seller owner (in the case of an Individual Direct Seller Account), the Business Entity owner acting through the Primary Participant (in the case of a Business Entity Direct Seller Account), or any Participant in the Direct Seller Account adversely affected by Nu Skin’s direct action will have 10 business days from the date of Nu Skin’s notice of immediate direct action to appeal Nu Skin’s immediate direct action pursuant to this Section 3.7 of this Chapter 6 to the CAC as provided in Section 3.5 of this Chapter 6. Any appeal of Nu Skin’s direct action to the CAC shall not stay or otherwise interfere with or impede in any way Nu Skin from taking and enforcing the direct action described in the written notice pending the outcome of the appeal and any further dispute resolution procedures following action by the CAC regarding the appeal.
6.4 REMEDIES
Nu Skin reserves the right, at its sole discretion, to exercise any remedy available to it. Any failure or delay by Nu Skin in exercising such remedies will not operate as a waiver of such remedies.
6.5 TERMINATION OF CONTRACTS AND DIRECT SELLER ACCOUNTS
(a) Subject to the conditions of this Section 5 of this Chapter 6, (i) the Direct Seller owner of an Individual Direct Seller Account may terminate the Direct Seller Account such Direct Seller owner owns, and the Primary Participant of a Business Entity Direct Seller Account and the Business Entity owner of such Business Entity Direct Seller Account may terminate such Business Entity Direct Seller Account, at any time by providing Nu Skin with written notice of and agreement to termination of such Direct Seller Account, (ii) Nu Skin may terminate a Direct Seller Account and the rights of each owner of and Participant in such Direct Seller Account from acting as Direct Sellers as provided in this Chapter 6; and (iii) Nu Skin may terminate without notice a Direct Seller Account and the rights of each owner of and Participant in such Direct Seller Account from acting as Direct Sellers if there has not been Business Activity on the Direct Seller Account for a period of 12 or more consecutive months.
(b) If the Direct Seller owner of an Individual Direct Seller Account terminates the Direct Seller Account such Direct Seller owner owns or if the Primary Participant of a Business Entity Direct Seller Account and the Business Entity owner of such Business Entity Direct Seller Account terminate such Business Entity Direct Seller Account as permitted in Section 5(a)(i) of this Chapter 6, then termination becomes effective on whichever is later: (i) the date Nu Skin receives the written notice of and agreement to termination of the Direct Seller Account; (ii) the date specified in the written notice of and agreement to termination; or (iii) the date the termination of the Direct Seller Account is entered in the Nu Skin Systems.
(c) Termination of a Direct Seller Account owned by you or a Direct Seller Account in which you are a Participant results in the termination of your Direct Seller Agreement, the termination of the Direct Seller agreement of the owner of and all other Participants in the Direct Seller Account, the loss of all your rights and benefits as a Direct Seller, the loss of all rights and benefits as a Direct Seller of the owner of and all other Participants in the Direct Seller Account, and the loss of all rights and benefits of all others having or claiming an interest in the Direct Seller Account, including the permanent loss of the Team of the terminated Direct Seller Account.
(d) Upon termination of a Direct Seller Account for whatever reason, if there is any pending investigation of and/or unresolved legal issue related to the Direct Seller Account, which includes any alleged breach or actual breach of the Contract or any Other Direct Seller Account Contract, then the Team of the applicable Direct Seller Account may not roll up until all pending investigations and/or legal issues have been resolved by Nu Skin and all penalties have been fully satisfied.
(e) A Spouse of the owner of an Individual Direct Seller Account who is a Participant in such Individual Direct Seller Account or a Participant in a Business Entity Direct Seller Account who desires to terminate their contracts and agreements with Nu Skin and their rights and interests in a Direct Seller Account without causing the termination of the Direct Seller Account may do so by submitting to Nu Skin a written notice of and agreement to the release and relinquishment of any rights or interests in the Direct Seller Account, and Nu Skin accepting such submission and removing such Participant from such account in the Nu Skin Systems. If the individual terminating their contracts and agreements with Nu Skin and their rights and interests in a Direct Seller Account is the Primary Participant of a Business Entity Direct Seller Account, the remaining Participants of such Business Entity Direct Seller Account must designate a new Primary Participant in connection with such submission.
(f) No Person who has terminated their rights and interests in a Direct Seller Account by submitting to Nu Skin a written notice of and agreement to the release and relinquishment of any rights or interests in the Direct Seller Account or in any other manner accepted by Nu Skin may thereafter have a Beneficial Interest in that Direct Seller Account. If a Person has purported to Nu Skin such Person’s release and relinquishment of any rights or interests in a Direct Seller Account but continues thereafter to have a Beneficial Interest in that Direct Seller Account, such Person remains subject to the terms and conditions of their contracts and agreements with Nu Skin as a Direct Seller and Nu Skin may exercise its rights and remedies under those contracts and agreements against such Person and the Direct Seller Account and may exercise its rights and remedies against all owners of and Participants in the Direct Seller Account for breach of the Contract or any Other Direct Seller Account Contract. However, although deemed a Direct Seller for purposes of enforcement of that Person’s contracts and agreements with Nu Skin until such Person has terminated their Beneficial Interest in the Direct Seller Account, such Person shall not be an authorized Participant in the Direct Seller Account, shall not be entitled to conduct Business Activities for the Direct Seller Account, and shall not be entitled to have a Beneficial Interest in the Direct Seller Account.
(g) After a Direct Seller Account has been terminated, thereby terminating the contracts and agreements with Nu Skin of the owner of and Participants in the Direct Seller Account, their status as Direct Sellers, and their rights and interests in the Direct Seller Account, or after a Participant in a Direct Seller Account terminates the Participant’s contracts and agreements with Nu Skin, status as a Direct Seller, and rights and interests in a Direct Seller Account (without causing the termination of the Direct Seller Account), the terminated Direct Seller may apply to become a Direct Seller again as follows: (i) if the Direct Seller or the Direct Seller Account in which the Direct Seller was the owner or a Participant was not terminated by Nu Skin for a breach by the Direct Seller of contracts or agreements with Nu Skin, by submitting to Nu Skin a new Direct Seller Agreement (which includes the Application), and (ii) if the Direct Seller or the Direct Seller Account in which the Direct Seller was the owner or a Participant was terminated by Nu Skin for a breach by the Direct Seller of contracts or agreements with Nu Skin, by (A) submitting a written request to Nu Skin requesting authorization to submit a new Direct Seller Agreement notwithstanding the prior termination for breach of contract, and (B) if Nu Skin gives written authorization to submit a new Direct Seller Agreement, submitting to Nu Skin a new Direct Seller Agreement (which includes the Application). Nu Skin shall have no obligation to accept the Application. The requirement to submit a new Direct Seller Agreement is mandatory regardless of whether applying to be a Direct Seller under a former Sponsor or a new Sponsor.
(h) The obligations of the Contract described in Chapters 5, 6, 7, 8, and 9 will survive the cancellation, termination, or expiration of the Contract. Any other provisions, or parts of the Contract, which, by their terms or nature, should survive cancellation, termination, or expiration will also survive including, without limitation, indemnification obligations, agreements to limitations of liability, waivers of claims, and dispute resolution terms or conditions contained in the Direct Seller Agreement or elsewhere in the Contract.
Chapter 7 | Waiver; Voluntary Mediation
7.1 WHAT IS MANDATORY ARBITRATION
Arbitration involves the referral of a Dispute (as the term “Dispute” is defined below) to an impartial third party known as an arbitrator for hearing and decision. The arbitrator acts as a private judge, considers the parties’ evidence, and renders a binding decision in the form of an arbitration award. The arbitrator’s award is a final ruling, and judgment on the award may be entered by a court of law. The object of arbitration is the final resolution of Disputes in a quicker, more private, and less formal manner than ordinary court proceedings.
7.2 ARBITRATION IS MANDATORY AND BINDING AS TO ALL DISPUTES
You and “Nu Skin” agree that mandatory and binding arbitration in accordance with and pursuant to the terms and conditions of the agreement to mandatory and binding arbitration set forth in the "Direct Seller Agreement” and this Chapter 7 (sometimes collectively referred to as the “Arbitration Agreement”) is the sole means to resolve any and all “Disputes” (as the term “Dispute” is defined in Section 3 of this Chapter 7). Except as expressly set forth in this Chapter 7, you and “Nu Skin” understand and agree that you and “Nu Skin” are waiving all rights to jury and/or court trials and are waiving the right to participate in a class, collective, consolidated, private attorney general, and/or representative action to resolve a “Dispute.” You and “Nu Skin” agree that an arbitration award is final and that a judgment may be entered on the arbitration award by a court of proper jurisdiction. You and “Nu Skin” agree that New Delhi, India, will be the exclusive venue for and the seat of the arbitration. In the event of any direct conflict in the terms and conditions in this Chapter 7 and any other arbitration agreement applicable to the same claims, disputes, controversies, causes of action, or complaints between “Nu Skin” or another of the “NSE Companies” and you, including, without limitation, the terms or conditions of the mandatory and binding arbitration agreement in the “Direct Seller Agreement” or in any terms of use agreement regarding the use of any software provided by “Nu Skin” or another of the “NSE Companies” or access to any “Company Sites” or any electronic platform hosted or provided by “Nu Skin” or another of the “NSE Companies,” the terms and conditions of this Chapter 7 shall supersede and replace the directly conflicting terms and conditions of such other arbitration agreements applicable to the same claims, disputes, controversies, causes of action, or complaints between “Nu Skin” or another of the “NSE Companies” and you, but only for those claims, disputes, controversies, causes of action, or complaints.
7.3 DEFINITION OF A DISPUTE
A “Dispute” means any and all past, present, or future claims, disputes, controversies, causes of action, or complaints, whether based in contract, tort, statute, law, product liability, equity, or any other cause of action or basis or theory of liability, (a) arising out of or in any way connected with or related to the “Contract” or any “other direct seller account contract,” or any alleged breach thereof, (b) between other past or present “Direct Sellers” and you or your successors or assigns arising out of or in any way connected with or related to your past or present “Direct Seller Account” or any other “Direct Seller Account” (including a “Direct Seller Account” for which you are or were a “Participant” or have or had a “Beneficial Interest”), or your business relationships as independent contractors of one or more of the “NSE Companies” (each such other past or present “Direct Seller” and each of the “NSE Companies” not a party to the “Contract” shall be a third-party beneficiary of this “Arbitration Agreement”), (c) between any of the “NSE Companies” and you or your successors or assigns, (d) that is in any way connected with or related to any of the “NSE Companies” or any of their past or present affiliated entities, owners, directors, officers, employees, agents, investors, or vendors (each of the past or present affiliated entities, owners, directors, officers, employees, agents, investors, and vendors of each of the “NSE Companies” not a party to the “Contract” shall be a third-party beneficiary of this “Arbitration Agreement”), (e) arising out of or in any way connected with or related to “Nu Skin Products” or other products or services of the “NSE Companies,” (f) regarding any investigations, decisions, actions, or inactions of any of the “NSE Companies” that impacted or impacts your past or present “Direct Seller Account” or a “Direct Seller Account” for which you are or were a “Participant” or have or had a “Beneficial Interest,” or (g) that arises out of or is related to the business of any of the “NSE Companies,” including, without limitation, any disagreement with the disciplinary actions of any of the “NSE Companies” or interpretations of the “Contract” or any “Other Direct Seller Account Contract” by any of the “NSE Companies.” Nothing in this definition of “Dispute” is intended to, nor shall it be interpreted to, permit adjudication in arbitration of any dispute as a class action or representative action.
7.4 VOLUNTARY MEDIATION
The parties to a Dispute have the option of collectively agreeing to participate in a voluntary mediation before proceeding with arbitration of the Dispute. Mediation is a voluntary process whereby a neutral third party known as a mediator attempts to resolve a dispute between contending parties. The object of the mediator is to increase the parties’ mutual understanding of the dispute, persuade them to adjust their positions towards each other, and hopefully resolve the dispute through agreement by the parties. Mediation of a Dispute is not mandatory before a Dispute may be submitted to arbitration. Any party to a Dispute may request the mediation of the Dispute at any time prior to the submission of the Dispute to arbitration as provided in this Chapter 7 by written notice delivered to all other parties to the Dispute requesting that the Dispute be mediated. If all parties to a Dispute agree to mediation of the Dispute and agree to a mediator, then Nu Skin will facilitate a mediation to be held in New Delhi, India, at the offices of Nu Skin’s outside counsel, unless all parties to the Dispute agree to a different location for the mediation. The mediation will be conducted in the English language. All fees and costs of the mediation will be borne equally by the parties to the mediation. If not all parties to the Dispute agree to the mediation and mediator, or any agreed-to mediation is not successful, then the Dispute will be processed in accordance with the procedures described in Chapters 6 (applicable to Alleged Violations) and this Chapter 7, including, when appropriate, submission of the Dispute to arbitration as provided in this Chapter 7.
7.5 COMMENCEMENT OF ARBITRATION
The processes and proceedings of Section 3 of Chapter 6 applicable to Alleged Violations must be exhausted before any party to the Contract may commence arbitration as provided in this Chapter 7. Subject to the condition of the foregoing sentence, any party to a Dispute may commence an arbitration of the Dispute by filing a demand for arbitration in accordance with the rules and procedures provided in this Chapter 7, and any party responding to a claim made in arbitration may file an answering statement, counterclaims, crossclaims or other claims and defences in accordance with the rules and procedures provided in this Chapter 7. A claim asserted in arbitration as provided in this Chapter 7 (an “Arbitration Claim”) shall in no event be made after the date when institution of legal or equitable proceedings based on the claim would be barred if filed in a court of law in New Delhi, India, by the applicable statutes of limitations, statutes of repose, or contractual limitations on the assertion of claims, provided, however, if the Dispute was processed using the procedures of Chapter 6, any applicable statute of limitations, statute of repose, or contractual limitation shall be tolled from the date of the first notice given by the Compliance Department or Nu Skin of an Alleged Violation of the Contract or any Other Direct Seller Account Contract until the date of the final action of the CRC and/or CAC regarding the Dispute. If a Dispute was processed using the procedures of Chapter 6, the commencement of arbitration of the Dispute can be made only after the procedures of Chapter 6 have been exhausted and then must be commenced within the time periods allowed by Chapter 6. All parties that will participate in an arbitration as provided in this Chapter 7, including you, Nu Skin, and any other arbitrating parties, are referred to collectively as the “Arbitrating Parties” or individually as an “Arbitrating Party” in this Chapter 7.
7.6 ARBITRATION RULES AND PROCESS
7.6.1 ARBITRATION LOCATION AND SEAT, AND ARBITRATION RULES
All Disputes not resolved by mediation or, if applicable, the processes or proceedings of Chapter 6, shall be settled by mandatory binding arbitration administered by the Delhi International Arbitration Centre, Delhi High Court (“DIAC”), or its designated successor, in accordance with the DIAC Arbitration Rules as amended, and judgment on the award rendered by the arbitrator may be entered by any District Court or High Court located in Delhi, India, having jurisdiction. The National Capital Territory (“NCT”) of Delhi shall be the place and seat of the arbitration, and any District Court in NCT of Delhi or the Delhi High Court shall have exclusive venue of any matters relating to the arbitration, including, without limitation, deciding petitions and motions to compel arbitration and confirming, modifying, or vacating the arbitration award. You and Nu Skin consent to the personal jurisdiction of any District Court in NCT of Delhi or the Delhi High Court to adjudicate such matters relating to the arbitration and waive any objection to improper venue. The arbitration proceedings will be held before a single arbitrator, who will render a final and binding decision. The arbitration hearing will be held in the NCT of Delhi at the offices of Nu Skin’s outside counsel unless the parties agree to a different location, or the arbitrator orders a different location in the NCT of Delhi. If the DIAC for any reason is unable or is unwilling to administer the arbitration of a Dispute, the Arbitrating Parties shall agree to a different arbitral forum for administration of the arbitration, and absent an agreement of the Arbitrating Parties, an arbitral forum for administration of the arbitration shall be chosen by a court having proper jurisdiction upon petition of any Arbitrating Party.
7.6.2 DISPUTES REGARDING ARBITRABILITY SHALL BE DECIDED BY THE ARBITRATOR
The arbitrator, and not any central, state, or local court or agency, shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of the Arbitration Agreement, including, but not limited to, any claim that all or any part of the Arbitration Agreement is void or voidable.
7.6.3 ARBITRATION AWARDS
(a) The arbitrator’s award will be final and binding. It will be a full resolution of the Disputes between the Arbitrating Parties in the arbitration. Judgment upon any arbitration award may be entered by any state or central court with jurisdiction located within Delhi, India. All upline Direct Sellers and Teams of the Arbitrating Parties agree that each shall be bound by the final arbitration award and any judgment entered on the arbitration award. Except as otherwise provided in the foregoing sentence, the binding and preclusive effect of any arbitration award will be limited to the actual Disputes and Arbitration Claims arbitrated, and to the Arbitrating Parties, and will have no collateral effect on any other disputes or claims of any kind.
(b) The arbitrator’s decision will be in writing and based on the application of the strict rules of law to the evidence submitted in the arbitration. The arbitrator may award a prevailing Arbitrating Party the costs and expenses of the proceeding, including but not limited to arbitration fees and reasonable attorney’s fees.
(c) These Policies and Procedures contain a punitive damages waiver in Section 4 of Chapter 8 (the “Punitive Damages Waiver”). It is the intention of the Arbitrating Parties that notwithstanding any applicable state statute, public policy, or judicial decision to the contrary, the Punitive Damages Waiver be strictly enforced in arbitrations pursuit to this Chapter 7.
7.6.4 CONFIDENTIALITY
Except as otherwise required by applicable law, order of a court having jurisdiction, or the agreement of all Arbitrating Parties, arbitration proceedings pursuant to this Chapter 7 will be private and closed to the public, and the documents, pleadings, and testimony produced in the proceedings shall be kept confidential. Except as may be required by law (including, but not limited to, when and as required: (a) to be disclosed to regulating governmental authorities or in public filings required by regulating governmental authorities or applicable law; and (b) to be disclosed in due diligence disclosures required to be made in connection with transactions, including sales and loans) or ordered by a court having jurisdiction, and except for the use of the arbitration award to procure or to oppose the entry of a judgment on the arbitration award by a court of law or to appeal or enforce a judgment entered on the arbitration award, neither an Arbitrating Party, the arbitrator, nor the DIAC may disclose the existence, content, or results of any arbitration proceeding without the prior written consent of all the Arbitrating Parties.
7.6.5 ENFORCEMENT OF JUDGMENT ENTERED ON ARBITRATION AWARD; INJUNCTIVE RELIEF
Notwithstanding the Arbitration Agreement, any Arbitrating Party may apply to a court of competent jurisdiction in Delhi, India, or in any other jurisdiction as necessary to enforce a judgment entered on an arbitration award or injunctive relief granted by an arbitrator or a court of competent jurisdiction regarding an arbitration under the Arbitration Agreement. Notwithstanding the Arbitration Agreement, any Arbitrating Party may apply to any District Court or High Court located in Delhi, India, (a) to seek a temporary restraining order, preliminary injunction, other injunctive relief, or an order compelling arbitration; or (b) to enforce its respective trademarks, patents, copyrights, or other intellectual property. The institution of any action in a court for equitable relief, to compel arbitration, to enforce an arbitration award or order or to enforce a judgment entered on an arbitration award or order, will not constitute a waiver of the obligation of any Arbitrating Party to submit any Dispute to arbitration.
7.7 SURVIVAL
The Arbitration Agreement will survive any termination or expiration of the Contract including, without limitation, the Direct Seller Agreement.
7.8 SEVERABILITY
If any part of the Arbitration Agreement is held to be unlawful, void, or unenforceable, that part that is unlawful, void, or unenforceable shall be deemed severed from the remaining provisions of the Arbitration Agreement and shall not affect the validity and enforceability of the remaining provisions of the Arbitration Agreement or the remaining provisions of the Contract. Further to the extent that the whole or any portion of the Contract outside of the Arbitration Agreement is held to be unlawful, void, or unenforceable, the Arbitration Agreement shall be severed from the whole or any portion of the Contract that is unlawful, void, or unenforceable and the Arbitration Agreement shall be enforced to the fullest extent permitted by law.
Chapter 8 | INDEMNIFICATION; WAIVERS OF CLAIMS; LIMITATION OF LIABILITY; DEFENSE OF THIRD-PARTY CLAIMS
8.1 INDEMNITY
You agree to the fullest extent permitted by law to indemnify and hold harmless each of the Nu Skin Beneficiaries from and against any claim, demand, liability, loss, action, causes of action, cost, or expense (including, but not limited to, reasonable attorney’s fees and litigation costs) of any kind, resulting or arising from, directly or indirectly, any acts or omissions by you, any Participant in a Direct Seller Account owned by you at the time of the act or omission, or any Participant in a Direct Seller Account in which you were a Participant at the time of the act or omission, related in any way to conducting the Nu Skin Business, including without limitation, breach of representations or warranties, breach of the Contract or other agreements between you and the NSE Companies, or any one of them, breach of any Other Direct Seller Account Contract, or actions or omissions that have caused or are alleged to have caused economic loss or injuries to persons or property, including bodily injuries and/or death.
This agreement to indemnify and hold harmless is intended to indemnify and hold harmless each of the Nu Skin Beneficiaries (a) from costs and expenses incurred by such Nu Skin Beneficiary in the absence of any claims being made against such Nu Skin Beneficiary or any of the other Nu Skin Beneficiaries, (b) from claims made by you or any Persons claiming by, through, or under you against such Nu Skin Beneficiary, and (c) from claims made by third parties against such Nu Skin Beneficiary, and with regard to such third-party claims you further agree to defend such Nu Skin Beneficiary against such claims at your expense. This agreement to indemnify and hold harmless is not intended to indemnify or hold harmless any Nu Skin Beneficiary to the extent the damages or loss are found in a final award, judgment, or order in an adjudication on the merits to have been caused by such Nu Skin Beneficiary’s own negligence or fault.
You further understand and agree that each Nu Skin Beneficiary reserves the right, at your expense, to assume the exclusive defence and control of any claims made by third parties for which you are required to indemnify such Nu Skin Beneficiary, and you agree to cooperate in such defence. You agree that you will not in any event settle any claim made against a Nu Skin Beneficiary for which you are required to indemnify such Nu Skin Beneficiary without the written consent of such Nu Skin Beneficiary. Each of the Nu Skin Beneficiaries not a party to the Contract is a third-party beneficiary of this agreement to indemnify, defend, and hold harmless.
8.2 WAIVER OF CONSEQUENTIAL AND INDIRECT DAMAGES — BREACH OF CONTRACT
Nu Skin and you agree to waive any claim against the other, and against any of the past or present affiliated companies, owners, officers, directors, employees, or agents of the other, for recovery of any consequential or indirect damages caused by or relating to any breach of the Contract or any other agreement between Nu Skin and you, including, without limitation, loss of personal or business reputation, loss of business opportunity, or loss of future revenue or income. This waiver also does not waive your damages for loss of future revenue or income from Nu Skin when such loss is determined to be a direct damage of the breach of contract. This waiver does not waive Nu Skin’s damages for loss of future revenue or income from you when such loss is determined to be a direct damage of the breach of contract. Subject to the Limitation of Liability of Section 5 of this Chapter 8, it is the intention of Nu Skin and you that only direct damages may be recovered against a breaching party for a breach of the Contract or any other agreement between Nu Skin and you. The past and present affiliated companies, owners, officers, directors, employees, and agents of Nu Skin and you are third-party beneficiaries of this waiver of consequential and indirect damages.
8.3 WAIVER OF CONSEQUENTIAL AND INDIRECT DAMAGES — BREACH OF NON-CONTRACTUAL DUTIES
With the exception of consequential or indirect damages found in a final award, judgment, or order in an adjudication on the merits to have been caused by gross negligence or intentional misconduct, Nu Skin and you agree to waive any claim against the other, and against any of the past or present affiliated companies, owners, officers, directors, employees, or agents of the other, for recovery of any consequential or indirect damages caused by or relating to any breach of any non-contractual duty arising out of or from your past or present status (or the past or present status of any Participant in any past or present Direct Seller Account owned by you or any past or present Direct Seller Account for which you are or were a Participant) as a Direct Seller of Nu Skin. It is the intention of Nu Skin and you that, subject to the Limitation of Liability of Section 5 of this Chapter 8, (a) in addition to direct damages, consequential and indirect damages may be recovered against a breaching party for a breach of a non-contractual duty arising out of or from your past or present status (or the past or present status of any Participant in any past or present Direct Seller Account owned by you or any past or present Direct Seller Account for which you are or were a Participant) as a Direct Seller of Nu Skin if the consequential and indirect damages are found to have been caused by gross negligence or intentional misconduct, and (b) absent a finding that consequential or indirect damages were caused by gross negligence or intentional misconduct, recovery of consequential and indirect damages is waived and only direct damages may be recovered against a breaching party for the breach of a non-contractual duty arising out of or from your past or present status (or the past or present status of any Participant in any past or present Direct Seller Account owned by you or any past or present Direct Seller Account for which you are or were a Participant) as a Direct Seller of Nu Skin. The past and present affiliated companies, owners, officers, directors, employees, and agents of Nu Skin and you are third-party beneficiaries of this waiver of consequential and indirect damages.
8.4 WAIVER OF PUNITIVE DAMAGES
Nu Skin and you agree to waive any claim (whether based in contract, tort, products liability, statute, equity, or any other basis or theory of liability, and whether made in connection with a claim for economic loss, property damage, bodily injury, or death) against the other, or against any of the past or present affiliated companies, owners, officers, directors, employees, or agents of the other, for recovery of any punitive damages. The punitive damages waived shall not include a measure of damages (for example, treble damages) imposed by an applicable state or central statute for a violation of the statute, even if the specified measure of damages exceeds actual damages, and such damages shall be considered direct damages subject to the Limitation of Liability of Section 5 of this Chapter 8 of these Policies and Procedures. The past and present affiliated companies, owners, officers, directors, employees, and agents of Nu Skin and you are third-party beneficiaries of this waiver of punitive damages.
8.5 LIMITATION OF LIABILITY OF THE NU SKIN BENEFICIARIES
You agree that, to the fullest extent permitted by law, the entire aggregate liability of the “Nu Skin Beneficiaries” to you and to any “Person” or entity claiming by, through, or under you, for any claims or causes of action arising out of or in any way connected with or related to the “Contract,” any “Other Direct Seller Account Contract,” or your past or present status (or the past or present status of any “Participant” in any past or present “Direct Seller Account” owned by you or any past or present “Direct Seller Account” for which you are or were a “Participant”) as a “Direct Seller” of “Nu Skin” (the “Limitation of Liability Claims”), will be limited to (the “Liability Limit”) the greater of:
(a) The total amount of all “Bonus and Special Cash Incentive Income” (as such term is defined below) received by you for the “Business Activity” of a past or present “Direct Seller Account” owned by you, a past or present “Direct Seller Account” for which you are or were a “Participant,” or a past or present “Direct Seller Account” in which you have or had a “Nu Skin” approved “Beneficial Interest,” and received by you during the six full calendar month period immediately preceding the first written assertion of a claim or cause of action by you or any “Person” or entity claiming by, through, or under you against one or more of the “Nu Skin Beneficiaries” that forms any portion of the basis for the liability of any one or more of the “Nu Skin Beneficiaries” for any “Limitation of Liability Claims;” or
(b) The cost of “Nu Skin Products” that you or any past or present “Direct Seller Account” owned by you or in which you are or were a “Participant” have purchased from “Nu Skin.”
This “Liability Limit” shall apply regardless of the nature of such “Limitation of Liability Claims,” including but not limited to any claims or causes of action arising in contract, tort, products liability, statute, equity, or any other basis or theory of liability. You further agree that recovery of the “Liability Limit” will be the exclusive remedy collectively of you and any “Person” or entity claiming by, through, or under you against the “Nu Skin Beneficiaries,” or any one or more of them, for any and all “Limitation of Liability Claims” if liability is established and the awarded recoverable damages exceed the “liability limit.”
Each of the “Nu Skin Beneficiaries” not a “Party” to the “Contract” is a third-party beneficiary of this agreement to limitation of liability.
For purposes of this Section 5 and the “Contract,” “Bonus and Special Cash Incentive Income” means the portion of the “Bonuses” and any special cash incentives paid by “Nu Skin”to a past or present “Direct Seller Account” owned by you, a past or present “Direct Seller Account” in which you are or were a “Participant,” or a past or present “Direct Seller Account” in which you have or had a “Nu Skin” approved “Beneficial Interest” that was received by you for your “Business Activities” as a “Direct Seller” for the benefit of that “Direct Seller Account” and that has been or will be treated by you as income (before the deduction of any expenses) for tax purposes.
Notwithstanding anything to the contrary in the “Contract,” this agreement to limitation of liability (i) shall not limit the liability of the “Nu Skin Beneficiaries” for any liability found in a final award, judgment, or order in an adjudication on the merits to have been caused by their gross negligence or intentional misconduct, and (ii) shall not limit the liability of “Nu Skin” to indemnify and defend you pursuant to the terms of Sections 7.1 and 7.2 (“Product Liability Claims and Indemnification”) of Chapter 2 of these “Policies and Procedures.”
8.6 THIRD PARTY CLAIMS
In order to protect Nu Skin and each of the other NSE Companies, their assets, and their reputation from claims or disputes created by outside (non-Direct Seller) third parties, Nu Skin requires the following: if you or any Person for whom you are alleged to be responsible is charged with any infringement of any proprietary right of any outside third party (who is not a Direct Seller) arising from any of Nu Skin’s and/or any of the other NSE Companies’ proprietary assets; or if you or any Person for whom you are alleged to be responsible becomes the subject of any claim or suit by any outside third party (who is not a Direct Seller) related to Business Activity as a Direct Seller or any other action that directly or indirectly negatively affects or puts Nu Skin and/or any of the other NSE Companies, their reputation, or any of their tangible or intangible assets at risk, you will immediately notify Nu Skin. Nu Skin and/or any of the other NSE Companies may (but shall not be obligated to), at their own expense and upon reasonable notice, take whatever action they deem necessary to protect themselves, their reputation, and their tangible and intangible property including, without limitation, agreeing to indemnify and defend you against that claim and suit and thereafter taking full control of the defence and settlement or other resolution of that claim and suit. If Nu Skin and/or any other NSE Company agrees to indemnify and defend you against that claim and suit, you agree that you will take no action related to that claim and suit, unless Nu Skin consents, which consent will not unreasonably be withheld.
Chapter 9 | NU SKIN RESERVATION OF RIGHTS
9.1 SALES TO UNAFFILIATED CUSTOMERS
Nu Skin reserves the right of Nu Skin and the other NSE Companies to make sales to Customers who (a) purchase Nu Skin Products and/or other products or services directly from Nu Skin or any of the other NSE Companies on Company Sites, other than through a Nu Skin Program (as such term is defined below), and (b) have not been registered as the Customer of a Direct Seller Account or, if registered as the Customer of a Direct Seller Account, complete such purchases (i) through a new Customer account as a registered Customer of Nu Skin or another of the NSE Companies, (ii) through guest checkout, or (iii) otherwise without logging into their Customer account registered to a Direct Seller Account (each, an “Unaffiliated Customer”). In connection with the first sale by Nu Skin or any of the other NSE Companies to an Unaffiliated Customer, Nu Skin or such other of the NSE Companies making the sale will give the Unaffiliated Customer the option of consenting to be contacted by a Direct Seller (the “Leads Pool Opt-In”). If the Unaffiliated Customer consents to be contacted by a Direct Seller, Nu Skin or such other of the NSE Companies making the sale will provide the Unaffiliated Customer’s contact information to a Direct Seller Account selected by one of the NSE Companies in its discretion from the appropriate leads pool and will register the Unaffiliated Customer to such Direct Seller Account. Nu Skin and the other NSE Companies are not obligated to pay retail profit, Bonuses, or compensation of any kind under the Contract or otherwise to any Direct Seller Account on the first sale to an Unaffiliated Customer or, if the Unaffiliated Customer does not consent to be contacted by a Direct Seller, on any future sales to that Unaffiliated Customer.
9.2 SALES THROUGH ONLINE MARKETPLACES AND OTHER NU SKIN PROGRAMS
In addition to the rights reserved in Section 1 of this Chapter 9, Nu Skin reserves the right of Nu Skin and the other NSE Companies to sell Nu Skin Products and other products and services, either directly or through third parties, to any Persons in any and all markets through various Nu Skin initiatives (the “Nu Skin Programs”) without being obligated to pay retail profit, Bonuses, or any compensation of any kind under the Contract or otherwise to any Direct Seller Account on such sales. The general right set forth in this Section 2 shall include, but not be limited to, the right of Nu Skin and the other NSE Companies (i) to sell, either directly or through third parties, Nu Skin Products through online marketplaces such as Amazon, (ii) to make sales of Nu Skin Products to Persons referred to Company Sites to purchase such products by Influencers (as such term is defined below), and (iii) to make sales of Nu Skin Products on Company Sites to Persons attracted or directed to Company Sites by any Company Advertising. If a purchase generated by a Nu Skin Program is concluded through a Company Site, Nu Skin may, in its sole discretion, provide such Customer with a Leads Pool Opt-In, provided, however, that the same process and restrictions with respect to such leads pool as set forth in Section 1 above shall apply.
Nu Skin may, in its sole discretion, implement temporary promotional programs from time to time to share a portion of the retail profit, if any, generated on sales of Nu Skin Products by Nu Skin and/or the other NSE Companies to Unaffiliated Customers and/or to Persons purchasing such products under one or more of the Nu Skin Programs. The duration of, rules and requirements for participating in, and any other terms and conditions applicable to any such temporary promotional program may vary and shall be set forth in the official rules for each such temporary promotional program.
Nothing in the Contract shall prohibit you or another Direct Seller from entering into a separate agreement with any of the NSE Companies or with any third-party vendor (including affiliate marketing platform vendors) of the NSE Companies, to the extent permitted by such NSE Company or third-party vendor in its sole discretion, to become an Influencer under a Nu Skin Program to promote the sale of Nu Skin Products and/or products or services offered or sold by one or more of the NSE Companies under brands, trade names, and trademarks other than the Nu Skin Brands by referring potential customers to purchase products on Company Sites through trackable shopping links. However, you will not, nor will any other Direct Seller, receive retail profit, Bonuses, or any compensation of any kind under the Contract on any such sales of Nu Skin Products or such other products or services of the NSE Companies made through such trackable shopping links by any of the NSE Companies to customers referred to Company Sites by you or any other Direct Seller as an Influencer. You will only receive compensation, if any, as provided in the separate agreement with that NSE Company or third-party vendor governing your activities as an Influencer. Further, the Contract does not govern your conduct or activities in the promotion of Nu Skin Products and/or other products or services of the NSE Companies as an Influencer, nor any obligations owed to you as an Influencer by any of the NSE Companies or their third-party vendors. Your conduct and activities as an Influencer in the promotion of Nu Skin Products and/or other products or services of the NSE Companies and any obligations owed to you as an Influencer by any of the NSE Companies or their third-party vendors, is governed by the separate agreement between you and that NSE Company and/or its third-party vendor engaging you as an Influencer. Notwithstanding the foregoing, you shall comply with, and be subject to, the provisions of Chapter 3 of these Policies and Procedures regarding the marketing of Nu Skin Products, as well as any guidelines governing the marketing and online promotion and selling of Nu Skin Products applicable to you as a Direct Seller, whenever you promote Nu Skin Products, even if such promotion is done by you in your capacity as an Influencer under a Nu Skin Program unless and to the extent your agreement to be an Influencer expressly states otherwise.
9.3 SALES BY THE NSE COMPANIES OF PRODUCTS UNDER DIFFERENT BRANDS AND TRADEMARKS
You understand and agree that the Contract provides you the right to purchase, market, and sell Nu Skin Products, and that you have no right under the Contract to (a) purchase, market, or sell any products or services (other than Nu Skin Products) offered or sold by any of the NSE Companies, or (b) purchase, market, or sell products or services offered or sold by any of the NSE Companies under brands, trade names, or trademarks other than the Nu Skin Brands. You understand and agree that the NSE Companies reserve the right to sell through one or more of the NSE Companies products and services offered or sold under brands, trade names, and trademarks other than the Nu Skin Brands, including products and services that may be similar to and may compete with Nu Skin Products in the health, beauty, and wellness marketplace. You understand and agree that the NSE Companies reserve the right to offer and sell such products and services through distribution channels other than the Network and to sell such products and services using distribution methods other than multi-level marketing. Nothing in the Contract shall prohibit you or another Direct Seller from entering into a separate agreement with any of the NSE Companies, to the extent permitted by such NSE Company in its sole discretion, to offer or sell products or services of such NSE Company under any brands, trade names, or trademarks other than the Nu Skin Brands. However, you will not receive retail profit, Bonuses, or any compensation of any kind under the Contract on any sales by any of the NSE Companies of products or services sold under brands, trade names, or trademarks other than the Nu Skin Brands. You will only receive compensation, if any, as provided in the separate agreement with that NSE Company.
Chapter 10 | General Terms
10.1 CHANGES TO THE CONTRACT
Nu Skin expressly reserves the right to make any modifications to the Contract upon 30 days’ notice by publication on the Company Sites, through normal channels of communication with Direct Sellers, or as provided in Section 10 of this Chapter 10. You understand and agree that 30 days after such notice, any such modifications shall become effective and shall be automatically incorporated into the Contract between you and Nu Skin as an effective and binding provision. By continuing to act as a Direct Seller, engaging in any Business Activity, or accepting any Bonuses or special incentives after such modifications have become effective, you acknowledge acceptance of the new Contract terms. Nu Skin agrees that in making any claims or in taking any actions against you or any Direct Seller Account that was or is owned by you or in which you are or were a Participant for breach of the terms or conditions of the Contract, any of your conduct and any conduct for which you or any Direct Seller Account that was or is owned by you or in which you are or were a Participant is responsible that occurred prior to the effective date of a modification to the Contract will be judged by the terms and conditions of the Contract in effect at the time of the conduct. Nu Skin and you agree that any dispute (whether or not a Dispute as defined in the Contract) between you and Nu Skin or any of the other NSE Companies (whether commenced by you by filing a demand for arbitration as provided in Chapter 7 or a complaint, petition, or other pleading seeking relief in a civil legal action, or commenced by Nu Skin by delivering notice of an alleged breach of the Contract or any Other Direct Seller Account Contract and action to be taken by Nu Skin as provided in Chapter 6 or by filing a demand for arbitration as provided in Chapter 7, or by filing a complaint, petition, or other pleading seeking relief in a civil legal action) will be governed by and will be subject to the dispute resolution process (including the agreement to arbitrate Disputes, agreements not to file class or representative actions, and agreements as to choice of law, jurisdiction, and venue) and the remedies allowed for breaches of contractual or non-contractual duties (including waivers of damages, limitations of liability, and obligations to indemnify, defend, or hold harmless) of the Contract in effect on the date of the commencement of the dispute as described herein above. Notwithstanding the foregoing sentence and as a limited exception to it, to the fullest extent permitted by law, modifications to the Contract pursuant to written notice as permitted in this Section 1 that by their terms expand the damages that may be recovered from Nu Skin or the other NSE Companies by a Direct Seller in the resolution of disputes (whether or not a Dispute as defined in the Contract) between the Direct Seller and Nu Skin or the other NSE Companies shall be effective as to disputes that were commenced before the modifications became effective, were pending further proceedings, and had not been concluded at the time the modification became effective. Except as provided in the foregoing sentence, modifications of the Contract pursuant to written notice as permitted in this Section 1 shall not be effective as to any disputes (whether or not a Dispute as defined in the Contract) between you and Nu Skin or the other NSE Companies that were first commenced before the effective date of the modification.
10.2 WAIVERS AND EXCEPTIONS
Nu Skin reserves the right, in its sole discretion, to waive a breach of, or make an exception to, any provision of the Contract. Any waiver by Nu Skin of a breach of any provision of the Contract or any exception made by Nu Skin to any provision of the Contract must be in writing and will not be construed as a waiver of any subsequent or additional breach or an exception for any other Person. Any right or prerogative of Nu Skin under the Contract may be exercised at Nu Skin’s sole discretion. Any exception made by Nu Skin, or any failure or delay by Nu Skin in exercising any right or prerogative under the Contract will not operate as a future exception or waiver of that right or prerogative.
10.3 INTEGRATED CONTRACT
The Contract is the final expression of the understanding and agreement between you and Nu Skin concerning your relationship with Nu Skin and any transactions with Nu Skin, and supersedes all prior and contemporaneous agreements, discussions, or understanding (in any form, both oral and written) between Nu Skin and you related to your relationship with Nu Skin or any transactions with Nu Skin. The Contract may not be altered or amended except as provided in the Direct Seller Agreement and these Policies and Procedures. The existence or terms of the Contract may not be contradicted by evidence of any alleged prior contemporaneous oral or written agreement. Should any discrepancy exist between the terms of the Contract and verbal representations made to you by any Nu Skin employee or another Direct Seller, the express written terms and requirements of the Contract will prevail.
10.4 SEVERABILITY
Any provision of the Contract that is prohibited, judicially invalidated, or otherwise rendered unenforceable in any jurisdiction is ineffective only to the extent of the prohibition, invalidation, or unenforceability, and only within that jurisdiction and any jurisdiction required to give full faith and credit to that prohibition, invalidation, or unenforceability. Any prohibited, judicially invalidated or unenforceable provision of the Contract will not invalidate or render unenforceable any other provision of the Contract, nor will that provision of the Contract be invalidated or rendered unenforceable in any other jurisdiction not required to give full faith and credit to that prohibition, invalidation, or unenforceability.
10.5 CHOICE OF LAW
The place of origin and acceptance of the Contract is the NCT of Delhi, India. The Contract will be governed by, construed in accordance with, and interpreted pursuant to the substantive laws of the NCT of Delhi, India, without giving effect to its rules regarding choice of laws, provided, however, the Agreement to Mandatory and Binding Arbitration in Section C of the Direct Seller Agreement and the Arbitration Agreement in Chapter 7 of these Policies and Procedures shall be governed by the DIAC Arbitration Rules.
10.6 CHOICE OF VENUE
The agreed exclusive venue for the arbitration of any Dispute is in Delhi, India, as provided in Section 6.1 of Chapter 7. It is further agreed that for any Dispute that is not submitted to arbitration for any reason whatsoever (including, without limitation, the unenforceability of the Agreement to Mandatory and Binding Arbitration in the Direct Seller Agreement and/or the Arbitration Agreement in Chapter 7 of these Policies and Procedures or the waiver of the Agreement to Mandatory and Binding Arbitration and/or the Arbitration Agreement in Chapter 7 of these Policies and Procedures) and that for any claims, disputes, controversies, causes of action, or complaints between you or any Person claiming by, through, or under you and any of the NSE Companies that is not a Dispute, the exclusive venue will be in a court of proper jurisdiction in Delhi, India. You consent to personal jurisdiction of courts within Delhi, India, to adjudicate such matters, and you waive any objection to improper venue.
10.7 WAIVER OF CLASS AND REPRESENTATIVE ACTIONS
You waive any right to assert as a class or representative action any claims, disputes, controversies, causes of action, or complaints between you or any Person claiming by, through, or under you, and any of the NSE Companies, whether or not a Dispute, that is adjudicated in any central or state court and that arises out of or is in any way connected with or related to the Contract or your past or present status (or the past or present status of any Participant in any past or present Direct Seller Account owned by you or any past or present Direct Seller Account for which you are or were a Participant) as a Direct Seller of Nu Skin, including but not limited to, any claims or causes of action arising in contract, tort, products liability, statute, equity, or any other basis or theory of liability. You agree that you will not assert in central or state courts a class or representative action to resolve such claims, disputes, controversies, causes of action, or complaints, agree that you will submit to the central or state courts only your individual claims, and you agree that you will not seek to represent the interests of, or to assert claims as the representative of, any other Person.
10.8 ENGLISH AS PREVAILING LANGUAGE
The English language version of the Contract shall be controlling in all respects and shall prevail in case of any inconsistencies between the English language version of any portion of the Contract and any translated version of such portion of the Contract. Any translation of any portion of the Contract in any other language is provided as a courtesy only.
10.9 THIRD-PARTY BENEFICIARY RIGHTS
Except as expressly stated in the Contract, no Person who is not a party to the Contract is intended to be a beneficiary of the Contract, and no Person who is not a party or an expressed beneficiary of the Contract shall have any right to enforce any provision of the Contract.
10.10 NOTICES
Unless otherwise provided in the Contract, any notice or other communications requested or permitted to be given under the Contract will be in writing and will be delivered personally, transmitted by email, or sent by first class, certified (or registered) or express mail, postage prepaid. Unless otherwise provided in the Contract, notices will be deemed given (a) when delivered personally, (b) when transmitted by email: (i) if to Nu Skin, to the Nu Skin email addresses provided in these Policies and Procedures or elsewhere in the Contract for such notice or other communication; and (ii) if to the Direct Seller, to the Direct Seller’s email address as recorded in the Direct Seller’s profile on the Nu Skin Systems, or (c) when transmitted by mail: (i) if to Nu Skin, five calendar days after the date of mailing to the address of Nu Skin’s headquarters at Unit 1, Level – 7, Wing – B, Satellite Gazebo, Guruhargovidji Marg, Andheri Ghatkopar Link Road, Chakala, Andheri (E), Mumbai – 400093; and (ii) if to the Direct Seller, five calendar days after the date of mailing to the Direct Seller’s address as provided in the Direct Seller’s profile on the Nu Skin Systems.
10.11 SUCCESSORS AND CLAIMS
The Contract will be binding upon and inure to the benefit of you, Nu Skin, and any Person identified in the Contract to be a third-party beneficiary of the Contract, and their respective successors and assigns.
10.12 HEADINGS
The headings in the Contract are for convenience of reference only and will not limit or otherwise affect any of the terms or provisions of the Contract.
10.13 INTERNAL REFERENCES
All references to Sections or Chapters herein refer to Sections or Chapters of these Policies and Procedures unless otherwise indicated.
10.14 PLURALITY AND GENDER
All words will be deemed to include the plural as well as the singular and to include all genders.
Addendum A Glossary of Defined Terms
Addendum A Glossary of Defined Terms
AGGREGATE LIABILITY LIMIT: Defined in Section 5 of Chapter 8.
ALLEGED VIOLATIONS: Defined in Section 3 of Chapter 6.
ALLEGED VIOLATION MATTERS: Defined in Section 3.3 of Chapter 6.
APPLICATION: The information provided to Nu Skin during the application process to become a Direct Seller in India (including, in connection with an Individual Direct Seller Account, the required Direct Seller owner and Spouse (if applicable) information, and, in connection with a Business Entity Direct Seller Account, the required Business Entity, Primary Participant, and other Participant information). Upon Nu Skin’s acceptance of an Application, the applicant (including, in the case of an Individual Direct Seller Account, the Direct Seller owner and any Spouse, and, in the case of a Business Entity Direct Seller Account, the Business Entity, the Primary Participant, and the other Participants who have agreed to the terms of the Direct Seller Agreement and the Contract) becomes a Direct Seller.
ARBITRATION AGREEMENT: Defined in Section 2 of Chapter 7.
ARBITRATION CLAIM: Defined in Section 5 of Chapter 7.
ARBITRATING PARTY: Defined in Section 5 of Chapter 7.
AUTOMATIC DELIVERY PROGRAM: The Nu Skin Automatic Delivery Program, as discussed in Section 3.10 of Chapter 2.
BENEFICIAL INTEREST:
As to Direct Seller Accounts: Any interest whatsoever, whether it is direct or indirect, including but not limited to any ownership interest, rights to present or future benefits, financial or otherwise, rights to go on Nu Skin sponsored trips and other events, rights to purchase Nu Skin Products at Direct Seller prices, recognition of any type, or other tangible or intangible benefits associated with a Direct Seller Account. An individual is considered to have a Beneficial Interest in the Direct Seller Account of a Spouse. If a Person is or should be listed as a Participant of a Business Entity Direct Seller Account, the Person is considered to have a Beneficial Interest in such Business Entity Direct Seller Account. Any individual with a Beneficial Interest in a Business Entity will be deemed to have a Beneficial Interest in the Direct Seller Account of that Business Entity.
As to a Business Entity: Any interest whatsoever, whether it is direct or indirect, including but not limited to any ownership interest, rights to present or future benefits, financial or otherwise, or any rights to management or control of the Business Entity including, without limitation, serving as a director, officer, or manager of the Business Entity.
As to a Direct Sales Company: Any interest whatsoever, whether it is direct or indirect, including but not limited to any ownership interest, rights to present or future benefits, financial or otherwise, rights to go on Direct Sales Company sponsored trips and other events, rights to purchase the products of a Direct Sales Company at wholesale prices, recognition of any type, or other tangible or intangible benefits associated with a distributorship of a Direct Sales Company. An individual is considered to have a Beneficial Interest in a Direct Sales Company distributorship of (a) a Spouse, and (b) a Business Entity if the individual has a Beneficial Interest in the Business Entity.
BONUS: The amounts payable to the Direct Seller owner of a Direct Seller Account under the terms of the applicable Sales Performance Plan.
BONUS AND SPECIAL INCENTIVE INCOME: Defined in Section 5 of Chapter 8.
BRAND AFFILIATE: A Direct Seller who sells at least ₹10,000 worth of Nu Skin Products in India to their Customers and Direct Sellers through Nu Skin Systems within a single calendar month. A Direct Seller who achieves Brand Affiliate status can, in addition to all the other rights authorized by Nu Skin under the Contract to a Direct Seller, purchase Nu Skin Products at the Brand Affiliate price and is only eligible to earn the Marketing Bonus and the first tier of the Developing Bonus under the Sales Performance Plan. The term Brand Affiliate may also be used as a general reference to refer to all Brand Affiliates and Brand Representatives. For example, a Gold or Emerald can be referred to as a Brand Affiliate as a general reference when talking about all Brand Affiliates.
BRAND REPRESENTATIVE: A Direct Seller or Brand Affiliate who has completed the formal qualification process outlined in the Sales Performance Plan to become a Brand Representative.
BUSINESS ACTIVITY: Any activity that benefits, promotes, or assists the business of a Direct Seller Account, including agreeing to be bound by the terms and conditions of a Direct Seller Agreement, purchasing Nu Skin Products from or returning Nu Skin Products to Nu Skin, recruiting and/or causing a Direct Seller Account to sponsor new Direct Sellers, servicing, supporting, or training other Direct Sellers or Customers, using credit cards, using or providing shipping services, or engaging in any other activities that Nu Skin, in its sole discretion, determines to be a material promotion of the business of selling products under the Nu Skin Brands, including the recruiting of new Direct Sellers.
BUSINESS DEVELOPMENT ACTIVITY: Any activity that (a) organizes, forms, or creates a Direct Sales Company, whether or not the Direct Sales Company sells products that compete with Nu Skin Products or other products or services of the NSE Companies, or (b) benefits, promotes, assists, or supports the business opportunity of selling products of and/or recruiting sales personnel for a Direct Sales Company, including but not limited to marketing and selling products for the Direct Sales Company, recruiting or attempting to recruit and/or sponsoring or attempting to sponsor Persons to promote the products and/or business opportunity of a Direct Sales Company, appearing on behalf of a Direct Sales Company or one of its representatives to promote the business opportunity or products of a Direct Sales Company, allowing your name or likeness to be used to market or promote the business opportunity or products of a Direct Sales Company, servicing, supporting, or training sales representatives of a Direct Sales Company, acting as a member of the board of directors or as an officer of a Direct Sales Company, or having an ownership interest or any other beneficial interest, whether the interest is direct or indirect, in a Direct Sales Company.
BUSINESS ENTITY: Any business entity such as a corporation, partnership, limited liability company, trust, or other form of business organization legally formed under the laws of the jurisdiction in which it is organized.
BUSINESS ENTITY DIRECT SELLER ACCOUNT: A Direct Seller Account created in the Nu Skin Systems in the name of and owned by a single Business Entity. The Business Entity and each Participant in a Business Entity Direct Seller Account are Direct Sellers. The Business Entity may be referred to as a Direct Seller owner, and a Participant may be referred to as a Direct Seller Participant. Each Person who will have a Beneficial Interest in the Business Entity or the Business Entity Direct Seller Account or who will engage in Business Activity on behalf of the Business Entity and its Direct Seller Account must submit an Application and agree to be bound by the terms and conditions of a Direct Seller Agreement and be added as a Participant in the Business Entity Direct Seller Account in the Nu Skin Systems. The actions and decisions of the Primary Participant of a Business Entity Direct Seller Account as communicated to Nu Skin or another of the NSE Companies are binding on the Business Entity, the Business Entity Direct Seller Account, and each of its Participants.
BUSINESS ENTITY FORM: The Business Entity Form must be completed and signed by a Business Entity applying to become a Direct Seller, as well as each individual that will be a Participant in the Direct Seller Account of the Business Entity. The Business Entity Form must list all Persons who are partners, shareholders, principals, officers, directors, members, managers, or anyone else with a Beneficial Interest in the Business Entity or who will engage in Business Activity on behalf of the Business Entity and its Direct Seller Account.
CAC: Compliance Appeals Committee whose duties are described in Chapter 6.
CDSCO: The Central Drugs Standards Control Organization, as discussed in Section 2.3 of Chapter 3.
COMPANY ADVERTISING: Advertising or promotion of any kind on any platforms of any kind (including without limitation digital advertising (including but not limited to paid search, search engine, targeted, and social media advertising), print advertising, and broadcast advertising) of Nu Skin Products and/or the Nu Skin Brands by any of the NSE Companies.
COMPANY SITES: E-commerce sites hosted by one or more of the NSE Companies.
COMPLIANCE DEPARTMENT: The compliance department of Nu Skin providing services to Nu Skin regarding Contract compliance issues.
CONFIDENTIAL INFORMATION: All private, confidential, and/or proprietary information disclosed to or discovered by you regarding Nu Skin, the other NSE Companies, the Nu Skin Products, other products and services of the NSE Companies, or the Nu Skin Brands, including, without limitation, intellectual property rights, trade secrets, the Network, personal information, sales volumes and genealogy, manuals, protocols, policies, procedures, marketing, and strategic information, computer software, training materials, non-public financial information, and any copies, notes or abstracts of any such information, or any other information that Nu Skin or the other NSE Companies consider proprietary, highly sensitive, or valuable to its business.
CONSENT TO TRANSFER AGREEMENT: Defined in Section 4.1 of Chapter 1.
CONTRACT: The agreement between Nu Skin and a Direct Seller composed of the Direct Seller Agreement, the Business Entity Form (if applicable), these Policies and Procedures, the Sales Performance Plan, and all guidelines and supplemental policies referenced in the Direct Seller Agreement, these Policies and Procedures, or the Sales Performance Plan and made available to Direct Sellers on Nu Skin’s website at www.nuskin.com/India, each of which is incorporated herein by reference, as each may be amended from time to time.
CRC: Compliance Review Committee whose duties are described in Chapter 6.
CUSTOMER: A Person who is not a Direct Seller who purchases Nu Skin Products, including unregistered customers (including Unaffiliated Customers) and registered customers (including Retail Customers and Members).
DIRECT RETAIL CUSTOMER: A Customer who purchases Nu Skin Products sold by Nu Skin to a Direct Seller and resold directly by such Direct Seller to the Customer for consumption or personal use, and not for resale.
DIRECT SALES COMPANY: A company that is not one of the NSE Companies that uses a sales force of independent contractors who sell products and services and that compensates the independent contractors through a single-level or multi-level compensation plan for (i) their own sales, and/or (ii) the sales of other independent contractors who have signed up under the independent contractors to distribute the same products and services.
DIRECT SELLER: An independent contractor authorized by Nu Skin under a Contract to (a) buy Nu Skin Products for personal consumption and resale in India: (b) market and sell Nu Skin Products in India through person-to-person sales and earn retail profit on such sales; (c) refer and register Customers in India with Nu Skin to allow them to purchase Nu Skin Products directly from Nu Skin; (d) cause their Direct Seller Account to sponsor other Direct Sellers in India; and (e) have a Beneficial Interest in their Direct Seller Account but who has not yet achieved the qualifications to become a Brand Affiliate or Brand Representative under the Sales Performance Plan. Direct Sellers who have not achieved Brand Affiliate or Brand Representative status can purchase Nu Skin Products at the Member Price and are only eligible to earn the Marketing Bonus under the Sales Performance Plan. The term “Direct Seller” is also used to refer generally to all Direct Sellers, Brand Affiliates, and Brand Representatives.
DIRECT SELLER ACCOUNT: The business account created in the Nu Skin Systems for the Business Activity conducted by a Direct Seller, including without limitation for Direct Sellers to receive any Bonuses paid in accordance with the terms and requirements of the Sales Performance Plan and any special incentives paid in accordance with the special incentives requirements. When a Direct Seller Account is created for a Direct Seller, such Direct Seller is also assigned a Direct Seller ID and issued a Direct Seller Identification Card. An individual who signs up as a Direct Seller solely in their individual capacity and for their own account will own an Individual Direct Seller Account in their name. If an individual signs up to participate as a Direct Seller through the Direct Seller Account of a Spouse or Business Entity, such individual will not have or own a Direct Seller Account but will be a Participant in the Direct Seller Account of such Spouse or Business Entity. In the case of a Business Entity Direct Seller Account, the owner of the Direct Seller Account is the Business Entity, and the individual who creates a Direct Seller Account for a Business Entity is a Participant of such Direct Seller Account. Each of the owner, the Primary Participant, and any other Participants of a Direct Seller Account is a Direct Seller. Bonuses and any special incentives will be paid to the owner of the Direct Seller Account based on the Business Activities of the owner and Participants of such Direct Seller Account. Any special non-cash incentives will be awarded to the owner of the Direct Seller Account based on the Business Activities of the owner and Participants of such Direct Seller Account.
DIRECT SELLER AGREEMENT: The Application and the Direct Seller Agreement, and if applicable, the Business Entity Form, that must be completed, approved, and submitted to Nu Skin in order to become a Direct Seller. The Direct Seller Agreement may be amended from time to time as provided in the Contract.
DIRECT SELLER BUSINESS SUPPORT MATERIALS: Any electronic, printed, oral, audio, or video content, presentation, or other material, including without limitation any social media content (including posts, images, recorded and live video presentations, and similar material), personalized business cards, websites, mobile apps, and tools, created by a Direct Seller for their personal use in the promotion of Nu Skin Products or the Nu Skin Business opportunity, the recruitment of prospective Direct Sellers, and/or the training of other Direct Sellers that makes reference to Nu Skin, the Nu Skin Products, the Sales Performance Plan, and/or the Nu Skin Brands.
DISPUTE: Defined in Section 3 of Chapter 7.
DOWNLINE: A “downline” is the network of independent contractors sponsored by another independent contractor, and the independent contractors sponsored by those sponsored independent contractors, and so forth.
FCPA: The U.S. Foreign Corrupt Practices Act, as discussed in Section 1.12 of Chapter 2.
FSSAI: The Food Safety and Standards Authority of India, as discussed in Section 2.3 of Chapter 3.
INDIVIDUAL DIRECT SELLER ACCOUNT: A Direct Seller Account created in the Nu Skin Systems in the name of and owned by a single individual. An individual may participate in an Individual Direct Seller Account owned by a Spouse as a Participant. The owner and any Participant in an Individual Direct Seller Account are Direct Sellers, and the owner may be referred to as a Direct Seller owner, and a Participant may be referred to as a Direct Seller Participant. The actions and decisions of the owner of an Individual Direct Seller Account as communicated to Nu Skin or another of the NSE Companies are binding on the owner, the Individual Direct Seller Account, and any Participant.
INFLUENCER: A Person or Business Entity engaged in affiliate advertising that has a separate marketing agreement (other than a Direct Seller Agreement) with one or more of the NSE Companies or their third-party vendors (including affiliate marketing platform vendors) to create advertising content to market Nu Skin Products on various promotion sites (including but not limited to websites, social media channels and sites, apps, platforms, and other similar forums) as set forth in such marketing agreement and to place trackable shopping links on such promotion sites that direct potential customers to Company Sites to purchase Nu Skin Products. An Influencer may also be authorized under a separate marketing agreement to market and promote the sale of products or services offered or sold by one or more of the NSE Companies under any brands, trade names, logos, and/or trademarks that are not Nu Skin Brands.
LEADS POOL OPT-IN: Defined in Section 1 of Chapter 9.
LIABILITY LIMIT: Defined in Section 5 of Chapter 8.
LIMITATION OF LIABILITY CLAIMS: Defined in Section 5 of Chapter 8.
LINE SWITCH CLAIM: Defined in Section 3.2 of Chapter 6.
MEMBER: A Customer who signs up through the Nu Skin Systems to purchase Nu Skin Products at the Member price. Members are sometimes referred to as preferred customers. Members cannot resell Nu Skin Products, register Customers, or sponsor Direct Sellers.
NETWORK: The Direct Seller and Customer network owned by Nu Skin and its affiliated entities and all compilations of various lists describing such network or members thereof, including but not limited to any and all contact or personal information collected by any of the NSE Companies regarding the Direct Sellers and/or Customers of such network.
NSE COMPANIES: Collectively Nu Skin Enterprises, Inc. and each of its direct and indirect subsidiaries and affiliated companies, including but not limited to Nu Skin India Private Limited, Rhyz India Private Limited, NSE Asia Products Pte. Ltd., Nu Skin International, Inc., and NSE Products, Inc.
NU SKIN OR THE COMPANY: Nu Skin India Private Limited, a company organized under the laws of the State of Delhi, India.
NU SKIN BENEFICIARIES: Each of the NSE Companies (including Nu Skin) and each of their respective past and present affiliated companies, owners, officers, directors, employees, and agents.
NU SKIN BRANDS: The brands, trade names, logos, and trademarks owned or licensed by NSE Products Inc. or its affiliates, including without limitation Nu Skin and Rhyz India Private Limited, including but not limited to ageLOC®, LumiSpa®, Galvanic Body Spa®, LifePak®, Epoch®, Nu Skin®, Pharmanex®, Nutricentials®, Scion®, MYND360™, Tru Face™, Sunright™, TRME™, SereNu™, and Prysm iO™.
NU SKIN BUSINESS: The business of promoting and selling products and services under the Nu Skin Brands as a Direct Seller and promoting to Persons who are not Direct Sellers the business opportunity of becoming a Direct Seller and operating a Nu Skin Business.
NU SKIN BUSINESS SUPPORT MATERIALS: Any electronic, printed, oral, audio, or video content, presentation, or other material, including without limitation any social media content (including posts, images, recorded and live video presentations, and similar material), websites, mobile apps, and tools, created by Nu Skin or another of the NSE Companies as a resource for the individual use of Direct Sellers in the promotion of Nu Skin Products or the Nu Skin Business opportunity, the recruitment of prospective Direct Sellers, and/or the training of other Direct Sellers.
NU SKIN BUSINESS SUPPORT MATERIALS AND SERVICES: This term is used to refer to Nu Skin Business Support Materials and Nu Skin Business Support Services together.
NU SKIN BUSINESS SUPPORT SERVICES: Any services or business tools supporting the offer or sale of Nu Skin Products, recruitment of prospective Direct Sellers, or the training of Direct Sellers, which are provided by Nu Skin or another of the NSE Companies as a resource for the individual use of Direct Sellers.
NU SKIN PARTNER: An individual or Business Entity that is not one of the NSE Companies but that has a contractual relationship with one or more of the NSE Companies whereby Direct Sellers may offer or sell Partner Products of such individual or Business Entity pursuant to a separate agreement entered into between participating Direct Sellers and such individual or Business Entity and/or the applicable NSE Companies. For clarity, participating Direct Sellers must be approved by the Nu Skin Partner and/or the applicable NSE Companies to offer or sell Partner Products, and participating Direct Sellers will only receive compensation, if any, for the offer or sale of Partner Products as set forth in such separate agreement. No Direct Seller will receive retail profit, Bonuses, or any compensation of any kind under the Contract on any offer or sale of Partner Products.
NU SKIN PRODUCTS: The products and services offered and sold by Nu Skin in India under the Nu Skin Brands. “Nu Skin Products” do not include products or services offered or sold by one or more of the NSE Companies under any brands, trade names, logos, and/or trademarks that are not Nu Skin Brands.
NU SKIN PROGRAMS: Defined in Section 2 of Chapter 9.
NU SKIN SYSTEMS: The systems used by the NSE Companies to create and maintain a record of each Direct Seller Account and any information associated with such Direct Seller Account, including but not limited to the names and contact information of the owner of and any Participants in a Direct Seller Account, the bank account information for receiving any Bonuses and special cash incentives paid to such Direct Seller Account, the Title and Team of such Direct Seller Account, any Customers registered to such Direct Seller Account, the volume of sales of products sold under such Direct Seller Account, and any Bonuses or special incentives owed to such Direct Seller Account.
OTHER DIRECT SELLER ACCOUNT CONTRACT: The agreement between Nu Skin and any owner of or Participant in Your Direct Seller Account.
OTHER NSE COMPANY PRODUCTS: Products or services offered or sold by one or more of the NSE Companies under brands, trade names, and trademarks other than the Nu Skin Brands.
PARTICIPANT: A Direct Seller who is authorized to engage in Business Activities for and to have a Beneficial Interest in a Direct Seller Account owned by another Person. Each “Participant” is required to have agreed to the terms of the Direct Seller Agreement and to be bound by the terms and conditions of the Contract to which the owner of the Direct Seller Account is bound.
PARTNER PRODUCTS: Products or services offered or sold by a Nu Skin Partner.
PERSON: An individual or Business Entity.
POLICIES AND PROCEDURES: These Policies and Procedures of Nu Skin applicable to Direct Sellers in India, as they are amended from time to time, and which, along with the Direct Seller Agreement adopted and implemented by Nu Skin for Direct Sellers in India and the remainder of such Direct Sellers’ Contracts, govern how Direct Sellers in India may conduct their Nu Skin Business and define the rights and relationships of the Direct Seller and Nu Skin.
PRIMARY PARTICIPANT: A single individual Participant in a Business Entity Direct Seller Account that is the authorized representative of the Business Entity and is designated in the Nu Skin Systems as the Primary Participant based on the Application of the Business Entity Direct Seller and any subsequent information submitted to Nu Skin. Nu Skin may rely and act on information provided by the Primary Participant of a Business Entity Direct Seller Account, and the actions and decisions of the Primary Participant as communicated to Nu Skin or another of the NSE Companies are binding on the Business Entity, the Business Entity Direct Seller Account, and each of its Participants. It is the responsibility of the Primary Participant to ensure that any Person who has a Beneficial Interest in the Business Entity or the Business Entity Direct Seller Account or who will engage in Business Activity on behalf of the Business Entity and its Direct Seller Account submits an application to become a Direct Seller and is added as a Participant in the Business Entity Direct Seller Account in the Nu Skin Systems, subject to Nu Skin accepting such application.
PUNITIVE DAMAGES WAIVER: Defined in Section 4 of Chapter 8.
RETAIL CUSTOMER: A Customer who signs up through the Nu Skin Systems to purchase Nu Skin Products at retail prices. Retail Customers cannot resell Nu Skin Products, register Customers, or sponsor Direct Sellers.
RMA: Defined in Section 4.3 of Chapter 2.
SALES PERFORMANCE PLAN: The compensation plan, as it may be amended from time to time, that has been adopted and implemented for Direct Sellers in India and incorporated into the Direct Seller Agreement, and which allows a Direct Seller Account to earn Bonuses through sales of products sold under the Nu Skin Brands generated personally by Direct Sellers and through a network of sponsored Direct Sellers.
SEXUAL HARASSMENT: Defined in Section 1.10 of Chapter 2.
SPONSOR: The Direct Seller Account under which another Direct Seller Account is placed in the Nu Skin Systems. The Sponsor is originally assigned at the time a Direct Seller Account is created in the Nu Skin Systems, but the Sponsor of a Direct Seller Account may change from time to time as provided in the Sales Performance Plan and these Policies and Procedures.
SPOUSE: An individual legally married to another individual as per the applicable law enforced.
TEAM: A Team consists of all Generations of Brand Representatives and their Groups as determined by the Brand Representative’s Title (see Table 2.B in the Sales Performance Plan). A Team does not include the Direct Seller or their Group.
THIRD-PARTY PRODUCTS: Defined in Section 2.1 of Chapter 5.
TITLE: Titles are achieved as a Brand Representative based on their Group Sales, Leadership Teams, and
Leadership Team Sales. A Brand Representative’s Title determines the number of Generations on which that Brand Representative can earn a Leading Bonus (see Table 2.B in the Sales Performance Plan).
TRANSFER AGREEMENT: Defined in Section 4.1 of Chapter 1.
UNAFFILIATED CUSTOMER: Customers who (a) purchase Nu Skin Products or other products and services directly from Nu Skin or the other NSE Companies on Company Sites, other than through a Nu Skin Program, and (b) have not been registered as the Customer of a Direct Seller Account or, if registered as the Customer of a Direct Seller Account, complete such purchases (i) through a new Customer account as a registered Customer of Nu Skin or another of the NSE Companies, (ii) through guest checkout, or (iii) otherwise without logging into their Customer account registered to a Direct Seller Account.
SALES PERFORMANCE PLAN: The compensation plan, as it may be amended from time to time, that has been adopted and implemented for Direct Sellers in India and incorporated into the Direct Seller Agreement, and which allows a Direct Seller Account to earn Bonuses through sales of products sold under the Nu Skin Brands generated personally by Direct Sellers and through a network of sponsored Direct Sellers.
YOU and YOUR: The Person who enters a Direct Seller Agreement (or that has authorized others to enter a Direct Seller Agreement on their behalf) to become a Direct Seller, including with respect to a Business Entity Direct Seller Account, the Business Entity applying for a Direct Seller Account and the individual applicant that enters the Direct Seller Agreement on its behalf.
YOUR DIRECT SELLER ACCOUNT: The Direct Seller Account owned by you or in which you are a Participant. May also appear as “your Direct Seller Account.”
YOUR TEAM: The Team of Your Direct Seller Account.
IN Sales Performance Plan
Version 1.0
Effective October 30th 2025
DownloadTable of Contents
NU SKIN INDIA
SALES PERFORMANCE PLAN
EFFECTIVE NOVEMBER 1, 2025
TABLE OF CONTENTS
3. BRAND REPRESENTATIVE STATUS
3.1 QUALIFYING AS A BRAND REPRESENTATIVE
3.2 BRAND REPRESENTATIVE STATUS
4.2 TERMINATION OF DIRECT SELLER ACCOUNTS
4.3 OTHER MATERIALS AND TRANSLATIONS
1. PLAN OVERVIEW
1.1 INTRODUCTION
The Nu Skin India Sales Performance Plan (“this Plan”) is designed to reward you, as a Direct Seller, for:
Marketing and selling our Products to your Customers and Direct Sellers;
Developing Direct Sellers who sell our Products to their Customers and Direct Sellers; and
Leading Brand Representatives as they build and develop their own Groups.
This Plan sets forth the terms and conditions for the sales compensation you can receive through this Plan. We encourage you to carefully read this Plan and refer to the Glossary for definitions of capitalized terms.
This Plan is separate and distinct from all other Nu Skin International and affiliated sales performance plans. Sales and business activity from Nu Skin India does not contribute toward any recognition or rewards offered by other markets’ sales performance plans, including, but not limited to, sales volume, title determination (including Leadership Teams), and bonus determination and calculations.
Generating compensation as a Direct Seller requires considerable time, effort, and dedication. Success will also depend upon your skills, talents, and leadership abilities. There is no guarantee of financial success, and results will vary widely among participants. Because Nu Skin India is a new market, no compensation history exists. We intend to publish a compensation summary following our first full calendar year of formal market operations.
1.2 PARTICIPATING IN THE PLAN
Anyone interested in the Nu Skin opportunity must begin their journey as a Direct Seller. To become a Direct Seller, simply complete the enrollment process, which involves submitting appropriate identification (including address, PAN card, and banking verification), confirming your acquisition of relevant certifications and licenses, and completing a mandatory compliance orientation.
There are four ways you as a Direct Seller can participate under the Plan:
(1) purchase Products for resale; (2) register Customers who purchase Products directly from Nu Skin; (3) register other Direct Sellers who purchase and can sell Products; and (4) elect to qualify as a Brand Affiliate or Brand Representative.
You can access increasing benefits as you advance in status and then Title:
Brand Affiliates are Direct Sellers who achieve at least ₹10,000 in Product sales to their Customers and Direct Sellers within a single calendar month. You will unlock Brand Affiliate pricing beginning with the day following the achievement of this ₹10,000+ requirement and be considered a Brand Affiliate for the purposes of both Marketing and Developing Bonuses.
Brand Representative are Direct Sellers or Brand Affiliates who complete Brand Representative Qualification and maintain this status each month.
Gold Titles and above are earned by Brand Representatives who achieve increased Group Sales and Leadership Team Sales each month.
Note: Direct Sellers who have not completed a purchase, sold Products, or signed up any other Direct Sellers within the last 12 months will have their Direct Seller Account disabled and must register a new account to participate again.
1.3 CUSTOMERS
Customers do not participate in this Plan, cannot resell Products, and cannot register other Customers or Direct Sellers. There are three types of Customers:
Unregistered Customers purchase Products from a Direct Seller outside of Nu Skin Systems.
Retail Customers purchase locally manufactured Products from Direct Sellers directly through Nu Skin Systems at the retail price, subject to any discounts that may be offered or facilitated by Nu Skin.
Members sign up to purchase locally manufactured Products from Direct Sellers through Nu Skin Systems at the Member price, subject to any discounts that may be offered or facilitated by Nu Skin.
Note: Retail Customers and Members who have not completed a purchase within the last 12 months will have their Customer account disabled and must register a new account to purchase again. Direct Sellers who applied for an FSSAI license during the enrollment process will not be able to receive commissions until the FSSAI license is properly submitted to Nu Skin. If the FSSAI license is not submitted within 90 days of enrollment, the Direct Seller account will be automatically converted to a Member account.
1.4 BONUSES
You can receive the following Bonuses based on your participation level:
TABLE 1.A
DIRECT SELLERS | BRAND AFFILIATES | BRAND REPRESENTATIVES | |
Marketing Bonus |
|
|
|
Developing Bonus |
|
| |
Leading Bonus |
|
2. PLAN BONUSES
2.1 MARKETING BONUS
A. Marketing Bonus Description
You’ll earn a Marketing Bonus when your Customers or Direct Sellers purchase eligible Products through Nu Skin Systems. This Bonus is calculated by subtracting the price you are entitled to pay based on your account status from the purchase price paid by your Customer or Direct Seller.*
*The price you are entitled to pay and the price paid for Products by your Customers or Direct Sellers does not include GST, shipping, or any other applicable fees.
B. Daily Marketing Bonus Calculation
Each day, we will calculate any Marketing Bonuses you earn for your Product sales and add them to your Nu Skin Bonus Account. All pending payments will be automatically released to your financial institution at the completion of each monthly commission calculation (subject to market-specific minimum balance requirements).
C. Product Returns
When your Customers or Direct Sellers return Products, the Company will recover from you any Marketing Bonuses you received on those Products in accordance with the Policies and Procedures.
2.2 DEVELOPING BONUS
A. Developing Bonus Description
When you qualify as a Brand Affiliate, in addition to the Marketing Bonus you can also earn a Developing Bonus in any month you achieve at least ₹10,000 from Product sales made through Nu Skin Systems to your Customers and Direct Sellers, regardless of their Titles (this is known as your Developing Bonus Qualifier).
If you are a Brand Affiliate who has not achieved Brand Representative status, your Developing Bonus is 10% of the Developing Bonus Base. This base is the total of the Brand Affiliate Sales Price of the Products sold to the Customers and Direct Sellers of your Personally Registered Direct Sellers for a given month. If you are a Brand Representative or above, you have the opportunity to earn up to a 25% Developing Bonus.
The percentage you earn is determined by how much Developing Bonus Qualifier you achieve each month, as follows:
TABLE 2.A
WHAT YOU DO | WHAT YOU GET | |
Achieve at least ₹10,000 Developing Bonus Qualifier each month (you must also maintain as a Brand Representative to unlock higher bonus percentages) | 10–25% Developing Bonus paid on your monthly Developing Bonus Base | |
DEVELOPING BONUS QUALIFER | DEVELOPING BONUS PERCENTAGE | PAID TO |
₹10,000–24,999.99 | 10% | Brand Affiliates and Brand Representatives |
₹25,000–49,999.99 | 15% | Brand Representatives and Above |
₹50,000–99,999.99 | 20% | |
₹1,00,000+ | 25% | |
The Developing Bonus is calculated on the Brand Affiliate Sales Price rather than Net Sales Price. This is because the Marketing Bonus is already paid on any additional amount above the Brand Affiliate Sales Price.
B. Monthly Developing Bonus Calculation
Each month, we will calculate any Developing Bonus you earn and add it to your Nu Skin Bonus Account. If you maintain your status as a Brand Representative or above, you will be paid at the highest percentage you qualify for on all sales achieved during that month. The Developing Bonus is generally recorded in your Nu Skin Bonus Account within the first week of each month and a transfer is automatically initiated to your financial institution (subject to minimum account balance requirements).
C. Product Returns
When the Customers or Direct Sellers of your Personally Registered Direct Sellers return Products, the Company will recover from you any Developing Bonuses you received on those Products in accordance with the Policies and Procedures.
If your Customers or Direct Sellers return Products in the same month in which they were purchased, your Developing Bonus Qualifier will be reduced by the value of the Products returned. If a Product return from Products purchased in a prior month reduces your Developing Bonus Qualifier below a Bonus tier threshold that you achieved in that month, the Company will debit your Developing Bonus Qualifier by the amount needed to reach the Bonus tier that you were paid on. This debit will occur in the month after the Products are returned.
EXAMPLE: If you achieve ₹25,500 in Developing Bonus Qualifier in January and are paid a 15% Developing Bonus but ₹1,000 of your January Product sales are returned in February, you will have a negative ₹500 Developing Bonus Qualifier balance at the start of March. Therefore, you will not qualify to earn the 15% Developing Bonus in March unless you produce ₹25,500 in March to make up for the negative balance.
A. Description
In addition to earning Marketing and Developing Bonuses, you can earn a Leading Bonus based on the sales made by your Group and Team. This Bonus is paid, in part, for helping your Direct Sellers or Brand Affiliates qualify as Brand Representatives and for motivating, directing, and training the Brand Representatives you directly lead in your Team, referred to as your G1 Brand Representatives (i.e., the heads of your Leadership Teams). The Leading Bonus compensates you monthly for developing sales within your Group and Team, providing customer service to your Group and Team, and assisting other Direct Sellers or Brand Affiliates in the promotion of Products to their Customers.
If you qualify and maintain as a Brand Representative, you can earn 5% on your Leading Bonus Base from Product sales made by your Group. If you achieve higher Titles, you can earn 5% on the Product sales made by your Group and Groups within your Team. Table 2.B sets forth all Title requirements, as well as the Generations on which each Title can be paid a Leading Bonus:
TABLE 2.B
WHAT YOU DO | WHAT YOU GET | ||
Maintain your Brand Representative status, achieve relevant Group Sales each month, and develop Leadership Teams | 5% Leading Bonus paid on your monthly Leading Bonus Base | ||
GROUP SALES | LEADERSHIP TEAMS WITH LEADERSHIP TEAM SALES (LTS) | TITLE | PAYS ON |
₹75,000 | N/A | Brand Representative | 5% on your Group |
₹75,000 | 1 | Gold | 5% on your Group + G1 |
₹75,000 | 2 | Lapis | 5% on your Group + G1–G2 |
₹1,50,000 | 3 Including 1 with ≥ ₹1,50,000 LTS | Ruby | 5% on your Group + G1–G3* |
₹1,50,000 | 4 Including 1 with ≥ ₹3,00,000 LTS | Emerald | 5% on your Group + G1–G4* |
₹2,00,000 | 5 Including 1 with ≥ ₹3,00,000 LTS + | Diamond | 5% on your Group + G1–G5* |
₹2,00,000 | 6 Including 1 with ≥ ₹3,00,000 LTS + | Blue Diamond | 5% on your Group + G1–G6* |
*To be eligible to be paid on Generations 3–6 you must not be involved in Business Development Activities for another Direct Sales Company (not including Nu Skin affiliated entities). See Chapter 5, Section 2 of the Nu Skin Policies and Procedures.
B. Monthly Leading Bonus Calculation
Each month, we will calculate any Leading Bonus you earn and add it to your Nu Skin Bonus Account. The Leading Bonus is generally recorded in your Nu Skin Bonus Account within the first week of each month and a transfer is automatically initiated to your financial institution (subject to minimum account balance requirements).
C. Product Returns
If someone who was in your Group at the time of purchase returns Products, the Company will recover any Leading Bonus you received on those Products in accordance with the Policies and Procedures.
If someone in your Group returns Products in the same month in which they were purchased, your Group Sales will be reduced by the value of the Products returned. If a Product return from Products purchased in a prior month reduces your Group Sales below a Title threshold that you achieved in that month, the Company will debit the appropriate Group Sales the month after the Product is returned.
EXAMPLE: If you achieve Ruby Title with ₹1,50,000 Group Sales in January but ₹1,000 of your January Group Sales are returned in February, you will have a negative ₹1,000 Group Sales balance at the start of March. Therefore, you will not qualify as a Ruby in March unless you produce ₹1,51,000 Group Sales in March to make up the negative ₹1,000 balance.
D. Eligibility
Only Maintaining Brand Representatives are eligible to earn a Leading Bonus. If you lose your Brand Representative status, you will not be eligible for a Leading Bonus that month.
3. BRAND REPRESENTATIVE STATUS
3.1 QUALIFYING AS A BRAND REPRESENTATIVE
A. Brand Representative Qualification Requirements
You can qualify as a Brand Representative by submitting a Letter of Intent and achieving the following sales requirements in either one month or two months. To qualify in one month, you must achieve at least ₹1,25,000 Group Sales (including at least ₹50,000 from your Customers and Direct Sellers) during that same month in which you submit your Letter of Intent. To qualify in two months, you must achieve at least ₹50,000 Group Sales (including at least ₹10,000 from your Customers and Direct Sellers) in the month you submit your Letter of Intent and in the following month you must achieve at least ₹75,000 Group Sales (including at least ₹25,000 from your Customers and Direct Sellers).
You can find the Letter of Intent form by signing into your Nu Skin account.
You will become a Brand Representative on the 1st day of the month following successful completion of Brand Representative Qualification.
B. Completion of Brand Representative Qualification Requirements and Advancement
When you complete your Brand Representative Qualification requirements, you become a Brand Representative on the first day of the next month. As Direct Sellers or Brand Affiliates in your Group advance to Brand Representative, your Team and subsequent advancement may be impacted as follows.
i. If someone from your Group is also in Brand Representative Qualification, they will only become part of your Team if you: (1) complete your first Brand Representative Qualification month in the same month or earlier than the month they complete their Brand Representative Qualification requirements; and (2) finish Brand Representative Qualification.
ii. If a Direct Seller or Brand Affiliate in your Group completes Brand Representative Qualification prior to the timeframes noted above, they will be placed in the Team of the next Brand Representative above you and you will not earn any Leading Bonuses from their sales activity. You may, however, still earn Marketing and Developing Bonuses from their sales activity.
C. Failure to Complete Brand Representative Qualification Requirements
If you do not satisfy the Brand Representative Qualification requirements within two months, your Brand Representative Qualification will be terminated. If you want to attempt to qualify as a Brand Representative again, you will need to submit a new Letter of Intent and start from the beginning.
3.2 BRAND REPRESENTATIVE STATUS
A. Maintaining or Losing Brand Representative Status
Maintenance requirements begin your first month following the completion of your Brand Representative Qualification requirements. Your status as a Brand Representative is Maintained based on your sales performance each month.
i. If you achieve at least ₹75,000 (including ₹25,000 from your Customers and Direct Sellers) in a month, you will Maintain your status as a Brand Representative for that month.
ii. If you do not meet Maintenance requirements, then you will lose your Brand Representative status and become a Brand Affiliate effective the first day of the next month. If you lose your Brand Representative status, you will not be eligible to earn higher tiers of the Developing Bonus or any Leading Bonus. You will also lose your Team and any Brand Representatives below you, which will move up a Generation and become part of the Team of the Brand Representatives above you. You may regain your Team through Restart.
You may not Maintain your status or Title by creating false accounts, buying additional Products, or using any other form of manipulation that violates the spirit and intent of this Plan or Nu Skin’s Policies & Procedures.
3.3 RESTART
Restart is a process that gives former Gold Brand Representatives or above the opportunity to reclaim their Team (as if they had not lost their Brand Representative status). The following provides information regarding the use, benefits, and terms of Restart.
A. How To Use Restart
If you lose your Brand Representative status and want to begin the Restart process, you must:
i. Submit a new Letter of Intent which indicates your intention to qualify as a Brand Representative again; and
ii. Complete Brand Representative Qualification again. This new Brand Representative Qualification must be completed within three consecutive months from the effective date of losing your status as a Brand Representative.
If you do not finish Restart within this three-month period, you will permanently lose the chance to reclaim your Team.
EXAMPLE: If you lose your Brand Representative status effective March 1, you will have until the end of May to complete Brand Representative Qualification to become a Brand Representative effective June 1 in order to reclaim your Team.
B. Losing Status a Second Time
If you lose your status as a Brand Representative for a second time, you will not be eligible to Restart and will permanently lose your Team and any Brand Representatives below you. However, even if Restart is no longer available, you can begin Brand Representative Qualification again at any time and build a new Team. If you become a new Brand Representative, you will once again be eligible to use Restart to reclaim your new Team.
4. ADDITIONAL TERMS
4.1 BONUSES
A. Eligibility for Bonuses
To be eligible for any Bonuses, you must have Product sales to at least five different Customers or Unregistered Customers each month. You must notify the Company immediately if you do not meet this requirement. The Company will randomly survey Direct Sellers to confirm compliance with this requirement.
B. Bonus Calculations
Bonuses are calculated on a daily and monthly schedule (as determined by Nu Skin) and recorded in your Nu Skin Bonus Account.
C. Recovery of Bonuses Paid to You
The Company has the right to recover Bonuses paid to you as published in the Policies and Procedures, including the recovery of Bonuses that were paid on Products that were subsequently returned. The timing and method of recovery will depend on the Bonus and when the Products are returned. A summary of our return policy can be found on our website.
D. Product Promotions and Pricing
We may adjust the published Brand Affiliate Sales Price, retail price, Member price, Direct Seller price, and Leading Bonus Base. Please see all Product pricing and promotion announcements for information regarding any discounts and their impact on pricing, Bonuses, and other sales compensation-related information for each Product.
E. Other Sales Compensation
When you sell Nu Skin Products outside of Nu Skin Systems you can capture a retail profit:
i. Retail profit equals (1) the price you sell a Product for minus (2) your costs (your purchase price, taxes, shipping, business expenses, etc.). You keep all retail profit earned outside of Nu Skin Systems.
ii. You can also earn incentive trips or other non-cash rewards and compensation from certain short-term sales incentives not covered by this Plan.
4.2 TERMINATION OF DIRECT SELLER ACCOUNTS
A. Loss of Direct Seller Benefits
Upon termination of your Direct Seller Account, you lose all benefits as a Direct Seller, including any access to your Direct Seller Account, Group, Team, sales generated by either your Group or Team, and Bonuses.
B. Movement of Direct Seller Account
Upon termination of a Direct Seller Account, the Company has the right, for as long as reasonably necessary, to delay any movement of any applicable Direct Seller Account and any part of its Group or Team.
4.3 OTHER MATERIALS AND TRANSLATIONS
If there are any discrepancies between the terms and conditions set forth in this Plan and any marketing materials or other related content, this Plan will control. Unless otherwise prohibited by law, if there are any discrepancies between the English version of this Plan and any translation of it, the English version will control.
4.4 EXCEPTIONS
A. Granting of Plan Exceptions
The Company may, at its sole discretion, waive or modify any requirements, terms, or conditions of this Plan (collectively “Plan Exceptions”). The Company may grant Plan Exceptions to (1) an individual Direct Seller Account, or (2) any number of accounts, including by Team. The granting of a Plan Exception to a Direct Seller Account or Team does not obligate the Company to grant a Plan Exception to any other Direct Seller Account or Team. Any material Plan Exception requires the express written consent of an authorized officer of the Company, and the Company has no obligation to provide other Direct Sellers, including any Direct Sellers above a Direct Seller, notice of the Plan Exception, written or otherwise.
B. Termination of Plan Exceptions
The Company may terminate any Plan Exception that has been previously granted at any time and for any reason, regardless of the length of time the exception has been operative. If a Plan Exception has been granted to a specific Direct Seller, then the Plan Exception is personal to the specific Direct Seller and the Company. Plan Exceptions will terminate upon the transfer of the Direct Seller Account, regardless of the form of transfer (e.g., sale, assignment, transfer, bequest, by operation of law, or otherwise), and any such exception will be void.
4.5 RIGHT TO MODIFY
We can modify this Plan at any time at our sole discretion. If we change this Plan, we will provide you with 30-day notice prior to the change becoming effective.
4.6 COMPLIANCE
To qualify for Bonuses, you must comply with the requirements of this Plan, your Direct Seller Agreement, and Nu Skin’s Policies and Procedures.
GLOSSARY
Bonus: Sales compensation paid through this Plan, including the Marketing Bonus, Developing Bonus, and Leading Bonus. Bonuses do not include any retail profit you can earn on Products that you purchase and resell directly to Unregistered Customers, or any other cash or non-cash incentives.
Brand Affiliate: A Direct Seller who achieves at least ₹10,000 in Product sales to their Customers and Direct Sellers within a single calendar month. Brand Affiliates can purchase Products at the Brand Affiliate Price, sell Products, and sign-up Customers and Direct Sellers. Brand Affiliates who have not achieved Brand Representative status can only earn retail profit, the Marketing Bonus, and the first tier of the Developing Bonus. The term Brand Affiliate may also be used as a general reference to refer to all Brand Affiliates and Brand Representatives. For example, a Gold or Emerald can be referred to as a Brand Affiliate as a general reference when talking about all Brand Affiliates.
Brand Affiliate Sales Price: The price Brand Affiliates are entitled to pay for Products, which may include various discounts that may be offered from time to time. This price does not include taxes, shipping, or any other applicable fees.
Brand Representative: A Direct Seller or Brand Affiliate who has successfully completed Brand Representative Qualification and who has not lost their Brand Representative status. Brand Representatives can purchase Products at the Brand Affiliate Price, sell Products, and sign-up Customers and Direct Sellers. Brand Representatives can earn retail profit, the Marketing Bonus, all tiers of the Developing Bonus, and the Leading Bonus. The term Brand Representative can also be used as a general reference for all Titles of Brand Representative and above. For example, a Ruby or Diamond can be referred to as a Brand Representative as a general reference when talking about all Brand Representatives.
Brand Representative Qualification: The process to become a Brand Representative as described in Section 3.1.
Business Development Activities: Any activity that benefits, promotes, assists, or supports in any way the business, development, sales, or sponsorship of another business, including but not limited to selling products or services; promoting the business opportunity; appearing on behalf of the business or one of its representatives; allowing your name to be used to market the business, its products, services, or opportunity; sponsoring or recruiting on behalf of the business; acting as a member of the board of directors, as an officer, or a representative or distributor of the business; or having an ownership interest or any other beneficial interest, whether the interest is direct or indirect.
Company or “we”: Nu Skin India Private Limited.
Customer: Anyone who purchases Products but does not participate in this Plan and cannot resell Products or register other Customers or Direct Sellers. Direct Sellers are not Customers.
Developing Bonus Base: The total of the Brand Affiliate Sales Price of the Products purchased by the Customers and Direct Sellers of your Personally Registered Direct Sellers for a given month.
Developing Bonus Qualifier: The Developing Bonus Qualifier is the amount used to determine the percentage you will be paid on your Developing Bonus. This amount is the sum of the Net Sales Price of the Products sold through Nu Skin Systems to your Customers and Direct Sellers (regardless of their Titles).
Direct Sales Company: A company that is a member of a Direct Selling Association or otherwise uses a sales force of independent contractors who sell products and services and that compensates the independent contractors through a single-level or multi-level compensation plan for (1) their own sales, and/or (2) the sales of other independent contractors who have signed up under the independent contractors to distribute the same products and services.
Direct Seller: A Person who signs up with Nu Skin but has not yet achieved the qualifications to become a Brand Affiliate or Brand Representative. Direct Sellers can purchase Products at the Member price, sell Products, and sign-up Customers and Direct Sellers. Direct Sellers who have not achieved Brand Affiliate status can only earn retail profit and the Marketing Bonus. The term Direct Seller can also be used as a general reference to all Direct Sellers, Brand Affiliates, and Brand Representatives.
Direct Seller Account: The account created when you register as a Direct Seller with Nu Skin. When you create a Direct Seller Account, you are assigned a Direct Seller ID and issued a Direct Seller Identification Card.
Direct Seller Agreement: An agreement between you and Nu Skin that sets forth certain terms relating to your relationship with Nu Skin.
Generations: The Brand Representative levels in your Team. Every Brand Representative you directly lead and who is the first Brand Representative below you in your Team is your G1 Brand Representative. Those Brand Representatives who are on the next level below them are your G2 Brand Representatives, and so forth. Direct Sellers or Brand Affiliates who have not achieved Brand Representative status do not constitute a Generation but are part of their Brand Representative’s Group. For example, the Direct Sellers or Brand Affiliates (who have not achieved Brand Representative status) of your G1 Brand Representative are not part of your G2; instead, they are part of your G1 Brand Representative’s Group.
Group: Your Group consists of (1) you, (2) any of your Retail Customers, Members, Direct Sellers, and Brand Affiliates, and (3) any of your Direct Sellers’ Retail Customers, Members, Direct Sellers, and Brand Affiliates, and so on. Your Group will include the Groups of your Direct Sellers or Brand Affiliates who are in Brand Representative Qualification. A Direct Seller or Brand Affiliate who completes Brand Representative Qualification will leave your Group and they and their Group will become part of your Team.
Group Sales: The sum of the Net Sales Price of Product sales made by your Group.
Leadership Team: Your Leadership Teams consist of your G1–G6 Brand Representatives starting at each of your G1 Brand Representatives. Each one of your Leadership Teams is distinct and led by your individual G1 Brand Representatives, respectively.
Leadership Team Sales (LTS): The sum of Net Sales Price for all Product sales from a given Leadership Team in India.
Leading Bonus Base: A currency value that is set for each Product, used to calculate the Leading Bonus. Leading Bonus Base is adjusted from time to time due to a variety of factors, including changes in pricing, promotions, and so on. Leading Bonus Base does not equal the Net Sales Price of applicable Products. Some Products may have zero Leading Bonus Base.
Letter of Intent: A document that you submit through Nu Skin Systems to notify the Company of your intention to qualify as a Brand Representative.
Maintenance (also Maintain or Maintaining): The requirement to achieve at least ₹75,000 Group Sales (including ₹25,000 from your Customers and Direct Sellers) in a month to keep your Brand Representative status and be eligible to earn higher Developing Bonus Tiers and any Leading Bonus.
Member: A Customer who signs up through Nu Skin Systems based on a Direct Seller invitation to purchase Nu Skin Products at Member price. Members cannot register Customers or Direct Sellers, cannot resell Nu Skin Products, and do not participate in this Plan.
Net Sales Price: The price paid for Products, not including tax, shipping, and any applicable fees.
Nu Skin: Nu Skin India Private Limited.
Nu Skin Bonus Account: A digital account found in Nu Skin’s digital tools that reflects all your Bonuses, commission payments, and commission adjustments. A Nu Skin Bonus Account is automatically created for you when you become a Direct Seller. Nu Skin Bonus Accounts do not accrue interest. Nu Skin automatically transfers your remaining Nu Skin Bonus Account balance free of charge at the conclusion of each monthly pay period. Automated transfers from Nu Skin have minimum balance requirements.
Nu Skin Systems: Any process, application, or other digital property within Nu Skin’s digital ecosystem designated by Nu Skin for the purchase or sale of Nu Skin Products, including our website, mobile applications, or any other Nu Skin approved platform.
Person: An individual or business entity. A “business entity” may include a private limited company, limited liability partnership, trust, or other form of business organization legally formed under the laws of India.
Personally Register: The act of registering a Person with Nu Skin. For example, when you sign up a Direct Seller, Member, or Retail Customer with Nu Skin, they become your Personally Registered Direct Seller, Personally Registered Member, or Personally Registered Retail Customer, respectively.
Policies and Procedures: A document that is part of the agreement between you and Nu Skin and sets forth certain policies and procedures related to your business.
Products: All goods and services offered by Nu Skin.
Restart: The process that gives former Gold Brand Representatives and above the opportunity to reclaim their Team (as if they had not lost their Brand Representative status).
Retail Customers: Any Customer who purchases Products through Nu Skin Systems who is not a Member or Direct Seller. The Bonuses on a Retail Customer’s Product purchases are paid based on the Direct Seller who is identified as the seller at the time of the specific Product order. For purposes of this Plan, an Unregistered Customer is not included in the definition of Retail Customers. Retail Customers do not participate in this Plan and cannot resell Products or register other Customers or Direct Sellers.
Sales Performance Plan: This Sales Performance Plan (also “this Plan”) (including amendments that may be incorporated in the future) which sets forth the terms and conditions for the sales compensation you can earn as a Direct Seller with Nu Skin.
Team: Your Team consists of all Generations of Brand Representatives and their Groups as determined by your Title (see Table 2.B). Your Team does not include you or your Group.
Title: Titles are achieved as a Brand Representative based on your Group Sales, Leadership Teams, and Leadership Team Sales. Your Title determines the number of Generations on which you can earn a Leading Bonus. See Table 2.B.
Unregistered Customers: Individuals who purchase Products from a Direct Seller outside of Nu Skin Systems (regardless of whether the Unregistered Customer has previously purchased Products directly from Nu Skin). Unregistered Customers do not participate in this Plan and cannot resell Products or register Customers.
IN Member Agreement
Version 1.0
Effective October 21st 2025
DownloadTable of Contents
MEMBER AGREEMENT
India
This Member Agreement (“Agreement”) is between Nu Skin India Private Limited (“Nu Skin”) and you, the Member (“I” or “me” or “you” or “your”). I understand that the Member program is an optional program that allows me, as a non- distributor, to purchase Nu Skin products directly from Nu Skin at a discounted price for personal use (“Member Program”).
In consideration of participating in the Member Program, and other promises and agreements set forth herein, the parties agree as follows:
A. LEGAL AGE
I am legally able to enter into this Agreement and agree to be bound by its terms and conditions.
B. PURCHASE IS FOR PERSONAL USE ONLY; NO SPONSORING; NO BONUSES
I acknowledge and agree that I am a customer, and I am granted the right to purchase Nu Skin products directly from Nu Skin at a discounted price pursuant to the terms of the Member Program. My product purchases are for personal use only. I cannot (i) resell Nu Skin products in any manner, including the sale of Nu Skin products through any online marketplaces or social media platforms and apps, (ii) sign-up others as Nu Skin independent Direct Sellers, Members or retail customers, and (iii) earn Bonuses.
C. SIX-MONTH REQUIREMENT
I understand that a Nu Skin Direct Seller’s earnings are based on product sales. If an independent Nu Skin Direct Seller signs me up as a Member, then that Direct Seller is referred to as my “referring Direct Seller.” In consideration of my referring Direct Seller giving up a portion of its retail profit to allow me to purchase Nu Skin products at a discounted price, I agree that I may change to a different referring Direct Seller only if I have not placed an order within the previous six months. If I have placed an order within the previous six months, then I must terminate this Agreement and wait six months from the date of the last order before I can sign up as either (i) a Member, or (ii) a Nu Skin Direct Seller under a different referring Direct Seller. During this six-month wait period, I understand I can purchase Nu Skin products at the full retail price.
D. AUTHORIZATION TO CHARGE CREDIT CARD
I am the owner or authorized user of the credit card account that I have submitted to Nu Skin for payment of my purchases. I authorize Nu Skin to charge my credit card for the products that I order. All products orders must be paid in full before the products are shipped.
E. REFUNDS
The Company will refund to me:
One hundred percent (100%) of the purchase price of those products I purchased directly from Nu Skin under the Member Program if (i) the returned product is unopened and resalable, (ii) it is returned within thirty (30) days from the order date, and (iii) the name on the credit card matches the name of the Member account. If the product meets the above conditions but is returned within 31-60 days from the order date, the refund will be eighty percent (80%) of the purchase price; if the product meets the above conditions but is returned within 61-90 days from the order date, the refund will be seventy-five percent (75%) of the purchase price. In each case, I am responsible for the cost of returning the products. Any other refunds or guarantees offered on a specific product pursuant to the published terms and conditions of the product sale. This refund section does not apply to any seasonal, discontinued, or similar special promotional products purchased by you.
F. TERM; TERMINATION; AND MODIFICATION
I understand that this Agreement will remain in effect unless cancelled in writing by Nu Skin or me. Nu Skin may, in its sole discretion, modify the terms and conditions of the Member Program and this Agreement, including termination of the Member Program. I understand that this Agreement will be automatically terminated if I have not made any purchases for a period of 12 months.
G. PERSONAL INFORMATION
1. COLLECTION OF PERSONAL INFORMATION
Nu Skin, its parent, affiliates and subsidiaries (collectively “Nu Skin Group”) are aware of and responsive to your concerns regarding how information about you is collected, used and shared as a result of your participation in the Member Program. Nu Skin Group respects your privacy and is committed to protecting the privacy of consumers of Nu Skin’s products and services. Nu Skin Group collects from you and holds certain personal information about you in order to provide you with the benefits of being a Member and communicating with you regarding (i) promotional offers and products, and (ii) other relevant issues. All information submitted by you will be held by Nu Skin at its headquarters in India and by Nu Skin Group at its corporate headquarters in the United States. You have right to access, correct or erase any of your personal details that are not accurate, complete, or necessary. Nu Skin and Nu Skin Group will keep your information only for as long as it's needed for the reasons it is collected or as required by law, after which it will be securely deleted. Additionally, you can take back your permission for us to process your data at any time, and we will stop using it, unless we are legally required to continue. You can do this by contacting Nu Skin at our call centre at +91 120 712 7177.
2. DISCLOSURE OF PERSONAL INFORMATION
(a) Nu Skin Group may employ outside service providers to perform services for it and may share your personal information with such service providers to the extent necessary for them to perform such services. For example, when you make a purchase with your credit card, Nu Skin Group’s credit card processing providers will be given access to your credit card number and other personal information for the sole purpose of processing your purchase. Nu Skin Group limits the disclosure of any such information solely to the specific purposes for which it was disclosed, and further requires that they maintain the confidentiality, security and integrity of such information and not make any further disclosure to others. Additionally, Nu Skin Group may provide certain information to your referring Direct Seller when it determines it is appropriate.
(b) Except as set forth above and in Nu Skin’s Privacy Policy, Nu Skin Group will not disclose, sell, transfer, or assign your personal information to any third party without your permission unless required by law. If you do not wish to provide the mandatory information requested, you will not be able to participate in the Member Program. You may view the Privacy Policy here.
H. MANDATORY AND BINDING ARBITRATION AGREEMENT
If an issue arises regarding my participation in the Member Program, the parties agree to make a good faith effort to resolve it. In the event we are unable to do so, Nu Skin and I agree to resolve the Dispute (defined below) through arbitration. This Mandatory and Binding Arbitration Agreement is between Nu Skin and me.
(a) THIS AGREEMENT IS SUBJECT TO ARBITRATION. DELHI WILL BE THE EXCLUSIVE VENUE FOR ARBITRATION OR ANY OTHER RESOLUTION OF ANY DISPUTES ARISING UNDER OR RELATED TO THIS AGREEMENT. The place of origin of this Agreement is the State of Delhi, and it will be governed by, construed in accordance with, and interpreted pursuant to the laws of Delhi, without giving effect to its rules regarding choice of laws. The exclusive venue for any and all disputes will be in Delhi, India. I consent to the personal jurisdiction of any courts within the State of Delhi and waive any objection to improper venue.
(b) I agree that any Dispute will be resolved and settled in accordance with and pursuant to the terms and conditions of this Agreement, and by the rules and procedures set forth in Chapter 7 (Arbitration) of the Policies and Procedures, which may be viewed at legal.nuskin.com/india.
(c) The arbitration proceedings will be conducted in Delhi, India. The arbitration will be conducted in the English language, but at the request and expense of a party, documents and testimony will be translated into another language. One arbitrator will be appointed to hear and decide disputes, which arbitrator will be selected by mutual consent of both parties. The parties will each bear their own costs and expenses and an equal share of the (i) cost of the arbitrator and (ii) administrative fees of arbitration. Neither the parties nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties. Judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction.
(d) “Dispute” is defined as any and all past, present or future claims, disputes, causes of action or complaints, whether based in contract, tort, statute, law, product liability, equity, or any other cause of action, (i) arising under or related to this Agreement, (ii) between other Direct Sellers and me arising out of or related to a Member account, (iii) between Nu Skin and me, (iv) related to Nu Skin or its past or present affiliated entities, their owners, directors, officers, employees, investors, or vendors, (v) related to the Nu Skin products, or (vi) regarding Nu Skin’s resolution of any other matter that impacts my account, or that arises out of or is related to Nu Skin’s business, including my disagreement with Nu Skin’s interpretation of the Agreement.
(e) I AGREE TO ACCEPT AND BE BOUND BY THIS ARBITRATION AGREEMENT IF I SIGN UP AS A MEMBER, PARTICIPATE IN THE MEMBER PROGRAM, OR THE PURCHASE OF ANY PRODUCTS FROM NU SKIN. THIS AGREEMENT TO MANDATORY AND BINDING ARBITRATION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THE CONTRACT OR ANY OTHER AGREEMENT BETWEEN NU SKIN AND ME.
I. WAIVER OF DAMAGES/CLASS AND REPRESENTATIVE ACTIONS
1. WAIVER OF CONSEQUENTIAL AND INDIRECT DAMAGES-BREACH OF CONTRACT
Nu Skin, on the one hand, and you, on the other hand, agree to waive any claim against the other, and against any of the past or present affiliated companies, owners, officers, directors, employees, or agents of the other, for recovery of any consequential or indirect damages caused by or relating to any breach of the Agreement or any other agreement between Nu Skin and you, including, without limitation, loss of personal or business reputation, loss of business opportunity, or loss of future revenue or income. Subject to the Limitation of Liability of Section 10 of this Agreement, it is the intention of Nu Skin, on the one hand, and you, on the other hand, that only direct damages may be recovered against a breaching party for a breach of the Agreement or any other agreement between Nu Skin and you. The past and present affiliated companies, owners, officers, directors, employees, and agents of Nu Skin and you are third-party beneficiaries of this waiver of consequential and indirect damages.
2. WAIVER OF CONSEQUENTIAL AND INDIRECT DAMAGES-BREACH OF NON-CONTRACTUAL DUTIES
With the exception of consequential or indirect damages found in a final award, judgment, or order in an adjudication on the merits to have been caused by gross negligence or intentional misconduct, Nu Skin, on the one hand, and you, on the other hand, agree to waive any claim against the other, and against any of the past or present affiliated companies, owners, officers, directors, employees, or agents of the other, for recovery of any consequential or indirect damages caused by or relating to any breach of any non-contractual duty arising out of or from your past or present status as a Member of Nu Skin. It is the intention of Nu Skin, on the one hand, and you, on the other hand, that, subject to the Limitation of Liability of Section 10 of this Agreement, (i) in addition to direct damages, consequential and indirect damages may be recovered against a breaching party for a breach of a non-contractual duty arising out of or from your past or present status as a Member of Nu Skin if the consequential and indirect damages are found to have been caused by gross negligence or intentional misconduct, and (ii) absent a finding that consequential or indirect damages were caused by gross negligence or intentional misconduct, recovery of consequential and indirect damages is waived and only direct damages may be recovered against a breaching party for the breach of a non-contractual duty arising out of or from your past or present status) as a Member of Nu Skin. The past and present affiliated companies, owners, officers, directors, employees, and agents of Nu Skin, and you are third-party beneficiaries of this waiver of consequential and indirect damages.
3. WAIVER OF PUNITIVE DAMAGES
Nu Skin, on the one hand, and you, on the other hand, agree to waive any claim (whether based in contract, tort, products liability, statute, equity, or any other basis or theory of liability, and whether made in connection with a claim for economic loss, property damage, bodily injury, or death) against the other, or against any of the past or present affiliated companies, owners, officers, directors, employees, or agents of the other, for recovery of any punitive damages. The punitive damages waived shall not include a measure of damages (for example, treble damages) imposed by an applicable state or federal statute for a violation of the statute, even if the specified measure of damages exceeds actual damages, and such damages shall be considered direct damages subject to the Limitation of Liability of Section 10 of this Agreement. The past and present affiliated companies, owners, officers, directors, employees, and agents of Nu Skin, and you are third-party beneficiaries of this waiver of punitive damage.
4. WAIVER OF CLASS AND REPRESENTATIVE ACTIONS
You waive any right to assert as a class or representative action any claims, disputes, controversies, causes of action, or complaints between you or any person claiming through, or under you, and Nu Skin and/or any of the affiliates of Nu Skin, whether or not a Dispute, that is adjudicated in any federal or state court and that arises out of or is in any manner connected with or related to the Agreement or your past or present status as a Member, including but not limited to, any claims or causes of action arising in contract, tort, products liability, statue, equity, or any other basis or theory of liability. You agree that you will not assert in federal or state courts a class or representative action to resolve such claims, disputes, controversies, causes of action or complaints, agree that you will submit to the federal or state courts only individual claims, and you agree that you will not seek to represent the interests of, or to assert claims as the representative of, any other Person.
J. LIMITATION OF LIABILITY OF THE NU SKIN BENEFICIARIES
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE AGGREGATE LIABILITY OF THE “NU SKIN BENEFICIARIES” TO YOU AND TO ANY PERSON OR ENTITY CLAIMING BY, THROUGH, OR UNDER YOU, FOR ANY CLAIMS OR CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATED TO THE “AGREEMENT,” ANY “OTHER MEMBER AGREEMENT,” OR YOUR PAST OR PRESENT STATUS AS A “MEMBER” OF “NU SKIN” (THE “LIMITATION OF LIABILITY CLAIMS”), WILL BE LIMITED TO (THE “LIABILITY LIMIT”) THE COST OF “NU SKIN PRODUCTS” THAT YOU HAVE PURCHASED FROM “NU SKIN.” THIS “LIABILITY LIMIT” SHALL APPLY REGARDLESS OF THE NATURE OF SUCH “LIMITATION OF LIABILITY CLAIMS,” INCLUDING BUT NOT LIMITED TO ANY CLAIMS OR CAUSES OF ACTION ARISING IN CONTRACT, TORT, PRODUCTS LIABILITY, STATUTE, EQUITY, OR ANY OTHER BASIS OR THEORY OF LIABILITY. YOU FURTHER AGREE THAT RECOVERY OF THE “LIABILITY LIMIT” WILL BE THE EXCLUSIVE REMEDY COLLECTIVELY OF YOU AND ANY PERSON OR ENTITY CLAIMING BY, THROUGH, OR UNDER YOU AGAINST THE “NU SKIN BENEFICIARIES,” OR ANY ONE OR MORE OF THEM, FOR ANY AND ALL “LIMITATION OF LIABILITY CLAIMS” IF LIABILITY IS ESTABLISHED AND THE AWARDED RECOVERABLE DAMAGES EXCEED THE “LIABILITY LIMIT.” EACH OF THE “NU SKIN BENEFICIARIES” NOT A “PARTY” TO THIS “CONTRACT” IS A THIRD-PARTY BENEFICIARY OF THIS AGREEMENT TO LIMITATION OF LIABILITY. FOR PURPOSES OF THIS SECTION 10 AND THE “CONTRACT,”.NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE CONTRACT, THIS AGREEMENT TO LIMITATION OF LIABILITY SHALL NOT LIMIT THE LIABILITY OF THE “NU SKIN BENEFICIARIES” FOR ANY LIABILITY FOUND IN A FINAL AWARD, JUDGMENT, OR ORDER IN AN ADJUDICATION ON THE MERITS TO HAVE BEEN CAUSED BY THEIR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
K. SURVIVAL
The following provisions shall survive the termination or expiration of this Agreement: Section 3 (Six-Month Requirement); Section 8 (Mandatory and Binding Arbitration Agreement); Section 9 (Waiver of Damages/Class and Representative Actions; and Section 10 (Limitation of Liability of the Nu Skin Beneficiaries). All other provisions shall terminate upon the termination or expiration of this Agreement.