2EMPOWERME New Brand Representative Incentive

1 March 2023 – 1 May 2023

Nu Skin Pacific (“Nu Skin”, “we” or “our”) will be running the EmpowerMe New Brand Representative Incentive (the “Incentive”) from 9:00am 1 March 2023 to 12:00am 1 May 2023 (the “Qualification Period”). 

For the purpose of these terms and conditions, “Company” refers to Nu Skin and its affiliates. These terms and conditions are to be read together with your Nu Skin Brand Affiliate Agreement and International Sponsor Agreement and Resident Market Product Purchase Agreement (“Brand Affiliate Agreement”), Nu Skin Policies & Procedures (“Policies and Procedures”) and the Nu Skin Sales Performance Plan (also known as “Velocity”). 

The following sets out the terms and conditions of this Incentive. Any undefined capitalised terms in these terms and conditions may be found in the Brand Affiliate Agreement, Policies and Procedures and Velocity (collectively, the “Agreements”). You acknowledge and agree that your participation in this Incentive constitutes your full and unconditional agreement to and acceptance of these terms and conditions. You may withdraw from this Incentive by notifying us in writing at any time.

Eligibility

1. This Incentive is open to all Brand Affiliates registered with Nu Skin who are promoted to Brand Representative title within the Qualification Period (“Eligible Brand Representative”, “you” or “your”).

Incentive mechanics

x. You will be rewarded with 1x ageLOC® LumiSpa® iO Device and Cleanser (the “Reward”) when you (i) are promoted to new Brand Representative title within the Qualification Period; and (ii) achieve a minimum of four (4) Building Blocks in the next month immediately following the month of your promotion.

2. Brand Representatives qualifying for this Incentive can be counted for the purpose of qualification for any other programs or incentives run by Nu Skin, in accordance with the terms and conditions of such other program or incentive.

3. You will be notified by Nu Skin via mobile phone text or by e-mail if you are eligible to receive the Reward. You will be responsible to remain contactable to be notified on your eligibility for the Reward.

4.You may not buy or encourage others to buy large volumes of products to qualify for the Reward unless you can establish that you are reselling products in excess of the amount of product that is reasonable for personal consumption.

General Terms and Conditions

5. By participating in this Incentive, you consent to the Company’s collection, use and disclosure of your personal data with us, including your name, email address, and photographs, for the purposes of administering and promoting this Incentive. Such purposes include the advertising, marketing, and promotion of this Incentive to the public and the distribution of the Reward.

6.You must be in good standing in order to participate in this Incentive. If you violate any terms and conditions of the Agreements or these terms and conditions, you may be deemed ineligible or otherwise disqualified from taking part in this Incentive. Moreover, the Company may, at its absolute discretion, withhold all or any benefits of this Incentive, take any actions provided under the Brand Affiliate Agreement, and seek to recover any expenditures or other costs associated with the Incentive, or any other costs incurred by the Company as a result of your violation, including recouping such sales compensation paid and withholding future sales compensation. 

7. You agree that you are responsible to keep yourself updated on any changes, amendments or variations to the Incentive rules or the terms and conditions.

8.You also agree that you are responsible for complying with the applicable tax laws in respect of this Incentive. The Company advises you to seek advice from your tax advisor if you have any doubt.

9.Eligibility for the Reward under this Incentive is based on meeting the requirements of this Incentive and all requirements of the Agreements, including retail sales.

10. In respect of the Reward, you agree that:

(a)The Reward is non-transferable and non-redeemable for cash;

(b)The Reward does not carry Personal Sales Volume and Commissionable Sales Volume; and

(c)Nu Skin has the absolute discretion to replace, change or substitute the Reward with other items of equivalent value without prior notice. 

11.It shall be in Nu Skin’s absolute discretion and unfettered right to do all things it deems fit in respect of the Incentive, including but not limited to the determination and/or performance of the following:

(a)Determine the qualification of Eligible Brand Representatives to participate in this Incentive;

(b)Change, amend or vary the Incentive rules or the terms and conditions in any way which Nu Skin deems fit, without notice to you;

(c)Disqualifying you from taking part in the Incentive or forfeiting the Reward for any reasons whatsoever; and 

(d)Terminating and suspending this Incentive at Nu Skin’s absolute discretion, without any prior notice. Such termination or suspension shall not entitle you to any claim or compensation against Nu Skin for any and all losses or damage suffered or incurred as a direct or indirect result of the act of termination or suspension.

12.Nu Skin’s decisions on all matters relating to or in connection with this Incentive are final, conclusive, and binding on all Eligible Brand Representatives, and Nu Skin is not bound to give any reasons for its determination in relation to any matters relating to or in connection with this Incentive. No further enquiries, correspondence and/or appeal, in written or verbal, to dispute Nu Skin’s decision shall be entertained.

13. The Company reserves the right to audit and assess the validity of your Brand Affiliate Account and your related sales volume. Any Brand Affiliate Account that was established in violation of the requirements set forth in the Brand Affiliate Agreement and applicable Sales Performance Plan (such as using false information or unauthorised third party’s information to set up an account) will be considered invalid and may result in disciplinary action.

14. YOUR PARTICIPATION IN THIS INCENTIVE WILL BE SUBJECT TO AUDIT, CONDUCTED AT THE DISCRETION OF THE COMPANY. YOU ARE REMINDED THAT: 

(a)UNDER SECTION 3.3 OF CHAPTER 2 OF THE POLICIES AND PROCEDURES, YOU ARE PROHIBITED FROM ORDERING MORE THAN A REASONABLE AMOUNT OF PRODUCTS FOR RETAIL SALES AND PERSONAL USE. BY PLACING AN ORDER, YOU ARE CERTIFYING THAT YOU HAVE SOLD OR CONSUMED AT LEAST 80% OF TOTAL INVENTORY FROM PREVIOUS ORDERS.

(b)UNDER SECTION 6.7 OF CHAPTER 2 OF THE POLICIES AND PROCEDURES, YOU ARE NOT ELIGIBLE TO RECEIVE A BONUS IN ANY MONTH UNLESS YOU HAVE COMPLETED VERIFIED SALES TO 5 DIFFERENT CUSTOMERS AND YOU MUST RETAIN DOCUMENTATION OF THESE RETAIL SALES FOR AT LEAST 4 YEARS. ACCORDINGLY, IF DURING NU SKIN’S AUDIT, YOU ARE UNABLE TO FURNISH RETAIL RECEIPTS (I) FOR 80% OF PV MADE FOR THE QUALIFICATION OF THE INCENTIVE; AND/OR (II) FOR FIVE DIFFERENT CUSTOMERS, YOU MAY BE DISQUALIFIED FROM THIS INCENTIVE. PLEASE ALSO NOTE CLAUSE 19(a) ABOVE.

15. The ageLOC LumiSpa iO forming part of the Reward shall be covered by Nu Skin’s standard warranty in relation to similar equipment (“Standard Warranty”).

16.Save for the Standard Warranty and to the fullest extent of applicable law, Nu Skin shall not, in any way, be responsible for any injury, loss or damage suffered as a result of or in connection with the Incentive and/or redemption or use of the Reward however arising, including but not limited to, fulfilment or use of the Reward, or any breakdown or malfunction of any computer system or equipment.

17. The terms of this Incentive incorporate the relevant terms and conditions of the Agreements and shall be construed in accordance with and to give effect to the spirit and intent of the same. Accordingly, any dispute in respect of this Incentive shall be resolved in accordance with Chapter 7 of the Policies and Procedures.

18. Should any part of these terms and conditions be void or unenforceable for any reason, the void or unenforceable term and condition, or any part thereof, shall be severed and deleted. The rest of these rules or terms and conditions shall not be affected and shall continue in full force and effect as if the void or unenforceable term and condition, or any part thereof, had never been contained herein.

EMPOWERME CREATORS BONUS

40th ANNIVERSARY GROWTH INCENTIVE

The EmpowerMe Creators Bonus (this “Incentive”) is intended to promote long-term, sustainable growth through sales to consumers by rewarding Brand Representatives for the development of other advancing Brand Representatives and Leadership Teams in their sales organization.

• The EmpowerMe Creators Bonus will run from [09:00] pm [March 27th], through [11:59pm] on [December 31st] (the “Incentive Period”) as set forth below. 

• This Incentive is comprised of two complementary elements (see full details below);

   

1. Creators Bonuses are AUD$375/NZD$400 to AUD$1,500/NZD$1600 rewards for developing Teams as you advance to new Gold Partner through Diamond Director recognition Titles.
2. Blue Diamond Director and Team Elite Milestone Bonuses are AUD $1500 rewards for every 10 points you accumulate for helping your Team develop as they advance to new Gold Partner through Diamond Director recognition Titles

CREATORS BONUS

HOW YOU’LL EARN

1. The Creators Bonus applies to new Gold Partner through Diamond Director who are subject to Velocity Title determination, as detailed in the Velocity by Nu Skin Sales Performance Plan. All qualifying months for a Creators Bonus must be achieved through Velocity Title determination, which may require the development of Leadership Teams.

2. To qualify for each Creators Bonus, you must complete the following requirements:

a. To qualify for a new Gold Partner through Diamond Director Creators Bonus, you must be recognised as a new Gold Partner  through Diamond Director by completing one month at that Title or above and be paid a second consecutive month at that Title or above.

i. For the purposes of this Incentive, the March 2023 Sales Volume period (paid in April 2023) will be the earliest first month evaluated for the new Title achievement. The April 2023 Sales Volume period (paid in May 2023) will be the earliest second month evaluated for the second consecutive month of Title achievement.

ii.The last first month to begin qualifying for a new Creators Bonus at a given Title is November 2023. If you complete your first qualification month in November 2023, you will have until the end of December 2023 to complete your second consecutive month of Title achievement.

3.To qualify for any Creators Bonus, you must complete at least six Building Blocks in both qualifying months at the given Title.

4.You are not eligible to qualify for a Creators Bonus for any recognition Title you have ever achieved prior to March 2023. 

5.If you do not complete all bonus requirements in the consecutive month after you first achieve a new recognition Title, you are not eligible to earn the Creators Bonus for that Title. You may still attempt to complete all Creators Bonus requirements for any subsequent recognition Titles and earn said bonuses.

WHAT YOU’LL EARN

6.  When you complete the requirements for one of the Creators Bonus opportunities above, you will receive a one-time payment in the amount listed in the chart below: 

7.  You can only qualify for each Creators Bonus once for a given Title by completing the applicable requirements during the Incentive Period.

8. Creators Bonuses will be paid with your other monthly pay, in the month following the completion of applicable requirements.

2023 MILESTONE BONUS

HOW YOU’LL EARN

9. The Milestone Bonus applies to all Blue Diamond Directors and above under Velocity Title determination.

10. Each month during the Incentive Period that there are any new Creators Bonus achievers in your G1–G6, your Business Builder Position G6, and your Team Elite Business Builder Position G6, you will accumulate Milestone Points for each new Creators Bonus achiever for whom you are the first upline Blue Diamond Director or above. You can only accumulate Milestone Points in months that you are paid as a Ruby Partner or above.

11. To qualify for a Milestone Bonus, you must be paid as Blue Diamond Director or above in December 2023 and achieve the following Sales Volume requirements:

a. Complete a minimum 1,200,000 annual Organizational Sales Volume (OSV) from January through December 2023; and

b. Complete a minimum 5% annual OSV growth for 2023 as compared to 2022. 

12. Definitions:

a. Organizational Sales Volume (OSV) is the sum of the monthly Sales Volume from your Consumer Group, the Consumer Groups of your G1–G6 Brand Representatives, the Consumer Groups of your Business Builder Position G6 Brand Representatives, and the Consumer Groups of your Team Elite Business Builder Position G6 Brand Representatives.  

b. Annual OSV is the sum of the OSV for the 12 calendar months of 2023.

c. Annual OSV growth is a comparison of the summed OSV of the 12 calendar months of 2023 to the summed OSV of the 12 calendar months of 2022.

WHAT YOU’LL EARN

13. You will receive AUD$1500/NZD$1600 Milestone Bonus for every 10 Milestone Points you accumulate.

• You will receive a Milestone Bonus for each increment of 10 Milestone Points. You will not receive a partial Milestone Bonus for any other increments. 

14. All Milestone Bonuses will be paid in January 2024.

MILESTONE BONUS ACCELERATOR!

PROMOTION PERIOD: MARCH-JUNE 2023

HOW YOU’LL EARN

15. From March through June 2023, every month that you are the first upline Blue Diamond Director or above, you will receive 25% more Milestone Points (“Accelerator Points”) for every new Creators Bonus achiever in your G1–G6, your Business Builder Position G6, and your Team Elite Business Builder Position G6 (“Brand Representative”). You can only accumulate Milestone Points in months that you are paid as an Executive Brand Director (Blue Diamond Director) or above.

16. For you to earn the Accelerator Points, the March 2023 Sales Volume period (paid in April 2023) will be the earliest first month evaluated for your Brand Representative’s new Title achievement. The April 2023 Sales Volume period (paid in May 2023) will be the earliest second month evaluated for the second consecutive month of your Brand Representative’s Title achievement with accompanying Milestone Points awarded.

17. The last first month for you to begin qualifying for the Accelerator Points at a given Title is June 2023. The July 2023 Sales Volume period (paid in August 2023) will be the final period evaluated for the second consecutive month of your Brand Representative’s Title achievement for purposes of this Milestone Bonus Accelerator.

Incentive Terms and Conditions

18. You acknowledge and agree that your participation in this Incentive constitutes your full and unconditional agreement to and acceptance of all Incentive rules and requirements, including these terms and conditions:

a) Only Nu Skin Brand Affiliates in good standing in participating Velocity markets may participate in this Incentive. If you violate the terms and conditions of your Brand Affiliate Agreement, the Policies and Procedures, Sales Performance Plan, or this Incentive (collectively the “Agreements”), you may be deemed ineligible, and the Company may, at its sole discretion, determine your qualification to participate in this Incentive, withhold rewards under this Incentive for any reasons whatsoever, take any actions provided under the Agreements, and seek to recover any costs incurred by the Company as a result of any manipulation, including withholding future sales compensation.

b) Eligibility for rewards under this Incentive is based on meeting the requirements of this Incentive and all requirements of the Agreements, including retail sales. 

c) The Company reserves the right to audit and assess the validity of your performance under this Incentive. Any account that was established in violation of the requirements set forth in the Sales Performance Plan will be considered invalid and may result in disciplinary action. 

d) To earn rewards under this Incentive, Titles and Leadership Teams must be developed with a focus on building healthy Consumer Groups and assisting others to build their own healthy Consumer Groups and must result in the growth of active consumers within your Brand Affiliate Organization.

e) You may not buy or encourage other Brand Affiliates or Brand Representatives to buy Products to qualify for rewards under this Incentive. This Incentive is designed to reward participants for building healthy Consumer Groups and helping other participants build healthy Consumer Groups. The Company reserves the right to refuse to pay any rewards under this Incentive if it determines that the Brand Representative encouraged other participants to purchase inventory to meet qualification requirements rather than assisting them to build a group of consumers.

f) The Company reserves the right to modify or terminate this Incentive at any time without notice or reference to you, at the Company’s sole discretion. In the event of termination, only awards earned through the date of termination of this Incentive will be paid.

g) The Company’s decision on all matters relating to or in connection with this Incentive shall be final, conclusive and binding on you and no further enquiries, correspondence and/or appeal, in written or verbal to dispute the Company’s decision shall be entertained.

h) This incentive is not applicable to our Brand Affiliates and Brand Representatives in Israel, Vietnam and Ukraine.  Nu Skin Brand Affiliates and Nu Skin Brand Representatives that are registered in Israel, Vietnam or Ukraine are not eligible to earn any rewards under the EmpowerME Creators Bonus. 

i) In addition, Brand Affiliates and Brand Representatives registered outside of Israel, Vietnam and Ukraine may not earn any reward or earn Milestone Points based on the activity and/or performance of Israel, Vietnam-or-Ukraine-registered Brand Affiliates and Brand Representatives.

j) Mainland China operates under a separate and distinct business model and will not participate in this Incentive.

k) The meaning of capitalized terms not defined in this Incentive may be found in the Agreements. For the purposes of this Incentive, “Company” refers to Nu Skin International, Inc. and its affiliates.

l) The value of any reward may be reported for tax purposes as required by law, Brand Affiliates and Brand Representatives are solely responsible for reporting and paying any and all applicable taxes related to this Incentive.

m) Any dispute in respect of this Incentive shall be resolved in accordance with Chapter 7 of the Policies and Procedures.

n) By participating, Brand Affiliates and Brand Representatives release and hold harmless Nu Skin Enterprises, Inc., its subsidiaries, affiliates, directors, officers, employees, representatives, and agents from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the promotion or the receipt or use of any reward.

o) By participating in this Incentive, you consent to the Company’s collection, use and disclosure of your personal data with us, including your name, email address, and photographs, for the purposes of administering and promoting this Incentive. Such purposes include the advertising, marketing, and promotion of this Incentive to the public and the distribution of the Reward.

p) The original English version of these terms and conditions has been translated into other languages. In the event of any inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English version shall prevail.