Terms and Conditions

Terms and Conditions

You may sign up for the ADR Program by telephone, online, or by signing a hard copy of the ADR Agreement and submitting it to the Company.  If you sign up by telephone you are still required to submit a hard copy of the ADR Agreement to the Company or agree to the terms and conditions online.  If not, your ADR Account will be suspended.

 

Please note that the online ADR Agreement contains all the terms and conditions of your agreement with the Company.  All the terms and conditions would not fit on the back of the hard copy of the ADR Agreement without using a font that would be difficult to read.  Therefore, the hard copy of the ADR Agreement refers you to this web page where additional terms and conditions are described.

 

Both the terms and conditions on the back of the hard copy of the ADR Agreement and this web page comprise your entire agreement with Company.  To view the terms and conditions found on the back of the ADR Agreement, please click here.

 

The following terms and conditions are referenced in Section 3 of the terms and conditions on the back page of the ADR Agreement, are a part of the ADR Agreement, and together, comprise your agreement with the Company.

 

A.  ADR Points—Purchases, Returns, Expiration of Product Points

 

1.  Product and Bonus Points.  Whether a Distributor or a customer, the minimum monthly ADR order must be fifty (50) personal sales volume points in order to participate in the ADR Program.

 

(a) Product Points.  I agree that I will earn product points from my monthly ADR orders.  Subject to returns, the product points vary and are earned at the rate of 10% to 30% of the ADR order personal sales value before taxes (“Product Points”).  I may earn no more than one hundred (100) Products Points per month. 

 

(b) Bonus Points.  In addition to Product Points, I agree that I may earn bonus product points after five monthly shipments of my ADR order.  The five monthly shipments do not have to be consecutive if the ADR is put on hold during the first five monthly shipments. Subject to returns, the bonus product points will equal 10% of the total personal sales value of the five monthly shipments, and will be awarded to your ADR Account in the month following your fifth shipment (“Bonus Product Points”).  For example, if your monthly ADR order of one hundred (100) personal sales volume is shipped on July 5th, August 5th, September 5th, October 5th, and November 5th, 2013, then your fifty (10% of 500) Bonus Product Points would be awarded to your ADR Account on December 5, 2013.

 

(c) Holds.  During any calendar year you may place three holds on the shipment of your monthly ADR order, which means that of the twelve calendar months you may elect to not have your ADR shipped that month, and you will not be billed for the value of the shipment.  To place a hold contact customer support at 1-800-478-1000. 

 

2.  Requirements of ADR Accounts. 

(a) ADR Accounts Existing Prior to July 1, 2013.  Subject to returns, existing ADR Points will be awarded to your ADR Account the first day of the month following the shipment of your monthly ADR order.  For example, if your monthly ADR order is shipped on July 5, 2013, then your ADR Account will be awarded Product Points on August 5, 2013. 

 

(b) ADR Accounts Signed Up after July 1, 2013.  Subject to returns, if you sign up an ADR Account in July 2013, then you must have two monthly shipments of your ADR order before Product Points will be awarded to your ADR Account.  The two monthly shipments do not have to be consecutively.  For example, if you signed up on July 1, 2013, and your monthly ADR order ships on July 5, 2013, and August 5, 2013, then your ADR Account will be awarded Product Points on September 5, 2013.  Likewise, if you signed up on July 1, 2013, and your monthly ADR order ships on July 5, 2013, and your second monthly ADR order ships on September 5, 2013 (e.g., you have held your order in August), then your ADR Account will be awarded Product Points on October 5, 2013.

 

(c) Returns.  If any products from a qualifying ADR order are returned, the balance of the qualifying amount for the month in which products are returned must be repurchased in order to remain qualified and receive ADR Product Points and Bonus Product Points.  For example, if you your monthly ADR order in September, 2013 is one hundred (100) personal sales volume points, and you return product with a value of seventy-five (75) personal sales volume points, then you will not be eligible in that month for Product Points unless you purchase additional product to meet the minimum ADR order requirement of fifty (50) personal sales volume each month.  If you return product from your ADR order, previously awarded Product Points and Bonus Product Points will be deducted from your ADR Account.

 

(e) If you place an order using only Product Points or Bonus Product Points, or combine a regular product order of less than fifty (50) personal sales volume (PSV) and Product Points or Bonus Product Points, then you will pay regular shipping rates; if you place an ADR order of 50 PSV or more combined with Product Points or Bonus Product Points, then you will pay ADR shipping rates.  The shipping rates are set forth below.

 

Order Total

Shipping Rates: Standard Shipping & ADR placed online

Shipping Rates: Standard Shipping & ADR placed over the phone

$.01-$499.99

$8.00

$12.00

$500.00+

$0.00

$0.00

 

2. Expiration. My unredeemed Product Points and Bonus Product Points will expire one year from the date they are earned. 

 

3. No Returns on Products Purchased with Product and Bonus Product Points.  There are no returns allowed on products pur­chased with ADR Program points and that no personal sales volume or group sales volume is earned on products purchased with ADR Program points. Applicable sales tax will apply to the redemption of ADR Program points and that the value of the redemption will be treated as income to me and appear on my 1099 form in the United States (outside of the United States it will appear on the appropriate income form). 

 

4. Refunds.  If I am a customer, I will receive a 100% refund on any product ordered under the ADR Program if I notify the Company within 30 days of the date of the product order, or any period specified by the law of the state where I reside for such refunds, whichever is longer. If I am a Distributor, I will receive a 100% refund on any product ordered under the ADR Program if I notify the Company within 30 days of the date of the product order; I will receive a 90% refund of the price paid at the time of your order on unopened products in reasonably good condition returned within 12 months from order date.

 

B. Shipping and Shipping Rates

 

1.  Shipping Address.  My shipping address must be in the same country as the Company from whom I have ordered the products.  For example, if the Company is in the United States, then the shipping address I have provided must be in the United States.  Please remember that any order by a non-resident of the United States will be limited to a personal use limitation, which is a one month’s supply of the product for two adults.

 

 

2.  Shipping Rates

 

Order Total

Shipping Rates: Standard Shipping & ADR placed online

Shipping Rates: Standard Shipping & ADR placed over the phone

$.01-$499.99

$8.00

$12.00

$500.00+

$0.00

$0.00

 

 

C. Customer Restrictions.

 

As a customer, I cannot (a) sell the products I have purchased—they are for personal consumption only; or (b) sponsor other Distributors or other  customers.

 

 

D. Indemnity and Limitation of Liability Agreement; Arbitration Agreement

This Indemnity and Limitation of Liability Agreement is between Nu Skin International, Inc. (“NSI”), the Company, and me.

 

1. Indemnity

I will indemnify and hold NSI, the Company, and their affiliated companies, and each of their shareholders, officers, directors and employees harmless from and against any claim, demand, liability, loss, action, causes of action, costs, or expenses, including, but not limited to, reasonable attorney’s fees, resulting or arising from, directly or indirectly, any acts or omissions by me in conducting my independent Nu Skin business (if I am a Distributor), including without limitation, breach of representations and warranties, material breach of the ADR Agreement and ADR Program and other agreements between the parties, or any other claims or causes of action.

 

2. Limitation of Liability

I agree that NSI, the Company, and their affiliated companies will not be liable for any special, indirect, direct, incidental, punitive, or consequential damages, including loss of profits, arising from or related to the breach of the ADR Agreement and ADR Program, or other agreements between the parties. I agree that the entire liability of NSI, the Company, and their affiliated companies for any claim whatsoever related to my relationship with NSI, the Company, and their affiliated companies, including but not limited to any cause of action arising in contract, tort, or equity, will be limited to the cost of products that I have purchased from the Company, and its affiliated companies under the ADR Agreement and ADR Program or other agreements.

 

3. Alternative Dispute Resolution

I agree to resolve all disputes with NSI, the Company, and their affiliated companies or with other through NSI’s alternative dispute resolution policy.  This Arbitration Agreement is between NSI, the Company, and me.

 

THIS ADR AGREEMENT IS SUBJECT TO A MEDITATION AND ARBITRATION POLICY.  UTAH SHALL BE THE EXCLUSIVE VENUE FOR MEDIATION, ARBITRATION OR ANY OTHER RESOLUTION OF ANY DISPUTES ARISING UNDER OR RELATED TO THIS ADR AGREEMENT.  The place of origin of this ADR Agreement is the State of Utah, USA, and it will be governed by, construed in accordance with, and interpreted pursuant to the laws of Utah, without giving effect to its rules regarding choice of laws.  The exclusive venue for any and all disputes and actions arising under or related to this ADR Agreement, or to enforce this ADR Agreement, or any other claim (whether based in contract, tort, statute, law or equity), including the validity of the arbitration provision, place of venue, and jurisdiction, shall be in Salt Lake County, Utah. The Parties consent to the personal jurisdiction of said courts within the State of Utah and waive any objection to improper venue.  The Mediation and Arbitration Policy is found at here.

 

F. Country Specific Terms and Conditions

 

Canada

Canadian Distributors and customers residing in Canada must order directly from Nu Skin Canada, Inc., unless the order is for personal use limitation, which is a one month’s supply of the product for two adults.

 

If I am a Canadian Distributors or a customer residing in Canada, then this Agreement is between Nu Skin Canada, Inc., and me, and any reference to the Company in the terms and conditions of this ADR Agreement will mean Nu Skin Canada, Inc.

 

Terms and Conditions on the back of the ADR Agreement

I agree to be bound by the terms and conditions set forth below.

 

This ADR Agreement is between you, as an independent Distributor,  or customer (“I” or “me” or “you” or “your”) and Nu Skin Enterprises United States, Inc., a Delaware corporation, 75 West Center Street, Provo, Utah 84601 (“Company”).  I understand that the Automatic Delivery Rewards Program (“ADR Program”) is an optional program that allows me to place a standing Automatic Delivery Rewards (“ADR”) order with the Company that will be conveniently shipped to me on a monthly basis and charged to my credit card, savings account, or checking account on a recurring, monthly basis (unless I have selected the option of shipments every other month).   

 

A. General Terms and Conditions

 

1.  Sign-up Procedures; Multiple ADR Orders. 

(a) I may submit this ADR Agreement online, by facsimile, by mail, or by delivering a hard copy to the Company’s walk-in center.  If I sign up by telephone, I must submit a signed hard copy of the ADR Agreement to the Company online, by facsimile, by mail, or by delivering a signed hard copy to the Company’s walk-in center within 30 days of my sign up or the Company may terminate my ADR orders.  By submitting this ADR Agreement, I acknowledge that I have set up an ADR account in my name (“ADR Account”).

 

(b) I may place orders for multiple customers under my ADR Account.  I agree that if I place orders for other people besides myself, e.g., my customers, under this ADR Account, then I will be the primary name on this ADR Account unless I notify the Company in writing that another person whose ADR orders are on this ADR Account is the primary name.  I agree that the primary name on this ADR Account will receive all the product or bonus points earned on this ADR Account and the primary name is the only person who may redeem them.  IF I PLACE ADR ORDERS ON THIS ADR ACCOUNT FOR OTHER PERSONS, THEN I AGREE TO PROVIDE SAID PERSONS WITH A COPY OF THESE TERMS AND CONDITIONS.   

 

2.  Minimum Order Amount ; Additional Benefits. 

 

(a) Whether a Distributor or a customer, the minimum monthly ADR order must be fifty (50) personal sales volume points in order to  participate in the ADR Program. 

 

(b) With my monthly ADR order of 50 personal sales volume points or greater, I will be entitled to the following benefits:  (a) I will get a 5% discount off the wholesale prices of products in my ADR order; (b) discounted shipping; (c) I will earn product points that may be redeemed for additional products; and (d) complimentary gifts.  If I manage my ADR Account by telephone or through a walk-in center, then I will not receive a shipping discount. 

 

3.  Shipping Rates, ADR Points; and other Terms.  THE TERMS AND CONDITIONS FOR THE DISCOUNTED SHIPPING RATES, THE ACTUAL SHIPPING DISCOUNTS, THE REQUIREMENTS GOVERNING PRODUCT POINTS, HOW PRODUCT POINTS ARE EARNED, AND THE REDEMPTION AND EXPIRATION OF PRODUCT POINTS, MAY BE FOUND AT www.nuskin.com/adrtandc, WHICH TERMS AND CONDITIONS ARE INCORPORATED BY REFERENCE INTO THIS ADR AGREEMENT.

 

4. Payment. 

(a) I have specified on this ADR Agreement the quantity of each product that I desire to receive every month and provided the Company with my valid Visa, MasterCard, American Express, or Discover Card number along with the card’s expiration date, and other information necessary to set up a direct debit arrangement on my personal savings or checking account.  All products ordered by me must be paid in full before the products are shipped.

 

(b) If I have selected a credit card as the method of payment, then I authorize the Company or its affiliated company to charge my credit card each month for the products specified above. 

 

(c) If I have selected a debit arrangement, I authorize the Company, either by paper or electronic means, to debit and, if appropriate, credit to my savings or checking account. I authorize the depository I have indicated, hereinafter called the “Bank,” to debit or credit the same to such account. This authority shall remain in force and effect until both the Company and the Bank have received written notice from me of its termination.  I must provide an appropriate period of time for the Bank and the Company to act on my notice of termination. The Company will make no other charge to my account except those that I have authorized (sales tax charges may fluctuate in accordance with changes in applicable sales tax rates).  The Company and the Bank will be fully protected in honoring this authorization. If any check or charge is dishonored, with or without cause and whether intentionally or inadvertently, then the Company and the Bank will have no liability to any party.  I further authorize the Company to release this pre-authorization to the Bank in establishing and maintaining my direct debit account. It may take up to five business days for the Bank to verify funds.

 

5.  Change of Address or Orders.  Unless I notify the Company in writing by mail, facsimile, online, or via telephone of a change in my address or any changes to my order at least 30 days prior to my designated shipment date, the products I have selected will be sent to me each month at the address I have provided.  The Company will make the adjustments specified in my written notice no later than 30 days after receiving such notice.

 

6.  Discontinued Products; Stock Outs. 

(a) The specific products I selected may be discontinued by the Company. If discontinued, the Company will provide me with written notice at least five business days prior to the discontinuance of the products, and will continue to send me the remaining items selected on my ADR Agreement.  I may select other products to replace the discontinued products.  Purchase price and shipping fees will be automatically changed to reflect the change in my order.

 

(b) If your ADR order contains a product that is out of stock, when possible the Company will send you an email notification and substitute a similar or related product in your order unless you inform the Company in writing at least five business days before the order ships that you would like to substitute a different product.  Once the out of stock product is available, the substituted product will be deleted from your order and the regular product shipped in your next regularly scheduled order.  Any out of stock product will not be sent in addition to the substituted product when it becomes available.

 

7.  Price Increases.  The Company may change the price of the products that I have selected.  If the price of a specific product is increased, then the Company will provide me with written notice at least 30 days prior to the price increase, and unless I direct them to do otherwise, will continue to send me the selected products at the increased price. 

 

8.  Refunds.  Except for products purchased with ADR points, all products ordered under the ADR Program may be returned to the Company pursuant to the Company’s regular product return policy.  The refund policy for products purchased with ADR points is described at www.nuskin.com.

 

9.  Termination of ADR Program or Orders. 

(a) Upon 30 days prior written notice, the Company may terminate the ADR Program.  The Company may also immediately terminate my right to participate in the ADR Program and this ADR Agreement and notify me of the termination if (i) the credit card or bank authorization provided in this ADR Agreement expires, is cancelled or otherwise terminated, (ii) I violate the terms and conditions of this ADR Agreement, or (iii) if I am a Distributor, if I have violated the terms and conditions of my Distributor Agreement. 

 

(b) I may cancel my ADR order in writing or by contacting customer service at 1-800-487-10000 at any time. The Company will cancel my ADR Agreement within 30 days after it receives my written notice.

 

(c) Upon 30 days prior written notice, the Company may, in its sole discretion, modify the terms and conditions of this ADR Program, including but not limited to, the expiration of the product points for Distributors.

 

10.  No Modification of Distributor Agreement; Customer Assistance.  The terms and conditions contained in this ADR Agreement do not supersede or modify in any way the terms and conditions of my Distributor Agreement and the Policies and Procedures.   If I am a Distributor, (i) I will assist my customers in obtaining any requested refunds under the ADR Program; (ii) I acknowledge that I have sold or personally consumed at least 80% of my last month’s purchase of products; and (iii) I agree that with my participation in the ADR Program I agree to the terms of this ADR Agreement, the Distributor Agreement, the Policies and Procedures, as amended.

 

11. Expiration of Product Points.  Any unredeemed products points earned from the ADR orders placed under this ADR Account will expire one year from the date that they are earned.

 

B.  Privacy Policy

 

(a)  Collection of Personal Information.  The Company, its parent, affiliates and subsidiaries (“Nu Skin”) 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 ADR Program. Nu Skin respects your privacy and is committed to protecting the privacy of consumers of Nu Skin’s products and services.  Nu Skin collects from you and holds certain personal information about you in order to provide you with the benefits of being a Distributor and communicating with you regarding (i) promotional offers and products, (ii) Distributor/customer relationships, (iii) customer referrals, and (iv) other relevant business issues.  All information submitted by you will be held by Nu Skin at its corporate headquarters in the United States, its regional headquarters, and/or its local affiliated companies in the country of your residence.  You have right to access and correct your personal information held by Nu Skin by contacting the call center for your country of residence. 

 

(b) Disclosure of Personal Information.  Nu Skin may disclose your personal information to contracted vendors.  Any vendor would only have access to your personal information for limited purposes regarding marketing communication with Distributors.  Except as set forth above and in Nu Skin’s Privacy Policy, Nu Skin 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 ADR Program.  You may view the Privacy Policy on Nu Skin’s web sites here.

 

(c) I agree that if I am a Distributor, then my immediate upline Executive will be notified if I cancel my ADR Account.  The upline Executive will only my name, ID number, and limited contact information.  No details regarding the specifics of my ADR orders will be provided.   

 

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