Additional ADR Terms & Conditions
Additional ADR Terms & Conditions
ADR AGREEMENT—ADDITIONAL 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. 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, then your fifty (10% of 500) Bonus Product Points would be awarded to your ADR Account on December 1:
(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 call 1-800-487-1000.
2. Requirements of ADR Accounts.
(a) Product Points. Subject to returns, if you sign up an ADR Account, 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 consecutive. For example, if you signed up on July 1, and your monthly ADR order ships on July 1, and August 5, then your ADR Account will be awarded Product Points on September 5. Likewise, if you signed up on July 1, , and your monthly ADR order ships on July 5, and your second monthly ADR order ships on September 5, (e.g., you have held your order in August), then your ADR Account will be awarded Product Points on October 1.
(b) 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, 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.
(c) 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. Online/ADR shipping rates $8.50. Call Center Shipping Rate $12.00.
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 preferred customer, I will receive (a) 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; and (b) 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. If I am a Distributor, I will receive (a) 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
C. Customer Restrictions.
1. As a preferred customer, I cannot (a) sell the products I have purchased—they are for personal consumption only; or (b) sponsor other Distributors or other customers.
2. As a preferred customer, my account is permanently linked to the Distributor who referred me to the ADR Program unless (a) I have no activity on my account for a period of six consecutive months, at which time I may sign up as a customer under a different Distributor, or (b) I sign up as a Distributor under a different sponsor.
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.
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 here.
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.