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CJR Sister (or Brother) Agreement
At all times, Sister (or Brother) must:
Basic Qualifications
You become a CJR Sister (or Brother) when your completed Agreement has been received and accepted by the Company and its Home Office.
To become a CJR Sister (or Brother), you must be 18 years or older, be a United States or Canadian citizen or permanent resident, possess a valid Social Security Number or Green Card, Social Insurance Number (in Canada). In order to sign up with C.J.ROCKER, you must visit our website and submit the online form, which includes the electronic acceptance of the Sister (or Brother) Agreement. As soon as the Home Office approves the Sister (or Brother) Agreement, you are ready to begin!
Your Sister (or Brother) Status Level is determined by your sales activity. Your current status is listed on your Activity Report after you’ve logged in. Definitions of each level are below:
INACTIVE Sister (or Brother) that has CJR Commission equal to $0.
ACTIVE Sister (or Brother) that has CJR Commission equal to > $0
ADVANCED Sister (or Brother) that has sold < $800 MSRP USD or more and has unlocked the 10% for their customers
PENDING DEACTIVATION Sister (or Brother) whose account is <$0
As of today, C.J.ROCKER operates in the US & Canada. In order to retain your Independent Sister (or Brother) Agreement with C.J.ROCKER, you must remain a permanent resident in the country you signed up in. The Independent Sister (or Brother) Agreement does not transfer to another country in which C.J.ROCKER operates. To conduct business in another country, you must resign in your original country and sign the relevant agreement for the new country. Additionally, Sister (or Brother)s may not solicit international or cross-border business.
All Sister (or Brothers) must provide a taxpayer identification number or social insurance number. The Company will use this number for government reporting purposes. You will be automatically assigned a non-changeable Sister (or Brother) ID.
You understand that you are not an employee of C.J.ROCKER and shall not be entitled to receive any benefits from C.J.ROCKER whatsoever. You shall be fully responsible for paying all applicable federal and state/provincial withholding taxes, source deductions, taxes, employment insurance premiums, Canada Pension Plan contributions, Workers’ Compensation contributions or provincial employee health tax contributions and other levies, premiums, license requirement and fees related to your earnings and activities as a Sister (or Brother). You agree that as a Sister (or Brother) you are an independent contractor, and not an employee, agent, partner, legal representative or franchisee of C.J.ROCKER. You shall be solely responsible for paying all expenses incurred by yourself. You will have and maintain control of the manner and means of your performance. You will have no power or authority to incur any debt, obligation or liability on C.J.ROCKER’s behalf.
You are an independent contractor, and C.J.ROCKER imposes no restrictions on any Sister (or Brother)'s participation or sales activity in other businesses. However, promotion of other competitive business ventures is prohibited at Trunk Shows or in communication with C.J.ROCKER customers and any competing direct-sales business (e.g. companies that sell jewelry as one of their offerings) is not allowed. Additionally, should you promote to the Director Career Rank Level or above, participation in any other direct-selling ventures is no longer permitted. Please review the Compensation Plan for a complete list of Career Rank Levels.
As a Sister (or Brother), you agree to conduct your business with the highest standards of honesty and integrity. You agree to refrain from making negative, disparaging, untrue or misleading comments about the Company, its owners, directors, officers, associates, other Sister (or Brother)s or any other direct-selling company or such company’s products. You also agree not to engage in any activities that may cause harm to the Company or any other Sister (or Brother).
All Sister (or Brothers) shall comply with all federal, state and local statutes and regulations concerning the operations of their businesses. You are responsible for your own managerial decisions and expenditures, including claiming income taxes and any self-employment taxes.
Some local governments might have ordinances that restrict the way you conduct your C.J.ROCKER business. Call your local Small Business Administration (SBA) office to determine if any business licenses are required. Also, if you live in a subdivision or condominium, check with your association to determine if there are any limitations on conducting business activities in your home.
All lists of customers, your personal team, or other Sister (or) are proprietary property of the Company and constitute a business trade secret. C.J.ROCKER may make these lists available to you for the express purpose of supporting you and your personal team to further develop your C.J.ROCKER business. You may use these lists only in connection with your C.J.ROCKER business and for no other purpose. You must keep the lists confidential and must not make the lists available to third parties. You agree that any wrongful disclosure of the lists or the information on the lists will cause immediate and irreparable damage to the Company and that the Company may pursue all legal remedies available against you if you violate this provision. This provision will survive the termination of your Independent Sister (or Brother) Agreement. Non-Solicitation As an inducement to C.J.ROCKER to enter into this Agreement and in consideration of the mutual covenants contained herein, during the term of this Agreement and for a period of one year thereafter you shall not directly or indirectly, on your own behalf or on the behalf of any other person or entity, solicit, induce or hire or attempt to solicit, induce or hire any Sister (or Brother) to terminate or alter her business relationship with C.J.ROCKER. Additionally, for a period of one year after the termination of this Agreement, you will not own or operate a multilevel direct-sales jewelry business.
Transferability
Neither this Agreement nor your C.J.ROCKER business may be transferred or assigned by you or operated in partnership with any other person. C.J.ROCKER may assign this Agreement at any time.
The Federal Trade Commission and the Canadian Revenue Agency and the laws of several states or provinces regulate claims regarding the amount of income that can be earned under programs such as the C.J.ROCKER program. You are responsible for your own managerial decisions and expenditures, including claiming revenue earned for income tax purposes.
C.J.ROCKER will not honor requests from Sister (or Brother)s to have other Sister (or Brothers’) account transferred to them.
Events Upon Termination of This Agreement:
You will:
Commissions are updated weekly and need deposited into the CJR Commission portal for it to be transferred to the Sister (or Brothers) bank account. It is the Sister (or Brothers) responsibility to submit their correct banking information for the transfer. Please review the fees included in the transfer. Transfers can occur once a month.
Weekly Updates: Commissions will be updated weekly
Commissions are paid on the commissionable amount of C.J.ROCKER core product sales based on MSRP or sale pricing minus any discounts.
From time to time, we put items on sale as a promotional discount. These special sale items are commissionable on the sale price of the item and not the regular retail price.
If you have any issues or discrepancies with your commission report, they must be reported within 30 days of the alleged discrepancy. Issues reported after that timeline will not be researched or adjusted. Send your requests via email through the Contact Us page on our corporate website with the header “Commission Report”
Commissions are issued to Sister (or Brothers) in their name only and cannot be paid to businesses, trust funds, etc.
If overpayments are made, amounts will be deducted from future payouts.
Commissions are issued only if $10 or more.
U.S. Sister (or Brother): Each January, C.J.ROCKER issues Tax Form 1099 for the previous year. A 1099 will be issued for each non-employee who has earned commission checks, incentives, prizes, etc., of $600 or more. Commission and other earnings must be claimed as income in your tax filings each year.
Canadian Sister (or Brother): By the end of February, C.J.ROCKER will send a T4A form for the previous year. As stated by the Canadian Department of Revenue, T4A forms will be sent to any Sister (or Brother) who earns $500 and above.
C.J.ROCKER may, at its option, place a Sister (or Brother)’s account on termination for money owed to C.J.ROCKER or for violation of other Policies and Procedures. If an account is placed on hold, the Sister (or Brother) may be prohibited from placing orders, receiving all or a portion of commissions until the account is current and/or all Policy and Procedure violations are corrected; or, if the Sister (or Brother) is in a requalification period, until the requalification period has expired.
C.J.ROCKER makes a considerable investment in building our general brand and driving awareness that will fuel all of our Sister (or Brothers) businesses. Our corporate marketing and public relations efforts are intended to attract new potential customers and Sisters (or Brothers), which ultimately benefits every CJR Sister (or Brother).
For building a great social selling business, there is no substitute for leveraging YOUR social network. Home Office leads should not be expected and are not a way to build a personal business. We do general marketing like press and events because we know that you can then show this media coverage to your network of people and build excitement.
The corporate marketing and public relations efforts will primarily direct potential customers to our official corporate website, www.cjrocker.com. While on the official corporate website, the potential customer or Sister (or Brother) may learn more about products and Sister (or Brother) opportunities.
Compliance with our advertising and online policies. When you market your business, always refer to yourself as a C.J.ROCKER Sister (or Brother) to eliminate confusion between your personal website and the official C.J.ROCKER website You may never sell our products on any site other than C.J.ROCKER (this includes eBay, Etsy, or other auction sites).
You may not create search engine marketing campaigns (this includes Google AdWords) as it directly competes with C.J.ROCKER’s official website and any advertising placements we are running.
You may not offer blanket discounts in your ad as per the policy on Blanket Discounts
Income Tax — U.S.
As a self-employed professional, it is up to you to maintain complete records regarding your income and expenses. This will greatly assist you when calculating your taxes every year.
The first month of each calendar year, C.J.ROCKER issues Tax Form 1099 for the previous year. A 1099 will be issued for each non-employee who has earned commission checks, incentives, prizes, etc., of $600 or more. Commission and other earnings must be claimed as income with your tax filings each year.
As a CJR Sister (or Brother), you are an independent contractor to C.J.ROCKER, not an employee. Because of this distinction, you are self-employed for income tax purposes. You will report your commission income on Schedule C of your income tax return. As a self-employed Schedule C tax filer, you may have significant advantages in deducting business expenses. Examples include home office deductions, business use of your auto, home computer usage and travel and entertainment expenses.
Throughout the year, keep all of your receipts for income and expenses in one place. Designate a folder for paperwork and don’t forget to write down mileage that you’ve traveled in order to conduct your C.J.ROCKER business. This will make it much easier for you to calculate your tax return at the end of the year.
You may call the IRS at (800) 829-1040 and request several helpful pamphlets at no cost.
If I don’t receive a Form 1099 from C.J.ROCKER, do I still need to file a tax return?
Yes, you need to report income you earned from sales of C.J.ROCKER products on Schedule C.
What other information do I have to provide to the IRS?
Please contact your accountant for more information about inventory accounting.
If I didn’t make $600 in my C.J.ROCKER business, do I still have to file?
Yes, if you are in business, you still need to file. If you had more expenses than income, you may have incurred a loss in your business that can be used to offset other income and reduce your taxes. You should discuss this with your accountant.
When you become a Sister (or Brother), you authorize the Company to collect and remit to the proper governmental agencies the applicable sales/use tax generated as a result of your sales of your products as outlined below. When orders are placed with the Company, sales tax is prepaid based upon the suggested retail price or actual selling price if known. You must agree to be bound by all sales tax collection agreements between the Company and all appropriate taxing jurisdictions, and all related rules and procedures.
Sales tax is calculated on the suggested retail price of the items purchased, not on the cost to the Sister (or Brother). The tax collected from the Sister (or Brother) is then remitted to the appropriate state.
Liability
C.J.ROCKER cannot guarantee, regenerate or in any way be responsible for C.J.ROCKER products purchased from sources other than C.J.ROCKER.
C.J.ROCKER cannot guarantee, regenerate or in any way be responsible for products that are not officially part of the C.J.ROCKER product line.
C.J.ROCKER cannot guarantee, regenerate or in any way be responsible for products that have been imprinted with the C.J.ROCKER trademark by sources other than C.J.ROCKER.
Any CJR Sister (or Brother) duplication of C.J.ROCKER trademarks or service marks is prohibited. Examples of C.J.ROCKER and marks include, but are not limited to, C.J.ROCKER, the C.J.ROCKER logo, the C.J.ROCKER Collection. Demonstration, display or sales of C.J.ROCKER product in retail or service establishments of any kind are inconsistent with the purpose for which the trademarks are registered.
When reproducing the C.J.ROCKER logo, it must not be altered in any manner or form.
You may advertise in local publications and online, but must make sure your ad is accurate, professional and not misleading in any way. You must always list your C.J.ROCKER personal promo code address and use only official C.J.ROCKER logos. If you list contact information, you must identify yourself as an Independent Sister (or Brother) so that there will be no confusion that you represent the Home Office. You may advertise sponsoring opportunity sessions, your Trunk Show offerings or any other C.J.ROCKER events you choose.
Press Contacts and Leads The Home Office is the primary contact with all press and media. All members of the Sister (or Brother) force wishing to contact any members of the media for any reason should contact the Home Office Marketing Department first.
The Home Office initiates all television, cable TV, radio, Internet, newspaper, newsletter and magazine interviews, features and paid advertisements. CJR Sisters (or Brothers) may not initiate, authorize or implement national or regional media publicity. Sisters (or Brothers), however, are encouraged to initiate/implement local media interviews.
All interviews with the media must be handled through the Company Communications Manager. Whether the media outlet pursues you or vice versa, you must inform the Company before the interview is conducted (no exceptions). Contact the Home Office Marketing Department immediately and refer the reporter/writer to our public website for contact information. If you are approached by a member of the national media about contributing to a story, you must refer her or him to the Company immediately.
As with advertising, you may only personally approach local media when submitting a press release or story pitch. Your copy must be approved through C.J.ROCKER prior to sending it.
We require Sisters (or Brothers) to list the C.J.ROCKER web address in addition to any personal contact information. The Company must approve proposals for regional or national media promotions in advance. Look online in the Sister (or Brother) Lounge for high-resolution logos and advertising guidelines.
A business phone number may be listed in the following manner:
Name, Career Title with C.J.ROCKER
Address
Phone Number
CJR Sisters (or Brothers) may not use the trademark or trade name C.J.ROCKER on bank accounts, credit applications with local suppliers or other business forms. Checking accounts can simply be designated as “Business Accounts.” Or, if you need to list a business on your checking account, credit application or other form, use your name and “C.J.ROCKER Independent Sister (or Brother).” The intent of this is to avoid any implication that a Sister (or Brother) business is the Corporate Office.
C.J.ROCKER builds our brand for the general benefit of all Sisters (or Brothers). Thus, our trademarked brand name cannot be used to drive traffic away from our corporate site. Our corporate site allocates Leads to all qualified and active Sisters (or Brothers). Infractions may result in the immediate termination of a Sister (or Brother) account.
You may not represent yourself in any way online that detracts from the C.J.ROCKER brand. Any ad in which the trademarked C.J.ROCKER name or logo is used must be approved by the corporate office. Corporate-approved advertisements will be made available online at the corporate site, after sign in.
You may not use C.J.ROCKER or any derivative of that in any e-mail addresses, for example, cjrocker@gmail.com is prohibited.
You cannot create a fan page on Facebook or any other social networking site that appears to be the corporate office. However, you may create a site that includes the term Sister (or Brother) for C.J.ROCKER in the name. You cannot use the word “official” or anything similar. You cannot create an alias for any sites like Twitter or others that use any permutation of the C.J.ROCKER name.
Due to complex legal and tax considerations involving international sales, no sales or recruitment efforts may be made outside the 50 states and Canada. Sisters (or Brothers) may only sell and sponsor within the country in which they reside. ß really? They can’t even sell within north America? Ideally would want them to be able to sell internationally but is it worth it?
C.J.ROCKER Sisters (or Brothers) may not conduct business outside of the United States and Canada. C.J.ROCKER does not currently offer the Sister (or Brother) opportunity in Puerto Rico and Guam or Quebec. CJR Sister (or Brothers) may not Sponsor, sell or promote C.J.ROCKER outside of their country.
Each party acknowledges that the C.J.ROCKER website may be subject to temporary shutdowns from time to time for maintenance and/or due to causes beyond the operating party's reasonable control, and that neither party shall have any liability to the other by reason of any such shutdowns.
Any violation of C.J.ROCKER Policies and Procedures or the Independent Consultant Agreement, or any illegal, fraudulent, deceptive or unethical business conduct on your part may result, at our sole discretion, in one or more of the following disciplinary actions:
Issuance of a written warning or admonition.
Imposition of a fine, which may be imposed immediately or withheld from future commission checks.
Reassignment of all or part of your organization.
Placing you on Account Hold, during which period you may not conduct C.J.ROCKER business or receive compensation.
Suspension of your Sister (or Brother) status, which may result in termination, or reinstatement with conditions or restrictions.
Termination of Sister (or Brother) status.
If you have a grievance or complaint about another Sister (or Brother) that you are unable to resolve regarding any practice or conduct related to the C.J.ROCKER business, please submit a report (electronic or written) describing the situation to C.J.ROCKER Customer Care for review.
If you observe a violation of C.J.ROCKER Policies and Procedures by another CJR Sister (or Brother), please submit a report (electronic or written) C.J.ROCKER Customer Care describing the circumstances, evidence and any other pertinent information. Your report to the Company will be held in the strictest confidence.
The company reserves the right to amend 1) the Sister (or Brother) Agreement, 2) the Compensation Plan, 3) Policies and Procedures, 4) its prices, 5) product and service availability at any time without prior notice as it deems appropriate. Amendments will be communicated to Sisters (or Brothers) through official Company publications, websites, or voice or e-mail. Amendments are effective and binding on all Sisters (or Brothers) as of the date of issuance. In the event of any conflict between the original documents and policies and any such amendment, the amendment will control.
Indemnification/Offset
As a Sister (or Brother), you indemnify and hold harmless C.J.ROCKER and its agents and assigns from and against any damages, claims or liabilities and expenses (including attorneys’ fees) incident to your: (a) activities as a Sister (or Brother) including, without limitation, any unauthorized representations made by you; (b) breach of the terms of this Agreement; or (c) violation of or failure to comply with any applicable federal, state or local laws or regulations. C.J.ROCKER shall have the right to offset any amounts owed by you to C.J.ROCKER (including, without limitation, the repayment of commissions as a result of product returns) against the amount of any commissions or bonuses owed to you.
The Federal Trade Commission (FTC) and the Federal Communications Commission (FCC) each have laws that restrict telemarketing practices. Both of these federal agencies (as well as a number of states) have “do not call” regulations as part of their telemarketing laws. Therefore no telephone solicitation is prohibited
You may not engage in telemarketing relative to the marketing of C.J.ROCKER products. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of a C.J.ROCKER product or service or to recruit them for the opportunity of marketing C.J.ROCKER products. “Cold calls” made to prospective customers that promote either C.J.ROCKER products or the opportunity to market C.J.ROCKER products constitute telemarketing and are prohibited. However, your telephone call(s) placed to a prospective customer (“prospect”) is permissible in the following situations:
You may call family members, personal friends, guests who have attended a C.J.ROCKER Trunk Show that you have conducted, and acquaintances. An “acquaintance” is someone you have recently personally met.
You may call people you have an established business relationship with. An “established business relationship” is a relationship between you and a prospect based on the prospect’s purchase, rental or lease of goods or services from you, or a financial transaction between you and the prospect, within the 18-month period immediately preceding the date of your telephone call to induce the prospect’s purchase of a product.
The prospect’s personal inquiry or application regarding a product or service you offered them within the three-month period immediately preceding the date of such a call.
If you receive written and signed permission from the prospect authorizing you to call. The authorization must specify the telephone number(s) that you are authorized to call.
Collecting business cards and subsequently calling these contacts may be considered a form of telemarketing by the FTC and should be avoided.
All rights, powers and remedies given to C.J.ROCKER are cumulative, not exclusive and in addition to any and all other rights and remedies provided by law. No failure or delay of C.J.ROCKER to exercise any power or right under this Agreement or to insist upon strict compliance by you with any obligation or provision shall constitute a waiver of C.J.ROCKER’s right to demand exact compliance therewith. Waiver by C.J.ROCKER can be effective only in writing by an authorized officer of C.J.ROCKER.
Upon any breach of this Agreement by the Sister (or Brother), C.J.ROCKER will be immediately and irreparably harmed and cannot be made whole solely by monetary damages. Because the remedy at law for any breach of any provision of this Agreement shall be inadequate, in addition to any other remedies in law or in equity that it may have, C.J.ROCKER shall be entitled, without the necessity of proving actual damages, to temporary and permanent injunctive relief to prevent the breach of any provision of this Agreement and/or to compel specific performance of this Agreement. In addition, C.J.ROCKER shall be entitled to its costs and expenses, including reasonable attorneys’ fees, in enforcing its rights under this Agreement.
We maintain our right to insist on compliance with these Policies and Procedures or with the applicable laws governing the conduct of a business. In the event that we permit a variance of the rules, that permission does not extend to future variances. This provision deals with the concept of “waiver,” and the parties agree that we do not waive any of our rights under any circumstances.
All disputes and claims relating to C.J.ROCKER, the Sister (or Brother) Agreement, the Compensation Plan, the Company’s products, the rights and obligations of the Sister (or Brother), or any other claims or cause use of action relating to the performance of either the Sister (or Brother) or C.J.ROCKER under the agreement shall be adjudicated totally and finally in Ontario or such other location as the Company prescribes. Unless the state/province in which you live requires the application of its laws and venue, this agreement is governed by the laws of the Province of Ontario, without regard to principles of conflicts of laws.
Should any portion of these Policies and Procedures, the Independent Sister (or Brother) Agreement or of any other instruments referred to herein or issued by C.J.ROCKER be declared invalid by a court of competent jurisdiction, the balance of such rules, applications or instruments shall remain in full force and effect.
To the extent permitted by law, C.J.ROCKER and its affiliates, officers, directors, associates and other representatives shall not be liable for, and the Sister (or Brother) hereby releases the foregoing from, and waives any claim of loss of profit, incidental special, consequential, or exemplary damages which may arise out of any claim whatsoever relating to the Company’s performance, non-performance, act, or omission with respect to the business relationship or other matters between the Sister (or Brother) and the Company whether sounding in contract, tort or strict liability. Furthermore, it is agreed that any damage to the Sister (or Brother) shall not exceed, and is hereby expressly limited to the amount of unsold C.J.ROCKER products and services owned or held by the Sister (or Brother) and commissions, bonuses and overrides.
The Policies and Procedures and the Compensation Plan, as amended from time to time are incorporated into the C.J.ROCKER Independent Sister (or Brother) Agreement and constitute the entire Agreement of the parties regarding their business relationship.
