Smart Living Company Standard Membership Rules
Please carefully read these Standard Membership Rules for Smart Living Company, which apply to all Smart Living Company members. If you do not wish to comply with these Rules, you should immediately cancel your membership in accordance with Section 4 below.
- Membership. Subject to your compliance with these Rules and payment of the membership fees you agreed to when joining Smart Living Company, you will have a membership with Smart Living Company including the right to purchase merchandise from Smart Living Company.
- Annual Renewal Fees (for Silver, Gold or Platinum Plan members only). You must timely pay an annual renewal fee (which is currently $49.95) to keep your membership active and to be eligible to receive updated catalogs and/or other information available to Smart Living Company members. Smart Living Company may change prices or institute new fees at any time. The renewal fee will be automatically charged on the 19th day of your anniversary month, or the next business day thereafter, to the credit card or bank account you have provided us, unless you deactivate or cancel your membership WITHIN NINETY (90) CALENDAR DAYS of the date you were charged in accordance with Section 4 below.
- Cancellation. Buyers Club, Premiere, or Enterprise Members, you can change your membership type as follows: All memberships can be upgraded anytime including in the middle of any month. All memberships can be downgraded or cancelled only at the end of each month. Once you cancel, no further monthly charges will be assessed. Any Premiere and Enterprise monthly membership fees paid are non-refundable. To cancel, call the current toll-free telephone number on our website, or please contact us at firstname.lastname@example.org. Silver, Gold, or Platinum Plan Members: If you cancel your membership within ninety (90) days of joining Smart Living Company, you may be eligible for a refund of your membership fees (excluding shipping and handling). Call the current toll free telephone number listed on our website for eligibility and cancellation instructions. If you're a Silver Member and cancel after ninety (90) days, you will remain responsible for any remaining fees until paid in full. If your Membership Kit has shipped and you refuse delivery, the shipping and handling charge will not be refunded, and an additional $15 will be deducted from any membership fee refund to cover the return shipping.
- Fees and Credits. You are responsible for all charges incurred, including your initial membership fee in accordance with the payment plan you agreed to when joining, your annual renewal fee (if applicable), and payment for any merchandise or materials you order from Smart Living Company. Payments made by electronic funds transfer (EFT) will result in a hold on shipment or account status of approximately seven to nine business days. Except as specifically provided in Section 4 above, all amounts paid to Smart Living Company are nonrefundable. Upon suspension, cancellation, or termination of your membership any unused credits or funds remaining in your account remain the property of Smart Living Company.
- Special Account. Credits Special Account Credits may be used for merchandise and supplies only, are non-refundable, may not be used for recurring fees or charges or to purchase gift cards or additional credits, and expire one (1) year from the date of issuance.
Monthly Rebate Program. Smart Living Company’s 2014 Monthly Rebate Reward Program starts January 1, 2014 and runs through December 31, 2014. The Monthly Rebate Program will
allow you to earn a rebate of 2% up to 10% based on your accumulated order total for each calendar month. The rebates are calculated based upon the following:
2014 Rebate Program 01/01/2014 through 12/31/2014
%Rebate Qualifying Monthly Net Sales 2.0% $1,000.00 4.0% $2,000.00 6.0% $4,250.00 8.0% $6,250.00 10.0% $8,250.00
- Rebate calculation uses the net price paid for qualifying merchandise after deductions for all discounts.
- Rebate calculation excludes certain non-qualifying items including: gift cards, special account credits, deposits, promotional and clearance items, shipping promotions, custom pre-order items, shipping and handling, and/or eMerchant Club goods and services.
- Rebate calculation excludes any purchases paid for using rebate awards.
- Rebate can only be used to purchase merchandise. Rebate cannot be used to purchase gift cards, SAC, etc.
- Monthly rebate is awarded 60 days after the current month in which the rebate is earned. For example, a rebate for January sales will be awarded April.
- Rebate shall automatically first be used to pay down any amounts outstanding on terms.
- Program subject to change anytime at the discretion of Smart Living Company.
- Suspension. If you fail to pay for any purchases from Smart Living Company, if any fees or charges are due but unpaid to Smart Living Company or its affiliate eMerchantClub, or if your account is delinquent, Smart Living Company may automatically apply any credits in your account to pay the balance due, or your membership may be suspended or canceled at Smart Living Company's discretion. Your account may be suspended if you become inactive or do not place at least one merchandise order per year. If your account is suspended you may reactivate your Silver, Gold or Platinum account by paying a reactivation fee (which is currently $74.95).
- Termination. Smart Living Company may immediately terminate your membership, if you breach any provision of these Rules, engage in any prohibited activities or aid and abet anyone listed in a Fraud Alert or if you fail to pay any fees or charges when due. Smart Living Company also reserves the right to terminate any membership upon refund of the most recent annual fee (if applicable). If your membership is terminated for any reason other than non-payment, you may not rejoin Smart Living Company. The provisions of Sections 8 through 21 will survive suspension, termination or cancellation.
- Communication. Throughout the course of your membership, Smart Living Company may contact you for administrative and promotional reasons by mail, email or telephone, including pre-recorded messages. You may be able to opt out of some of these communication channels by calling Member Support, or in the case of email by using the unsubscribe function provided with each mailing.
- Prohibited Activities. You may not directly or indirectly (a) use the names Smart Living Company in the conduct of your business, (b) infringe on any Smart Living Company trade names, trademarks or copyrights, (c) contact or solicit other Smart Living Company members, (d) use your Smart Living Company membership in any manner or for any purpose other than selling Smart Living Company products, (e) distribute Smart Living Company products outside authorized sales channels, (f) engage in any unlawful, unfair or deceptive business practice, (g) fail to conduct your business in an honest and ethical manner, (h) engage in any abusive, tortious or unprofessional language or conduct, (i) violate any applicable law or regulation, (j) compete against Smart Living Company or its affiliates, (k) do anything to harm Smart Living Company, its affiliates or other members, or degrade Smart Living Company's goodwill or reputation, or (l) do business with any person who does any of the foregoing or is listed in a Fraud Alert.
- Compliance. You are solely responsible for all aspects of operating your business. You agree to comply with all applicable federal, state and local laws, ordinances and regulations in connection with the operation of your business and the sale and marketing of our products. You agree to comply with any manufacturer’s restrictions on the sale of their products. You agree to indemnify and defend Smart Living Company from any claims or demands in connection with your negligence, misconduct or violation of any laws.
- Taxes. You are solely responsible for calculating, collecting, withholding, reporting and paying any and all applicable taxes, duties and levies, including without limitation states and local sales and use taxes, and federal and state income taxes.
- Trademarks and Copyrights. You may not use the names Smart Living Company®, the Smart Living Company logo or any other trademarks or trade names of Smart Living Company or its affiliates, or any confusingly similar names, in any manner. You may not use the name or likeness of any Smart Living Company spokesperson, employee or other member. You may not copy or link to https://www.smartlivingcompany.com/ or any other website of Smart Living Company o r its affiliates. You may not copy or use any copyrighted text, graphics, CD-ROM or online content of Smart Living Company or its affiliates. You may only copy or use designated Smart Living Company product descriptions, product photographs, and .jpg files on your website to advertise products you purchased from Smart Living Company for sale to your customers, and not in any other manner or for any other purpose. You may not delegate or authorize any other person do so, whether on your behalf or otherwise.
- Warranty Exclusion. Smart Living Company IS NOT LIABLE FOR ANY LOSSES, COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR MEMBERSHIP, THE SERVICES WE PROVIDE OR THE SALE OF OUR PRODUCTS. NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS GIVEN OR ASSUMED BY Smart Living Company OR ITS AFFILIATES, AND ALL SUCH WARRANTIES, REPRESENTATIONS AND TERMS ARE HEREBY DISCLAIMED AND EXPRESSLY EXCLUDED. NO ADVICE OR INFORMATION GIVEN BY Smart Living Company OR ANY OF OUR REPRESENTATIVES SHALL CREATE ANY WARRANTY.
- Damage Limitation. OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR MEMBERSHIP SHALL NOT EXCEED THE TOTAL AMOUNT OF THE MEMBERSHIP FEES YOU HAVE PAID TO US WITHIN THE PRIOR YEAR. Smart Living Company AND ITS AFFILIATES SHALL IN NO EVENT BE LIABLE FOR ANY PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
- Notice of Claims. You will promptly notify us in writing if any third party makes any claim of infringement of any copyright, trademark or patent. If in our judgment the sale or use of any Smart Living Company products may be found to infringe the property rights of a third party or presents a consumer safety hazard, we may, at our option, require you to return the infringing products for a merchandise credit or exchange.
- No Agency. You agree and acknowledge that you and Smart Living Company have an independent business relationship. Nothing about your membership or provided for in these Rules shall be deemed to create a partnership, franchise, joint venture or agency, and neither party is the other's partner, franchisee, employee, agent or representative. You will not state, imply or hold yourself out to anyone as being associated, affiliated with or endorsed by Smart Living Company, and have no right to obligate or bind Smart Living Company in any manner whatsoever.
- Third-Parties. These Rules are intended and agreed to be solely for the benefit of you and Smart Living Company and its affiliates, and no other party shall accrue any benefit, claim or right of any kind whatsoever hereunder.
- Arbitration. Any controversy, dispute, claim or action of any nature whatsoever arising out of, in connection with, or relating to your Smart Living Company membership or these Rules, or in any way involving you and Smart Living Company, including any issues of arbitrability, the scope or applicability of this agreement to arbitrate shall be resolved by binding arbitration before a retired judge at JAMS ( http://www.jamsadr.com/) in Santa Monica, California, pursuant to the JAMS Streamlined Arbitration Rules & Procedures and the JAMS International Arbitration Rules. Any such controversy, dispute, claim or action must be brought in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Judgment on any interim or final award may be entered in any court having jurisdiction. The prevailing party shall be awarded all costs and expenses, including without limitation all arbitration, expert witness and attorneys fees, costs and expenses. You may opt out of this arbitration clause of this agreement by notifying Smart Living Company in writing within thirty days of your first becoming a member.
- California Law and Venue. Your membership is deemed to be entered into and performed in Santa Monica, California. These Rules shall be governed by and construed in accordance with the laws of the State of California without regard to conflicts of law provisions. You consent to exclusive personal jurisdiction and venue in Los Angeles County, California, and agree that it shall be the sole forum and venue for any and all disputes involving Smart Living Company, including without limitation small claims actions.
- Non-Disclosure. As part of your membership, you agree that confidential information disclosed orally or in writing or made available by Smart Living Company shall not be disclosed to any third party without the written consent of Smart Living Company. “Confidential information” shall include all information or material that has or could have commercial value or utility in Smart Living Company’s business. This confidential information includes, but is not limited to, the following: financial information, pricing information, manufacturing and manufacturers, marketing plans, business plans and strategies, customer lists, research and development, know-how, trade secrets, sales techniques and processes, and any other business, marketing, manufacturing, financial, technical or other information that Smart Living Company solely deems disclosed in circumstances of confidence. As a member you agree that any confidential information disclosed prior to these current membership rules was intended and shall be deemed as confidential information. All obligations with respect to confidential information shall survive termination or expiration of your agreement to these membership rules for a period of 5 years from the date of termination or expiration of your membership agreement.
- Non-Circumvention. In addition to the Non-Disclosure rules above, you agree to not circumvent Smart Living Company’s business relationships and work with third parties, including, without limitation, business associates, customers and clients, financial sources, suppliers, manufacturers, consultants, and other third party vendors that has been disclosed to you directly or indirectly by Smart Living Company. “Non-Circumvention Conduct” means contacting, discussing, or transacting business with such third party, without the prior knowledge and written consent of Smart Living Company. This non-circumvention provision shall be in-force during your term of membership and shall extend for three (3) years after the termination or expiration of your agreement to these membership rules and your membership agreement.
- Promotions. As a member of Smart Living Company, you agree to abide to all current and future Terms & Conditions for promotions featured on the Smart Living Company website, emails, social media, brochures, and other forms of communications. The Terms & Conditions for these promotions are subject to change at any time without notice at the sole discretion of Smart Living Company. Changes that may occur include, but are not limited to, the following: delisting for “out-of-stock” items, changing length of promotional time-period, substitution of product, modification of promotional terms, and other possible changes.
- Membership Performance. Every single testimonial on our website if verified and real, which means we have signed permission for members to use their particular story. However we can't guarantee your experience will be similar (maybe you'll set the next record). It depends on your effort, previous business experience and expectations. These active participants represented are among our most successful members in testimonials likely have spent a substantial amount of hours per week on their business and have likely spent money outside of Smart Living Company and used marketing methods including but not limited too internet market places, internet auctions, internet marketing, sub wholesaling, and strategies to effectively make their business work for them. Their testimonials should not be considered as guarantees or projections of your actual experience. You risk some time and any expenses you incur while running a home business (such as marketing, and rent). Remember, you have 90-days to get a no-hassle refund of your first month's membership fee, so give it a try and see how well you can do. These testimonials should not be guarantees or projections of your actual experience and you may not be as successful. Remember the ball is in your court and what you choose to do with your business is up to you.
- Miscellaneous. If one or more provisions of these Rules shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be construed as a waiver. Neither your membership, these Rules, nor any of your rights or obligations thereunder may be assigned, transferred or delegated to any third party without Smart Living Company's prior written consent.
- Amendments. The Rules may be revised or amended by Smart Living Company at any time in its sole discretion, by posting the revised Rules at www.smartlivingcompany.com/membership-rules and the amended Rules will become effective 30 days after posting. No representative or agent from Smart Living Company may modify or waive any of these Rules, except in writing signed by the President of Smart Living Company.
Questions? Call Us at 1-800-345-4762