Tate + Zoey™

Terms & Policies

1. The Agreement. These Terms & Policies govern the relationship between you, as an Independent Tate + Zoey Brand Affiliate, and Tate + Zoey (hereafter “Tate + Zoey” or the “Company”). These Terms & Policies, together with the Tate + Zoey Arbitration and Dispute Resolution Policy, the Tate + Zoey Compensation Plan, and the Tate + Zoey Business Entity Addendum (the Business Entity Addendum is only applicable to Brand Affiliates who enroll as a business entity) make up the Agreement between you and Tate + Zoey. Therefore, as used in this document, the term “Agreement” collectively refers to these Terms and Policies, the Tate + Zoey Arbitration and Dispute Resolution Policy, the Tate + Zoey Compensation Plan, and the Tate + Zoey Business Entity Addendum, in their current form and as may be amended in the future at the Company’s discretion. Independent Brand Affiliates shall be referred to herein as “Brand Affiliates.” Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.

2. Independent Contractor Status. Brand Affiliates are independent contractors and not employees, partners, legal representatives, or franchisees of Tate + Zoey. Brand Affiliates are solely responsible for paying all expenses they incur, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other business expenses.
   
   DISTRIBUTORS SHALL NOT BE TREATED AS A TATE + ZOEY EMPLOYEE FOR FEDERAL OR STATE TAX PURPOSES.
   • Tate + Zoey is not responsible for withholding and shall not withhold or deduct FICA, or taxes of any kind from Brand Affiliates’ compensation. Brand Affiliates are not entitled to workers compensation or unemployment security benefits of any kind from Tate + Zoey.
   • In all written, graphic, or digital material used for Tate + Zoey business purposes, Brand Affiliates must represent themselves as a “Tate + Zoey™ Independent Brand Affiliate.” In verbal conversations with prospective Brand Affiliates and customers, Brand Affiliates must introduce themselves as an “independent Tate + Zoey Brand Affiliate.” Brand Affiliates shall not lead anyone to believe that they are employees of Tate + Zoey.

3. Income Taxes. As an independent contractor, you are responsible for paying local, state and federal taxes on any income generated as a Tate + Zoey Brand Affiliate. Every year, Tate + Zoey will provide an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to each U.S. resident who: 1) Had earnings of over $600 in the previous calendar year; or 2) Made purchases during the previous calendar year in excess of $5,000. To facilitate this reporting, you must provide Tate + Zoey with your Social Security Number, Employer Identification Number, or Taxpayer Identification Number as appropriate.

4. Tax ID Verification / Substitute W-9. With respect to the Social Security Number, Employer Identification Number, or Taxpayer Identification Number that you provide to Tate + Zoey during the enrollment process, you certify as follows:

Under penalty of perjury I certify that:

• The number shown on this enrollment form is my correct taxpayer identification number (or I am waiting for a number to be issued to me);
• I am not subject to backup withholding because: (i) I am exempt from backup withholding, or (ii) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified me that I am no longer subject to backup withholding; and
• I am a U.S. citizen or other U.S. person (a U.S. resident alien, a partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, an estate (other than a foreign estate), or a domestic trust (as defined in 26 CFR 301.7701-7)).

5. Adherence to the Agreement. Brand Affiliates must comply with the Agreement. If you have not yet reviewed the Terms and Policies at the time you execute this Agreement, they are posted in your Brand Affiliate Back-Office. You must review the Terms and Policies within five days from the date on which you execute this Agreement. If you do not agree to the Terms and Policies, your sole recourse is to notify the Company and cancel the Agreement. Failure to cancel constitutes your acceptance of the Terms and Policies. You must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from Tate + Zoey.

6. Amendments to the Agreement. The Company reserves the right to amend the Agreement at its discretion. Amendments shall be effective 30 days after notice and publication of the amended provisions in each Brand Affiliate’s Back-Office, but amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. If you do not agree to any amendments, your sole recourse is to cancel the Agreement.

7. Brand Affiliates’ Rights. Brand Affiliates:
   • Have the right to sell, and solicit orders for, Tate + Zoey products in accordance with these Terms and Policies. It is within the exclusive right of Tate + Zoey to accept or reject orders submitted by Brand Affiliates.
   • Have the right to enroll others as Tate + Zoey Brand Affiliates.
   • If qualified, have the right to earn commissions pursuant to the Tate + Zoey Compensation Plan.

8. Assignment of Rights and Delegation of Duties. Brand Affiliates may not assign any rights under the Agreement without the prior written consent of Tate + Zoey. Any attempt to transfer or assign the Agreement without the express written consent of Tate + Zoey renders the Agreement voidable at the option of Tate + Zoey and may result in termination of the Agreement. If the assets of Tate + Zoey, or a controlling ownership interest in Tate + Zoey, is transferred to a third party, Tate + Zoey may assign its rights and delegate its duties and obligations under the Agreement to such third party as part of the sale or transfer.

9. Waiver. Any waiver by either Party of any breach of the Agreement must be in writing and signed by an authorized agent of the Party against which the waiver is asserted. Any waiver of a breach by a Party shall be a one-time waiver only and shall not operate or be construed as a waiver of any subsequent breach.

10. Waiver of Right of Publicity. Brand Affiliates grant Tate + Zoey an irrevocable license to reproduce and use their name, photograph, video, personal story, testimonial, and/or likeness in its advertising or promotional materials, including but not limited to use in online forums. Brand Affiliates waive all claims for remuneration for such use and all rights to inspect or approve all draft, beta, preliminary, and finished material.

11. Minimum Age. Persons under age 18 may not be Brand Affiliates and no Brand Affiliate shall knowingly recruit or sponsor, or attempt to recruit or sponsor, any person under age 18.
12. Severability.If any provision of the Agreement, in its current form or as amended, is held void or unenforceable, only the void or unenforceable portion(s) of the provision shall be severed from the Agreement and the remaining provisions shall remain in effect. The severed provision shall be reformed so that it is in compliance with the law and reflects the purpose of the original provision as closely as possible. The existence of any claim or cause of action of a Brand Affiliate against Tate + Zoey shall not constitute a defense to Tate + Zoey’s enforcement of any term or provision of the Agreement.

13. Term and Renewal of the Agreement. The term of the Agreement is one year from the date of enrollment. A Brand Affiliate may cancel the Agreement at any time and for any reason. In order to continue as a Brand Affiliate beyond the initial term of this Agreement (unless the Agreement has been previously terminated as provided at Policy 47), Brand Affiliates must renew the Agreement each year. An annual renewal fee may be imposed at that time (not required for North Dakota residents). Brand Affiliates will be reminded of their upcoming renewal through their Back-Offices. At that time, Brand Affiliates may elect to cancel the Agreement.

    Tate + Zoey reserves the right to terminate all Brand Affiliate Agreements upon 30 days’ notice if the Company elects to:

    1. cease business operations;
    2. dissolve as a business entity; or
    3. terminate distribution of its products and/or services via direct selling channels.

    A participant in this multilevel marketing program has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the company at its principal business address or via the Brand Affiliate’s Back-Office.

14. General Conduct. Brand Affiliates shall safeguard and promote the good reputation of Tate + Zoey and its products, and must avoid all illegal, deceptive, misleading, unethical or immoral conduct or practices. Brand Affiliates agree that they shall exhibit high moral character in their personal and professional conduct. Brand Affiliates shall not engage in any conduct that may damage the Company’s goodwill or reputation. While it is impossible to specify all misconduct that would be contrary to this provision, and the following list is not a limitation on the standards of conduct to which Brand Affiliates must adhere pursuant to this section, the following standards specifically apply to Brand Affiliates’ activities:

• Deceptive conduct is always Brand Affiliates must ensure that their statements are truthful, fair, accurate, and are not misleading.
• If the Agreement is cancelled for any reason, the Brand Affiliate must discontinue using the Tate + Zoey name, and all other Tate + Zoey intellectual property, and all derivatives of such intellectual property, in postings on all Social Media, websites, or other promotional material.
• Brand Affiliates may not represent or imply that any state or federal government official, agency, or body has approved or endorses Tate + Zoey, its program, or products.
• Brand Affiliates must not engage in any illegal, fraudulent, deceptive, or manipulative conduct in their business or their personal lives that, in the Company’s sole discretion, could damage the Company’s reputation or the culture that exists within the field sales force.

15. Social Media. In addition to meeting all other requirements specified in these Terms & Policies, should a Brand Affiliate utilize any form of social media in connection with her Tate + Zoey business, including but not limited to blogs, Facebook, Twitter, LinkedIn, YouTube, or Pinterest, the Brand Affiliate agrees to each of the following:

• Brand Affiliates are responsible for the content of all material that they produce and all of their postings on any social media site, as well as all postings on any social media account that they own, operate, or control. Content of this material must align to the Tate + Zoey Brand Standards posted in the Resource Library section of the Brand Affiliate Back Office.
• Brand Affiliates shall not make any social media postings, or link to or from any postings or other material that is sexually explicit, obscene, pornographic, offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, national origin, creed, religion, gender, gender identity, sexual orientation, physical or mental disability, or otherwise), is graphically violent, is solicitous of any unlawful behavior, that engages in personal attacks on any individual, group, or entity, or is in violation of any intellectual property rights of the Company or any third party.
• No product sales or enrollments may occur on or through any social media site. To process sales or enrollments, a social media posting must link only to the Brand Affiliate’s Tate + Zoey replicated website, Tate + Zoey’s corporate website or an official Tate + Zoey corporate social media page.
• It is each Brand Affiliate’s responsibility to follow the social media site’s terms of use.
• Any social media account that is directly or indirectly operated or controlled by a Brand Affiliate that is used to discuss or promote Tate + Zoey’s products or the Tate + Zoey opportunity may not link to any website or social media page or account that promotes the products, services, or business program of any direct selling company other than Tate + Zoey.
• During the term of this Agreement and for a period of 12 calendar months thereafter, a Brand Affiliate may not use any social media account on which they discuss or promote, or have discussed or promoted, the Tate + Zoey business or Tate + Zoey’s products to directly or indirectly solicit anyone for another direct selling or network marketing program (collectively, “direct selling”).
• During the term of the Agreement and for 12 calendar months after the cancellation of a Brand Affiliate’s business for any reason, a Brand Affiliate shall not take any action on any social media account or page on which they discuss or present, or have discussed or presented, Tate + Zoey’s products or the Tate + Zoey business that may reasonably be foreseen to draw an inquiry from Tate + Zoey’s Brand Affiliates relating to the Brand Affiliate’s other direct selling business activities or products. Violation of this provision shall constitute a violation of the non-solicitation provision in Policy 29.
• If a Brand Affiliate creates a business page on any social media site that promotes or relates to Tate + Zoey, its products, or opportunity, the page may not promote or advertise the products or opportunity of any network marketing business other than Tate + Zoey and its products. If the Agreement is cancelled for any reason or if the Brand Affiliate becomes inactive, the Brand Affiliate must deactivate the business page.
• Brand Affiliates shall respect the privacy of other social media users. Brand Affiliates shall not engage in abusive social media practices including but not limited to harvesting or trolling for connections, shaming or bullying others.

16. Brand Affiliate Web Sites and Mobile Apps. Brand Affiliates may create their own blogs or websites (“websites”) to promote their Tate + Zoey business and Tate + Zoey’s products and services. Such websites may only be used to offer information about Tate + Zoey products and the Tate + Zoey opportunity. No product sales or Brand Affiliate enrollments may be processed at such websites. Tate + Zoey products may only be sold or promoted, and new Tate + Zoey Brand Affiliates may be enrolled only, at: (i) the official Tate + Zoey website, (ii) Tate + Zoey-supplied replicated websites, and (iii) official Tate + Zoey mobile apps (if applicable). Prohibited online forums for the sale of Tate + Zoey products and the enrollment of Tate + Zoey Brand Affiliates include, but are not limited to, Brand Affiliates’ personal websites, online retailers (e.g., Amazon) online auctions (e.g., eBay), and classified listings (e.g., Craigslist). If a Brand Affiliate wishes to create her own website to promote the Tate + Zoey products and/or the Tate + Zoey opportunity, the Brand Affiliate must comply with the following:

• The Brand Affiliate may create only one (1) such website.
• The website may not take and/or process product or service orders, sales or enrollments.
• The website must be directed to the Brand Affiliate’s Tate + Zoey replicated website to process sales and/or enrollments.
• The website must clearly and conspicuously identify the Brand Affiliate who is operating the external website and must clearly and conspicuously disclose that he/she is a Tate + Zoey Brand Affiliate, and that the website is not Tate + Zoey’s corporate website. Websites that do not identify the Brand Affiliate who is the promoter of the site and/or that he/she is promoting Tate + Zoey’s products or the Tate + Zoey opportunity (so called “blind” websites), are not permitted.
• Upon cancellation of a Brand Affiliate’s Tate + Zoey Agreement for any reason, the former Brand Affiliate must immediately remove the website from the internet.
• Prior to going live with an external website, the Brand Affiliate must submit a beta site to the Company for review and receive the Company’s written authorization to use the website. Following approval, any amendments to the website must also be submitted to the Company and receive written approval before going live.

Tate + Zoey reserves the right to rescind approval for any approved external website, and Brand Affiliates waive all claims against Tate + Zoey, its officers, directors, owners, employees, and agents for damages, expenses, costs, or remuneration of any other nature arising from or relating to such rescission.

17. Sales Tools.No Brand Affiliate-Produced Sales Tools Permitted. Brand Affiliates must use only Tate + Zoey approved sales aids, advertising, promotional materials, and marketing methods (collectively “Sales Tools”) when promoting the Tate + Zoey business or Tate + Zoey’s products or services. These materials are available in the Resource Library of Brand Affiliate’s Brand Affiliate Back-Office.

18. Trademarks and Copyrights. The name “Tate + Zoey” and other names and logos as may be adopted by the Company are proprietary trade names, trademarks and service marks of Tate + Zoey. The Company grants Brand Affiliates a limited license to use its trademarks and trade names in promotional media for so long as the Brand Affiliate’s Agreement is in effect. Upon cancellation of a Brand Affiliate’s Agreement for any reason, the license shall expire, and the Brand Affiliate shall immediately discontinue all use of the Company’s trademarks and trade names. Under no circumstances may a Brand Affiliate use any of Tate + Zoey’s trademarks or trade names in any email address, website domain name, social media handle, or social media name or address.

Tate + Zoey commonly puts on live and recorded events as well as webinars and telephone conference calls. During these events Company executives, Brand Affiliates, and guests appear and speak. The content of such events is copyrighted material that is owned exclusively by the Company. Brand Affiliates may not record company functions for any reason, whether such event is live, a webinar, via conference call, or delivered through any other medium.

In addition, Company produced Sales Tools, videos, audios, podcasts, and printed material is also copyrighted. Brand Affiliates shall not copy any such materials for their personal or business use without the Company’s prior written approval.

19. Sales Outlets. To support the Company’s direct selling distribution channel and to protect the independent contractor relationship, Brand Affiliates agree that they will not sell Tate + Zoey products in any service-related establishment (e.g., hair salon, nail salon) or any retail, wholesale, warehouse, or discount establishment, or any online retail, auction, or buy-sell site (including but not limited to Amazon and eBay) without prior written approval from Tate + Zoey.

20. Trade Shows and Professional Expositions. Notwithstanding the restrictions set forth in Policy 19 above, Brand Affiliates may display and sell Tate + Zoey products at professional trade shows as long as the following requirements are adhered to.

• When registering to participate in such an event, a Brand Affiliate must clearly identify herself or himself as an “Independent Tate + Zoey Brand Affiliate” on all trade show contracts and registration forms.
• Only one Brand Affiliate is permitted per trade show event. The first Brand Affiliate to register for a trade show event with the trade show sponsor or promoter shall be the only Brand Affiliate permitted to participate in and display at the trade show event. Prior to registering for a trade show event, it is recommended that Brand Affiliates check with the sponsor or promoter to determine if there already is another Brand Affiliate participating. Brand Affiliates may if they wish team-up to jointly share and register a booth.
• The trade show booth must be staffed at all times for the duration of the trade show.
• Brand Affiliates may not share their booths with other businesses.
• Participation in any specific event may not exceed two (2) weeks. An exception to the foregoing is permitted for State Fairs.
• Brand Affiliates participating in a trade show must comply with all state and local requirements regarding the collection and remittance of sales taxes for sales of products made at the trade show.

21. Pop-Up Shops. Notwithstanding the foregoing, Brand Affiliates may display and sell Tate + Zoey products in temporary pop-up shops in accordance with the following limitations:

• A Brand Affiliate may conduct no more than one sales event a month (no more than 12 per year).
• A Brand Affiliate may conduct a sales event at the same retail location once every three (3) months (no more than four (4) times per year at the same retail location).
• Each sales event may last no longer than 3 days.

22. Charity Events. Brand Affiliates may participate in local charity events at their discretion. Only one Brand Affiliate should participate in such an event, although multiple Brand Affiliates may choose to team-up with each other to join forces in such an event. When registering to participate in such an event, the Brand Affiliate must clearly identify herself or himself on all registration forms as an “Independent Tate + Zoey Brand Affiliate.”

If the Company elects to participate in a charitable event, it may contact Brand Affiliates who live in or close to the city in which the event will be held and how are at the rank of Gold Leader or higher and ask them if they would also like to participate. Those who choose to participate will be encouraged to donate their retail sales profits at the event to the charitable organization sponsoring the event.

23. Change of Sponsor. As a rule, Brand Affiliates may not change their Sponsors (the Brand Affiliates under whom they are enrolled). The only means by which a Brand Affiliate may legitimately change his/her Sponsor are by:  

• Voluntarily canceling the Agreement in writing and remaining inactive for six (6) full calendar months. Following the six-calendar month period of inactivity, the former Brand Affiliate may reapply under a new Sponsor. The Brand Affiliate will lose all rights to his/her former downline organization upon his/her cancellation; or

• Submitting a written request for a change of Sponsor to the Company at success@tateandzoey.com. The Brand Affiliate requesting the transfer must also submit written and signed transfer authorization forms from his/her immediate three (3) upline Brand Affiliates.

24. Waiver of Claims. In cases wherein a Brand Affiliate improperly changes his/her Sponsor, Tate + Zoey reserves the sole and exclusive right to determine the final disposition of the downline organization that was developed by the Brand Affiliate in his/her second line of sponsorship.

    DISTRIBUTORS WAIVE ANY AND ALL CLAIMS AGAINST Tate + Zoey, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO OR ARISE FROM Tate + Zoey’s DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT DEVELOPS BELOW A DISTRIBUTOR WHO HAS IMPROPERLY CHANGED HIS/HER SPONSOR. 

25. Demotion and Requalification (Gold Leader Brand Affiliates and Higher). When a Brand Affiliate achieves a Career Title of Gold Leader or higher, the Brand Affiliate must be paid-at that rank at least once every 12 months thereafter to retain that Career Title. If such a Brand Affiliate does not meet this requirement in the 12 months following his/her promotion, the Brand Affiliate will be demoted to the highest paid-as rank that he/she achieved during that 12-month period. For example, if a Brand Affiliate achieves the Gold Leader Career Title in June, the Brand Affiliate will retain that Career Title until the following June. If prior to the following June the Brand Affiliate qualifies again as a Gold Leader (in September, for example), such Brand Affiliate will retain the Gold Leader Career Title until the following September.

26. Income Claims. When presenting or discussing the Tate + Zoey opportunity or Compensation Plan to a prospective Brand Affiliate, Brand Affiliates may not make income projections, income claims, income testimonials, or disclose their Tate + Zoey income (including, but not limited to, the showing of checks, copies of checks, bank statements, or tax records), or the income of any other Tate + Zoey Brand Affiliate. Nor may Brand Affiliates make “lifestyle” income claims. A “lifestyle” income claim is a statement or depiction that infers or states that the Brand Affiliate is able to enjoy a luxurious or successful lifestyle due to the income they earn from their Tate + Zoey business. Examples of prohibited lifestyle claims include, but are not limited to, the following types of representations:

• That a Brand Affiliate (or his/her spouse) was able to quit his/her job.
• That a Brand Affiliate was able to replace his/her income from a job.
• That a Brand Affiliate was able to pay for a child’s private school or college education due to her Tate + Zoey earnings.
• That a Brand Affiliate was able to acquire expensive or luxury material possessions (e.g., homes, cars, jewelry, boats, recreational vehicles, etc.).
• That as a result of his/her Tate + Zoey earnings a Brand Affiliate was able to travel to exotic or expensive destinations.

The foregoing income claims restrictions apply to in-person presentations as well as promotional materials distributed by a Brand Affiliate including social media postings.

27. Compensation Plan and Program Claims. When presenting or discussing the Tate + Zoey compensation plan, you must make it clear to prospects that financial success in Tate + Zoey requires commitment, effort, and sales skill. Conversely, you must never represent that one can be successful without diligently applying themselves. Examples of misrepresentations in this area include, but are not limited to:

• It’s a turnkey system.
• The system will do the work for you.
• Just get in and your downline will build through spillover.
• Just join and I’ll build your downline for you.
• The Company does all the work for you.
• You don’t have to sell anything.
• All you have to do is buy your products every month.

The above are just examples of improper representations about the compensation plan and the Company’s program. It is important that you do not make these, or any other representations, that could lead a prospect to believe that they can be successful as a Brand Affiliate without commitment, effort, and sales skill.

28. Media Inquiries. Brand Affiliates must not interact with the media regarding the Tate + Zoey business or products. All inquiries from the media, including radio, television, print, online, or any other medium, shall be directed to the Tate + Zoey marketing department at PR@tateandzoey.com.

29. Non-solicitation. Tate + Zoey Brand Affiliates are free to participate in other network marketing programs until opting into the title of Bronze Director. However, during the term of this Agreement and for one year thereafter, a Brand Affiliate may not directly or indirectly recruit other Tate + Zoey Brand Affiliates (except for the Brand Affiliate’s personally sponsored downline Brand Affiliates) for any other network marketing business. The term “Recruit” means the direct or indirect, actual or attempted, sponsorship, solicitation, enrollment, encouragement, or effort to influence in any other way, another Tate + Zoey Brand Affiliate to enroll or participate in another network marketing opportunity. This conduct constitutes Recruiting even if the Brand Affiliate’s actions are in response to an inquiry made by another Brand Affiliate or customer.

If a Brand Affiliate is engaged in another network marketing program, it is the responsibility of the Brand Affiliate to ensure that his or her Tate + Zoey business is operated entirely separate and apart from all other businesses and/or Network Marketing programs. To this end, the Brand Affiliate must not:

• Display Tate + Zoey promotional material, sales aids, or products with or in the same location as, any non-Tate + Zoey promotional material or sales aids, products or services (Pinterest and similar social media sites are exempt from this provision).
• Offer the Tate + Zoey opportunity, products or services to prospective or existing customers or Brand Affiliates in conjunction with any non-Tate + Zoey program, opportunity or products.
• Offer, discuss, or display any non-Tate + Zoey opportunity, products, services or opportunity at any Tate + Zoey-related trunk-show, meeting, seminar, convention, webinar, teleconference, or other function.

30. Confidential Information. “Confidential Information” includes, but is not limited to, the identities, contact information, and/or sales information relating to Tate + Zoey Brand Affiliates and/or customers: (a) that is contained in or derived from any Brand Affiliates’ respective Brand Affiliate Back-Office; (b) that is derived from any reports issued by Tate + Zoey to Brand Affiliates to assist them in operating and managing their Tate + Zoey business; and/or (c) to which a Brand Affiliate would not have access or would not have acquired but for his/her affiliation with Tate + Zoey. Confidential Information constitutes proprietary business trade secrets belonging exclusively to Tate + Zoey and is provided to Brand Affiliates in strict confidence. Confidential Information shall not be directly or indirectly disclosed to any third party nor used for any purpose other than Brand Affiliate’s use in building and managing his/her Independent Tate + Zoey business.

31. Handling Personal Information. If you receive Personal Information from or about prospective Brand Affiliates or customers, it is your responsibility to maintain its security. You should shred or irreversibly delete the Personal Information of others once you no longer need it. Personal Information is information that identifies, or permits you to contact, an individual. It includes a customer’s, potential customers, Brand Affiliates and prospective Brand Affiliates’ name, address, email address, phone number, credit card information, social security or tax identification number and other information associated with these details.

32. Product Inventory & Bonus Buying. Brand Affiliates may not carry an inventory of Tate + Zoey products for resale with the exception of inventory needed for trade shows, expos, women’s shows, conferences, bazaars, fairs, marketplaces or other special events where a booth could be secured. All products are direct shipped from the Company to the customer. In addition, bonus buying is strictly prohibited. Bonus buying is the purchase of merchandise for any reason other than bona fide resale or use, or any mechanism or artifice to qualify for rank advancement or maintenance, incentives, prizes, commissions or bonuses that are not driven by bona fide product purchases by end user consumers for actual use.

Orders over $1,000 will require approval from Compliance to ensure purchases are for and consumer and for actual use.

33. Limitations on Brand Affiliate and Household Businesses. An individual may own, operate, control, or have an interest in, only one Tate + Zoey business, and there may be no more than two Tate + Zoey businesses per household. If there are two Tate + Zoey businesses in a household, both businesses must have the same Sponsor, or one of the businesses in the household must be the immediate Sponsor of the other. A “household” is defined as all individuals including dependent children who are living at the same residential address as a family or in a family-like setting. A household may consist of a single individual or two or more individuals and may consist of individuals living together in a family-like unit who are not related (whether by blood, marriage, domestic partnership, adoption or otherwise. Dependent children attending school away from home are considered part of the household.

34. Actions of Third Parties. If a third party acting on behalf of, or with the active or passive assistance or knowledge of a Brand Affiliate engages in conduct that would be a violation of the Agreement, the conduct of the third-party may be imputed to the Brand Affiliate. “Knowledge” of misconduct is not limited to actual knowledge. If a Brand Affiliate engages in acts or omissions that the Brand Affiliate knows or SHOULD KNOW will enable a third party to violate this Agreement if such action was taken by the Brand Affiliate, the Brand Affiliate shall be deemed to have knowledge of the violation.

35. Tampering with Product Packaging. Tate + Zoey products must be sold in their original packaging. Brand Affiliates shall not alter the original packaging or labeling.

36. Negative Comments. Complaints and concerns about Tate + Zoey should be directed to the Customer Service Department. Brand Affiliates must not disparage, demean, or make negative remarks to third parties or other Brand Affiliates about Tate + Zoey, its owners, officers, directors, management, employees, other Tate + Zoey Brand Affiliates, or the Compensation Plan. Brand Affiliates further agree that they shall not post on social media or otherwise publish in any medium any disparaging, demeaning, or negative remarks about Tate + Zoey, its owners, officers, directors, management, employees, other Tate + Zoey Brand Affiliates, or the Compensation Plan. Disputes or disagreements between any Brand Affiliate and Tate + Zoey shall be resolved through the dispute resolution process as set forth in the Dispute Resolution Policy, and the Company and Brand Affiliates agree specifically not to demean, discredit, or criticize one another on the Internet or any other public forum.

37. Sales Receipts. Brand Affiliates must provide their retail customers that purchase merchandise directly from the Brand Affiliate with two copies of an official Tate + Zoey sales receipt at the time of the sale and advise them of the three day right to rescind the transaction, which is set forth on the receipt. Brand Affiliates must maintain all retail sales receipts for a period of two years and furnish them to Tate + Zoey at the Company’s request. Sales receipts can be downloaded in PDF format from TateandZoey.com/forms. Retail customers who purchase from a Brand Affiliate’s replicated website need not be provided with a sales receipt as the receipt will automatically be sent by the Company via email at the time the order is placed.

38. Adjustment to Bonuses and Commissions. Compensation stemming from product sales is fully earned when the applicable return, repurchase, and chargeback periods applicable to product sales have all expired. If a product is returned to Tate + Zoey for a refund or is repurchased by the Company, or a chargeback occurs, the compensation attributable to the returned or repurchased product(s) will be recovered by the Company from the Brand Affiliates who were paid commissions or bonuses based on the original sales of such products. Such unearned compensation will be deducted, in the month in which the refund is issued or the chargeback occurs and continuing every pay period thereafter until the commissions are fully recovered from the selling Brand Affiliate and upline Brand Affiliates who received bonuses and commissions on the sales of the refunded products. Likewise, if it is the responsibility of a Brand Affiliate to issue a refund to a customer, but Tate + Zoey issues the refund, the Company may deduct the amount refunded to the customer from the Brand Affiliate’s subsequent bonus and commission payments.

Tate + Zoey reserves the right to withhold or reduce any Brand Affiliate’s compensation as it deems necessary to comply with any garnishment or court order directing Tate + Zoey to retain, hold, or redirect such compensation to a third party.

39. Return of Merchandise and Sales Aids by Brand Affiliates Upon Cancellation or Termination. Within 30 days from the cancellation or termination of a Brand Affiliate’s Agreement, the Brand Affiliate may return products, Sales Tools, and the Business Starter Kit that he or she personally purchased from Tate + Zoey during the 12-month period preceding the date of cancellation or termination for a refund so long as the goods are in currently marketable condition. (The one-year limitation shall not apply to residents of Georgia, Louisiana, Maryland, Massachusetts and Wyoming and Puerto Rico). Upon the Company’s timely receipt of returned goods and confirmation that they are in currently marketable condition, the Brand Affiliate will be reimbursed 90% of the net cost of the original purchase price(s). Shipping and handling charges will not be refunded. If the purchases were made through a credit card, the refund will be credited back to the same account. Goods are in “currently marketable condition" if they are unopened and unused and packaging and labeling has not been altered or damaged. Merchandise that is clearly identified at the time of sale as nonreturnable, closeout, discontinued, or as a seasonal item, or which has passed it commercially reasonable usable or shelf-life, is not in currently marketable condition. Back-Office and Replicated website fees are not refundable except as may be required under applicable state law.

40. Montana Residents: A Montana resident may cancel his or her Brand Affiliate Agreement within 15 days from the date on which this application is submitted and may return his or her sales kit within such time and is entitled to a full refund for the sales kit and for any other consideration he/she paid within such time period to participate in the program.

41. Louisiana, Massachusetts and Wyoming Residents: If you cancel your Brand Affiliate Agreement, upon receipt of your written request, Tate + Zoey will refund 90% of the costs you have incurred to participate in the program during the current year.

42. Maryland Residents: A participant may cancel the contract for any reason within 3 months after the date of receipt of goods or services first ordered; upon cancellation, the Company shall repurchase the goods; and the repurchase price shall be at least 90% of the original price paid by the participant.

43. Puerto Rico Residents: You may cancel this Agreement at any time within 90 days from the date of enrollment, or at any time upon showing the Company’s noncompliance with any of the essential obligations of the distribution contract or any act or omission by the Company adversely affecting the interests of the dealer in the development of the market of the properties or services. Your cancellation must be sent to the Company in writing and sent via registered mail. If you cancel under these conditions, the Company shall: (a) Reacquire the total of the products that you purchased from the Company which are in your possession and in good condition at a price of not less than ninety percent (90%) of their original net cost; (b) Return to you not less than ninety percent (90%) of the original net cost of any services that you acquired from the Company; (c) Return 90% of any sum paid by you for the purpose of participating in the business.

44. Product Return Policy. If for any reason a Tate + Zoey product that you purchase for your own personal use does not meet your expectations, you may contact us at connect@tateandzoey.com within 60 days of the date of purchase to request a refund or exchange, subject to the following rules.

• Replacement Due to Manufacturer’s Defect or Missing Item. If you request a replacement item due to a manufacturer’s defect or a missing item, the replacement item will be shipped to you at no cost to you as long as the item is shipped to the same address as the original item. Additional charges may apply if you request that the exchange or replacement item is shipped to a different address.
• Exchange Not Due to Manufacturer’s Defect or Missing Item. If you wish to exchange an item for another item and the original item is not defective, you will be responsible for the payment of any shipping costs to return the original item to us. In addition, you will be charged the shipping costs to send the exchange item to you. Such shipping cost will be based on the flat rate shipping fee for your area, calculated based on the difference between the price of the original product and product for which it is exchanged. If the exchange item is the same price or less than the returned item, there will be no shipping charges. Taxes on the flat rate shipping charge may also apply. No exchange will be made for products that are not in good and resalable condition, not in their original packaging, or that were otherwise designated by us at the time of sale as nonreturnable, discontinued, or seasonal (including Gift Fixes).
• Refund Not Due to Manufacturer’s Defect or Missing Item. If you wish to receive a refund for a product under this Policy 44, we may require you to return the item to us. In that event, you will be responsible for the payment of any shipping costs to return the original item to us. If the returned item is in good and resalable condition, received by us in its original packaging, and was not otherwise designated by us at the time of sale as nonreturnable, discontinued, or seasonal (including Gift Fixes), we will issue a refund to you of the full amount that you paid for the item together with sales taxes as shown on your original receipt. Shipping costs will not be refunded and nor shall any sales taxes charged on those shipping costs.
• Sales Receipt Required. If you do not have your original sales receipt, we reserve the right to refuse to honor your product replacement, exchange, or refund request.
• Product Credit. We reserve the right to issue product credit to you in lieu of your replacement, exchange, or refund request at our discretion if the conditions set forth in this Product Return Policy are not met by you. If you return an item that was purchased using product credit, upon approval, the credit will be reissued. The original product credit expiration date will be extended by 15 days.
• Gift Cards. Gift cards cannot be exchanged for cash. Tate + Zoey is not responsible for lost or stolen gift cards. If you return an item that you purchased with a Tate + Zoey gift card, the applicable refund amount will be placed back on the gift card (less any applicable delivery charges and taxes).
• Questions. If you have any questions about product returns, discrepancies, back-ordered items or anything else concerning these Product Return Policies, please contact the Tate + Zoey connection desk at 866-746-7844 or connect@tateandzoey.com.

45. Other Purchase Cancellation Rights. Customers and newly enrolled Associates have three business days within which to cancel their initial purchase and obtain a full refund. Residents of Alaska have five business days and residents of North Dakota age 65 and over have 15 days to cancel and receive a full refund. An explanation of these rights is contained on the sales receipt.

46. Limited Warranty. Tate + Zoey warrants to buyer that its products will be free from manufacturing defects for a period of 60 days from the date of shipment of your product order. This warranty does not include damage to the product resulting from accident, misuse, abuse, failure to follow manufacturer’s instructions or normal wear and tear. If the product should be found defective within 60 days from the date of shipment of your product order, we will elect to repair or replace it at our option, with no cost to buyer and in accordance with our Return Policy above. WE EXPRESSLY DISCLAIM ANY OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

47. Cancellation or Termination of the Agreement; Disciplinary Sanctions.

• Voluntary Cancellation. A participant in this network-marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address or by cancelling his/her business through the Brand Affiliate Back-Office. The written notice must include the Brand Affiliate’s signature, printed name, address, and Brand Affiliate I.D. Number. To the extent such a former Brand Affiliate continues to purchase products from Tate + Zoey, he/she shall be reclassified as a retail customer. A Brand Affiliate may also voluntarily cancel the Agreement by failing to pay the monthly Brand Affiliate Replicated Website fee or by withdrawing consent to contract electronically.

• Cancellation for Inactivity. If a Brand Affiliate fails to generate at least 900 PS in product sales in a rolling 12-month period, his/her Brand Affiliate Agreement will be cancelled for inactivity. To the extent such a former Brand Affiliate continues to purchase products from Tate + Zoey, he/she shall be reclassified as a retail customer.

• Suspension or Cancellation for Non-Payment. A Brand Affiliate’s failure to pay any required annual renewal fee or monthly Replicated Website or Back-Office fees when due may result, at the company’s discretion, in the suspension or termination of the Agreement. In the event any such fees remain unpaid for 60 days, the Agreement shall be automatically terminated. To the extent such a former Brand Affiliate continues to purchase products from Tate + Zoey, he/she shall be reclassified as a retail customer.

• Involuntary Cancellation/Termination; Disciplinary Sanctions. Violation of any term of the Agreement, any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by a Brand Affiliate that the Company reasonably believes may damage its reputation or goodwill, may result in the suspension or termination of this Agreement, and/or any other disciplinary measure that Tate + Zoey deems appropriate to address the misconduct. In situations deemed appropriate by Tate + Zoey, the Company may institute legal proceedings for monetary and/or equitable relief, subject to the Dispute Resolution Policy at Policy 57.

• Effect of Cancellation. A Brand Affiliate whose business is cancelled for any reason will lose all Brand Affiliate rights, benefits and privileges. This includes the right to represent yourself as an Independent Tate + Zoey Brand Affiliate, to sell Tate + Zoey products and services and the right to receive commissions, bonuses, or other income resulting from his/her own sales and the sales and other activities of the Brand Affiliate and the Brand Affiliate’s former downline sales organization. There is no whole or partial refund for tangible sales kits that are not currently marketable, Brand Affiliate Back-Office, replicated website or renewal fees if a Brand Affiliate’s business is cancelled.

• Reinstatement. Following the cancellation or termination of a Brand Affiliate’s Brand Affiliate Agreement, the former Brand Affiliate may request reinstatement. If the cancellation or termination was due to a policy violation by the former Brand Affiliate, the Company reserves the right at its sole discretion to refuse to reinstate the former Brand Affiliate. If the reinstatement is approved by Tate + Zoey, the reinstated Brand Affiliate will be enrolled under his/her original Sponsor unless the period of time between the cancellation or termination and the reinstatement is six or more months in which case the reinstated Brand Affiliate may be enrolled under another Sponsor (see Policy 23 above). The downline of the reinstated Brand Affiliate will not be restored under him/her and nor shall the reinstated Brand Affiliate be restored to his/her former Career Title. The reinstated Brand Affiliate will be required to complete a new Brand Affiliate Agreement and purchase a new Business Kit.

48. Compression . When a vacancy occurs in a Downline due to the termination of a Brand Affiliate’s Brand Affiliate Agreement, the Downline of the terminated Brand Affiliate will be “compressed” as provided herein.

• Compression (General). When a vacancy occurs in a Downline due to the termination of a Brand Affiliate at the rank of Gold Leader or lower, each Brand Affiliate in the first level immediately below the terminated Brand Affiliate on the date of the cancellation will be moved to the first level (“front line”) of the terminated Brand Affiliate’s Sponsor. For example, if A sponsors B, and B sponsors C1, C2, and C3, if B terminates her business, C1, C2, and C3 will compress up to A and become part of A’s first level.

• Compression (Bronze Director Rank or Above). If the terminated Brand Affiliate was at the rank of Bronze Director or higher at any time during the four calendar months immediately preceding the date of the termination (whether voluntarily or involuntarily), the former Brand Affiliate’s Downline will only be compressed (as described above) under the following conditions:

1. If the former Brand Affiliate’s Sponsor had been a paid-as Bronze Director or higher at least once in the four full calendar months preceding the termination date, then the Downline will immediately be compressed as described above.
2. If the Sponsor had not been paid-as a Bronze Leader or higher at least once in the four full calendar months preceding the termination date, then the Sponsor will be given the following six calendar months to achieve the paid-as status of Bronze Leader or higher at least twice in the said six-month period. If the Sponsor promotes to Bronze Leader or higher in the last month of the six-month period, then the Sponsor will be given the following period to again qualify as a Bronze Leader or higher (to meet the 2 months with a Pay Title of Core Director or higher).
• If the Sponsor qualifies under these conditions, then the Downline of the canceled Brand Affiliate will be compressed upon the completion of the qualifications.
• If the Sponsor does not qualify under these conditions, then the position of the canceled Brand Affiliate will remain permanently vacant.

49. Indemnification . Brand Affiliates agree to indemnify Tate + Zoey for any and all costs, expenses, consumer reimbursements, fines, sanctions, damages, settlements or payments of any other nature that Tate + Zoey incurs resulting from or relating to any act or omission by Brand Affiliate that is illegal, fraudulent, deceptive, negligent, unethical, or in violation of the Agreement. Tate + Zoey may elect to exercise its indemnification rights through withholding any compensation due the Brand Affiliate. This right of setoff shall not constitute Tate + Zoey’s exclusive means of recovering or collecting funds due Tate + Zoey pursuant to its right to indemnification.  

50. Business Transfers. Brand Affiliates in good standing who wish to sell or transfer their business must receive Tate + Zoey’s prior written approval before the business may be transferred. Requests to transfer a business must be submitted in writing to the Compliance Department. It is within Tate + Zoey’s discretion whether to allow a business sale or transfer, but such authorization shall not be unreasonably withheld. However, no business that is on disciplinary probation, suspension, or under disciplinary investigation may be transferred unless and until the disciplinary matter is resolved. Prior to transferring a business to a third party, the Brand Affiliate must offer Tate + Zoey the right of first refusal to purchase the business on the same terms as negotiated with a third party. The Company shall have ten days to exercise its right of first refusal.

51. Transfer Upon a Brand Affiliate’s Death. Upon the death of a Brand Affiliate, the Brand Affiliate’s Tate + Zoey business and may be passed to his/her heirs. Prior to such transfer, the beneficiary of the business must provide Tate + Zoey with certified letters testamentary or letters of administration and written instructions of the executor of the estate, or an order of the court, that provides direction on the proper disposition of the business. The beneficiary must also execute and submit to the Company a Tate + Zoey Brand Affiliate Agreement within 30 days from the date on which the business is transferred by the estate to the beneficiary or the business will be cancelled. Because Tate + Zoey cannot divide commissions among multiple beneficiaries or transferees, the beneficiaries or transferees must form a business entity (corporation, LLC, partnership, etc.) and submit a Tate + Zoey Brand Affiliate Agreement in the name of the business entity. Upon the completion of these requirements, Tate + Zoey will transfer the business and issue commissions to the individual beneficiary or business entity.

52. Divorce of a Brand Affiliate. Tate + Zoey is not able to divide commissions among multiple parties, nor is it able to divide a downline organization. Consequently, in divorce cases, any settlement or divorce decree must award the business in its entirety to one party. Tate + Zoey will recognize as the owner of the business the former spouse to whom the business is awarded pursuant to a legally binding settlement agreement or decree of the court. The former spouse who receives the Tate + Zoey business must also execute and submit a Tate + Zoey Brand Affiliate Agreement within 30 days from the date on which the divorce becomes final or the business will be cancelled.

53. Dissolution of a Business Entity. Tate + Zoey is not able to divide commissions among multiple parties, nor is it able to divide a downline organization. Consequently, if a business entity that operates a Tate + Zoey business dissolves, the owners of the business entity must instruct the Company on the identity of the proper party who is to receive the business. The Tate + Zoey business must be awarded to a single individual or entity that was previously recognized by the Company as an owner of the business entity; the Company cannot divide the business among multiple parties or issue separate commission payments. The recipient of the Tate + Zoey business must also execute and submit a Tate + Zoey Brand Affiliate Agreement to the Company within 30 days from the date of the dissolution of the business entity or the Agreement will be cancelled. If the business entity wishes to sell or transfer its Tate + Zoey business to an individual or entity who was not previously recognized by the Company as an owner of the business entity, it must do so pursuant to policy 50.

54. Inducing Brand Affiliates to Violate the Agreement. Brand Affiliates shall not directly or indirectly induce, encourage, or assist another Brand Affiliate to violate the Agreement.

55. Reporting Errors. If a Brand Affiliate believes that Tate + Zoey has made an error in his/her compensation, the structure or organization of his/her genealogy, or any other error that impacts the Brand Affiliate’s income, he/she must report it to the Company in writing within 60 days from the date on which the mistake occurred. While Tate + Zoey shall use its best efforts to correct errors reported more than 60 days after the date of the error, Tate + Zoey shall not be responsible to make changes or remunerate Brand Affiliates for losses for mistakes that are reported more than 60 days after the mistake occurs.

56. International Activities. Brand Affiliates may not sell Tate + Zoey products or conduct business activities of any nature in any foreign country that the Company has not announced is officially open for business.

57. Dispute Resolution. If a dispute between a Brand Affiliate and Tate + Zoey arises from or relates to the Agreement, the Tate + Zoey business, or the rights and obligations of either party, the parties shall resolve the dispute as set forth in the Tate + Zoey Arbitration and Dispute Resolution Policies, which are incorporated into and made a part of these Terms and Policies by this reference.
58. Tate + Zoey Commission Account: Tate + Zoey uses an independent third-party payment processor (“Payment Processor”) called Payquicker to pay Commissions and Rewards earned by Brand Affiliates through the compensation plan. Payquicker will set up a Commission Account and will deposit monies owed to Brand Affiliates into the Commission Account. Once you’ve completed registration of your Commission Account, you will be issued a TATE + ZOEY Prepaid Visa® card where monies can be deposited. All details will provided to you via email upon registering to be a Brand Affiliate. Brand Affiliates are responsible for reviewing the Payment Processor’s privacy policy which will be sent to you from no-reply@mypayquicker.com. With few exceptions, all commission and awards that Brand Affiliates may earn will be paid through the Commission Account. This payment processing service may be terminated or modified by either Tate + Zoey or Payquicker at any time upon notice as specified in these Terms and Policies. Brand Affiliates may manage their Commission Account through web portal or may direct inquiries to Tate + Zoey Payquicker support via phone at 1 (866) 400 2712or via email at support@payquicker.com.
    Commission Period: A Commission Period is equivalent to a calendar month. Orders received on the last day of the month via the Tate + Zoey website by 11:59 p.m. Pacific Time will be included for that commission period. All orders received after the cut-off date will be included in the commission calculation for the following month. Commission payments will be issued to Brand Affiliates no later than the 20th day of the following month for the prior month’s commissions.

Privacy Policy

Tate + Zoey (referred to herein as “Tate + Zoey”, “our”, “us” or “we”) is committed to respecting the privacy rights of those visiting our websites, including our Brand Affiliates’ Replicated Websites and our mobile applications (hereafter collectively referred to as the “Website” or “Websites”). We created this Privacy Policy to give you confidence as you visit and use the Websites, and to demonstrate our commitment to fair information practices and to the protection of privacy.

This Privacy Policy is only applicable to our Websites and not to any Third-Party websites that may link to or from this Website, which may have data collection, storage and use practices and policies that differ materially from this Privacy Policy. For additional information, see the section concerning Third-Party Websites, below.

BY USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO THE TERMS OF, THIS PRIVACY POLICY. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.

Each time you use the Website, the then-current version of this Privacy Policy will apply. Accordingly, each time you use the Website you should check the date of this Privacy Policy (which appears at the end) and review any changes since the last time you visited the Website. For additional information, see the section concerning Updates and Changes to Privacy Policy, below.

Children’s Privacy Tate + Zoey is committed to the safety of our children. Persons under the age of 18 may not enroll as Tate + Zoey Brand Affiliates or register as customers. Children under the age of 13 may not purchase products through any of our Websites. Tate + Zoey does not solicit or knowingly collect personally identifiable information from children under the age of 13. If Tate + Zoey obtains actual knowledge that it has collected personally identifiable information from a child under the age of 13, Tate + Zoey will immediately delete such information from its database. Because Tate + Zoey does not collect personally identifiable information from children under the age of 13, Tate + Zoey has no such information to use or disclose to third parties.

Information Collection Tate + Zoey is the sole owner of the Website, including Replicated Websites. We collect information from Independent Brand Affiliates (“Brand Affiliates”), customers and visitors to the websites at different points on the websites.

Traffic Data. Like most website operators, Tate + Zoey automatically gathers information of the sort that browsers automatically make available, including: (i) IP addresses; (ii) domain servers; (iii) types of devices accessing the Website; and (iv) types of Web browsers accessing the Website (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you.

Cookies. A “Cookie” is a string of information that a website stores on a user's computer, and that the user's browser provides to the website each time the user submits a query to the website. The purpose of a Cookie is to identify the user as a unique user of the Website. Tate + Zoey uses Cookies to customize your experience on the Website to your interests, to ensure that you do not see the same informational messages repeatedly, and to store your username so you do not have to re-enter it each time you visit the Website. For additional information on Tate + Zoey's uses of Cookies, see the section concerning Information Use and Disclosure Practices/Traffic Data and Information Gathered Using Cookies, below. IF YOU DO NOT WISH TO HAVE COOKIES PLACED ON YOUR COMPUTER, YOU SHOULD SET YOUR BROWSER TO REFUSE COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN OF THE SERVICES AND CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF COOKIES. IF YOU REFUSE COOKIES, YOU ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.

Personal Information. Through your use of or visits to our websites, you may be required or requested to provide personally identifiable information (hereafter “Personal Information”) to us. Personal Information is any piece of information which can potentially be used to uniquely identify, contact, or locate a single person. Such information includes, without limitation: (1) “Contact Data” (such as your name, mailing address and e-mail address); (2) “Demographic Data” (such as your age, gender, profession, education level, relationship status, religious affiliation, country, state, city and likes and dislikes,); and (3) “Financial Data” (such as your credit/debit card number and expiration date). We do not collect Personal Information from you through this Website without first asking you to provide it. The Website does not gather Personal Information from you without your knowledge. We may supplement the Personal Information you provide to us with additional personal information gathered from public sources or from third parties (e.g., consumer reporting agencies) who may lawfully provide such information to us. You are under no obligation to provide Personal Information to us, with the caveat that your refusal to do so may prevent you from using certain of the features and services available on the Website or from purchasing some or all of our products.

Credit Card Information. Credit card information collected at registration or for shopping cart orders is used only to process payment for the transaction and, generally, is not retained by us. You may, however, voluntarily elect to securely store your credit card information for your convenience in order to pay for future orders or fees. In addition, if you register with us as a Brand Affiliate or customer, your credit card information will be securely stored in order to pay for your orders, and to pay any renewal fees that you have agreed in advance to pay as they become due. You may add, edit, and delete your stored card information.

Brand Affiliate and Customer Registration. In order to become a Brand Affiliate, an applicant must provide Personal Information to us. We also may require an applicant’s taxpayer identification number (Social Security Number or Federal Tax ID Number) so that we may prepare and file necessary non-employee compensation forms for the IRS. Certain customers may be required to register in order to purchase products directly from us (“Registered Customers”). Registered Customers will be required to provide Personal Information. We use this information to maintain contact with Brand Affiliates and Registered Customers, and to process Brand Affiliate and Registered Customer orders.

Product or Service Purchases. When a customer, Registered Customer, or Brand Affiliate purchases products or services from us through any of our websites, the purchaser must provide us with Personal Information. This information is used for billing and payment purposes and to fill orders. 

Information that you make Public. The Website may contain features (e.g. public profiles, forums, and message boards) that permit you to upload, post, transmit, display, perform or distribute content, information or other material, including some of your Personal Information. Any information that you choose to disclose by means of such features becomes public information over which Tate + Zoey is unable to exercise control. You should exercise caution when deciding to disclose your Personal Information by means of such features, and you agree to assume all responsibility for doing so.

Information Use and Disclosure Practices

• Traffic Data and Information Gathered Using Cookies. Tate + Zoey analyzes Traffic Data and information gathered using Cookies to help Tate + Zoey better understand who is using the Website and how they are using it. By identifying patterns and trends in usage, Tate + Zoey is able to better design the Website to improve your experience, and to serve you more relevant and interesting content. From time to time, Tate + Zoey may release Traffic Data and information gathered using Cookies in the aggregate, such as by publishing a report on trends in the usage of the Website. Tate + Zoey does not attempt to link information gathered using Cookies to Personal Information.
• Personal Information. Personal Information that is collected from customers, Brand Affiliates and Registered Customers through Brand Affiliate and Customer Registration, Product or Services Purchases and/or Surveys is used and disclosed as described in this Privacy Policy. Except as specifically set forth in this Privacy Policy, Tate + Zoey DOES NOT share Personal Information. Tate + Zoey may share aggregated information from time to time with its partners, vendors or other third parties. When such aggregate information is shared by Tate + Zoey, no Personal Information is shared.
• Disclosure Practices. Except under the following circumstances and otherwise as set forth in this Privacy Policy, Tate + Zoey will keep your Personal Information private and will not sell it to or share it with third parties.

• Disclosure in Connection with Services. Tate + Zoey discloses Personal Information to those who help it provide Services, including those who perform technical, administrative and data processing tasks such as hosting, billing, fulfillment, and data storage and security.
• By Law or to Protect Rights. Tate + Zoey discloses Personal Information when required to do so by law, or in response to a subpoena or court order, or when Tate + Zoey believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of Tate + Zoey, third parties or the public at large.
• Legally Required Law Enforcement, Judicial and Administrative Agency Disclosures. Tate + Zoey will provide confidential and personally identifiable information as necessary to comply with judicial and administrative orders, subpoenas, Civil or Criminal Investigative Demands, Administrative and Regulatory Demands and other legal obligations. In order for Tate + Zoey to conduct business in certain jurisdictions, Tate + Zoey must disclose certain personally identifiable and confidential information to regulatory authorities in such jurisdictions. Such information may include, but is not limited to, income information and personally identifiable information.
• Business Transfers; Bankruptcy. Tate + Zoey reserves the right to transfer all Personal Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of Tate + Zoey’s assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and an opportunity to affirmatively opt-out of it. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by Tate + Zoey’s successor organization.
• Unpaid Accounts. If you fail to pay any balance owed to Tate + Zoey, we may, as permitted by law, report your Personal Information, including without limitation your unpaid balance, to consumer credit reporting services, collection agencies and others.
• Invite a Friend. When you invite family or friends to join the Tate + Zoey network or to attend a Tate + Zoey home party, Tate + Zoey will send an email on your behalf to the indicated recipient. Your name and email address will appear in the “From” line of such email.
• Lead Assignment and Brand Affiliate Locator Features. Tate + Zoey occasionally will assign prospective sales and prospective Brand Affiliate leads to Tate + Zoey Brand Affiliates. In these cases, we will provide the prospective customer or Brand Affiliate with the appropriate Brand Affiliate’s name and contact information and/or provide a Brand Affiliate with the prospective customer’s or Brand Affiliate’s name and contact information. In addition, Tate + Zoey has a Brand Affiliate Locator feature on its website. Pursuant to this feature, a prospective customer or prospective Brand Affiliate can locate a nearby Tate + Zoey Brand Affiliate. In order to make the Brand Affiliate Locator feature and the lead assignments effective, the company will provide the prospective customer or prospective Brand Affiliate with the appropriate Brand Affiliate’s name and contact information, which may include his/her telephone number, address, and/or email address. 
• Downline Activity/Genealogy Reports. As a network marketing company, Tate + Zoey provides certain information to Brand Affiliates regarding other Brand Affiliates and Customers enrolled in a Brand Affiliate’s downline marketing organization (sales team). To help Brand Affiliates in Tate + Zoey’s network marketing program manage their independent businesses, we provide our Brand Affiliates with some of the Personal Information of the other Brand Affiliates whom they have personally sponsored/enrolled as well as other Brand Affiliates who are on their marketing teams. If you enroll as a Tate + Zoey Brand Affiliate or register as a Tate + Zoey Customer, your name, address, telephone number, and email address, as well as data relating to your sales, purchases, and recruitment activity will be disclosed to the Tate + Zoey Brand Affiliate who sponsored you and to other Tate + Zoey Brand Affiliates who are upline to you and your sponsoring Brand Affiliate. No other Personal Information will be shared with Tate + Zoey Brand Affiliates. Such information is shared via the Brand Affiliate Back-Office. Information relating to downline Brand Affiliates is made available to Tate + Zoey Brand Affiliates subject to a confidentiality and non-solicitation covenant in the agreement that each Brand Affiliate enters into with Tate + Zoey. However, Tate + Zoey does not warrant that other Brand Affiliates will adhere to the confidentiality and non-solicitation covenants, and Tate + Zoey shall not be responsible for Brand Affiliates’ violation of these covenants. By enrolling as a Tate + Zoey Brand Affiliate or registering as a Tate + Zoey Customer, you consent to the disclosure of your Personal Information as described in this paragraph.
• It may become necessary to conduct surveys of our customers or Brand Affiliates. Should we deem it necessary to conduct a survey, we may outsource the survey to a third party. We will provide the third-party survey company with your personal information as is necessary for the third-party survey company to conduct the survey and to those third parties whom we engage to review and analyze the results of the survey. We will not provide your social security number, credit card or banking information to the survey provider.

Communications from Us

· Special Offers and Updates. By enrolling as a Brand Affiliate, registering as a Customer, or making a purchase or other inquiry through the Website, you consent to receive periodic email and other communications from us and from other Tate + Zoey Brand Affiliates. For example, Tate + Zoey sends all new Brand Affiliates and Registered Customers a welcoming email to verify password, username, and acceptance of the Brand Affiliate Agreement or a Customer Agreement. All Brand Affiliates and Registered Customers will occasionally receive information on products, services, special deals, and a newsletter. Customers who have not registered with Tate + Zoey and who grant permission will also receive occasional information on products, services, special deals, and the like.

• Service Announcements.  On rare occasions it is necessary to send out a strictly service-related announcement. For instance, if our service is temporarily suspended for maintenance, we might send Brand Affiliates and/or customers an email. Generally, Brand Affiliates may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.
• Brand Affiliate and Customer Service. Tate + Zoey communicates with Brand Affiliates and Registered Customers via email, regular mail and telephone on a regular basis to provide requested services and regarding issues relating to their Tate + Zoey business. Tate + Zoey communicates with other customers with respect to products or services purchased by such customers from Tate + Zoey. Such communications may be by email, regular mail or telephone.

Online Advertising

We may display advertising on our Website and partner with third parties to manage advertising on other websites for our products and services. We may also partner with third parties, including business partners, advertising networks, and other advertising service providers, who gather information about you on our Sites and other sites to provide you with advertisements on the Website and elsewhere online based on your browsing history and tailored to your interests, preferences, and characteristics. Cookies or other similar technologies may be used to provide you with advertising based upon your browsing activities and interests. We are not responsible for the privacy practices of these third parties, and the information practices of these third parties are not covered by this Policy.

Some third parties collect information about users of our Website to provide interest-based advertising on our Website and elsewhere, including across browsers and devices. These third parties may use the information they collect on our Website to make predictions about your interests in order to provide you with ads (from us and other companies) across the Internet. Some of these third parties may participate in industry-developed programs designed to provide consumers with choices about whether to receive targeted advertising. Due to differences between using apps and websites on mobile devices, you may need to take additional steps to disable targeted ad technologies in mobile apps. Many mobile devices allow you to opt out of targeted advertising for mobile apps using the settings within the mobile app or your mobile device. For more information, please check your mobile settings. You also may uninstall our apps using the standard uninstall process available on your mobile device or app marketplace.

To opt out of interest-based advertising across browsers and devices from companies that participate in the Digital Advertising Alliance or Network Advertising Initiative opt-out programs, please visit the websites operated by the Network Advertising Initiative (http://www.networkadvertising.org/choices/) and the Digital Advertising Alliance (http://www.aboutads.info/choices/). You may also be able to opt out of interest-based advertising through the settings within the mobile app or your mobile device, but your opt-out choice may apply only to the browser or device you are using when you opt out, so you should opt out on each of your browsers and devices if you want to disable all cross-device linking for interest-based advertising. Please note that even if you use an industry-based opt-out for interest-based advertising, you will continue to receive generic advertisements and your experience on our Website may be degraded.

Notice to California Residents

• Your Privacy Rights. Residents of the State of California (under California Civil Code Section 1798.83) have the right to request from companies conducting business in California a list of all third parties, if any, to which the company has disclosed personal information during the preceding year for direct marketing purposes (e.g., requests made in 2019 will receive information about 2018 sharing activities). We comply with this law by offering California residents the ability to tell us not to share your personal information with third parties for their direct marketing purposes. To make such a request, please email us at optout@TateandZoey.com. You must include the name of this Site and “California Resident” as the subject line, and your full name, e-mail address, and postal address in your message. Please note that any request under this paragraph will be limited to our use and disclosure of your Personal Information. You will need to make the same request of your Tate + Zoey Brand Affiliate if you would like to obtain information about any disclosure that she or he has made of your personal information.

• California Consumer Privacy Act Notice. Residents of California have certain rights with respect to their Personal Information.

• You have the right to know that we do not sell your Personal Information to any third party or parties. Although we do not sell your Personal Information to any third parties, you have the right to request that we not sell your Personal Information. To make this request click on this link: Do Not Sell My Personal Information.
• You have the right to request that we disclose the following information to you:
• The categories of Personal Information that we have collected about you;
• The categories of sources from which the Personal Information is collected;
• The business or commercial purpose for collecting such information;
• The categories of third parties with whom we share your Personal Information;
• The specific pieces of Personal Information that we have collected about you.
• To request the above information about you, submit a request to us at TateandZoey.com or call us at 866-746-7844. If you are a Tate + Zoey Brand Affiliate, you may submit a request through your Replicated Website Back-Office. You will be required to verify your identity by providing us with your name, mailing address, Customer or Brand Affiliate ID Number (if applicable), and the last four digits of your credit card.
• Upon receipt of your request and verification of your identity, we will provide you with all the information that we have that is responsive to your request. Such information will be provided to you at no charge to you and within 45 days of your request.
• You have the right to request that we permanently delete your Personal Information from our records. If you are a current or former Brand Affiliate or Registered Customer, you may make this request three (3) years after your Brand Affiliate Agreement or Customer Agreement has been cancelled. To request that your Personal Information be deleted from our records, submit your request to us via TateandZoey.com or call us at 866-746-7844 . You will be required to verify your identity by providing us with your name, mailing address, and the last four digits of your credit card.
• In the 12 months preceding the revision date of this Privacy Policy, we have collected the following categories of Personal Information from our Brand Affiliates and Customers, for the following listed purposes:

Category of Personal Information	Purpose for Collection
Contact Information and Identifiers: Name, Customer ID Number, Brand Affiliate ID Number shipping address, billing address, mailing address, telephone number, and email address.	We collect this information to maintain contact with you, to ship orders to you, to issue payments to you, and to process payment for orders that you place with us. We share this information with third parties as necessary to assist us in the fulfilment of the above functions. Such third parties are prohibited from selling or sharing your information.
Log-In Information: Username and password information.	We collect this information to facilitate your use of our website and services and to place orders with us.
Social Security or other Taxpayer Identification Number (Tate + Zoey Independent Brand Affiliates ONLY).	We collect this information from Tate + Zoey Brand Affiliates so that we may report their earnings to them and to the IRS when required. This information, together with such Brand Affiliates’ names and addresses are provided to a third party to prepare such reports. Such third parties are prohibited from selling or sharing this information.
Internet Protocol (IP) Address.	We will use information, including personal information, for internal and administrative purposes, and to improve our services.
Payment Information: Credit card, debit card, or other payment card information.	We collect this information to process payment for products and services that you purchase from us. This information is shared with third party payment processors for the sole purpose of processing payment for your purchases. Such third-party processors are prohibited from selling or sharing your information.
Demographic Information: Gender, date of birth, and survey response data.	We will use information, including personal information, for internal and administrative purposes, and to improve our services.
Purchase histories.	We will use to provide product recommendations, marketing, and customer support.
Internet or Electronic Network Activity Information: Browsing history, search history, information regarding interaction with our website.	We will use to provide product recommendations, marketing, and customer support.
Geolocation Data.	We use this information to manage communications between Independent Brand Affiliates to prospective Independent Brand Affiliates.

• In the 12 months preceding the revision date of this Privacy Policy, we have not sold any Personal Information.
• Below are the categories of third parties with whom we have shared Personal Information:
  • Credit card processors.
  • Payment processing firms.
  • Accounting firm.
  • Shipping fulfillment firms.
• You have the right to know that we will not discriminate against a consumer as a result of the consumer’s exercise of any of his or her rights listed in this section. For example, we will not, as a result of a consumer’s exercise of any rights listed in this section:
  • Deny goods or services to the consumer;
  • Charge different prices or rates for goods or services;
  • Provide a different level or quality of goods or services; or
  • Suggest in any way that a consumer will receive a different price or rate for goods or services or a different level or quality of goods or services.
• We may provide discounts or other incentives to customers who provide us with certain of their Personal Information. For example, we may offer a discount to a consumer who provides her contact information and payment information in order to register with us.
• To exercise any of your rights under this section, contact us at (866) 746-7844 or connect@TateandZoey.com, or via TateandZoey.com.

Notice to Nevada Residents

Residents of Nevada have certain rights with respect to your Personal Information.

• You have the right to know that we do not sell any of your Personal Information to any third party or parties.
• You have the right to request that we not sell any of your Personal Information. Although we do not sell your Personal Information to any third parties, you have the right to submit a request to us directing us not to sell any of your Personal Information that we have collected from you or will collect from you in the future to any third party or parties. You may make such a request by sending an email to us at nvrequests@TateandZoey.com. Please include the following information in your request: Your name, your email address, and, if applicable, your NPUSA Brand Affiliate or Customer Number. Upon our receipt and verification of your identity, we will not sell your Personal Information. Within 60 days of our receipt of your request, we will respond to you.
• We collect the following types of Personal Information from visitors who browse our website: None.
• We collect the following types of Personal Information (“Covered Information”) from visitors who purchase products from us or enroll as Brand Affiliates through our websites:
• First name, middle name or middle initial, and last name;
• Home or other physical mailing address;
• Credit card or other payment information;
• Email address;
• Telephone number; and
• Social Security Number (Brand Affiliates Only).
• We share Covered Information only as specified in this Privacy Policy.
• If you wish to review, update or otherwise make changes or request that changes be made to the Covered Information you have provided to us, you may do so as specified in “Making Changes to Your Personal Information” below.
• If we ever change the types of Covered Information that we collect from you, with whom we share it, or the process by which you may review and request or make changes to your Covered Information that is collected and maintained by us, we will notify you as described in the “Changes to this Privacy Policy” below.
• No third party or third parties may collect Covered Information about your online activities over time when you use any of our websites.

Miscellaneous

· Dispute Resolution. This privacy policy is governed by the laws of the State of Virginia. The offer extended by this Agreement, and any acceptance of its terms, shall occur in Newport News , State of Virginia. Any dispute arising from or relating to this privacy policy shall be brought in the courts of the State of Virginia residing in Newport News. Each party to a dispute arising from or relating to this privacy policy shall bear his/her/its own attorney’s fees, costs, and expenses. If a visitor to this site wishes to bring an action for the breach of this privacy policy, he/she shall do so on an individual basis. Visitors waive all rights to bring an action on a class or consolidated basis. If a visitor to this site is also a Tate + Zoey Brand Affiliate and combines claims under this privacy policy with claims that are subject to Tate + Zoey’s Terms & Policies that are applicable to Brand Affiliates, the dispute resolution provisions of the Tate + Zoey Terms & Policies shall govern.

• Links. Tate + Zoey’s websites may contain links to other sites. Please be aware that Tate + Zoey is not responsible for the privacy practices of such other sites. We encourage users to be aware when they leave our site and to read the privacy statements of each and every website that collects Personal Information. This privacy statement applies solely to information collected by Tate + Zoey websites.
• Security. Tate + Zoey has implemented and maintains reasonable security procedures and practices to protect against the unauthorized access, use, modification, destruction or disclosure of your Personal Information.
• Lost or Stolen Information. You must promptly notify us if your credit, banking, other financial information, username or password is lost, stolen or used without permission. In such an event, we will remove that credit card number, bank account information, other financial institution information, username or password from your account.
• Promotional Activities. From time to time, Tate + Zoey may conduct contests, giveaways and other promotions (collectively, “Promotional Activities”). Any information submitted in connection with Promotional Activities will be treated in accordance with this Privacy Policy. From time to time, Tate + Zoey may also ask you to participate in surveys designed to help Tate + Zoey improve the Websites, its products, services, or the Tate + Zoey network marketing program. Any Personal Information provided to Tate + Zoey in connection with any survey will be used only in relation to that survey and will be disclosed to third parties not bound by this Privacy Policy only in aggregated form.
• Changes to this Privacy Policy. Tate + Zoey reserves the right to amend or change this Privacy Policy at any time at its sole discretion. It is your responsibility to periodically access this Privacy Policy by clicking on the Privacy Policy link at our home page. You can determine the date this Privacy Policy was last updated by referring to the effective date found at the end of the policy. When material changes or amendments are made to the Privacy Policy, we will announce the same at our home page for a period of 30 days following implementation of the amended Privacy Policy.
• Making Changes to Your Personal Information. Brand Affiliates and Registered Customers may update their personal information as necessary by logging into their Tate + Zoey online Back Offices, which allows them to access and edit their registration account information. In addition, Brand Affiliates and Registered Customers may contact us at connect@TateandZoey.com to update their profiles.
• Online Privacy Policy Only. This Privacy Policy applies only to information collected through the Website. It does not apply to information collected offline.
• Questions. Questions regarding this Privacy Policy should be directed to connect@TateandZoey.com.
• Effective Date. The effective date of this Privacy Policy is April 1, 2020.

Product Return Policy

If for any reason a Tate + Zoey product that you purchase for your own personal use does not meet your expectations, you may contact us at connect@tateandzoey.com within 60 days of the date of purchase to request a refund or exchange, subject to the following rules.>

• Replacement Due to Manufacturer’s Defect or Missing Item. If you request a replacement item due to a manufacturer’s defect or a missing item, the replacement item will be shipped to you at no cost to you as long as the item is shipped to the same address as the original item. Additional charges may apply if you request that the exchange or replacement item is shipped to a different address.
• Exchange Not Due to Manufacturer’s Defect or Missing Item. If you wish to exchange an item for another item and the original item is not defective, you will be responsible for the payment of any shipping costs to return the original item to us. In addition, you will be charged the shipping costs to send the exchange item to you. Such shipping cost will be based on the flat rate shipping fee for your area, calculated based on the difference between the price of the original product and product for which it is exchanged. If the exchange item is the same price or less than the returned item, there will be no shipping charges. Taxes on the flat rate shipping charge may also apply. No exchange will be made for products that are not in good and resalable condition, not in their original packaging, or that were otherwise designated by us at the time of sale as nonreturnable, discontinued, or seasonal (including Gift Fixes).
• Refund Not Due to Manufacturer’s Defect or Missing Item. If you wish to receive a refund for a product, we may require you to return the item to us. In that event, you will be responsible for the payment of any shipping costs to return the original item to us. If the returned item is in good and resalable condition, received by us in its original packaging, and was not otherwise designated by us at the time of sale as nonreturnable, discontinued, or seasonal (including Gift Fixes), we will issue a refund to you of the full amount that you paid for the item together with sales taxes as shown on your original receipt. Shipping costs will not be refunded and nor shall any sales taxes charged on those shipping costs.
• Sales Receipt Required. If you do not have your original sales receipt, we reserve the right to refuse to honor your product replacement, exchange, or refund request.
• Product Credit. We reserve the right to issue product credit to you in lieu of your replacement, exchange, or refund request at our discretion if the conditions set forth in this Product Return Policy are not met by you. If you return an item that was purchased using product credit, upon approval, the credit will be reissued. The original product credit expiration date will be extended by 15 days.
• Gift Cards. Gift cards cannot be exchanged for cash. Tate + Zoey is not responsible for lost or stolen gift cards. If you return an item that you purchased with a Tate + Zoey gift card, the applicable refund amount will be placed back on the gift card (less any applicable delivery charges and taxes).
• Questions. If you have any questions about product returns, discrepancies, back-ordered items or anything else concerning these Product Return Policies, please contact the Tate + Zoey connection desk at 866-746-7844 or connect@tateandzoey.com.

CONSENT TO ELECTRONIC RECORD

Before entering into a Brand Affiliate Agreement or any other agreement with Tate + Zoey, you must consent to the use of an electronic record of the Agreement. Please read the following information carefully.

1. This consent applies to all agreements that you may enter into with Tate + Zoey that are evidenced by an electronic record. The agreement that you currently are entering into with Tate + Zoey will be evidenced by an electronic record.
2. To view the terms of any such agreement and submit the same to Tate + Zoey, you will need a Personal Computer (“PC”), laptop computer, tablet, or smart phone with Internet access, operational Internet browser software (e.g., Google Chrome, Safari, or Internet Explorer), and Portable Document Format (PDF) reader software (e.g., Adobe Acrobat Reader). 
3. Your consent will apply to this and all transactions between you and Tate + Zoey.
4. You may withdraw your consent to the use of electronic records at any time. Should you do so, any agreement between you and Tate + Zoey will be automatically terminated, and you will lose all rights under such agreement(s). Should you wish to withdraw your consent to the exclusive use of an electronic agreement (and thereby terminate the agreement), or update any personal information and you are a Tate + Zoey Brand Affiliate, you may do so through your Tate + Zoey Back-Office or by emailing us at connect@tateandzoey.com. If you are not a Tate + Zoey Brand Affiliate, you may do so by emailing us at connect@tateandzoey.com.
5. If you need a paper copy of the terms of any agreement between you and Tate + Zoey and you are a Tate + Zoey Brand Affiliate, you may download a current version via your Back Office. Alternatively, or if you are not a Tate + Zoey Brand Affiliate, you may send an e-mail requesting these documents to connect@tateandzoey.com. If the agreement that you would like a copy of has been amended or updated, you may request an archived version. Tate + Zoey will then send you an email with the requested documents attached.
6. If there ever is a change in the equipment or software necessary to access any agreement that you have with Tate + Zoey, Tate + Zoey will advise you of the same and will provide you with a list of the equipment and software that is necessary. Upon such event, you may voluntarily terminate your Agreement with Tate + Zoey.

By entering into a Tate + Zoey Brand Affiliate Agreement or subscribing to a Tate + Zoey product or service, you consent to the use of electronic records evidencing your agreement(s) with Tate + Zoey.

Tate + Zoey™

Arbitration and Dispute Resolution Policies

1. Dispute Resolution. If a dispute between a Brand Affiliate and Tate + Zoey arises from or relates to the Tate + Zoey Brand Affiliate Agreement (the “Agreement”), the Tate + Zoey business, or the rights and obligations of either party, the parties shall resolve the dispute as set forth in this Dispute Resolution Provision.
2. Stages of Dispute Resolution & General Dispute Resolution Procedures. Disputes between the Company and a Brand Affiliate(s) that arise from or relate to the Agreement, the business operated by the Brand Affiliate and/or the Company, or the opportunity offered by the Company shall be resolved according to the three-step procedure of (a) informal negotiation; (b) non-binding mediation; and (c) trial before a court for claims under $50,000.00 so long as equitable relief is not sought (except as set forth below), or binding arbitration if the claim is for $50,000.00 or more or if equitable relief is claimed. IF A CLAIM SEEKS DAMAGES OF $50,000.00 OR MORE OR SEEKS EQUITABLE RELIEF (EXCEPT AS SET FORTH BELOW), THE PARTIES AGREE TO RESOLVE THE DISPUTE THROUGH BINDING ARBITRATION AND WAIVE CLAIMS TO A TRIAL BEFORE ANY COURT OR JURY. The following shall apply to all proceedings under this dispute resolution provision:

• Any claim a party has against the other must be brought within one year from the date on which the act or omission giving rise to the claim occurred. In cases in which informal negotiation is required, once informal negotiation is requested in writing the one-year limitation of actions provisions in this provision shall be tolled until the completion of the mediation phase of this provision and for ten calendar days thereafter.
• At no time prior to the negotiation and mediation procedures below are completed shall either party initiate arbitration or litigation related to this Agreement or the business except as may be specified otherwise in this dispute resolution provision.
• All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation and/or mediation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation and/or mediation.
• Informal negotiations and mediation shall occur in Newport News, Virginia unless the parties mutually agree on another forum. Informal negotiations and mediation shall take place telephonically if either party requests such.
• Each party shall be responsible for its own attorney’s fees, expert, professional and witness fees incurred in pursuing any claim, regardless of the forum.
• Under the circumstances in which an action may proceed before a court as authorized in this dispute resolution policy, if litigation is filed in court, the action may be brought in the jurisdiction in which either party resides or has its principal place of business. Notwithstanding the foregoing, if Brand Affiliate has exercised his/her right to opt-out of arbitration and subsequent litigation seeks equitable relief and/or damages totaling $50,000 or more, the litigation shall be brought before the federal or state courts residing in Newport News, Virginia.
• If arbitration is filed all arbitration proceedings shall be filed and held in Newport News, Virginia.
• A dispute relating to whether the dispute between the Company and a Brand Affiliate is subject to arbitration shall be decided through arbitration.

Step 1 - Informal Negotiation.

• The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement or the Company’s business promptly by negotiation between the aggrieved Brand Affiliate(s) and executives of the Company who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement. A party may, at its election, choose to be accompanied in such negotiation by an attorney. If one party elects to have its attorney present, the other party must also agree to have its attorney present if that party has retained counsel. To institute the negotiation process, either party may give the other party written notice of any dispute not resolved in the normal course of business. Within 10 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive and attorney who will accompany that party (if applicable), or the name of the Brand Affiliate and his/her attorney (if applicable) who will accompany him/her in the negotiation. Within 20 days after delivery of the notice, the parties, and the attorneys (as applicable) of both parties shall meet at a mutually acceptable time and place. Such meeting may occur telephonically if one party requests that the meeting be held telephonically. Unless otherwise agreed in writing by the negotiating parties, mediation may be commenced one business day following the close of the negotiation phase described above. The negotiation phase is “closed” when one party notifies the other in writing that it considers the negotiation “closed.” Such closure shall not preclude continuing or later negotiations if desired by both parties.

Step 2 – Mediation.

• If the parties are unsuccessful in resolving their dispute through good faith negotiation, they shall seek to resolve the dispute through mediation. If a party elects to pursue mediation, the party shall submit a written request for mediation to the other party within 10 calendar days after the negotiation phase is completed. The parties shall have 10 calendar days following such request to select a mutually acceptable mediator. If the parties cannot agree on a mutually acceptable mediator, they shall apply to JAMS to have a neutral mediator appointed. Mediation shall be conducted within 20 calendar days from the date on which the mediator is selected or appointed or as otherwise agreed upon by the parties and the mediator. Unless otherwise agreed upon by the parties, the mediation shall be closed no later than 30 calendar days following the completion of the meeting between the mediator and the parties.

Step 3 – Binding Confidential Arbitration or Litigation

• Step 3(a) – Claims for under $50,000.00 with no claim for equitable relief. Claims for less than $50,000.00 and in which equitable relief is NOT sought may be brought pursuant to the arbitration provision below if the parties agree. If the parties do not agree, a claim may be brought before the small claims or district courts in the county in which either party resides or has its principal place of business.
• Step 3(b) – Claims for $50,000.00 or more and/or claims seeking equitable relief - Confidential Arbitration. If a claim seeks $50,000.00 or more and/or seeks equitable relief (excluding equitable relief described in Step 3(c)), and the parties do not successfully resolve their dispute through the negotiation and mediation procedures above, the dispute shall be resolved through binding confidential arbitration in accordance with the terms of this Arbitration and Dispute Resolution Policy.
• Step 3(c) - Public Equitable Relief. If public equitable relief is authorized by federal or state statute, the parties agree that an action may be brought before the district court in the county in which either party resides or has its principal place of business so long as: (a) the relief sought is limited to public equitable relief that is authorized by federal or state statute; and (b) the public equitable relief is unavailable through arbitration proceedings. The confidentiality provisions and corresponding liquidated damage provisions for breach of confidentiality provision contained in this dispute resolution provision shall remain in effect for claims and actions asserted under this Step 3(c) unless an action is brought before a court as specifically permitted pursuant to this subsection and the disclosure is related solely to material that is not filed with the court under seal.

Arbitration Opt-Out.

• A Brand Affiliate who does not wish to be subject to this Arbitration provision may opt-out by notifying Tate + Zoey in writing of his/her desire to opt-out of this Arbitration provision within 30 days of the Brand Affiliate’s execution of the Agreement. The opt-out notice shall be sent via email to ArbitrationOptOut@tateandzoey.com. If a Brand Affiliate opts-out of arbitration, jurisdiction and venue for the dispute shall be in Newport News, Virginia, and the dispute shall be governed by the laws of the State of Virginia, without regard to principles of conflicts of laws.

Actions Not Subject to Arbitration.

• Once the Parties have exhausted efforts to resolve their dispute through the informal negotiation and mediation procedures listed above, any remaining disputes and claims that arise from, or relate to, the agreement between Brand Affiliate and Tate + Zoey, the Tate + Zoey business, and/or the relationship between Tate + Zoey and Brand Affiliate, shall be arbitrated pursuant to the arbitration provision in this policy. Notwithstanding the foregoing, the following claims may be, but need not be, resolved through confidential binding arbitration:
• Claims by Brand Affiliates who have properly opted out of the arbitration provision;
• Claims alleging damages of less than $50,000.00 so long as no equitable relief is sought;
• Claims that are within the jurisdictional limit of the small claims court in jurisdiction in which the Brand Affiliate resides; and
• Claims seeking only Public Equitable Relief that is authorized by state or federal statue and such relief is not available through arbitration.

JAMS to Administer Arbitration.

• If the dispute between the Company and a Brand Affiliate is subject to arbitration, the arbitration shall be filed with, and administered by JAMS in accordance with its Comprehensive Rules and Procedures, which are available on JAMS’ website at http://www.jamsadr.com/rulesclauses/xpqGC.aspx?xpST=RulesClauses. Copies of JAMS Rules and Procedures will also be emailed to Brand Affiliates upon request to the Compliance Department (compliance@tateandzoey.com).
  Notwithstanding the rules of JAMS, unless otherwise stipulated by the Parties, the following shall apply to all Arbitration actions:
• The Federal Rules of Evidence shall apply in all cases;
• The Parties shall be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure;
• The Parties shall be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure;
• The arbitration hearing shall commence no later than 365 days from the date on which the arbitrator is appointed, and shall last no more than five business days;
• The Parties shall be allotted equal time to present their respective cases;
• An Arbitrator's Award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based;
• Any dispute relating to whether the dispute is subject to arbitration shall be decided by through arbitration.

Confidentiality

• Disputes shall remain confidential between the Company and the Brand Affiliate in question. With the exception of discussing the claims with bona fide witnesses to the dispute and the party’s legal counsel, neither party nor its agents shall verbally or in writing discuss, publish, or otherwise disseminate any information relating to the dispute. This includes, but is not limited to, discussing claims, allegations, merits, evidence, positions, pleadings, testimony, rulings, awards, orders, issues, or any other aspect of the dispute with or to any third party. A prohibited disclosure can be via any medium including, but not limited to, verbal disclosure, disclosure via the internet, social media, or blog platform. Prohibited disclosures include those made prior to, during, or after any phase of the dispute resolution process. The only exceptions to this confidentiality provision are contained in this dispute resolution policy. Notwithstanding this confidentiality obligation, it shall not be a violation of this confidentiality provision if the Company discloses the final resolution of the dispute and/or any disciplinary measures taken by the Company to the Sponsor and upline of the Brand Affiliate with whom it had the dispute.

Liquidated Damages for Breach of the Confidentiality Obligation

1. If a Party violates its confidentiality obligations under this arbitration provision, the nonbreaching party shall incur significant damages to its reputation and goodwill that shall not be readily calculable. Therefore, if a Party, its attorneys, agents, or a proxy of a party breaches the confidentiality provision of this dispute resolution provision, the following shall apply:  
2. The non-breaching party shall be entitled to liquidated damages in the amount of $10,000.00 per violation, or $50,000 per violation if the disclosure is published on the internet, including but not limited to disclosure on any website or on any social media forum. Every disclosure of each claim, allegation, pleading, or other prohibited disclosure shall constitute a separate violation. Notwithstanding this confidentiality and liquidated damage provision, nothing herein shall limit the right or ability of a Party to disclose evidence, claims or allegations relating to the dispute to any individual who is, or who may be, a bona fide witness to the dispute. The Parties agree that this liquidated damage amount is reasonable and waive all claims and defenses that it constitutes a penalty; AND
3. Breach of the confidentiality provision by disseminating or publishing information described in subparagraph e. above through any form of mass media (including but not limited to posting on the Internet or on any social media platform) by a party, a party’s agent, or a party’s proxy shall constitute an act of wanton and gross bad faith, and shall constitute a waiver of the beaching party’s right to pursue the claim(s) and/or defense(s) against the non-breaching party, and shall entitle the non-breaching party to a default judgment against the breaching party.

Emergency Relief.

• Either party may bring an action before JAMS seeking emergency relief to protect its intellectual property rights, including but not limited to protecting its rights pursuant to the non-solicitation provisions of the Tate + Zoey Terms & Policies. A claim or cause of action seeking emergency relief shall be brought pursuant to the Emergency Relief Procedures in JAMS Comprehensive Rules and Procedures, available at https://www.jamsadr.com/rules-comprehensive-arbitration/#Rule%202, or by contacting the Compliance Department (compliance@tateandzoey.com). The parties agree that any violation of the Nonsolicitation provisions (policy 29) or Confidential Information (policy 30) provisions of the Tate + Zoey Terms & Policies shall entitle Tate + Zoey to emergency and permanent equitable relief because: (a) there shall be no adequate remedy at law; (b) Tate + Zoey shall suffer immediate and irreparable harm should such policies be breached; and (c) if emergency and permanent equitable relief is not granted, the injury to Tate + Zoey shall outweigh the potential harm to Brand Affiliate if emergency and/or permanent equitable relief is granted.

Disputes Not Subject the Informal Negotiation and/or Mediation Steps. A party need not go through the informal negotiation or mediation steps described above in the following situations:

• Action to Enforce Arbitration Award or Order. Either party may bring an action to enforce an arbitration award or order in a court properly vested with jurisdiction.
• Petitions for Emergency Relief. If a party deems it necessary to seek emergency relief to protect its interests, it may seek emergency relief as set forth in this dispute resolution policy without engaging in the informal negotiation or mediation process set forth above. Notwithstanding the foregoing, the parties are encouraged, but not required, to engage in negotiation and or mediation concurrently with any pending request for emergency relief.
• Disciplinary Sanctions. The Company shall not be required to engage in the three-step dispute resolution process prior to imposing disciplinary sanctions for violation of the Agreement.

1. Remedies available to you under U.S. federal laws, and the state and local laws of your state, shall remain available to you in any arbitration proceeding.

2. Class Action Waiver. All disputes that arise from or relate to the Agreement, that arise from or relate to the Tate + Zoey business, or that arise from or relate to the relationship between the parties, shall be brought and proceed on an individual basis. The parties waive their rights to pursue any action against the other party and/or their respective owners, officers, directors, and agents, on a class or consolidated basis. You may opt out of this class action waiver if you wish by submitting written notice to the Company of your desire to opt out within 30 days from the date on which you enroll as a Brand Affiliate. Submit your written opt-out notice to the Compliance Department (compliance@tateandzoey.com)

3. Governing Law. The Federal Arbitration Act shall govern all matters relating to arbitration. Except as is otherwise specifically referenced herein or in the Tate + Zoey Terms & Policies, the law of the State of Virginia without regard to principals of conflicts of laws, shall govern all other matters relating to or arising from the Agreement, the business, the relationship between the parties, or any other claim between the Parties. Notwithstanding the foregoing, if a dispute is brought in a small claims court properly vested with jurisdiction, the law of the state in which the small claims court resides shall apply.

4. Damages for Wrongful Termination. In any case which arises from or relates to the wrongful termination of a Brand Affiliate’s Agreement and/or independent business, the parties agree that damages will be extremely difficult to ascertain. Therefore, the parties stipulate that if the involuntary termination of a Brand Affiliate’s Agreement and/or loss of their independent business is proven and held to be wrongful under any theory of law, Brand Affiliate’s sole remedy shall be liquidated damages calculated as follows:

• For Brand Affiliates earning up to $10,000.00 in the 12 calendar months prior to termination, liquidated damages shall be in the amount of her gross compensation that he/she earned pursuant to Tate + Zoey’s Compensation Plan in the twelve (12) months immediately preceding the termination.
• For Brand Affiliates earning between $10,000.01 and $20,000.00 during the 12 calendar months prior to termination, liquidated damages shall be in the amount of her gross compensation that he/she earned pursuant to Tate + Zoey’s Compensation Plan in the twenty-four (24) months immediately preceding the termination.
• For Brand Affiliates earning more than $20,000.00 in the 12 calendar months prior to termination, liquidated damages shall be in the amount of her gross compensation that he/she earned pursuant to Tate + Zoey’s Compensation Plan in the thirty-six (36) months immediately preceding the termination.

5. Damage Waiver. In any action arising from or relating to the Agreement, the parties waive all claims for incidental and/or consequential damages, even if the other party has been apprised of the likelihood of such damage. The parties further waive all claims to exemplary and punitive damages. Nothing in this provision or this Agreement shall restrict or limit a Party’s right to recover liquidated damages as set forth in the Tate + Zoey Terms & Policies.

6. Louisiana Residents. These dispute resolution provisions shall apply to Louisiana residents with the exception that Louisiana residents may bring arbitration against Tate + Zoey in his/her home forum and pursuant to Louisiana law.

7. Amendment. Tate + Zoey reserves the right to amend these Arbitration and Dispute Resolution Policies at its discretion. Amendments shall be effective 30 days after notice and publication of the amended provisions in each Brand Affiliate’s Back-Office, but amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. If you do not agree to any amendments, your sole recourse is to cancel the Brand Affiliate Agreement.

Communications from Us

Special Offers and Updates. By enrolling as a Brand Affiliate, registering as a Customer, or making a purchase or other inquiry through the Website, you consent to receive periodic email and other communications from us and from other Tate + Zoey Brand Affiliates. For example, Tate + Zoey sends all new Brand Affiliates and Registered Customers a welcoming email to verify password, username, and acceptance of the Brand Affiliate Agreement or a Customer Agreement. All Brand Affiliates and Registered Customers will occasionally receive information on products, services, special deals, and a newsletter. Customers who have not registered with Tate + Zoey and who grant permission will also receive occasional information on products, services, special deals, and the like.