Who Benefits From Your Mary Kay Website?

Ask some experienced consultants, and you’ll probably find that it’s Mary Kay Inc. who benefits most from your MK website.

Advertising is restricted. You won’t come up in search engines. You won’t be found by some random customer looking for a consultant unless you’re a current star consultant, and even then your chances are limited.

So when your recruiter brags that you can have an online business, don’t fall for the hype.

And Mary Kay uses the personal website program as a way to heap even more rules upon you. You think you’re already restricted in Mary Kay with advertising and promotion and where you can sell the products? Here are more rules! (I’ve bolded the really interesting parts.)

Mary Kay® Personal Web Site Program General Terms and Conditions

1. Mary Kay Inc. (“Company”) reserves the right to alter, change, update, terminate or otherwise modify in any form or fashion all or any portion of the Mary Kay Personal Web Site Program.

2. The Company reserves the right to remove or suspend any Independent Beauty Consultant from the marykay.com Consultant Locator at any time or to remove or suspend any Independent Beauty Consultant Mary Kay Personal Web Site at any time.

3. It is acknowledged and agreed that the Independent Beauty Consultant is an independent contractor and is not a joint venturer with, or franchisee, partner, agent or employee of the Company. It is acknowledged and agreed the Independent Beauty Consultant has no power or authority to incur any debt, obligation or liability on behalf of the Company.

4. The Independent Beauty Consultant consents to the release of information used in the Mary Kay Personal Web Site Program through the marykay.com Consultant Locator and/or the On-line Shopping function.

5. The Independent Beauty Consultant agrees that the Independent Beauty Consultant shall be liable for any and all taxes, duties, charges and licenses that may be assessed or levied by any authority relating to or arising out of participation in the Mary Kay Personal Web Site Program, and shall indemnify and hold the Company harmless from and against any such liability, tax, penalty, interest or other costs.

6. THE INDEPENDENT BEAUTY CONSULTANT AGREES TO INDEMNIFY AND HOLD THE COMPANY HARMLESS FROM AND AGAINST ANY LIABILITY, LOSS, COST, CLAIM OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND EXPENSES, COURT COST AND COST OF INVESTIGATION) ARISING OUT OF, OR ALLEGED TO HAVE ARISEN OUT OF, THE INDEPENDENT BEAUTY CONSULTANT’S PARTICIPATION IN THE Mary Kay Personal Web Site Program.

7. Only one Mary Kay Personal Web Site allowed per Independent Beauty Consultant

8. Requirements for participation in the zip code search through the Consultant Locator are determined at the Company’s sole discretion. The Company reserves the right to alter, change, update or otherwise modify such requirements in any form or fashion at any time without notice. Details on how the Consultant Locator works are located in the Mary Kay Personal Website FAQ section.

9. It is acknowledged and agreed that the use of Company trademarks in any form of electronic advertising, including the Internet, is not authorized except through Company-approved trademark standardization programs such as the Mary Kay Personal Web Site Program.

10. The Independent Beauty Consultant agrees to abide by the company’s Internet Guidelines and the Mary Kay Personal Web Site Program Privacy Statement.

PRIVACY STATEMENT FOR CUSTOMERS

Mary Kay Inc. (“Mary Kay”) and members of its independent contractor sales organization (“Independent Beauty Consultants”) respect the privacy of every individual who visits an Independent Beauty Consultant’s Mary Kay® Personal Web Site (the “Site”). This Privacy Statement describes the information collected and how it will be used. By using the Site, customers consent to the collection and use of this information.

PERSONAL INFORMATION

Customer information such as name, address, telephone number, credit card number or e-mail address will not be collected or retained unless they choose to provide it. If this information is provided, it may be retained and used to better address customer needs. Customers may receive special announcements relating to new products or promotions.

TECHNICAL INFORMATION

Mary Kay collects certain technical information when customers visit the site or download information therefrom. For example, the domain name from which a customer accessed the site, the pages visited and the date and time the site was accessed are analyzed to make the site more useful to visitors.

Cookies: When a customer views the site, some information in the form of a “cookie” or similar file may be automatically downloaded to the computer. This allows the site to be tailored to specific interests and preferences. If customers do not want cookies sent to or stored on their systems, most Internet Browsers will allow them to delete cookies from the computer hard drive, prevent them from being stored or signal a warning before a cookie is stored. Customers may refer to their Browser instructions or “help” screen to learn more about these functions.

Please Note: If you disable your Internet Browser’s ability to accept cookies, you will experience difficulty accessing the site.

INTERNET GUIDELINES

The international scope of the Internet creates not only an excellent resource, but also a challenge to Mary Kay to develop a global strategy that ensures this resource supports and accurately promotes your independent contractor relationship and our direct selling marketing philosophy. In order to take full advantage of the Internet, Mary Kay has developed the following Internet Guidelines. The Internet Guidelines will help protect the business and the image of Mary Kay and its Beauty Consultants, promote a consistent Company message free from unauthorized, untruthful or exaggerated claims and rumors, as well as deter poor Web site design.

Your Independent Beauty Consultant Agreement provides that in order to protect valuable Company trademarks, you agree to obtain the Company’s written permission prior to your use in any advertising or literature other than Company-published material. This policy applies to all forms of electronic advertising, including the Internet.

Unauthorized Web Sites and Online Advertisements

The use of Company trademarks (e.g., “Mary Kay,” “MK,” “mymk.com,” the fanciful floral design, product names), or any confusingly similar variation thereof, or the use of copyright protected material, in any form of electronic advertising is not authorized except through Company-approved trademark standardization programs such as the Mary Kay Personal Web Site Program. Most Internet Service Providers allow you to create a Web site in connection with the services they offer (i.e., your family Web site). If you take advantage of this service, it should not be used to promote your Mary Kay business. Promotion of your Mary Kay business online is reserved exclusively through participation in the Mary Kay Personal Web Site Program. If you create your own Web site, it cannot incorporate Company trademarks or incorporate copyright protected material. You may, however, link from your own Web site to your Mary Kay Personal Web Site provided you adhere to the Linking Policy discussed below.

A Beauty Consultant may not utilize the Company’s trademarks or copyright protected material and advertise on the Internet by purchasing space on any other Web site or by purchasing or otherwise obtaining a banner advertisement or other similar advertisement (i.e., electronic classified advertisement).

The Mary Kay Personal Web Site Program

The Mary Kay Personal Web Site Program is the only way you can advertise your Mary Kay business online.
For enrollment procedures or for additional information about the Mary Kay Personal Web Site Program, visit www.marykayintouch.com.

Linking Policy

Linking to your Mary Kay Personal Web Site Program from another Web site can be a great way to direct customers to you and generate additional sales. If you choose to link to your Mary Kay Personal Web Site, you must follow this Linking Policy:

  • A site that links to your Mary Kay Personal Site:
    • Should not be used to advertise or represent your Mary Kay business other than through approved link texts discussed below;
    • Should not imply, either directly or indirectly, that Mary Kay is endorsing its contents;
    • Should not use any Company trademarks or trade names, other than those contained in the approved link texts discussed below;
    • Should not contain content or material that could be construed as offensive, controversial, or distasteful and should only contain content that is appropriate for all age groups;
    • Should not disparage Mary Kay or its products in any way or otherwise negatively effect or harm the reputation and goodwill of Mary Kay;
    • Should not present false or misleading information about Mary Kay or the Mary Kay career opportunity;
    • Should not misrepresent any relationship with Mary Kay;
    • Should not be operated in violation of any applicable federal, state or local law, rule or regulation;
    • Should not contain content that violates or infringes upon the copyright, trademark, trade name, patent, literary, intellectual, artistic or dramatic right, right of publicity or privacy or any other right of any entity or person or contain material which is libelous or slanderous;
    • Should not replicate in any manner any content in your Mary Kay Personal Web Site; and
    • Should not create a browser or border environment around your Mary Kay Personal Web Site material.
  • In the event your Mary Kay Personal Web Site is no longer displayed on the Internet (cancelled or terminated subscription), you must remove the link to your Mary Kay Personal Web Site from all pages where a link was inserted.
  • You may use only one of the following approved link texts:
    • “Shop online with me, your Mary Kay Independent Beauty Consultant: [insert your Mary Kay Personal Web Site URL]”
    • “Interested in a free makeover? Visit me, your Mary Kay Independent Beauty Consultant: [insert your Mary Kay Personal Web Site URL]”
    • “Beauty is just a click away! Visit me, your Mary Kay Independent Beauty Consultant: [insert your Mary Kay Personal Web Site URL]”
    • Shop 24 hours a day! Visit me, your Mary Kay Independent Beauty Consultant: [insert your Mary Kay Personal Web Site URL]”

Promoting Your Mary Kay Personal Web Site Through Search Engines

The best way to drive traffic to your Mary Kay Personal Web Site is to promote it to your customers by placing your Web site address on your business cards, business stationery, etc. Another way for consumers to reach you is through the Consultant Locator found at www.marykay.com. Mary Kay does not register your Mary Kay Personal Web Site with search engines (e.g., Yahoo, Lycos). We feel that it is of greater benefit to Consultants to have the official corporate Web site, www.marykay.com, be found in a search. This allows the customer to use the Consultant Locator to find a local Consultant rather than trying to sift through the thousands of Consultant Web pages that would be displayed if individual sites were registered.

The Mary Kay Personal pages are created dynamically. This means the page is created when the address is entered in the address field. This method of page creation allows for more flexibility. Changes and updates can be made to Mary Kay Personal pages without intricate programming. META tags are not used. META tags are what search engines look for in Web pages to automatically add them to their listings as they search the Internet. Since a Mary Kay Personal Web Site is not created until the actual address is entered, the search engine will not automatically list it.

If you choose to submit or register your Mary Kay Personal Web Site with a search engine on your own, the following applies:

  • The search string or title you submit cannot contain any Company trademarks (e.g., “Mary Kay,” “MK,” “mymk.com,” the fanciful floral design, product names).
  • The search string or title you submit may use any of the following keywords: beauty, makeup, skin care, cosmetics, dietary supplements, makeover, online shopping, fragrances, vitamins, lipsticks and skin supplements.
  • Sometimes you’re asked to describe the Web site. The description given cannot contain any Company trademarks.
  • The description may include any of the following keywords: online shopping, beauty suggestions, beauty tips, beauty ideas, complementary makeover, makeup, skin care, cosmetics, dietary supplements, gift service, personal shopper and personal service.
  • In the event your Mary Kay Personal Web Site is no longer displayed on the Internet (cancelled or terminated subscription), you must contact the search engine provider to remove your submission or listing.

Domain Names

You cannot register or use a domain name (URL) utilizing any Company trademarks.

Unsolicited Email

Mary Kay recognizes the concern many people have regarding unsolicited email (also called “SPAM”). A Beauty Consultant may not use mass, unsolicited emailings to promote Mary Kay products or the career opportunity. This would be considered an unauthorized electronic advertisement. Beauty Consultants are encouraged to follow Internet etiquette and to be good “Net” citizens and expected to abide by all applicable laws and regulations regarding electronic communications.

Online Auctions and Online Flea Markets

Beauty Consultants may not advertise Mary Kay products online for sale other than through their Mary Kay Personal Web Site. Listing Mary Kay products for sale on an online auction, online flea market, or other online outlet, would constitute a violation of the terms and conditions of your Independent Beauty Consultant Agreement.