Mary Kay is now delivering products directly to customers for participating national sales directors and sales directors. It’s currently considered a “pilot” program, presumably to see how well it works.
Only sales directors who are “star consultants” can participate in this program, and they must also be active. It seems to me that requiring consultants to be active and stars (which means they’ve got lots of inventory on the shelf) is going to partially defeat the purpose of the program. It would come in handy if a customer orders a couple of things you don’t have on hand, but you’re going to still have to order regularly to get the service. (Orders will have to average $600 wholesale / $1,200 retail to remain a star consultant.)
The company only fills orders that are made through your Mary Kay website. So you can’t use it to have the company send a customer something that was ordered at a class…. (You’d have to tell her to get online when she’s at home and order her item via your site. And that means bye-bye sale because she won’t want the hassle and probably will have changed her mind by the time she gets home.)
Below are all the rules to participate in the program. What do you think of this? Is this a forward-thinking option for consultants? Or is it just one more way to boost ordering by consultants by making a star consultant requirement? What problems do you see with this?
Mary Kay® Customer Delivery Service Pilot Program Participation Terms and Conditions
1. I agree that my participation in the Customer Delivery Service Pilot Program (“Program”) is subject to the following Terms and Conditions (“Terms”), which may be updated by Mary Kay Inc. (“Mary Kay” or the “Company”) from time to time without notice to me. I understand that I can review the most current version of the Terms at any time by returning (http://content2.marykayintouch.com/Content/Resources/CDS/Terms.htm)
2. I understand the Company reserves the right to suspend or revoke my participation in the Program or to discontinue the Program altogether at any time at its sole discretion, with or without notice to me and with or without cause.
3. I acknowledge and agree that I am an independent contractor and not a joint venturer with, or franchisee, partner, agent or employee of the Company. I acknowledge and agree that I have no power or authority to incur any debt, obligation or liability on behalf of the Company.
4. I understand that the pilot Program is currently limited to Independent National Sales Directors (“NSD”) and those Independent Sales Directors (“ISD”) who are Star Consultants. I understand that an ISD’s participation in the Program may be dependent on maintenance of both Star Consultant status and the earned discount privilege related to consultant activity status. I understand that after January 31, 2009, if an ISD is unable to maintain these qualifications, the ISD will forfeit the opportunity to participate in the Program.
5. I acknowledge that the delivery service made available by the Program is an optional tool that I may use in the conduct of my Mary Kay business. I affirm and acknowledge that, as an independent contractor, I am free to choose the means through which product is delivered to my customers and that my decision to utilize the Customer Delivery Service remains solely within my discretion.
6. I understand that Mary Kay respects my business relationship with my customers and will not attempt to circumvent it. Customer information is the property of me, the Independent Beauty Consultant, and will not be used by Mary Kay Inc. or disclosed by Mary Kay Inc. to other parties without my permission, except as may be required by law.
7. I acknowledge that the Program is designed exclusively as a means to deliver products to my customers and I agree I will not use the Program to ship products to myself or other members of the Mary Kay independent sales force.
8. I agree and understand that the Program will only allow the shipment of products to individuals who live in the United States and its territories.
9. I agree that I am 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 Program, and shall indemnify and hold the company harmless from and against any such liability, tax, penalty, interest or other costs.
10. I agree that all wholesale purchases made by me in conjunction with the Program are final and cannot be cancelled.
11. I understand that the Program will only be available to me if I maintain both an active subscription to a Mary Kay® Personal Web Site and an active Propay® account.
12. I understand that only orders placed on my Mary Kay® Personal Web Site will be eligible for me to consider for fulfillment through the Program.
13. I acknowledge that I will only be able to use the Program for orders which are paid for on a customer’s credit or debit card with payment funds deposited into my Propay® account. I further acknowledge and agree that my decision to place an order through the Program constitutes my approval for the Company to debit my ProPay® account for the Consultant cost of the order being shipped.
14. BY PARTICIPATING IN THE PROGRAM I AGREE THAT MARY KAY INC., ITS PARENT, AFFILIATES AND SUBSIDIARY COMPANIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS WILL HAVE NO LIABILITY WHATSOEVER, AND WILL BE HELD HARMLESS BY ME, FOR ANY LIABILITY FOR LOSSES OR DAMAGES OF ANY KIND, RESULTING IN WHOLE OR PART, DIRECTLY OR INDIRECTLY FROM PARTICIPATION IN THE PROGRAM.