Demonstrator Manual - Stampin' Up!
Demonstrator Manual - Stampin' Up!
Demonstrator Manual - Stampin' Up!
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anything from a written warning to suspension or termination<br />
of the demonstrator’s rights as a Stampin’ <strong>Up</strong>! demonstrator.<br />
<strong>Up</strong>on receipt of a recommendation from the compliance<br />
supervisor and Compliance Committee, the President may<br />
take action to suspend, terminate, or otherwise modify the<br />
demonstratorship of the violating demonstrator. The President<br />
may act without the recommendation of the Compliance<br />
Committee in situations where such action is considered<br />
necessary or must be taken without delay in order to protect<br />
the company or other demonstrators from harm.<br />
The President’s action may include but shall not be limited<br />
to the following:<br />
■ Discontinuation of suspension and full reinstatement<br />
■ A written admonition or warning to a demonstrator,<br />
a demonstrator’s downline group, or part or all of the<br />
demonstrator’s line of sponsorship clarifying the<br />
meaning and application of the applicable provision of<br />
the Independent <strong>Demonstrator</strong> Agreement or<br />
<strong>Demonstrator</strong> <strong>Manual</strong> that has been violated and<br />
advising that future or continued violation could result<br />
in the imposition of more severe remedies or sanctions<br />
■ Withdrawal or denial of an award, trip, or pin<br />
recognition for a specified period of time or until<br />
certain conditions have been satisfied<br />
■ Imposition of censure or a specified retraining<br />
program for the demonstrator or the demonstrator’s<br />
downline with expenses of retraining charged to the<br />
demonstratorship as appropriate<br />
• Revocation of the right to recruit for a specified period<br />
of time and/or until certain conditions have been<br />
satisfied, or revocation of the right to recruit altogether<br />
• Suspension of the right to promote, market, or advertise<br />
online<br />
■ Imposing sanctions pertinent to the resolution of<br />
the violation<br />
■ Withholding of bonus monies or other compensation,<br />
or payment of a fine<br />
■ Suspension of some or all rights of a demonstratorship<br />
for a specified period of time or until certain conditions<br />
have been satisfied<br />
■ Removal of downline<br />
■ Termination of the demonstratorship or impositions<br />
of such other conditions as deemed appropriate<br />
Remedies to return the demonstrator to good standing with<br />
the company will be specified at the time the decision is made<br />
and will be communicated to the demonstrator.<br />
The Appeal Process<br />
With the exception of termination, withholding funds, or the<br />
imposition of fines, the president’s decision shall be final. If the<br />
president terminates the demonstratorship, withholds funds, or<br />
imposes a fine, the demonstrator may, within 10 days following<br />
termination, appeal the termination decision by giving written<br />
notice to the President of the Company. The matter shall then<br />
be first submitted for nonbinding mediation before a single<br />
mediator in Salt Lake City, Utah. The mediation shall be held<br />
not more than 30 days following the date of the notice of appeal<br />
to Stampin’ <strong>Up</strong>! The mediator shall apply the rules of mediation<br />
regularly applied to such matters in the state of Utah, such rules<br />
not withstanding, for the convenience of the parties, telephonic<br />
participation shall be permitted.<br />
In the event the matter is not resolved by mediation, either party<br />
may pursue its respective legal rights and remedies, if any. It is<br />
expressly understood, however, that the demonstrator waives<br />
the right to file any action whatsoever in any jurisdiction against<br />
Stampin’ <strong>Up</strong>! until the nonbinding mediation process as set<br />
forth herein has been completed. The jurisdiction and venue<br />
for any action shall be in the appropriate state or federal court<br />
in Salt Lake City, Utah. However, the demonstrator agrees that<br />
Stampin’ <strong>Up</strong>! may seek injunctive relief as it deems appropriate at<br />
any time, even prior to mediation, in any state, territory, forum,<br />
or jurisdiction in order to protect trade secrets, copyrights,<br />
trademarks, and other intellectual property rights of the company<br />
as well as critical vendor/supplier relationships, interests of other<br />
demonstratorships, and the interests and rights of the company,<br />
notwithstanding the timetable of the Formal Resolution Process<br />
as described herein.<br />
A vice president of the company may act on behalf of the<br />
president at the company’s discretion.<br />
© 2011 STAMPIN’ UP! 6.27