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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

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