Mallygirl, LLC (alternatively, “Mally” “We”, “Us” or "Our"), maintains this website located at www.mallybeauty.com and its associated and/or successor websites, webpages, content and other materials (collectively the "Site") to provide to its customers (“You” or "Your") information about Mally, its products, services ("Products") and the beauty industry. You have expressed an interest to become a Team Leader under the Mally Beauty referral program (the "Program"). You acknowledge, agree to and certify that You (i) have read and understood the Mally Beauty Website Terms of Use required for use of the Site, (ii) agree to be fully bound by such Terms of Use (the terms and conditions of which are incorporated by reference as if fully set forth herein) and (iii) agree to be bound by these Team Leader Terms and Conditions. Any capitalized terms not defined herein shall have the same meaning as those capitalized terms in the Mally Beauty Website Terms of Use.

1. Qualification

To qualify as a team leader (a “Team Leader”) at least five (5) people that You extend invitations to must accept Your invitation to join Our Program. Individuals who accept an invitation to join Our Program will become Members. You may have up to twenty-five Members on your team. The initial twenty-five (25) people who accepted Your invitation will be Your Level 1 Members. To remain active as a Team Leader, You and five (5) of Your Level 1 Members must both remain active as members of the Program. To be considered active, a Member must make at least one (1) purchase of Our Product per calendar quarter. Each quarter is a fixed time period of three (3) months. The first quarter is from January through March, the second quarter is from April through June, the third quarter is from July through September and the fourth and final quarter of the year is October through December.

As a Team Leader, you may only lead one team and each Member may only be a member of one team at any one time. Each Member, including Team Leaders, will be identified by three identification points which are (i) the Member’s name; (ii) the Member’s e-mail address; and (iii) the Member’s mailing address. The providing of any false, inaccurate or duplicative identification information will result in immediate termination from the Program.

2. Referrals

As a Team Leader, You may have up to twenty-five (25) Level 1 Members. Each of Your Level 1 Members may refer up to twenty-five (25) Members, who will be Your Level 2 Members. Each Level 2 Member may refer up to twenty-five (25) Members, who will be Your Level 3 Members. Finally, each Level 3 Member may refer up to twenty-five (25) members, who will be Your Level 4 Members. If each of the Level 1, Level 2, Level 3 and Level 4 Members refers the maximum of twenty-five (25) members, You will have reached the maximum amount of 390,625 team Members for Your team.

3. Rebates

For so long as You remain an active Team Leader, You will receive a 10% rebate on the total amount of Your purchases of Product each quarter. The total rebate will be paid to You within sixty (60) days following the end of each previous quarter provided that you remained an active Team Leader throughout the entire prior quarter. In addition to receiving a 10% rebate on Your own purchases, at the end of each quarter you will be paid (under the same terms and conditions) a 5% rebate based on purchases of Product made by Your Level 1 Members, a 3% rebate based on purchases of Product made by Your Level 2 Members, a 2% rebate based on purchases of Product made by Your Level 3 Members and a 1% rebate based on purchases of Product made by Your Level 4 Members. All rebates will be calculated based upon the value of Net Sales. Net Sales are calculated by the collections received by Mally from You and Your Members from the purchase of Product less (i) discounts, (ii) shipping and (iii) returns, which will be calculated through the 30-day period following the end of the applicable quarter. If You are both an Artist and a Team Leader, You may receive only Your Artist Discount on Product purchases and You will not qualify for the Team Leader rebate of 10% on Your Product purchases (See “Artist Terms and Conditions” for more details).

For the purpose of calculating your rebates and discounts, they shall only apply to Product purchased directly from Our Site. Any Products purchased from any other source, including but not limited to, QVC (including their exclusive products) or other retailers, shall not be eligible for any rebates or discounts. We do not have access to the information on such sales to be in a position to calculate or apply rebates or discounts purchased from those other sources.

As a Team Leader, You will have access to certain information in connection with the activities of your team, at any time through our Site, including accepted invitations to join Your team, the total dollar value of purchases made by Members of Your team and Your approximate total projected rebates for the then current quarter. You agree, acknowledge and understand that any accounting information displayed on Our Site will be approximations only and are subject to final adjustment by Us.

4. Reselling Strictly Prohibited.

The primary purpose of the Program is to introduce Mally Products to customers and to encourage Team Leaders and Members to purchase and use Our Products. The resale of any of Our Products purchased from Our site is strictly prohibited. If Team Leader or any of his or her Members violate, directly or indirectly, this provision by reselling Mally Products purchase from Our Site under the Program, the Team Leader will be subject to immediate termination from the Program and in addition, such Team Leader will be barred from any further future Product purchases at Our Site.

5. Excessive Returns.

Any Member whose returns exceed 25% of their total purchases in any one calendar quarter will be removed from the Program and will be no longer counted as an active Member of Your team.