1. As an Independent Sales Ambassador (“Ambassador”) for The Avon Company Canada Limited (“Avon”), I agree to the following:
A. To honor the Avon tradition of integrity and personal service, (i) to promptly honor the Avon return policy with your customers, (ii) to abide by all Avon policies and procedures applicable to Independent Sales Ambassadors, including but not limited to the Business Policies and Procedures for Avon Independent Sales Ambassadors and any additional advertising and promotion policies (collectively, the “Avon Policies,” collectively, the “Contract”), together with all amendments, are incorporated into this Contract by reference (iii) to make no deceptive, unsubstantiated or inaccurate statements, claims or representations, including but not limited to earnings ability or product-related claims, or (iv) to do no act that would impair the name, reputation or goodwill of Avon.
B. To sell only to individual customers who will use Avon’s products, and not to or through third parties, including but not limited to any business entity or any type of retail establishment or any Web site or any online auction (e.g., eBay) unless authorized by Avon in writing. I understand that, except as otherwise provided in the Avon Policies, the Avon Online Store is the only way I can sell Avon products online. I further understand that the only way I can promote Avon products online is in accordance with the Avon Policies. I will not utilize Avon’s trademarks or copyright protected material in the promotion and sale of Avon’s products or the business opportunity online other than as permitted in the Avon Policies. Unless expressly allowed by the Avon Policies, I will not use or register, and do not currently own, any domain names, keywords or metatags that include, in whole or in part, any of Avon’s trademarks including, without limitation, the name AVON and I hereby consent to transfer to Avon any such domain names.
C. I will comply with Canada’s Anti-Spam Legislation (“CASL”). CASL outlines the requirements that when sending out Commercial Electronic Messages (“CEM”). A CEM includes, but is not limited to, email, instant messaging, text messaging/SMS and social media messaging, any of the purposes of which is to encourage the recipient to participate in a commercial activity. In addition to the above, I agree not to send, transmit or otherwise communicate any unsolicited CEMs related to Avon to any individual without their express [or implied] prior consent, or otherwise in violation of any law, rule or regulation. Without limiting the foregoing: (a) if any Customer, Contact, member, prospect, other Avon Independent Sales Ambassador, acquaintance, and/or other individual requests to be removed from my Avon email list, I agree to honour such request promptly (and in any event within 48 hours of receiving such request), and thereafter, I will not send, transmit or otherwise communicate any CEM to such individual without their prior express [or implied] consent; and (b) I agree not to distribute Avon-related communications through newsgroups, or transmit unsolicited Avon-related CEMs to individuals using purchased mailing lists, reverse directories or other lists, without their prior express consent. For more information on consent and other CASL requirements, please visit http://www.fightspam.gc.ca and your Avon Backoffice for more information.
D. I will comply with the Canadian telemarketing requirements, including the Canadian Radio-television and Telecommunications Commission (CRTC) Unsolicited Telecommunications Rules (UT Rules) and the National Do Not Call List (DNCL), which gives consumers a choice about whether to receive telemarketing calls. For more information, you can visit http://www.crtc.gc.ca/eng/trules-reglest.htm.
E. To pay Avon for all product orders per the invoice terms and to collect sales tax on customer sales. In addition to any amounts that I owe to Avon, I will be responsible for payment of all fees and/or charges assessed to my account by Avon and for Avon’s collection costs, attorneys’ fees, expenses incurred by Avon in collecting all such amounts. I understand that any amounts previously owed by me to Avon prior to signing this Contract, if any, shall be immediately payable to Avon. I understand that a shipment may not be made on credit if the amount owed for a previous order is not paid when due. In its sole discretion, Avon may request a deposit or down payment from me prior to the extension of credit.
F. That Avon may offset any outstanding balance due against any commission and/or bonus payments otherwise payable by Avon to you, withhold such commission and/or bonus payments entirely even if they exceed the amount that you owe Avon, and/or withhold or suspend incentive prizes, rewards, discounts or other benefits or recognition associated with your level of achievement. Your failure to pay entitles Avon, after providing notice to you in accordance with this Contract, to take all legal measures it considers necessary towards collecting the debt, including but not limited to engaging a collection agency and charging you applicable fees.
G. I Agree, as an Avon Ambassador, I am an independent contractor and not an agent, joint-venturer, employee, distributor, partner, or franchisee of Avon. As an Avon Ambassador, I may not represent myself as an agent, joint-venturer, employee, distributor, partner, or franchisee of Avon. I agree that I am a self-employed, non-exclusive independent contractor who is authorized to market and sell Avon Products in Canada. The Ambassador Agreement does not create an employee/employer relationship, agency, partnership, or joint venture between Avon and Avon Ambassador. I shall not be treated as an employee of Avon for any purpose, including without limitation for federal, provincial, or local tax purposes, Social Security and unemployment laws. I have no power or authority to incur any debt, obligation or liability, or make any promise or contract on behalf of Avon. As an independent contractor, I will not be treated as an Avon employee but shall assume sole liability, for federal, provincial or local taxes. I am solely responsible for all decisions made and all costs incurred with respect to my business and assume all entrepreneurial and business risk. Furthermore, I am responsible for ensuring that my business complies with all applicable Federal, provincial and local laws and regulations of any nature relating to our Avon business, including but not limited to licensing requirements, consumer protection and privacy laws.
H. To provide Avon with my Social Insurance Number ("SIN") in order to facilitate Avon's compliance with its tax reporting obligations should I become eligible for commissions and/or bonuses from recruitment activities and online direct to customer sales. Banking information will also be required to be eligible for commissions and/or bonus payouts. I understand that Avon keeps this personal information confidential in accordance with its Privacy Statement and uses it for tax reporting purposes. If I do not provide my SIN or banking information, this will lead to no commissions and/or bonuses being paid to me for my recruitment activities and online direct to customer sales.
I. Either party may terminate this Contract, with or without cause, at any time. The Contract will also terminate automatically in the event that an Ambassador closes his or her account with Avon. Upon such termination, all amounts owed by an Ambassador shall be immediately due and payable to Avon. Upon termination of this Contract or if at any time Avon, in its sole discretion, determines that you have breached this Contract, Avon may attach one or more of your customers to another Ambassador, but you will remain obligated to pay Avon any outstanding balance on your account.
J. Except as set forth herein, any claim, dispute, controversy or other difference between the undersigned Ambassador and Avon (including Avon’s current or former officers, directors, members, employees, vendors, clients, customers, agents, parents, subsidiaries, affiliated companies, successors, or assigns) that otherwise could have been resolved in a court of law, during and after the term of the Contract, shall be exclusively resolved by binding arbitration before one neutral arbitrator and administered by the Judicial Arbitration and Mediation Service (“JAMS”), a private alternative dispute resolution (ADR) provider, instead of a jury or court trial. With the exception of Quebec Ambassadors, the Ontario Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. With respect to Quebec Ambassadors, the Quebec Civil Code governs the interpretation and enforcement of this dispute resolution provision. If there is a conflict between JAMS Rules and the rules set forth in this Contract, the rules set forth in this Contract will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at https://www.jamsadr.com or 1-800-352-5267.
If not resolved informally, any dispute or claim must be made within the applicable statute of limitations by contacting JAMS at www.jamsadr.com and submitting a demand for arbitration. The parties agree that, except as otherwise provided in this arbitration provision, the arbitrator will have the exclusive authority to decide any question about the arbitrability of any claim, dispute or other difference between them (including all defenses to contract enforcement such as, for example, waiver of the right to compel arbitration). Each party shall have the right to conduct discovery adequate to fully and fairly present the claims and defenses consistent with the streamlined nature of arbitration. The arbitrator shall apply the substantive law relating to all claims and defenses to be arbitrated the same as if the matter had been heard in court, including the award of any remedy or relief on an individual basis and any award of costs and attorneys’ fees to the prevailing party. Otherwise, the parties shall each bear their own costs and attorneys’ fees. The arbitrator’s award shall be in writing, with factual findings, reasons given, and evidence cited to support the award. Arbitration under this Contract shall be held in Toronto, Ontario under Ontario law (or Montreal, Quebec under Quebec law for Quebec Ambassadors) without regard to its conflict of laws provisions. Any authorized decision or award of the arbitrator shall be final and binding on the parties. The decision of the arbitrator may be enforced in any court of competent jurisdiction.
Notwithstanding the foregoing, if an arbitration award would be rendered ineffectual without provisional relief including, but not limited to, writs of attachment, preliminary injunctions or temporary restraining orders, either party may request such relief from a court of competent jurisdiction to preserve the status quo pending arbitration. Nothing contained herein shall be deemed to give the arbitrator any authority, power or right to alter, change, amend, modify, add to or subtract from any of the provisions of this Contract, the Avon Policies or Avon’s marketing and compensation plan.
K. Claims covered by this arbitration provision must be brought on an individual basis only, and no arbitrator has authority to resolve multi-plaintiff, class, collective or representative action claims under this arbitration provision (“Class Waiver”). Should such a claim be initiated in the arbitral forum, the arbitrator shall summarily reject it as beyond the scope of this arbitration provision. Any disputes concerning the validity of this Class Waiver will be decided by a court of competent jurisdiction, not by the arbitrator. In the event a court determines that this Class Waiver is unenforceable with respect to any claim, it shall not apply to that claim, and that claim may then only proceed in court as the exclusive forum.
This arbitration and class waiver provision, shall survive the termination or expiration of the Contract. Any modification of this arbitration provision shall not apply retroactively to any dispute which arose or which the parties had notice of before the date of modification.
L. As an Ambassador, I understand and agree that Avon and I must regularly communicate with each other via mail, fax, email, telephone and other means (1) to receive account or order information, (2) to process orders, (3) to make or arrange payments, (4) to receive information about available products, services, promotions and opportunities, and (5) for other business purposes. Regardless of my name or number being listed on a federal Do Not Call registry, I specifically authorize Avon to call and / or text the residential, business or cell phone numbers that I have provided to Avon, whether using an agent, an artificial voice or pre-recorded messages, automated dialers or any other method that Avon may choose to use from time to time. I request that any new or additional telephone numbers that I furnish to Avon be incorporated by reference into this authorization. I also agree that this consent can only be revoked by writing to Avon at The Avon Company Canada Limited, 5500 Trans-Canada Highway, Pointe-Claire, Quebec H9R 1B6 or such other address designated by Avon and that I will receive written acknowledgement of such revocation from Avon. I understand I am not required to provide this consent to be contacted by telephone or text as a condition of purchasing any property, goods, or services.
2. Other Provisions
A. This Contract shall be effective upon signature or electronic signature by the Ambassador and shall supersede any contract previously made between Avon and me, in my capacity as an Ambassador. This Contract may not be transferred or otherwise assigned without the prior written consent of Avon Sales Management.
B. Avon’s advertised prices, as featured in each campaign (errors and omissions excluded), are Avon’s retail prices for each campaign only. All prices as advertised exclude applicable taxes. Ambassadors may set their own selling price depending on the channel of purchase. Nothing in this Agreement obliges Avon to accept any order placed by you nor obliges either you or Avon to enter into any further agreement. All orders are subject to acceptance by Avon.
C. If you are providing delivery directly to a Customer, you must provide written or printable electronic receipts to your Customers along with information regarding the buyer’s cancellation rights for all Avon products purchased by them. Details regarding the buyer’s cancellation rights are set out in the Business Policies and Procedures.
D. Avon reserves the right to discontinue products or to change prices at any time. Avon reserves the right to change discount schedules, shipping fees, or incentive programs upon ten (10) days’ prior notice. I hereby agree to pay Avon applicable shipping fees, including without limitations any increases or supplemental fees applicable to my orders. All locations charge shipping fees for immediate shipment of additional orders.
E. I hereby grant authorization to Avon, at any time, to contact a credit bureau or agency, to investigate my background, character and identity and agree to provide any information requested by Avon for the purpose of determining whether I should be appointed as a Ambassador and receive credit in accordance with the terms and conditions contained in this Contract and the relevant Avon Policies. Upon my request, Avon will inform me of the name and address of each agency from which Avon obtained a report, if any, relating to me. Avon reserves the right to deny or limit the amount of credit it extends to its Ambassadors.
F. Unless I opt out during the Enrollment process or in my Account settings, I give my consent and license for Avon to publicize, publish and / or display in any paid or unpaid medium my name, photo, performance statistics, testimony statements and other information relating to my Avon business, without payment, for an unlimited number of times in perpetuity for any Avon-related purposes, including recognition of any sales, recruiting or motivation success I achieve. If I provide a testimonial, I represent that my opinion has not previously been published, does not contain material that would infringe the intellectual property rights of any third party, and does not contain any false or misleading information, and that I have reviewed the contents and approve its use by Avon.
G. If any provision of this Contract or of any of the Avon Policies shall, to any extent, be held invalid, illegal or unenforceable, in whole or in part, the validity, legality and enforceability of the remaining parts of this Contract and of the Avon Policies shall not be affected thereby. Furthermore, to the extent any conflicts exist or arise between any provisions of this Contract and any Avon Policies, or other Avon terms, Privacy Statement (defined below), or other Avon documents or agreements applicable to Ambassadors, then such provisions of this Contract shall control.
H. You acknowledge that your Avon business, and the rights and obligations associated with it, are personal to you and may not be sold, transferred or assigned to any other person or entity without the prior written consent of Avon, which will be granted at Avon’s sole discretion. Avon reserves the right to transfer, sell or otherwise assign this Agreement to another party.
I. This Contract shall be construed and governed by the laws of the Province of Quebec, without giving effect to principles of conflicts of law.
J. I acknowledge and agree that my personal information will be collected, used and disclosed as provided in Avon’s Privacy Statement (“Privacy Statement”), this Contract and as I may otherwise agree. I understand that both the generally applicable provisions of the Privacy Statement and those specific to Ambassadors will apply to the collection, use and disclosure of my personal information, regardless of whether my personal information is collected on-line or off-line. Such uses include fulfilling the terms of this Contract, communicating to me about Avon products, services and opportunities, supporting and better understanding the business of Ambassadors and improving Avon’s business operations. I consent to the use and disclosure of my Personal Information to participants in Avon’s Sales Leadership program. I acknowledge and agree that such use and disclosure of my Personal information may occur in other countries, including countries where data protection laws may differ from those of my home country. The Privacy Statement is found at Avon.ca and may be modified from time to time. I understand that I can change or delete my Personal Information by updating my profile at Avon.ca or by contacting the Avon Care Center at 514-694-0810. I may opt out of receiving marketing communications from Avon by clicking the link or following instructions within the communication or by contacting the Avon Care Center. Additionally, I understand that my Avon business information, including photo, name, performance statistics, testimony statements and other information related to my business, may be shared for internal purposes with other Ambassadors, regardless of Publicity Release consent in Section II.F. By agreeing to these terms and conditions, I expressly agree to the provisions of said Privacy Statement including but not limited to the provisions governing Ambassadors.
K. I understand that individuals whose contact information I choose to store online or offline (“Contacts”), and individuals (including Contacts) who purchase Avon products through my Online Store or in person (“Customers”), have certain expectations regarding the privacy of their information and that I may be required by law to protect such customer information from unauthorized use and disclosure. Therefore, I agree: (a) to obtain consent from all Customers and Contacts before collecting, storing or disclosing any personal information to Avon (b) to keep all personally identifiable and other information regarding Customers and Contacts (“Customer/Contact Information”) strictly confidential; (c) not to use any Customer/Contact Information for any purpose other than fulfilling Customers’ orders and communicating with Customers and Contacts regarding my Avon business; (d) not to disclose any Customer/Contact Information to any third party, whether individually or in the aggregate (e.g., in the form of a customer list); (e) to honor any Customer’s or Contact’s opt-out or similar request to no longer receive communications; and (f) to treat all Customer/Contact Information in accordance with all applicable laws, rules and regulations. Avon reserves the right to honor any Customer’s or Contact’s request to opt out of communications made or initiated through the Online Store or directly to Avon.
L. I understand that Avon deems the names and address lists of Ambassadors and Customers to be confidential and proprietary to Avon. Ambassadors may not use names and address lists of other Ambassadors or Customers to solicit, promote, market or sell non-Avon products and services. This provision survives the termination of the Agreement.
M. Limitation of Liability.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY OR ANY FAILURE OF ESSENTIAL PURPOSE, IN NO EVENT SHALL AN AMBASSADOR, AVON OR ANY OF ITS RELATED PARTIES BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST BUSINESS, AND LOST OPPORTUNITIES, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THIS CONTRACT OR THE SUBJECT MATTER HEREOF (INCLUDING BUT NOT LIMITED TO AVON’S PRODUCTS, PROGRAM, MARKETING MATERIALS, OR BUSINESS TOOLS), WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHER THEORY OF LIABILITY (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF AVON OR ANY OF ITS RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
N. Indemnification.
I agree to indemnify, defend, and hold harmless Avon (together with its related parties, agents, other Ambassadors, members, employees, directors, officers, and attorneys, collectively "Indemnified Parties”) from and against any and all losses or liabilities (including attorneys’ fees) they may suffer or incur as a result of my breach or alleged breach of this Contract, including, without limitation, any terms or conditions of the Avon Policies. Without limitation of the foregoing, I shall specifically indemnify the Indemnified Parties against any losses or liabilities they may suffer or incur as a result of my being deemed an employee, agent, or holding any status other than an independent contractor, and my tax liabilities.
O. The parties to this Contract have required that the present Contract, related documents and all amendments thereto be drawn up in English. Les Parties aux présents ont demandé que cette entente soit rédigée dans la langue anglaise.
3. Specific Leadership Provisions
A. If I desire to participate in the Sales Leadership Program as explained in the Avon Policies, I accept the provisions of Leadership as follows and agree to abide by the Avon Policies, which can be found at Avon.ca.
B. I agree to present Avon's Sales Leadership Opportunity to any potential Ambassadors in an honest and forthright manner, without making false, misleading or exaggerated claims including, but not limited to, statements on the Independent Sales Ambassador's earning potential.
C. I acknowledge the Sales Leadership Program, including qualifications, method of payment for order, sales earnings plan and Leadership Bonuses, may be modified or changed at the sole discretion of Avon upon prior written notice to all participants.
D. Participation in Leadership may be terminated by either party at any time for any or no reason. Additionally, I understand that my account may be frozen pending an investigation of any suspected violation(s) of this Contract.
E. You may also receive bonuses and/or commissions based on the sale of products a member of your downline makes to their Customers. When a product is returned to Avon for a refund, the bonuses and/or commissions attributable to the returned product(s) must be extracted from the compensation that was made to you and to and member of your Downline who received compensation as a result of the sale of the product(s) now being refunded. This amount will be charged or deducted from the method of payment attached to your account.
Applicants must be 19 years of age or older.
THIS CONTRACT CONTAINS A BINDING ARBITRATION AGREEMENT WHICH MAY BE ENFORCED BY THE PARTIES.
BY SIGNING OR ELECTRONICALLY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE RECEIVED AND READ OR HAVE HAD THE OPPORTUNITY TO READ THIS CONTRACT WHICH CONTAINS AN ARBITRATION AGREEMENT. I UNDERSTAND THAT THE ARBITRATION AGREEMENT REQUIRES THAT DISPUTES THAT INVOLVE THE MATTERS SUBJECT TO THE AGREEMENT BE SUBMITTED TO ARBITRATION PURSUANT TO THE ARBITRATION AGREEMENT RATHER THAN TO A JUDGE AND JURY IN COURT.
This Contract ©2025 The Avon Company Canada Limited. All rights reserved.