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PPA
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« Reply #15 on: April 23, 2008, 08:07:29 PM »

It's very simple, folks.

A consutant 'warm chattering' someone and handing out a business card, sample, and collecting a phone number is an uninvited solicitation.

A forum member handing out Pink Lighthouse cards is NOT soliciting, because she's not selling anything.  (Sure, we have a cool totebag you can get, but it's not why we're here.)  She is sharing information, that's it.  What the consultant does with it is up to her, and she certainly isn't collecting her phone number so she can call her repeatedly.

Comparing the two is like comparing apples to oranges.  They're both fruit, (they're both business cards...) but that's about where the similarities stop.  It's all about the behavior... the motivation for WHY you are giving someone a card.
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« Reply #15 on: April 23, 2008, 08:07:29 PM »

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« Reply #16 on: April 23, 2008, 08:18:40 PM »

I am replying this one last time and I won't anymore.  But to address the last two comments:

I went to In Touch, typed in "Agreement terms" in the search bar and got this:

Independent Beauty Consultant Agreement General Terms and Conditions

THE INDEPENDENT BEAUTY CONSULTANT AGREES:


To promote and sell Mary Kay? products to ultimate consumers and not to sell or display those products in retail sales or service establishments.
To provide each consumer with the written Mary Kay Satisfaction Guarantee and to promptly honor it upon request. I understand that Mary Kay Inc. ("Company") sponsors a complete satisfaction or money-back guarantee as to each Mary Kay? product sold by me to a consumer.
To maintain the highest standards of integrity, honesty and responsibility in dealings with the Company, consumers and other Beauty Consultants. To present Mary Kay? products in a truthful and sincere manner and hold the Company harmless from damages resulting from misrepresentations by me.
To protect the Mary Kay? trademarks and trade name by obtaining the Company's written permission prior to my use in any advertising (including but not limited to the Internet) or literature other than Company-published material. I understand that display or sale of Mary Kay? products in public, retail or service establishments of any kind is inconsistent with the terms of this Agreement.
As an independent contractor, to assume sole liability for all self-employment (Social Security), income taxes, and other reports required by my activities as an Independent Beauty Consultant and to abide by all federal, state and local laws governing my Mary Kay business.
To purchase the Starter Kit and all Mary Kay? products only from Company. All orders submitted to Company shall be accompanied by cash, credit card charge, cashier's or certified check, or money order made payable to the order of "Mary Kay Inc." for the full amount due. I understand that all orders are subject to acceptance by Company and the terms of this Agreement.
I am not a joint venturer with, or franchisee, partner, agent or employee of Company. I have no power or authority to incur any debt, obligation or liability on behalf of Company. I understand that all Independent Beauty Consultants, Independent Sales Directors and Independent National Sales Directors are independent contractors and are subject to this provision.
When presenting Mary Kay career opportunities, to do so in a truthful and sincere manner and ensure that any prospective Beauty Consultant recruited by me is the age of 18 years or older and receives education and materials related to a Mary Kay career upon submission of an Independent Beauty Consultant Agreement.
Company may release my name and telephone number in response to a customer's request for a Beauty Consultant in my area. If this information is not to be released, I agree to notify Company that I do not want this information released by written notice directed to: Consultant Records Department, P.O. Box 799040, Dallas, TX 75379-9040.
To comply with any changes to the General Terms and Conditions to the Independent Beauty Consultant Agreement that may be made by the Company.


MARY KAY INC. ("COMPANY") AGREES:


To allow a discount from suggested retail prices on Section 1 items of the then current Consultant order form ("Section 1 products"). The discount shall not apply to samplers, premiums, demonstrators, literature, hostess gifts or sales promotion items.
To pay Beauty Consultant with one or more active team members a monthly personal team commission on all purchases of Company products (excluding Starter Kits and sales aids) made by persons whom Beauty Consultant has personally recruited to become Mary Kay Beauty Consultants and who have been accepted by the Company, with commissions to be calculated and paid in accordance with the then current Company-published monthly personal team commission schedule for so long as both Beauty Consultant and team member are active, provided that commissions and bonuses paid on merchandise not sold at retail to ultimate consumers which is subsequently returned for Company repurchase pursuant to this Agreement, may be charged back or deducted from commissions or other sums payable by Company to Beauty Consultant. A Consultant must be active and have one or more active team members in order to receive a monthly personal team commission. An Independent Beauty Consultant is considered "active" in the month a minimum $200 wholesale Section 1 product order is received by Company and in the following two calendar months.
Company may change suggested retail prices, discounts, commissions, transportation charges, contest rules and active status requirements at any time. Company will give Beauty Consultant at least ten (10) days' prior written notice of: a) any changes to contest rules and active status requirements; b) increases in suggested retail prices and transportation charges; and c) decreases in standard discount and commission schedules. Written notice may be given by posting notice on the Company Web site(s).
No geographical territories or limits concerning sales or recruiting within the United States, Puerto Rico, the U.S. Virgin Islands and Guam are imposed on Beauty Consultant.
Company reserves no right of control or direction of Beauty Consultant's activities, other than the right to question results.
To accept Consultant's cancellation of this Agreement within thirty (30) days after acceptance of the Agreement by Company, and upon return of Consultant's original and unused Starter Kit to Company, to refund to Consultant the Consultant's cost of the Starter Kit; or if Agreement is terminated and Consultant's original and unused Starter Kit is returned to Company after the cancellation period and within one (1) year of purchase, to repurchase such Starter Kit at ninety percent (90%) of Consultant's original net cost.
To repurchase, upon termination of this Agreement, at ninety percent (90%) of Consultant's original net cost, original and unused Section 1 products, provided such items were purchased by Consultant from Company within one (1) year prior to return. Starter Kit and Section 1 products must be shipped freight prepaid, accompanied by a "Request for Repurchase" form to the Mary Kay Repurchase Department in Dallas. Consultant agrees that Company's cost of any prizes or product bonuses awarded to Consultant because of the original purchase and any indebtedness Consultant owes Company will be deducted from the repurchase amount. Consultants who return merchandise to Company are not eligible to rejoin Mary Kay as a Mary Kay Beauty Consultant. Consultant agrees that Section 2 items are not intended to be purchased from Company for resale and are not subject to the repurchase provisions.
Customer names and addresses furnished by Beauty Consultant to Company in connection with optional programs shall remain the sole property of Beauty Consultant and will not be used by Company or disclosed by Company to other parties without Beauty Consultant?s permission, except as may be required by law.
There will be no direct sales from Company to the Beauty Consultant's customer without a commission being paid to customer's Beauty Consultant, provided Beauty Consultant is a member of the Mary Kay independent sales organization at the time of the sale. Company will not accept an order directly from customer without the name and Beauty Consultant number of customer's Beauty Consultant. Commissions will be charged back on customer returns.



This Agreement is subject to acceptance by Company at its corporate headquarters in Dallas, Texas, through issuance of a Notice of Acceptance. Such acceptance is conditioned upon receipt of a Starter Kit by Beauty Consultant. This Agreement shall be governed by the laws of the State of Texas as to all matters. The parties further agree that if any dispute or controversy arises between them concerning any matter relating to this Agreement that any issues which either party may elect to submit for legal jurisdiction shall be submitted to the jurisdiction of the courts of the State of Texas and the parties agree that the proper venue shall be Dallas, Dallas County, Texas.

This Agreement is not subject to alteration, modification or change, except in writing, signed by an authorized executive of the Company and shall not be deemed to be changed, modified or altered by reason of any advice, suggestions, guides or sales aids furnished by the Company to the Beauty Consultant. This Agreement shall be effective from the date of acceptance until December 31 of the same year and shall thereafter be automatically renewed each January 1, for additional terms of one year each, provided that the Agreement may be terminated by either party effective immediately for any breach of its provisions or by either party at any time during the initial term or any renewal term by not less than thirty (30) days written notice.

It is not necessary to submit a new Agreement (or purchase a new Starter Kit) if reinstating within one year of last order month (anniversary month, if no last order) as the terms and conditions of the then current Independent Beauty Consultant Agreement will continue in full force and effect. For record purposes, a Consultant must have a minimum $200 wholesale Section 1 product order to update her last order date.

This is the sole and only Agreement between the parties relating to the subject matter hereof, and both parties acknowledge that the Independent Beauty Consultant is not an employee of Company and will not be treated as an employee with respect to this Agreement for federal, state or local tax purposes, or otherwise. 


Unfortunately the numbering did not copy over, but I have bolded the part about the 90% buyback.  It's right on the back of the agreement and it couldn't have been easier to find.  It took me all of two seconds.

As for the second comment since my last one, if you will read what I wrote originally, I said that it is rude to go to a Mary Kay event and do the business card thing for PL.  I'm not talking about out in life like you are discussing.  My interpretation of the Golden Rule must be entirely different from yours because I consider it rude and inappropriate to go to an event sponsored by someone and try to change their minds.  I believe all of the PL supporters would consider it rude for me, or any other active consultant, to try to recruit you.  I am not trying to recruit you now, I am only making a couple of points.  They are (1) the information is available if one will read what is there and (2) practicing the Golden Rule prevents one from going to a Mary Kay event and handing out PL business cards.

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pinkcaddy
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« Reply #17 on: April 23, 2008, 09:39:17 PM »

Well, in my opinion it might just be easier to put the cards on everyone's windshield in the parking lot instead of passing them out  in the meeting. Because you might get booted before you get to everyone. smiley

To someone in the pink, this will seem very rude. But then again, they might thank you for it later.

 :matoes:
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« Reply #18 on: April 23, 2008, 09:49:55 PM »

I strongly disagree realistic pink...and I do not think it is rude.

I believe Zaid said that she was interested in the motivation part of the event....taking along a few cards so that people know how she feels about "the business/opportunity" is a gutsy move, but only Zaid knows these ladies and how they are going to react.

I am certain that if Zaid feels that she would be received badly she won't hand out cards. Which I fully support BTW. :teehee:

What's wrong with other people knowing about this site, gathering information for themselves and making their own choice? :thumbup:

JMO....also this site helped guide me through the fog and gave me the information I needed to make an informed decision about the direction of my MK business.  Love
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« Reply #19 on: April 23, 2008, 10:44:32 PM »

 Realisticpink, sorry darlin', but you are seeing things through  :rosey:

Many of us were lead away from what the consultant agreement really said. We were repeatedly told that it meant that we could return anything in OUR 1st. year only.

So many of us were burned by our directors, recruiters etc. We believe that MKC is aware of the lies being told and choses to do NOTHING about them, because the really don't care why we are buying MK, just that we are!

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« Reply #20 on: April 24, 2008, 06:41:30 AM »

Practicing the Golden Rule?  That's a subjective statement, because it requires that you determine how you would like to be treated.

If you are PRO MK, you would like for PLH people to not hand you a card.
If you are PRO PLH, you wish that someone had handed you a card sooner.

Please stop harking your subjective statements here.
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Julie
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« Reply #21 on: April 24, 2008, 08:47:06 AM »

As for the second comment since my last one, if you will read what I wrote originally, I said that it is rude to go to a Mary Kay event and do the business card thing for PL.  I'm not talking about out in life like you are discussing.  My interpretation of the Golden Rule must be entirely different from yours because I consider it rude and inappropriate to go to an event sponsored by someone and try to change their minds. 

Sorry, but I don't see how this is any different from going to the cosmetics section at Walmart and handing out MK cards or samples to people shopping there.

And maybe this is just me but I wouldn't consider it rude for someone to try to solicit me. I would definitely consider it annoying and perhaps pushy or desperate depending on the approach, but not rude.
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« Reply #22 on: April 24, 2008, 08:58:43 AM »

Quote
except to say that if one reads the back of the agreement and spends some time on In Touch or calls the company, they can find whatever they need to know.

While I agree that much about the Mary Kay "opportunity" is spelled out either in the Agreement or on InTouch, there are a lot of things that aren't.

For instance, ALL of the rules and regs that Mary Kay tells you to abide by that are specified in the Legal Ease publication are IN ADDITION to the agreement. But I don't recall ever seeing anything in the Consultant Agreement that refers to Legal Ease and includes it as part of the agreement.

There's nothing in the agreement about Inventory. They throw all that at you after you sign the agreement. If someone signs up thinking all they need to purchase is the starter kit, they are correct. But they also won't know about how they will be pressured to buy inventory if they don't have the info on this site.

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« Reply #23 on: April 24, 2008, 09:01:19 AM »

Quote
Sorry, but I don't see how this is any different from going to the cosmetics section at Walmart and handing out MK cards or samples to people shopping there.

Excellent point Julie!

Yes...I find it absolutely irritating to be shopping and have a MK person solicit me. They're also breaking the rules put up by the establishments.

Just the other day, I went grocery shopping and there was an organization handing out flyers to ask for support for a local food bank. That's the same as handing someone a PL card, as zaid described. They handed me the info. That's it!

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« Reply #24 on: April 24, 2008, 09:08:33 AM »

The initial comment by me only had to do with the fact that Zaid (who is noticeably absent from this subsequent commentary) would be rude in invading a Mary Kay event to pass out PL cards.  I advised practicing the Golden Rule and I stand by my opinion that no one here would appreciate it if the actions were reciprocated at a PL event.

I think PC's view would avoid that rudeness.

The rest of the commentary has nothing to do with what I originally stated or what the subject line indicates is being discussed.

While individuals in MK may or may not give information to a new consultant, I also stand by my statement that all information is available to anyone who bothers to look.  There is a search option on In Touch for just that reason and phone numbers are posted all over the place.  Nevertheless, none of that has anything to do with what was originally addressed in this subject line.

If no one here finds the actions Zaid described as rude and/or inappropriate, then I will just be grateful I don't know those people in my real life.

UYC said, "That's the same as handing someone a PL card, as zaid described. "

No it isn't.  They were not standing in an event sponsored by an entity representing the opposite viewpoint when they handed it to you.  Although I can't think of anyone who would be against giving food to the hungry, but it's not the same at all.
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« Reply #25 on: April 24, 2008, 09:46:26 AM »

Quote
The rest of the commentary has nothing to do with what I originally stated or what the subject line indicates is being discussed.
You opened up the potential for endless lines of discussion by posting the ENTIRE back of the consultant agreement on this thread.
Quote
I advised practicing the Golden Rule and I stand by my opinion that no one here would appreciate it if the actions were reciprocated at a PL event.
Once again, you fail to understand the subjectivity of the Golden Rule.
Quote
UYC said, "That's the same as handing someone a PL card, as zaid described. "

No it isn't.  They were not standing in an event sponsored by an entity representing the opposite viewpoint when they handed it to you.  Although I can't think of anyone who would be against giving food to the hungry, but it's not the same at all.
The point that UYC was making is that handing someone a card or flyer that is purely informing them of something is not the same as handing someone a card or flyer with the motivation to sell them something.  Clearly, a food bank and PLH aren't both feeding the hungry. (Philosophically PLH IS feeding the "hungry" minds of consultants who are seeking more information.)  Additionally, PLH and a food bank have a similar, non-profit goal.  Is MK non-profit? 
When you hand someone a card, are you doing them a favor?  I would argue that anyone 'in the pink' thinks that they ARE doing someone a favor by soliciting them.  That's a big difference between those in the fog, and those not.

Quote
The initial comment by me only had to do with the fact that Zaid (who is noticeably absent from this subsequent commentary) would be rude in invading a Mary Kay event to pass out PL cards.

Clearly, this forum does not require members to log in on a daily basis and check their threads.  I am sure Zaid will respond, if and when she sees fit.  But, I will remind you that the nature of a forum is that it is public and had you wanted this to be a private conversation between you and Zaid, it should have been conducted via PM.  You chose to respond publically, and the public is responding to you.

Quote
I advised practicing the Golden Rule and I stand by my opinion that no one here would appreciate it if the actions were reciprocated at a PL event.
No, I would imagine that a consultant who tried to solicit people at a PLH event would be invited to sit and listen to the message.  Anyone who is lost enough to believe that they can re-recruit someone who is participating at a PLH event CLEARLY needs new direction.  Although, I am pretty sure there are some consultants out there who believe that they could sell a fridge to an eskimo!
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« Reply #26 on: April 24, 2008, 09:51:31 AM »

If you handed me a MK card at a PL event, I would just toss it or say no thank you. Others might be offended. We all react differently.

Giving someone info is not the same as trying to sell them something. By giving her a PL card, she is in effect just giving her a website address to check out. She can do with it what she wants.

And I didn't get the impression that zaid was going to stand up and make a presentation about it. The fact that zaid hasn't commented could me dozens of things...including that she hasn't had a chance to check in here.

Discussions don't have to somehow comply with the title of a thread here. People bring up points in the course of discussion things and then things just go where they will.

And one thing that makes PL so great, in my opinion, is that people here really DO discuss. They don't just try to tell someone else how they should think.
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« Reply #27 on: April 24, 2008, 11:01:22 AM »

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To maintain the highest standards of integrity, honesty and responsibility in dealings with the Company, consumers and other Beauty Consultants. To present Mary Kay? products in a truthful and sincere manner and hold the Company harmless from damages resulting from misrepresentations by me.

The fact that some consultants and Directors do not adhere to the highest standards of honesty and integrity when recruiting and stating realistic income and expenses would seem to me to be a blatant violation of the Golden Rule.  The fact that the Company (MKC) knows this happens and does nothing more than print "cautionary statements" regarding recruiting information shows that they (MKC) themselves do not operate with honesty, integrity or follow the Golden Rule.  But they do state in the agreement that they are to be held harmless from damages and misrepresentations made.

Quote
While individuals in MK may or may not give information to a new consultant, I also stand by my statement that all information is available to anyone who bothers to look.

When you purchase anything do you expect to be given full disclosure or expect to have to dig for the facts?  For me following the Golden Rule would be to have an open honest discussion with full disclosure.  It appears to me, that you have  :rosey: on when discussing MK, but can take them off when the facts don't support your "pink fog" logic.

The biggest problem is that MK fails to allow any "negative" questions to be properly addressed in these events.  If Zaid hands out PLH cards, she is not even rudely pointing out the "Pink elephant" in the room, but shining the "light" on a place where people might find information about the "opportunity " directly from those who have been "burned" by it and then make up their own minds in the privacy of there homes in their PJ's if they like.
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« Reply #28 on: April 24, 2008, 11:23:09 AM »

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While individuals in MK may or may not give information to a new consultant, I also stand by my statement that all information is available to anyone who bothers to look.

Not true.  InTouch and other company information online is only available to current consultants.  Any prospective consultant does not have access to this information for the purposes of making a decision on whether or not to become a consultant.

Once you BECOME a consultant, THEN you get to perouse the nitty-gritty details.

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« Reply #29 on: April 24, 2008, 11:48:22 AM »

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Any prospective consultant does not have access to this information for the purposes of making a decision on whether or not to become a consultant.

You got to it before I did, PPA.

This is one of the main reasons this site exists. So you can get all the other information and make a decision BEFORE you take the plunge.
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