© The Boutique Hub 2021
By clicking “I agree” below, as the business owner and in order to become a Member of The Boutique Hub, my business – boutique and/or brand – and I (collectively, “Member”) agree to the following conditions and terms (“Agreement”):
1. Core Values and Code of Conduct. The Boutique Hub’s success is based on impacting the lives of business owners on every level by educating, connecting and advocating for the global boutique community. The Boutique Hub’s Core Values define the way we run and grow our business. These Core Values are:
a. We value community over competition and are both a team and a family.
b. We operate with integrity and ethical values and encourage others to do the same.
c. We strive to empower, uplift and keep a fun culture for everyone.
d. We keep a transparent community where we stay real and relevant.
e. We want everyone to succeed and only do so when our members do. The Boutique Hub expects all of its employees to follow these Core Values, as well as all of the Members within The Boutique Hub Community. Failure to follow these Core Values could result in termination of membership by The Boutique Hub.
2. Not a Buy-In Group. Member is not a buy-in group. Member carries its own inventory and sells such inventory at approximately 2x markup.
3. Approved Use. Member does not steal or use without permission, designs, pictures, images, specifications, patterns or any type of creative material (collectively, “Material”) from other businesses or persons, regardless of whether the Material designates that it is protected by copyright laws.
4. Intellectual Property Rights. If Member owns a brand (“Brand”), Member agrees that Member’s merchandise will be produced in a manner that has not, does not and will not in the future, infringe or violate any intellectual property or other proprietary rights, including without limitation, any patent, trademark, service mark, trade dress, trade name, copyright, trade secret, right of privacy, license, publicity, moral right, or utilizes any manufacturing or administrative process that infringes on or violates any of the foregoing (collectively, “IP Rights”). Member has not received any notification of and has no knowledge of any basis upon which a third party could claim or contest the IP Rights of Member in any merchandise posted by Member on The Boutique Hub (“Supplier Content”).
5. Not Solely an MLM. Member is not a MLM “boutique” alone (i.e. – Lipsense, Stella & Dot, Lularoe, etc.) (“MLM”) Member understands that while it is acceptable to sell MLM items in Member’s boutique (within each MLM company’s guidelines), Member agrees that Member’s boutique is a stand-alone business, which Member owns. Member agrees that MLM sales are and will continue to be less than 50% of Member’s revenue.
6. Member’s Business. Member is a legitimate, operational business, not a hobby and holds proper documentation proving such, i.e. EIN, sales tax license and proper documentation required by Member state of business. Member is and will remain registered with the Department of Revenue or similar governmental taxing authority for each state in which Member does business or is required to pay sales tax or similar taxes. Member collects and remits sales tax, pays income tax, and abides by all local, state, and federal governmental laws, rules, and regulations applicable to Member’s business.
7. Entity Compliance. If Member is a business entity, in each state where member operates, Member is: (i) qualified to do business, (ii) registered and in good standing, and (iii) will continue to remain in compliance with (i) and (ii) as long as Member is affiliated with The Boutique Hub.
8. Restrictions. Member will not take or utilize data, contacts, or information acquired by, through, and/or from The Boutique Hub to: (i) create Member’s own marketplace, (ii) acquire, contact, or solicit The Boutique Hub members for a business enterprise competitive to that of The Boutique Hub, or (iii) utilize The Boutique Hub’s education resources to create or establish trainings provided by Member.
9. Service Provider-Specific Terms. Member agrees that Member’s Product or Service (i) has been in existence or service for at least six months, (ii) does not compete or offer the same products or services as The Boutique Hub, (iii) has a pre-existing affiliate program or is willing to work with The Boutique Hub to create one, and (iv) can provide three referrals from current or past customers that have used the product or service recently and for a duration longer than three months. The Boutique Hub will use the above-referenced criteria, along with their general assessment of Member’s Product or Service, to determine if it will be well-received within The Boutique Hub community and among it’s other Members. Member also agrees to treat all other Members of The Boutique Hub community with the highest levels of customer service and respect. The Boutique Hub does not accept all Service Provider applications and does not guarantee communication or acceptance of application.
10. Access. Member understands that only two (2) employees from Member’s business will be allowed in The Boutique Hub’s Facebook groups.
11. Refund Policy. Member understands The Boutique Hub Inc.’s refund policy, which states the following:
As with the nature of digital subscriptions & membership websites like this one, once you purchase, you have immediate access to the content. If you choose to unsubscribe or cancel your account, we cannot refund your initial payment because, as stated, you have immediate access to all of the content. To clarify, if you purchase and then immediately wish to cancel, we can cancel future subscription payments, but we cannot refund your first subscription payment. If you choose to cancel at any time, your account will cease as of that date. We do not offer any refunds, including prorated refunds. This is a recurring membership and your payment of file will be automatically charged monthly or annually until cancellation occurs
12. Member Representations and Warranties. Member conducts business with high professional and ethical standards. Member represents and warrants that it does not and will not in violation of applicable law, custom or practice: (i) discriminate in hiring on the basis of race, color, national origin, gender, religion, or sexual orientation, (ii) utilize, through its own operation or its manufacturers, child labor, prison labor, indentured or bonded labor, or labor obtained through human trafficking or slavery in the operation of its business, (iii) fail to comply with applicable wage and hour laws, including those related to minimum wage, overtime, or the accurate recording of hours worked, or (iv) participate in any payment or authorization practices in violation of any applicable anti-corruption or anti-bribery laws or regulations, including but not limited to the Federal Foreign Corrupt Practices Act (United States) or the Foreign Public Officials Act (Canada).
14. Marks; Use of Marks. Member agrees that Member shall not modify or use for any purpose other than those expressly permitted in this Agreement, any trademark, service mark or trade name, or trade dress owned, controlled by, or licensed to The Boutique Hub now or in the future (collectively, the “Marks”) including, but not limited to, “The Boutique Hub”, “Hub”, “Boutique Boss”, “Boutique Boss Planner”, or “The Boutique Summit”. Member agrees that all Marks of The Boutique Hub belong to The Boutique Hub and Member will make no claim of right to use or of ownership nor will attempt to register any Marks. You may use The Boutique Hub’s graphic and text links to: https://theboutiquehub.com/join on your website and within your email messages. You may also advertise The Boutique Hub website referencing https://theboutiquehub.com/join in online and offline classified ads, magazines, and newspapers. Affiliate is permitted to use The Boutique Hub brand and marketing resources which are available on https://theboutiquehub.com/brand-assets/ and in the Affiliate section of The Boutique Hub as exactly provided therein. Member does not gain any ownership or rights to the Marks or the Content. Member may use the graphics and text provided by The Boutique Hub as allowed for in this Agreement, or with the prior, express approval of The Boutique Hub, Member may create its own graphics and text.
15. Ownership. Member further agrees that Member shall not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or otherwise utilize in any way, in whole or in part, any images, materials, membership information, designs, photographs, illustrations, icons, videos, and all other materials or information displayed, prepared, and/or provided by The Boutique Hub (collectively, “Content”) without the express, written permission of The Boutique Hub. The Boutique Hub owns the copyright to all of its Content.
16. Indemnification. Member shall indemnify and hold harmless The Boutique Hub, Inc., its affiliates, subsidiaries, owners, officers, directors, employees, agents, licensees, successors and assigns (collectively, “Indemnified Parties”), from any and all liabilities, obligations, damages, fines, penalties, judgments, claims, costs, losses, and expenses (including reasonable attorneys’ fees and costs) incurred by or asserted against any of the Indemnified Parties by reason of, arising out of, or occurring in connection with: (i) the purchase of brand items including any claim that the Supplier Content violates a third party’s trademark, copyright, or other intellectual property rights, (ii) any failure on the part of Member to perform or comply with any of the terms of this Agreement, or (iii) Member’s negligence or willful act or omission.
17. Termination by Member. Member may terminate its membership in The Boutique Hub by either: (i) emailing [email protected] or (ii) logging into Member’s dashboard, selecting Membership, and then selecting Billing Information. Upon termination, Member is not entitled to and shall not receive any refund from The Boutique Hub. Membership fees will continue to be charged to the card on file until cancelled by Member. Annual membership will auto renew each year on the join date applicable to said Member and be charged to the card on file.
18. Termination by The Boutique Hub. If The Boutique Hub determines that Member has agreed to the above terms and that Member has not followed this Agreement, The Boutique Hub reserves the right to immediately cancel Member’s membership at any time without notice and without refund. The Boutique Hub may also pursue legal action for any violation of this Agreement.
19. Governing Law, Jurisdiction, and Attorney Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the circuit courts located in LaCrosse County, Wisconsin. In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including attorneys’ fees and costs.
20. Modification. The Boutique Hub may modify any of the terms and conditions within this Agreement at any time and at its sole discretion. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your membership account. Your continuing membership will constitute your acceptance of any change.
21. Headings; Relationship. Descriptive headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement. Nothing in this Agreement shall be construed as creating a partnership or joint venture between the parties hereto, it being the express intent that the business and goodwill of Member and the business and goodwill of The Boutique Hub remain their respective sole property.
22. Effectiveness of Electronic Signatures. This Agreement is an electronic contract that sets out the legally binding terms of your membership in The Boutique Hub, Inc.. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing The Boutique Hub, Inc. application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
Honesty and integrity are our greatest values, let’s abide by them together and grow the greater retail boutique, wholesale, and fashion industry.
Last updated March 6, 2021