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Mary Kay Sales Director Agreement

Mary Kay manufactures cosmetics and establishes contractual relationships with people who purchase these cosmetic products.   The majority of these buyers are «independent beauty consultants.»   Consultants can use the products themselves or sell them to other end-users.   Consultants make money selling products for more than they paid Mary Kay. Consultants can hire new advisors.   Some consultants who recruit enough new consultants 2 and maintain a certain level of mary Kay`s purchase become «independent sales managers.» 3 A manager may continue to sell Mary Kay products.   She is also accused of having recruits who form their «unity» «inspiring, motivating, advising and supporting.»   In return, the director receives commissions based on purchases made by members of her unit.  Woolf also depends heavily on the fact that, for whatever reason, each party could terminate the agreement within 30 days.   Woolf characterizes this scheme as an all-you-can-eat job.   It argues that contractors cannot be dismissed or dismissed, as parties to an employment relationship can, as this would constitute an offence.   Based on the facts of this case, we do not agree.   Our review of the agreement makes it clear that the whistleblowing provision is only the agreement between the parties on how to end their contractual relationship.   There can be no infringement if the manner in which the report is terminated is the most or least appropriate manner under the contractual terms.

  We reject Woolf`s argument that Mary Kay`s right to terminate the contract is evidence that Woolf is an employee and not an independent contractor.   See Cont`l Ins. Co. v. Wolford, 526 S.W.2d 539, 541-42 (Tex.1975) (right to dismiss the worker did not demonstrate that the details of the work were subject to the control of the principal obligatory;  The salaried worker was a legally independent contractor). 8. During the trial, Woolf relied on documents from the reference manual as statements on behaviour.   However, the first page of this manual emphasizes that the ideas it contains «have been put together in a manual for you [i.e.

the director] to verify and accept or reject them.» 3. There are levels of leadership in this system, including «senior directors» and executive directors.   In this notice, we intend to think «director,» Woolf`s junior sales manager. Called Claudine Woolf was an independent sales manager for Mary Kay Inc.

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