Terms of Service...
Requirements for Use
By my acceptance below, I warrant that I am at least eighteen (18) years of age and am fully and legally competent to accept the terms contained herein.
Nature of Relationship
Affiliates of Jewelry Buyers, Inc. d/b/a Gold Party Magic will be considered independent contractors of Gold Party Magic and as such will be responsible for any state and/or federal taxes on income generated by Affiliate through Gold Party Magic sales.
Return Insurance Liability
If a guest requests an item to be returned to them, Gold Party Magic will only insure the items for the amount that Gold Party Magic has offered to pay for the items. If the guest wants more insurance then what Gold Party Magic is offering, it is the customer’s responsibility to cover the cost of the extra insurance. The guest must inform their GoldParty coordinator of their desire for the extra insurance by fax or e-mail before Gold Party Magic returns the shipment. It is at the discretion of Gold Party Magic to pick the return carrier, insurance and verification of receipt for every transaction.
Limitation of Liability
Gold Party Magic guarantees all property sent to Gold Party Magic in accordance with the Shipping Instructions specified below for any losses up to the quoted amount of said items. Items that are not shipped in accordance with Gold Party Magic specifications will be shipped at the sole risk of the Affiliate. Gold Party Magic reserves the right to reject any package that appears to have been tampered with, opened and or damaged. All said packages will be immediately returned to the Affiliate.
Shipping Instructions
All items are to be shipped USPS Priority Mail in shipping packages provided by Gold Party Magic on Gold Party Magic’s USPS company account.
Hold Harmless Provision
All affiliates, hosts, and guests agree to hold Gold Party Magic harmless from bodily injury or property damage/loss, of any kind, that may occur during a party or during the transfer of any property items while they are in the custody of the party Affiliate. Affiliates are encouraged to obtain their own liability insurance against this type loss. All property in the custody of Gold Party Magic or the US Postal service is fully guaranteed by that entity.
Acid Testing Equipment
Nitric acid is included in the affiliate package and is very harmful should you come in direct contact with it. Nitric acid can cause blindness and even death if swallowed. Extreme caution must be used when handling nitric acid. If an affiliate is not comfortable working with nitric acid it is our policy that the affiliate return the acid to Gold Party Magic and not use it as a part of their party procedures.
Guest and Affiliate Payouts
The price for gold payable by Gold Party Magic is determined by the amounts posted daily in the member section on the day of the party. Guest payments must be equal to or above the minimum amount posted the day of the party. Gold Party Magic at its discretion reserves the right to pay the guest the minimum amount posted the day of the party in the event of a calculation error by the Affiliate. All items must be shipped the next day after the party, excluding Sunday. In the event items are not shipped the next the amount paid to the Affiliate will be the amount posted on the day the items are received. The guest payout will remain the same regardless.
Guest Methods of Payment
Gold Party Magic reserves the right to change and or expand the method of paying guests. Current acceptable methods are as follows.
1. Gold Party Magic debt card issued at time of the party and loaded accordingly the day Gold Party Magic receives the items.
2. Gold Party Magic company check issued the day Gold Party Magic receives the items.
3. Posted dated check issued by the affiliate on the affiliates account.
Affiliate Methods of Payment
Gold Party Magic reserves the right to change and or expand the method of paying affiliates. Current acceptable methods are as follows.
1. 1.Wire transfer the day items are received
2. Gold Party Magic company check sent overnight.
Method of Calculating Guest and Affiliate Payouts
Gold Party Magic does not use a percentage to calculate the guest and affiliate payouts. A percentage is unfair to all parties in an ever adjusting market. Gold Party Magic shall use a spread to calculate payout prices. The spread adjusts with the price of Comex Gold. The lower the price of gold the lower the spread. The higher the price of gold the higher the spread.
All affiliates agree that this spread set by Gold Party Magic is in the best interest of the guest, the affiliates and Gold Party Magic. It is a the discretion of Gold Party Magic to set the price or spread.
Refer to your Member section for more information.
Non-Authentic Items
All items are tested and weighed by Gold Party Magic. Should a item be determined to be non-authentic, the item will be returned to the guest. Items will be returned directly to the guest or through the affiliate depending on how the affiliate has chosen to disperse monetary payments.
Weight Discrepancies
It is the responsibility on the affiliate to insure his/her scale is accurate at the time of the party. Should a weight discrepancy appear during the weighing process by Gold Party Magic of greater than two tenths of a gram the affiliate will be notified.
Surety Bond
To become a member of Gold Party Magic an affiliate must be bondable. The surety bond is paid for by Gold Party Magic as part of the affiliate package.
Affiliate Quota
Gold Party Magic affiliates agree to invest sufficient time, energy and effort to insure profitability for both Affiliate and Gold Party Magic. Failure to complete at least one party per month is grounds to terminate this agreement.
Code of Conduct
Affiliate agrees that all guests are treated with respect. Gold Party Magic at its discretion reserves the right to cancel this agreement for any affiliate receiving more than three complaints per year by any guest of their gold parties. Affiliates also agree to network with other affiliates in other cities to provide support, information and encouragement.
Territory Exclusivity
An Affiliate has the exclusive right to operate their gold party business in the city they have chosen. Affiliates are encouraged to sign up other affiliates in other cities or their own. Should a person contact Gold Party Magic to operate in a city with a current operating affiliate they will be directed to that affiliate to operate under them. The first affiliate of any city will receive five percent of a additional affiliate working in that city.
Legal Action
It is agreed by all parties that venue for any legal action concerning Gold Party Magic.com and its Affiliates shall be in Harris County Texas. The laws of the state of Texas shall apply in any suit.
