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                    Consultant terms  and conditions


1.       PAMPER BOUTIQUE LTD a Company Registered in England, Company No: 07794559 whose Registered office is 3 The Old Forge, Bridgwater Road, Taunton, Somerset, England, TA2 8BQ (‘the Company’) and

2.       The Consultant

3.       WHEREAS:

1.       The Company appoints the Consultant to provide sales services to the Company and the Consultant agrees to provide such services for the duration of the Agreement and upon the terms and conditions in the Agreement.

2.       The Consultant shall not be employed by the Company but shall be self-employed for the duration of this Agreement.

IT IS AGREED as follows:

1.       Definitions

1.1.     In this Agreement, unless the context otherwise requires, the following words and expressions shall have the following meanings:

1.2.     Commencement date:  Date signed up online.

1.3.     Services: the sales service to be performed by the Consultant under this agreement and which include the retail of Pamper Boutique Ltd, candles, skincare, cosmetics and other products not hereby specified at the RRP as set out by the Company and such other sales services as the Company and Consultant may agree upon from time to time, during the duration of this Agreement.

1.4.     Termination date: the date on which the Consultants appointment hereunder is terminated.

2.       Duration of this Agreement.

2.1.     The Agreement shall commence with effective online sign up until this Agreement is terminated in accordance with Clause 11.

3.       Consultant’s obligations. For the duration of the Agreement the Consultant shall:

3.1.     Perform the Consultants services described in Clause 1 of the schedule to this Agreement.

3.2.     Perform their obligations in an expert, professional and diligent manner and to the best of their ability.

3.3.     While the Consultants method of working is entirely his/her own, and the Consultant is not subject to the control of the Company, the Consultant shall nevertheless comply with the Company’s reasonable requests and terms and conditions.

3.4.     Initial start-up packs to be purchased as and when avalable  upon signing up online at the price specified at the time if available. Not acailable on FREE to join. Starter packs returned unused  within 14 days and in perfect condition will be refunded. Consultants have the choice to join for FREE.

3.5.     Cash payments at parties or one to one must be paid by debit/credit card or paypal online by Consultant. Monies would need to be paid into bank to cover this.

3.6 Raffles , lotteries or auctions are banned, non compliance wil result in the Consultants  account being terminated.

4.       Sales and commissions.

4.1.     The Consultant shall be entitled to receive commission on transactions concluded throughout the duration of this Agreement.

4.2.     Commission payment will be paid direct to the Consultants specified Bank account within 3 days of the end of the month. Consultants must supply up to date bank details to facilitate.

4.3.     Commission shall be calculated as a percentage of the net sales value of the goods sold, that is, the price paid for the item. At the commencement date of this Agreement the percentage rate payable will start at 20%. The rate of commission will increase in accordance with the marketing structures set out by the Company.  The marketing structure will be reviewed by the Company from time to time. The marketing structure is shown in the consultant’s backoffice.. ON CONSULTANTS PERSONAL PURCHASES COMMISION IS DEDUCTED AT CHECKOUT.

4.4.     The Consultant will be entitled to commission on sales concluded after this Agreement is terminated only if that sale is attributable to the Consultants efforts during the period of this Agreement or if the order for the sale was placed before the termination of this Agreement.

4.5 Promotions. The Company may run promotions from time to time. Consultants are eligible for these promotions provided they are active Consultants . Consultants who have had their accounts terminated for non Compliance are not eligible for promotions.

5.       Late payment.

5.1.     If the Company fails to make any payment due to the Consultant under Clause 4,5 and 6 on the due date then, without prejudice to any other right or remedy available to the Consultant, the Consultant shall be entitled to:

5.2.     Terminate this Agreement by giving written notice to the Company provided that the Company fails to make the due payment within fourteen working days after written notice from the Consultant giving full particulars of the payment due and requiring such payment to be made within fourteen working days.

5.3.     Charge the Company interest (both before and after judgment) on the amount unpaid, at the rate of two per cent per annum above Barclays base rate from time to time, until payment in full is made (a part of the Month being treated as a full Month for the purpose of calculating interest.

6.       Tax liabilities

6.1.     The Consultant warrants and represents to the Company that they are an independent Consultant of self-employed status.

6.2.     The Consultant undertakes to the Company that they will pay all tax and National Insurance contributions in relation to payments made to them by the Company pursuant to this Agreement and indemnify the Company in respect of any claims that may be made by the relevant authorities against the Company in respect of Tax, National Insurance or similar contributions relating to the Services.

7.       No employment

7.1.     Nothing in this contract shall render the Consultant an employee of the Company and the Consultant hereby agrees that he/she is a self-employed Consultant and not an employee of the Company.

8.       Exclusivity of service and competition.

8.1.     The Consultant agrees that they will not, without the written consent of the Company, be in any way directly or indirectly engaged or concerned in any other business or undertaking where there is or is likely to be in conflict with the interest of the Company or where this may adversely affect the efficient discharge of the Consultants duties under this agreement when they hit Emerald level or above.

9.       Confidential information.

9.1.     The consultant shall neither throughout the duration of this agreement ( except in the proper performance of their obligations) nor at any time(without limit) after the termination thereof, directly or indirectly

9.1.1.   Use for their own purposes or those of any other persona, company, business entity or other organisation whatsoever.

9.1.2.  Disclose to any person, company, business entity or other organisation whatsoever;

Any trade secrets or confidential business information relating or belonging to the Company or its associated companies, including but not limited to any such information relating to customers, customer lists or requirements, price lists of pricing structures, marketing and sales information, business plans or dealings, employees or officers, financial information and plans, designs, formulae, specific technical information, research activities, any document marked ‘Confidential’, or any information which they have been told is confidential or which they might reasonably expect the Company would regard as confidential, or any information which has been given to the Company or any associated company in confidence by customers, suppliers and other persons.

9.2    The consultant shall not at any time throughout the duration of this Agreement make any notes or memoranda relating to any matter within the scope of the Companies business, dealings or affairs otherwise than for the benefit of the Company or any associated company.

9.3    The obligations contained in Sub-clause 11.1 shall cease to apply to any information or knowledge which may subsequently come into the public domain after the termination of this Agreement, other than by the way of authorised disclosure.

10    Intellectual property.

10.1   All records, documents, papers ( including copies and summaries thereof) and other copyright protected works made or acquired by the Consultant in the course of carrying out their obligations under this Agreement, together with all the worldwide copyright and design rights in all such works, be and at all times remain the absolute property of the Company.

10.2  The rights licenced to the Company under Clause 12 are personal to the Company and may not be assigned, licenced, loaned or otherwise transferred to any third parties save for the purpose of the Company’s bona fide exercise of those rights.

11      Termination

11.1   Either party may terminate this Agreement at any time without notice and without giving any reason for such termination.

11.2 Under the new GDPR this Agreement shall terminate if the Consultants account is dormant for 6 months and the account will be struck off.

11.3  This Agreement shall terminate , notwithstanding any other rights and remedies the Parties may have, in the following circumstances:

11.3.1       Either Party fails to comply with the terms and obligations of this Agreement and such failure, if capable of remedy, is not remedied within fourteen days of written notice of failure from the other Party ;or

11.3.2       Either Party goes into bankruptcy or liquidation- either voluntary or compulsory- save for the purposes of bona fide corporate reconstruction or amalgamation, or if a receiver is appointed over the whole or any part of that Party’s assets.

11.4   The termination of this Agreement shall be without prejudice to any rights which have already accrued to either of the Parties under this Agreement.

12      Company property

12.1   On the termination of this Agreement, the Consultant must immediately return to the Company in accordance with its instructions all equipment, correspondence, records, specifications, software, models, notes, reports and other documents ( and any copies thereof) and any other property belonging to the Company or its associated Companies which are in their possession or under their control. The Consultant will, if so required by the Company, confirm on writing that they have complied with their obligations under this Clause 14.

13      Notice

13.1   All notices to be given under this Agreement by either Party to the other shall be in writing and shall be served by sending the name by registered post or recorded delivery to the last known address of the other Party and any receipt issued by the postal authorities shall be conclusive evidence of the fact and date of posting of any such notice.

13.2  All notices delivered in accordance with Sub-clause 13.1 shall be deemed to be received within seven days of posting provided that the notice is sent to the following addresses in respect of each Party.

13.2.1       Pamper Boutique Ltd (‘the Company’)

Mrs Julie farmer

3The Old Forge, Bridgwater Road, Taunton, Somerset, TA2 8BQ

13.2.2       The Consultant


14      Law and Jurisdiction

This Agreement is to be governed by and construed in accordance with the Laws of England and Wales and the Parties hereto submit to the exclusive jurisdiction of the English and Welsh Courts in respect of any dispute and /or legal proceedings in respect of this Agreement and any matter arising hereunder.



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