Chapter 15: Product Ordering Procedures and Policies

SEC. 1    SUBMITTED PRODUCT ORDERS

Once a product order form has been submitted, no changes will be made by the home office unless the order was incorrectly processed by Data Processing from the submitted form.


SEC. 2    ACCEPTED METHODS FOR ORDERING

Orders may be mailed, faxed, telephoned in or electronically submitted to Market America. 

(A)    Mailed Orders: Mailed orders should be sent to Market America’s post office box address for same day receipt processing.

(B)    Overnight/Express Mail: Express delivery must be sent to Market America’s street address.

(C)    Faxed Orders: Orders may be faxed to Market America using UnFranchise® Owner’s own credit card on file, or if the method of payment is an existing credit on the paying UnFranchise Owner’s Market America account.

(D)    Telephone Orders: Orders may be placed over the telephone using the 800 number. 

         (1)     UnFranchise Owners must have the following information ready prior to calling:

                  •    ID number
                  •    Name and phone number 
                  •    Correct placement for applied Business Volume (with same restrictions as on regular order form) 
                  •    Valid shipping address
                  •    For each product: product quantity, code, description, UnFranchise Cost per unit, suggested retail price, and total UnFranchise Cost
                  •    Their own credit card number (or their own “credit card on file”) and expiration date

         (2)    Only the UnFranchise Owner’s own credit cards that are on file can be accepted on telephone orders.

         (3)    UnFranchise Owners may order using an existing credit on their Market America account by simply specifying for the operator “credit on account” as the method of payment.  

         (4)    Once the order is completed, the operator will repeat the order back to the UnFranchise Owner for verification. Any errors or needed corrections need to be addressed by the UnFranchise Owner at that time. Then the operator will give the UnFranchise Owner the order number. Note: Once the order number is given and the call is terminated, that order cannot be modified.

(E)    Online Electronic Ordering: Product can be ordered online through the UnFranchise Owner’s UnFranchise Business Account and paid for with the UnFranchise Owner’s own personal check or their own credit card using the Online Electronic Ordering program. 

         (1)    Order entry instructions can be found online.

         (2)    A new checking account must be verified, and this verification process applies to all checking accounts, regardless of whether you have used the same account to place orders through the mail process. The verification process begins only after your initial order using this account has been submitted and can take up to seven days to complete. Even though the order will be delayed, the BV will be credited for the original date you placed the order. Once your account has been verified, any future orders using this same account will not be delayed due to verification. 

         (3)    UnFranchise Owners must have a valid credit card on file with Market America to use the credit card option. Even if an UnFranchise Owner’s credit card is on file for UnFranchise AutoShip purposes, he/she must also have the credit cards on file with applicable credit card information to place an order.

(F)     Preferred Customer Orders: Preferred Customers may place orders through their UnFranchise Owner directly; from their UnFranchise Owner’s company-created shopping sites (e.g. SHOP.COM website, mini websites etc.); the Preferred Customer 800 line; and via fax to the corporate office. All orders must be filled out completely.


SEC. 3    PICK-UP ORDERS

UnFranchise Owners electing to pick up orders at the home office or the Canadian warehouse must submit their order by 12:00 p.m. two days prior to the scheduled pick-up day. NO orders will be processed unless paid for at the time the order is submitted.

(A)    Third-Party Pick-Ups: UnFranchise Owners who are picking up another UnFranchise Owner’s order may do so only if the UnFranchise Owner picking up the order has written permission from the ordering UnFranchise Owner, or the ordering UnFranchise Owner must write “pick up by: (name of UnFranchise Owner picking up the order)” in the Ship To box on the order form. Note: Third-party pick-ups are not allowed at the Canadian warehouse.

(B)    Canadian Identification Required: Orders may be picked up at the Canadian warehouse only by either the paying UnFranchise® Owner or the person for whom the order was placed (the filing UnFranchise Owner). The following identification and documentation is required for pick-up at the Canadian warehouse.

         (1)    UnFranchise Businesses Under Personal Name(s): To pick up products paid for by UnFranchise Business listed under one's personal name, UnFranchise Owners must show a valid photo identification matching either the paying UnFranchise Owner or the person for whom the order was placed (the filing UnFranchise Owner).

         (2)    UnFranchise Businesses Under a Company Name: To pick up products paid for by UnFranchise Businesses listed under a company name, UnFranchise Owners must show a copy of the company resolution identifying the principals of the company, along with a valid photo identification matching either one of the identified principals or the person for whom the order was placed (the filing UnFranchise Owner).

         (3)    UnFranchise Businesses Under a Trust: To pick up products paid for by UnFranchise Businesses listed as a trust, UnFranchise Owners must show a copy of the trust document identifying the trustee(s), along with a valid photo identification matching either one of the trustees or the person for whom the order was placed (the filing UnFranchise Owner).

(C)    Pick-Up Times: Pick-up orders may only be picked up between the hours of 9:00 a.m. and 4:45 p.m. at the Market America warehouse. Pick-up orders for Canada may only be picked up between the following hours at the Canadian warehouse: Monday through Friday between 7:00 a.m. and 12:00 p.m. 

         (1)    It is advisable to call UnFranchise Services prior to coming to the home office or the Canadian warehouse for order pick-up, in case of delays in processing.

         (2)    All orders must be inspected prior to leaving the home office or the Canadian warehouse.

         (3)    All pick-up orders must be picked up within seven business days of the order being placed. Orders not picked up will be shipped to the paying UnFranchise Owner’s address with shipping charges debited from his or her account.

(D)    Documentation: All orders must state “PICK-UP” in the shipping address box on the product order form. For online orders, UnFranchise Owners must check the box under the "Shipping Address" section indicating, "Yes, I want to pick up my shipment." Do not mail in any order copies to Market America when using the pick-up order process. This may result in an UnFranchise Owner being double-charged.

(E)    Faxed Orders: Faxed orders for pick-up will only be accepted if the method of payment is an existing credit on the paying UnFranchise Owner’s Market America account or a credit card on file.

(F)    Handling Fees: There will be a 3.75 percent (or a minimum of US$7.50) handling charge for all pick-up orders at the corporate office. There will be a 5 percent (or a minimum of CAN$10.50) handling charge for all pick-up orders at the Canadian warehouse.

(G)    Limitations: There are products that cannot be picked up at the corporate office or the Canadian warehouse because they are shipped directly from the vendor/manufacturer. Call UnFranchise Services to verify prior to writing a pick-up order.


SEC. 4    PAYMENT POLICY

All negotiable instruments must be made out to Market America and sent directly to the company along with the product order form. All orders must be prepaid by money order, cashier’s check, certified check, approved personal check, an approved VISA or MasterCard credit card or existing Credit on Account. NO CODs will be accepted. Using a credit card belonging to another individual is strictly prohibited unless that individual is a spouse or, in the case of a business-entity UnFranchise Business, a documented principal of the business entity.

(A)    Money Orders/Cashier’s Checks/Certified Checks: Please include your ID number on the money order/cashier’s check/certified check and, if applicable, the name of the UnFranchise Owner to whom BV is being assigned. The money order/cashier’s check/certified check must be signed by the UnFranchise Owner who is paying for the order. Orders paid by money orders, cashier’s checks, or certified checks will be processed same day of receipt, if the order is acceptable according to the following provisions. Money orders/cashier’s checks/certified checks will only be accepted for:

         (1)    first-time orders;

         (2)    orders paid by UnFranchise Owners who are currently on UnFranchise AutoShip and/or have lost check writing privileges with Market America, as long as the money order/cashier’s check/certified check is signed by the paying UnFranchise Owner;

         (3)    the resolution of non-sufficient fund situations.
Note: Except for first-time orders, all orders paid by money order/cashier’s check/certified checks will automatically ship to the paying UnFranchise Owner’s shipping address that is in the computer database. 

(B)    Personal Checks: Personal checks will be deposited same day of receipt. All orders paid by personal check will be held 15 business days before the orders are shipped, unless the ordering UnFranchise Owner has Check Writing Privileges. Include your ID number on the personal check and, if applicable, the name of the UnFranchise Owner to whom BV is being assigned. Also see Check Writing Privileges.

(C)    Credit Cards: UnFranchise® Owners may use their own approved VISA or MasterCard credit cards on file for payment. These orders will be processed the day of receipt. Note: Market America will not accept credit card checks.

(D)    Credit On Account: Funds may be deposited with Market America and drawn upon as payment. However, the UnFranchise Owner must give Market America instructions to do so by writing “Use Credit on Account” at the top of the order form. Funds for payment will not be drawn against an account automatically. When funds are drawn from a Market America account, they are drawn from the credit account of the country indicated by the shipping address of the transaction. UnFranchise Owners may not transfer funds from their Market America account into other UnFranchise Owners’ Market America accounts, except specifically to clear a debit in the recipients’ account. UnFranchise Owners may not deposit funds into other UnFranchise Owners’ Market America accounts, except specifically to clear a debit in the recipients’ account. All requests to add credit to Market America accounts must be submitted on a Product Order Form.  

(E)    Automatic Bank Drafts: Automatic bank drafts may be arranged with Market America to draw upon a UnFranchise Owner’s checking account on a set date each month, provided proper paperwork to execute this process has been submitted, and the UnFranchise Owner’s bank is capable of implementing this system.

(F)    Non-Sufficient Funds: All payments returned or denied for non-sufficient funds will be treated in accordance with the policies and procedures concerning non-sufficient funds. See Non-Sufficient Funds (NSF).

(G)    Order Without Payment Or Payment Without Order Form: All orders received without acceptable form of payment enclosed will be sent back to the UnFranchise Owner unfilled. Payments without acceptable order forms will be sent back to the UnFranchise Owner.

(H)    Paying UnFranchise Owner: The paying UnFranchise Owner must complete the very top of the order form (Name and ID Number) to ensure proper credit/debit information is entered and sales tax is calculated appropriately (if applicable).

(I)    Use Of A Voucher: A Market America voucher will be issued for any Market America-branded product that had a BV amount credited to it (or IBV in certain situations) when the product was published as available but is discontinued at the time the order is to be filled. The UnFranchise Owner’s list of available vouchers can be found at the UnFranchise® Business Account only and is no longer mailed in paper form. This voucher may be used to purchase Market America-branded products, under the following terms and conditions:

         (1)    The voucher may be redeemed on-line at the UnFranchise Owner’s UnFranchise Business Account, mailed to Market America’s post office box address along with mailed-in order to which the voucher is to be applied, or faxed along with faxed order to which the voucher is to be applied. Redemption on-line is encouraged to ensure proper and prompt credit. When placing any on-line product order, the opportunity to apply an available voucher is offered.

         (2)    The UnFranchise Owner must redeem the voucher within 90 days of the date issued. The voucher, along with an accompanying order, must be received by Market America within 90 days of the issue date.

         (3)    The voucher must be used toward one order. It can only be used by the UnFranchise Owner to whom it was issued and cannot be used toward payment for any other UnFranchise Owner’s order

         (4)    The cost of the Market America product and the BV/IBV of the product on the order for which the voucher is redeemed must be greater than or equal to the amount of the voucher.

         (5)    The BV/IBV amount represented by the voucher will be subtracted from the order on which the voucher is redeemed. For example, a UnFranchise Owner receives a voucher for a product that is worth 50 BV. The UnFranchise Owner redeems the voucher on a subsequent order that includes available product worth a total of 80 BV. On that subsequent order, the total BV amount would only be 30 BV because 50 BV was already credited on the order for which the voucher was issued. 

         (6)    The dollar amount on the voucher has already been paid by the UnFranchise Owner on the order for which the voucher was issued. This dollar amount will be credited to the order on which the voucher is redeemed. For example, an UnFranchise Owner receives a voucher for a product that has a UnFranchise Cost of $30.00. The UnFranchise Owner redeems the voucher on a subsequent order that normally would have a total UnFranchise Cost of $70.00. On that subsequent order, the UnFranchise Owner would only be charged based on a total UnFranchise Cost of $40.00. 

         (7)    Shipping cost, administrative fees, and sales tax (if applicable) were applied on the original order, including for the unavailable product. The voucher amount will include only the UnFranchise Cost of the unavailable product. Administrative fees and sales tax charged for the original product will be applied to the UnFranchise Owner’s Credit on Account and, in the event the shipping charges for the original order exceeded the actual shipping charge when the unavailable product was deleted, the difference will be included in the Credit on Account. For the redeemed order, all shipping cost, administrative fees, and sales tax (if applicable) will be charged based on the UnFranchise Cost of the entire order on which the voucher is redeemed, including the item for which the voucher is being redeemed. Then, the UnFranchise Owner may apply a voucher to the new order, for product only.

         (8)    Vouchers may not be applied to cover shipping costs, administrative fees or sales tax. 

         (9)    Any voucher not redeemed within 90 days of issue will be rendered nonredeemable and without monetary value.


SEC. 5    CREDIT CARD ORDERS

(A)    UnFranchise® Owner Credit Card Orders: Market America will process the UnFranchise Owner’s order twice if necessary (once each consecutive business day). If the credit card is declined the second time, the order will be canceled and a courtesy letter will automatically be sent to the UnFranchise Owner as notification of order cancellation. If a credit card is denied on Friday and accepted on the second attempt, Business Volume will be credited for Monday of the following week, or the week the credit card was accepted.

         (1)    UnFranchise Owners may have up to four of their own credit cards on file for use. UnFranchise Owners may add their own additional credit cards, or change current credit card information on their UnFranchise Business Account or by mailing the new numbers on a signed Credit Card Agreement and indicating that it is for credit card number changes only.

         (2)    If the UnFranchise Owner requests to use a credit card that is not on file at the time the order is placed, the order will not be processed.

         (3)    It is the UnFranchise Owner’s responsibility to ensure that Market America is notified of new expiration dates. Even though there may be available credit, the card could be denied due to an incorrect expiration date. The result is the same as a denial. 

         (4)    UnFranchise Owners must designate on each order which credit card they want to use. If no credit card is indicated, or if the UnFranchise Owner only writes “Use Credit Card on File,” Market America will attempt to charge the first card that is on file in the computer database. If the card declines on the first attempt, Market America will attempt the same card on the second attempt. In the event of a decline, Market America will not try additional credit cards that may be on file to attempt to process the order.

         (5)    Market America will not accept credit card checks. Orders placed using a credit card check will have the order and check returned unprocessed.

(B)    Chargebacks/Disputes: UnFranchise Owners seeking a refund for products purchased from Market America must abide by the Buy Back Guarantee and the Return Merchandise Policy. UnFranchise Owners seeking a refund must contact their upline Certified Executive Coordinator first, and subsequently Market America if necessary, as specified in the Return Merchandise Policy, before attempting a credit card chargeback for products purchased from Market America.

         (1)    UnFranchise Owner Liability: Market America reserves the right to revoke all credit card privileges (including the credit card option of UnFranchise AutoShip) of UnFranchise Owners who request a chargeback from their bank or credit card company.

         (2)    Executive Coordinator Liability: Consistent with the Buy Back Guarantee and Return Merchandise Policy, for any credit card chargeback made by UnFranchise Owners, Market America reserves the right to recover that dollar amount from the upline Certified Executive Coordinator(s) by the implementation of the Commission Reversal Process.  


SEC. 6    BACK ORDERS

If an UnFranchise Owner orders a product that is unavailable at the time the order is processed, the packing slip returned with the other products in that UnFranchise Owner’s order will be marked “BO” (back order). When an item is back-ordered, the computer will search daily for all invoices containing back orders. As the back-ordered item becomes available, back orders will be processed and shipped automatically.


SEC. 7    "SHORT" ORDERS 

Product orders that are submitted with non-sufficient funds will be shipped minus product as equal as possible to the amount of funds that were shorted. If the UnFranchise Owner wants the materials or products that were deleted on the “Short Order,” a new Product Order Form must be filled out for those items.


SEC. 8    CREDITS AND DEBITS

UnFranchise Owners have a Market America credit account for each country in which they are authorized to do business. UnFranchise Owners are allowed to use credits on these accounts only for transactions for the country indicated on the specific account; for example, if an UnFranchise Owner has a credit on his/her Market America Canadian account, then that credit may be used only for a transaction that will be shipped to Canada and/or credited as a Canadian transaction requiring Canadian dollars. GLOBAL.SHOP.COM credits are applied to the “home country” credit account. UnFranchise Owners are allowed no more than a $10.00 debit on any Market America account at any time. 

(A)    Product Deduction: If an UnFranchise Owner submits an order that results in an overall debit on his/her Market America account of greater than $10.00, product will be deducted until the transaction results in an overall debit on the Market America account of $10.00 or less. If product cannot be deducted to allow partial shipment and also maintain a debit of $10.00 or less, no product will be shipped and funds from the order will be credited to the UnFranchise Owner’s Market America account.  

(B)    Account Information: Credits and debits are displayed on the packing slips that UnFranchise Owners receive with shipments. The amount listed on a particular packing slip is the overall credit or debit on the UnFranchise Owner’s Market America account at the conclusion of that particular transaction. If subsequent transactions take place that affect the UnFranchise Owner’s Market America account, the credit or debit amount will of course change.

(C)    Credit On Account: It is highly recommended that UnFranchise Owners maintain a credit balance on their accounts to avoid product deductions (and possible BV reductions) on orders, which could affect the Monthly Accrual Option and/or minimum activity requirements.

         (1)    UnFranchise Owners may not transfer funds from their Market America account into other UnFranchise Owners’ Market America accounts, except specifically to clear a debit in the recipients’ account. 

         (2)    UnFranchise Owners may not deposit funds into other UnFranchise Owners’ Market America accounts, except specifically to clear a debit in the recipients’ account. 

         (3)    All requests to add credit to Market America accounts must be submitted on a Product Order Form.

         (4)    All requests to receive a refund on an UnFranchise Owner’s credit account should be submitted in writing, attention to the Refunds Department.

         (5)    UnFranchise Owners may not transfer their own funds between Market America accounts, i.e., from one's Market America U.S. account to one's Market America Canadian account, etc.

         (6)    In the event Market America receives a government levy or court order requiring UnFranchise Owner property in Market America possession be paid to the governmental entity or to a creditor of the UnFranchise Owner, any funds held in the Credit on Account will be diverted as ordered and a processing fee of $30 charged against the UnFranchise Owner’s commissions and/or Credit on Account.


SEC. 9    SAME DAY RECEIPT PROCESSING

Product orders not mailed to the Market America post office box address will not be processed the same day as they are received, unless the order was sent overnight or by express mail.


SEC. 10    UNFRANCHISE AUTOSHIP ORDERS

Market America’s UnFranchise AutoShip allows UnFranchise Owners to place a standing order assigned to their BDC-001 to meet monthly BV and, if applicable, IBV requirements and to assign excess/overflow BV/IBV in accordance with placement policies. By setting up UnFranchise AutoShip on-line at the UnFranchise® Business Account or submission of a paper UnFranchise AutoShip Authorization and the execution of the method of payment, this program will automatically order and ship the selected products each and every month. UnFranchise Owners may choose between Auto Bank Draft or VISA or MasterCard as the method of payment. UnFranchise Owners should not attach any funds (check or money orders) to their paper UnFranchise AutoShip Authorization form. 

(A)    Automatically Assigned Monthly AutoShip Date:  When an UnFranchise Owner elects the UnFranchise AutoShip, the system will automatically determine the date of the monthly UnFranchise Autoship transaction to occur 17 days prior to the respective UnFranchise Owner’s monthly Q-Date, to ensure processing timely to meet compensation plan requirements.  The monthly draw against the selected method of payment will commence on the assigned draft date and product shipment will follow applicable shipping processes.   

         (1)    New UnFranchise Owner Enrolling in UnFranchise AutoShip: A new UnFranchise Owner’s first UnFranchise AutoShip transaction will be calculated to occur 17 days prior to the end of the UnFranchise AutoShip enrollee’s first quarter, as the new UnFranchiise Owner has a grace period for monthly requirements.  

         (2)    Existing UnFranchise Owner Enrolling in UnFranchise AutoShip Program: The monthly UnFranchise AutoShip start date will be calculated for existing UnFranchise Owners to occur 17 days prior to the next monthly Q-Date.

         (3)    Sales Representatives and UnFranchise Owners Not Yet Qualified: The Start Date is used to determine the AutoShip triggering for these business owners; the system will calculate the UnFranchise AutoShip transaction monthly, 17 days prior to the Start Date.

         (4)      Accrual Protection:  Selection of the Accrual Protection option will ensure that UnFranchise Owners who earn commissions within the first 90 days of their start date will have UnFranchise AutoShip start early to meet accrual requirements, while any UnFranchise Owner whose monthly volume requirements increase to qualify for Monthly Accrual will automatically see the UnFranchise AutoShip order doubled or tripled to cover the difference. This option also protects the UnFranchise Owners where there is change in product price or availability to ensure AutoShip order adjustment to meet volume requirements.

(B)    ACH System/Auto Bank Draft: It is the UnFranchise Owners’ responsibility to ensure their respective bank is set up on the ACH system. If the bank draft system is the selected method of payment, UnFranchise Owners need to be aware that it takes up to 30 days to obtain verification with the bank.

(C)    Use Of Credit Card: Primary and Secondary Credit Cards may be kept on file for UnFranchise AutoShip Orders.

         (1)    Primary Credit Cards: Market America will attempt to charge the Primary Credit Card for UnFranchise AutoShip Orders. If the Primary Credit Card is declined on the first attempt for an authorized reason, Market America will attempt to charge the Primary Credit Card again the following business day. If the initial decline of the Primary Credit Card is for an unauthorized reason, Market America will not charge the Primary Credit Card a second time and will instead attempt to charge the Secondary Credit Card the following business day. If there is no Secondary Credit Card on file, the UnFranchise Owner’s order will be canceled on the first unauthorized decline and a courtesy notice of order cancellation will be sent to the UnFranchise Owner.

If the Primary Credit Card is declined twice, Market America will charge the Secondary Credit Card. If no Secondary Credit Card is on file, that month’s order will be canceled and a courtesy notice of order cancellation will be sent to the UnFranchise Owner. If an UnFranchise AutoShip order is canceled due to a credit card decline, an order with payment may need to be submitted before the UnFranchise Owner’s Q-date. If an UnFranchise Owner’s monthly order is canceled due to credit card declines for two consecutive months, the UnFranchise Owner’s overall UnFranchise AutoShip will also be canceled, and the UnFranchise Owner must submit a new UnFranchise AutoShip Form or resubmit a request for UnFranchise AutoShip online to reinstate the UnFranchise AutoShip Program.

         (2)     Secondary Credit Cards: Market America will attempt to charge the Secondary Credit Card as described above. Market America will only attempt to charge the Secondary Credit Card once. If the Secondary Credit Card is declined, that month’s order will be canceled and a courtesy notice of order cancellation will be sent to the UnFranchise Owner. If a credit card UnFranchise AutoShip order is canceled due to a credit card decline, an order with payment may need to be submitted before the UnFranchise Owner’s Q-Date. If an UnFranchise Owner ’s monthly order is canceled, and the UnFranchise Owner must submit a new UnFranchise AutoShip Form or resubmit a request for UnFranchise AutoShip online to reinstate the UnFranchise AutoShip Program.

         (3)    It is the UnFranchise Owner’s responsibility to make sure credit is available.

         (4)    It is the UnFranchise Owner’s responsibility to ensure that Market America is notified of new credit card expiration dates on credit cards used for orders. Even though there may be available credit, the card could be denied due to an incorrect expiration date. The result is the same as a denial.

         (5)    UnFranchise Owners on UnFranchise AutoShip who need to change their credit card number or expiration date may do so online through their UnFranchise Business Account, fax or mail information with the UnFranchise Owner’s signature to Data Processing. For most other types of changes, Market America requires a new completed UnFranchise AutoShip Form. UnFranchise Owners may also make these changes online through their UnFranchise Business Account.

(D)    Other Account Holders: All UnFranchise AutoShip orders must be paid for by the UnFranchise Owner whose name appears on the UnFranchise AutoShip Authorization and Order Form using his/her own credit card or checking account on file. The only exceptions are if the credit card/bank account owner is a spouse or, in the case of a business-entity UnFranchise Business, a documented principal of the business entity. In such cases, the UnFranchise AutoShip and Order Form must be signed by both individuals and must be accompanied by a notarized letter from the owner of the credit card or bank account authorizing its use. Non-compliance will result in the UnFranchise AutoShip order not processing.

(E)    UnFranchise Owners Canceling Their UnFranchise AutoShip: UnFranchise Owners may cancel their UnFranchise AutoShip standing order at any time by providing Market America 30 days written and signed notice. Cancellation of UnFranchise AutoShip does not terminate the UnFranchise Business; nor does termination of the UnFranchise Business effect a cancellation of the UnFranchise AutoShip standing order. If UnFranchise Owners are terminating their UnFranchise Business, they should indicate such termination in writing in addition to the cancellation of UnFranchise AutoShip and vice-versa. Note: If UnFranchise Owners have both BV and IBV items on their UnFranchise AutoShip, then a cancellation of UnFranchise AutoShip would result in the cancellation of the entire UnFranchise AutoShip, including both BV and IBV items. 

(F)    Market America Canceling UnFranchise AutoShip: The return of an UnFranchise Owner’s UnFranchise AutoShip orders can result in the cancellation of his/her UnFranchise AutoShip.

         (1)    One Return: When Market America receives a returned UnFranchise AutoShip order, UnFranchise Owners have 30 days from the date of Market America’s receiving the product back to request that it be reshipped. Market America reserves the right to cancel immediately an UnFranchise Owner’s UnFranchise AutoShip if the UnFranchise Owner has not requested that the order be reshipped within the 30 days from the date of Market America’s receiving the product back. If UnFranchise AutoShip is canceled for this reason, UnFranchise Owners must submit a new UnFranchise AutoShip Form to reinstate UnFranchise AutoShip.

         (2)    Two Returns: Market America reserves the right to cancel immediately an UnFranchise Owner’s UnFranchise AutoShip upon receipt of two or more UnFranchise AutoShip orders returned to Market America for any reason. If UnFranchise AutoShip is canceled for this reason, UnFranchise Owners must submit a new UnFranchise AutoShip Form to reinstate UnFranchise AutoShip.

(G)    Changing Products: UnFranchise Owners may change the products on the standing order provided Market America is given 30 days notice on an original UnFranchise AutoShip Authorization Form, or UnFranchise Owners may change products online (online changes to product on UnFranchise AutoShip must be submitted by the Friday of the week prior to the next draft week). Note: Although UnFranchise Owners may change the products on their UnFranchise AutoShip order periodically, the program is not designed for UnFranchise Owners to change products every month or two. This defeats the purpose of the program pulling automatically each month without UnFranchise Owners having to send in more paperwork or keep up with multiple changes. If UnFranchise Owners plan to change products every month or so, they may be better off submitting manual orders each month to satisfy the Monthly Accrual Option and/or the IBV Monthly Accrual Option.

(H)    UnFranchise AutoShip Ship Destination: Standing UnFranchise AutoShip orders will ship only to a designated address in the home region of the UnFranchise Owner.


SEC. 11    ASSIGNMENT OF BUSINESS VOLUME AND INTERNET BUSINESS VOLUME

All Personal Business Volume (PBV) and/or Personal Internet Business Volume (PIBV) must be assigned either to the purchasing UnFranchise Owner’s own personal BDC(s) (including re-entry BDCs) or to the original BDC(s) (not including re-entry BDCs) of their personally sponsored UnFranchise Owners who are eligible for such assignment as provided in this Section.

(A)    Product Orders: Orders must be paid for by the UnFranchise Owner purchasing the product. The assignment of BV/IBV for UnFranchise AutoShip orders follows standard placement guidelines as provided in this Chapter. The option for assignment of excess/overflow BV/IBV is offered at sign-up for the UnFranchise AutoShip program and may be changed when desired. 

(B)    Sale Of Product To UnFranchise Owners: An UnFranchise Owner may sell product to another UnFranchise Owner. However, the purchasing UnFranchise Owner must make the check or money order payable to Market America. The order shall be assigned to the purchasing UnFranchise Owner’s BDC(s), and the product must be shipped to the selling UnFranchise Owner.

(C)    Sale Of Product To Sales Representatives: Sales Representatives may purchase products from UnFranchise Owners. UnFranchise Owners may purchase product with those monies assigning Business Volume (BV) and/or Internet Business Volume (IBV) at their discretion (as long as it is assigned to either the purchasing UnFranchise Owner’s own personal BDC(s) (including re-entry BDCs) or to the original BDC(s) (not including re-entry BDCs) of their personally sponsored UnFranchise Owners who are eligible for such assignment.

(D)    Assignment of BV/IBV for UnFranchise AutoShip Orders: The assignment of BV/IBV for UnFranchise AutoShip orders follows standard placement guidelines as provided in this Chapter. The option for assignment of excess/overflow BV/IBV is offered at sign-up for the UnFranchise AutoShip program and may be changed when desired.

(E)    Incomplete BV and/or IBV Assignment Guidelines:  

         (1)    Incomplete BDC Information: If the BV/IBV assignment on a product order form is incomplete as to which BDC(s) to assign the BV/IBV, then the BV/IBV will be placed in the BDC-001 of either the indicated UnFranchise Owner or the UnFranchise Owner for whom the order was placed (the filing UnFranchise Owner).

                  (a)    If on the product order form the UnFranchise Owner(s) to whom the BV/IBV is to be assigned is clearly indicated and is in the computer system, but the BDC is unclear, then the BV/IBV will be assigned to the indicated UnFranchise Owner’s BDC-001.  

                  (b)    If on the product order form the UnFranchise Owner(s) to whom the BV/IBV is to be assigned is not clearly indicated and/or is not in the computer system, then the BV/IBV will be assigned to the BDC-001 of the UnFranchise Owner for whom the order was placed (the filing UnFranchise Owner). 

         (2)    Incomplete BV and/or IBV Amount Information: If the BV/IBV assignment on a product order form is incomplete as to the amounts of BV/IBV to be assigned to multiple BDCs, then any BV/IBV amounts which can be definitively assigned will be assigned as requested, and the remaining BV/IBV amount in dispute will be assigned among the remaining BDCs as the BV/IBV amount permits.

                  (a)    Normal Sequence of BV and/or IBV Assignment: BV/IBV will be assigned according to the normal sequence of BV/IBV assignment on the product order form, in order starting from box #1 and ending with box #5.B, regardless whether it is actually a first-time order or not. If the BV/IBV amount information is incomplete for any step in the normal sequence of BV/IBV assignment on the order form, then Data Processing will skip to the next step in the normal sequence, until all BV/IBV amounts that can be definitively assigned are assigned. Then Data Processing will go back through the normal sequence of BV/IBV assignment to any boxes that are not resolved, and assign any remaining BV/IBV. The only exception to this is for first-time orders on which Box #2 is indicated (see below).

                           (i)    Box #2 — First-time Order: If any part of box #2 is indicated on the filing UnFranchise Owner’s first-time order, the normal sequence of BV assignment for box #2 is as follows:

                                    (a)    200 BV, BDC-001;

                                    (b)    50 BV, BDC-002;

                                    (c)    50 BV, BDC-003

                                    (d)    any additional amount requested for BDC-002;

                                    (e)    any additional amount requested for BDC-003.

                                    If there is BV requested to be assigned elsewhere, then it will be assigned only after the sequence for box #2 is completed.

                                    If there is no other BV indicated to be assigned elsewhere and there is an overage of BV after completing all five steps for Box #2 indicated above, then all additional BV will be assigned to BDC-003.

                           (ii)    Box #2 — Non First-time Orders: If any part of box #2 is indicated on any order after the filing UnFranchise Owner’s first-time order, the normal sequence of BV assignment for box #2 is as follows:

                                    (a)    any amount requested for BDC-002;

                                    (b)    any amount requested for BDC-003.

                                    If there is BV requested to be assigned elsewhere, then it will be assigned only after the sequence for box #2 is completed.

                                    If there is no other BV indicated to be assigned elsewhere and there is an overage of BV after completing both steps for Box #2 indicated above, then all additional BV will be assigned to BDC-003.

                  (b)    Box #3 — Re-entries: If any part of Box #3 is indicated, then any BV indicated will be assigned as available to the filing UnFranchise Owner.

                                             (i)    If the re-entry request is valid, then the BV will be assigned to the re-entry BDC.

                                             (ii)    If the re-entry request is invalid, then the BV will be assigned to the filing UnFranchise Owner’s BDC-001. 

                  (c)    BV and/or IBV Overage: If there is more BV/IBV on the order than the UnFranchise Owner has indicated and the excess/overflow has not been assigned, the remaining BV/IBV will be assigned to the last BDC in the Data Processing placement sequence for that particular order.

                  (d)    Splitting BV and/or IBV Evenly: The only time BV/IBV will be split evenly among multiple BDCs indicated will be when no BV/IBV amounts are indicated for any of the remaining BDCs, so that Data Processing can in no way determine the intended amounts to be assigned to those remaining BDCs.

(F)    Eligibility of Personally Sponsored UnFranchise Owners for Assignment of BV/IBV: An UnFranchise Owner may assign BV/IBV to the original BDCs of their personally sponsored UnFranchise Owners who have 1) exercised the Monthly Accrual Option by ordering UFMS and placing the requisite PBV, as the paying ID, into their BDC-001 (D-50BV; C-100BV; EC and above-150BV), by the end of their previous Q-month and 2) registered a standing monthly UnFranchise AutoShip order and have had a successful AutoShip pull in their previous Q-month (T or W status).

The only exceptions to the requirement of a successful UnFranchise AutoShip pull for volume assignment is for new personally sponsored UnFranchise Owners in their first three-Q-date period who have submitted an UnFranchise AutoShip Form and had it entered into the computer database or where the UnFranchise AutoShip status is in a warning status. 

If any personally sponsored UnFranchise Owner has had UnFranchise AutoShip canceled for any reason (other than company error), then the requirement for a successful pull before the sponsor can assign BV/IBV to that UnFranchise Owner’s original BDC(s) will apply if that UnFranchise Owner reinstates UnFranchise AutoShip.

Note: Volume assignment is not available to the BDCs of personally sponsored HP1 UnFranchise Owners.

(G)    UnFranchise Owners Not Personally Sponsored: Business Volume (BV) and/or Internet Business Volume (IBV) attempted to be assigned to BDCs of UnFranchise Owners not personally sponsored by the purchasing UnFranchise Owner or to personally sponsored UnFranchise Owners who are not eligible for volume assignment, will result in the BV and/or IBV being assigned to the paying UnFranchise Owner’s BDC-001. UnFranchise Owners who do not have sponsorship rights due to Same Household, etc., may not have BV/IBV assigned to their personal BDC(s) by other UnFranchise Owners, including the UnFranchise Owner who originally sponsored them into the business. If such UnFranchise Owner regains sponsorship rights, then their sponsor would again be allowed to assign BV/IBV to the personally sponsored UnFranchise Owner’s original BDC(s) (not including re-entry BDCs), provided the personally sponsored UnFranchise Owner is eligible for assignment. 

(H)    Personally Sponsored UnFranchise Owners’ Re-entry BDCs: Business Volume (BV) and/or Internet Business Volume (IBV) attempted to be assigned to re-entry BDCs of personally sponsored UnFranchise Owners will result in the BV and/or IBV being assigned to the personally sponsored UnFranchise Owner’s BDC-001.

(I)    BV and/or IBV Assignment Deadlines: For assigned Business Volume (BV) and/or Internet Business Volume (IBV) to count for a given week-ending Friday, the following deadlines apply:

         (1)    Mailed/Overnight Mail orders must be received by 1:59 p.m. ET. 

         (2)    Faxed and 800 telephone orders must be received by 4:59 p.m. ET.

         (3)    Orders placed by Preferred Customers through the UnFranchise® Owner’s company-created websites (e.g. SHOP.COM sites, mini website etc.), and AutoShip, processed through Market America’s merchant account, must be placed by 4:59 p.m. ET.

         Note: If the UnFranchise Owner has iTransact merchant services, then Preferred Customer orders placed through the SHOP.COM site and Mini Websites are handled by the UnFranchise Owner and the below deadlines will apply for those orders forwarded to Market America to be filled. UnFranchise AutoShip orders are processed through Market America’s merchant account for all UnFranchise Owners, whether or not they have iTransact, so the above deadline will apply for those orders.

         (4)    Electronic Orders by UnFranchise Management System (UFMS) members must be received by 11:59 p.m. ET. 

         (5)    Electronic orders by non-UFMS members must be received by 4:59 p.m. ET.

         Note: If Market America determines that the UFMS is not functioning correctly from the corporate office for an unacceptable amount of time, UFMS members have until 1:59 p.m. ET on Saturday to fax orders using an approved and registered credit card or “credit on account” as the method of payment. The UFMS member must print clearly at the top of the order form “UFMS Problem – please consider for week ending xx/xx/xx.”  No other orders will be accepted.  

         Note: The determination to extend the normal ordering deadline is completely at the discretion of Market America. If Market America determines that there was not enough downtime to warrant an extension past the 11:59 p.m. ET deadline for Online Electronic Ordering, then any orders received by Market America after 11:59 p.m. ET will be credited for the following week. 

 

SEC. 12    COMMERICAL QUOTE

UnFranchise Owners (UFOs) who are members of the UnFranchise Management System (UFMS) may request a quote for reduced pricing on Market America branded products being sold to commercial establishments for onsite use (e.g., cleaning supplies, coffee, personal care, etc.), or to establishments for resale provided the establishment generates greater than 51% of its revenue from selling a service (e.g., spas, salons, pet care, etc.). 

(A)    Limitations:

         (1)    After obtaining a commercial quote for specified products, only a minimum order of $2,500 excluding tax and shipping will be accepted.

         (2)    UFOs that are UFMS members may not obtain commercial quotes for any UFO who is not a UFMS member.

         (3)    Commercial quotes on Health and Nutrition supplements will not be given.

         (4)    If a commercial quote is approved for a reduced price per unit, the BV credited per unit will also be adjusted.

         (5)     If products are for resale, selling for less than the Suggested Retail Price is prohibited.

         (6)    Only one (1) Commercial Quote Request Form per commercial establishment shall be considered for approval at a time.

(B)    Registration Procedure 

         (1)    The Commercial Quote Request Form must be filled out completely, or it will be returned to the UFO.  

         (2)    The Product and Pricing section (page 2 of the Commercial Quote Request Form) must be filled out completely (Product Name, Product ID#, Quantity, Reason for special quote, and Target Price per unit), or the Commercial Quote Request Form will be returned to the UFO.

         (3)    In addition to the Commercial Quote Request Form, the following documents must be attached to the commercial establishment’s initial (first time only) Commercial Quote Request Form:

                  (a)    A photograph of the commercial establishment’s physical location with the address clearly visible.

         (4)    The Commercial Quote Request Form can be mailed, faxed or emailed to Commercial Accounts Coordinator (see page 3 of the Commercial Quote Request Form, Additional Details and Instructions).

         (5)     Confirmation of Commercial Quote Request Form approval or denial email will be provided within five (5) business days. (“Commercial Quote Approval/Denial Letter”). UFOs may receive a phone call confirming receipt of the Commercial Quote Approval or Denial Letter.

(C)    Approval

         (1)    A Commercial Quote for the respective commercial establishment is valid for 90 days from the date of approval.

         (2)    After 90 days, the commercial quote will expire and a new Commercial Quote Request Form must be submitted.

         (3)    If an order using the commercial quote is received after the 90-day approval period, the order will be returned to the UFO unprocessed.

(D)    Ordering

         (1)    Orders must be submitted to the company using the standard order form in the “Downloads” section on UnFranchise.com.

         (2)    If any of the following are not met, the order will be returned to the UFO:

                  (a)     The order must contain only products that were approved on the Commercial Quote Request Form;

                  (b)     The order must total greater than $2,500 excluding tax, administration and shipping charges; and

                  (c)     A copy of the Commercial Quote Approval Letter must accompany the order form when submitted.

(E)    Termination of Commercial Quote Account

         (1)    Market America reserves the right to rescind approved commercial quote accounts if it is discovered that the respective service establishment is selling product below suggested retail price and/or selling products to another UFO or preferred customers registered to another UFO.