Chapter 19: Advertising and Promotion

 

 

Market America recognizes advertising and promotion can be viable methods for Independent Distributors to build their businesses. However, strict regulations are necessary to maintain an effective and ethical marketing effort. These regulations are a part of the Independent Distributor Application and Agreement between Market America and its Distributors.

Non-compliance with the advertising regulations by a few Distributors can have severe consequences for all Independent Distributors. Failure by Distributors to comply with the policies, procedures, rules and regulations set forth in this section may result in the termination of Distributor status and the loss of future income with the company. Distributors found intentionally violating these provisions, which, in particular, affect our goodwill and reputation with federal, state, provincial or local regulatory agencies, may have their Distributor contract terminated and/or be reported to the proper authorities. In addition, Market America may elect to take legal action against those who violate Market America’s advertising policies, procedures rules and regulations.

SEC. 1                Advertising

Any notice designed to attract public attention or patronage, including but not limited to training materials, flyers, display ads, bulletins, newsletters, email, website advertising and even a personal letter, can be a method of advertising.

(A)     Approved Literature: Only official Market America literature offered by the company may be used in representing the Market America home-based business and/or the Market America Management Performance Compensation Plan. Company literature may not be duplicated, copied, or reprinted without written consent from the company.

(B)     Approved Advertising/Materials: Only company-approved materials, as provided by the UnFranchise® Management System or as authorized by the company, may be used in placement of advertising in any print media. Distributors may only use income or product claims published and approved by Market America. Use of unauthorized income or product claims is grounds for initiation of Corrective Action Procedures by the company. Unauthorized income or product claims are not permissible even if neither Market America’s name nor product names are used in the advertisement or claim. Note: In Canada, Distributors making income representations must provide the average income of a typical Canadian Distributor (average income is prepared by Market America annually).

(C)     Use Of Proprietary Materials/Intellectual Property: No person or entity shall use any Market America name, logo, trademark, trade name, or copyrighted material (hereafter referred to as “intellectual property”) in any advertising not produced by Market America or its authorized agents without written permission from Market America.

(D)     Authorized Use Of Company Name: Use of the company name on any item not produced by the company is prohibited except in the following manner:

NAME

Independent Distributor

Market America, Inc.

- OR -

NAME

Independent UnFranchise® Owner

Market America, Inc.

SEC. 2                Media

Distributors are prohibited from using radio, television and Internet advertising, and public appearances to publicize Market America, its compensation program, or home-based business opportunity without prior written approval from the company.

SEC. 3                Audio/Video Materials

Distributors may not produce for sale any recordings of company or NMTSS events or speeches without written permission from Market America, nor may they reproduce for sale or for personal use any recording of company-produced presentations in any format.

SEC. 4                Telephone

Distributors may not answer the telephone by saying, “Market America,” or in any other manner that would lead the caller to believe that they have reached an office of the company.

(A)     Answering Service: If Distributors have an answering service or a telephone answering machine that mentions Market America, the message must indicate their Independent Distributor status.

(B)     Listings: Distributors may be listed in a telephone directory in one of the following ways only:

John Doe

Market America Independent Distributor

Address and Telephone Number

- OR -

Market America Independent Distributor

John Doe

Address and Telephone Number

(C)     Telemarketing: Distributors may not use outgoing recorded messages to promote Market America products or solicit new Distributors. Such activity is regulated or restricted by statute or ordinance in many states or local jurisdictions, and is strictly forbidden.

(D)     Telephone Solicitation: If Distributors engage in telephone solicitation, they must introduce themselves as Independent Distributors of Market America and may not engage in any representation inconsistent with their independent Distributor status and relationship to Market America. Distributors must also familiarize themselves and comply with any applicable federal and/or state laws that prohibit or limit acts of unsolicited telephone calls, including state and/or federal “no call lists.”

SEC. 5                Stationery/Business Cards

Any printed materials, including business cards and stationery, must be of good quality materials, professionally done, and properly stating the independent status of the Distributor. Do not use the Market America logo on personal business letterhead, newsletters, advertisements, electronic cards or communications without stating Independent Distributor status.

SEC. 6                Solicitation by Mail

Market America has no affiliation with any direct sales, network marketing or multi-level marketing company. DO NOT send solicitations for any other product, service or marketing plan in the same envelope or package with Market America literature.

SEC. 7                Fairs/Tradeshows

A Market America Distributor may discuss and provide products as long as it is done in good faith and taste. The promotion of other companies’ products or services in the same “booth” is strictly prohibited and violation may be grounds for termination.

SEC. 8                Advertising/Promotion Materials Approval Process

If Distributors have an idea for advertising, literature or promotion, they should submit a request for approval in writing to ad-request@marketamerica.com including the following information:

(A)   Sample of proposed item for review in final form.  It should look exactly the way the Distributor would like to have it look when it is published.

(B)   Detailed information regarding the intended use of the item.  For example, if the Distributor wants to run an advertisement in the local newspaper, the request should include the name of the newspaper and the dates the advertisement would run.

(C)   Any additional relevant background information.

Requests will be reviewed in the order in which they are received. Distributors should allow 7-10 business days for the review process.

SEC. 9                Enforcement of Advertising and Literature Policy

Executive Coordinators sign the Executive Coordinator Agreement promising to execute the terms and conditions of that agreement as part of their right to receive continued compensation (commission) in the MPCP.

(A)     Responsibility: Executive Coordinators are required to oversee and enforce these policies by reporting infractions to the company. Failure to enforce these policies within their organization may result in compensation being withheld until the matter is resolved.

(B)     Violation: Distributors copying or using copied company literature and/or producing their own literature or advertisements without receiving written approval from Market America may be subject to sanctions, including but not limited to written warnings, a demand that the unapproved material be destroyed, Group Business Volume being flushed (erased to “0”), and termination, at the sole discretion of the company.

SEC. 10              Generic Literature/Business-Building Materials

Only generic materials approved for use by Market America may be used in conjunction with Market America activities. A list of approved generic materials may be obtained from the Director of NMTSS.

(A)     Sale Of Generic Materials: Distributors shall not sell generic sales aids as part of their Market America business. They can, however, refer individuals interested in buying an item not offered by the company to the appropriate place to purchase the item (e.g., refer the Distributor to a bookstore to purchase a book that has helped you to be successful). Items on the Approved Generic Sales Aid list shall not be sold directly by Distributors, even if there is no profit involved.

(B)     Obtaining Generic Materials: Distributors may only purchase for use in their Market America business generic sales aids or business-building materials that are on the Approved Generic Sales Aid list.

(C)     Obtaining Approval Of New Materials: If Distributors identify generic material they think may be of help to other Distributors, they can submit the item and a written proposal to their upline Advisory Council Member for review.

(1)     If the Advisory Council Member determines the item of merit and value, he/she shall submit the item to Market America’s Advisory Board for review and consideration.

(2)     If approved by the Advisory Board, the generic item will be added to the Approved Generic Sales Aid List.

 

 

Last Modified :09/16/2014 5:49:04 PM EDT