Chapter 20: Internet and WebCenter Policies

 

 

Market America’s Internet and WebCenter policies cover all forms of Internet activity related to Market America, including, but not limited to, Secondary Websites, auction sites, social networking sites, weblogs/blogs, classified ads, message boards, email communications, and WebCenters. For purposes of this Internet and WebCenter policy, Secondary Websites shall mean any UnFranchise Owner® website with its own unique URL that promotes Market America products or the Market America business opportunity, other than the Market America Custom Websites, Mini-Websites, maWebCenters® and Mini-WebCenters.

 

SEC. 1                MARKET AMERICA WebSITES ARE the Only Permitted PointS of Sale 

(A)     Market America’s Custom Website, Mini-Websites, WebCenters, and Mini-WebCenters are the only accepted points of sale (for example, selling through an online “check out” or “shopping cart” or accepting an online payment) for Market America products and services on the Internet.

(B)     UnFranchise Owners may not supply Market America products to a non- UnFranchise Owner with the knowledge or suspicion that the non-UnFranchise Owner intends to market the products over the Internet. UnFranchise Owners must immediately cease and desist from supplying products to a non-UnFranchise Owner upon learning that the products are being marketed on the Internet.

 

SEC. 2                No Sales or Advertising of MARKET AMERICA Products on Online Auction OR Shopping Sites

(A)     Market America UnFranchise Owners may not sell any Market America products or services through online auction websites, including, but not limited to, eBay or Yahoo!, nor place any advertisement or promotion of Market America or its products or services on such sites.

(B)     Market America UnFranchise Owners may not sell any Market America products or services through online shopping websites, including, but not limited to, Amazon.com, nor place any advertisement or promotion of Market America or its products or services on such sites.

 

SEC. 3                All Secondary WebSites Seeking to Promote Market America or Market America Products               Must Be Registered

(A)     Secondary Websites are permitted only if they are registered with Market America’s Compliance Department before they are posted for public access on the Internet. 

(B)     Registration can be completed by emailing the URL of your website to webregistration@marketamerica.com.

(C)     All registered Secondary Websites must prominently display a registration number in the bottom right corner of the landing page of the Secondary Website.

(D)     Registration of a website does not constitute approval of the website’s content, and all websites are subject to Market America’s periodic review to confirm compliance with the Market America Internet policy.

(E)     Any Secondary Website that has not been registered in compliance with Market America’s Internet policy must be taken down immediately. UnFranchise Owners who are contacted by compliance personnel will not be permitted to keep the site posted while changes are being made to bring the site into compliance. UnFranchise Owners who own or control websites that violate this registration policy are subject to having their access to their UnFranchise Business Account blocked without prior notice, in addition to being subject to the Corrective Action Procedure and other appropriate remedies.

 

SEC. 4                UnFranchise Owners Must Properly Represent Their Status

(A)     Any UnFranchise Owner communicating through the Internet must use the word “independent” to describe their status, for example, by using the term “Independent UnFranchise Owner.” 

(B)     If the title or page of any Secondary Website, message board, social networking site, or any profile pictures or weblog/blog references Market America or contains any Market America trademark or trade name, the title or page must also include the words “unofficial,” “Independent UnFranchise Owner.”

 

SEC. 5                Only Approved Claims and Testimonials May Be Used to Promote/Market MA® Opportunity
                           or Products

(A)     UnFranchise Owners may only make the precise claims concerning Market America products or services and income claims that appear in official company literature or publications. All other claims are strictly prohibited. Note: In Canada, UnFranchise Owners making income representations must provide the average income of a typical Canadian UnFranchise Owner (average income is prepared by Market America annually).

(B)     UnFranchise Owners may not make any unauthorized testimonials concerning Market America products or services, the marketing plan, or the company via any forms of communication on the Internet.

 

SEC. 6                Distribution of Unauthorized Content is Prohibited

UnFranchise® Owners may not distribute materials or make statements in any form on the Internet that:

(A)     Use any Market America copyrighted material, including but not limited to materials from Market America websites, publications or presentations, or recorded webinars or tutorials of any kind;

(B)     Depict the Market America business plan;

(C)     Misuse the name or likeness of any Market America executive or employee, or the trademarks or trade names of Market America’s partner stores (direct or indirect partners); or

(D)     Disparage or defame Market America, including, but not limited to, Market America’s related companies, subsidiaries, officers, directors, employees and other UnFranchise Owners.

However, UnFranchise Owners may distribute materials on the Internet that are provided to them through the downloads section on their UnFranchise Business Account including, but not limited to, pre-approved Banner Ads and Sponsored Ads.

SEC. 7                FREE SHIPPING ADVERTISING; No PRODUCT Discount Advertising

UnFranchise Owners may advertise “Free Shipping”. However, UnFranchise Owners may not list or advertise any products below the Suggested Retail Price. Any other reference to product prices, discounts, additional units for the same price, or the use of the terms “discount,” “free,” or any other terms that suggest discount pricing or favorable financial terms below the Suggested Retail Price of products, is strictly prohibited.

SEC. 8                NO Contact Information Besides an UnFranchise Owner’s Website, Mini-Websites, WebCenters,
Mini-WebCenters

Contact information, other than the URL of a Market America website, as a means towards purchasing Market America products, is prohibited. For example, UnFranchise Owners may not display a toll free number, email address, mailing or postal address, or link to a third-party website as a way in which a potential customer can contact the UnFranchise Owner to purchase product; however, linking to the contact information on the UnFranchise Owner’s Website is acceptable.

SEC. 9                “Ad Word” Advertising: Must Use Market America-prepared Ads/Accurate Disclosure of Domain Names

(A)     Only pre-approved Sponsored Ads, provided to Market America Website owners through the download section of a UnFranchise Owner’s UnFranchise Business Account, may be submitted to search engines, either directly or by proxy (for example but not limited to, using a pay-per-click service). The use of any other ads for this type of advertising is expressly prohibited regardless of the ad’s content. UnFranchise Owners may submit proposed ads for review by Market America by sending them in an email to Internet compliance@marketamerica.com with the words “Online Ad Request” in the subject line.

(B)     Ads may not disguise the UnFranchise Owner’s domain name to appear as a Market America domain name.  For example, a Sponsored ad for Isotonix® may not show the domain name as www.marketamerica.com, but must show as www.marketamerica.com/[YOUR WEBSITE NAME].

SEC. 10              Limited License to Use Market America Intellectual Property

(A)     Copyrights: Market America grants a limited license to its Independent UnFranchise Owners to use and display current Market America product images and logos (but not Partner Store images and logos) from www.marketamerica.com on the Internet for marketing and promotional purposes only; provided, however, that such images may not be altered in any way. For example, current images of bottles or product packaging for Market America-branded products can be used.

(B)     No other images, photographs, or logos contained on any Market America website may be used on Secondary Websites or for other Internet uses.

(C)     Secondary Websites or other Internet use may not copy the “look and feel” of any Market America websites or publications.

(D)     Trademarks:  Market America grants a limited license to its Independent UnFranchise Owners to use and display Market America’s brand and product names; provided, however, that such use must contain the appropriate trademark designation as shown on www.marketamerica.com.  For example, “OPC-3®”, not “OPC-3” or “OPC-3TM”.

(E)     The use of meta tags and key words with Market America’s trademark brand and product names is permitted.

(F)     Market America owns the copyright to all Market America-created videos. UnFranchise Owners may embed or link to such videos on Secondary Websites and social networking sites, but may not download, copy, transfer, sell, or make any other use of Market America-created videos without Market America’s written permission.