Chapter 13: Miscellaneous UnFranchise Owner Rights and Obligations
SEC. 1 PROPRIETARY AND TRADE SECRET AND CONFIDENTIAL INFORMATION
(A) UnFranchise Owners’ Responsibility: UnFranchise Owners may be given access to certain confidential information, reports, and material regarding Market America’s business, including but not limited to; UnFranchise Owner lists, UnFranchise Owner and customer contact information, UnFranchise Owner financial data, a UnFranchise Owner’s personal and/or group sales volume(s), linkage and/or genealogy information, the GMTSS, Market America voicemail system, business building/marketing materials (printed, web-based, social media, on film, magnetic media produced by sound recording or otherwise embodied, are copyrighted and/or trademarked/service marked, whether such claim or mark is registered, or in the process of such) (collectively “Proprietary and Confidential Information”). All Proprietary and Confidential Information belongs solely and exclusively to Market America and its affiliates and constitutes its trade secrets. UnFranchise Owners have no claim, right, or title to any of the Proprietary and Confidential Information; and that the Proprietary and Confidential Information is provided to UnFranchise Owners in strictest confidence and is made available to UnFranchise Owners for the sole purpose of assisting in building and growing their Market America business.
To protect the Proprietary and Confidential Information, UnFranchise Owners shall not, on their behalf or on behalf of any other person or entity, directly or indirectly:
(1) Disclose or disseminate any Proprietary and Confidential Information to any other person or entity;
(2) Provide access to any password-protected sections of Market America’s websites and associated social media pages containing Proprietary and Confidential Information to any other person or entity;
(3) Use Proprietary and Confidential Information for any purpose other than the conduct and promotion of your Market America business, including but not limited to recruiting any UnFranchise Owner for any Competing Company;
(4) Use Proprietary and Confidential Information to attempt to influence or induce any UnFranchise Owner, customer, or employee of Market America to cease or alter their business relationship with Market America; or
(5) Reproduce Proprietary and Confidential Information in whole or in part for any UnFranchise Owner or any other person except as authorized in writing by Market America to ensure the quality, integrity, and service of these valuable business assets remains protected.
Upon termination or cancellation of the IUA&A, the UnFranchise Owner must return all Proprietary and Confidential Information in its entirety to Market America.Responsibility: s'nchise owner rights and obligations (B) of this section,
(B) UnFranchise Owner Liability for Breach of Confidentiality by Agent: UnFranchise Owners may choose to hire one or more employees, agents, consultants and/or contractors (Agents) to assist them in the operation of their Market America business. An UnFranchise Owner will be solely responsible and liable to Market America (or to a Preferred Customer or other UnFranchise Owner) for any breach or misuse of the Proprietary and Confidential Information by the UnFranchise Owner or his/her Agent. Therefore, Market America strongly encourages any UnFranchise Owner with an Agent, to require the Agent to sign a binding Proprietary and Confidentiality Agreement, prior to the disclosure of any Proprietary and Confidential Information to the Agent.
An UnFranchise Owner will indemnify and hold harmless Market America, its owners, shareholders, officers, agents, representatives and employees from and against, any and all liability arising from any breach of confidentiality made by the UnFranchise Owner, or any Agent of the UnFranchise Owner.
SEC. 2 INDEMNIFICATION OF MARKET AMERICA
Each UnFranchise Owner agrees to indemnify and hold harmless Market America, its officers, agents and directors against any claims, demands, liability, loss, cost or expense, including, but not limited to, attorney’s fees arising or alleged to arise in connection with that Independent UnFranchise Owner’s business.
SEC. 3 VENDOR/MANUFACTURER INFORMATION
UnFranchise Owners may not communicate (including phone calls, emails, etc.) directly with Market America’s manufacturers, suppliers or vendors without written permission from Market America (the only exception being acceptable contact at corporate-sponsored events).
(A) Vendor Contact/Communication: UnFranchise Owners may not, under any circumstances, arrange for Market America manufacturers, suppliers or vendors to attend meetings, speak at meetings, or conduct product training.
(1) Market America will make all arrangements, and only Market America shall book such engagements (i.e. training) periodically.
(2) Violation of this policy is grounds for immediate termination.
(B) Product Information: Additional product information, as needed, shall be obtained only through contacting the Market America Product Information Department.
(C) Prohibition of Benefits: UnFranchise Owners are not permitted to receive commissions, free or discounted products, bonuses, nor any other benefit from any current or prospective vendor, manufacturer or supplier to Market America, for arranging contact between Market America and the vendor, manufacturer or supplier.
SEC. 4 VOICE MAIL ACCESS TO MARKET AMERICA GROUPS
Market America has arranged with its approved voice mail provider to provide voice mail services for Market America UnFranchise Owners. UnFranchise Owners who purchase voice mail services will sign a separate agreement with the voice mail provider. However, Market America reserves the exclusive right to determine who has access to other Market America UnFranchise Owners through the voice mail provider through which Market America arranges voice mail service for its UnFranchise Owners.
(A) Policy Violations Investigations: If Market America receives information that an UnFranchise Owner has breached his/her Independent UnFranchise Owner Application and Agreement or violated the company’s policies and procedures, Market America may, at its sole discretion, instruct the voice mail provider to block the UnFranchise Owner’s access to other Market America UnFranchise Owners through the voice mail system. Market America will promptly review the evidence of the UnFranchise Owner’s breach or violation and notify him/her whether, or under what circumstances, Market America will instruct the voice mail provider to remove the block on his/her voice mail.
(B) Cancellation of UnFranchise Owner Contract: If Market America cancels or does not renew the UnFranchise Owner’s Independent UnFranchise Owner Application and Agreement, or if the UnFranchise Owner otherwise ceases to be an active Market America UnFranchise Owner for any reason, Market America may, at its sole discretion, instruct the voice mail provider to block the UnFranchise Owner’s access to other Market America UnFranchise Owners through the voice mail system.
(C) Right to Service: If for any reason Market America instructs the voice mail provider to block a UnFranchise Owner’s or former UnFranchise Owner’s access to other Market America UnFranchise Owners through the voice mail system, the blocked UnFranchise Owner will have the option to continue his/her voice mail service, under the terms of his/her agreement with the voice mail provider, without access to the Market America voice mail groups.
SEC. 5 CHECK WRITING PRIVILEGES
All UnFranchise Owners (including Sales Representatives) initially have Check Writing Privileges. They simply need to sign on the appropriate line of the Independent UnFranchise Owner Application and Agreement and enter their driver’s license number.
(A) Rights: This service allows UnFranchise Owners to write personal checks to Market America for orders and services.
(B) Limitations:
(1) The limit on personal checks received per day from non-UnFranchise® Management System (UFMS) members is the sum total of $1,000.00 (e.g., two checks for $500, one check for $1,000, four checks for $250, etc.). The total shall not exceed $1,000.00 per day from non-UFMS members or the order(s) will be held 15 business days.
(2) The limit on personal checks received per day from UFMS members is the sum total of $2,500.00. The total shall not exceed $2,500.00 per day from UFMS members or the order(s) will be held 15 business days.
(3) Counter checks or starter checks will not be accepted. Orders with counter checks or starter checks as payment will be returned to the UnFranchise Owner unfulfilled.
(4) All first-time (initial) orders paid by the new UnFranchise Owner’s personal check will enter the 15-business-day hold process. It is highly recommended that a money order or cashier’s check be used for the first order.
(5) Only UnFranchise Owners’ checks will be accepted. Orders placed using a non-UnFranchise Owner’s check will have the order and check returned unprocessed.
(6) Checks written with errors will result in the order and the check being returned to the UnFranchise Owner unprocessed.
(7) Market America will not accept credit card checks. Orders placed using a credit card check will have the order and check returned unprocessed.
(8) Checks must have the account holder’s name and address printed on them by the bank. Orders with checks that do not have the account holder’s name and address printed on them by the bank will be returned to the UnFranchise Owner unfulfilled.
SEC. 6 NON-SUFFICIENT FUNDS (NSF)
This policy is applicable to returned personal checks, and electronic checks on the website, bounced drafts or bank errors: “Bounced draft” refers to any draft (bank draft UnFranchise AutoShip) returned for the following reasons: NSF, stop payment, account closed, authorization revoked, etc.
(A) Returned Personal Checks, Electronic Checks on the Website, and Bounced Draft Policies:
(1) All returned checks and drafts will incur a $25.00 service charge. The UnFranchise Owner must include payment for both the check or draft amount and service charge in order to clear any returned check or draft.
(2) All returned checks or drafts must be cleared with a credit card, money order, cashier’s check, or certified check. No personal checks will be accepted.
(3) UnFranchise Owners must clear bounced checks or drafts within 10 business days beginning the day Market America receives notification from the bank. If the check or draft is not cleared within 10 business days beginning the day Market America receives notification from the bank, the paying UnFranchise Owner will lose Check Writing Privileges, which means Market America will no longer accept that UnFranchise Owner’s personal or electronic check. If the check or draft is not cleared within the 10-business-day period, the paying UnFranchise Owner also loses Bank Draft Privileges — bounced checks count as bounced drafts, and vice versa. Any orders received by Market America with a personal check will be returned unprocessed to the UnFranchise Owner with a letter stating that he/she must resubmit the order with an acceptable form of payment. If an electronic check order is attempted via the website, the computer system will prohibit the order from being processed.
(4) If a bounced check is cleared within 10 business days beginning the day Market America receives notification from the bank, and it is the paying UnFranchise Owner’s first NSF situation, he/she will have Check Writing Privileges restored and will retain Bank Draft Privileges. If the paying UnFranchise Owner is already on the draft system, the draft will not be canceled.
(5) If UnFranchise Owners bounce one draft, they will be terminated from the bank draft system, regardless if cleared within 10 business days or not. However, if the draft is cleared within 10 business days beginning the day Market America receives notification from the bank, and it is the paying UnFranchise Owner’s first NSF situation, he/she will have Check Writing Privileges restored.
(6) If UnFranchise Owners are no longer allowed on the bank draft system, they can get on UnFranchise AutoShip with a credit card.
(7) If an UnFranchise Owner has two NSF situations of any combination, that UnFranchise Owner’s Check Writing Privileges are terminated. A bounced draft counts as a bad check. For example: if an UnFranchise Owner has already bounced a check with the company, then bounces a draft, his/her Check Writing Privileges are terminated. Any orders sent to the company with a personal check after a UnFranchise Owner is terminated from Check Writing Privileges will be sent back to the UnFranchise Owner with a letter stating that he/she must resubmit the order with an acceptable form of payment. If an electronic check order is attempted via the website, the computer system will prohibit the order from being processed.
(8) The first time an UnFranchise Owner loses Check Writing Privileges he/she is not allowed to write a personal check or use the electronic check ordering option on the website for at least one year. After one year the UnFranchise Owner may reapply for Check Writing Privileges, if all previous NSF situations were cleared within 10 business days beginning the day Market America receives notification from the bank. If any previous NSF was not cleared within 10 business days, or if the UnFranchise Owner had more than two NSF situations, then the UnFranchise Owner may not reapply for Check Writing Privileges. To reapply for Check Writing Privileges, UnFranchise Owners must mail or fax a letter of request, attention of the Collections Department, which includes the UnFranchise Owner’s name, ID number, and the date of the last cleared check with Market America. Reinstatement of Check Writing Privileges is granted at the sole discretion of Market America. If Check Writing Privileges are reinstated and another NSF occurs at any time, the UnFranchise Owner’s Check Writing Privileges will be canceled permanently.
(9) Commission and bonus checks will be held until all bounced checks or drafts, including any service charge(s), are cleared with Market America. Any individual commission check will be held for only four consecutive weekly commission cycles from the week the commission check would have otherwise been mailed, and if the bounced check or draft has still not been cleared, the commission check(s) will be forfeited.
(10) All orders and any other items (forms, requests to change personal information, etc.) that come in while a bounced check is outstanding will be sent back to the UnFranchise Owner unprocessed with a form letter stating he/she has an outstanding check or draft with the company that needs to be cleared before any new items will be processed. If an electronic check order is attempted via the website, the computer system will prohibit the order from being processed. This includes situations in which someone else pays for the order or in which someone else’s order is being shipped to the UnFranchise Owner with the outstanding check or draft. The only exceptions are orders paid with money order, cashier’s check, or certified check (see below).
(11) If a UnFranchise Owner sends in an order with a money order, cashier’s check, or certified check and there is still an outstanding check or draft, the payment will go towards clearing the debt. If there is not enough money to clear the check or draft, Market America will send the order back unprocessed with a note explaining how the payment was used and what the UnFranchise Owner still owes. If the payment covers the outstanding debt, and there is still money left, Market America will send as much product as possible with the amount left after the check or draft is cleared.
(12) BV cannot be placed in any centers for a UnFranchise Owner that has an outstanding check or draft with the company. This means the sponsor cannot put BV in the UnFranchise Owner’s center by means of a credit card order or a manual order sent or faxed to the company.
(13) UnFranchise Owners on the UnFranchise® Management System (UFMS) cannot use their credit card until their NSF debt is cleared. Upline UFMS members cannot charge orders for these UnFranchise Owners until the outstanding debt is cleared.
(14) All UnFranchise Owners can use their credit card to clear an outstanding balance/debit for themselves or their downline.
(15) Business Volume for all orders having bounced checks or drafts will go in for the day Market America receives acceptable payment to clear the check or draft (including any service charges). However, if the bounced check or draft is not returned by the bank until after Market America has already paid on that Business Volume, then once the check or draft is cleared, the BV will be placed back to the original day of the order.
(16) Any checks or drafts not cleared within 30 days will be turned over to Check Fax for collection. If the check or draft is still outstanding after 30 days, it will be turned over to the Credit Bureau for collections. (This means that the debt goes against the paying UnFranchise Owner’s credit rating.)
(17) If an UnFranchise Owner is on the credit card option for UnFranchise AutoShip and has an outstanding item with Market America over 30 days old, the UnFranchise Owner’s credit card option for UnFranchise AutoShip will be canceled until the returned item is cleared.
(18) No information will be accessible to Market America representatives (other than Collections) through the computer database until all outstanding debts are satisfied.
(19) Stop Payments are considered NSF and are subject to the $25.00 service charge. Market America cannot stop a check submitted from being sent to the bank for processing. If a check is returned to Market America unpaid, it will be considered an NSF incident and will affect that UnFranchise Owner’s Check Writing Privileges. Note: The only exception is if an order was sent by the UnFranchise Owner over two weeks prior, and Market America has still not received the order. In this specific situation, if an UnFranchise Owner wants to place a Stop Payment on the check, he/she should first call the Collections Department at Market America to obtain permission to do so, so that if the order shows up later and the check is deposited by Market America, the NSF will not be held against the UnFranchise Owner’s Check Writing Privileges.
(B) Invalid Account or Cannot Locate Account Drafts: The following guidelines apply only to bank drafts submitted via a mailed UnFranchise AutoShip form. They do not apply to bank drafts set up online.
(1) Market America needs a check for the amount of the draft.
(2) Market America needs the correct banking information. UnFranchise Owners need to contact their bank and ask for their ACH bank account number. This needs to be sent in with the check to clear the returned draft.
(3) Market America will not charge the UnFranchise Owner the $25.00 service charge nor count this as a bad draft as long as it is cleared before the next draft is pulled. If it is not, Market America will cancel all future drafts and there will be a $25.00 service charge because it will be turned over to Check Fax for collections.
(C) Online Checks and Online Bank Drafts: The following guidelines apply specifically to online checks and/or online bank drafts.
(1) Because UnFranchise Owners enter their own banking information when using the electronic ordering option on the website, electronic orders that come back from the bank unpaid for any reason are treated the same as a bounced check or bounced draft (whichever is applicable).
(2) UnFranchise Owners will be charged the $25.00 service charge if an electronic check or draft comes back from the bank unpaid for any reason, and this will also count against UnFranchise Owners’ Check Writing Privileges and/or ability to be on a bank draft.
(D) Bank Error:
(1) If it is a bank error, Market America needs the following information:
(a) A bank letter stating the exact problem in detail (the letter cannot just say it was a bank error).
(b) An account statement identifying sufficient funds on the day the check or draft was presented for payment.
(c) An official check from the bank for the $25.00 covering the Market America returned check or draft service charge.
(d) A money order covering the total of the check or draft.
(2) All the above information must be received within 10 business days beginning the day Market America receives notice from the bank. If all the information is not received within the 10 business days, the decision will be “denied” automatically, and the draft or check will count against the UnFranchise Owner.
(3) Each letter will be handled on a case-by-case basis. Please understand that just because a bank letter is sent doesn’t mean it is approved. It will be further researched, and the UnFranchise Owner will be notified by telephone as to whether it is accepted or denied.
(4) If the letter is rejected or the 10-day period lapses, it will count against the UnFranchise Owner’s Check Writing Privileges and Bank Draft Privileges.
(5) If the letter is accepted, Check Writing Privileges will not be affected.
(6) Even though a bank letter is sent, the BV from the order will be placed for the day Market America receives the money order (not backdated for the original day the order arrived at Market America), unless the BV has already been paid on. Market America can only pay commissions on volume when funds are good for that week’s period.
(7) Please note that if a draft or check is returned again due to a bank error, it will count against the UnFranchise Owner. Market America can only make an exception once for bank errors.
(E) Returning Products on a Non-Sufficient Funds (NSF) Order: Market America reserves the right to authorize the return of products that are currently in marketable and resalable condition to cover NSF situations.
(1) Return Procedure: UnFranchise Owners must write on top of the package “Attn: Collections Department” and include the Return Authorization number (RA#) assigned to the UnFranchise Owner by the Collections Department (if this is not on the package it will be refused by the Market America warehouse).
(a) The package must be sent via a shipper that offers package tracking. Market America also recommends that UnFranchise Owners insure all packages they return to the company.
(b) The service charge must be received by the Collections Department in the form of a money order or cashier’s check.
(2) Return Policy: Market America must receive the package and service charge within 10 business days beginning the day Market America receives NSF notification from the bank.
SEC. 7 MARKET AMERICA PARTNERS IN SUCCESS (MAPS)
MAPS is designed to ensure accountability for upline leadership in meeting their responsibility of managing, training and supporting their downline organizations. This is accomplished by providing a structured program to monitor an upline’s responses to their downline UnFranchise Owners’ requests for assistance, especially in the areas of the Management Performance Compensation Plan (MPCP) and UnFranchise Owners-related personnel issues that should be handled by upline leadership in the field.
(A) Initial Referral: UnFranchise Owners will be referred to their upline leadership whenever they call or contact Market America with any of the following:
(1) Issues or questions which should be handled in training by either the sponsor or upline leadership, especially in relation to the MPCP;
(2) Issues which are clearly established in the current edition of the Market America UnFranchise Manual, or are otherwise accepted as firmly established policies/procedures of Market America;
(3) Issues concerning problems with UnFranchise Owners within one’s organization, which should be directed to upline leadership first.
(B) Upline Leadership Defined: UnFranchise Owners are considered upline leadership if they are active in the business (meeting minimum activity requirements) and have attained the UnFranchise Level of Executive Coordinator or higher. UnFranchise Owners who are referred to their upline leadership through MAPS will be instructed to call the first active upline Executive Coordinator for assistance.
(C) Upline Leadership Response Time: Once an UnFranchise Owner has been referred to the upline as part of MAPS, and the referred UnFranchise Owner has contacted the upline leadership requesting assistance, the upline leader has 72 hours (three business days) from the date of the initial referral to respond to the referred UnFranchise Owner’s request. This does not mean that the issue must be completely resolved by the upline within 72 hours — the issue may not be able to be resolved at all — but that the upline must respond to the referred UnFranchise Owner within three business days.
(D) Resolution of Referral to Upline Leadership: The referred UnFranchise Owner will be instructed by Market America to call back to the corporate office within five business days from the date of the initial referral to inform Market America whether or not the upline leader responded to the request for assistance. If the referred UnFranchise Owner informs Market America that the upline did respond, then the referral is coded as “Resolved.” If the referred UnFranchise Owner informs Market America that the upline did not respond, then the referral is coded as “Not Resolved,” and the referred UnFranchise Owner is then referred to the first Upline Vested Interest UnFranchise Owner (UVI), or if no UVI UnFranchise Owner is identified, to the next upline leader. If the referred UnFranchise Owner does not call Market America back within five business days from the date of the initial referral, then the referral is considered resolved and will be coded as such.
(E) Upline Vested Interest UnFranchise Owner Defined: UnFranchise Owners designated as UVI UnFranchise Owners are determined by Market America to have the greatest financial interest in a particular UnFranchise Owner within their organization. UnFranchise Owners are considered UVI UnFranchise Owners if they meet the following criteria:
(1) UVI UnFranchise Owners generate 300-4,800 GBV per week on the side of their organization where the referred UnFranchise Owner resides.
(2) UVI UnFranchise Owners generate at least 300 GBV on the opposite side of their organization from where the referred UnFranchise Owner resides.
(3) The BDC of the UVI UnFranchise Owner is activated.
(F) Upline Vested Interest UnFranchise Owner Response Time: Once an UnFranchise Owner has been referred to the UVI UnFranchise Owner as part of MAPS, and the referred UnFranchise Owner has contacted the UVI UnFranchise Owner requesting assistance, the UVI UnFranchise Owner has 72 hours (three business days) from the date of the initial referral to respond to the referred UnFranchise Owner’s request. This does not mean that the issue must be completely resolved by the UVI UnFranchise Owner within 72 hours — the issue may not be able to be resolved at all — but that the UVI UnFranchise Owner must respond to the referred UnFranchise Owner within three business days.
(G) Resolution of Referral to UVI UnFranchise Owner: The referred UnFranchise Owner will be instructed by Market America to call back to the corporate office within five business days from the date of the referral to the UVI UnFranchise Owner to inform Market America whether or not the UVI UnFranchise Owner responded to the request for assistance. If the referred UnFranchise Owner informs Market America that the UVI UnFranchise Owner did respond, then the referral is coded as “Resolved.” If the referred UnFranchise Owner informs Market America that the UVI UnFranchise Owner did not respond, then the referral is coded as “Not Resolved,” and the referred UnFranchise Owner is then referred to the next Upline Vested Interest UnFranchise Owner, or if no UVI UnFranchise Owner is identified, to the next upline leader, and so on until the issue is addressed. If the referred UnFranchise Owner does not call Market America back within five business days from the date of the referral, then the referral is considered resolved and will be coded as such.
(H) Notification to Upline Leader/UVI UnFranchise Owner of Referral: Market America will attempt to contact upline leaders and/or UVI UnFranchise Owners to whom UnFranchise Owners have been referred. The only notification given to the upline leader/UVI UnFranchise Owner to whom the UnFranchise Owner is referred is via a voice mail message. All UnFranchise Owners who have reached at least the UnFranchise Level of Executive Coordinator are required to maintain a Market America voice mail extension through the Market America provider. If a valid voice mail extension number is not available to the MAPS representative at the time of the referral, no other notification will be attempted. This attempt to contact the upline is a courtesy only and in no way relieves responsibility from the upline leader/UVI UnFranchise Owner if he/she cannot be contacted by Market America.
(I) MAPS Rating System: At the end of each MAPS quarter, a report will be run to determine which upline leaders/UVI UnFranchise Owners have met their responsibility of managing, training and supporting their downline organizations, and which have not. Those upline leaders/UVI UnFranchise Owners who have failed to meet their managerial/supervisory responsibilities may forfeit commissions as a result of their MAPS rating.
(1) MAPS Quarter Defined: The MAPS quarter is the same for all UnFranchise Owners and is based on a calendar year, although the MAPS quarter-ending date will extend to the week-ending Friday of the week that ends that MAPS quarter. E.g., based entirely on a calendar year, the third quarter of the year 2000 would end September 30, 2000, but because the September 30 falls on a Saturday, the MAPS quarter extends to the following week-ending Friday and ends October 6, 2000
(2) MAPS Scores: The MAPS Rating System is based on the percentage of referred calls to which the upline leader responded in the appropriate amount of time. The scores are as follows:
No calls = M+
100-90% = M
89-80% = A
79-70% = P
69-0% = S
(3) MAPS Score Adjustment: Once an UnFranchise Owner has been referred to an upline leader through MAPS, the goal is to ensure that the upline leader addresses the referred UnFranchise Owner’s issue in a timely manner. However, it is even more desirable to the corporate office not to be forced to refer UnFranchise Owners to their upline at all; this usually means that the upline is already handling these issues before their downline UnFranchise Owners ever call the corporate office. In an attempt to recognize UnFranchise Owners who receive only a few referrals for a MAPS quarter, yet may fail for whatever reason to address one of those referrals, there is a MAPS score adjustment for UnFranchise Owners who receive fewer than five referrals for a given MAPS quarter. Therefore, UnFranchise Owners will never receive an unacceptable MAPS score for missing only one referral in a MAPS quarter, regardless how many referrals they received for the MAPS quarter.
(a) Any UnFranchise Owner who receives fewer than five referrals for a given MAPS quarter will have their MAPS score converted to a percentage as if they had five referrals. For example, if an UnFranchise Owner received three referrals but only responded to two of them, without the adjustment the UnFranchise Owner would receive a MAPS score of 67 percent, which is a rating of “S.” However, with the adjustment, the computer system will add two referrals to the total and count them as good scores. Therefore, the UnFranchise Owner will actually be credited with five referrals, of which four were addressed; this will give the UnFranchise Owner a MAPS score of 80 percent, which is acceptable. Again, for a second example, if an UnFranchise Owner received two referrals but only responded to one of them, without the adjustment the UnFranchise Owner would receive a MAPS score of 50 percent, which is a rating of “S.” However, with the adjustment, the computer system will add three referrals to the total and count them as good scores. Therefore, the UnFranchise Owner will actually be credited with five referrals, of which four were addressed; this will give the UnFranchise Owner a MAPS score of 80 percent, which is acceptable.
(b) Any UnFranchise Owner who receives five or more referrals for a given MAPS quarter will not have their MAPS score adjusted. For example, if an UnFranchise Owner received five referrals but only responded to four of them, the UnFranchise Owner will receive a MAPS score of 80 percent, which is acceptable. No adjustment is necessary.
(4) Loss of Commissions: If an upline leader has a final MAPS rating at the end of the MAPS quarter that is considered unacceptable, then he/she could forfeit the next week’s commissions earned after the final MAPS rating score is posted. It does not matter in which week the next commission check is earned; whatever that week is, all checks earned for that week under that ID number will be forfeited. A final score of “P” or “S” is considered unacceptable.
(a) “P” Rating: If an UnFranchise Owner receives a score of “P” for a given MAPS quarter and has not received an unsatisfactory rating for the previous MAPS quarter, then he/she will receive a warning that his/her duties as outlined by the MPCP have not been met, and that future commissions may be forfeited. No commissions will be forfeited at this time. However, if an UnFranchise Owner receives a score of “P” for a given MAPS quarter after also receiving an unsatisfactory rating the previous MAPS quarter, then the UnFranchise Owner will forfeit the next week’s commissions earned after the final MAPS rating score is posted for that quarter.
(b) “S” Rating: If an UnFranchise Owner receives a score of “S” for a given MAPS quarter, then the UnFranchise Owner will forfeit the next week’s commissions earned after the final MAPS rating score is posted for that quarter. If an UnFranchise Owner finishes three consecutive MAPS quarters with an “S” rating, then his/her UnFranchise Business will be reviewed by Market America.
(c) Amount of Commissions Forfeited: If an UnFranchise Owner finishes a MAPS quarter with an unacceptable score that results in the forfeiture of commissions, then the UnFranchise Owner will forfeit the next week’s commissions earned after the final MAPS rating score is posted for that quarter. This includes checks earned from any and all BDCs under that same ID number for that particular week. E.g., if after receiving a MAPS score of 50 percent (“S”) for a given MAPS quarter, a UnFranchise Owner three weeks later earns $600.00 on his BDC-001, $600.00 on his BDC-002, and $300.00 on his BDC-003, then he/she would forfeit a total of $1,500.00 as a result of MAPS.
(d) Reset of MAPS Scores: All MAPS scores reset at the beginning of each MAPS quarter, so that all upline leaders begin each MAPS quarter with an “M+” rating for that quarter.
(J) MAPS Disclaimer: The MAPS program and its accountability measures are designed as a supplement to the policies and procedures in the Independent UnFranchise Owner Application and Agreement and the current edition of the Market America UnFranchise Manual. They do not supersede such policies and procedures, nor do they limit Market America’s remedies in any way. If an UnFranchise Owner fails to perform his/her management and supervisory responsibilities, Market America may address the situation with any of the remedies and corrective action procedures described in the Independent UnFranchise Owner Application and Agreement and the current edition of the Market America UnFranchise Manual.
SEC. 8 MARKET AMERICA NONPROFIT ORGANIZATION (NPO) PROGRAM
The Market America Nonprofit Organization (NPO) Program is an opportunity for nonprofit organizations with federal 501(c) status to earn royalties based on the purchases made by its supporters at their favorite Internet stores. The program is only available to nonprofit organizations based in the United States at this time. Any UnFranchise Owner who is eligible to sponsor UnFranchise Owners in the United States may also sponsor nonprofit organizations into the NPO Program by agreeing to the NPO Sponsor Agreement.
(A) Qualification: An NPO Web Portal Agreement must be submitted with one of the following documents:
(1) A determination letter from the IRS recognizing the Independent NPO as an organization exempt from federal income tax under Section 501(c) of the federal Internal Revenue Code; or
(2) If the Independent NPO is a church without a 501(c) determination letter, a copy of the church’s EIN documentation furnished by the IRS.
(B) Acceptance: Upon acceptance of the NPO Web Portal Agreement by Market America, the Independent NPO will be eligible to receive weekly and monthly royalties as described below in the Royalty Payment Plan section.
(C) Royalty Payment Plan: The following policies apply to the Royalty Payment Plan:
(1) There is no subscription fee or initial order requirement to participate in the NPO Program. The only requirements for Independent NPOs to receive royalties under the Royalty Payment Plan are the requirements indicated in the NPO Web Portal Agreement. Independent NPOs CANNOT place orders, assign BV or IBV, sponsor UnFranchise Owners or other Independent NPOs, or enroll in the UnFranchise AutoShip program. Representatives of the Independent NPO do not have to attend any training classes, and Independent NPOs are not required to renew the NPO Web Portal Agreement annually.
(2) All NPO Program administration is performed by the Independent NPO’s sponsoring UnFranchise Owner. The Independent NPO’s sponsoring UnFranchise Owner is responsible for ensuring that all marketing, promotional and other activities conducted for the benefit of the Independent NPO comply with the policies of Market America as set forth in this UnFranchise Manual
(3) The Independent NPO is assigned a unique 9-digit UnFranchise ID and placed in the MPCP sales tracking system according to the placement indicated on the NPO Web Portal Agreement. Also, a Virtual Account is established for crediting accrued Monthly Royalties. The Independent NPO will not receive a 7-digit Rep ID and will not be able to log into an UnFranchise® Business Account. The Independent NPO’s sponsoring UnFranchise Owner will have access to UFMS and will be responsible for managing the Independent NPO’s supporters (Preferred Customers).
(4) Market America will place two (2) Master UnFranchise Owner entries beneath the Independent NPO’s single Royalty Center, one (1) on the left and one (1) on the right. Each of these entries will also be assigned a unique 9-digit UnFranchise ID.
(5) The Independent NPO will have a Web Portal assigned to it, with a name chosen by the Independent NPO, subject to the approval of Market America, where the Independent NPO supporters can shop to generate royalties for the Independent NPO. The BV and IBV from orders placed on the NPO Web Portal will automatically be assigned in rotation to MA-A-002, MA-B-003, MA-A-003, and MA-B-002, in that order. All of the BV and IBV will flow up as usual to upline BDCs and Royalty Centers. The Independent NPO’s sponsoring UnFranchise Owner cannot place BV or IBV directly into the NPO Royalty Center or the MA BDCs.
(6) When Independent NPO supporters purchase Market America brand products from the NPO Web Portal, a dollar amount equal to the difference between (a) the purchase price and (b) “UnFranchise Cost” less shipping and handling and any transaction fees will be deposited into the Independent NPO’s Virtual Account to be issued as Monthly Royalties.
(7) Weekly Royalties will be generated by accumulated BV and IBV in the Independent NPO’s Royalty Center banks. BV and IBV payouts and bonuses will be issued with the same criteria as in the Management Performance Compensation Plan (MPCP). The Independent NPO may receive Weekly Royalties up to $3,600 per weekly cycle (i.e., $1,500 from BV, $1,500 from IBV, and $600 BV-based bonus).
(8) Monthly Royalties will be issued for the full balance of the Independent NPO’s Virtual Account at the end of each month as long as the $25.00 minimum payment threshold is met. If the $25.00 threshold is not met, then the balance carries over to the next month.
NOTE: The Independent NPO does not count as a personally sponsored or qualified UnFranchise Owner for the sponsoring UnFranchise Owner, and Independent NPOs cannot re-enter or be assigned more than one Independent NPO Royalty Center.
SEC. 9 SOLICITATION OF DONATIONS AND CONTRIBUTIONS
Contacts made through Market America should be used exclusively for Market America purposes. These contacts are proprietary information belonging to the company, to which UnFranchise Owners agree at the time they sign the Independent UnFranchise Owner Application and Agreement.
UnFranchise Owners agree not to solicit other Market America UnFranchise Owners and/or customers, except for their personally sponsored UnFranchise Owners and persons they know independently of any Market America contact, for any purpose other than Market America business activities. This policy includes solicitations for other business activities, regardless whether such activity is network marketing or some other type of business, political campaigns, and charitable activities and events. UnFranchise Owners must not seek to take advantage of their Market America connections to obtain donations for charitable events. UnFranchise Owners should not send out correspondence of any kind, including but not limited to mailings, voice mails, or printed material, other than to personally sponsored UnFranchise Owners, soliciting donations. Solicitation at GMTSS events as a speaker, coordinator, or participant is prohibited.
From time to time, the company may sponsor or promote charitable activities among UnFranchise Owners; these activities are exempt from this policy. UnFranchise Owners may direct inquiries regarding the permissibility of any solicitation to Market America, attention to the Director of Corporate and Field Services.
SEC. 10 YOUR MARKET AMERICA INDEPENDENT UNFRANCHISE OWNER PRIVACY POLICY
We appreciate the trust you place in Market America, and we are committed to respecting your privacy and the security of your personal information. Our Privacy Policy describes the information we collect and how we use it.
This Privacy Policy explains the following:
• How we collect information and the types of information we collect.
• How we use cookies and other tracking technologies.
• How we use your information.
• How we share your information.
• How we protect and store your information.
• Your privacy options.
• Children’s information.
• Jurisdiction-specific notices
o California residents.
o Nevada residents.
o Virginia residents.
o Colorado residents.
o Connecticut residents.
o Utah residents.
o Residents of the EEA, Switzerland or UK.
• Updates to this Privacy Policy.
For questions about our privacy practices, contact us at: Privacy@marketamerica.com or write to us at:
Market America, Inc.
1302 Pleasant Ridge Road
Greensboro, NC 27409
(A) How we collect information
We may collect information about you by following means:
• Directly from you when you provide information to us or interact with us or our affiliates;
• Automatically from you when you utilize or interact with our Services;
• From credit reporting agencies and other entities that provide credit scoring, identity verification, fraud prevention and similar services;
• From online advertising companies who may share information about the marketing and advertisements you have seen or clicked on, and from social networks and other sources of publicly available data;
• From other third-party sources that provide consumer data, such as information about your interests, demographic information and marketing inferences.
(B) Information we collect
In order to better provide you with our Services, we may collect the following categories of information:
• Contact information and any other information you choose to include when you communicate with us via email, mail, phone or other channels;
• Profile and subscription information, such as a username and password, your name, mailing address, email address, phone number, date of birth, tax identification number, gender, and usage and subscription preferences, which may include signing up to some of our Services or communications from us;
• Transactional information including payment information and payment history if you engage in transactions through the Services;
• Device information when you utilize our technology platforms, including its model, serial number, device location, usage data and operating information;
• Survey information in response to questions we may send you through the Services, including for feedback and research purposes;
• User Content you may provide to publicly post via the Services (e.g., comments);
• Online User Activity described in the next section;
• Biometric Information, such as height, weight, facial geometry, and other information you submit for a questionnaire or testimonial.
Some of this information may be collected by external parties on our behalf.
If you provide us with information regarding another individual, you represent that you have that person’s consent to give us his or her information and permit us to use the information in accordance with this policy.
(C) Online user activity, cookies and information collected by other automated means
When you interact with the Services, certain information about your use of our Services is automatically collected. This includes:
• Usage Details about your interaction with our Services (such as the date, time, and length of visits, and specific pages or content accessed during the visits, search terms, frequency of the visits, referring website addresses);
• Device Information including the IP address and other details of a device that you use to connect with our Services (such as device type and unique device identifier, operating system, browser type, mobile network information, and the device’s telephone number);
• Location information where you choose to provide the website with access to information about your device’s location;
• Site usage and session information. We collect information about your interaction with the Services, including the resources that you access, pages viewed, how much time you spent on a page and how you reached our website. We also log the details of your visits to our website and information generated in the course of using our website, such as mouse movements, clicks, page visits, text entered, how long you spent on a page and other details of your actions on our website.
Much of this information is collected through cookies, web beacons and other tracking technologies, which may be operated by our partners who assist us in serving ads or providing other services to you. Below is a list of our partners with links to more information about their use of your data and how to exercise your options regarding tracking.
You may be able to opt out tracking by cookies or control how information collected by cookies is used via a number of means, as described below.
Your browser or device may include “Do Not Track” functionality. Because definitions and rules for a “Do Not Track” standard have not yet been established, including whether such signals must be user-enabled, we do not yet respond to “Do Not Track” signals sent from browsers.
(D) How we use your information
We use the information we collect from you for the following purposes:
• Provide our Services to you, including to maintain your account, manage any purchases or transactions, and provide product recall information or other important notices;
• Respond to your requests, questions, and comments, and provide customer support;
• Monitor the performance of our Services including metrics such as total number of visitors, traffic and demographic patterns;
• Interact with you, including to notify you regarding products, services, and promotions that may be of interest to you, and inform you about important changes to this Privacy Policy, our Terms, or other policies;
• Tailor the content we display to you in our Services and communications, including advertising, and offer products and services that we believe may be of interest to you;
• Manage, operate, and improve the Services and grow our business, including understanding our customer base and the effectiveness of our marketing, events, promotional campaigns, and publications, and diagnose or fix technology problems;
• Assist in managing your UnFranchise® Business by utilizing tools that include but are not limited to tracking and crediting BV, IBV, and/or Cashback, and sharing positive product testimonials and personal success stories with others.
• Evaluate, recruit and hire personnel;
• Comply with legal requirements and industry standards, detect, investigate, and prevent activities that may violate our policies or be fraudulent or illegal, and protect the rights of Market America, you, or others.
We may use and share information in an aggregated or de-identified manner data at our discretion, including for research, analysis, modeling, marketing, and improvement of our Services.
(E) How we share your information
• Service Providers. We may share your information with service providers that we believe need the information to perform a technology, business, or other professional function for us, such as billing and collection, IT services, maintenance and hosting of our Services, payment processors, marketing partners, accounting, auditing, tax services, and other professional services.
• Analytics. We partner with analytics providers, who collect information via tracking technologies on our websites to assist us with measuring visits and traffic on our websites so we can measure and improve the performance of the sites.
• Independent Shop Consultants. In order to provide the best service to our customers, we will assign you an independent Shop Consultant. We share your order information, some of your personally identifiable information and information about your spending habits with the person or business entity assigned as your Shop Consultant.
• Nutri-Physical Questionnaire. If you participate in our personalized nutrition and nutraceutical questionnaires, we may share our product recommendations with the person or business entity assigned as your independent Shop Consultant, which may contact you by the email you provided to offer products, promotions and any other pertinent information to best attend your needs.
• Co-Branding Partners. In Co-Branded Partnerships that provide unique benefits to certain loyal customers, we may acquire, share with our Co-Branding Partners, or use personal information to communicate special offers, provide additional benefits, or for other related uses.
• Card Linked Offers. We may use the payment card information and transaction details that you provide or we receive from third parties in connection with card-linked offers. For more information, please see the SHOP Local Card Linking Terms of Use.
• Charitable Organizations. We may offer opportunities for you to make purchases or donations to promote the charitable mission of certain organizations. When you participate in these offers, your personally identifiable information may be forwarded to the charitable organization so that it may recognize your donation and provide follow-up communication.
• Advertising. We partner with third parties who assist us in serving advertising regarding the Services to others who may be interested in the Services or who use cookies to display interest-based advertising to you on the Services. These third parties may use tracking technologies on our websites to collect or receive information from the Services and elsewhere on the internet and use that information to provide measurement services and targeted ads. Third parties may allow other companies to access information about you so that they may market other products you may be interested in.
• Social Media. If you interact with us on social media platforms, the platform may be able to collect information about you and your interaction with us. If you interact with social media objects on our Services (for example, by clicking on a Facebook “like” button), both the platform and your connections on the platform may be able to view that activity. To control this sharing of information, please review the privacy policy of the relevant social media platform.
• Affiliates. We share information with other entities in our corporate family for purposes consistent with this Privacy Policy.
• Corporate Event. We reserve the right to transfer to another entity or its affiliates or service providers some or all information about you in connection with, or during negotiations of, any merger, acquisition, sale of assets, or any line of business, change in ownership control, or financing transaction. We cannot promise that an acquiring party or the merged entity will have the same privacy practices or treat your information the same as described in this Policy.
• Legal. We share information where necessary to comply with applicable law, to respond to requests from law enforcement agencies or other government authorities or third parties as permitted by law and without your consent when it is necessary to protect our customers, employees, or property; in emergency situations; or to enforce our rights under our Terms of Service and policies.
• Credit Card. If you apply for any of the SHOP.COM branded credit cards online and you live in the United States, you provide the financial information needed to process your application directly to First National Bank of Omaha, the issuer and the administrator of the credit card program. First National Bank of Omaha is a financial institution independent of Market America. First National Bank of Omaha has its own privacy and security policies, which you can review at https://www.fnbo.com/. Additionally, First National Bank of Omaha is subject to the strict privacy regulations under the Gramm-Leach-Bliley Act, 15 USC § 6801-6827.*
*The SHOP.COM branded credit cards are not available in Puerto Rico or Canada.
(F) How we protect and store your information
We use a combination of physical, technical, and administrative safeguards to protect the information we collect through the Services. While we use these precautions to safeguard your information, we cannot guarantee the security of the networks, systems, servers, devices, and databases we operate or that are operated on our behalf.
If you use our Services outside of the United States, you understand that we may collect, process, and store your personal information in the United States and other countries.
(G) Your privacy options
You may have certain choices when it comes to how we collect and use your information:
• Account information. Please visit the My Account page to update your information and payment method.
• Email marketing. If at any time you no longer wish to receive marketing communications from us, you can click the unsubscribe link at the bottom of any email or email us at unsubscribe@marketamerica.com.
• Online activity tracking and interest-based advertising. You have several options to either prevent our collection of information regarding your online activity or prevent third parties from using such information from being used for interest-based advertisements:
o You can opt out by clicking here.
o You can usually modify your browser setting to disable or reject cookies across the internet. Note that if you delete your cookies or if you set your browser to decline cookies, some features of our website or Services may not function properly or be available.
o If you are visiting the Services from a mobile device, the operating system of the device may offer you options regarding how the device collects and uses your information for interest-based advertising. Click here for more information.
o Visit http://www.networkadvertising.org or http://www.aboutads.info to learn more about your options for opting out of interest-based advertising (or if located in the EEA, UK or Switzerland, click here). Please note this does not opt you out of being served ads.
• Disclosure to third parties for marketing purposes. You may opt out of disclosure of your information to third parties who offer products and services you may be interested in by emailing us at Privacy@marketamerica.com. If you are a California resident, click here for additional options.
(H) Children’s information
We do not knowingly or intentionally gather Personal Information about children. If we have inadvertently collected the Personal Information of a child under 16, or equivalent minimum age depending on jurisdiction, a parent or guardian of that child may contact us at privacy@marketamerica.com to request that we delete the information from our records or otherwise cease the use of that information in accordance with applicable law.
(I) How long we keep your information
We strive to retain information as long as necessary to fulfill the purposes for which we collected it, for legitimate business reasons or as required by law. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information, and whether we can achieve those purposes through other means, and applicable legal requirements.
(J) Jurisdiction-specific notices
Certain jurisdictions may provide additional rights to individuals with respect to the collection and use of personal information that we have collected. For example, you may have the right to request that we: (i) disclose to you any personal information that we have about you; (ii) correct or delete personal information that we have about you (subject to certain exceptions); (iii) not disclose or sell your information to a third party (excluding qualified service providers). If you are a resident of any of the following jurisdictions, click on your location to learn more.
• California
Your California privacy rights
California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties for those third parties’ own direct marketing purposes. If you are a California resident, you may opt out of such sharing by emailing us at Privacy@marketamerica.com or mailing a written request to:
Market America, Inc.
1302 Pleasant Ridge Road
Greensboro, NC 27409
Attn: Legal Department
California Consumer Privacy Act
The California Consumer Privacy Act (“CCPA”) provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of information about them, as well as rights to know/access, delete, and limit sharing of personal information. You have the right to be free from discrimination based on your exercise of your CCPA rights.
To the extent that we collect Personal Information that is subject to the CCPA, that information, our practices and your rights are described below.
Categories of personal information collected
You have the right to receive notice of the categories of Personal Information we collect, and the purposes for which those categories of Personal Information will be used. The categories we use below to describe the information are those enumerated in the CCPA.
The following chart describes information we collect when you act as a customer or prospective customer of our products and services or visit our website. The sources of this Personal Information are described in the Information We Collect section above. We collect this Personal Information for the purposes described in the “How We Use Your Information” section above.
Right to opt out of sale of personal information to third parties
You have the right to opt out of the sale of your Personal Information by Market America to third parties. To exercise your right to opt out of the sale of your Personal Information, click here.
Right to know and request access to and deletion of personal information
You have the right to request access to personal information collected about you and information regarding the source of that personal information, the purposes for which we collect it, and the third parties and service providers with whom we share it. You also have the right to request in certain circumstances that we delete personal information that we have collected directly from you. We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.
How to submit a request
You may submit a request to exercise your rights to know/access or delete your Personal Information through one of two means:
• By filling out a Consumer Data Request Form available here.
• By calling us at 1-866-420-1709.
Upon submission of your request, we will contact you (via the email address provided in your request) with instructions on how to verify the request, after which we will check our records for matching information and aim to complete requests as soon as reasonably practicable and consistent with any applicable laws. You may authorize another individual or a business registered with the California Secretary of State, called an authorized agent, to make requests on your behalf through these means.
Notice of financial incentive
We may offer rewards, discounts, or other benefits to consumers enrolled in certain promotional or loyalty programs, such as a percentage off your next purchase when you sign up for email promotions from Market America. Consumers can opt out of individual programs in their account settings or by contacting us as indicated above. You may also submit a request that we delete your Personal Information as described in this Privacy Policy.
Market America does not generally assign monetary or other value to consumers’ Personal Information, and our promotions activity changes continually. To the extent California law requires that a value be assigned to such programs, or the price or service differences they involve, Market America values the Personal Information as being equal to the value of the discounts or other financial incentives provided in each such program. Such calculation is based upon a practical and good-faith effort to assess, on an aggregate basis for all collected information, (1) the data elements collected (e.g., email address), (2) the use of such information by Market America in connection with its marketing activities, (3) the range of discounts provided (which can depend on each consumer’s purchases under such offers), (4) the number of consumers enrolled in respective programs, and (5) the product or service to which the benefits (such as price difference) applies. These values can change over time. Note that this description is without waiver of any proprietary or business confidential information, including trade secrets, and it does not constitute any representation with regard to generally accepted accounting principles or financial accounting standards.
• Nevada
Residents of the State of Nevada have the right to opt out of the sale of certain pieces of their information to third parties who will sell or license their information to others. If you are a Nevada resident and would like to make such a request, please email Privacy@marketamerica.com.
• Virginia
Virginia law provides Virginia residents with rights to access, delete, and correct certain "Personal Data" we collect about them, as well as to restrict the use of that Personal Data for targeted advertising, restrict the “sale” of that Personal Data, and control our use of Personal Data considered sensitive. If you are a Virginia resident, you also have a right not to receive discriminatory treatment for the exercise of your privacy rights. The Virginia Consumer Data Protection Act defines “Personal Data” to mean “any information that is linked or reasonably linkable to an identified or identifiable natural person.” When we use the term “Personal Information” in our Privacy Policy, it includes Personal Data covered by this definition.
You or your authorized agent may submit a request to exercise your access, deletion and correction rights. To submit a request to access your data click here. To submit a request to delete your data click here.
• Colorado
Colorado law provides Colorado residents with rights to access, delete, and correct certain "Personal Data" we collect about them, as well as to restrict the use of that Personal Data for targeted advertising, restrict the “sale” of that Personal Data, and control our use of Personal Data considered sensitive. If you are a Colorado resident, you also have a right not to receive discriminatory treatment for the exercise of your privacy rights. The Colorado Privacy Act defines “Personal Data” to mean “information that is linked or reasonably linkable to an identified or identifiable individual.” When we use the term “Personal Information” in our Privacy Policy, it includes Personal Data covered by this definition.
You or your authorized agent may submit a request to exercise your access, deletion and correction rights. To submit a request to access your data click here. To submit a request to delete your data click here.
• Connecticut
Connecticut law provides Connecticut residents with rights to access, delete, and correct certain "Personal Data" we collect about them, as well as to restrict the use of that Personal Data for targeted advertising, restrict the “sale” of that Personal Data, correct inaccuracies, and control our use of Personal Data considered sensitive. If you are a Connecticut resident, you also have a right not to receive discriminatory treatment for the exercise of your privacy rights. The State of Connecticut Personal Data Privacy and Online Monitoring Act defines “Personal Data” to mean "any information that can be linked to an identifiable individual, excluding publicly available information.” When we use the term “Personal Information” in our Privacy Policy, it includes Personal Data covered by this definition.
You or your authorized agent may submit a request to exercise your access, deletion and correction rights. To submit a request to access your data, click here. To submit a request to delete your data, click here. To submit a request to correct your data, please contact privacy@marketamerica.com.
• Utah
Utah law provides Utah residents with rights to access, delete, and correct certain "Personal Data" we collect about them, as well as to restrict the use of that Personal Data for targeted advertising, restrict the “sale” of that Personal Data, and control our use of Personal Data considered sensitive. If you are a Utah resident, you also have a right not to receive discriminatory treatment for the exercise of your privacy rights. The Utah Consumer Privacy Act defines “Personal Data” to mean “information that is linked or reasonably linkable to an identified individual or an identifiable individual.” When we use the term “Personal Information” in our Privacy Policy, it includes Personal Data covered by this definition.
You or your authorized agent may submit a request to exercise your access, deletion and correction rights. To submit a request to access your data click here. To submit a request to delete your data click here.
EEA, Switzerland, or the UK
If you are located in the EEA, Switzerland, or the UK, you are entitled to certain rights, subject to applicable exceptions, under the GDPR, Swiss, and UK data protection laws. Please note that in order to verify your identity, we may require you to provide us with information prior to accessing any records containing information about you.
We typically will process your information pursuant to the following legal bases: (1) with your consent; (2) as necessary to perform our agreement to provide Services to you; or (3) as necessary for our legitimate interests in providing the Services where those interests do not override your fundamental rights and freedoms related to data privacy. We also may process your information where it is necessary to comply with a legal obligation to which we are subject.
• Right of access: You have the right to obtain confirmation as to whether we are processing personal data about you, and, if so, request a copy of the personal data. If you would like a copy of the personal data that we hold about you, please send a description of the personal data you would like a copy of and proof of your identity to our email as set forth below.
• Right to correction: You have the right to correct any inaccuracies in the personal data that we hold about you and, where applicable, to complete any incomplete personal data that we hold.
• Right to erasure: You have the right to request that we erase the personal data that we hold about you if one of the conditions in Article 17 of the GDPR applies. The right to erasure does not apply in certain circumstances, including where the processing is necessary for the establishment, exercise or defense of legal claims.
• Right to restriction of processing: You have the right to restrict our processing of your personal data if one of the conditions in Article 8 of the GDPR applies.
• Right to data portability: You have the right to receive personal data concerning you in a structured, common, and machine-readable format or request transmission of the data to a third party if the conditions in Article 20 of the GDPR are met.
• Right to object: You have the right to object to the processing of your personal data based on our legitimate interests at any time. We will no longer process the data unless there are compelling, legitimate grounds for our processing that override the interests, rights, and freedoms of the data subject, or the processing serves the purpose of asserting, exercising, or defending legal claims. You also have the right to object at any time to the use of your data for direct marketing.
• Right to withdraw consent: If we are processing your personal data based on your consent, you have the right to withdraw your consent at any time.
To submit a request to exercise your rights, please fill out a Consumer Data Request Form here. We may have a reason under the law why we do not have to comply with your request or may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.
Cross-border transfer of data
If you use our Services outside of the United States, you understand that we may collect, process, and store your personal information in the United States and other countries. The laws in the U.S. regarding personal information may be different from the laws of your state or country. Any such transfers will comply with safeguards as required by relevant law. By using the Services, you consent to the collection, international transfer, storage and processing of your data.
Retention
As a general rule, we keep your data for only as long as it is needed to complete the purpose for which it was collected or as required by law. We may need to keep your data for longer than our specified retention periods to honor your requests, including to continue keeping you opted out of marketing emails or to comply with legal or other obligations.
Lodging a complaint
Users that reside in the EEA, Switzerland, or the UK have the right to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available here.
(K) Updates to this Privacy Policy
We may make changes to this Policy from time to time. The “Effective Date” at the top of this page indicates when this Privacy Policy was last revised. We may also notify you in other ways from time to time about the collection, use and disclosure of your personal information described in this Policy.
SEC. 11 LEAD REFERRALS
Some individuals will initially shop for products or inquire about the business opportunity through marketamerica.com, instead of through an UnFranchise Owner’s individual Portal. In this event, these individuals will be referred to eligible UnFranchise Owners by Market America.
(A) A potential customer or business prospect will be referred back to the UnFranchise Owner who generated the lead whenever possible. To identify the UnFranchise Owner who generated the lead, Market America has built inquiries into the order process which prompt the potential customer or business prospect to identify the UnFranchise Owner who generated the lead.
(B) If a potential customer or business prospect was not referred by an UnFranchise Owner, Market America will refer the lead to a UnFranchise Owner who meets certain criteria:
(1) To be eligible to receive leads from Market America, an UnFranchise Owner must currently be exercising the Monthly IBV Accrual Option by meeting the following requirements:
(a) An UnFranchise Owner must order the UnFranchise® Management System (UFMS) monthly by the appropriate monthly Q-date;
(b) An UnFranchise Owner must place product orders monthly for the following minimum IBV amounts: 10 IBV for Level 1 (UnFranchise Owners who have not yet earned an IBV commission check); 20 IBV for Level 2 (UnFranchise Owners who have earned their first IBV commission check); and 30 IBV for Level 3 (UnFranchise Owners who have earned an IBV commission check for completing the IBV commission cycle at 5000/5000 IBV), and all such amounts are assigned to BDC-001;
(c) An UnFranchise Owner must make at least $50.00 in Partner Store purchases monthly using the UnFranchise Owner’s Personal Preferred Customer ID;
(d) At least 50 BV total must be ordered monthly by one or more Preferred Customers through the UnFranchise Owner’s Web Portal, AutoShip, or other Market America sites (for example, ma® MyWorld, Mini Websites); and
(e) An UnFranchise Owner must complete the UnFranchise Setup.
(2) Each potential customer or business prospect will be referred to an eligible UnFranchise Owner who shares the same ZIP code as the lead. If no eligible UnFranchise Owner resides in the ZIP code of the lead, Market America will refer the lead to a UnFranchise Owner in a nearby ZIP code. Multiple eligible UnFranchise Owners in a ZIP code will be part of a lead referral rotation, and will take turns receiving referral leads from Market America.
(C) If a potential customer or business prospect was referred to Market America by an UnFranchise Owner, but the lead is not able to provide Market America with sufficient information to identify the referring UnFranchise Owner, Market America will refer the lead to an eligible UnFranchise Owner. If Market America is made aware of an inaccurate referral, then Market America will take steps to identify the correct UnFranchise Owner. If Market America is successful in determining the identity of the lead-generating UnFranchise Owner, the potential customer or business prospect will be redirected to that UnFranchise Owner. However, previous BV, IBV or retail profit earned by the UnFranchise Owner who originally received the referral from Market America (or credited to Market America) will not be redirected.
(D) When a potential customer or business prospect is referred to an eligible UnFranchise Owner, the BV, IBV and retail profit created as a result of the first order placed by such potential customer within 24 hours of the potential customer’s registration with Market America will go to Market America to help offset the costs associated with the acquiring leads. After the initial 24 hour period, the UnFranchise Owner will earn all BV, IBV and retail profit associated with any orders placed by the customer.
SEC. 12 MARKET AMERICA UNLABEL OWNER (ULO) COMPENSATION PLAN
The Market America UnLabel Owner (ULO) Compensation Plan is an opportunity for recording artists who have purchased a ULO package from Conquer Entertainment to earn commissions based on the purchases made by their fans from Market America or their favorite Internet stores. Any UnFranchise Owner who has completed the Music Major training program and who is a Certified Artist Developer (CAD) may sponsor a recording artist into the ULO Compensation Plan.
(A) Qualification: The ULO must submit the following document(s):
(1) A signed Terms and Conditions for the UnFranchise Owner Compensation Plan; and
(2) If the ULO is a partnership, corporation, or other form of business organization (hereafter referred to as a business entity), the ULO must provide Market America with documentation detailing all trustees, partners, stockholders, officers and/or directors in the business, their respective Social Security numbers or Social Insurance numbers (for Canada), and their respective business interest. If the business entity is a corporation, a certified copy of the Articles of Incorporation must also be submitted. The partner or officer who submits the documentation must be authorized to enter into binding contracts on behalf of the business. However, an individual may not be registered as an UnFranchise Owner and also as a ULO at the same time.
(B) Acceptance: Upon acceptance by Market America of the signed Terms and Conditions for the ULO Compensation Plan, the ULO will be eligible to receive weekly and monthly commissions as described in the ULO Compensation Plan section below.
(C) ULO Compensation Plan: The following policies apply to the ULO Compensation Plan, provided the ULO is not also a Market America UnFranchise Owner:
(1) There is no additional subscription fee to Market America or initial order requirement to participate in the ULO Compensation Plan. The only requirements for ULOs to receive retail profit or commissions under the ULO Compensation Plan are the requirements indicated in the Terms and Conditions for the ULO Compensation Plan. ULOs CANNOT assign BV or IBV or sponsor UnFranchise Owners or other ULOs. Representatives of the ULO do not have to attend any training classes, and ULOs are not required to renew the Terms and Conditions for the ULO Compensation Plan annually.
(2) All ULO Compensation Plan administration is performed by the ULO’s sponsoring CAD. The ULO’s sponsoring CAD is responsible for ensuring that all marketing, promotional and other activities conducted for the benefit of the ULO comply with the policies of Market America as set forth in this UnFranchise Manual.
(3) The ULO is assigned a unique 9-digit UnFranchise ID and placed in the Management Performance Compensation Plan (MPCP) sales tracking system according to the placement indicated by the sponsoring CAD. Also, a Virtual Account is established for crediting accrued retail profit and commissions. The ULO will not be able to log into an UnFranchise® Business Account. The ULO’s sponsoring CAD will have access to UFMS and will be responsible for managing the ULO’s fans (Preferred Customers).
(4) The ULO will have SHOP.COM and getconquer.com Web Portals assigned to it, with a name chosen by the ULO, subject to the approval of Market America and Conquer Entertainment, where the ULO’s fans can shop to generate commissions for the ULO. The BV and IBV from orders placed on the ULO’s Web Portals will automatically be assigned in rotation between the HELD 002 and HELD 003, in that order. All of the BV and IBV will flow up as usual to upline BDCs. The ULO’s sponsoring CAD cannot place BV or IBV directly into the ULO’s BDCs.
(5) When the ULO’s fans purchase Market America-branded products from the ULO Web Portal, a dollar amount equal to the difference between (a) the purchase price and (b) “ULO Cost” less shipping and handling and any transaction fees will be deposited into the ULO’s Virtual Account to be issued as Monthly Commissions.
(6) Weekly Commissions will be generated by accumulated BV and IBV in the ULO’s BDC’s. BV and IBV payouts will be issued with the same criteria as in the Management Performance Compensation Plan (MPCP). The ULO may receive Weekly Commissions up to $3,000 per weekly cycle (i.e., $1,500 from BV, $1,500 from IBV).
(7) Monies owed will be issued for the full balance of the ULO’s Virtual Account at the end of each month as long as the $25.00 minimum payout threshold is met. If the $25.00 threshold is not met, then the balance carries over to the next month.
NOTE: The ULO does not count as a personally sponsored or qualified UnFranchise Owner for the sponsoring CAD, and ULOs cannot re-enter or be assigned more than one BDC.
SEC. 13 ESSENTIAL FUNCTIONS OF AN UNFRANCHISE OWNER
A Market America UnFranchise Business is a business. Ideally, it should be approached with a sense of purpose. As a business owner, each UnFranchise Owner is ultimately responsible for carrying out the essential functions of an UnFranchise Business for himself or herself. These essential functions include, without limitation: (A) retail selling, (B) quarterly verification of retail sales (Form 1000), (C) attending any required training classes, and (D) completing and submitting the Annual Renewal and other applicable agreements with the company. Market America places great value on UnFranchise Owners helping other UnFranchise Owners, even when they are in different sales organizations. However, company policy does not permit an UnFranchise Owner (or any third party) to operate the business of another UnFranchise Owner or perform the essential functions of another UnFranchise Owner.