Chapter 9: nutraMetrix Division

The nutraMetrix® Division of Market America (nutraMetrix or nutraMetrix Division) offers products, services and education to Health Professionals (HPs) seeking customized wellness and financial solutions for their practices comprised of nutrition, weight management, e-commerce programs and much more. The Division offers the exclusive private label – nutraMetrix Custom Health Solutions, sold exclusively by qualified Health Professional UnFranchise® Owners (HP or HP1 UnFranchise Owners) as set forth below. nutraMetrix is available to HPs only through Corporate-trained nutraMetrix Consultants (NCs), UnFranchise Owners who work with HP/HP1 UnFranchise Owners to implement nutraMetrix Custom Health Solutions and the UnFranchise® Business Development System into HP practices, and through existing nutraMetrix HP UnFranchise Owners who have successfully implemented nutraMetrix Custom Health Solutions into their practices.

SEC. 1 INDIVIDUAL OR BUSINESS ENTITY

An HP/HP1 UnFranchise Owner may be an individual or a business entity. If a business entity applies to become an HP/HP1 UnFranchise Owner, specific information about the creation, ownership and control of the business must be provided to Market America. Please see the Business Entity UnFranchise Business section of this UnFranchise Manual for further information. The NC is responsible for ensuring this information is obtained before the HP registers in order to avoid disruption of the HP’s nutraMetrix operations.

SEC. 2 NUTRAMETRIX HEALTH PROFESSIONAL POLICIES

HP/HP1 UnFranchise Owners must follow the same rules and compliance policies as other Market America Independent UnFranchise Owners. Additionally, the following policies apply specifically to HP/HP1 UnFranchise Owners:

(A) Each HP/HP1 UnFranchise Owner must offer their health professional services in a qualified and legitimate healthcare practice with an active patient/client base to whom the nutraMetrix Custom Health Solutions products may be recommended.

(B) Each HP/HP1 UnFranchise Owner must have an active, valid US Health Professional license or equivalent professional certification (as accepted by nutraMetrix) in the state where the HP/HP1 UnFranchise Owner practices or operates. For a business entity to be certified as an HP/HP1 UnFranchise Owner, either a principal/stockholder of the entity must hold a qualifying license or the business entity must meet the definition of an Approved Health Professional Business Owner, as defined in this Chapter.

(1) The Health Professional’s business website reference, a copy of the practice’s brochure or similar evidence of operations in a qualified and legitimate healthcare practice with an active patient/client base may be provided along with a copy of the qualifying license.

(2) Qualifying License

Health Professional licenses that will generally automatically meet the licensing part of the qualification are provided below. A copy of the license must be submitted to the nutraMetrix Division within 30 days of applying to become a nutraMetrix HP/HP1 UnFranchise Owner. Changes to the list of qualified licenses for HP/HP1 UnFranchise Owners may be made from time to time by the nutraMetrix Advisory Council.

(D) A Health Professional who holds a license or certification other than one listed in the above section and who wishes to be qualified as a nutraMetrix HP/HP1 UnFranchise Owner must apply to the nutraMetrix Division for approval by submitting the following documents via email, mail or fax (336) 605-0041, prior to entry as an HP or HP1 UnFranchise Owner. Sample certifications considered on a case-by-case basis are shown below. All complete submissions will be reviewed for approval by the nutraMetrix Division on a case-by-case basis. Please submit:

(1) A letter from the health professional or NC via fax, email or postal mail stating:

(a) The nature of the practice (group, solo, hospital-based, etc.)

(b) Type of patients seen

(d) Special training, degrees, etc. (Include: Name of university/college, course/clinical hours completed). Please list if the hours were received via online coursework or classroom.

(e) Annual Continuing Education credits required to maintain licensure

(f) Website reference and/or business brochure (photos of the practice and facility may be requested)

(2) Copies of supporting credentials: licensure, certificates, diplomas, business license, etc.

(a) Approved Health Professional Business Owner*

(b) Certified Clinical Nutrition

(d) Licensed Dietician

(e) Licensed Nutrition Counselor

(f) Licensed Practical Nurse

(g) Medical Aesthetician (under medical supervision only)

(h) Pharmacist (in a medical practice only)

(i) Registered Nurse-Primary

(j) Registered Nurse-Specialty

*NOTE: An Approved Health Professional Business Owner owns a facility or practice with an established patient or client base operated through one or more qualifying health professionals. A business owner who is not a certified health professional as defined herein may qualify for HP/HP1 UnFranchise® Owner approval if they employ a health practitioner who holds an approved license. The qualifying health practitioner must be actively involved in the facility’s operations and servicing the patient base. The health professional who submits their license on behalf of the business may not use this license to qualify their own personal nutraMetrix account.

SEC. 3 NUTRAMETRIX HP1 POLICIES

The HP1 Program was developed as a simplified way to introduce Health Professionals (HPs) to the benefits of offering products and services that can help them generate additional revenue for their practice. HP1s earn retail profits by selling approved products and commissions from the Business Volume (BV) generated through those sales.

Health Professionals who are HP1 UnFranchise Owners receive access to all of the same marketing materials, subscriptions and trainings as standard HP UnFranchise Owners. An HP1 Program subscription includes:

•   A Welcome email with details of the HP1 Program
•   A nutraMetrix.com portal complete with the staff back office
•   A SHOP.COM portal complete with the currently offered mini websites.
•   Access to the UnFranchise Back Office for management of the nutraMetrix business
•   Access to UnFranchiseTraining.com for additional training and resources

Here is a summary of the unique features of the HP1 Program:

• HP1 UnFranchise Owners receive three (3) Business Development Centers (BDCs); however, only the 001 is eligible to earn commissions of up to $1500 per week. BDCs 002 and 003 will be used for BV placement on purchases made on the HP1 UnFranchise Owner’s web portal; that BV flows to the 001.

• HP1 UnFranchise Owners are not required to complete certain administrative functions and trainings, such as the NUOT, Basic5, ECCT, Form 1000, Form 925 or Form 1001.

• HP1 UnFranchise Owners are not required to use the UnFranchise Autoship order process (but they may set up an UnFranchise Autoship order if they wish; however, if an HP1 has an UnFranchise Autoship, the direct sponsor cannot place BV into the HP1s centers, regardless of the Autoship rules).

• HP1 UnFranchise Owners can earn up to $1,500 per week or $78,000 annually on volume-based commissions*

• HP1 UnFranchise Owners receive a SHOP.COM portal complete with mini websites.

NOTE: Should an HP1 UnFranchise Owner choose to convert to full HP status and has already earned $1,500 in commissions, it will be necessary for the HP to satisfy the Executive Coordinator Certification requirements within 28 days of conversion to HP status before additional commissions can be paid.

For more information on the nutraMetrix® HP1 Program, review the HP1 Overview and FAQ document located on www.unfranchise.com under downloads>support materials>nutraMetrix.

SEC. 4 NUTRAMETRIX HEALTH PROFESSIONAL SUBSCRIPTION FEE AND ANNUAL RENEWAL

(A) The initial nutraMetrix® subscription fee for HP/HP1 UnFranchise® Owners (Code HPSUB or Code NMPSUB for HP1) includes one nutraMetrix Web Portal subscription in addition to all items included in the standard Market America subscription kit (Code: SUB).

(B) Each Health Professional in an HP/HP1 UnFranchise Owner practice should have their own unique nutraMetrix Web Portal. Each nutraMetrix Web Portal subscription in addition to that included in the initial subscription kit will be an added cost, and the code for additional nutraMetrix secondary web portals is NMHPSECB. The nutraMetrix Web Portal subscriptions for each Health Professional within an HP/HP1 UnFranchise Owner practice will be renewed each year at the time of the HP/HP1 UnFranchise Owner practice’s Annual Renewal.

(C) The HP/HP1 UnFranchise Owner Annual Renewal (Code: HPRNWL or Code: NMPRNWL) price for all existing nutraMetrix HPs/HP1s with one web portal will increase if the HP/HP1 renews after the last business day of their start month.

Failure to renew at the nutraMetrix Health Professional renewal rate will disrupt nutraMetrix Web Portal operations. (This will also cause a purge, losing all accumulated Group Business Volume and Personal Business Volume.)

SEC. 5 POLICIES FOR THE SALE OF NUTRAMETRIX PRODUCTS

(A) Only HP/HP1 UnFranchise Owners may sell and/or distribute nutraMetrix Custom Health Solutions. NCs may purchase nutraMetrix products only for distribution to Health Professional prospects who are considering carrying nutraMetrix-branded products. Non-HP/HP1 staff members of an HP/HP1 UnFranchise Owner (who are Market America UnFranchise Owners personally sponsored by the HP) may sell and/or distribute nutraMetrix-branded products only as set forth in the Enhanced nutraMetrix Custom Health Solutions Purchase Policy contained in this Chapter.

(B) HP/HP1 UnFranchise Owners may only sell and/or distribute nutraMetrix products to their patients, clients and immediate family members.

(C) nutraMetrix branded products may only be sold and/or distributed in the United States and US territories. For interest in international markets, refer to Chapter 9A entitled International Health Professional Program. The International Health Professional Program is available in the following countries:

(1) Australia
(2) Singapore
(3) Canada
(4) Spain
(5) Hong Kong
(6) Taiwan
(7) Mexico
(8) United Kingdom

(D) The nutraMetrix Division highly recommends that each HP/HP1 UnFranchise Owner provides a Commission Disclosure Statement to each patient to whom the HP/HP1 UnFranchise Owner sells a nutraMetrix product, informing the patient that the HP/HP1 UnFranchise Owner will receive a profit or commission on the sale of nutraMetrix products. A sample of this disclosure statement can be found at www.unfranchise.com under downloads>support materials>nutraMetrix.

SEC. 6 EDUCATION COURSES OFFERED BY NUTRAMETRIX AND THE NUTRAMETRIX EDUCATIONAL INSTITUTE (nEI)

(A) The Health Professional Product Implementation Training is designed to assist and improve current nutraMetrix performance in health professional practices. nutraMetrix Health Professionals will learn key techniques to successful implementation as well as targeted regimens and protocols. This course is open to health professionals only.

(B) The nutraMetrix Division is the principal corporate sponsor of the nutraMetrix Educational Institute (nEI). HP/HP1 UnFranchise Owner attendance at nEI Courses is highly recommended; please see nutraMetrix.org/nei for course dates, information, accreditation sponsors and registration form. HP/HP1 UnFranchise Owners who attend an nEI course may be eligible for CEU’s or CME’s through the nEI. This course is open to health professionals only, and non-UnFranchise Owners are welcome to attend.

(C) The optional business session (non-CME/CE) is presented by nutraMetrix and is offered after each nEI Course to assist HP/HP1 UnFranchise Owners in:

(1) Implementation and distribution of the nutraMetrix Custom Health Solutions product line.

(2) Adopting the UnFranchise Business Development System business model to achieve unprecedented revenues.

(3) Only qualified HP/HP1 UnFranchise Owners may attend the business session unless otherwise advertised.

SEC. 7 NUTRAMETRIX CONSULTANTS (NCs)

(A) An NC is a Market America UnFranchise Owner who becomes qualified to sponsor nutraMetrix HP/HP1 UnFranchise Owners by attending a nutraMetrix Consultant training. NC trainings are designed to:

(1) Educate and train individuals on the fundamentals for integrating nutraceuticals, nutraMetrix products and weight management solutions into HP practices.

(2) Train NCs to prospect, recruit and retain HPs with the nutraMetrix® line of products and the Market America UnFranchise® Business Development System.

(B) UnFranchise Owners should attend Basic 5 and New UnFranchise Owner Training (NUOT) before attending the NC Training. NCs must understand the Market America core business to successfully implement the nutraMetrix business in an HP/HP1 Practice. The information taught in the Basic 5 Training and NUOT is not covered in the NC Training.

(D) Responsibilities of the nutraMetrix Consultant:

(1) Promote the nutraMetrix Custom Health Solutions platform and product line in a professional manner.

(2) Initiate a successful nutraMetrix implementation system within the HP practice and maintain responsive and supportive relationships with these HPs.

(3) Assist and ensure all information and documentation submitted for any HP sign-up is accurate and adequately prepared so that the nutraMetrix Division may determine qualifications and legitimacy of the HP practice and patient base.

(4) Provide new corporate updates to HPs as they are announced as quickly as possible to keep busy health professionals updated with nutraMetrix changes or improvements.

(5) Follow all Market America guidelines regarding social media management in a professional manner. Any DSHEA violators may be removed from any nutraMetrix group or page if violations occur three or more times.

(6) Become a Certified NC within two years of initial NC training.

(7) nutraMetrix Consultants MAY NOT obtain and/or distribute any nutraMetrix materials intended for nutraMetrix Health Professional use only. NCs found abusing these policies will be referred to the Compliance Department for corrective action.

NOTE: Previous medical sales, scientific or health experience/education is NOT required to become an NC.

SEC. 8 NUTRAMETRIX CONSULTANT TRAINING

(A) To maintain NC status and privileges, NCs must complete an NC Training every two years. An NC who has not completed NC Training in the last two years will lose NC status and privileges and will not be permitted to sponsor HP/HP1 UnFranchise Owners.

(B) Any person may attend an NC Training, whether or not such person is a Market America Independent UnFranchise Owner. Individuals outside the US may attend NC training and become nutraMetrix Consultants; however, only Health Professionals sponsored within the US will become nutraMetrix Health Professionals and have access to the full nutraMetrix product line and materials.

NC Training information, registration forms and schedules can be obtained at www.nutraMetrix.com under the Events tab or from www.marketamericaevents.com under the nutraMetrix tab. NC Training seats may also be purchased online or through the ordering line at 1-800-232-8590.

SEC. 9 CERTIFIED NUTRAMETRIX CONSULTANT

To become a Certified NC, an NC must:

(A) Attend an NC Training within two years of their initial NC training.

(B) Personally sponsor and retain at least two HP/HP1 UnFranchise Owner practices.

(C) Have two sponsored HP/HP1 UnFranchise Owner practices submit a Corporate NC Evaluation form directly to the nutraMetrix Division.

The nutraMetrix NC Evaluation Form is located at www.unfranchise.com under support materials>nutraMetrix.

SEC. 10 HP/HP1 INDEPENDENT UNFRANCHISE OWNER / NC ORGANIZATIONAL STRUCTURE

(A) Each HP/HP1 UnFranchise Owner who carries nutraMetrix Custom Health Solutions must be sponsored by an NC in good standing or an existing HP UnFranchise Owner.

(B) If a Market America UnFranchise Owner who is not an HP or NC recruits a new HP/HP1 UnFranchise Owner, the UnFranchise Owner is required to attend an upcoming NC training for the HP/HP1 UnFranchise Owner to maintain HP/HP1 UnFranchise Owner status with nutraMetrix. The following rules apply in such situations:

(1) A Non-NC/HP UnFranchise Owner will refer a newly prospected HP/HP1 UnFranchise Owner to any NC or HP UnFranchise Owner in the Non-NC UnFranchise Owner’s upline or downline.

(2) The NC or HP UnFranchise Owner will sponsor the new HP/HP1 UnFranchise Owner.

(3) The sponsoring NC or HP UnFranchise Owner will be responsible for the management, training and ongoing support of the new HP/HP1 UnFranchise Owner.

(4) The placement of the new HP/HP1 UnFranchise® Owner in the existing sales organization will be agreed upon by the sponsoring NC or HP UnFranchise Owner and the Non-NC UnFranchise Owner.

(5) If the sponsoring NC or the HP UnFranchise Owner places the new HP/HP1 UnFranchise Owner in a position not agreed upon by the referring UnFranchise Owner, Market America may take corrective action against the NC or HP UnFranchise Owner.

(6) If an existing Market America Independent UnFranchise Owner with a qualifying HP license wants to become an HP/HP1 UnFranchise Owner, their sponsor must be an existing NC or HP UnFranchise Owner or take the NC Training and meet the requirements to become an NC. If the sponsor is no longer an active Market America UnFranchise Owner, the UnFranchise Owner may work with any upline/downline NC or HP UnFranchise Owner, or if an upline NC does not exist, then the UnFranchise Owner should take an NC Training. After meeting these requirements, the Market America UnFranchise Owner can submit a copy of their health professional license to the nutraMetrix® Division and request a status change to HP/HP1 UnFranchise Owner.

(7) If a sponsoring NC or HP loses that status or is no longer active, the sponsored HP/HP1 UnFranchise Owner must seek assignment of an upline NC or obtain NC status for the HP/HP1 operations.

(8) Should an existing or prospective HP/HP1 request the Division assists in identifying an available NC, the UnFranchise Owner will be referred to an existing NC with a strong knowledge base and support skills.

SEC. 11 ENHANCED NUTRAMETRIX CUSTOM HEALTH SOLUTIONS PURCHASE POLICY

HP UnFranchise Owners may authorize the credit card used for their UnFranchise Autoship to be used for the initial order or the Autoship of a maximum of four personally-sponsored office Non-HP staff members or HP/HP1 UnFranchise Owners working within that HP’s Practice. As such, this credit card is allowed a maximum of five total UnFranchise Autoships (the HP UnFranchise Owner personally, plus four personally-sponsored in-office staff members or HP/HP1 UnFranchise Owners). Products purchased by the HP UnFranchise Owner under this policy may be nutraMetrix-branded products.

(A) For this policy to apply, the shipping address of each initial order and/or Autoship must be exactly the same as the shipping address of the sponsoring HP UnFranchise Owner’s Autoship.

(B) All rights to cancel the above credit card authorization for these UnFranchise Autoships remain with the sponsoring HP UnFranchise Owner who owns the credit card.

(C) The staff members for whom the HP UnFranchise Owner is purchasing nutraMetrix-branded products must be personally sponsored by the HP UnFranchise Owner.

(D) The staff members for whom the HP UnFranchise Owner is purchasing nutraMetrix-branded products must be permanent, full-time employees of the HP’s Practice.

(E) The office staff members must submit the Employment Verification Form to have access to nutraMetrix products and tools. This form is located at www.unfranchise.com under downloads>support materials>nutraMetrix.

(F) Non-HP staff members are only permitted to sell nutraMetrix-branded products to the HP UnFranchise Owner’s patients through the HP’s Practice. Non-HP staff members must attend a nutraMetrix Training to build a nutraMetrix business or sponsor nutraMetrix Health Professionals. Non-HP staff members must have the same shipping address as the HP’s shipping address.

(G) All orders of nutraMetrix-branded products for an HP UnFranchise Owner’s personally-sponsored staff members must be paid for by the sponsoring HP UnFranchise Owner. Non-HP staff members may not purchase or pay for nutraMetrix Customs Health Solutions products directly.

SEC. 12 FREE AND SCALED SHIPPING AND HANDLING FEES FOR HP/HP1 INDEPENDENT UNFRANCHISE OWNERS

(A) Free Shipping Option. HP/HP1 UnFranchise Owners may elect to receive free shipping of nutraMetrix products shipped directly to the HP/HP1 UnFranchise Owner’s office for orders over $150.00 UnFranchise Cost. HP/HP1 UnFranchise Owners who elect this option will receive a 20 percent reduction in BV for all such orders. To elect this option, the HP/HP1 must enable free shipping on the UnFranchise order process.

(B) Discounted Shipping. Unless the above Free Shipping option is elected, the following discounts to the standard shipping and handling charges are in place for HP/HP1 UnFranchise Owners ordering nutraMetrix products:

Discount tiers for HP/HP1s:
Order Total    S&H Fee
$5,000 and up    4.5%
$3,000-$4,999    5.5%
$1,000-$2,999 6.5%
Under $1,000 7.5%

Note:
(1) These discounted rates only apply to nutraMetrix® product codes.

(2) These rates only apply to the standard shipping option.

(3) Orders for regular Market America product codes will be charged the standard 7.5 percent shipping and handling fee.

(4) Orders picked up at the USA Distribution Point (Market America Corporate Headquarters) will only be charged a 3.75 percent handling fee.

SEC. 13 MARRIED COUPLES

Market America and nutraMetrix shall consider each married couple as a single Independent UnFranchise® Business. Married couples cannot have separate UnFranchise Businesses. If two current UnFranchise Owners become married or plan to become married, they must contact the Field Compliance Department for instructions, as marriage between UnFranchise Owners can impact a variety of policies, including the prohibition of multiple UnFranchise Ownerships. If an UnFranchise Owner is married, a copy of the UnFranchise Owner’s marriage license should be submitted to the Field Compliance Department in order to add the UnFranchise Owner’s spouse to the UnFranchise Business.

NOTE: An HP/HP1 UnFranchise Business will be considered to include the spouses of the Health Professional who qualifies the HP/HP1 status, the Approved Business Owner and any principal of the business who benefits from the HP/HP1 operations.

SEC. 14 ECCT/NDT/BASIC 5 TRAINING PROXY OPTION FOR HP/HP1 INDEPENDENT UNFRANCHISE OWNERS

An HP UnFranchise Owner may select someone from their practice (e.g., office manager or assistant) to take the Executive Coordinator Certification Test (ECCT), NUOT and/or Basic 5 Training for them as their proxy.

(A) The proxy may not be the sponsoring NC unless that person is employed by the HP UnFranchise Owner’s practice.

(B) The proxy can represent up to two HP UnFranchise Owners within a practice in addition to the proxy himself or herself.

(C) For the ECCT, the form entitled “Market America nutraMetrix ECCT Form” must be signed by both the HP UnFranchise Owner and the proxy taking the ECCT and given to the Certified Trainer administering the ECCT before taking the test. This form can be found on your UnFranchise Business Account under nutraMetrix/Downloads.

Please contact the nutraMetrix Division at nutraMetrix@nutraMetrix.com with any questions.