Market America’s internet and WebCenter policies cover all forms of internet activity related to Market America, including, but not limited to, Secondary Websites, auction sites, social networking sites, weblogs/blogs, classified ads, message boards, email communications and WebCenters. For purposes of this internet and WebCenter policy, Secondary Websites shall mean any UnFranchise® Owner website with its own unique URL that promotes Market America products or the Market America business opportunity, other than the Market America Custom Web Portal, Mini-Websites, WebCenters and Mini-WebCenters.
(A) Market America’s Custom Web Portal, Mini-Websites, WebCenters and Mini-WebCenters are the only accepted points of sale (for example, selling through an online “check out” or “shopping cart” or accepting an online payment) for Market America products and services on the internet.
(B) UnFranchise Owners may not supply Market America products to a non-UnFranchise Owner with the knowledge or suspicion that the non-UnFranchise Owner intends to market the products over the internet. UnFranchise Owners must immediately cease and desist from supplying products to a non-UnFranchise Owner upon learning that the products are being marketed on the internet.
(A) Market America UnFranchise Owners may not sell any Market America products or services through online auction websites, including, but not limited to, eBay or Yahoo!, nor place any advertisement or promotion of Market America or its products or services on such sites.
(B) Market America UnFranchise Owners may not sell any Market America products or services through online shopping websites, including, but not limited to, Amazon.com, nor place any advertisement or promotion of Market America or its products or services on such sites.
(A) Secondary Websites are permitted only if they are registered with Market America’s Compliance department before they are posted for public access on the internet.
(B) Registration can be completed by emailing the URL of your website to
webregistration@marketamerica.com.
(C) All registered Secondary Websites must prominently display a registration number in the bottom right corner of the landing page of the Secondary Website.
(D) Registration of a website does not constitute approval of the website’s content, and all websites are subject to Market America’s periodic review to confirm compliance with the Market America internet policy.
(E) Any Secondary Website that has not been registered in compliance with Market America’s internet policy must be taken down immediately. UnFranchise Owners who are contacted by compliance personnel will not be permitted to keep the site posted while changes are being made to bring the site into compliance. UnFranchise Owners who own or control websites that violate this registration policy are subject to having their access to their UnFranchise® Business Account blocked without prior notice, in addition to being subject to the Corrective Action Procedure and other appropriate remedies.
(F) Secondary websites of UnFranchise Owners residing in the European Union, shall pursuant UK Trading Scheme Regulations, contain the following warnings:
(1) It is illegal for a promoter or a participant in a trading scheme to persuade anyone to make a payment by promising benefits from getting others to join a scheme.
(2) Do not be misled by claims that high earnings are easily achieved.
(A) Any UnFranchise Owner communicating through the internet must use the word “independent” to describe their status, for example, by using the term “Independent UnFranchise Owner.”
(B) If the title or page of any Secondary Website, message board, social networking site, or any profile pictures or weblog/blog references Market America or contains any Market America trademark or trade name, the title or page must also include the words “unofficial” or “Independent UnFranchise Owner.”
(A) UnFranchise® Owners may only make the precise claims concerning Market America products or services and income claims that appear in official company literature or publications. All other claims are strictly prohibited.
(B) UnFranchise Owners may not make any unauthorized testimonials concerning Market America products or services, the marketing plan, or the company via any forms of communication on the internet.
UnFranchise Owners may not distribute materials or make statements in any form on the internet that:
(A) Use any Market America copyrighted material, including but not limited to materials from Market America websites, publications or presentations, or recorded webinars or tutorials of any kind;
(B) Depict the Market America business plan;
(C) Misuse the name or likeness of any Market America executive or employee, or the trademarks or trade names of Market America’s partner stores (direct or indirect partners); or
(D) Disparage or defame Market America, including, but not limited to, Market America’s related companies, subsidiaries, officers, directors, employees and other UnFranchise Owners.
However, UnFranchise Owners may distribute materials on the internet that are provided to them through the downloads section on their UnFranchise Business Account including, but not limited to, pre-approved Banner Ads and Sponsored Ads.
UnFranchise Owners may not list or advertise any products below the Suggested Retail Price. Any other reference to product prices, discounts, additional units for the same price, or the use of the terms “discount,” “free,” or any other terms that suggest discount pricing or favorable financial terms below the Suggested Retail Price of products, is strictly prohibited.
Contact information, other than the URL of a Market America website, as a means towards purchasing Market America products, is prohibited. For example, UnFranchise Owners may not display a toll-free number, email address, mailing or postal address, or link to a third-party website as a way in which a potential customer can contact the UnFranchise Owner to purchase product; however, linking to the contact information on the UnFranchise Owner’s website is acceptable.
(A) Only pre-approved Sponsored Ads, provided to Market America Web Portal owners through the download section of an UnFranchise Owner’s UnFranchise Business Account, may be submitted to search engines, either directly or by proxy (for example but not limited to, using a pay-per-click service). The use of any other ads for this type of advertising is expressly prohibited regardless of the ad’s content. UnFranchise Owners may submit proposed ads for review by Market America by sending them in an email to internetcompliance@marketamerica.com with the words “Online Ad Request” in the subject line.
(B) Ads may not disguise the UnFranchise Owner’s domain name to appear as a Market America domain name. For example, a Sponsored ad for Isotonix® may not show the domain name as GLOBAL.SHOP.COM, but must show as GLOBAL.SHOP.COM/[YOUR WEB PORTAL NAME].
(A) Copyrights: Market America grants a limited license to its Independent UnFranchise Owners to use and display current Market America product images and logos (but not Partner Store images and logos) from GLOBAL.SHOP.COM on the internet for marketing and promotional purposes only; provided, however, that such images may not be altered in any way. For example, current images of bottles or product packaging for Market America-branded products can be used.
(B) No other images, photographs or logos contained on any Market America website may be used on Secondary Websites or for other internet uses.
(C) Secondary Websites or other internet use may not copy the “look and feel” of any Market America websites or publications.
(D) Trademarks: Market America grants a limited license to its Independent UnFranchise Owners to use and display Market America’s brand and product names; provided, however, that such use must contain the appropriate trademark designation as shown on GLOBAL.SHOP.COM. For example, “OPC-3®”, not “OPC-3” or “OPC-3™”.
(E) The use of meta tags and key words with Market America’s trademark brand and product names is permitted.
(F) Market America owns the copyright to all Market America-created videos. UnFranchise Owners may embed or link to such videos on Secondary Websites and social networking sites, but may not download, copy, transfer, sell or make any other use of Market America-created videos without Market America’s written permission.
(G) Except as permitted under this Section, UnFranchise Owners may not advertise or promote any Market America products if such advertising or promotion will violate the copyrights, trademarks or trade names of Market America or its Partner Stores (direct or indirect partners).
(A) No domain name shall incorporate in part or in whole or be confusingly similar to any of Market America’s trademarks or trade names, or incorporate the names of Market America executives or employees, the terms “discount,” “free,” or similar terms, or the trademarks or trade names of Market America’s Partner Stores (direct or indirect partners).
(B) Market America retains the right to reject a domain name selected for a Secondary Website at any time. In the event such a name is rejected by Market America the UnFranchise Owner must select another name.
(C) UnFranchise Owners may use a domain name pointing service to link a domain name to their Custom Web Portal. However, UnFranchise Owners may not mask the domain name of their Custom Web Portal, including but not limited to the use of wrappers, frames or other known methods to change the “look and feel” of their Custom Web Portal.
(D) Names for UnFranchise Owner Portals or Mini-Websites shall not incorporate in part or in whole, or be confusingly similar to, any of Market America’s trademarks or trade names. Also, these names shall not incorporate (i) the names of Market America executives or employees; (ii) the terms “discount,” “free,” or similar terms. Market America retains the right to reject a Web Portal or Mini-Website name at any time. In the event such a name is rejected by Market America the UnFranchise Owner must select another name.
(A) UnFranchise Owners may reference their Market America UnFranchise Business and Market America products on social networking sites strictly according to the internet and WebCenter policies contained in this Chapter and the Advertising and Promotion policies contained in Chapter 19.
(B) Profile pictures and/or avatars may not include Market America’s copyrighted or trademarked images or logos.
(C) Group names may not use the word “official” or “corporate.” The names of groups or pages with (i) a Market America focus or (ii) containing links to entities or individuals affiliated with Market America must contain the words “Independent UnFranchise Owner.”
(D) Market America may, at its sole discretion, prohibit the use of any social media group or page name at any time. In the event Market America prohibits the use of a social mediate group or page name, the UnFranchise Owner must select another social media group or page name.
(E) UnFranchise Owners may promote their Market America business on their own social networking pages but, may not promote the Market America business on the pages of the Market America Partner Stores.
(F) UnFranchise Owners’ social networking activities must comply with all rules and policies set by the social networking site on which they are conducting activity. Violations of any such rules or policies shall constitute a violation of Market America’s internet and WebCenters policies.
(G) UnFranchise Owners may not advertise or promote both Market America and any other competing company on the same social networking account. (See IUA&A for details.)
(1) Advertising and promotion of a competing company includes, but is not limited to:
(a) Liking or commenting on a social networking post concerning a competing company;
(b) Sharing a social networking post about a competing company;
(c) Directly posting on a social networking site about a competing company.
(2) If an UnFranchise Owner’s contract with Market America is terminated for any reason, the UnFranchise Owner’s social networking account used to advertise and promote Market America may not be used to advertise or promote another competing company for a period of twenty-four (24) months (or longer if UnFranchise Owner is subject to other Agreements with Market America).
UnFranchise Owners are only allowed to reference Market America in emails as follows:
(A) A signature block that identifies the UnFranchise Owner as an “Independent UnFranchise® Owner” is permitted.
(B) Text hyperlinks to the UnFranchise Owner’s own website or WebCenter are also permitted as part of an email signature block that identifies the UnFranchise Owner as an “Independent UnFranchise Owner.” The email where this link originates may not make any statement that is inconsistent with the rules, regulations, policies, and procedures of Market America or the Market America internet policy.
(C) UnFranchise Owners are prohibited from sending SPAM or SPAMMING (sending unsolicited emails) that is either directly or indirectly related to Market America. This prohibition includes any SPAM emails that reference Market America or any Market America products or services, any hyperlinks to an UnFranchise Web Portal or to the Market America website, or the Market America marketing plan, directly by name or otherwise. Such unauthorized references include the use of close approximations, generic references, and/or the use of general descriptive references to any intellectual property of Market America.
(A) WebCenters, Mini-WebCenters and Website Sales: UnFranchise Owners participating in the Market America WebCenter program must adhere to the following terms and conditions in exercising the use of their WebCenters:
(1) WebCenter owners who elect to solicit the help of non-UnFranchise Owners to sell websites may not preclude or deny the non-UnFranchise Owner access to the Market America business opportunity if the non-UnFranchise Owner wishes to begin a distributorship. Non-UnFranchise Owners who are on trial runs of the UnFranchise Business Opportunity through selling websites for a WebCenter owner may not be solicited for sponsorship by another WebCenter owner.
(2) A WebCenter owner may not allow his or her WebCenter to be used by another UnFranchise Owner to sell websites for the purpose of avoiding the purchase of a WebCenter. A WebCenter owner may help another WebCenter owner learn how to sell websites. However, any BV and retail profit generated from such help and support must be duly credited to the assisted UnFranchise Owner.
(3) WebCenter owners who own Mini-WebCenter subscriptions may not assign nor permit usage of a Mini-WebCenter to another Market America UnFranchise Owner. If a Mini-WebCenter user working with a WebCenter owner becomes an UnFranchise Owner, the Mini-WebCenter must be disabled. The new UnFranchise Owner can then purchase a WebCenter of his/her own if the new UnFranchise Owner wants to continue selling websites.
(4) In providing cross-line support, an UnFranchise Owner shall not make such support conditional upon the cross-line UnFranchise Owner or prospect engaging in any activities which attempt to divert his or her effort, production, or activity away from the original line of sponsorship within the MPCP.
(5) Monies accepted in consideration for creating or modifying a third-party website through the WebCenter interface must first be applied to activating the website prior to applying the payment to any other purpose.
(6) UnFranchise Owners may not use the pre-approved UnFranchise Owner merchant accounts (associated with Web Portals and the accompanying virtual terminals) to collect monies for website sales. Such accounts are not underwritten to allow website sales.
(B) Website/WebCenter Collections:
(1) Definitions:
(a) A “chargeback” is defined as a customer-disputed charge on a credit card statement and/or bank statement if paid by credit or debit card, respectively.
(b) A “return” is defined as an e-Check payment returned by a customer’s bank for any reason. Examples of returns include, but are not limited to, non-sufficient funds, uncollected funds, stop payment and revoked authorization.
(2) Chargeback/Return Policy: All chargebacks or returns received will incur a service charge.
(3) WebCenter/Website Collections Policies:
(a) If the Chargeback Prevention Forms available through the Sales Support section of the WebCenter Administration are filled out completely, including the imprint of customer’s credit/debit card, and the originals (not copies) are submitted to ma WebCenters® prior to the receipt of a chargeback, the UnFranchise Owner will not incur the service charge(s). The mailing address to send the applicable original Chargeback Prevention Forms is:
ma WebCenters
4380 Boulder Highway
Las Vegas, NV 89121
Sending facsimiles or copies to ma WebCenters is not acceptable. UnFranchise Owners should retain a copy and proof of mailing for their records in case of a dispute or discrepancy. Customized forms that contain the verbiage and customer information/authorization found on the downloadable WebCenter forms are also acceptable.
(b) UnFranchise Owners are responsible for repayment of any profit on transactions that are charged back or returned from the bank, and any related service charge(s), in order to clear any chargeback or return.
(c) All chargebacks and returns must be cleared with a credit card, money order, credit on account with Market America, cashiers check, or personal check (check writing privileges apply).
(d) If Market America receives a chargeback or a payment/electronic draft was returned for nonpayment, we will contact the UnFranchise Owner by telephone to discuss the chargeback or return. If contact is not made with the UnFranchise Owner on the first attempt, Market America will suspend any or all of the UnFranchise Owner’s contract privileges, including without limitation all WebCenter privileges, until the chargeback or return is cleared or alternative payment arrangements are made.
(e) Commission checks may be withheld until all chargebacks or returns, including any service charge(s), are cleared with Market America. A 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 chargeback has still not been cleared or payment arrangements made, the commission check(s) will be forfeited.
(f) Business Volume for transactions that are charged back or returned will be removed the day Market America receives notification of the chargeback/return. The Business Volume removed will be applied to the week of the original transaction and any commission check earned on that volume may be adjusted as appropriate.
(g) Unless other repayment arrangements are made to clear the chargeback, any chargeback or return balance not satisfied within 30 days will be turned over to a collection agency. If the chargeback or return is still outstanding after 30 days, it will be reported to the Credit Reporting Agency. (This means that the outstanding balance could affect the UnFranchise Owner’s credit score.)
(C) WebCenter and Website Cancellations and Credits: The following policies are applicable to cancellations of websites and WebCenters.
(1) Websites (including Family Websites) must be canceled within the 10 day trial period in order to receive a full refund.
(2) WebCenters must be activated at the time of purchase. A WebCenter subscription is considered a service and is nonrefundable if canceled.
(3) UnFranchise Owners must repay Market America any profit received on a website sale that was canceled within the 10-day trial period. Payments can be made with a credit card, money order, Credit on Account with Market America, cashiers check, or personal check (check writing privileges apply).
(4) If the retail profit was paid on a website that is being charged back or a payment/electronic draft was returned for nonpayment and the UnFranchise Owner has already received payment for the retail profit on that website, Market America will contact the UnFranchise Owner upon notification of the chargeback or returned payment.
The UnFranchise Owner’s account will be suspended until arrangements are made with our Web Collections Department.
(5) Commission checks may be held or applied to outstanding balances until all profits are repaid to Market America. Any 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 profit has still not been repaid, the commission check will be forfeited unless other repayment arrangements have been made and accepted by Market America.
(6) Business Volume for all websites (including Family Websites) that are canceled within the 10-day trial period will be removed the day Market America receives notification of the cancellation. The Business Volume removed will be applied to the week of the original transaction.
(7) WebCenters that have been canceled for any reason must be reactivated using the appropriate reactivation code and fee.
(8) Credits for WebCenter-related and website-related services are issued at the sole discretion of Market America on a case-by- case basis.
(D) WebCenter Suspensions: WebCenter owners may not suspend their WebCenter hosting at any time. WebCenters that are delinquent on hosting fees for 15 days will be disabled without notice. WebCenter owners may reactivate their WebCenters within 75 days of the date their account became delinquent by paying all of the delinquent hosting fees. WebCenters that are delinquent for more than 75 days will be canceled.
Due to the frequency that internet-related products and services (and the related meeting/training presentations) are updated, internet trainings and corings are governed by the following:
(A) Emulated Trainings and Corings: UnFranchise Owners who are not Certified WebCenter Trainers (CWTs) may not conduct trainings or corings that emulate the WebCenter Certification Training (WCT) using materials obtained from previously attended Certified WebCenter Training courses. Non-CWTs may conduct corings using materials available to all UnFranchise Owners via their UnFranchise Business Account.
(B) Approved Website Trainings and Materials: Without specific prior written approval from the Market America Internet Training and Sales department, UnFranchise® Owners may not teach or promote website sales methods or systems which deviate from Market America’s WebCenter Certification Training (WCT). Only CWTs may conduct WCTs. In addition, only company-approved materials may be used in representing the Market America WebCenters Website sales program at corings and trainings/meetings.
(C) Approved Trainings: CWTs may not conduct WebCenter Certification Trainings that have not been approved, for a given date and location. A CWT who plans to conduct a training in an area within 100 miles of another CWT’s locality, or within 100 miles of another scheduled CWT curriculum training, should contact the affected trainer as a courtesy to inform him/her of the training and/or to coordinate training efforts.
(A) Leader Responsibility: It is the responsibility of all leaders (Certified Executive Coordinators and higher UnFranchise Levels) to enforce Market America's internet and WebCenter policies.
(1) Any leader, upon learning of a clear or suspected violation of the Market America internet policy, should immediately attempt to bring about compliance by directly contacting the violating UnFranchise Owner.
(2) If a leader cannot bring about compliance after directly contacting the violating UnFranchise Owner, then that leader should report the violation(s) or possible violation(s) to Market America's Internet Compliance Coordinator immediately. UnFranchise Owners can contact the Internet Compliance Coordinator with the relevant facts at the corporate office by mail, fax or by email at internetcompliance@marketamerica.com.
(3) All UnFranchise Owners, regardless of UnFranchise Level, should report violations of this policy to upline leadership and/or Internet Compliance.
(B) Disciplinary Action: Any violation of the Market America internet policy may result in initiation of the Corrective Action Procedure which provides for a variety of sanctions including possible cancellation of the violating UnFranchise Owner’s contract.
(1) Violations of this policy may result in immediate suspension of the violating UnFranchise Owner’s website, Mini-Website, WebCenter, and/or Mini-WebCenter(s), etc., as applicable pending the correction of the violation. UnFranchise Owners will have 10 days to correct minor violations of Market America’s internet policy.
(2) Failure to comply, repeat violations, or egregious violations will result in initiation of the Corrective Action Procedure as described in the Market America UnFranchise Manual.