(A) UnFranchise® Owners’ Responsibility: UnFranchise Owners may be given access to certain confidential information, reports, and material regarding Market United Kingdom’s business, including but not limited to UnFranchise Owner lists, UnFranchise Owner and customer contact information, UnFranchise Owner financial data, an UnFranchise Owner’s personal and/or group sales volume(s), linkage and/or genealogy information, the GMTSS, Market America voicemail system and 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 United Kingdom 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 United Kingdom businesses.
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 United Kingdom’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 United Kingdom 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 United Kingdom to cease or alter their business relationship with Market United Kingdom; or
(5) Reproduce Proprietary and Confidential Information in whole or in part for any UnFranchise Owner or any other person except as authorised in writing by Market United Kingdom to ensure the quality, integrity and service of these valuable business assets remains protected.
Upon termination or cancellation of the Independent UnFranchise Owner Application & Agreement (IUA&A), the UnFranchise Owner must return all Proprietary and Confidential Information in its entirety to Market United Kingdom.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 United Kingdom business. An UnFranchise Owner will be solely responsible and liable to Market United Kingdom (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 United Kingdom 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 United Kingdom, 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.
Pursuant to U.K. Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Independent UnFranchise Owners whenever making sales to a consumer in home meetings or in any off premises circumstances must provide a written document to the consumer listing, inter alia, the consumer right to withdrawal/cancel the order (please download a template of the aforementioned document from UnFranchise.com for your reference). Please note that when an order is cancelled within 14 days from the date of the order, the amount paid by the consumer shall be returned in full with no discounts.
Each UnFranchise Owner agrees to indemnify and hold harmless Market United Kingdom, 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.
UnFranchise® Owners may not communicate (including phone calls, emails, etc.) directly with Market United Kingdom manufacturers, suppliers or vendors without written permission from Market United Kingdom (the only exception being acceptable contact at corporate-sponsored events).
(A) Vendor Contact/Communication: UnFranchise Owners may not, under any circumstances, arrange for Market United Kingdom manufacturers, suppliers or vendors to attend meetings, speak at meetings, or conduct product training.
(1) Market United Kingdom will make all arrangements, and only Market United Kingdom shall book such engagements (e.g., 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 United Kingdom Product Information Department.
(C) Prohibition of Benefits: UnFranchise Owners are not permitted to receive commissions, free or discounted products, bonuses or any other benefit from any current or prospective vendor, manufacturer or supplier to Market United Kingdom, for arranging contact between Market United Kingdom and the vendor, manufacturer or supplier.
MAPS is designed to ensure accountability for upline leadership in meeting their responsibility of managing, training and supporting their downline organisations. This is accomplished by providing a structured programme 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 Owner–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 United Kingdom 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 United Kingdom UnFranchise Manual, or are otherwise accepted as firmly established policies/procedures of Market United Kingdom;
(3) issues concerning problems with UnFranchise Owners within one’s organisation, 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 United Kingdom to call back to the corporate office within five business days from the date of the initial referral to inform Market United Kingdom whether or not the upline leader responded to the request for assistance. If the referred UnFranchise Owner informs Market United Kingdom that the upline did respond, then the referral is coded as “Resolved.” If the referred UnFranchise Owner informs Market United Kingdom 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 United Kingdom 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 United Kingdom to have the greatest financial interest in a particular UnFranchise Owner within their organisation. 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 organisation where the referred UnFranchise Owner resides.
(2) UVI UnFranchise Owners generate at least 300 GBV on the opposite side of their organisation from where the referred UnFranchise Owner resides.
(3) The Business Development Centre (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 United Kingdom 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 United Kingdom whether or not the UVI UnFranchise Owner responded to the request for assistance. If the referred UnFranchise Owner informs Market United Kingdom that the UVI UnFranchise Owner did respond, then the referral is coded as “Resolved.” If the referred UnFranchise Owner informs Market United Kingdom 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 United Kingdom 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 United Kingdom 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 United Kingdom voice mail extension through the Market United Kingdom 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 United Kingdom.
(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 organisations, 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. For example, based entirely on a calendar year, the third quarter of the year 2000 would end 30 Sept. 2000, but because the 30 of Sept. falls on a Saturday, the MAPS quarter extends to the following week-ending Friday and ends 6 Oct. 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 recognise 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%, 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%, 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%, 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%, 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%, 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 payment is earned; whatever that week is, all payments 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 United Kingdom.
(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 payments earned from any and all BDCs under that same ID number for that particular week. For example, if after receiving a MAPS score of 50% (“S”) for a given MAPS quarter, an UnFranchise Owner three weeks later earns £30,000 on his BDC-001, £30,000 on his BDC-002 and £15,000 on his BDC-003, then he/she would forfeit a total of £75,000 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 programme and its accountability measures are designed as a supplement to the policies and procedures in the Independent UnFranchise Owner Application & Agreement and the current edition of the Market United Kingdom UnFranchise Manual. They do not supersede such policies and procedures, nor do they limit Market United Kingdom remedies in any way. If an UnFranchise Owner fails to perform his/her management and supervisory responsibilities, Market United Kingdom may address the situation with any of the remedies and Corrective Action Procedures described in the Independent UnFranchise Owner Application & Agreement and the current edition of the Market United Kingdom UnFranchise Manual.
Contacts made through Market United Kingdom should be used exclusively for Market United Kingdom 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 & Agreement.
UnFranchise Owners agree not to solicit other Market United Kingdom Independent UnFranchise Owners and/or customers, except for their personally sponsored UnFranchise Owners and persons they know independently of any Market United Kingdom contact, for any purpose other than Market United Kingdom 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 United Kingdom 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 United Kingdom, attention to the Director of Corporate and Field Services.
We appreciate the trust you place in Market United Kingdom 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.
(A) Information We Collect:
(1) Personal Information: To best serve your needs, we will, from time to time, collect certain information from you. The information we collect may include, without limitation, your name, tax identification number, address, telephone number, email address, corporate information, testimonial, credit card information and date of birth. Personal information will be collected at various times including, without limitation, when you:
• Submit an Independent UnFranchise® Owner Application & Agreement
• Register a Preferred Customer
• Apply to change the name or ownership of your UnFranchise Business
• Apply to be a Business Entity UnFranchise Business
• Order or reorder products by telephone or on our website
• Write an email or letter to Market United Kingdom
• Submit a testimonial or personal success story to Market United Kingdom
• Order tickets to an event or seminar
• Return an item or make an exchange
• Participate in a marketing survey, promotion or event
• Attend an event or seminar
• Contact our customer service department
• Navigate the website
• Register on our website
• Order products and services from our Partner Stores
(2) Technical information collected and stored automatically: When you visit our website, we may store some or all of the following: the internet address from which you accessed the site, the date and time you visited the site, whether you are a new or returning visitor, the page from which you exit the site, what country you are visiting from (your network location), the internet address of the website from which you linked to the site, the name of the file or words you searched for, items clicked on a page, and the browser and operating system used.
(B) Using Information We Collect: We want to provide you with the best possible Internet experience and fulfil your orders exactly as you've requested. Additionally, we want to make your experience as an Independent UnFranchise Owner or Sales Representative a pleasant and successful one. To do this, we collect information that allows us to, without limitation:
• Process your order
• Provide the products and services you request
• Partner with stores where you like to shop
• Send you promotional offers
• Identify the product and service preferences of you and your customers
• Customise our communications to you
• Improve our product selection and customer service
• Share your positive product testimonials and personal success stories with others
• Enter into an Independent UnFranchise Owner (or Sales Representative) relationship with you
• Track and credit BV and IBV
• Monitor your compliance with Market United Kingdom rules and policies
• Include your name, stories, testimonials, images and commission income information in Market United Kingdom publications and literature:
o in local and national newspapers, magazines or other media;
o at Market United Kingdom events, on Market United Kingdom CDs and DVDs and other audios and videos, on websites and in publications and literature owned, operated or published by Market United Kingdom or its affiliates or third parties;
o in any other Market United Kingdom communications to the field or others; and/or
o otherwise deemed useful or appropriate by Market United Kingdom.
(2) Use of Technical Information: This information is used to measure the number of visitors to the site and to various sections of the site, the percentage of visits that came from particular key word searches, the average time spent on the site by visitors and the average number of page views by visitors. It may also be used to identify system performance or problem areas. We also use this information to help us develop the site, analyse patterns of usage, and to make the site more useful. This information is not used for associating search terms or patterns of site navigation with individual users. The site may periodically delete its web logs. We use third party analytics services to collect and analyse this data, and on occasion, we may provide this information to third party entities we contract with for the purpose of further analysing website traffic.
(3) Use of Cookies: Market United Kingdom uses cookies on our websites. A cookie is a small data file that is stored by your web browser on your computer. Cookies allow us to enhance, personalise and track your online experience, so that the information you receive is more relevant to you. This technology will allow you to move faster through our website once the information is in our database because you do not have to re-enter the same information or log in each time you enter the site.
(C) Information We Share with Others and Your Privacy Rights:
(1) It is not a practice of Market United Kingdom to sell, rent or trade personal information. To service our UnFranchise® Owners, Sales Representatives and Preferred Customers, we share limited personal information with our Independent UnFranchise Owners and affiliates. The Market United Kingdom Independent UnFranchise Owners are obligated to treat the information you supply with confidentiality.
(2) We share certain limited information with the Partner Stores where you shop. Additionally, we contract with other companies to provide certain services, including without limitation credit card processing, IT consulting, printing, shipping, internet services, e-commerce, and public and media relations. We make every effort to provide these companies with only the information they need to perform their services. Generally, such companies are prohibited from sharing this information with anyone other than Market United Kingdom or its Independent UnFranchise Owners.
(3) On rare occasions, we may disclose specific information upon governmental request, in response to a court order, or when required by law to do so. We may also share information with companies assisting in fraud protection or investigation. We do not provide information to these agencies or companies for marketing or commercial purposes.
(D) How We Use Email: When you provide us your email address, we may send you emails necessary to process your order, respond to a request, provide customer service, promote products or services, or assist you in growing your business, inform you about products, services or promotional materials and assist you with the promotion of products and services to your customers. It is our intent to send promotional emails only to those persons who wish to receive them. We provide instructions on how to unsubscribe in our emails.
(E) Links to Other Sites: We provide links on our website to other sites. These sites operate independently of Market United Kingdom and have established their own privacy and security policies. We encourage you to review these policies at any site you visit.
(F) Updating or Reviewing Your Information: You may review or update your UnFranchise Owner information (address, telephone number, email address, credit card number, etc.) on UnFranchise.com under My Account > Account Settings > UnFranchise Owner Profile.
(G) Security:
(1) Market United Kingdom is committed to protecting the privacy of your personal information. It is our intent to protect against the loss, misuse or alteration of information that we have collected from you. We use a variety of current technologies and processes for protection of information we collect, and we limit the information we provide to third parties.
(2) When you make a purchase or submit an Independent UnFranchise Owner Application & Agreement or other document on our website, your transactional information is transmitted in a safe, encrypted format.
(H) Privacy of Children on Our Website: Our website is not intended for use by anyone under the age of 18. We do not knowingly collect personal information from persons under the age of 18.
(I) Policy Changes: From time to time, we may use customer information for unanticipated uses not previously disclosed in our privacy notice. If our information practices change, we will post these changes in our website. We encourage you to review our privacy policy periodically.
(J) Your Consent: By using Market United Kingdom facilities and continuing to order products and services, you consent to the collection and use of your personal information as detailed in this privacy policy.
(K) Contact Us: We always welcome your questions and feedback. For privacy-related issues, please contact us at privacy@marketamerica.com
In the event individuals initially learn about and/or are introduced to Market America Worldwide and SHOP.COM’s business, technology and/or products by visiting marketamerica.com, SHOP.COM, any of the product brand sites, incoming calls, email inquiries, etc. these individuals will be referred to eligible UnFranchise Owners.
(A) Market America will make every attempt to identify if any potential Preferred Customer or business lead is already connected to an existing UnFranchise Owner. If and when this is identified, Market America will attempt to reconnect the lead to that identified UnFranchise Owner.
(B) If a potential Preferred Customer or business lead was not identified to be connected to an existing UnFranchise Owner, Market America will refer the lead to an eligible UnFranchise Owner. Once the Preferred Customer or business lead is assigned to an UnFranchise Owner, all future BV, IBV and/or retail profit will be credited to the assigned UnFranchise Owner. Any BV, IBV and/or retail profit created prior to the assignment of the Preferred Customer or business lead will be retained by Market America to offset the costs associated with marketing and servicing the leads.
A Market United Kingdom 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 United Kingdom places great value on UnFranchise® Owners helping other UnFranchise Owners, even when they are in different sales organisations. 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.