The Marketing Plan and Management Performance Compensation Plan, as presented in Part II of the UnFranchise Manual, and the Independent UnFranchise Owner Application and Agreement constitute the entire agreement between Market Malaysia and UnFranchise Owners regarding their business relationship (inclusive of amendments from time to time, as published on your UnFranchise Business Account or in official company literature).
All UnFranchise Owners must complete an Independent UnFranchise Owner Application and Agreement to be accepted by Market Malaysia as an UnFranchise Owner. Market Malaysia reserves the right to accept or reject: anyone as an UnFranchise Owner, applications for new Business Development Centers (BDCs) or applications for annual subscription. NOTE: UnFranchise Owners must append his/her wet signature on the IUA&A to denote acceptance of the terms thereof before uploading the duly signed copy together with their National Registration Identity Card (NRIC) electronically. If an UnFranchise Owner signs up with the assistance of the sponsor via the online sign-up process, he/she will still need to upload a duly signed copy of the IUA&A electronically to complete the application process. No faxed applications will be accepted.
All new individual applicants must submit a copy of their NRIC or Permanent Resident Identity Card (MyPR) whilst all new corporate/business entity applicants must submit their Super Form (for Private Limited Companies) / Business Registration Certificate and Business License Forms (for Sole-Proprietorship/Partnership) / Notice of Registration of the LLP (for Limited Liability Partnership) and/or any other relevant documents required by Market Malaysia within 10 calendar days of their application start date to avoid cancellation of the UnFranchise Business.
A 10-Day Cooling-Off Period is given to the new UnFranchise Owner from the date of recruitment to terminate the Agreement with Market Malaysia and upon such cancellation, he/she shall be refunded of all payments paid to Market Malaysia for joining as UnFranchise Owner. (Including products in the Fast Start Kit).
All Malaysia UnFranchise Owners are required to have a Malaysia National identification card, Permanent Resident card, or Malaysian Company No. (for companies) or Malaysian Business Registration No. (for sole proprietors and partnerships).
All UnFranchise Owners must be at least 18 years old to sell and distribute Market Malaysia products.
No individual is required to purchase Market Malaysia products, services or sales aids, or pay any fee in order to become a Market Malaysia Sales Representative.
(A) Rights: Sales Representatives may purchase Market Malaysia products at UnFranchise cost for retail sale and/or personal consumption.
(B) MPCP Eligibility: Sales Representatives may NOT participate in the Management Performance Compensation Program until they change to UnFranchise Owner status (i.e., submission of the Joining Fee and the Subscription Fee for the first year with a new Independent UnFranchise Owner Application and Agreement and submission of the Subscription Fee each year thereafter).
(C) Limitations: Business Volume generated by Sales Representatives shall count towards Group Business Volume of qualified upline UnFranchise Owners. However, Sales Representatives will not count towards activating their sponsor’s BDC. Because they have not submitted a Joining Fee and Subscription Fee, Sales Representatives will receive none of the benefits derived from purchasing the subscription.
The status of UnFranchise Owner is given to applicants upon completion of an Independent UnFranchise Owner Application and Agreement, submission of a Joining Fee and first year Subscription Fee with the application, and acceptance of the application by Market Malaysia. The subscription kit is provided at Market Malaysia’s cost and additional monies are used for the processing of mailings throughout the year. Market Malaysia reserves the right to change or modify the subscription kit. However, the Subscription Fee will, at a minimum, provide:
(A) Market Malaysia UnFranchise Manual containing business development information and policies, procedures, rules and regulations
(B) Entry on the direct mailing list for all announcements and updates
(C) Market Malaysia Management System and Tools
(D) Subscription to Market Malaysia Corporate Communication
All Market Malaysia UnFranchise Owners (Including Sales Representatives) are required to submit an Annual Subscription Form, filled out completely OR renew with the Auto Subscription Program by the last business day of their Start Month each year. Each UnFranchise Owner must pay his/her own Annual Subscription Fee with an acceptable method of payment. No other person, current UnFranchise Owner or otherwise, may pay for your Annual Subscription Fee.
All current Market Malaysia Global UnFranchise Owners who registered as a Global UnFranchise Owner are required to submit a Global Subscription Form OR subscribe with the Auto Subscription Program in the month of their global expansion each year. To obtain the Annual Subscription Form for your Global Country(s) site; login to that country(s)’ UnFranchise Business account print the specific Annual Subscription Form for the country(s) they wish to Globally subscribe in. Global UnFranchise Owners may set up Auto Subscription in that country(s)’ UnFranchise Business Account for the country(s) that they wish to globally renew in. All Global Subscriptions must be paid for by a UFMS credit card due to currency rates. Please contact your Upline Sponsor or UnFranchise Services with any questions you may have.
NOTE: You must be an active UFO to renew as a Global UnFranchise Owner. Sales Representative status is not available for Global sign-ups or renewals.
UnFranchise Owners must always use the word independent to describe their status. This means, for example, “Independent UnFranchise Owner.” If the UnFranchise Owner has a business telephone, the telephone may not be listed under the Market Malaysia name, or in any other manner that does not disclose the independent contractor status of the UnFranchise Owner.
UnFranchise Owners are independent marketing contractors, fully responsible for their own business practices, and are not to be considered purchasers of a franchise.
(A) Relationship: The agreement between the company and its UnFranchise Owners does not create an employer/employee relationship, agency, partnership or joint venture between the company and UnFranchise Owners.
(B) Authorities: The UnFranchise Owner has no authority (expressed or implied) to bind the company to any obligation with a third party. Each UnFranchise Owner shall indemnify and hold harmless the company from any claims, damages or liabilities arising out of the UnFranchise Owner’s business practices.
(C) Supervision/Direction: Each UnFranchise Owner is encouraged to set up his/her own hours and to determine his/her own methods of sale, so long as he/she is in compliance with the policies, procedures, rules and regulations set forth in the Market Malaysia UnFranchise Manual and amendments.
All UnFranchise Owners are responsible for taxes, including taxes due on profits generated as an Independent UnFranchise Owner for the company.
(A) General Business Records: Complete and accurate record keeping of all business transactions and promotional activities is the sole responsibility of the Independent UnFranchise Owner.
(B) Retail Sales Records: UnFranchise Owners must maintain records of retail sales, turn in a minimum of RM800 in retail receipts every three-Q-date or three-Start-Date period, and be able to furnish all receipts requested by the company in order to qualify for commissions.
The Independent UnFranchise Owner Application and Agreement may be canceled at any time and for any reason by an UnFranchise Owner. UnFranchise Owners must notify the company in writing of their election to cancel. This correspondence must include the canceling UnFranchise Owner’s signature(s). If an UnFranchise Owner cancels his/her UnFranchise Business or if the UnFranchise Business is terminated for any reason then he/she cannot submit another application to Market Malaysia until after 270 days from the last date of inactivity (date of the last purge) (see 270-Day Rule). This includes submitting an application under a different name, a corporate name, a spouse’s name, or in any other manner which will result in the UnFranchise Owner having more than one UnFranchise Business at any time. The only exception to the 270-day rule is a business-entity UnFranchise Business that has been cancelled by Market Malaysia because of non-compliance with the business entity documentation policy (see Business Entity UnFranchise Businesses).