Chapter 13: Miscellaneous UnFranchise Owner Rights and Obligations

 

SEC. 1      GENEALOGY REPORT REQUESTS

Computerized genealogy reports will be mailed upon request. There will be a charge (Refer to “GEN” code on current price list) per report, and payment must be received prior to mailing. The UnFranchise™ Owner agrees not to divulge such information to any third party directly or indirectly. The UnFranchise Owner and the company agree that, except for this agreement of confidentiality and nondisclosure, the company would not provide (or make available to UnFranchise Management System members) confidential information.


SEC. 2     UNFRANCHISE OWNER LIABILITY FOR BREACH OF CONFIDENTIALITY BY AGENT

UnFranchise Owners may be given access to certain confidential information of Market Malaysia and Market Malaysia’s UnFranchise Owners, Preferred Customers and others with whom Market Malaysia has a business relationship (Confidential Information). UnFranchise Owners must protect and keep the Confidential Information secret and confidential.  

UnFranchise Owners may choose to hire one or more employees, agents, consultants and/or contractors to assist them in the operation of their Market Malaysia business. An UnFranchise Owner will be solely responsible and liable to Market Malaysia (or to a Preferred Customer or Independent UnFranchise Owner) for any breach or misuse of the Confidential Information by the UnFranchise Owner or his/her Agent. Therefore, Market Malaysia strongly encourages any UnFranchise Owner with an Agent to require the Agent to sign a binding Confidentiality Agreement prior to the disclosure of Confidential Information to the Agent.  

An UnFranchise Owner will indemnify and hold harmless Market Malaysia, its owners, shareholders, officers, agents, representatives and employees from and against any and all liability arising from any breach of confidentiality made by the Independent UnFranchise Owner, or any Agent of the Independent UnFranchise Owner.


SEC. 3      INDEMNIFICATION OF MARKET MALAYSIA

Each UnFranchise Owner agrees to indemnify and hold harmless Market Malaysia, its affiliates, its officers, agents and directors against any claims, demands, liability, loss, cost or expense, including, but not limited to, legal fees arising or alleged to arise in connection with that Independent UnFranchise Owner’s business.


SEC. 4      VENDOR/MANUFACTURER INFORMATION

UnFranchise Owners may not communicate (including phone calls, emails, etc.) directly with Market Malaysia’s manufacturers, suppliers or vendors without written permission from Market Malaysia (the only exception being acceptable contact at corporate-sponsored events).

(A)    Vendor Contact/Communication: UnFranchise Owners may not, under any circumstances, arrange for Market Malaysia manufacturers, suppliers or vendors to attend or speak at meetings or conduct product training.

        (1)    Market Malaysia will make all arrangements, and only Market Malaysia periodically shall book such engagements (i.e. training).

       (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 Malaysia Product Marketing 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 Malaysia, for arranging contact between Market Malaysia and the vendor, manufacturer or supplier.


SEC. 5    SOLICITATION OF DONATIONS AND CONTRIBUTIONS

Contacts made through Market Malaysia should be used exclusively for Market Malaysia 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 Malaysia UnFranchise Owners and/or customers, except for their personally sponsored UnFranchise Owners and persons they know independently of any Market Malaysia contact, for any purpose other than Market Malaysia 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 Malaysia 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 Malaysia, attention to the Vice President of Operations.


SEC. 6    MARKET MALAYSIA’S INDEPENDENT UNFRANCHISE OWNERS PRIVACY POLICY

We appreciate the trust you place in Market Malaysia, 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: 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, Malaysia Identification Number/Foreign Identification Number, Business Registration 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 Malaysia
•    Submit a testimonial or personal success story to Market Malaysia
•    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 

(B)    Using Information We Collect: We want to provide you with the best possible Internet experience and fulfill 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. In order to do this, we collect information that allows us to, without limitation:

•    Process your order 
•    Provide the products and services you request 
•    Send you promotional offers 
•    Identify the product and service preferences of you and your customers
•    Customize our communications to you 
•    Provide information concerning products you have purchased for personal use or sale
•    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 Malaysia rules and policies
•    Include your name, stories, testimonials, images and commission income information in Market Malaysia publications and literature, in newspapers, magazines or other media, at Market Malaysia events, on Market Malaysia CDs and DVDs, in any other Market Malaysia communications to the field or others, or as otherwise deemed useful or appropriate by Market Malaysia.

(C)    Information We Share with Others and Your Privacy Rights:

        (1)    It is not a practice of Market Malaysia to sell, rent or trade personal information. In order to service our UnFranchise Owners, Sales Representatives and Preferred Customers, we share limited personal information with our Independent UnFranchise Owners and affiliates. Market Malaysia Independent UnFranchise Owners are obligated to treat the information you supply with confidentiality.  

       (2)    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 Malaysia.

       (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)    Cookies: Market Malaysia 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, personalize 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 since you do not have to re-enter the same information or log in each time you enter the site. 

(E)    Email and phone communication: When you provide us your email address and phone number, we may make phone calls to you or send you emails and phone messages necessary to process your order, arrange shipment, 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.   

(F)    Links to Other Sites: We provide links on our website to other sites. These sites operate independently of Market Malaysia and have established their own privacy and security policies. We encourage you to review these policies at any site you visit.

(G)    Updating or Reviewing Your Information: You may review or update your UnFranchise Owner information (name, address, telephone number, email address, credit card number, etc.) on this website (https://my.unfranchise.com) under My Account > Account Settings > UnFranchise Owner Profile. 

(H)    Security:

       (1)     Market Malaysia 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. 

(I)    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. 

(J)    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 on our website. We encourage you to review our privacy policy periodically.

(K)    Your Consent: By using Market Malaysia 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. 

(L)    Contact Us: We always welcome your questions and feedback. For privacy-related issues, please contact us at privacy@marketamerica.com.


SEC. 7    ESSENTIAL FUNCTIONS OF AN UNFRANCHISE OWNER

A Market Malaysia 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 MY1000), (C) attending any required training classes, and (D) completing and submitting the Annual Subscription and other applicable agreements with the company. Market Malaysia 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.