UnFranchise™ Owners are paid commissions for managing, training, supplying, supporting and motivating their organizations to produce retail sales volume. There must be an ongoing sales and supervisory function. An UnFranchise Owner does not earn commission under the MPCP solely on production. UnFranchise Owners are paid for managing their organizations and producing retail sales. UnFranchise Owners must be able to provide documentation demonstrating execution of these functions upon request by Market Malaysia. The following guidelines apply to an UnFranchise Owner’s responsibility under the MPCP. Failure to perform the management responsibilities described below is grounds for corrective action by the company, including, but not limited to, forfeiture or reversal of commission, required additional training and in the case of chronic or severe failure to perform the duties, termination of the UnFranchise Owner’s contract.
UnFranchise Owner: UnFranchise Owners have the ultimate responsibility for ensuring their desired level of success. They have the responsibility for being knowledgeable about the Market Malaysia UnFranchise Manual contents (i.e., policies, procedures, rules and regulations).
Sponsor: Sponsors have the specific responsibility to comply with all provisions relating to sponsorship described in the Terms and Conditions of the Independent UnFranchise Owner Application and Agreement, as well as other applicable policies and procedures.
Coordinator: In addition to those responsibilities specified in “Sponsor” above, Coordinators must train and work with all UnFranchise Owners in their organization down to the next active Coordinator. Additionally, they must supervise the downline Coordinators and make sure these Coordinators are supporting and training all UnFranchise Owners in their organizations. A Coordinator is responsible to present the Marketing Plan for new UnFranchise Owners.
Executive Coordinator: In addition to those responsibilities specified in “Sponsor” above, Executive Coordinators are contractually bound (i.e., Executive Coordinator Acknowledgment and Agreement) to enforce the policies, procedures, buyback guarantee, return-merchandise policy, and rules and regulations to the level of the next Executive Coordinator in their downline organization. If the next downline Executive Coordinator is not fulfilling these responsibilities, the upline Executive Coordinator must notify the upline leadership, and must fulfil the responsibilities of the noncompliant downline Executive Coordinator until another downline Executive Coordinator is developed in that organization who assumes/fulfils those responsibilities for the organization.
Certified Executive Coordinator: In addition to those responsibilities specified in “Sponsor” and “Executive Coordinator” above, Certified Executive Coordinators must provide Basic 5 Trainings for all UnFranchise Owners in their organization down to the next Certified Executive Coordinator. Only Certified Executive Coordinators (i.e., Executive Coordinators who have passed the Executive Coordinator Certification Training) may conduct publicly held UnFranchise Business Presentations, New UnFranchise Owner Trainings and Basic 5 Trainings.
Professional Coordinators and Higher UnFranchise Levels: In addition to those responsibilities specified above, these managers must ensure that all UnFranchise Owners in their downline organizations are being properly supported and trained through communication and ongoing supervisory functions to downline leadership.
Certified Trainers: Certified Trainers shall fulfil all responsibilities in accordance with the policies and procedures in the Market Malaysia UnFranchise Manual. They also shall ensure that any UnFranchise Owner in their downline requiring an Executive Coordinator Certification Training be provided such training.
Advisory Council Members: Advisory Council Members shall organize meetings in new areas of growth where they have downline UnFranchise Owners; resolve disputes between lines of sponsorship; work with other Advisory Council members to provide training on a national basis; implement the National Meeting, Training and Seminar System within their downline; enforce the policies, procedures, rules and regulations in all lines of sponsorship through all means provided by the Market Malaysia UnFranchise Manual.
UnFranchise Owners are compensated only for personal sales production from their sales and distribution organizations within their downline according to company policies, procedures, rules and regulations, and for their management and supervisory role for their downline organizations. An UnFranchise Owner is not compensated for sponsoring/recruiting new UnFranchise Owners.
In order to consummate acceptance as an active and qualified UnFranchise Owner, the UnFranchise Owner must have a minimum of two retail sales totaling RM800 and submit to Market Malaysia a Form MY1000 accompanied by at least two retail receipts substantiating RM800 in retail sales to end consumers within a three-Q-date period of qualifying a BDC. Each UnFranchise Owner must personally make the retail sales reflected on the Form MY1000 to his or her own customer(s), and each UnFranchise Owner must personally complete and submit the Form MY1000 to Market Malaysia.
Market Malaysia’s Management Performance Compensation Plan is based upon retail sales to the end consumer. The company recognizes that UnFranchise Owners may wish to purchase products in reasonable amounts for their own personal consumption and/or use.
All UnFranchise Owners have the right to sponsor new UnFranchise Owners into their downline organization provided they generate RM800 in retail sales and submit documentation to the company within 30 days of sponsorship.
(A) New UnFranchise Owners: Each new UnFranchise Owner has the right to choose his/her own sponsor.
(B) Sponsorship Conflicts: If two UnFranchise Owners claim to be the sponsor of the new UnFranchise Owner, the company may at its discretion regard the first executed and received Application and Agreement as controlling. The company also reserves the right to review each situation and accordingly adjust sponsorship rights.
(1) As a general rule, it is good practice to regard the first UnFranchise Owner that meaningfully works with a prospective UnFranchise Owner as having first claim to sponsorship. Basic tenets of common sense and consideration should govern.
(2) UnFranchise Owners who sponsor other UnFranchise Owners must fulfill the obligation of a bona fide supervisory, distributing and selling function in the sale and distribution of products to the end consumer, and in the training of those UnFranchise Owners sponsored. UnFranchise Owners must actively pursue ongoing contact, communication and management activities with their organization. Failure to fulfill this obligation may result in loss of sponsorship rights and/or termination at the company’s sole discretion.
(C) Lack of Sponsorship: If an UnFranchise Owner does not have a sponsor entered into the computer database because of same household, failure to enter a sponsor on the original application, etc., and that UnFranchise Owner wants to have a sponsor entered into the computer data base, he/she must submit a letter of request (attention: Compliance Department) explaining the situation. Both the UnFranchise Owner and the proposed sponsor must sign the letter. UnFranchise Owners should allow the Compliance Department at least two weeks to notify them if sponsorship was approved.
In the conduct of his or her business, UnFranchise Owners shall safeguard and promote the reputation of the products of the company and shall refrain from all conduct, which might be harmful to the reputation of the company.
(A) Products: The marketing of such products shall be consistent with the public interest, and avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
(B) Advertisements: Independent UnFranchise Owners shall not advertise company products and/or its Marketing Plan except as specifically approved by the company.
(C) Representation: Independent UnFranchise Owners agree to make no false or fraudulent representation about the company, the products, the Management Performance Compensation Plan or income potentials.
(D) Compliance: An UnFranchise Owner shall not commit the following prohibited activities:
(1) Promoting or selling products or services, or recruiting potential UnFranchise Owners to Market Malaysia, by deceptive or misleading means;
(2) Raising funds from other persons in the name of Market Malaysia or through the UnFranchise Owner’s Market Malaysia organization;
(3) Engaging in sales activities by means that run counter to public policy or good morals;
(4) Affecting the market’s trading order or creating heavy losses to consumers by improper business practices or
(5) Engaging in sales activities that violate the Laws of Malaysia.
Failure to comply with this obligation will result in termination and possible legal action.
UnFranchise Owners may only use income claims published by Market Malaysia. No unauthorized claims are permitted for recruiting or any other purpose. Use of unauthorized income claims is grounds for initiation of Corrective Action Procedures by the company. Unauthorized income claims are not permissible even if Market Malaysia’s name is not used in the advertisement or claim.
Only Certified Executive Coordinators may make public presentations of the Management Performance Compensation Plan.
(A) UnFranchise™ Owners: UnFranchise Owners may hold one-to-one or closed presentations but must follow the format provided by the company in official company literature and videos.
(B) Misrepresentation: Any misrepresentation of the Marketing Plan or Management Performance Compensation Plan will be grounds for termination and possible legal action.
Regulatory agencies as a practice do not approve nor endorse direct sales program or any other type of business activity. Therefore, UnFranchise Owners shall not represent or imply, directly or indirectly, that Market Malaysia and its program have been approved or endorsed by any governmental agency.
Any enquiries by any type of media (television, radio, print, etc.) are to be referred to Market Malaysia immediately. This policy is to ensure accuracy and consistent public image.
Market Malaysia will continue to expand internationally. However, Market Malaysia cannot permit its future access to potential new markets to be impeded or denied by a few premature, unauthorized and uninformed UnFranchise Owners.
(A) Restrictions: To prevent abuse, the following restrictions shall be strictly enforced:
(1) UnFranchise Owners must not engage in any unauthorized activity in any unopened country/territory prior to authorization by Market Malaysia.
(2) UnFranchise Owners can only conduct meetings to explain the marketing plan and engage in any type of recruiting activities in countries where Market Malaysia or its affiliated companies are open for business or in countries listed under the Emerging Market Program (“EMP”). NOTE: Please visit https://my.unfranchise.com to learn more about EMP countries.
(3) UnFranchise Owners must not export any Market Malaysia products or literature
(4) UnFranchise Owners may only promote or refer Market America branded products to anyone in any unopened country/territory and in the EMP Countries through UnFranchise Owner’s SHOP.COM Global website.
(B) Emerging Market Program (“EMP”): EMP provides a slimmed–down, streamlined version of the Market America business model, which allows the company to assess potential expansion to a full “market” country in the future. Independent UnFranchise Owners may invite residents of EMP countries to participate in their organization under a streamlined version of the Market America Marketing Plan.
(C) SHOP.COM Global: SHOP.COM Global allows customers from anywhere to buy Market America-branded products. Independent UnFranchise Owners who refer Market America-branded products in other countries via SHOP.COM Global earn home country BV. In addition to BV, UnFranchise Owners will earn retail profits for sales made via SHOP.COM Global to be delivered in countries where Market America and its affiliates do not have in-country operations. No Retail Profit will be earned from sales made via SHOP.COM Global to be delivered to certain countries where Market America and/or its affiliated companies have operations, specifically Malaysia, Australia, Canada, Singapore, Hong Kong, Spain and the UK. Products purchased from SHOP.COM Global shall be for personal consumption only and not for retail. NOTE: Restrictions may apply.
(D) Corrective Action: Market Malaysia will use the corrective action procedures set forth in the UnFranchise Manual to discipline UnFranchise Owners who violate Market Malaysia’s pre-launch activity restrictions. Those corrective action procedures include suspension and/or termination for violating UnFranchise Owners.
(E) UnFranchise Owner Notification: Market Malaysia will notify UnFranchise Owners of any plans for opening international markets. Meanwhile, UnFranchise Owners should take no premature steps into currently unopened markets, as this could jeopardize international expansion for all UnFranchise Owners in the future. If UnFranchise Owners have an interest in a particular international market(s) for potential expansion, they can submit such information in writing to Market Malaysia (attention: Legal Department).