Chapter 20: Internet Policy

 

Market Malaysia’s Internet policies cover all forms of internet activity related to Market Malaysia, including, but not limited to, Secondary Websites, auction sites, social networking sites, weblogs/blogs, classified ads, message boards, email and communications. For purposes of this Internet policy, Secondary Websites shall mean any UnFranchise Owner website with its own unique URL that promotes Market Malaysia products or the Market Malaysia business opportunity, other than the Market Malaysia Custom Website.


SEC. 1        Market Malaysia Website Is the Only Permitted Point of Sale        

(A)    Market Malaysia’s Custom Website is the only accepted point of sale (for example, selling through an online “check out” or “shopping cart” or accepting an online payment) for Market Malaysia products and services on the internet.

(B)    UnFranchise Owners may not supply Market Malaysia 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.


SEC. 2        No Sales or Advertising of Market Malaysia Products on Online Auction OR Shopping Sites

(A)    Market Malaysia UnFranchise Owners may not sell any Market Malaysia products or services through online auction websites, including, but not limited to, eBay or Yahoo, nor place any advertisement or promotion of Market Malaysia or its products or services on such sites.

(B)    Market Malaysia UnFranchise Owners may not sell any Market Malaysia products or services through online shopping websites, including, but not limited to, Amazon.com, Lazada.com, 11street.my, nor place any advertisement or promotion of Market Malaysia or its products or services on such sites.


SEC. 3        All Secondary Websites Seeking to Promote Market Malaysia or Market Malaysia Products Must Be Registered

(A)    Secondary Websites are permitted only if they are registered with Market Malaysia’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 Malaysia’s review to confirm compliance with the Market Malaysia Internet Policy.

(E)    Any Secondary Website that has not been registered in compliance with Market Malaysia’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 https://my.unfranchise.com blocked without prior notice, in addition to being subject to the Corrective Action Procedure and other appropriate remedies.


SEC. 4        UnFranchise Owners Must Properly Represent Their Status

(A)    Any UnFranchise Owners communicating through the internet must use the word “independent” to describe their status, for example, by using the terms “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 Malaysia or contains the name of any Market Malaysia trademark or trade name, the title or page must also include the words “unofficial” or “Independent UnFranchise Owner”.


SEC. 5        Only Approved Claims and Testimonials May Be Used to Promote/Market Malaysia Opportunity or Products

(A)    UnFranchise Owners may only make the precise claims concerning Market Malaysia 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 Malaysia products or services, the marketing plan, or the company via any forms of communication on the internet.


SEC. 6        Distribution of Unauthorized Content is Prohibited 

UnFranchise Owners may not distribute materials or make statements in any form on the internet that:

(A)    Use any Market Malaysia copyrighted material, including but not limited to materials from Market Malaysia websites, publications or presentations, or recorded webinars or tutorials of any kind; 

(B)    Depict the Market Malaysia business Plan; 

(C)    Misuse the name or likeness of any Market Malaysia executive or employee, or the trademarks or trade names of Market Malaysia’s partner stores (direct or indirect partners); or 

(D)    Disparage or defame Market Malaysia, including, but not limited to, Market Malaysia’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 of their UnFranchise Business Account, including, but not limited to, pre-approved Banner Ads and Sponsored Ads.


SEC. 7      Free Shipping Advertising; No Product Discount Advertising

UnFranchise Owners may advertise “Free Shipping”.  However, 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.


SEC. 8       No Contact Information Besides an UnFranchise owner’s website

Contact information, other than the URL of a Market Malaysia website, as a means towards purchasing Market Malaysia 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.


SEC. 9        “Ad Word” Advertising: Must Use Market Malaysia-prepared Ads/Accurate Disclosure of Domain Names

(A)    Only pre-approved Sponsored Ads, provided to Market Malaysia website owners through the Downloads section of https://my.unfranchise.com, 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 Malaysia 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 Malaysia domain name. For example, a Sponsored Ad for Isotonix™ may not show the domain name as MY.SHOP.COM, but must show as [MY.SHOP.COM/YOUR WEBSITENAME].


SEC. 10        Limited License to Use Market Malaysia Intellectual Property 

(A)    Copyrights: Market Malaysia grants a limited license to its Independent UnFranchise Owners to use and display current Market Malaysia product images and logos (but not Partner Store images and logos) from MY.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 Malaysia–branded products can be used.

(B)    No other images, photographs, or logos contained on any Market Malaysia 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 Malaysia websites or publications.    

(D)    Trademarks: Market Malaysia grants a limited license to its Independent UnFranchise Owners to use and display Market Malaysia’s brand and product names; provided, however, that such use must contain the appropriate trademark designation as shown on MY.SHOP.COM.

(E)    The use of meta tags and key words with Market Malaysia’s trademark brand and product names is permitted.

(F)    Except as permitted under this Section, UnFranchise Owners may not advertise or promote any Market Malaysia products if such advertising or promotion will violate the copyrights, trademarks, or trade names of Market Malaysia or its partner stores (direct or indirect partners). 


SEC. 11    Domain and Website Names

(A)    No domain name shall incorporate in part or in whole or be confusingly similar to any of Market Malaysia’s trademarks or trade names; or incorporate the names of Market Malaysia executives or employees, the terms “discount,” “free,” “free shipping’ or similar terms; or the trademarks or trade names of Market Malaysia’s Partner Stores (direct or indirect partners).

(B)    Market Malaysia 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 Malaysia, 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 Website. However, UnFranchise Owners may not mask the domain name of their Custom Website, including but not limited to the use of wrappers, frames, or other known methods to change the “look and feel” of their Custom Website.

(D)    Names for UnFranchise Owner websites shall not incorporate in part or in whole, or be confusingly similar to, any of Market Malaysia’s trademarks or trade names. Also, these names shall not incorporate (i) the names of Market Malaysia executives or employees; (ii) the terms “discount,” “free,” “free shipping” or similar terms; or (iii) the trademarks or trade names of Market Malaysia’s Partner Stores (direct or indirect partners). Market Malaysia retains the right to reject a website name at any time. In the event such a name is rejected by Market Malaysia, the UnFranchise Owner must select another name.


SEC. 12     Social Networking Sites 

(A)    UnFranchise Owners may reference their Market Malaysia UnFranchise Business and Market Malaysia products on social networking sites strictly according to the Internet 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 Malaysia’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 Malaysia focus or (ii) containing links to entities or individuals affiliated with Market Malaysia must contain the words “Independent UnFranchise Owner.” 

(D)    Market Malaysia may, at its sole discretion, prohibit the use of any social media group or page name at any time. In the event Market Malaysia prohibits the use of a social media group or page name, the UnFranchise Owner must select another social media group or page name.

(E)    UnFranchise Owners may promote their Market Malaysia business on their own social networking pages, but may not promote the Market Malaysia business on the pages of the Market Malaysia 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 Malaysia’s Internet Policies.

(G)    UnFranchise Owners may not advertise or promote both Market Malaysia and any other competing company on the same social networking account. (See the 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 Malaysia is terminated for any reason, the UnFranchise Owner’s social networking account used to advertise and promote Market Malaysia 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 Malaysia.


SEC. 13      EMAIL

UnFranchise Owners are only allowed to reference Market Malaysia 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 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 Malaysia or the Market Malaysia Internet Policy.

(C)    UnFranchise Owners are prohibited from sending SPAM or SPAMMING (sending unsolicited emails) that is either directly or indirectly related to Market Malaysia. This prohibition includes any SPAM emails that reference Market Malaysia or any Market Malaysia products or services, any hyperlinks to an UnFranchise Website or to the Market Malaysia website, or the Market Malaysia 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 Malaysia.


SEC. 14       INTERNATIONAL INTERNET SALES

Market America–branded products and services may not be sold in countries where Market Malaysia or its affiliates have not officially opened for business, including the Emerging Market Countries, with the exception of products and services being offered through SHOP.COM Global. Market Malaysia shall be considered “open for business” in a country in which the MPCP has been initiated or where Market Malaysia or its affiliates is otherwise authorized to conduct business.  

Independent UnFranchise Owners may promote or refer Market America–branded products to individuals in countries where Market Malaysia or its affiliates is not yet open for business, including the Emerging Market Countries, through their SHOP.COM Global site. SHOP.COM Global is the only point of sale of Market America–branded products to countries where Market Malaysia or its affiliates are not officially open for business. Independent UnFranchise Owners shall not engage in sales of Market America–branded products directly to customers in countries where Market Malaysia or its affiliates is not open for business. UnFranchise Owners may not supply Market America–branded products to an individual with knowledge or suspicion that such individual intends to retail the products in countries where Market Malaysia or its affiliates is not open for business yet. 


SEC. 15     INTERNET POLICY ENFORCEMENT AND DISCIPLINARY ACTION

(A)    Leader Responsibility: It is the responsibility of all leaders (Certified Executive Coordinators and higher UnFranchise Levels) to enforce Market Malaysia's Internet policies. 

         (1)    Any leader, upon learning of a clear or suspected violation of the Market Malaysia 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 Malaysia's Internet Compliance Coordinator immediately. UnFranchise Owners can contact the Internet Compliance Coordinator with the relevant facts at 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 Malaysia 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. as applicable pending the correction of the violation. UnFranchise Owners will have 10 days to correct minor violations of Market Malaysia’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 Malaysia UnFranchise Manual.