Chapter 11: Ownership and Transfer of UnFranchise Business

 

SEC. 1   UNFRANCHISE BUSINESS NAME CHANGES

  1. Deleting Name from UnFranchise Business: To delete your name from an existing UnFranchise Business, you must submit the Name Deletion Form to Market Asia. The form must be signed by the UnFranchise Owner whose name is to be deleted and any remaining UnFranchise Owner(s) of the same UnFranchise Business (all ID numbers must be included). All signatures on the Name Deletion Form must be signed by all parties in person with ID presented and witnessed by a Market Asia employee.

  2. Adding Name(s) to Existing UnFranchise Business: Addition of names to existing UnFranchise Businesses is rarely permitted, actively discouraged, and approved only in very limited and specific instances or unique and extenuating circumstances. To request the addition of names to an existing UnFranchise Business, the requesting UnFranchise Owner(s) must submit a signed letter describing the reason for the request, along with a completed Name Addition Form, to the Compliance Department. All signatures on the Name Addition Form must be signed by all parties in person with ID presented and witnessed by a Market Asia employee. Upon review and investigation, the Compliance Department will notify the requesting UnFranchise Owner(s) in writing of its decision. Please allow approximately two weeks for the process to be completed.

  3. Changing the Existing Name on a UnFranchise Business: Changing existing names of UnFranchise Businesses is rarely permitted, actively discouraged, and approved only in very limited and specific instances or unique and extenuating circumstances. To request to change the name of an existing UnFranchise Business, the requesting UnFranchise Owner(s) must submit a signed letter describing the reason for the request to the Compliance Department. All persons who are listed on the UnFranchise Business must sign the letter. All signatures on the request letter must be signed by all parties in person with ID presented and witnessed by a Market Asia employee. Upon review and investigation, the Compliance Department will notify the requesting UnFranchise Owner(s) in writing of its decision. Please allow approximately two weeks for the process to be completed.

SEC. 2   MARRIED COUPLES

Market Asia shall consider each married couple as a single UnFranchise Business. Married couples cannot have separate UnFranchise Businesses. If two current Market Asia Independent UnFranchise™ Owners become married or plan to become married, they must contact the Compliance Department for instructions, as marriage between UnFranchise Owners can impact a variety of policies, including the prohibition of multiple UnFranchise Businesses.

SEC. 3   DIVORCE OR DISSOLUTION OF PARTNERSHIP

If a husband/wife divorces or if a business entity dissolves, then one of the UnFranchise Owners involved must contact the Compliance Department at Market Asia regarding control of the UnFranchise Business and the right to receive commissions after the divorce or dissolution. If all parties involved agree regarding who will have control and ownership of the business after divorce or dissolution, and if the agreement is memorialized in a document signed by all parties involved and notarized, then Market Asia will honor the agreement. Market Asia cannot split a UnFranchise Business. If Market Asia receives reasonable notice of a dispute between the parties involved, then Market Asia will hold commissions in escrow and will not execute any control changes for the UnFranchise Business until Market Asia receives an acceptable signed and notarized agreement or a certified copy of a court order clearly resolving these matters.

SEC. 4   MULTIPLE UNFRANCHISE OWNERS AT SAME ADDRESS

Under the Terms and Conditions of the Independent UnFranchise Owner Application and Agreement, there may only be one UnFranchise Business per address (household). Multiple UnFranchise Businesses in a single household constitute a breach of contract and are grounds for termination unless prior written approval has been obtained from the company.

  1. Approval: UnFranchise Owners must apply for approval to have a second UnFranchise Business in the same household PRIOR to submitting the application. UnFranchise Owners must write the company (attention: Compliance Department), state the circumstances and receive a written approval from the company. Failure to obtain approval prior to submitting the application may result in the cancellation of the second UnFranchise Business. The company may also require the first UnFranchise Business to purchase all returned product, with BV being placed in BDC-001. Failure to obtain proper approval may also result in the termination of both UnFranchise Businesses.

  2. Limitations: If the company approves an additional UnFranchise Business in the same household or address, this UnFranchise Business MAY NOT BE USED FOR ACTIVATING ANY BUSINESS DEVELOPMENT CENTER. The second UnFranchise Business will have no sponsor indicated in Market Asia’s computer database.

  3. Investigation: The Company reserves the right to investigate the UnFranchise Owners who share same phone number or same shipping address which would be deemed multiple UnFranchise Business at a single household. The investigation could result in on-hold of commission payment. Any consequence arising from the action will be borne by relevant UnFranchise Owners.

SEC. 5   CHANGE OF ADDRESS/PHONE NUMBER

UnFranchise Owners must immediately notify Market Asia of any address/phone number change on the “UnFranchise Owner Profile Update Request Form” (which is located online at UnFranchise.com), or UnFranchise Owners may update their own information online at UnFranchise.com. It is advised that changes in address/phone number be submitted as early as 30 days in advance, if possible. Failure to do so could place your UnFranchise Business in jeopardy regarding sponsorship requirements, multiple UnFranchise Owners at the same address, missed UnFranchise Owner Magazine, missed shipments, etc.

SEC. 6   TRANSFER OF SPONSORSHIP

Transfer of sponsorship is rarely permitted, actively discouraged, and approved only in very specific instances of confirmed unethical activity or other unique and extenuating circumstances. Maintaining the integrity of sponsorship is mandatory for the overall success of the Market Asia UnFranchise Business Development System and its Management Performance Compensation Plan. The company will govern transfers as follows:

  1. Administration: Transfer of sponsorship must be approved in writing by the Compliance Department prior to the submittal of the required documentation. If approved, all transfer requests require obtaining the notarized signatures of the UnFranchise Owner’s sponsor (if active) and five consecutive active upline management (Certified Executive Coordinators or higher UnFranchise Achievements) on the written transfer request. All transfer requests must be accompanied by a HK$385.00 processing fee.

  2. Unethical Sponsorship: In a case of confirmed unethical sponsorship, the company will review the situation and take appropriate action at its sole discretion regarding sponsorship and genealogy adjustments. Such actions may include but are not limited to transfer of downline organizations intact or transfer of all personally sponsored UnFranchise Owners.

  3. Cancellation/Inactivity: Cancellation and/or inactivity of the respective Distributor for more than 270 days entitles the UnFranchise Owner to submit a new Application and Agreement with a new sponsor (see 270-Day Rule).

SEC. 7   TRANSFER OF UNFRANCHISE OWNER TO ANOTHER GENEALOGY LINE

Transfers to another genealogy line are rarely permitted and actively discouraged. Maintaining the integrity of genealogy lines is mandatory for the overall success of the UnFranchise® Business Development System and its Management Performance Compensation Program. The company will govern transfers as follows:

  1. Circumstances: A letter describing the reason for the request must be submitted to the Compliance Department. Upon review and investigation, the Compliance Department will notify in writing the Distributor of its decision. Please allow approximately two weeks for the process to be completed.

    1. If approved, all transfer requests require the notarized signatures of the UnFranchise Owner’s five immediate and consecutive active upline management (Certified Executive Coordinators or higher) on the written transfer request. All transfer requests must be accompanied by a HK$385.00 processing fee.

    2. Transfer will only be processed for the respective UnFranchise Owner. All current downline UnFranchise Owners shall remain in the original genealogy line, and the transferred UnFranchise Owner will be unsponsored in the new genealogy line.

  2. Accrued Group Business Volume: All accrued GBV prior to transfer will not transfer with the UnFranchise Owner. Group Business Volume will begin to accrue for the week linkage to the new genealogy line is completed. Please allow 10 to 15 business days for completing the transfer process in the computer. Do not place UnFranchise Owners in the downline until process has been completed.

SEC. 8   UNFRANCHISE OWNER BEQUESTS

UnFranchise Owners may pass on their interests in their Market Asia UnFranchise Business contracts to their heirs and beneficiaries provided the intended recipient of those interests: (a) has attained the age of majority, and (b) signs and submits an Independent UnFranchise Owner Application and Agreement, thereby pledging to fulfill the obligations of the UnFranchise Owner Agreement, including performing management and supervisory responsibilities. Market Asia must approve all transfers of UnFranchise Owner contract interests. Market Asia will require documentation to substantiate the intended recipient’s right to any transfer.