UnFranchise™ Owners are paid commissions for managing, training, supplying, supporting and motivating their organizations to produce retail sales volume and do not earn commission under the MPCP solely on production. UnFranchise Owners must maintain and provide continuous, substantive, supervisory and management functions to all UnFranchise Owners in their sales organization, regardless of whether their sales volume currently contributes to your commissions. Failure to carry out these responsibilities is grounds for corrective action by Market Asia, including, but not limited to, forfeiture or reversal of commission checks, required additional training, and in the case of chronic or severe failure to perform the duties, termination of the UnFranchise Owner’s contract as set forth in Chapter 14, Sec. 1 of this UnFranchise Manual.
Management and training responsibilities: This includes educating and motivating their sales organization in subject matter regarding Market Asia products, effective sales techniques, the MPCP and compliance with policies and procedures contained in this UnFranchise Manual. Further, UnFranchise Owners must train and communicate with their sales organization to ensure that UnFranchise Owners within their organizations do not make improper product or income claims, engage in illegal or inappropriate conduct, including but not limited to: engaging, directly or indirectly, whether through use of social media or other means, in any action or conduct to intentionally disparage, demean or reflect negatively or upon the name, professional reputation, character or business of Market Asia or any other action that would otherwise violate the terms of the IUA&A or policies in this UnFranchise Manual.
Supervisory responsibilities: Examples of supervisory and management functions include, but are not limited to: personal meetings, training sessions, resolving customer satisfaction issues, assisting in policy and procedure training, advising other UnFranchise Owners on the proper and ethical use of social media, protecting against unethical activities, reporting any suspected or actual policy violations, maintaining continuous contact and communication via telephone, voicemail, email, newsletters, written correspondence, social media, as well as accompanying them to Global Meeting, Training and Seminar System (“GMTSS”) events and other Market Asia events and training programs.
UnFranchise Owners must provide evidence of their supervisory or management function to Market Asia upon request; Market Asia, in its sole discretion, may determine if these supervisory and management responsibilities have been and are currently being fulfilled satisfactorily. Market Asia provides all UnFranchise Owners with a series of Management Reports, for the sole purpose of demonstrating the execution of management responsibilities. All Management Reports and the information contained therein are confidential and proprietary and constitute trade secrets of Market Asia and should be treated as such, specifically, except as expressly permitted, UnFranchise Owners:
In addition to the specific Management and Supervisory functions detailed in (A) & (B) of this section, UnFranchise Owners also have the additional management responsibilities described below:
UnFranchise Owner: UnFranchise Owners have the ultimate responsibility for ensuring their desired achievement of success. They have the responsibility for being knowledgeable about the Market Asia 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 IUA&A, as well as other applicable policies and procedures.
Coordinator: In addition to those responsibilities specified in the “Sponsor” section 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 for presenting 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 achievement 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 fulfill the responsibilities of the noncompliant downline Executive Coordinator until another downline Executive Coordinator is developed in that organization who assumes/fulfills 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, New UnFranchise Owner Trainings and Basic 5 Trainings.
Professional Coordinators and Higher UnFranchise Achievements: In addition to the 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 fulfill all responsibilities in accordance with the policies and procedures in the Market Asia UnFranchise Manual. They also shall ensure that any UnFranchise Owner in their downline requiring an Executive Coordinator Certification Training is provided such training, even if it requires the Certified Trainer to travel to a distant geographic location to do so.
Advisory Council Members: Advisory Council Members shall organize meetings in new geographic 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 global basis; implement the Global Meeting, Training and Seminar System within their downline; enforce the policies, procedures, rules and regulations in all lines of sponsorship through all means provided in the Market Asia 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 HK$1,500 and submit to Market Asia a Form ASIA1000 accompanied by at least two retail receipts substantiating HK$1,500 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 ASIA 1000 to his or her own customer(s), and each UnFranchise Owner must personally complete and submit the Form ASIA1000 to Market Asia.
Market Asia’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 HK$1,500 in retail sales and submit documentation to the company within 30 days of sponsorship.
New UnFranchise Owners: Each new UnFranchise Owner has the right to choose his/her own sponsor.
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.
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.
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.
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.
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.
Advertisements: UnFranchise Owners shall not advertise company products and/or its Marketing Plan except as specifically approved by the company.
Representation: UnFranchise Owners agree to make no false or fraudulent representation about the company, the products, the Management Performance Compensation Plan or income potentials.
Compliance: An UnFranchise Owner shall not commit the following prohibited activities:
Promoting or selling products or services, or recruiting potential UnFranchise Owners to Market Asia, by deceptive or misleading means;
Raising funds from other persons in the name of Market Asia or through the UnFranchise Owner’s Market Asia organization;
Engaging in sales activities by means that run counter to public policy or good morals;
Affecting the market’s trading order or creating heavy losses to consumers by improper business practices or
Engaging in sales activities that violate the Laws of Hong Kong.
Failure to comply with this obligation will result in termination and possible legal action.
UnFranchise Owners may only use income claims published by Market Asia. 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 Asia’s name is not used in the advertisement or claim.
Regulatory agencies as a practice do not approve nor endorse direct sales programs or any other type of business activity. Therefore, UnFranchise Owners shall not represent or imply, directly or indirectly, that Market Asia and its programs have been approved or endorsed by any governmental agency.
Any inquiries by any type of media (television, radio, print, etc.) are to be referred to Market Asia immediately. This policy is to ensure accuracy and consistent public image.