Chapter 20: Internet and WebCenter Policies

 

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


SEC. 1        Market Hong Kong WebSite Is the Only Permitted Point of Sale        

(A)    Market Hong Kong’s Custom Website and maWebCenters are the only accepted points of sale (for example, selling through an online “check out” or “shopping cart” or accepting an online payment) for Market Hong Kong products and services on the Internet.

(B)    UnFranchise Owners may not supply Market Hong Kong 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 Hong Kong Products on Online Auction or Shopping Sites

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

(B)    Market Hong Kong UnFranchise Owners may not sell any Market Hong Kong products or services through online shopping Websites, including, but not limited to, Amazon.com, nor place any advertisement or promotion of Market Hong Kong or its products or services on such sites.


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

(A)    Secondary Websites are permitted only if they are registered with Market Hong Kong’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@markethongkong.com.hk.

(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 Hong Kong’s review to confirm compliance with the Market Hong Kong Internet policy.

(E)    Any Secondary Website that has not been registered in compliance with Market Hong Kong’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 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 Owner communicating through the Internet must use the word “independent” to describe their status, for example, by using the term “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 Hong Kong or contains the name of any Market Hong Kong trademark or trade name, the title or page must also include the words “unofficial”, “Independent UnFranchise Owner.”


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

(A)    UnFranchise Owners may only make the precise claims concerning Market Hong Kong 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 Hong Kong 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 Hong Kong copyrighted material, including but not limited to materials from Market Hong Kong Websites, publications or presentations, or recorded webinars or tutorials of any kind; 

(B)    Depict the Market Hong Kong business Plan; 

(C)    Misuse the name or likeness of any Market Hong Kong executive or employee, or the trademarks or trade names of Market Hong Kong’s Partner Stores (direct or indirect partners); or 

(D)    Disparage or defame Market Hong Kong, including, but not limited to, Market Hong Kong’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 on 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 and maWebCenters

Contact information, other than the URL of a Market Hong Kong website, as a means toward purchasing Market Hong Kong 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 Hong Kong-prepared Ads/Accurate Disclosure of Domain Names

(A)    Only pre-approved Sponsored Ads, provided to Market Hong Kong Website owners through the download section of UnFranchise Business Account, 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 Hong Kong by sending them in an email to internetcompliance@markethongkong.com.hk 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 Hong Kong domain name. For example, a Sponsored Ad for Isotonix® may not show the domain name as markethongkong.com.hk, but must show as markethongkong.com.hk/[YOUR WEBSITE NAME].


SEC. 10        Limited License to Use Market Hong Kong Intellectual Property 

(A)    Copyrights: Market Hong Kong grants a limited license to its Independent UnFranchise Owners to use and display current Market Hong Kong product images and logos (but not Partner Store images and logos) from markethongkong.com.hk 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 Hong Kong-branded products can be used.

(B)    No other images, photographs, or logos contained on any Market Hong Kong 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 Hong Kong Websites or publications.    

(D)    Trademarks: Market Hong Kong grants a limited license to its Independent UnFranchise Owners to use and display Market Hong Kong’s brand and product names; provided, however, that such use must contain the appropriate trademark designation as shown on markethongkong.com.hk. For example, “OPC-3®”, not “OPC-3” or “OPC-3TM”.

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

(F)    Market Hong Kong owns the copyright to all Market Hong Kong created videos. UnFranchise Owners may embed or link to such videos on Secondary Websites and social networking sites, but may not download, copy, transfer, sell, or make any other use of Market Hong Kong -created videos without Market Hong Kong’s written permission.

(G)     Except as permitted under this Section, UnFranchise Owners may not advertise or promote any Market Hong Kong products if such advertising or promotion will violate the copyrights, trademarks, or trade names of Market Hong Kong 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 Hong Kong’s trademarks or trade names, or incorporate the names of Market Hong Kong executives or employees, the terms “discount”, “free”, “free shipping”, or similar terms, or the trademarks or trade names of Market Hong Kong’s partner stores (direct or indirect partners).

(B)    Market Hong Kong 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 Hong Kong 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 Hong Kong’s trademarks or trade names. Also, these names shall not incorporate (i) the names of Market Hong Kong executives or employees; (ii) the terms “discount”, “free”, “free shipping”, or similar terms; or (iii) the trademarks or trade names of Market Hong Kong’s Partner Stores (direct or indirect partners). Market Hong Kong retains the right to reject a Website name at any time. In the event such a name is rejected by Market Hong Kong the UnFranchise Owner must select another name.


SEC. 12    Social Networking Sites 

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

(D)    Market Hong Kong may, at its sole discretion, prohibit the use of any social media group or page name at any time. In the event Market Hong Kong 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 Hong Kong business on their own social networking pages but may not promote the Market Hong Kong business on the pages of the Market Hong Kong 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 Hong Kong’s Internet and WebCenter Policies.

(G)    UnFranchise Owners may not advertise or promote both Market Hong Kong 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 Hong Kong is terminated for any reason, the UnFranchise Owner’s social networking account used to advertise and promote Market Hong Kong 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 Hong Kong.


SEC. 13        EMAIL

UnFranchise Owners are only allowed to reference Market Hong Kong 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 or WebCenter 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 Hong Kong or the Market Hong Kong Internet Policy.

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


SEC. 14    INTERNATIONAL INTERNET SALES

Market America branded products and services may not be sold in countries where Market Hong Kong 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 Hong Kong shall be considered “open for business” in a country in which the MPCP has been initiated or where Market Hong Kong or its affiliates is otherwise authorized to conduct business.  

UnFranchise Owners may promote or refer Market America branded products to individuals in countries where Market Hong Kong 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 Hong Kong or its affiliates are not officially open for business. UnFranchise Owners shall not engage in sales of Market America-branded products directly to customers in countries where Market Hong Kong 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 Hong Kong or its affiliates is not open for business yet. 


SEC. 15      MAWEBCENTER POLICY

(A)    maWebCenters and Website Sales: UnFranchise Owners participating in the Market Hong Kong maWebCenters program must adhere to the following terms and conditions in exercising the use of their maWebCenters:

         (1)     maWebCenters owners who elect to solicit the help of non- UnFranchise Owners to sell Websites may not preclude or deny the non-UnFranchise Owner access to the Market Hong Kong business opportunity if the non-UnFranchise Owner wishes to begin an UnFranchise Business. Non- UnFranchise Owners who are on trial runs of the UnFranchise Business opportunity through selling Websites for a maWebCenters owner may not be solicited for sponsorship by another maWebCenters owner.

         (2)     A maWebCenters owner may not allow his or her maWebCenters to be used by another UnFranchise Owner to sell Websites for the purpose of avoiding the purchase of a maWebCenters. A WebCenter owner may help another maWebCenters owner learn how to sell Websites. However, any BV and retail profit generated from such help and support must be duly credited to the assisted UnFranchise Owner. 

         (3)     In providing cross-line support, an UnFranchise Owner shall not make such support conditional upon the cross-line UnFranchise Owner or prospect engaging in any activities which attempt to divert his or her effort, production, or activity away from the original line of sponsorship within the MPCP. 

         (4)     Monies accepted in consideration for creating or modifying a third-party Website through the maWebCenters interface must first be applied to activating the Website prior to applying the payment to any other purpose.

         (5)     UnFranchise Owners may not use the pre-approved UnFranchise Owner merchant accounts (associated with Websites and the accompanying virtual terminals) to collect monies for Website sales. Such accounts are not underwritten to allow Website sales.

(B)    Website/maWebCenters Collections:

         (1)    Definitions:

                  (a)    A “chargeback” is defined as a customer-disputed charge on a credit card statement and/or bank statement if paid by credit card.

         (2)    Chargeback Policy: All chargebacks received will incur a HK$234 service charge as follows:

                  (a)    HK$234 Service charge per chargeback received on Signup authorization and Setup hosting, or down-payment on finance option and Setup hosting.

                  (b)    HK$234 Service charge per chargeback received on maWebCenters/Website monthly hosting and Website finance payments.

                  (c)    HK$234 Service charge per chargeback on domain names.

         (3)    maWebCenters/Website Collections Policies:

                  (a)     If the Chargeback Prevention Forms available through the Sales Support section of the maWebCenters Administration are filled out completely, including the imprint of customer’s credit card, and the originals (not copies) are submitted to maWebCenters prior to the receipt of a chargeback, the UnFranchise Owner will not incur the service charge(s). The mailing address to send the applicable original Chargeback Prevention Forms is:   

maWebCenters
250 Pilot Rd.
Las Vegas, NV  89119
U.S.A.

                  Sending facsimiles or copies to maWebCenters is not acceptable. UnFranchise Owners should retain a copy and proof of mailing for their records in case of a dispute or discrepancy. Customized forms that contain the verbiage and customer information/authorization found on the downloadable maWebCenters forms are also acceptable.

                  (b)     UnFranchise Owners are responsible for repayment of any profit on transactions that are charged back, and any related service charge(s), in order to clear any chargeback.

                  (c)     All chargebacks must be cleared with a credit card, credit on account with Market Hong Kong.  (If applicable)

                  (d)     If a chargeback is received by Market Hong Kong, we will contact the UnFranchise Owner by telephone to speak to them regarding the chargeback.  If immediate contact is not made with the UnFranchise Owner, Market Hong Kong will suspend any or all of the UnFranchise Owner’s contract privileges, until the chargeback is cleared, or alternative payment arrangements are made.

                  (e)     Commissions may be withheld until all chargebacks, including any service charge(s), are cleared with Market Hong Kong. A commission will be held for only four consecutive weekly commission cycles from the week the commission would have otherwise been mailed, and if the chargeback has still not been cleared or payment arrangements made, the commission(s) will be forfeited.

                  (f)     Business volume for transactions that are charged back will be removed the day Market Hong Kong receives notification of the chargeback. The business volume removed will be applied to the week of the original transaction and any commission earned on that volume may be adjusted as appropriate.

                  (g)    Unless other repayment arrangements are made to clear the chargeback, any chargeback balance not satisfied within thirty (30) days will be turned over to a collection agency. If the chargeback is still outstanding after thirty (30) days, Market Hong Kong may consider taking legal actions.

(C)    maWebCenters and Website Cancellations and Credits: The following policies are applicable to cancellations of Websites and maWebCenters.

         (1)    Websites must be cancelled within the 10-day trial period in order to receive a full refund.

         (2)    maWebCenters must be activated at the time of purchase. A maWebCenters subscription is considered a service and is non-refundable if cancelled.

         (3)    UnFranchise Owners must repay Market Hong Kong any profit received on a Website sale that was cancelled within the 10-day trial period. Payments can be made with a credit card or credit on account with Market Hong Kong. (If applicable)

         (4)    If the Retail Profit was paid on a website that is being charged back and the UnFranchise Owner has already received a payment for the retail profit on that website, Market Hong Kong will contact the UnFranchise Owner upon notification of the chargeback. The UnFranchise Owner’s account will be blocked until arrangements are made with our Web Collections Department.  

         (5)    Commission(s) may be held or applied to outstanding balances until all profits are repaid to Market Hong Kong. Any commission will be held for only four consecutive weekly commission cycles from the week the commission would have otherwise been mailed, and if the profit has still not been repaid, the commission will be forfeited unless other repayment arrangements have been made and accepted by Market Hong Kong.

         (6)    Business volume for all Websites that are cancelled within the 10-day trial period will be removed the day Market Hong Kong receives notification of the cancellation. The business volume removed will be applied to the week of the original transaction.

         (7)    maWebCenters that have been cancelled for any reason must be reactivated using the appropriate reactivation code and fee.

         (8)    Credits for maWebCenters-related and Website-related services are issued at the sole discretion of Market Hong Kong on a case-by-case basis.

(D)    maWebCenters Suspensions: maWebCenters owners may not suspend their maWebCenters hosting at any time. maWebCenters that are delinquent on hosting fees for 15 days will be disabled without notice. maWebCenters owners may reactivate their maWebCenters within 75 days of the date their account became delinquent by paying all of the delinquent hosting fees. maWebCenters that are delinquent for more than 75 days will be cancelled.  


SEC. 16            INTERNET TRAININGS AND CORINGS

Due to the frequency that Internet-related products and services (and the related GMTSS training presentations) are updated, Internet trainings and coring’s are governed by the following:

(A)     Emulated Trainings and Corings: UnFranchise™ Owners who are not Certified maWebCenter Trainers (CWTs) may not conduct trainings or corings that emulate the maWebCenter Certification Training (WCT) using materials obtained from previously attended Certified maWebCenter Training courses. Non-CWTs may conduct corings using materials available to all UnFranchise Owners via their UnFranchise Business Account.

(B)    Approved Website Trainings and Materials: Without specific prior written approval from the Market Hong Kong Internet Training and Sales Department, UnFranchise Owners may not teach or promote website sales methods or systems which deviate from Market Hong Kong’s maWebCenter Certification Training (WCT). Only CWTs may conduct WCTs. In addition, only company-approved materials may be used in representing the Market Hong Kong maWebCenters Website sales program at corings and GMTSS meetings.  

(C)     Approved Trainings: CWTs may not conduct maWebCenter Certification Trainings that have not been approved through the GMTSS system, for a given date and location. A CWT who plans to conduct a training in an area within the same region as another CWT’s locality, or within the same region as another scheduled CWT curriculum training, should contact the affected trainer as a courtesy to inform him/her of the training and/or to coordinate training efforts.


SEC. 17     INTERNET AND MAWEBCENTER POLICY ENFORCEMENT AND DISCIPLINARY ACTION

(A)    Leader Responsibility: It is the responsibility of all leaders (Certified Executive Coordinators and higher pin levels) to enforce Market Hong Kong's Internet and maWebCenters policies. 

         (1)    Any leader, upon learning of a clear or suspected violation of the Market Hong Kong 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 Hong Kong'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 e-mail 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 Hong Kong 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 and/or maWebCenter, etc. as applicable pending the correction of the violation. UnFranchise Owners will have 10 days to correct minor violations of Market Hong Kong’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 Hong Kong UnFranchise Manual.