You hereby apply to become an Independent UnFranchise® Owner (“UFO”) or Sales Representative for Market America, Inc. and its affiliates (including without limitations Market (United Kingdom) Ltd., collectively referred to as “Market America”) collectively, “Market America”). You understand and agree that:
- Legal Capacity. If you are an individual, you are of legal age to enter into legally binding contracts in the jurisdiction in which you enter into this Agreement. If you are a business entity, you are in good standing in the jurisdiction in which you were created, and in all jurisdictions in which you operate. Also, if you are a business entity, the person signing this Agreement on your behalf has the authority to do so.
- Acceptance; Right to Sell Products. You shall become an UnFranchise Owner or Sales Representative upon acceptance of this Agreement by Market America. Market America shall accept this Agreement unless it notifies you of rejection within fifteen (15) days of its receipt. You shall have the right to sell the products offered by Market America in accordance with the policies and procedures in the Market America UnFranchise Manual, which may be amended from time to time in the sole discretion of Market America.
- Policies and Procedures. You certify that you have received a copy of the UnFranchise Manual from your Sponsor, upline Coordinator, or another source. You certify that you have carefully reviewed the Management Performance Compensation Plan (“MPCP”) and the policies and procedures as set forth in Part 2 of the UnFranchise Manual prior to entering into this Agreement, and you acknowledge that they are incorporated as part of this Agreement in their present form and as modified from time to time in the sole discretion of Market America.
- Modification. Market America, at its sole discretion, may amend the MPCP, the policies and procedures in Part 2 of the UnFranchise Manual, and terms of this Agreement. Such amendments will become will be effective immediately upon being posted to UnFranchise.com. Once you become a UFO or Sales Representative with Market America, your continuance as a UFO or Sales Representative with Market America after a modification or change to the policies and procedures and/or these terms has been posted will mean that you accept and agree to any changes that have been posted. You are encouraged to check UnFranchise.com from time to time to see if there have been any changes made by Market America.
- Sales Representative Option. If you have elected to become a Sales Representative, you have marked the appropriate box on this Agreement. There is no fee or requirement to become a Sales Representative. As a Sales Representative, you may purchase products at UnFranchise Cost and retail them, but you may not participate in the MPCP or earn commissions or bonuses. As a Sales Representative, you understand that you will not receive newsletters, services, or communications from Market America.
- UnFranchise Owner Option; Subscription Kit. If you have elected to become a UFO and participate in the MPCP, you agree to pay the current Subscription Fee with this Agreement. You agree that the MPCP has specific reporting and time-sensitive qualification requirements as set forth in the UnFranchise Manual.
Failure to comply with these requirements may affect your commissions, and Market America cannot make exceptions to the requirements. The Subscription Fee covers setup costs for your UnFranchise Business, an UnFranchise Manual, initial materials, and a subscription to newsletters, mailings, and other services. Startup materials and subscription services are sold at “UnFranchise Cost,” and UFOs do not receive volume credit or commissions on them. The Subscription Fee is not a service or franchise fee, but rather is strictly to offset costs incurred by Market America for educational and business materials necessary to operate an UnFranchise Business. No purchase is necessary to become a UFO other than the purchase of a Subscription Kit.
- Term; Renewal. The initial term of this Agreement is one (1) year. The expiration date of every term of this Agreement is the last business day of the month (start month) in which you became a UFO or Sales Representative in the next year. If you are a UFO, to participate in automatic annual renewal you must submit an Annual Renewal Payment Form and pay the Annual Renewal Fee for the next one year before the current one year term expires. The amount of Annual Renewal Fee is subject to change upon written notice in a Market America publication. You agree that if you opt in to automatic renewal this Agreement will automatically renew annually unless you notify Market America in writing that you desire to cancel your UnFranchise Business prior to the expiration date of each term of this Agreement. Failure to submit the Annual Renewal Fee will cause your status to be reduced to a Sales Representative. If you are a Sales Representative, you must submit the Annual Renewal Fee Payment Form to automatically renew this Agreement, but you do not need to submit an Annual Renewal Fee. You have the right not to seek automatic annual renewal of this Agreement, and Market America has the right to accept or reject your renewal at its discretion. If you submit the Annual Renewal Fee Payment Form, pay the Annual Renewal Fee prior to your expiration date, and it is not rejected by Market America prior to your expiration date, the Independent UnFranchise Owner Application & Agreement (“IUA&A”), shall be deemed to have been successfully renewed for one (1) year.
- Termination. Either party may terminate this Agreement for any reason and at any time upon thirty (30) days written notice to the other party. However, Market America may terminate this Agreement with less than thirty (30) days written notice for serious violations of the policies and procedures, in accordance with the Corrective Action Procedure described in the UnFranchise Manual. Notwithstanding the above, you may terminate this Agreement at any time within thirty (30) days of the date of this Agreement. The Subscription Fee is fully refundable for a period of thirty (30) days, from the date of this Agreement upon the return of the Subscription Kit in good condition and written termination of this Agreement by you. The cost of the UnFranchise Manual and initial materials in good condition is £25.00, and this is refundable for a period of ninety (90) days from the date of this Agreement, upon return of the manual and materials in good condition and written termination of this Agreement. The balance of the Subscription Fee is not refundable after thirty (30) days, and no refunds of any kind for the Subscription Fee or Kit are granted after ninety (90) days. For products and materials other than the Subscription Fee and Kit, Market America shall refund 90 percent of the UnFranchise Cost of all resalable products and materials purchased during the one-year period prior to termination. In applying for a refund, you must follow the provisions contained in the UnFranchise Manual.
- Independent Contractor Status. Upon acceptance of this Agreement by Market America, you will be an independent contractor responsible for your own business. This Agreement is not intended and shall not be construed to create a relationship of employer-employee, agency, partnership or joint venture between you and Market America, or between you and your sponsor. This Agreement does not constitute the sale of a franchise or UnFranchise Business, and no fees have been or will be required from you for the right to distribute Market America’s products pursuant to this Agreement. As an independent contractor, you must:
- Abide by any federal, state, county and local laws, rules and regulations pertaining to this Agreement and/or the acquisition, receipt, holding, selling, distributing or advertising of Market America products.
- At your expense, make, execute or file all reports and obtain all licences as are required by law or public authority with respect to this Agreement and/or the receipt, holding, selling, distributing or advertising of Market America products.
- Must not directly or indirectly disclose any information contained in any Management Reports or any other business documents to any third party;
- Must not use such information to compete with Market America;
- Must not encourage or solicit any customer(s) or UFO(s) to reduce or terminate their business relationship with Market America, including but not limited to using social media sites to solicit UFOs;
- Must not directly or indirectly disclose to any third party their REP ID and Password;
- Must train and communicate with their sales organisation to ensure that UFOs do not make improper product or income claims, or 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 America or any other action that would otherwise violate the IUA&A; and
- Must train and motivate their sales organisation in subject matter regarding Market America products, effective sales techniques, the MPCP and compliance with policies and procedures contained in the UnFranchise Manual.
Failure to comply with these responsibilities may result in the initiation of corrective action as set forth in the UnFranchise Manual. As you progress through levels of leadership, you understand that you must sign additional agreements or addenda to this Agreement in order to advance in the MPCP or to assume a training and leadership position in the GMTSS. Required Agreements to be eligible to earn in the MPCP are as follows: Quarterly Sales Report (Form 1000) prior to qualifying as a Coordinator; upon qualifying as a Coordinator you must submit an Executive Coordinator Application and Agreement Qualification Agreement (Form 1001) and an Executive Coordinator Acknowledgement and Agreement (Form 925) within twenty-eight (28) days of qualifying at the Executive Coordinator level. Such forms/agreements will become part of this agreement. Requirements and any additional forms or agreements are subject to change at Market America’s sole discretion.
To protect the Proprietary and Confidential Information, you shall not, on your behalf or on behalf of any other person or entity, directly or indirectly:
- Disclose or disseminate any Proprietary and Confidential Information to any other person or entity;
- Provide access to any password-protected sections of Market America’s web sites and associated social media pages containing Proprietary and Confidential Information to any other person or entity;
- Use Proprietary and Confidential Information for any purpose other than the conduct and promotion of the your Market America business, including but not limited to recruiting any UFO for any Competing Companies, as defined in Section 16;
- Use Proprietary and Confidential Information to attempt to influence or induce any UFO, customer, or employee of Market America to cease or alter their business relationship with Market America; or
- Reproduce Proprietary and Confidential Information in whole or in part for any UFO or any other person except as authorised in writing by Market America to ensure the quality, integrity, and service of these valuable business assets are protected.
Upon termination or cancellation of this agreement, all Proprietary and Confidential Information in its entirety must be returned to Market America.
You acknowledge and agree that if you violate the terms of this section, Market America will be irreparably harmed and the full extent of Market America’s damages will be difficult to determine and likely not sufficient; therefore, Market America shall be entitled to equitable relief, including but not limited to immediate temporary, preliminary and permanent injunctive relief against you and all those acting in collaboration with you to prevent and enjoin any violation of this section. This remedy is in addition to any other legal remedies to which Market America may be entitled, including but not limited to disciplinary sanctions and recovery of damages caused by your breach. The provisions of this section shall survive termination of this agreement.
- within 100 miles (160 kilometres) of any place you resided (including vacation properties) or were employed while you were a UFO;
- within 100 miles (160 kilometres) of the residences of any of your personally sponsored UFOs;
- within 100 miles (160 kilometres) of any UFO in your downline who achieved the level of Executive Coordinator or above during the time that you were a UFO; or
- within 100 miles (160 kilometres) of any GMTSS presentation conducted by you.
This provision does not limit your ability to solicit individuals not associated in any way with Market America. Your conduct constitutes recruiting even if the solicited UFO’s or customer’s actions are in response to an inquiry or contact made by another individual or company on your behalf and even if the solicited UFO’s or customer’s response is not directed to you. Should you solicit another Market America UFO or customer, regardless of whether you personally sponsored or personally registered the UFO or customer, there shall be a presumption that you utilised Proprietary and Confidential Information. You must then prove by the preponderance of the evidence that the solicitation was done without the use of Proprietary and Confidential Information.
If you violate this provision, the time period will be extended by two (2) years from the date of the last violation. You acknowledge and agree that if you violate the terms of this section, Market America will be irreparably harmed and the full extent of Market America’s damages will be difficult to determine and likely not sufficient; therefore, Market America shall be entitled to equitable relief, including but not limited to immediate temporary, preliminary and permanent injunctive relief against you and all those acting in collaboration with you to prevent and enjoin any violation of this section. This remedy is in addition to any other legal remedies to which Market America may be entitled, including but not limited to disciplinary sanctions and recovery of damages caused by your breach. The provisions of this section shall survive termination of this Agreement.
- The types of personally identifiable information collected about you during your relationship with our company.
- How we use and share the information that we collect from you.
- The choices you have about the collection, use and sharing of your personally identifiable information.
- The types of security procedures we take to safeguard your personally identifiable information.
- How you may access, update and change personally identifiable information you have provided.
- Other Information.
- Unsubscribing from marketing emails: For example, if you no longer desire to receive marketing emails on your email account, you can always contact us on the unsubscribe link provided in the footer of our emails. Please see instructions below.
- Accessing your data: You may want to access your data, or you would like to edit your data in case information is incorrect or incomplete. You may want to transfer your data within sites. The only thing you need to do is to follow the steps provided on the link below.
- Withdrawing consent: You may want to withdraw your consent; we will follow up on your request, we will collect no additional information and will no longer be able to process your information. Please follow the instructions below
- Deleting your data permanently: You may want us to forget about you. Thus if you want us to delete your information from our database, we will be able to follow your request in a timely manner unless we have to keep that information for legitimate business or for legal purposes. You acknowledge and agree that once we erase your information from our system, we will not be able to identify you. Therefore, if you attempt to come back to interact with our websites, all your information that we store for you, for your convenience, will no longer be available. For example, your basic information such as profile, history and preferences will be gone. You may want to consider all of that before you make this decision. Please see instructions below.
The information we learn from customers helps us personalise and continually improve the shopping experience at the Site.
More About the Information We Collect
To best serve your needs, we will, from time to time, collect certain information from you.
1. Personal Information. The information we collect may include, without limitation, your name, address, telephone number, email address, buying habits, personal data (such as your skin type, skincare routine, concerns about skincare and age), corporate information, testimonial, credit card information and date of birth. Personal information will be collected at various times including, without limitation, when you:
- Register as a Preferred Customer
- Apply to and/or participate in the Pro-Artist Programr
- Apply to and/or participate in the Motives® Affiliate Programr
- Order or reorder products, services and/or gift cards by telephone or on the Siter
- Write an email or letter to Market United Kingdomr
- Enrol in or use for AutoShipr
- Submit a product review or testimonial to Market United Kingdomr
- Complete the skincare analysisr
- Return an item or make an exchanger
- Participate in a marketing survey, promotion or event
- Contact our customer service or product information departments
- Navigate the website
- Register on our website
- Order products and services from our Partner Stores
Using Information We Collect
We want to provide you with the best possible internet experience and fulfil your orders exactly as you've requested. Additionally, we want to make your experience as a Market United Kingdom Customer a pleasant one. To do this, we collect information that allows us to, without limitation:
1. Use of Personal Information
- Process your order
- Match you up with an UnFranchise Owner who is the best possible fit for you
- Provide the products and services you request
- Partner with stores where you like to shop
- Send you promotional offers
- Identify your product and service preferences
- Customise our communications to you
- Provide information concerning products you have purchased
- Improve our product selection and customer service
- Share your positive product testimonials with others
- Include your name, stories, testimonials and images in Market United Kingdom and third-party publications, literature and/or other media, on Market United Kingdom operated websites, on third-party websites, on social media and blogs, at Market United Kingdom events, on Market United Kingdom CDs and DVDs, and in any other Market United Kingdom communications to our UnFranchise Owners, Partner Stores or others, or as otherwise deemed useful or appropriate by Market United Kingdom.
Information We Share with Others and Your Privacy Rights
It is not a practice of Market United Kingdom to sell, rent or trade personal information. To service our customers and Preferred Customers, we will share your order information, some of your personal information and information about your spending habits with the Market United Kingdom UnFranchise Owner assigned as your Shop Consultant. Market United Kingdom’s UnFranchise Owners are obligated to treat the information you supply with confidentiality.
We share certain limited information with the Partner Stores where you shop. Additionally, we contract with other companies to provide certain services, including without limitation credit card processing, IT consulting, printing, shipping, internet services, e-commerce, and public and media relations. We make every effort to provide these companies with only the information they need to perform their services. Generally, such companies are prohibited from sharing this information with anyone other than Market United Kingdom or its UnFranchise Owners.
On rare occasions, we may disclose specific information upon governmental request, in response to a court order, or when required by law to do so. We may also share information with companies assisting in fraud protection or investigation. We do not provide information to these agencies or companies for marketing or commercial purposes.
How We Use Email
When you provide us your email address, you may receive emails from us or from one of our UnFranchise Owners. Emails may be sent to assist us in processing your order, respond to a request, provide customer service or inform you about products, services or promotional materials. It is our intent to send promotional emails only to those persons who wish to receive them. We provide instructions on how to unsubscribe in our emails.
Links to Other Sites
We may provide links on our Website to other sites. These sites operate independently of Market United Kingdom and have established their own privacy and security policies. We encourage you to review these policies at any site you visit.
How to contact us to manage your personal data:
- Unsubscribing from marketing emails: if you no longer desire to receive marketing emails on your email account, click on the unsubscribe link provided in the footer of our emails.
- Accessing your data: To access or edit your data, please contact: firstname.lastname@example.org.
- Withdrawing consent: You must be logged in to access this feature. If you have an account, please log in.
- Deleting your data permanently: You must be logged in to access this feature. If you have an account, please log in.
Market United Kingdom is committed to protecting the privacy of your personal information. It is our intent to protect against the loss, misuse or alteration of information that we have collected from you. We use a variety of current technologies and processes for protection of information we collect, and we limit the information we provide to third parties.
When you make a purchase or submit a document on our website, your transactional information is transmitted in a safe, encrypted format.
Privacy of Children on Our Web Site
Our Website is not intended for use by anyone under the age of 18. We do not knowingly collect personal information from persons under the age of 18.
We always welcome your questions and feedback. For privacy-related issues, please contact us at email@example.com.
“OFFICIAL LANGUAGE VERSION: To the extent that there is any inconsistency between the English version and any translated version of these policies and terms, the English version shall be controlling.”
Facts to take in consideration before modifying cookies or consent:
- If you turn cookies off, you will not have access to many features that make your experience on the Site smoother, like the features mentioned above, and some of our services will not function properly including the shopping basket and checkout areas. And depending upon the type of cookies you clear, we may have to prompt a consent request again in order to proceed.
- If you withdraw your consent, we will have to disable all the cookies we used during your interaction. In that case, when your return to our websites, your information and preferences will remain stored in our systems; however, a consent checkbox will be prompted to you again in order to proceed.
- If you request to be forgotten, we will have to disable all the cookies and your information and preferences will be removed from our systems.
- If you withdraw your consent or request to be forgotten, make sure you clear cookies from all devices you have used to interacted with our website.
The Site uses a variety of technical methods for tracking purposes, including web beacons. Web beacons are small pieces of data that are embedded in images on the pages of websites. We may use these technical methods to analyse the traffic patterns on the Site, such as the frequency with which our users visit various parts of the Site. These technical methods may involve the transmission of information either directly to us or to another party authorised by us to collect information on our behalf. We also use these technical methods in HTML emails that we send our customers to determine whether customers have opened those emails and/or clicked on links in those emails. The information from use of these technical methods may be collected in a form that is personally identifiable. The information collected by these technical methods may be in a form that is personally identifiable.
As mentioned above, we use different kinds of cookies for various reasons, such as essential cookies, which allow us for example, to identify you, or functional cookies that remember your login details or your preferences. All the data contained in the cookies that we use is completely anonymous. Please see a list of cookies we are currently using as follows:
How to contact us?
If you have any questions or suggestions, please contact us at:Market (United Kingdom)
Address: Salisbury House 5 Cranmer Road London
SW9 6EJ United Kingdom
|Adobe Audience||Analytics||Understanding Shopping Trends|
|Adobe Test & Target||Analytics||Understanding Shopping Trends|
|Bing Ads||Advertising||Targeted Advertising|
|ChannelAdvisor||Analytics||Understanding Shopping Trends|
|Curalate||Social Media||Connect Customers with Social Media|
|Digicert Trust Seal||Security||Site Security - SSL Encryption|
|Device Fingerprinting||Analytics||General User Device, Location Information for Security|
|Facebook Connect||Social Media||Connect Customers with Social Media|
|Facebook Custom||Social Media||Connect Customers with Social Media|
|Facebook Impression||Social Media||Connect Customers with Social Media|
|GA Audience||Analytics||Understanding Shopping Trends|
|Google Ads Measure||Advertising||Targeted Advertising|
|Google Adsense||Advertising||Targeted Advertising|
|Google AdServices||Advertising||Targeted Advertising|
|Google Analytics||Analytics||Understanding Shopping Trends|
|Iotec||Analytics||Understanding Shopping Trends|
|Omniture (Adobe)||Analytics||Understanding Shopping Trends|
|Open Adstream||Advertising||Targeted Advertising|
|Quantcast||Analytics||Understanding Shopping Trends|
|Tealium||Site Utility||Tag Management to Load Third Party Plugins|
|User Replay||Analytics||Ability to Review a Customers Website Session for Customer Service|
|AddThis||Social Media||Connect Customers with Social Media|
|CFID||Site Utility||Site Session Information|
|CFTOKEN||Site Utility||Site Session Information|
|JSESSIONID||Site Utility||Site Session Information|
|betoken||Site Utility||Ordering Information Flags|
|ectoken||Site Utility||Ordering Information Flags|
|payerid||Site Utility||Ordering Information Flags|
|UF-Widgets||Site Utility||Homepage Widget Information|
|CreditUser||Site Utility||Track User ID|
|MAINFO||Site Utility||Track User ID|
|UMAID||Site Utility||Track User ID|
|IXALPID||Site Utility||Track User ID|
|NALPID||Site Utility||Track User ID|
|cartID||Site Utility||Track User Cart ID|
|TALPID||Site Utility||Track User ID|