Terms of Use

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:

  1. 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.

  2. 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.

  3. 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.

    • Privacy Policy: Our Privacy Policy is part of and incorporated into this Agreement by this reference, inserted below on Annex A.

  4. 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. 

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. Not an Employee. You are not considered an employee of Market America under any federal, state or local laws, including but not limited to the Federal Unemployment Tax, Workers’ Compensation, income tax withholding, or any other federal, state or local laws. It is your responsibility to pay self-employment, federal, state and local income taxes as required by law.

  11. Retail Sales. The MPCP is built on retail sales to the end consumer. You may purchase products for your personal or family use, but Market America does not pay commissions on these purchases. You must sell £115.00 in retail value of products to end users and submit a retail sales report (Form 1000) at the end of each quarter in order to receive any commissions under the MPCP or qualifying to become a Coordinator.

  12. Trademarks; Advertising. You may not use the Market America trade name or product trademarks except in the advertising material or literature produced or provided to you by Market America, or as otherwise authorised by Market America in writing. Prior written approval from Market America is required to advertise Market America products, or to use or produce any literature other than Market America–produced literature, relating to Market America, its products or the MPCP.

  13. Public Presentations of the MPCP. Only UFOs who have achieved an UnFranchise Level of Certified Executive Coordinator or higher are permitted to make public presentations of the MPCP or the UnFranchise System.

  14. Management Responsibilities; Other Agreements. You must maintain and provide continuous substantive supervisory and management functions to all UFOs in your sales organisation, regardless of whether their sales volume currently contributes to your commissions. Examples of such 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 UFOs 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 and social media; as well as accompanying them to Global Meeting, Training and Seminar System ( “GMTSS”) events and other Market America events and training programs. You must provide evidence to Market America, at its request and satisfactory to Market America in its sole discretion, that these supervisory and management responsibilities have been and are currently being fulfilled. Market America will provide all UFOs 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 America and should be treated as such, pursuant to Section 20 of the IUA&A. Specifically, except as expressly permitted by Section 20 of the IUA&A, UFOs:

    1. Must not directly or indirectly disclose any information contained in any Management Reports or any other business documents to any third party;
    2. Must not use such information to compete with Market America;
    3. 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;
    4. Must not directly or indirectly disclose to any third party their REP ID and Password;
    5. 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
    6. 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. 

  15. One UnFranchise Owner per Household. Prior written approval from Market America is required to have more than one UFO in a single household. A UFO will not receive personal sponsorship activation credit for an approved UFO in the same household.

  16. Cross-Group Sponsoring. Prospecting, recruiting, and/or sponsoring, directly or indirectly (including but not limited to the use of a website or social media), whether through a spouse, immediate family members, or affiliated third parties, any UFO into another line of sponsorship within Market America’s MPCP or in any direct sales, network marketing, affiliate marketing or similar business venture or marketing opportunity (collectively, “Competing Company”) is strictly prohibited. Further, you agree that any use of Market America’s Proprietary or Confidential Information or your relationships developed through Market America to divert or diminish a UFO’s or customer’s time, effort, volume, production or activity under the UFO’s line of sponsorship or under the MPCP to benefit another person or entity by use of any device, mechanism, agreement or arrangement, including but not limited to the use of trade names, DBAs, assumed names, fraudulent National Insurance Number or Unique Tax Payer Reference, fabricated Business Development Centres (collectively “Alter Egos”), is unethical and strictly prohibited. You acknowledge and agree that the use of an Alter Ego undermines the UnFranchise Business Plan and deprives other UFOs of business volume that he or she would be due. Furthermore, you agree and acknowledge that without these prohibitions, there would be no incentive for UFOs to recruit, train, and manage their organisations. Violation of this section shall result in initiation of corrective action procedures, which may result in, without limitation, reorganising the sales organisations and genealogies, moving or adjusting sales volumes involved in order to protect the integrity of the marketing Plan, financial restitution and/or termination of the UFO’s IUA&A.

  17. Right to Setoff. If you or anyone in your line of sponsorship is in default on payment for Market America products or services, Market America may setoff/deduct the balance due from any commission or other compensation owed to you by Market America, or against any credit on your account. Default on payments due for purchases from Market America is grounds for termination of this IUA&A.

  18. Prior Disciplinary Action. You certify that you have never been the subject of disciplinary action as a distributor for any Competing Company, as defined in Section 16. If you have been the subject of a disciplinary action, you must send an explanation of the facts and resolution of that action to Market America’s Corporate Office (Attn: Legal Department) prior to submitting this Agreement.

  19. UnFranchise Owner Grievances. You agree to submit any complaint, grievance or claim against another UFO or Market America in accordance with the Grievance Procedure set forth in the UnFranchise Manual. You agree not to seek arbitration, take legal action except in accordance with the Grievance Procedure, or contact any regulatory agency regarding your Market America UnFranchise Business until all steps of the Grievance Procedure have been completed. If you breach this covenant, you may be liable to Market America for damages and legal costs, including reasonable attorney’s fees.

  20. Proprietary and Trade Secret Information. You acknowledge that while you are a UFO, certain confidential information, reports and material may be made available regarding Market America’s business, including but not limited to; UFO lists, UFO and customer contact information, UFO financial data, a UFO’s personal and/or group sales volume(s), linkage and/or genealogy information, the GMTSS, Market America voicemail system, business building/marketing materials (printed, web-based, social media, on film, magnetic media produced by sound recording or otherwise embodied, are copyrighted and/or trademarked/service marked, whether such claim or mark is registered, or in the process of such) (collectively “Proprietary and Confidential Information)”. You hereby acknowledge and agree that all Proprietary and Confidential Information belongs solely and exclusively to Market America and its affiliates and constitutes its trade secrets. You further agree that UFOs have no claim, right or title to any of the Proprietary and Confidential Information; and that the Proprietary and Confidential Information is provided to UFOs in strictest confidence and is made available to UFOs for the sole purpose of assisting in building and growing their Market America business. You acknowledge that, but for your agreement to these provisions, Market America would not provide Proprietary and Confidential Information to UFOs. 

    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:

    1. Disclose or disseminate any Proprietary and Confidential Information to any other person or entity;
    2. 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;
    3. 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;
    4. 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
    5. 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.

  21. Protection of Market America Sales Force. You recognize that Market America and all of its UFOs (herein referred to as Market America’s “Sales Force”) have invested substantial time, energy, effort and money in training and building this Sales Force; therefore, protecting Market America and the Sales Force from unfair competition is critically important. You agree and warrant that you will not in any way, directly or indirectly, or by social media or by any other means, during the term of this Agreement or thereafter, make any statements (orally or in writing, whether fiction or nonfiction) or take any action(s), which in any way disparage or defame Market America, its parent, subsidiaries or affiliates (“Related Companies”) and/or their respective officers, directors, partners, principals, employees, third party vendors, consultants, agents, attorneys or advisors, or in any way, directly or indirectly, cause or encourage any other person to make such statements or take such actions. You further agree that provisions contained in this Agreement are reasonable and necessary to protect the legitimate interests of Market America, its Sales Force and Related Companies, and that Market America will not accept your IUA&A in the absence of your agreement to these provisions. 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.

  22. Non-Solicitation during Term. During the term of this Agreement you are prohibited from, directly or indirectly, promoting or marketing any Competing Company or selling their respective products and programs to any UFOs or customers. This provision does not limit your ability to solicit individuals not associated in any way with Market America. You agree that you are also prohibited from using Proprietary and Confidential Information to directly or indirectly offer or promote any non–Market America products or business opportunities to UFOs or customers regardless of whether such business opportunities or products relate to a Competing Company. In addition, you acknowledge and agree that because Competing Companies are conducted worldwide, often through networks of independent contractors dispersed across the entire United States and internationally, and business is commonly conducted via the internet and telephone, that to limit the geographic scope of this non-solicitation provision during the term of this Agreement would render it wholly ineffective. Therefore, you agree that this non-solicitation provision shall apply in all countries in which Market America conducts business at the time the restriction is applicable. 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.

  23. Non-Solicitation after Termination. Following the cancellation or termination of your UnFranchise Business, whether voluntary or involuntary and regardless of the reason for cancellation or termination, and for a period of two (2) years thereafter, you may not solicit, directly or indirectly (including but not limited to the use of a website or social media), or through a third party, another Market America UFO or customer to enrol or participate in a Competing Company whether or not the UFO or customer was personally sponsored or registered by you:

    1. within 100 miles (160 kilometres) of any place you resided (including vacation properties) or were employed while you were a UFO;
    2. within 100 miles (160 kilometres) of the residences of any of your personally sponsored UFOs;
    3. 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
    4. 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.

  24. Indemnification. You agree to defend, indemnify and hold harmless Market America, its affiliates, owners, representatives, officers, employees, agents and assigns from and against any and all liability, actions, claims, judgments, lawsuits, demands, costs and expenses (including attorney’s fees) arising out of, resulting from or in any way connected to your performance under this Agreement, whether occasioned by the actions or omissions to act of you or your representatives, contractors, agents, employees or invitees. This indemnity clause shall apply without regard to whether or not Market America is actively or passively negligent with respect to the liability, action, claim, judgment, lawsuit and/or demand. You will provide the defence of any and all such actions, claims, lawsuits and/or demands, and will employ counsel who is satisfactory to Market America for that purpose. Alternatively, Market America may, in its sole discretion, provide its own defence at your expense.

  25. Non-Waiver. Any failure to enforce any right or requirement of this Agreement shall not constitute a waiver of any right granted herein or existing under North Carolina law.

  26. Unenforceable Terms. If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force.

  27. Choice of Law. North Carolina law shall govern any dispute arising out of, or related to, this Agreement notwithstanding its choice of law provisions.

  28. Arbitration. (a) Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall ultimately be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrators may be entered in a court of competent jurisdiction. You certify that you are knowingly, voluntarily and intentionally waiving the right to have any dispute you have regarding this Agreement heard by a jury and determined in a court of law. The arbitration shall be heard by one arbitrator, and it shall take place in Greensboro, North Carolina. Either party may seek emergency or provisional relief in the General Court of Justice, Guilford County, North Carolina, prior to invoking the arbitration remedy. (b) PROVIDED, HOWEVER, YOU AND MARKET AMERICA AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, and EVEN IF AAA’S PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM. You and Market America also agree not to seek to combine any action or arbitration with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations. (c) If Section 28(b) should be found illegal or unenforceable, you and Market America agree that it shall not be severable, that Sections 28(a) and (b) shall be unenforceable in their entirety, and that the any claim or dispute will be resolved in court and not in collective arbitration.

  29. Choice of Forum/Jurisdiction. Notwithstanding sections 27 and 28 above, if Market America suspects that you have violated Sections 20, 21, 22 and/or 23 of this Agreement, Market America may, in its sole discretion, prior to or instead of invoking the arbitration remedy contained in Section 28 of this Agreement, commence an action, litigation, or proceeding against you seeking any and all remedies available to Market America at law or in equity, including, without limitation, an injunction in any court of competent jurisdiction in Guilford County, North Carolina or any jurisdiction (a) in which the suspected violation occurred; (b) in which you reside (or if you are a business entity, in which you were created); or (c) in which you may have conducted or developed your Market America business. In such a case, if the courts of the concerned jurisdiction are unable or unwilling to apply North Carolina law, the laws of the jurisdiction shall apply. You irrevocably submit and consent to the personal jurisdiction of such courts in the event that Market America invokes this provision. You further agree that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced against you in other jurisdictions by suit on the judgment or in any other manner provided by law. 

  30. Attorney Fees. The prevailing party shall have the right to collect from the other party its reasonable costs and attorney fees (including, without limitation, those associated with in house counsel) incurred in enforcing this Agreement. 

  31. Entire Agreement. This Agreement and Part 2 of the UnFranchise Manual constitute the entire agreement between you and Market America, unless you and Market America enter into any additional agreements as you progress as a UFO and if so, such agreements are specifically incorporated herein. Market America has not made any additional promises, representations, guarantees or agreements to or with you. You agree that you shall not rely on any representation made by a UFO, whether verbal or written, regarding the terms and conditions of this Agreement, as the basis for a claim of misrepresentation against Market America. To the extent that there is any inconsistency between this Agreement and Part 2 of the UnFranchise Manual, this Agreement controls. No additional promises, representations, guarantees or agreements of any kind shall be valid unless in writing and signed by an authorised officer of Market America.


Annex A:

Privacy Policy

Rev.  05/02/18

This Privacy Policy applies to all our sites that you as an UnFranchise Owner use to interact with us, such as UnFranchise.com, UK.SHOP.COM, uk.motivescosmetics.com, uk.tlsSlim.com, GLOBAL.SHOP.COM and all directly associated domains (collectively called the “Site”).

We are committed to respecting your privacy and the security of your personal information. Our privacy policy describes the information we collect and how we use it. We work closely with Shop MA, Inc., SHOP.com Marketplace, Inc., Market America Worldwide, Inc. and each of their various subsidiaries and affiliated companies (collectively the “Affiliates”) and your personal, technical and discretionary information may be shared with each of these Affiliates, at our discretion. Throughout this Privacy Policy, Market United Kingdom is referred as “Market United Kingdom,” “Company,” “we,” “us” and “our.”

This Privacy Policy outlines some of the types of personal information we receive and collect, and how we use that information. We hope this Privacy Policy will help you make an informed decision about sharing your personal information with us.

This Privacy Policy covers the following information:

  • 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.
  • How you can ask questions or send us comments about this Privacy Policy.
  • Third-Party Information. We may permit web analytics and other providers to collect and process information on our websites through the use of cookies, tracking pixels and other technologies. Some of these providers have information about you, including personal information, demographic information and interest reports. They may share this information with us and we may share your personal information with them. Third-Party Information helps us to enhance and personalise our interactions with you so that the information you receive is more relevant to you. We use Third-Party Information for behavioral advertising, which allows us to predict your preferences and to show you ads and send you emails that are more likely to interest you.
Our mission is to provide the most compelling shopping experience for our customers. We want you to feel safe while visiting the Site. This is why we ask you to read our policies and give your consent to proceed, enabling you to navigate in our websites knowing why we collect your information and how you can interact with our websites. When we process the information you give us, some types of which we outline below, our goal is to be clear about what information we collect and how you can make choices about your data. We listed some actions you may take as follows:

  1. 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.
  2. 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.
  3. 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
  4. 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.
We aim to maintain our websites as a safe place to interact; therefore, we have several systems in place to protect your information from accidental or malicious misuse or destruction. Because of this, it may take several steps to do what you asked, especially to erase your information. We may not immediately remove information from all areas of our systems. Therefore, it may take several days until we will be able to complete this task.

Please feel free to ask questions, or send us comments about this Privacy Policy.

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
2. Technical information we collect and store automatically. When you visit the Site, we may store some or all of the following: the internet address from which you accessed the Site, the date and time you visited the Site, whether you are a new or returning visitor, the page from which you exit the Site, what country you are visiting from (your network location), the internet address of the web site from which you linked to the Site, the name of the file or words you searched for, items clicked on a page, and the browser and operating system used.

3. Cookies. We also use cookies. Please read our cookie policy to find out how it works. Our cookie policy is part of and incorporated into our Privacy Policy, which is part of and incorporated into our Terms of Use.

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.
2. Use of Technical Information. This information is used to measure the number of visitors to the Site and to various sections of the Site, the percentage of visits that came from particular keyword searches, the average time spent on the Site by visitors and the average number of page views by visitors. It may also be used to identify system performance or problem areas. We also use this information to help us develop the Site, analyse patterns of usage, and to make the site more useful. This information is not used for associating search terms or patterns of site navigation with individual users. The Site may periodically delete its web logs. We use third-party analytics services to collect and analyse this data, and on occasion, we may provide this information to third-party entities we contract with for the purpose of further analysing website traffic.

3. Use of Cookies. Cookies allow us to enhance, personalise and track your online experience, so that the information you receive is more relevant to you. This technology will allow you to move faster through our website once the information is in our database because you do not have to re-enter the same information or log in each time you enter the site.

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:

  1. 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.
  2. Accessing your data: To access or edit your data, please contact: privacy@marketunitedkingdom.com.
  3. Withdrawing consent: You must be logged in to access this feature. If you have an account, please log in.
  4. Deleting your data permanently: You must be logged in to access this feature. If you have an account, please log in.
Security

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.
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Privacy Policy, Terms of Use, Notices and Revisions

Your use of the Site, and any disputes arising from it, are subject to this Privacy Policy as well as our Terms of Service and all of its dispute resolution provisions including limitation on damages and choice of law. We reserve the right to change our Privacy Policy and our Terms of Service at any time. All changes and clarifications will take effect immediately, upon their posting on this Site. If we make changes, we will post them and will indicate on this policy the new effective date. Unless otherwise indicated by you, your continued use of the Site indicates your agreement to the changes and clarifications made by us to this Privacy Policy and Terms of Service from time to time. We encourage you to refer to this policy on an ongoing basis so that you understand our current Privacy Policy. This Privacy Policy applies to unfranchise.com only. Any information you provide to Market United Kingdom outside of the scope of the Site, including without limitation, through any other affiliated, owned or operated Website, at an event, by telephone, mail or email is not covered by this Privacy Policy.

Contact Us

We always welcome your questions and feedback. For privacy-related issues, please contact us at privacy@marketunitedkingdom.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.”

 

 

Cookie Policy

We use cookies. We (and our partners) use various technologies to collect and store information when you visit our website, and this may include using cookies to identify your browser or device, which its purpose is basically to remember your preferences and/or customise our website to your interests.

What is a cookie?

Cookies are pieces of information that a site sends to your computer while you are viewing the site. There are different types of cookies, depending upon the time they are activated (session cookies or persistent cookies), or the entity who owns it (first party or third party). For instance, when you return to the Site after logging in, cookies provide information to the Site so that the Site will remember you. We may also use temporary or "session" cookies to help you shop. These session cookies will expire when you place an order. We provide a list of cookies we use, the different types and their purposes. This list of cookies may change from time to time, so you know that once you sign up for accepting cookies, you are accepting and agreeing that we will use these cookies and they may change, depending upon the purposes and needs we may have. That is why we ask you to agree to use cookies when you are interacting with our websites (please find list of cookies below). You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser’s “Help” menu to learn the correct way to modify your cookies.

Facts to take in consideration before modifying cookies or consent:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. Some of our business partners may also use cookies on the Site. Please make sure you read and agree with their privacy policy, since once you are redirected to another site other than ours, your interaction will no longer by ruled by our privacy policy.

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.

The Site includes third-party advertising and links to other websites such as Google, advertising.com or shopping.com. These companies are called "network advertisers." We do not provide any personally identifiable information to these network advertisers. Network advertisers who place advertisements on the Site, or third parties with whom we have a relationship, may also use cookies and web beacons to collect non-personally identifiable information. You may not realise this information is being collected. In some cases, we may have access to information from web beacons and cookies used by network advertisers on the Site and this information may permit us to identify other sites that you have visited that are also associated with the network advertiser. Once you have clicked on an advertisement and have left the Site, our Privacy Policy no longer applies and you must read the privacy policy of the advertiser to see how your personal information will be handled on their site. You should contact these advertisers directly if you have any questions about their use of the information that they collect.

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
Phone: 0845-257-8041
Email:
UKSUPPORT@shop.com

Cookie NameCategoryPurpose
Adobe AudienceAnalyticsUnderstanding Shopping Trends
Adobe Test & TargetAnalyticsUnderstanding Shopping Trends
Bing AdsAdvertisingTargeted Advertising
ChannelAdvisorAnalyticsUnderstanding Shopping Trends
CuralateSocial MediaConnect Customers with Social Media
Digicert Trust SealSecuritySite Security - SSL Encryption
Device FingerprintingAnalyticsGeneral User Device, Location Information for Security
DoubleClickAdvertisingTargeted Advertising
Facebook ConnectSocial MediaConnect Customers with Social Media
Facebook CustomSocial MediaConnect Customers with Social Media
Facebook ImpressionSocial MediaConnect Customers with Social Media
GA AudienceAnalyticsUnderstanding Shopping Trends
Google Ads MeasureAdvertisingTargeted Advertising
Google AdsenseAdvertisingTargeted Advertising
Google AdServicesAdvertisingTargeted Advertising
Google AnalyticsAnalyticsUnderstanding Shopping Trends
IotecAnalyticsUnderstanding Shopping Trends
Omniture (Adobe)AnalyticsUnderstanding Shopping Trends
Open AdstreamAdvertisingTargeted Advertising
QuantcastAnalyticsUnderstanding Shopping Trends
TealiumSite UtilityTag Management to Load Third Party Plugins
User ReplayAnalyticsAbility to Review a Customers Website Session for Customer Service
AddThisSocial MediaConnect Customers with Social Media
TradeDeskAdvertisingTargeted Advertising
DrawBridgeAdvertisingTargeted Advertising
CFIDSite UtilitySite Session Information
CFTOKENSite UtilitySite Session Information
JSESSIONIDSite UtilitySite Session Information
betokenSite UtilityOrdering Information Flags
ectokenSite UtilityOrdering Information Flags
payeridSite UtilityOrdering Information Flags
UF-WidgetsSite UtilityHomepage Widget Information
CreditUserSite UtilityTrack User ID
MAINFOSite UtilityTrack User ID
UMAIDSite UtilityTrack User ID
IXALPIDSite UtilityTrack User ID
NALPIDSite UtilityTrack User ID
cartIDSite UtilityTrack User Cart ID
TALPIDSite UtilityTrack User ID