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	<title>Comments on: New Australian Consumer Law reforms put network marketers and MLM companies at risk</title>
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	<description>Explore FOURTH Generation™ Network Marketing (or MLM) principles and practices</description>
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		<title>By: John Counsel</title>
		<link>http://REALnetworkmarketing.com/2010/04/australian-consumer-reforms-network/comment-page-1/#comment-339</link>
		<dc:creator>John Counsel</dc:creator>
		<pubDate>Wed, 12 May 2010 20:03:01 +0000</pubDate>
		<guid isPermaLink="false">http://REALnetworkmarketing.com/?p=1061#comment-339</guid>
		<description>Hi Eric,

The problem is that individuals and distributor groups DO make illegal health claims, often through ignorance of laws and regulations. There are prosecutions occurring right now for exactly this reason — including the recent one against Monavie itself, despite the claims being specifically outlawed and disclaimed by the company. (The company managed to negotiate a reasonable settlement, but at what cost in bad publicity and legal costs?)

Re “personal purchase in order to become an affiliate”: it&#039;s entirely practical and really easy to establish. It&#039;s one reason why some companies — notably Amway — requires distributors to be able to &lt;em&gt;document&lt;/em&gt; that a minimum of 70% of any purchases from the company or upline are for resale. (But, like its 10 customer rule, these are typically &quot;honored in the breach&quot; by distributor organizations.)

If you breach these rules, even in a legitimate MLM business, you cross the line into illegal pyramid selling territory.

John</description>
		<content:encoded><![CDATA[<p>Hi Eric,</p>
<p>The problem is that individuals and distributor groups DO make illegal health claims, often through ignorance of laws and regulations. There are prosecutions occurring right now for exactly this reason — including the recent one against Monavie itself, despite the claims being specifically outlawed and disclaimed by the company. (The company managed to negotiate a reasonable settlement, but at what cost in bad publicity and legal costs?)</p>
<p>Re “personal purchase in order to become an affiliate”: it&#8217;s entirely practical and really easy to establish. It&#8217;s one reason why some companies — notably Amway — requires distributors to be able to <em>document</em> that a minimum of 70% of any purchases from the company or upline are for resale. (But, like its 10 customer rule, these are typically &#8220;honored in the breach&#8221; by distributor organizations.)</p>
<p>If you breach these rules, even in a legitimate MLM business, you cross the line into illegal pyramid selling territory.</p>
<p>John</p>
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		<title>By: youlesucceed</title>
		<link>http://REALnetworkmarketing.com/2010/04/australian-consumer-reforms-network/comment-page-1/#comment-338</link>
		<dc:creator>youlesucceed</dc:creator>
		<pubDate>Wed, 12 May 2010 13:23:27 +0000</pubDate>
		<guid isPermaLink="false">http://REALnetworkmarketing.com/?p=1061#comment-338</guid>
		<description>Hi John
   Don&#039;t have much of an issue with the regulations. Tale the view that the company looks after the legal issues and the claims etc which can be made - they do the negotiations with the TGA.  We gave up making health claims, quite a while ago. Promote Wellness and Quality-of-life.

  Interested in the item covering &quot;personal purchase in order to become an affiliate&quot;  is this in terms of just affiliate schemes or general for Network Marketing. Don&#039;t see how this is practical if there is in fact a deliverable. Or even an admin fee for setting up accounts, web sites whatever. After all it is clearly recognised there is a cost factor involved in starting any business.

   Also  - &quot;No more compulsory personal purchases before being eligible for commissions.&quot; Again reason would suggest the desirability of providing on-going evidence of activity to justify payment - not just holding a position. Some evidence of personal sales or purchases would be appropriate.

It seems these rules, as expressed are targeted more at Pyramid schemes, where there is no legitimate business or product/service delivered.

Eric</description>
		<content:encoded><![CDATA[<p>Hi John<br />
   Don&#8217;t have much of an issue with the regulations. Tale the view that the company looks after the legal issues and the claims etc which can be made &#8211; they do the negotiations with the TGA.  We gave up making health claims, quite a while ago. Promote Wellness and Quality-of-life.</p>
<p>  Interested in the item covering &#8220;personal purchase in order to become an affiliate&#8221;  is this in terms of just affiliate schemes or general for Network Marketing. Don&#8217;t see how this is practical if there is in fact a deliverable. Or even an admin fee for setting up accounts, web sites whatever. After all it is clearly recognised there is a cost factor involved in starting any business.</p>
<p>   Also  &#8211; &#8220;No more compulsory personal purchases before being eligible for commissions.&#8221; Again reason would suggest the desirability of providing on-going evidence of activity to justify payment &#8211; not just holding a position. Some evidence of personal sales or purchases would be appropriate.</p>
<p>It seems these rules, as expressed are targeted more at Pyramid schemes, where there is no legitimate business or product/service delivered.</p>
<p>Eric</p>
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