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| These Rules of Conduct define the rights, duties
and responsibilities of an Amway Distributor. While
the Rules primarily govern relationships between
Amway and Distributors, they also are applicable to
the relationships among Distributors. The Rules are
designed to promote harmony among Distributors and
to preserve the benefits available to all Distributors
under the Amway Sales and Marketing Plan. The
intent of the Rules is neither to suppress transactions
nor to place unreasonable restrictions on the freedom
of commercial activities, but to enable all Distributors
selling Amway products the ability to enjoy the Amway
Business Opportunity.
1. INTERPRETATION
1.1 | These Rules set out the terms and conditions of
your contract with Amway. Unless the context
otherwise requires, the following words and
phrases shall have the meanings set out below: |
| 1.1.1 | "Amway" means Amway Corporation,
Amway Taiwan Company Limited or the
term itself (including Chinese and other
languages) except where the context
otherwise requires. "Amway Taiwan" means
Amway Taiwan Company Limited. |
| 1.1.2 | "Amway Corporation" means the Amway
Corporation of 7575 East Fulton Road, Ada,
Michigan, USA. |
| 1.1.3 | "Amway Sales & Marketing Plan" means
the Amway bonus system, rewards and
awards, Sponsoring procedures and
Amway's guidelines, requirements,
systems, procedures and policies regarding
Distributors' presentation of Amway products
and the Amway business and the operation
of an Amway Distributorship, as set out
in the Amway Business Manual as may
be amended from time to time by Amway
Taiwan in accordance with actual needs. |
| 1.1.4 | "Distributor" means a contractor authorized
by Amway Taiwan for the sale of Amway
products and Amway-distributed products
and for the Sponsorship of applications for
appointment as Amway Distributors. The term includes an Amway Direct Distributor,
a Sponsor, and his/her successors and
assignees. |
| 1.1.5 | "Direct Distributor" means a Distributor who
has been recognized by Amway Taiwan
as such pursuant to the Amway Sales &
Marketing Plan. |
| 1.1.6 | "Line of Sponsorship" in the case of any one
Distributor means the Sponsorship chain
formed by the Distributor, his/her Sponsor,
and the Sponsor's Sponsor, and so forth, up
to and including Amway Taiwan. |
| 1.1.7 | "Personal Group" in respect of any one
Distributor means the Distributor in question,
all Distributors personally sponsored by him/
her, all Distributors personally sponsored
by such personally-sponsored Distributors,
and so forth downline from the Distributor in
question, to and including those Distributors
who have not themselves sponsored other
Distributors, but the term does not include
any Direct Distributors downline from
the Distributor in question nor any 21%
Distributors downline from any such Direct
Distributors. |
| 1.1.8 | "Sponsor" means a Distributor who
introduces to Amway Taiwan an applicant
for appointment as a Distributor, who in
turn becomes a Distributor by virtue of
Amway's acceptance of his/her Distributor
Application. |
| 1.1.9 | The concept of "Sponsorship" is that explained in the Amway Sales & Marketing Plan. "Distributorship" means
the qualification, position and rights of a
Distributor. |
| 1.1.10 | "Amway Products" means products, business
support materials or services manufactured,
supplied or provided by or on behalf of
Amway Corporation or Amway Taiwan and
which are made available by Amway to
Distributors for sale or use in accordance
with the Rules. |
| 1.1.11 | "Rules" or "Rules of Conduct" means these
Rules of Conduct for Distributors, as may
from time to time be altered or amended by
Amway Taiwan. |
| 1.1.12 | All terms used in these Rules, which are
defined or explained in the Amway Sales &
Marketing Plan, shall have the same meaning
as they have in the Amway Sales & Marketing
Plan. Without limiting the generality thereof,
such terms include "Business Volume"
(or "BV"), "Diamond Direct Distributor"
(or "Diamond"), "Emerald Direct Distributor" ,
"Foster Sponsor ", "Internationally
Sponsored Distributor", "Pearl Direct
Distributor", "Performance Bonus", "Point
Value" (or "PV"), "Ruby Direct Distributor",
"Gold Producer", "Silver Producer" and
"21% Sponsor". |
1.2 | The Amway Sales & Marketing Plan shall be
deemed to from part of these Rules. |
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2. AUTHORIZATION AS A DISTRIBUTOR
2.1 | To become a Distributor of Amway Products,
a person must be sponsored by a currently
authorized Distributor and must request
authorization to distribute Amway Products from
Amway by completing an "Application for Amway
Distributor Authorization" (SA88TW). If the
applicant is not a citizen of the Republic of China,
he/she shall present copies of his/her passport
and R.O.C. Resident Certificate, or relevant
documentations of established corporation or
business entity, and shall sign "NON-R.O.C.
Citizen Distributor Agreement & Proxy - Taiwan"
upon application. |
2.2 | The "Application for Amway Distributor
Authorization" (SA88TW) in the Amway Starter
Kit must be sent to Amway Taiwan immediately
after completion. |
2.3 | The opportunity to become a Distributor is
available to all persons regardless of their sex,
race, nationality, and political or religious beliefs. |
2.4 | Amway Taiwan reserves the right in its sole
and absolute discretion to accept or reject any
application for appointment as a Distributor,
without having to assign any reason for its
acceptance or rejection. |
2.5 | The authorization of a Distributor will be
effective only if and when the prospective
Distributor receives from Amway Taiwan his/her Amway identification number (also known
as Amway Distributor Authorization No.) and
Amway Distributor Card. |
2.6 | The only purchase requirement imposed on
a prospective Distributor is the purchase of
an unaltered and complete Amway Starter
Kit. No prospective or existing Distributor will
be required, and no existing Distributor may
require new or prospective Distributors to do the
following for any reason: |
| 2.6.1 | Purchase any specified amount of products
or Business Support Materials. |
| 2.6.2 | Maintain a specified minimum inventory or
Business Support Materials. |
| 2.6.3 | Purchase any non-Amway produced
products or services. |
| 2.6.4 | Purchase tickets to attend rallies, seminars,
or other meetings. |
| 2.6.5 | Sponsor a specific number of new
Distributors. |
| 2.6.6 | Subscribe to any non-Amway produced
business promotion items and/or programs. |
2.7 | A Distributor's authorization will expire at the end
of the 13th calendar month period counting from
and including the month of first authorization. A
Distributor shall renew the authorization annually
to maintain his/her Distributorship before the end
of the expiry month; otherwise, the authorization
will lapse at midnight of the last day of the
expiration month. |
2.8 | A Distributor may apply to renew his/her
authorization by sending to Amway Taiwan a
completed Notice of Intent to Continue Form and
the current renewal fee prior to the expiration of
authorization then current. |
2.9 | A former Distributor may apply for authorization as
a new Distributor, provided that the provisions in
Rule 4.9.1~ 4.9.5 and 4.12 are adhered to. |
2.10 | If a Distributor fails to file a completed Notice
of Intent to Continue Form together with the
current renewal fee by the due date, or if Amway
does not accept an application for renewal, his/
her authorization shall expire automatically in
accordance with Rule 2.7. |
2.11 | A Distributor may rescind or terminate his/her
Distributorship at any time by giving written
notice to his/her Sponsor, Direct Distributor and
Amway Taiwan and return Amway products
according to the Return policy. |
2.12 | Amway Taiwan reserves the right to reject any
renewal application. |
2.13 | Distributorship may be granted to individuals,
companies or unincorporated businesses. |
2.14 | A husband and wife shall be deemed to be
a partnership holding one Distributorship.
If two Distributors marry and neither is a
Direct Distributor, one Distributorship must be
terminated within 30 days after the marriage. If
either of the Distributors is a Direct Distributor,
each Distributorship may continue to be operated
separately in its original Line of Sponsorship. |
2.15 | Companies, unincorporated businesses, or
partnerships may become Distributors. In the
case of a company, the Distributorship is only
granted to the responsible person or jointly
with any one shareholder of that company. In
the case of a partnership or an unincorporated
business, the Distributorship will only be granted
to the responsible person of that partnership
or unincorporated business or jointly with
any individual partner. A Distributorship will
not be granted to any company, business, or
partnership. |
2.16 | Without limiting the generality of Amway's
discretions pursuant to Rule 2.12, to become a
Distributor or to renew his/her authorization as a
Distributor an applicant: |
| 2.16.1 | Must be at least 20 years of age.
The applicant shall obtain the prior
written consent of his/her statutory
agent and attach the consent with his/
her "Application for Amway Distributor
Authorization" (SA88TW), if he/she
reaches eighteen years of age but does
not reach twenty years of age; and must
reach twenty years of age to become a
Sponsor of other Distributors. |
| 2.16.2 | must not be incapable of managing his/
her affairs by reason of mental or other
condition; |
| 2.16.3 | must not be a bankrupt or a party to
any arrangement or composition with
his/her creditors or any of them or own
any property or assets the subject of
receivership or official management. |
| 2.16.4 | must not be suspended or disbarred
from practicing his/her usual trade or
profession by any trade or professional
association, institute or society. |
| 2.16.5 | must not be in prison or confined to any
other corrective institution. |
2.17 | A Distributor may own or have an ownership
interest in only one Distributorship except as
provided below: |
| 2.17.1 | where two Distributors marry and one
or both have attained Direct Distributor
qualification or above prior to marriage
pursuant to Rule 2.14. |
| 2.17.2 | where an existing Distributorship
purchases another Distributorship
pursuant to the provisions regarding sale
of Distributorship in Rule 5. |
| 2.17.3 | where a Distributor (transferor), in
order to facilitate the transfer of a
Distributorship in the event of his/her
or her death, requests the name of
another existing Distributor be added to
their Distributorship. The name of the
transferor(s) must continue to be on the
Distributorship until his or her death and
supporting estate planning documentation
must be provided to Amway. |
| 2.17.4 | where an existing Distributorship inherits
all or a portion of a Distributorship.
In the event a Distributor owns or has
an ownership interest in two or more
Distributorships pursuant to Rule 2.15, he/
she may operate such Distributorships
jointly under a single corporation,
unincorporated business or partnership
umbrella, but Amway Taiwan shall
continue to carry such Distributorships
and will only recognize them as separate,
individual Distributorships for both award
and bonus purposes. |
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| 3. RESPONSIBILITIES OF DISTRIBUTORS
3.1 | Distributors will at all times fully and promptly
comply with the Rules of Conduct, the
Amway Sales & Marketing Plan, and all other
guidelines, requirements, systems, procedures,
measures and amendments thereof set out in
the Amway Business Manual and the Amway
Policies and Regulations. Amway Taiwan may
in its discretion alter or amend the Amway
Business Manual and the Amway Policies and
Regulations at any time deemed necessary
and the amendments will be announced in the
AMAGRAM magazine or via any other means
of communication. |
3.2 | A Distributor must order directly from Amway
Taiwan or his/her Sponsor or his/her upline
Distributor up to his/her Direct Distributor
at the current Distributor price of all Amway
products and business support materials.
Direct Distributors must order directly from
Amway Taiwan. For the purpose of maintaining
the integrity of the Line of Sponsorship and
Sponsor's interests for each Distributor, a
Distributor shall not conduct cross-group
ordering or supplying products to other
Distributors. A Distributor shall not place order
in the name of his/her downline Distributor for
tax planning or other purposes. |
3.3 | For the purposes of maintaining the direct
selling principle of Amway products and of
ensuring consumers' full understanding of the
accurate use of Amway products, Distributors
shall not: |
| 3.3.1 | supply or display Amway products or
business support materials or Amway-distributed products in retail locations,
such as shops, markets, internet,
including fairs and other similar events; |
| 3.3.2 | supply Amway products or business
support materials or Amway-distributed
products to persons who wish to acquire
such items for the purpose of resale. |
3.4 | Distributors shall deliver to each customer at the
time of sale a properly completed "Customer
Delivery Record" (SA0107TW), including the
customer's full name, address, telephone number, products purchased, purchase price
and date plus the Distributor's name, address,
and telephone number. |
3.5 | Distributors shall be prohibited from and shall be
liable for, and shall compensate Amway Taiwan
the damages and incurred costs arising from the
following: |
| 3.5.1 | Make any exaggerated or unwarranted
claims about Amway products or
Amway-distributed products; |
| 3.5.2 | In any way misrepresent the price,
standard, quality, grade, composition,
style or model, place of origin, or
availability of Amway products or
Amway-distributed products. |
| 3.5.3 | Represent that Amway products or
Amway-distributed products have
Sponsorship, approval, performance
characteristics, accessories, uses or
benefits they do not have; |
| 3.5.4 | In any way act so as to represent Amway
or its products or Amway-distributed
products in a false or misleading
manner; |
| 3.5.5 | Promote any non-Amway products
or services as Amway products or
services. |
3.6 | A Distributor shall explain the directions for use
and caution specified on product labels during
the demonstration of those products. |
3.7 | Distributors will immediately communicate all
significant consumer complaints to Amway
Taiwan and furnish copies of all correspondence
and details of all conversations relating thereto. |
3.8 | Whenever a customer requests that the
Satisfaction Guarantee be honored, the
Distributor shall inquire as to the circumstances
giving rise to the request and offer that customer
to choose a full refund of the purchase price,
exchange for a like product, or full credit for
exchange with another item. |
3.9 | Distributors are not authorized to make any
offer of settlement or to otherwise bind Amway
Taiwan in connection with claims arising from
the use or misuse of Amway products other
than in accordance with the terms of the Amway
Satisfaction Guarantee. |
3.10 | Distributors shall comply with all laws,
regulations and codes of practice(including
Fair Trade Law, Supervisory Regulations
Governing Multi-level Sales and Consumer
Protection Law)applying to the operation of
their Distributorships in Taiwan and shall not
engage in any fraudulent or illegal transaction,
or participate in any activity which may harm
their or Amway's reputation. |
3.11 | No Distributor shall do any of the following acts.
Otherwise he/she shall compensate Amway
Taiwan in respect of any cost or damages
arising from any such misrepresentation: |
| 3.11.1 | Represent or hold himself/herself out in
any way as an employee or a partner of
Amway Taiwan. |
| 3.11.2 | Represent or hold himself/herself out in
any way as a business agent, commercial
agent, sales representative, broker,
assignee, mandatory or manager or other
agent of Amway Taiwan. |
3.12 | A Distributor may sell merchandise or services
other than Amway products or business support
materials, however, except otherwise preapproved
by Amway Taiwan in writing, he/
she must not sell, promote, or introduce such
merchandise or service to any Distributors
whom he/she does not personally sponsor,
nor may he/she solicit any Amway Distributors
whom he/she does not personally sponsor to
sell, promote, or introduce such merchandise
or services. In the event a Distributor's spouse
has not been registered as a Distributor under
the same distributorship, the aforementioned
prohibited acts made by the spouse shall be
deemed as those by the Distributor. The term
"solicit" shall mean persuading or attempting
to persuade another Distributor by whatever
means and whether or not for gain, benefit or
any other consideration, to sell or attempt to sell
such products, business support materials or
services.
If such products or services have been widely
circulated in the Distributor's or other Lines of
Sponsorship, such circulation shall be deemed as a violation of the rule in the previous
paragraph regarding the sales, promotion, or
introduction to any Amway Distributors whom
he/she does not personally sponsor. |
3.13 | As means for Amway Taiwan to manage its
products, and to ensure its compliance to local
laws and regulations governing product labeling,
commercial product inspection, trademark, and
safety/sanitation issues, no Distributor may
import or sell Amway products which are not
from Amway Taiwan nor may any Distributor
export or knowingly sell to others who export
Amway products from Amway Taiwan. |
3.14 | The meetings or activities of Distributors shall
be exclusively for the purposes of promoting or
selling Amway Products but not for the purposes
of making profits or attaining other goals other
than from the Amway Sales and Marketing Plan. |
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| 4. SPONSORSHIP
4.1 | A Distributor has the right to sponsor others to
become Distributors, but he/she shall do the
following: |
| 4.1.1 | When sponsoring another to become
an Amway Distributor, a Distributor
shall honestly explain the Amway
Business Manual, and provide the
following information before requesting
the prospective Distributor to sign the
"Application for Amway Distributor
Authorization" (SA88TW) without any
false or misleading representation:
(a) | Capital of Amway Taiwan (NT$250
million); |
(b) | Amway Sales & Marketing Plan; |
(c) | Rules of Conduct; |
(d) | Distributor's obligations and
responsibilities; |
(e) | Awards and Bonuses; |
(f) | The variety, price, feature, quality
and use of Amway products; |
(g) | Amway Satisfaction Guarantee; |
(h) | Distributor's resignation and Product
Return policy; |
(i) | Other matters as may be designated
by the Fair Trade Commission. |
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| 4.1.2 | Regularly train and motivate his/her
personally-sponsored Distributors in
accordance with the guidelines and
requirements set out in the Amway
Business Manual, Amagram, or otherwise
as required or directed by Amway from
time to time; |
| 4.1.3 | Maintain adequate stocks of products
and business support materials for the
Distributors in his/her Personal Group
or alternatively, ensure that each such
Distributor understands the relevant
Amway procedures to enable such
Distributor to order adequate stocks of
Amway products and business support
materials directly from an Amway Taiwan. |
| 4.1.4 | (Deleted) |
| 4.1.5 | When his/her personally-sponsored
Distributors resign their Distributorships,
assist the resigning Distributors to handle
the return of products. |
| 4.1.6 | Use his/her best endeavors to supervise
and to ensure that each of his/her
personally-sponsored Distributors fully
and promptly complies with all of his/her
obligations expressed or implied in these
Rules and the procedures specified in
Rule 3.1. |
| 4.1.7 | Encourage his/her personally-sponsored
Distributors to attend Amway meetings
and other Amway activities. |
| 4.1.8 | Encourage his/her personally-sponsored
Distributors to study and use the official
Amway publications, and prudently
manage their Distributorships according to
the information in such official publications. |
4.2 | If a Sponsor fails to comply with Rule 4.1, he/
she may make arrangements with his/her Direct
Distributor to act in his/her stead. A Sponsor
who does not meet his/her responsibilities
personally or by alternative methods once upon
the upline Direct Distributor notifies Amway
Taiwan, will be ceased to be a qualified Sponsor
and the Sponsorship of the Sponsor shall pass to the first upline Distributor in his/her Line of
Sponsorship. |
4.3 | A Direct Distributor, other than complying with
Rule 4.1, shall: |
| 4.3.1 | Conduct periodic meetings to train and
motivate the Distributors who are in his/
her Personal Group; if the Distributors
within his/her Personal Group are
residing in different regions, he/she shall
assist local Distributors to hold such
meetings or to participate other activities. |
| 4.3.2 | Convey important messages announced
by Amway Taiwan to all Distributors in his/
her Personal Group, including the time,
venue of meeting, product information,
retail training and other matters
necessary to assist such Distributors; |
| 4.3.3 | (Deleted) |
4.4 | To qualify for a Performance Bonus on the
products obtained by him/her during a given
month, a Distributor must make sales to ten
different retail customers each month. |
4.5 | A Distributor must sell at least 70% of the
total products he/she ordered in a given
month to his/her sponsored Distributors and
retail customers in order to enjoy the following
benefits: |
| 4.5.1 | Receive a Performance Bonus for that
month calculated on all products ordered,
and |
| 4.5.2 | Qualify and be recognized as a Silver
Producer or Direct Distributor by Amway
Taiwan. |
4.6 | No Distributor shall manipulate the Amway
Sales and Marketing Plan or manipulate sales
volume in any way which results in the payment
of bonuses or other awards and recognition, or
otherwise. |
| 4.6.1 | "Stacking" is an unacceptable business
building practice. It is defined as the
practice of an upline Distributor placing
new Distributors in depth, regardless of
whether there are relationships between
those who are sponsored and those who
sponsor. The strategic and artificial structuring
of an Amway organization for the
purpose of depth building by using the
concept of "stacking" is considered to
be manipulation and an unacceptable
business practice. Stacking is a
violation of these Rules. Amway
in its sole discretion will determine
what constitutes manipulation and/or
stacking. |
4.7 | If a Distributor fails to comply with Rule 4.5,
his/her Sponsor will pay him a Performance
Bonus calculated on the value of products
actually supplied to customers and/or
delivered to his/her downline Distributors,
instead of the value of products ordered. |
4.8 | In order to avoid adverse impact on the
harmonic development of the Line of
Sponsorship and damages on the Sponsorship
rights of his/her upline Distributors, a
Distributor shall in no circumstances directly or indirectly and whether on his/her own behalf or
in conjunction with or by way of assisting any
other person, solicit, interfere with or endeavor
to entice another Distributor to break away
from his/her Line of Sponsorship or to change
his/her Line of Sponsorship. |
4.9 | |
| 4.9.1 | A former Distributor (spouse
included) who voluntarily terminate
(by resignation or failure to renew)
his/her Distributorship under his/her
present Sponsor needs to be inactive
for a period of six or more consecutive
months before he/she can reapply
to become a new Distributor under a
new Sponsor. The Former Distributors
may not apply to become active in an
already existing Distributorship during
the six-month inactive period.
(a) | To apply for a new Distributorship
under this inactivity rule, the Distributor
must complete a new "Application
for Amway Distributor Authorization"
(SA88TW). The application should
then be sent to Amway Taiwan
accompanied by a written statement
of inactivity. When Amway receives
the application accompanied by
the written statement of inactivity, it
notifies the Direct Distributor in the
original Line of Sponsorship and
grants him/her 15 days to file an
objection to the inactivity claim. If
evidence of activity during the sixmonth
period is provided, Amway
will refuse to honor the application
and will return it to the applicant. If
the Direct Distributor does not reply
within 15 days, or if he/she verifies
that the Distributor has in fact been
inactive for six months, then the new
application will be accepted and
processed. The right of a Distributor
to contest the Sponsorship of
a former Distributor who is now
sponsored under a different Sponsor
ceases when two years have elapsed
since the date Amway accepted the
application.
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(b) | "Inactivity" for purposes of this
Rule shall mean that during the
period of inactivity, the Distributor shall have been completely inactive, which means that he/she
has not purchased Amway products
as a Distributor for personal use
(although he/she may do so as
a consumer), has not sold any
Amway products except pursuant
to the "buy-back" policy, has not
engaged in any phase of a product
sale/purchase (e.g., taking an order,
making a delivery, or accepting a
payment), has not presented the
Amway Sales and Marketing Plan
to any prospective Distributors, has
not renewed his/her Distributorship, and has not attended any
recruiting, training, or motivational
meeting conducted by any Amway
Distributor or any Amway companysponsored
meetings. During the inactive period, the former
Distributor must not participate in
any Amway activity under another
Distributorship in the name of his/
her parents, sibling, or others;
otherwise he/she shall not be
determined as "inactive" for the
purposes of this Rule. |
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| 4.9.2 | A Distributor who transfers to, or who,
following six months of inactivity,
applies for Distributorship under a
different Sponsor pursuant to the
provisions of this Rule, may not
be sponsored by anyone who was
previously above him/her in his/
her original Line of Sponsorship up
to and including the first qualified
Direct Distributor, or below him/her
in his/her original Personal Group
down to and including the first Direct
Distributor and who has since been
transferred to or re-sponsored by
a different Sponsor, unless two years have elapseds since the
termination of his/her Distributorship.
A Distributor who transfers to, or who, following six months of inactivity,
applies for Sponsorship under a
different Sponsor pursuant to the
provisions of this Rule, shall have
no right to sponsor in his/her new
Personal Group any Distributor who
was previously above him/her in his/
her original Line of Sponsorship up to
and including the first qualified Direct
Distributor, or below him/her in his/
her original Personal Group down to
and including the first qualified Direct
Distributor. However, a Distributor
who has been inactive for a period
of two years may be sponsored by
any Sponsor, including his/her former
Sponsor who may have since been
transferred to or re-sponsored by a
different Sponsor. |
| 4.9.3 | A Distributor's continuing business
activity in one country will not affect
his/her eligibility to reapply after six
months of inactivity as a Distributor
in any other country in which Amway
does business. |
| 4.9.4 | A formerly internationally sponsored Distributor may reapply fora
Distributorship in any Line of Sponsorship
pursuant to Rule 4.9.1, 4.9.2 and 4.9.3
and subject to the following conditions:
(a) | At the time of application, the
former Distributor must specify
whether or not he/she wishes to be
internationally and foster sponsored
again, and |
(b) | A former Distributor may not be
personally sponsored by a Sponsor
who was previously above him
in his/her original Line of foster
Sponsorship up to and including
the first qualified Direct Distributor,
or below him/her in his/her original
Personal Group down to and
including the first qualified Direct
Distributor unless two or more years
have elapsed since the termination
of his/her Distributorship. |
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| 4.9.5 | If any of the provisions of Rule 4.9.1,
4.9.2, 4.9.3 and 4.9.4 is violated, Amway
may take corrective actions, which may
include but is not limited to transfer the
Distributorship of the Distributor at fault
and his/her Personal Group and the
Business Volume generated during the
period of violation to the original Line of
Sponsorship. |
4.10 | Transfer of Distributors from one Sponsor to
another are only granted at the sole discretion of
Amway Taiwan. |
4.11 | Without limiting or restricting in any way Amway's
powers and discretion under the above:
Any Distributor (including a Direct Distributor)
who wants to change Sponsor must submit a
written request to Amway Taiwan accompanied
by (1) a written release signed by all the
Distributors in his/her Line of Sponsorship
up to and including the first qualified Direct
Distributor, and (2) a written acceptance from
the new Sponsor and Direct Distributor. Amway
will also contact any international Sponsor and
international leadership bonus recipients and will
allow 30 days for comment. |
4.12 | Without limiting or restricting in any way Amway's
powers and discretion under the above: |
| 4.12.1 | A Distributor who wishes to transfer to a
different Sponsor with all or part of his/
her Personal Group must submit a written
request to Amway Taiwan accompanies
by a written consent from all Distributors
in his/her Line of Sponsorship up to
and including the first qualified Direct
Distributor and all Direct Distributors
up to and including the first qualified
Emerald Direct Distributor. If the first
qualified Direct Distributor is a qualified
Emerald Direct Distributor, written
consent must be received from the
next qualified upline Direct Distributor
in the Emerald Direct Distributor's
Line of Sponsorship as there could
be an effect on Pearl Bonus. Amway
Taiwan will then notify the first qualified
upline Diamond Direct Distributor
and allow fifteen days for comment. |
| 4.12.2 | The transfer request must accompany
by a written consent of all those
Distributors who want to follow
their Sponsor, as well as a written
acceptance of the transfer, signed by
the new Sponsor and Direct Distributor
to whom the requester wants to be
transferred. Amway will also contact any
international Sponsor and international
leadership bonus recipients and will
allow 30 days for comment. |
| 4.12.3 | No Distributorship currently recognized
by Amway as a group leader (i.e.,
Silver Producers, Gold Producers,
or a Direct Distributor, etc.) can be
transferred under this Rule. A former
Direct Distributor or Group Leader may
be transferred if more than two (2) full
years have elapsed since the last fiscal
year in which the Distributorship was
recognized as such, provided there has
been compliance with the procedures
outlined above. |
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| 5. SALE OF DISTRIBUTORSHIPS
5.1 | A Distributorship may be assigned by sale or
transferred by will, provided that the assignee or
beneficiary is or applies to become a Distributor
in accordance with the Rules and in particular
Rule 2.1, 2.4, 2.5 and 2.11. |
5.2 | Before selling or transferring by will a
Distributorship, the relevant terms and
conditions (except price) and the information
of proposed assignee or transferee must
be submitted in writing to Amway Taiwan
for approval. Amway Taiwan may refuse
such approval if it considers, in its absolute
discretion, that the proposed sale or transfer
does or will result in a breach of the Rules. |
5.3 | A Distributors who owns and operates a
Distributorship (whether or not qualified as
a Direct Distributorship) may sell his/her
ownership interest in such Distributorship. |
| 5.3.1 | Before selling a Distributorship of
the Amway business, the terms and
conditions (except the price) must be
submitted in written to Amway Taiwan
for approval. |
| 5.3.2 | "A Distributor's business can only be sold
to another Distributor. The purchased
business shall remain separate from the
buyer's other Amway business and the
Line of Sponsorship shall not be altered in
any way as a result of the sale. |
| 5.3.3 | If a Distributor wishes to sell his/her
Amway business, he/she must offer it to
another Distributor in the following order
of priority:
(a) | If the business is internationally
sponsored, it must be offered to
the International Sponsor, who
throughout the negotiations to sell
the Distributorship retains the right to
acquire same by matching the price
and conditions of any bona fide offer
received by and deemed acceptable
to the seller. |
(b) | If the International Sponsor does
not accept the offer of purchase, the
business must be offered to the local
Foster Sponsor of the Distributor. |
(c) | If no International Sponsor exists,
the business must be offered to the
local Sponsor, who throughout the
negotiations to sell the Distributorship
retains the right to acquire same by
matching the price and conditions of
any bona fide offer received by and
deemed acceptable to the seller. |
(d) | In the case where the local Sponsor does not accept the offer,
the business must be offered
simultaneously for sale to all
Distributors personally sponsored by
the owner. |
(e) | In the case where none of the
Distributors personally sponsored
by the Distributor accept the offer,
the business must be offered simultaneously to all
Direct
Distributors located above or below
in the Line of Sponsorship. |
(f) | If the Direct Distributors above or
below in the Line of Sponsorship of
the Distributor concerned also reject
the purchase offer, or fail to respond
to the offer, the Distributor may offer
the business to all qualified Emerald
Direct Distributors at that time in
Taiwan. |
|
| 5.3.4 | No sale shall be final and no change
of title of the business shall be made
final until approved in writing by Amway
Taiwan. |
| 5.3.5 | If the Distributor wishes to sell the
business under terms and conditions
different from those of his/her first offer,
the business must be once again offered
for sale under the revised terms and
conditions in accordance with the order
of Rule 5.3 indicated above. (Note:
change of price may be presented during
the negotiation) |
| 5.3.6 | Monthly Performance Bonuses accruing
to the business after the date of sale
will be paid to the new owners. Annual
Bonuses (such as Emerald and Diamond
Bonuses) shall be paid as specified in the
Sales Agreement as authorized by Amway
Taiwan. All awards previously awarded
to the business will not be transferred to
the new owners. Qualification for awards
for the business will be determined only
by sales achievement occurring after the
date of sale. |
5.4 | A selling Distributor shall sell his/her
Distributorship to the first Distributor to accept
an offer made in accordance with Rule 5.3. |
5.5 | Distributorships shall not be merged or
combined without the prior written approval of
Amway Taiwan, which may be given or withheld
in Amway's absolute discretion. Amway Taiwan
may attach conditions on the approval of merger
or combination of Distributorships. |
5.6 | In the event that a Distributor acquires another
Distributorship, the Distributor shall not transfer
Business Volumes between the businesses
operated by him/her other than strictly in
accordance with the Amway Sales & Marketing Plan. |
5.7 | In no event may an Amway Distributorship be
divided up or partially assigned other than in the
circumstances set out in Rule 9. |
5.8 | In the event that a Distributor is a partnership
and a dispute or disagreement (matrimonial or
otherwise) arises between the partners such
that in Amway's opinion the Distributorship is
not being properly operated, then: |
| 5.8.1 | The Distributorship may with the prior
approval from Amway (which, if given,
may be subject to such conditions
and provisions as Amway may attach)
be operated during the period of the
dispute or such other period as Amway
may approve or specify, by one of
the partners or by a manager jointly
appointed by the partners for the
purpose. |
| 5.8.2 | If within Ten (10) days after the dispute
comes to Amway's notice the partners
cannot agree on which partner or on the
appointment of a manager to operate
the Distributorship during such period,
then Amway may instead of terminating
the Distributorship, appoint a manager
on such terms and conditions as Amway
considers appropriate, to operate the
Distributorship. Without limiting the
breadth of Amway's discretion in respect
of the terms and conditions upon which
a manager may be so appointed, the
manager shall, if Amway considers it
appropriate, be entitled to all, or such
part as Amway specifies, of the bonuses
and privileges accruing in respect of
the Distributorship during the period of
management. |
| 5.8.3 | During such period, none of the
partners may operate or participate
in the operation of any other Amway
Distributorship and if, and to the extent,
directed by Amway Taiwan, the partners
or the partner specified by Amway
Taiwan shall not attend any Amway
meeting. |
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| 6. PRESENTATION OF AMWAY SALES &
MARKETING PLAN
6.1 | When inviting others to an event to learn
about the Amway business, a Distributor shall
emphasize that the event is merely an occasion
to learn about a business opportunity. Without
limiting the foregoing, a Distributor may not
invite others in the following ways that: |
| 6.1.1 | gives the erroneous impression that it
relates to an employment opportunity; |
| 6.1.2 | appears to be an invitation to a social
event; |
| 6.1.3 | falsely claims to be a "market survey,”or |
| 6.1.4 | promotes the event as a tax seminar,
finance seminar, investment seminar or a
similar event. |
6.2 | A Distributor shall not issue an invitation to learn
about the Amway business, or do any other
act, matter or thing which is likely to mislead or
deceive prospective Distributors, customers or
any other persons into believing that: |
| 6.2.1 | The Amway business opportunity is an
agency or business relationship with a
person, company or organization other
than Amway; |
| 6.2.2 | Amway products are marketed by a
person, company or organization other
than Amway; |
| 6.2.3 | The Amway business or Amway
Distributors or Amway products are, or are
part of, or are ancillary to, any business
other than the business of Amway. |
6.3 | A Distributor may not deny, if asked, that the
presentation of the Amway business is about the
Amway Sales & Marketing Plan. When making
a detailed explanation of the Amway business
during the presentation, a Distributor shall
correctly describe the legal relationship and the
rights and obligations between Amway and its
Distributors. |
6.4 | Presentation of the Amway business shall be
made in accordance with Rule 3.1 and Rule
4.1.1, and other relevant rules as well as the
following provisions: |
| 6.4.1 | Distributors shall follow the Amway Sales
& Marketing Plan when presenting the
Amway business; |
| 6.4.2 | Distributors shall explain correctly the
features of the Amway business and the
business relationship between Amway
and Distributors as set out in the Amway
Sales & Marketing Plan; |
| 6.4.3 | Distributors shall correctly describe
the legal relationship between Amway
and its Distributors as described in the
Amway Business Manual and official
Amway literature; |
| 6.4.4 | Distributors shall not represent that
Distributors can benefit solely or
principally by sponsoring others to be
Distributors or having chance to order
Amway products at Distributor price
for their personal use, or a successful
Distributorship can be built in the form of
a "wholesale buying club". |
| 6.4.5 | Distributors shall state that Distributors
are under no obligation to sponsor others
to be Distributors; |
| 6.4.6 | Distributors shall not promote the
enjoyment of tax benefits as a reason for
becoming a Distributor; |
| 6.4.7 | Distributors shall not state that the
Amway business is a "get-rich-quick"
opportunity in which it is easy to achieve
success with little or no expenditure of
effort or time; |
| 6.4.8 | Distributors shall state that income or
bonuses will only be realized through
continued sales of Amway products
and provision of personal services to
consumers and maintenance of certain
qualifications; |
| 6.4.9 | Distributors shall only represent the
past, present or future profits or earnings
of Distributorship only in the following
manner:
(a) | may use specific income amounts
in hypothetical illustrations or
examples set out in the Amway Business Manual or other Amway-produced
literature, and provided
that the amounts are stated to be
only hypothetical; or |
(b) | may use those earnings and/or
bonus representations based on
their own personal experiences;
if the name, retail profits and/or
bonuses of other Distributors are
disclosed, Distributors must obtain
the prior consent of the Distributor
concerned. |
|
| 6.4.10 | Distributors shall only cite examples
of success (e.g. travel, automobiles,
homes, contributions to charitable
causes) if they know such benefits
were obtained as the result of earning
bonuses from the sale of Amway
products and Amway-distributed
products. |
6.5 | No Distributor shall represent that Amway grants
its Distributors exclusive territories. |
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| 7. USE OF THE AMWAY TRADE NAME,
TRADEMARKS, AND BUSINESS
SUPPORT MATERIALS / EVENTS
POLICY
7.1 | Distributors shall acknowledge that all Amway
trademarks and service marks are owned
and registered by Amway Corporation which
constitutes trademarks or service marks
user under the Trademark Law. Use of such
trademarks or service marks in any manner
without a proper authorization from Amway
Corporation is a violation of the Trademark
Law. |
7.2 | As means for Amway Taiwan to manage its
products, and to ensure its compliance to local
laws and regulations governing product labeling,
commercial product inspection, trademark, and
safety/sanitation issues, no Distributor may
produce or procure from any source other than
Amway any item upon which the Amway name
or logo or any of its trade names or trademarks
is imprinted. |
7.3 | Distributors shall not display the Amway trade
name on his/her business vehicle without
Amway's prior written approval, unless the
display material is produced by Amway. |
7.4 | No Distributor may place classified or other
sponsoring advertisements in any media using
the Amway trade name, NUTRILITE, ARTISTRY,
eSpring or any other Amway brand and product
name. |
7.5 | In order to avoid violating the Trademark
Law and other relevant laws and to reduce
environmental pollutions, Distributors may never
use Amway opportunity or Amway product
related advertisements; telephone canvassing
campaigns, letterbox drops, mass mailings
or similar promotions to promote their Amway
businesses. |
7.6 | For the purposes of maintaining the direct selling
principle of Amway products and of ensuring
consumers' full understanding of the accurate
use of Amway products, no Distributors shall
display the Amway name on the exterior of their
business premises. Violation of Rule 7.2 by
unauthorized manufacturing products bearing
Amway name shall constitute as a violation
of the Fair Trade Law and as a trademark
infringement under the Trademark Law, and
violating Distributors shall be responsible for
the associated civil, criminal and administrative
sanctions. |
7.7 | In their use of trademarks of Amway, in addition
to complying with Rule 7.1, Distributors shall:
7.7.1 | always indicate that Amway Corporation
is the proprietor of the trademarks; |
7.7.2 | not represent in any way that they own
the trademarks or are entitled to use the
trademarks as an Amway Distributor; |
7.7.3 | only use registered trademarks as
registered and shall provide Amway
Taiwan with samples of all proposed uses
of the trademarks; |
7.7.4 | Comply with rules or directives made or
issued by Amway from time to time as to
the proper use of the trademarks. |
|
7.8 | Distributors shall not use the word "Amway"
as part of any corporate or business name or
permit or allow any other person or corporation
to do so. |
7.9 | All Amway Corporation and Amway Taiwan
printed materials are protected by international,
U.S., and Taiwan copyrights and may not be
reproduced or reprinted in whole or in part by
Distributors or other persons without the written
permission of Amway Taiwan. |
7.10 | Distributors may use official Amway literature
only for the purpose of carrying out their
functions as Distributors. |
7.11 | Articles from the Amway official literature may
be reprinted by Distributors in newsletters which
they publish for their Personal Group provided
that each article is reproduced completely and
correctly and is immediately followed by the
statement "Reprinted with permission of Amway
Taiwan.” |
7.12 | For the purposes of protecting Amway
Distributors and business, compliance with
Supervisory Regulations Governing Multi-
Level Sales and any other applicable laws,
and avoiding any adverse effect on consumer
rights and any conduct which may damage
Amway's reputation any matter involving
distributor's Business Support Materials (BSM)
or Events shall comply with the Amway Taiwan
BSM / Events Policy, the Rules of Conduct,
and the BSM / Events Management Rules (
"Management Rules").
Hereunder Business Support Materials (BSM)
shall mean those products and services
which are intended to support and assist the
marketing and sale of the Amway Sales and
Marketing Plan, products, the Amway Business
Opportunity, or prospecting thereof, including,
but not limited to, those listed below:
(a) | Printed materials (books, magazines,
catalogues, news letters or any other
printed materials) |
(b) | Any form of video and audio materials
(tapes, video-cassettes, DVD, VCD, CD) |
(c) | Internet websites (Blog, web pages)
|
|
| The term "Events" shall mean any and all
meetings which are intended to support and
assist the marketing and sale of the Amway
Sales and Marketing Plan, products, the Amway
Business Opportunity or prospecting thereof,
including any meeting, rally, seminar, or any
other form of gatherings and campaigns held for
the purpose of motivation or training.
7.12.1 | Prior to the production, sale, or
distribution of the BSM to others, the
Distributor shall submit the contents,
sample, and sale price of such BSM
for Amway Taiwan's review and written
approval, except that the items of
such BSMs have complied with the
Management Rules. |
7.12.2 | The contents of BSM and Events
shall be fair and truthful, and shall
comply with Amway Rules of Conduct,
Management Rules, and all relevant
laws of the ROC. Without prior written
permission of Amway, neither prediction
of possible income or future financial
gain from becoming an Amway
Distributor, nor any matter involving the
Amway Sales and Marketing Plan or
Amway product usages, features, and
claims may be contained in the BSM.
Amway has the authority to review any
BSM produced, sold, or distributed by
any Distributor and the contents and
speech of events at any Distributor
event and to recommend any change
thereof. However, a Distributor shall
be solely responsible for the legality
of his/her BSM and Events. If Amway
discovers that the contents or the
conducts violate the laws, the Rules of
Conduct, or the spirit thereof, Amway
may make necessary dispositions
pursuant to Rule 7.14. |
7.12.3 | A Distributor may only supply non-
Amway BSM, or hold Events in
accordance with Rule 3.12 in this
Rules of Conduct, and all purchases
and sales of such BSM shall be strictly
voluntary. Bundling of BSM / Events
with Amway products or with products / services provided by the Distributor
or any other third party is strictly
prohibited.
|
7.12.4 | When selling BSM, a Distributor shall
provide a written buy-back statement,
which allows the purchaser, within 3
months after the purchase, to return
the BSM with no question asked and to
receive a full refund; when a purchaser
of an Event ticket cancels his/her
participation or asks for a refund before
the Event is conducted, the refund
must be completed within 30 days after
the Event (a reasonable cost occurred
may be deducted).
|
7.12.5 | All such BSM shall display the date of
recording or publication, and a remark
of prohibiting reproduction.
|
7.12.6 | No Distributor may receive any
compensation, reward, or benefits from
BSM produced or Events held by the
Distributor or other third parties.
|
7.12.7 | Distributors may sell BSM and
Event tickets only at cost and the
pricing must be clearly and publicly
stated. Amway has the authority to
specify the prices for certain BSM
and Event tickets/attendance that
are subject to prior notification and
review procedure according to the
fluctuation of price indices in the
Management Rules for the Distributors
to follow. If a Distributor's promotion
and selling prices for BSM and Event
tickets/attendance exceed Amway's
specification of the prices that are
subject to notification and review
procedure, the Distributor shall notify
Amway in writing, and obtain prior
written permission from Amway before
promoting or selling.
|
7.12.8 | When a Distributor plans to hold Events
by himself/herself or by any outsourced
party, if the selling prices exceed
Amway's specification of the prices in
Rule 7.12.7, that Distributor shall notify
Amway about such Events and get
prior written permission at least three
weeks prior to the promotion or sales of
Events; however, such notification and
permission does not mean that Amway
approves the contents of the Events.
|
7.12.9 | No Distributor or third party may use
Amway's corporation name, brand
names, trademarks, or service marks
on any Event or BSM without Amway's
prior written permission.
|
7.12.10 | The content of any speech, scheme,
or promotion, or the BSM used in a
Distributor Event shall comply with
the rules regarding presentation of
the Amway Sales and Marketing Plan
in Rule 6.4, and may not involve any
discussion of religions, politics, and
business opportunities not related to
the Amway business, and may not
contain any statement which may harm
other individuals or system/Lines of
Sponsorship.
|
7.12.11 | No Distributor shall require other
Distributors or prospects to pay a
fee obviously incommensurate with
the costs in the names of holding an
Event or other similar activities, or to
profit therefrom. The above rule is also
applicable to Distributors' sales of BSM.
A summary of account substantiating
no profit was earned must be submitted
to Amway Taiwan upon request.
|
7.12.12 | Distributors may promote and sell
BSM/Events made by himself/herself or
third parties, only if such BSM/Events
comply with the BSM / Events Policy,
the Rules of Conduct, the Management
Rules, that includes any BSM/
Events which have no specification of
prices that are subject to notification
and review procedure listed in the
Management Rules.
|
7.12.13 | Amway may, from time to time, make
any rule relevant to the BSM/Events
(including but not limited to the BSM/
Events Management Rules) for
Distributors to comply with.
|
|
7.13 | No Distributor may record speeches or
presentations made at Amway-sponsored
meetings. |
7.14 | If distributor-produced Business Support
Materials or Events have violated the laws
or this Rules of Conduct, or Amway Taiwan
determines that such Materials or Events violate
or are against the law, the spirit and intent
of the Rules of Conduct, Amway Sales and
Marketing Plan, or give rise to claims of others
against Amway Corporation or Amway Taiwan,
or are potentially detrimental to the businesses
of Amway Corporation or Amway Taiwan
causing losses in the sales revenue or in the
reputation of Amway Corporation or Amway
Taiwan, such Distributor shall immediately
cease producing, selling, or distributing his/
her Business Support Materials and Events
upon Amway Taiwan's request. Amway
Taiwan may adopt all necessary dispositions,
including, but not limited to, probation (including
suspension of that Distributor's right of
ordering, right of sponsoring, payment of all
bonus, rewards, recognitions, or cancellation
of invitation of attending oversea Leadership
seminar or Diamond meeting, or suspension
or cancellation of other rights or rewards.)
or termination of distributorship. A violating
distributor shall be liable for the damages and
the costs of Amway Corporation or Amway
Taiwan caused by such violation. |
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| 8. NEW MARKET AND ZERO
TOLERANCE POLICY
8.1 | No Distributor shall begin to operate in a new
market not yet opened by Amway; as such
behavior gives erroneous impression that
Amway is doing business in a market prior to the
authorization by the local government. |
8.2 | A Distributor who operates his/her Amway
business in a new market must be aware
of, familiarize, and comply with all laws and
regulations of the said market. |
8.3 | Some markets do not allow non-citizen to
operate a business. In this case Amway
recommends international sponsoring as
a means of expanding Amway business
internationally. |
8.4 | Distributors are permitted to establish a
second Distributorship in other markets.
However, the requirements for owning and
operating a business in a foreign country
can be complicated and expensive (attorney
fees, business licenses and registrations,
incorporation, taxes, and other administrative
expenses). In addition, Distributors who choose
to operate a second Distributorship must sign
a non-resident agreement in the local Amway
office and identify a local business manager
to operate their business during their absence
from the country. For these reasons, Amway
recommends international sponsoring as a
means of expanding business internationally. |
8.5 | Any mention in the media of Amway's public
relations efforts or of legal notices that Amway
is required to file in a new market must not be
interpreted as the official announcement of
Amway's intention to open a new market. |
8.6 | In the event that Amway officially launches a
new market, Amway shall announce the opening
of the market through the official corporate
communication channels. Such communications
will include the date of launch, indicate what
pre-launch activity is permitted, and provide
other information critical for Distributors in order
to assist them in the new market. Only after
Amway has made such announcement should
Distributors begin preparation to operate in a
new market. |
8.7 | Amway has adopted a Zero Tolerance Policy
that prohibits any Distributor activity in markets
that have not been officially opened by Amway.
Below is a list of behavior/ activity that would be
subject to the Zero Tolerance Policy:
8.7.1 | Amway defines "Distributor activity" as
any activity that is designed to promote
or build the Amway business. All
Distributors are prohibited from visiting a
new market for the purpose of appealing
one or more prospective Distributors into
the Amway business. Amway does not
permit holding meetings (even one-onone
meetings) in any country prior to the
announcement of the launch date and
launch plans. |
8.7.2 | Prospecting by web sites directed at
the unopened market is considered as
inappropriate Distributor activity. |
8.7.3 | It is highly improper and a serious
violation of the "spirit" of this policy
to educate a non-Distributor about
the Amway Opportunity and to then
encourage said prospective Distributor
to return to his/her native country to
engage in acts of profit. |
8.7.4 | The Zero Tolerance Policy applies to all
markets including unopened markets
and markets that have been officially
launched by Amway. |
8.7.5 | Distributors are prohibited to solicit
Distributors outside of their Line of
Sponsorship or Personal Group to
provide prospects for a new market.
To do so is a direct violation of the
agreement between Amway and its
Distributors and the Rules of Conduct
or Commercial Principles applicable in a
Distributor's market. Amway encourages
Distributors to follow their original Line of
Sponsorship, to apply for authorization in
a new market. |
8.7.6 | The importation, use, or sale of any
privately produced literature, tapes or
other such business support materials
(including the use of websites,
e-mail and other electronic means of
advertisement or communication) in
relation to the Amway business not
previously reviewed by Amway for use in
a/each specific market is unauthorized
and a violation of this policy. Authorized
or legal actions in one market do not
automatically serve as authorization for
use in all markets, especially for new or
unopened markets. |
8.7.7 | As means for Amway Corporation to
manage its products, and to ensure its
compliance to local laws and regulations
governing product labeling, commercial
product inspection, trademark, and
safety/sanitation issues, importation
of any Amway product or promotional
materials into a new market for
any reason including sales, gifts,
demonstration, or display is strictly
prohibited. Importation of products
and promotional materials without
proper import licenses, registrations,
and labeling may subject the violating
Distributor and Amway to substantial
fines, increased scrutiny, and other
repercussions. |
8.7.8 | Advertising for prospective Distributors
in the new market in any format is
prohibited both in the new market
and in the Distributor's home market.
This includes flyers, bulletin boards,
misuse of business cards, publication
of meeting schedules, and seeking
media coverage. Distributors cannot
participate in "blind prospecting"
(soliciting prospects without proper
referral) by using phone books,
professional society membership lists,
etc. Under no circumstances may
Distributors use mass communication
methods such as spam (unsolicited
email), television merchandising
channels or computer networks to
advertise the Amway opportunity. |
8.7.9 | Distributors may neither state nor
imply that they are employees or
representatives of Amway or any
of its affiliated companies, nor may
they say that they are the exclusive
representatives of Amway in any
particular country. |
8.7.10 | No Distributor-produced "pre-
applications" or any similar documents
that appear to commit a prospective
Distributor to join a particular Line of
Sponsorship are allowed. "Lead Forms",
which are used only for a Distributor's
internal use to collect information about
prospective Distributors, must never be
utilized as "pre-applications" and are not
legally binding. The Lead Form must not
be signed by the prospective Distributor
and a copy must not be left with the prospect. The Lead Form and its use
must never appear to commit or obligate
the prospect in any manner. |
8.7.11 | Prospective Distributors who are
residents of non-Amway markets
shall not be invited to any Distributorsponsored
or company-sponsored
activities organized in either Amway or
non-Amway markets. |
8.7.12 | Showing the Amway Sales & Marketing
Plan, importing, selling or providing
Amway products in an unopened market
is not permitted. |
|
8.8 | In order not to mislead consumers' impression
towards Amway and to prevent violations of
the registration law, advertising of any type
about Amway business or Amway products is
prohibited. This includes flyers, ads in hotels
or in newspapers/magazines and misuse of
business cards. |
8.9 | Misrepresentations of the Amway business such
as promising great wealth for little effort, no
selling, tax shelter, guaranteed residual income
for life are prohibited. |
8.10 | Any Distributor involved in improper pre-launch
activity will be subject to Amway's enforcement
procedures. Complaints of improper activities
are to be submitted in writing to the appropriate
Sales/Distributor Relations Department for
review on a case-by-case basis. |
8.11 | Penalties will range from warnings to temporary
suspension in the new market to permanent
exclusion from all activity in the new market (for
example, no speaking or meeting participation),
or termination of Distributorship, based on the
severity of the violation. |
8.12 | In the event of termination action, the appeal
rights as granted by the Rules of Conduct or
applicable policies in an Amway affiliate may be
invoked by the terminated Distributor. |
8.13 | Violators may be required to provide Amway a
list with names and addresses of all persons
solicited / contacted by him or her as prospective
Distributors as the result of their unauthorized
activities. |
8.14 | These enforcement procedures as Rule 8.11
may also be applicable to the upline Direct
Distributor and/or any other upline Distributors
who participated in the planning of such
improper activities, or who had knowledge
about but failed to stop such improper
activities. |
8.15 | Direct Distributors are responsible for ensuring
that all Distributors in their organization who are
involved in international markets understand
these rules. It is each Distributor's responsibility
to adhere to the letter and spirit of these new
market activity rules. |
8.16 | The definition of an unopened market refers to
either/all of the following conditions:
(a) | The market of MLM (multi-level marketing)
has not been granted by the local
government. |
(b) | The local government does not allow nonnationals
to operate a MLM business. |
(c) | A market where Amway has not entered and
established a local company to operate in
MLM way. |
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| 9. DEATH AND INHERITANCE
9.1 | In the event of the death of a Distributor, then,
in addition to Rule 5.2, the following provisions
must be followed:
9.1.1 | Amway Taiwan may appoint a manager
on such terms and conditions as
Amway considers appropriate, to
operate the Distributorship until such
time as the Distributorship is assigned
or otherwise dealt with pursuant to Rule
9.1.2 or terminated by Amway pursuant
to Rule 10.1.7. Without limiting the
breadth of Amway Taiwan's discretion
as to such terms and conditions, the
manager shall, if Amway considers
it appropriate, be entitled to all, or
such part as Amway specifies, of the
bonuses and privileges accruing in
respect of the Distributorship during the
period of management. |
9.1.2 | The executor or administrator of the
estate of the deceased Distributor shall
within thirty (30) days after the grant of
probate or letters of administration:
(a) | assign or transfer the Distributorship
pursuant to Rule 5; |
(b) | if the heir of the deceased Distributor
is or applies to become a Distributor,
then the heir shall inherit that
Distributorship and carry on the
business; or |
(c) | appoint a manager for such period
and on terms and conditions
specified or approved by Amway, to
operate the Distributorship, provided
the manager himself/herself is or
applies to become a Distributor
before commencing to operate the
Distributorship. Without limiting the
breadth of Amway's discretions as to
the terms and conditions which may
be so specified, the manager shall,
if Amway considers it appropriate,
be entitled to all, or such part as
Amway specifies, of the bonuses
and privileges accruing in respect of
the Distributorship during the period
of management. |
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9.2 | In the event that a Distributorship comprises
two natural persons in partnership and one of
the partner dies, then, in addition to Rule 5.2:
9.2.1 | The surviving Distributor will be
deemed to be the manager of the
Distributorship, until such time as the
Distributorship is assigned or otherwise
dealt with pursuant to Rule 9.2.2 or
terminated by Amway pursuant to Rule
10.1.7; |
9.2.2 | Within thirty (30) days after the grant of
probate or letters of administration:
(a) | the surviving partner shall acquire
(whether by means of sale or
transfer by will) all rights and
obligations of the deceased
Distributor in the Distributorship; or |
(b) | the executor or administrator
of the estate of the deceased
Distributor shall assign or transfer the
deceased Distributor's interest
in the Distributorship to another
Distributor who shall carry on
the Distributorship in partnership
with the surviving Distributor; or |
(c) | the Distributorship shall be assigned
or transferred pursuant to Rule 5; or |
(d) | the executor or administrator of the
estate of the deceased Distributor
and the surviving Distributor shall
appoint a manager for such period
and on such terms and conditions
as are specified or approved by
Amway, to operate the Distributorship
provided the manager himself is
or applies to become a Distributor
before commencing to operate the
Distributorship. |
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| 10. TERMINATION AND DESPONSORSHIP
10.1 | Upon the happening of any one or more of the
followings with a Distributor, Amway Taiwan
may in its discretion terminate or desponsor
the Distributor's Distributorship by notice in
writing:
10.1.1 | If in Amway's opinion the Distributor
has provided false information in his/
her "Application for Amway Distributor
Authorization" (SA88TW) (including
signatures not made by the Distributor). |
10.1.2 | If the Distributor makes serious
misrepresentations of Amway or the
Amway business; if in Amway's opinion it
is not serious, Amway Taiwan may order
the probation and retraining procedures
referred to in Rule 11; |
10.1.3 | If the Distributor breaches any of these
Rules of Conduct and fails to rectify
such breach within the period of being
required to do so in writing by Amway; |
10.1.4 | If the Distributor commits repeated
breaches of any of these Rules of
Conduct; |
10.1.5 | If the Distributor (including any one
partner in the Distributorship) is
convicted of an offence punishable by
prison term; |
10.1.6 | If the Distributor (including any one
partner in the Distributorship) is
suspended or disbarred from practicing
his/her usual trade or profession by
any trade or professional association,
institute or society; |
10.1.7 | If the Distributor (including any one
partner in the Distributorship) dies and
the Distributorship is not assigned or
otherwise dealt with pursuant to Rules
9.1.2 or 9.2.2, within thirty (30) days
after the grant of probate or letters
of administration of the deceased
Distributor or if probate or letters of
administration are not granted within six
(6) months after the date of death. |
10.1.8 | If the Distributor breaches any of Fair
Trade Law or Supervisory Regulations
Governing Multi-Level Sales. |
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10.2 | For the purposes of these Rules of Conduct,
"termination" means the complete termination
of a Distributor's contractual relationship with
Amway Taiwan. Effective upon the date notified
to the relevant Distributor by Amway in writing,
the Distributorship shall be terminated, and
the right to receive any further income from
or generated by such Distributorship whether
arising or occuring before or after the date of
termination shall be lost. |
10.3 | "Desponsorship" or "desponsored from one's
Personal Group" means the removal of a
Distributor from his/her position as a Sponsor
in the Line of Sponsorship, such removal being
effected by written notice from Amway to the
relevant Distributor and becoming effective on
the date stated in such notice. However there is
no effect on the rights of the said desponsored
Distributor to Sponsor others in future. |
10.4 | A Distributor whose Distributorship is to be
terminated or desponsored shall be given
written notice of Amway's decision via
registered mail. The notice of termination or
desponsorship shall:
10.4.1 | be mailed to the last mailing address
of such parties as shown in Amway
Taiwan's data processing records. |
10.4.2 | state the Rule or Rules that the
Distributor is in breach of; |
10.4.3 | state the date on which any such action
shall come into effect; |
10.4.4 | where appropriate advice the Distributor
of his/her opportunity to have his/her
appeal presented to a Review Panel
pursuant to the procedure set out in
Rule 12. |
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10.5 | Upon termination of a Distributor's Distributorship
or upon desponsorship of a Distributor:
10.5.1 | The terminated or desponsored
Distributor shall forfeit his/her
leadership status in his/her Personal
Group including his/her titles and
qualifications; |
10.5.2 | Amway Taiwan has the right to
determine and specify an appropriate
Distributor to be the new Sponsor of the
desponsored Distributor's personallysponsored
Distributors. |
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10.6 | Upon termination of Distributorship, the
terminated Distributor shall:
10.6.1 | return in good condition to Amway
Taiwan all Amway products and Amway
distributed products then held by the
Distributor in accordance with the policy
for return of merchandise and obtain a
refund ; |
10.6.2 | cease to use any and all Amway
trademarks, trade names and marks
related to the Amway business; |
10.6.3 | cease to represent himself /herself as
an Amway Distributor. |
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10.7 | In the event that a Distributor's Distributorship
is terminated or a Distributor is desponsored
by Amway after a period of probation by
Amway pursuant to Rule 11, Amway Taiwan
will refund, interest free, the bonuses held in
escrow during the probation period pursuant
to Rule 11.7.1 and 11.7.2 to the Distributor within two months from the date of termination
or desponsorship, after deducting the expenses
incurred as specified under Rule 11.9.2. |
10.8 | Unless otherwise herein provided or implied,
Amway shall have the exclusive right and
discretion to determine the appropriate
disposition and the terms of such disposition of
the rights and benefits if any, of the Personal
Group of any terminated or desponsored
Distributors. |
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| 11. PROBATION & RETRAINING
11.1 | If Amway Taiwan deems that one or more of the
Distributors in a Direct Distributor's Personal
Group have misrepresented the Amway Sales
& Marketing Plan or have committed serious
violations of the Rules of Conduct, then Amway
may place on probation the whole or part of the
Direct Distributor's Personal Group as Amway
may determine. |
11.2 | Before imposing probation on the whole or part
of a Direct Distributor's Personal Group, Amway
shall notify the Direct Distributor in question of
the misrepresentation or other serious violations
of the Rules of Conduct giving rise in Amway's
view of the need for probation. |
11.3 | At the same time as giving notice to the Direct
Distributor pursuant to Rule 11.2, Amway may
in its absolute discretion elect to give the Direct
Distributor and the Sponsor of the violating
Distributors an opportunity to make their factual
statements or to initiate their own investigation,
and to initiate their own corrective actions within
the Personal Group; Amway Taiwan may specify
a period within which such corrective action is to
be taken. |
11.4 | If the Direct Distributor or other related Sponsors
neglect or fail to take appropriate action within
the time prescribed in Rule 11.3, then Amway
may proceed to impose probation as Amway
may determine. |
11.5 | Probation and retraining by Amway shall consist
of all or such one of the following corrective
actions as Amway may consider appropriate:
11.5.1 | A notice to be prepared and sent by
Amway Taiwan to all Distributors in
the Direct Distributor's Personal
Group or in that part of his/her Personal Group placed on probation. The notice will
specifically outline the nature of
the misrepresentation of Amway
or the Amway Sale & Marketing
Plan which has given rise to the
imposition of probation, and will
outline the correct manner in which
Amway requires its Distributors to
present Amway and the Amway
business. The notice may also
announce the time, date and place
at which special retraining seminars
will be held for all Distributors on
probation. The notice will be cosigned
by Amway and by the Direct
Distributor or other nominated
Distributor, or by Amway alone; |
11.5.2 | Distributors placed on probation
shall attend a thorough retraining
program to learn the proper
presentation and the conduct of
Amway and the Amway business
and to teach other Distributors in his/her Personal Group.
Such retraining seminars will be
conducted by the Direct Distributor
or other nominated Distributor
under the supervision of Amway
Taiwan, or by Amway itself if
the Direct Distributor or other
nominated Distributor refuses to or
in Amway's opinion does not fully
cooperate with Amway in organizing
and conducting the seminars. |
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11.6 | In the event that the Direct Distributor whose
Personal Group has been placed in whole
or part on probation by Amway, elects to
cooperate with Amway in the organization
and conduct of the retraining seminars
referred to in Rule 11.5.2 above, then:
11.6.1 | The Direct Distributor or other
nominated Distributor shall prepare
and forward to Amway for its written
approval, prior to the first retraining meeting, a schedule of the retraining
meetings; |
11.6.2 | The schedule shall include the date,
time, and place of such meetings, the
Distributors invited to attend, the speaker
or speakers who is or are to speak at the
retraining meetings, and the number of
people expected to be in attendance; |
11.6.3 | All Distributors attending such retraining
sessions will be required to sign an
attendance sheet, which the Direct
Distributor or other nominated Distributor
will send to Amway after the meeting; |
11.6.4 | The Direct Distributor or other nominated
Distributor shall tape all such retraining
sessions in its entirety, and forward a
copy of such tapes to Amway for review; |
11.6.5 | The Direct Distributor or other nominated
Distributor shall conduct or direct all such
retraining sessions and shall report the
results of such sessions to Amway; |
11.6.6 | Amway Taiwan personnel may attend all
or any one of such retraining sessions to
monitor the meeting. And if considered
necessary, the Amway personnel
present may take over the conduct of the
sessions to ensure their compliance with
Amway's requirements. |
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11.7 | The imposition of probation may have the
following consequences as Amway may in its
absolute discretion determine:
11.7.1 | Suspension of payment of all bonuses,
including but not limited to, Performance
Bonuses, Ruby, Leadership Bonus, Pearl
and annual bonuses including Emerald,
Diamond, Diamond Plus and any special
bonuses, payable to the Distributors
under probation. Any such bonuses shall
be computed, but held in escrow by
Amway during the probation period. |
11.7.2 | The Performance Bonuses which would
otherwise be paid to the Direct Distributor
or other nominated Distributor will be
treated as follows:
(a) | Performance Bonuses owing to the
personally-sponsored Distributors
of the Direct Distributor or other
nominated Distributor will be
computed and paid directly to them
by Amway or temporarily by another
upline Direct Distributor; and |
(b) | the remaining balance of the
Performance Bonuses will be held in
escrow by Amway during the period
of probation. |
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11.7.3 | Amway may determine whether and
to what extent the monthly Business
Volume of the Distributorships on
probation are to be counted towards
qualification for Emerald, Diamond, one
time cash bonuses or Diamond Plus
bonus, for any rewards, for the annual
Leadership Seminar, Diamond meetings
or Founders Invitational Meetings, or for
any Special Bonus to be paid by Amway
after the probation at the end of the
fiscal year. |
11.7.4 | Amway may in its absolute discretion
withhold or refuse recognition of the
Distributors on probation for any awards
under the Amway Sales & Marketing
Plan. |
11.7.5 | Amway may in its absolute discretion
determine whether invitations are to be
sent to the Distributors on probation to
attend New Direct Distributor Seminars,
Direct Distributor Forum, Leadership
Seminars, Diamond meetings, Founders
Invitational Meetings, or other Amway
recognition event, even though they
may have qualified for such session or
meeting. |
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11.8 | Pursuant to Rule 11.7.2, Amway may request
a qualified Sponsor in the Line of Sponsorship
to operate the Distributorship and who shall be
entitled to all, or such part as Amway specifies,
of the bonuses accruing in respect of the
Distributorship during the period of service. |
11.9 | If Amway considers that probation and retraining
have been successful such that the Distributors
under probation will not misrepresent Amway
or the Amway business or commit further other serious violations of the Rules of Conduct:
11.9.1 | Amway will lift the probation and,
subject to Rule 11.9.2 below, restore
full Distributor rights and privileges; |
11.9.2 | All expenses incurred by Amway in
conducting the retraining seminars
and in administering the probation
generally will be deducted from the
bonuses held by Amway in escrow
during the probation period and the
balance, if any, paid to the appropriate
Distributors. |
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11.10 | If Amway considers that the retraining has not
been effectively carried out in respect of the
Distributors on probation, Amway may:
11.10.1 | Direct that probation be continued,
and further corrective action taken, in
respect of the Distributors; or |
11.10.2 | Conclude probation and terminate the
Distributorship of the Distributors. |
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| 12. REVIEW BY AMWAY CORPORATION
12.1 | A Distributor who has been desponsored or
placed on probation or whose Distributorship
has been terminated (except pursuant to Rules
10.1.1 or 10.1.5 or 10.1.6), may within 15
days after notice from Amway Taiwan of the
desponsorship, probation or termination as the
case may be, make a written request in English
to Amway Corporation (7575 East Fulton Road,
Ada, Michigan, USA), marked to the attention
of the Vice President-International, to review
Amway Taiwan's decision. |
12.2 | Any request for review by a Distributor pursuant
to Rule 12.1 shall be determined by a Review
Panel which shall consist of such Amway
personnel as may be determined by the Vice
President-International of Amway Corporation to
review Amway's decision. |
12.3 | The Distributor requesting the review shall
submit necessary evidence, and shall produce
additional evidence as the Review Panel may
require. |
12.4 | The Review Panel shall be the judge of the
relevancy and materiality of the evidence
submitted, and strict conformity to the rules of
evidence will not be necessary. |
12.5 | The Distributor requesting the review will be
provided with copies of all materials submitted
by Amway Taiwan to the Review Panel, and
Amway Taiwan will be provided with copies of all
materials submitted by the Distributor. |
12.6 | The Review Panel may affirm, reverse or modify
Amway Taiwan's decision |
12.7 | If the conclusion of the Review Panel includes
termination of the Distributorship, Amway
Corporation will notify the Distributor about such
termination in the following manners:
12.7.1 | Amway Taiwan's decision to terminate
a Distributorship has been confirmed as
effective as from the date of termination
previously notified by Amway Taiwan; or |
12.7.2 | A Distributorship has been terminated
by the Review Panel, in this case the
Distributorship of the Distributor shall
be deemed to have been terminated
by Amway Taiwan upon and by virtue
of service of notice to the Distributor
concerned of the Review Panel's
determination. |
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12.8 | In the event that the Review Panel decides upon
corrective action other than termination, then:
12.8.1 | Amway Corporation will notify the
Distributor who requests the review
informing him//her the corrective action to
be taken and specifying a period within
which that action must be completed by
the Distributor; and |
12.8.2 | Amway Taiwan will take such steps as
may be necessary to implement the
Review Panel's determination. |
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| 13. GENERAL
13.1 | When any Distributor violates these Rules,
Amway Taiwan may determine, on a case-by-case
basis, the appropriate disposition upon the
Distributorship of the violating Distributor based
on factors like the materiality of the violation,
the Distributor's attitude, conduct, and motive,
among other things. |
13.2 | These Rules shall be governed and construed
in accordance with the law of the Republic of
China for the time being and from time to time in
force. |
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