It was not until August 23, 2005 that the State Council promulgated rules that dealt specifically with direct sale operation- Administration of Direct Sales (entered into effect on 1 December 2005) and the Regulations for the Prohibition of chuanxiao (entered into effect on 1 November 2005). When direct selling is allowed, it will only be permitted under the most stringent requirements, in order to ensure the operations are not pyramid schemes, MLM, or fly-by-night operations.
A downline distributor is a recruited distributor from whom the sponsor (the one who recruited them) gains commissions. Every compensation plan involves recruiting other distributors to help sell the company’s product. Some compensation plans provide higher commissions for recruiting successful distributors (quality over quantity). Other plans only focus on simply hiring more distributors (quantity over quality). Overall, downline distributors help sponsors gain extra commissions.
The legal distinction between MLMs and traditional pyramid schemes has been characterized by many authorities as a legal fiction. Jurisdictions that retain a legal distinction between MLM pyramid businesses versus illegal pyramid schemes retain said distinction on two key distinguishing features: 1) that MLMs always encompass the sale of actual products/services, while traditional illegal pyramid schemes ordinarily do not (though sometimes they do), and 2) that climbing an MLM pyramid is overwhelmingly statistically improbable (especially to its highest participant levels) but not theoretically impossible, whereas climbing a traditional illegal pyramid scheme is both statistically and theoretically impossible.
Melaleuca, Inc. is listed as a Direct Marketing Company. The company contracts with independent marketing executives who refer customers to Melaleuca that purchase its various lines of nutritional, pharmaceutical, personal care, household cleaning, and pet care products. They also offer travel, phone and credit card services. Customers receive discounts if they order a minimum monthly product supply, but are not required to maintain an inventory of products. The company states that it offers a “Satisfaction or Money Back Guarantee”.
Thanks for this post. Very helpful. I do like direct sales; one reason for this is that it helps keep alive that age-old tradition of people interacting face-to-face (rather than mainly through texting and social media). For that reason, I think MLMs should target the lonely Millennials. Anyway, I was a member/distributor of Advocare for over 10 years and still miss the products and the activities in the company, now that I am temporarily out. I still plan to sign up again when I can afford it (long story–I’ll spare you). I am now involved in Melaleuca, and I must say in their defense that Melaleuca’s products are actually not overpriced. Because Preferred Customers are not only not expected, but also NOT ALLOWED to turn around and sell the products at the retail price, everyone pays the same low prices. (Granted, one can indeed go to the website and buy directly from the company if they do not want to become a Preferred Customer. Why would someone do that when the annual membership is only $19? Only if they do not want to commit to the minimum monthly requirement for Preferred Customers.) Public, keep this in mind! Don’t be fooled by the rebels who are selling old Melaleuca products on Amazon for way above the retail price!! You’re much better off buying fresh products directly from the factory, even if you pay retail price. Just sayin. My big question: What about Tupperware? I have been a Tupperware consultant for about 6 months, and I have found it to be extremely difficult to keep business going. The directors training me have said that Tupperware is the second most widely recognized brand name in the world, second only to Coca-Cola. If that is the case, why is it so hard to find people willing to host Tupperware parties? Why does it seem so hard to sell? Also, is it just me…Or, does Tupperware’s compensation plan stink?
Yes. Personal or internal consumption – meaning product participants purchase and consume to satisfy their own genuine product demand – does not determine whether the FTC will consider an MLM’s compensation structure unlawful. As noted in the answer to question 5, when evaluating the issue of participants’ internal consumption, the FTC staff is likely to consider, among other factors, both (i) whether features of the MLM’s compensation structure incentivize or encourage participants to purchase product for reasons other than satisfying genuine demand; and (ii) information bearing on whether purchases were in fact made to satisfy personal demand to consume the product. When evaluating MLMs, the FTC focuses on how the structure as a whole operates in practice and considers factors including marketing representations, participant experiences, the compensation plan, and the incentives that the compensation structure creates.
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It seems to me that in your assessment of the top 25 MLM that you had a preference for one essential oil company (Young Living) over the other (doTERRA) which outranked YL. You give a glowing review of YL and state that they “set the standard” & are a “solid pick”. While you seem to question why people could possibly like doTERRA with comments like “Users swear by the oils, and for whatever reason, people (and not just people in Utah) are strangely passionate about telling their friends about them.” For “whatever reason”??? “Strangely passionate”??? You come across as bias. You also incorrectly state that YL set the standard for quality, while they may have been the first legit EO Co. they didn’t set the standard. Infact their lack of wanting to find the purest most potent EO available (which comes from the country the plants are indigenous to) and having strict testing to ensure the purity and potency is why doTERRA was founded, doTERRA set the standard because YL didn’t want to. And that is why doTERRA is the #1 EO company and why Young Living is not. Not to mention how well doTERRA takes care of the suppliers through Co-Impacting and how they’re improving their lives through The Healing Hands Foundation. The foundation builds wells, schools, provides personal care products as well as many other things. doTERRA is changing lives for the better all around the world so that is one of the “reasons” we’re “strangely passionate” about spreading the good news of doTERRA essential oils. Not only are doTERRA EO more potent and purer making the the “solid pick” they are literally saving peoples lives.
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