Advertising and Promotion Policy
The MiVeda Advertising and Promotion Policy
MiVeda Pty Ltd (ABN 43008038819) and its associated subsidiary companies (eg MiVeda Marketing India Private Limited SRN B16518458) (“the Company”) and each of its registered members (“Distributor”) agree to these advertising and promotion terms and conditions (“the MiVeda Advertising and Promotion Policy”).
1. Incorporation of the MiVeda Advertising and Promotion Policy into the MiVeda Distributor Agreement.
This MiVeda Advertising and Promotion Policy is incorporated into the MiVeda Distributor Agreement.
2. Regulatory Approval
No government agency, body or authority approves or endorses any marketing program. No Distributor may ever imply that the promotion, operation or organisation of the Company has been approved, sanctioned or endorsed by any regulatory authority. Such statement or implication constitutes grounds for cancelling the offending Distributor.
3. Claims or Representations by Distributors
Distributors must represent the products and opportunity ethically and fairly. Distributors shall not make any claims regarding the Company’s products or the Compensation Plan, which have not been made in official literature. Distributors are expressly forbidden from implying that additional products or services will be added to the Company program or that enhancements to the Compensation Plan are forthcoming. No unreasonable, misleading or unrealistic earning claims may be made. No income guarantees of any kind may be made.
4. Trademarks and other Intellectual Property of the Company
The Company uses trade names and trademarks to identify itself, its products, its sales and marketing programs, and to be distinguished from competing products and programs offered to the public.
The name of the Company, as well as other names, logos, or trademarks, is proprietary to and has great commercial value to the Company. Whenever these names and marks are misused, the value and effectiveness of the name or mark is lessened. Consequently, the Company does everything it can to protect the integrity of the name or mark.
For that reason, Company Distributors are only allowed to use in conjunction with their business, the Company name or trademark, and those materials generated by the Company for the perpetuation of its business pursuant to the MiVeda Distributor Agreement.
In the event that a Distributor misuses the name of the Company, the Company's Intellectual Property, its products, services and/or marketing materials, the said Distributor shall be deemed to have violated the MiVeda Distributor Agreement and may be subject to disciplinary action, including but not limited to, immediate cancellation or termination of their MiVeda Distributor Agreement and any and all other remedies provided under the law, including recovery of legal fees for trademark infringement in favour of the Company.
The Company and any nominee also copyrights all its printed, electronic, audio and audiovisual-recorded materials, such as manuals, brochures, sales aids, audio and video tapes/CDs and files, video training, Internet material, etc. As protected under copyright law, these materials are the exclusive property of the Company or its nominee. Any copyright infringement shall result in the Company seeking any and all remedies under the law to protect its copyrights with reasonable legal fees awardable to the Company.
6. Protecting Copyrights and Trademarks
To protect the Company’s valuable proprietary rights, the Distributor agrees to abide by the following terms and conditions, as well as all others included in the Policies & Procedures and the Distributor Agreement:
- Distributors must have prior written consent from the Company to use copyrighted and/or trademarked material, designs, logos, trade names, and or marks which are the property of the Company.
- Distributors must have written permission to reproduce any copyrighted material, without exception, prior to reproducing said materials. The Company will grant permission only in rare circumstances for the benefit and well-being of the Company and Distributors as a whole at the Company’s sole discretion.
7. Use of Authorised Promotional Materials
Only those materials that have been made available directly by the Company are allowed for promotional purposes. The Company will produce and offer for sale at a reasonable price the materials necessary to build a Distributor’s business. No reproduction, personalisation or modification of any of these Company materials is allowed in any form. Distributors may not develop, publish, sell or distribute any promotional materials they create. This prohibition also applies to Sales Aids and brochures promoting a specific downline or organisation. Any violation of this rule may lead to the cancellation of the offending Distributor.
Company logos, names or those of its products/services may not be used or displayed on any apartment, house, office, shop front or other physical premises unless such permission is expressly provided in writing by the Company (for example with stockists).
Distributors shall not advertise the Company products in any way other than by the use of advertising or promotional materials made available to the Distributors by the Company with the exception of “blind advertisements” where no reference is made to the Company name or product names unless prior written approval has been received from the Company. Distributors are prohibited from using the Company trade names or logos in advertising, in a manner that would suggest or imply that they are employed by or are agents of the Company. All advertisements must provide the name of a qualified Distributor only.
a. Prior Approval
The Company encourages word of mouth advertising as the best and most efficient means of advertising, and discourages conventional advertising. All advertising, including but not limited to social network media, websites, flyers, press releases, statements made on telephone answering machines, TV, infomercials, radio or any other form of advertising in any medium that can construed to be a means of advertising or for promotional purposes and in which the Company name, trademark, or logo, or that of any of its products, services or sales aids is or are to be used, must be approved by the Company in writing before the dissemination, broadcast or distribution of said advertising or promotional material.
Accordingly, Distributors must submit all promotional materials, advertisements, and other literature (including proposed websites, Internet advertising and banner ads) to the Company for approval. The request shall be deemed denied unless the Distributor receives specific written approval to use the material, Any approval granted for said advertising shall be specifically applicable to the Distributor who originated the request and then only exclusively for the same Distributor’s Business. Said approval is not transferable.
Except as provided in this section, Distributors may not use or transmit unsolicited faxes, mass email distribution, unsolicited email, banner ads, or “spamming” relative to the operation of their Company business. The terms “unsolicited faxes” and “unsolicited email” mean the transmission via telephone, facsimile or electronic mail, respectively, of any material or information advertising or promoting the Company, its products, its compensation plan or any other aspect of the Company which is transmitted to any person, except that these terms do not include a fax or email: (a) to any person with that person’s prior express invitation or permission; or (b) to any person with whom the Distributor has an established business or personal relationship. The term “established business or personal relationship” means a prior or existing relationship formed by a voluntary two-way communication between a Distributor and a person, on the basis of:
(a) an inquiry, application, purchase or transaction by the person regarding products or business opportunity offered by such Distributor; or
(b) a personal or familial relationship, which relationship has not been previously terminated by either party.
b. Telephone Listing
Distributors may not be listed in a telephone directory as a Company Distributor. No Distributor may contract for a display type ad in any telephone directory. Distributors may not list their telephone number with the Telephone Company as “the Company” or in any way cause the local directory assistance operators to refer callers searching for the Company Corporate office. In the event a Distributor receives a call meant for the Corporate Office, the Distributor should refer the caller to the corporate office.
c. Receiving Telephone calls
All Distributors are independent contractors and are prohibited from answering the telephone and/or using any answering message device that would in any way mislead a caller into assuming that they have reached the Company.
d. Pre-recorded Telephone Solicitation Devices
The Company or Copyrighted materials may not be used with automatic calling devices or “boiler room” operations whether to solicit Distributors or any other purpose.
e. Business Cards and Stationary
A Distributor may order business cards and stationary from any printer provided they use the words “Independent Distributor” under their name so as not to imply they are a Corporate Representative of the Company. However, preferably Distributors will use the business cards that have been especially designed and created expressly for Distributors by the Company. Distributors may contact the Company for help with regards to printing business cards and possibly to get help in obtaining graphic art for this purpose.
10. Media Inquiries
Distributors may not solicit coverage or publicity from the media regarding their Company business, nor may they appear or radio television talk shows to promote their activities. If the media contacts a Distributor, the contact should be referred to the Company Corporate Office to ensure accuracy and a consistent Company image.
11. Business Names
No Distributor may use the words of the Company within a business name. An example of an unauthorised use of the trademarked name would be “MiVeda of Chennai”, "MiVeda Australia" or “MiVedaWorld” or other variations.
12. Conduct at Business Presentations and Training Sessions
All business presentation and training sessions shall be conducted in strict conformity with the Company-produced guidelines, scripts, slides and printed material. They have been developed and refined to make sure that prospects have accurate information upon which to base their decisions, and to assist new Distributors in learning proven techniques for achieving success.
13. Product Claims
Distributors shall not make any claim for any Company product that is not expressed in official promotional material.
14. Income Representations
Distributors of the Company shall not make any false or misleading statements about their own or any other Distributor income. No hypothetical examples of what is mathematically possible, nor income projections or potentials may be used in any business presentation without the appropriate disclaimer. Distributors shall avoid any suggestion that it is easy to attain high-income levels, and shall always explain that each individual’s success depends solely upon the level of effort expended and their personal commitment to the Company program. A Distributor shall make it clear that the Compensation Plan is based upon sales of the Company’s products, and that no compensation is available from the Compensation Plan (or otherwise) merely from the sponsorship of other Distributors. Sales must be emphasized in all sponsoring presentations.
15. Inducement to Prospects
All Distributors are equal in the eyes of the Company’s Corporate Management. No organisation, team or group may imply that it has a “special relationship” or that it can offer a prospect preferred treatment by virtue of their “special relationship” with the Company corporate office.
At open/public meetings that are related to the Company, the Company podium and/or wall banners are permissible. Signage stating the name of MiVeda product/s is also permitted. However, it is strictly against Company policy to display banners, signs or other paraphernalia that identifies or promotes the name of a specific downline, network or organisation at any public meeting. Such banners, signs and/or paraphernalia may be utilized only at closed presentations put on by and paid for by a single downline network or organisation.
16. Alien Materials or Products
During the term of the Distributor Agreement, Distributors shall not sell or promote directly or indirectly the products, services or opportunities of any other company while conducting their business.
Additionally, only the Company’s authorised promotional materials may be sold or displayed at any Company meeting. Violation of this provision is justifiable cause for immediate cancellation of the offending Distributorship.
17. Websites and Social Network Media
For the avoidance of doubt, it is a breach of the MiVeda Distributor Agreement for a Distributor to develop its own website or social media site for the purpose of advertising or promoting the Company, the Company’s business and/or the Company’s products.
The Distributor must only use the official Company websites and official Company social network media to promote the Company name, trademark, or logo, or that of any of its products, services or sales aids. Any breach of this section will be cause for disciplinary action by the Company to the Distributor including, but not limited to, potential action to terminate the MiVeda Distributor Agreement.