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Newsletter No 26, April 2019
NO.26
Totalife InternationalReceived the 2018 Malaysia Health & Wellness Brand Awards

Totalife InternationalReceived the 2018 Malaysia Health & Wellness Brand Awards

"Phytokleen" and "Super Totalac", twoof Totalife International's products,received the 2018 Malaysia Health& Wellness Brand Awards, which were presented in Malaysia on March 23, 2019. The awards further recognized Totalife's leading reputation in health and wellness brands, and great contribution to the community and industry.

VIVA Life ScienceLaunch of Whole New Upgraded FlexiMax II

VIVA Life ScienceLaunch of Whole New Upgraded FlexiMax II

VIVA Life Science conducted product launch events on March 9, 10, and 23 in 2019 in northern, central and southern Taiwan. The wellness formula with five major functions – namely, glucosamine, chondroitin, Type II collagen, MSMfibers, and vitamin K2 – provides comprehensive health promotion effects for both hard and soft tissues. In addition, ingredients suchas multiple herbal essences, vitaminC and turmeric extracts are addedto help you move with more comfortand agility.

Nefful International30th AnniversaryCreative Nefful Era

Nefful International30th AnniversaryCreative Nefful Era

Nefful conducted the 30-year Anniversary and Recognition Conference on March 30, 2019. Thetheme for this year was "Innovationand the Nuffel Era," which proclaimedthat Nefful International has initiateda whole new beginning to embraceinnovations and challenges. By raising the flag of innovation, a decisive battle will be fought in the era of Nefful when Nefful will become invincible internationally.

Morinda Launched Incentive Program Unprecedented among Direct Selling Companies

Morinda Launched Incentive Program Unprecedented among Direct Selling Companies

To help partners develop their business and accumulate wealth, Morinda has launched anunprecedented incentive program – a stock option plan for independentproduct consultants (IPC). Throughthe incentive program, its partnerswill have a chance to earn NBEV'sstock and become shareholders of the company. As a result, great momentum and opportunities for boosting business will be injected into the operators' organization.

Beginning to Learn about the Code of Ethics at the Code of Ethics café

Beginning to Learn about the Code of Ethics at the Code of Ethics café

To ensure continued improvement on the internal training and educationof the members throughout this country about the Code of Ethics, the Direct Selling Association will continue to optimizethe format of seed instructors' forums for the Code of Ethics, create the Code of Ethics café, and use "dialogues" as a core process to enhance the efficacy of teaching and learning. This is quite different from thetraining model in the past, when the focus was on teaching and learning before the acquired knowledgewas put to practice. All members will gradually form collectiveobjectives and insights, through the interactive process with increased personal willingness, to extend the practice of a code of ethics from the collective consensus to personal implementation.

Post-it Note for Operation to Facilitate Easy Remembrance and Compliance

Post-it Note for Operation to Facilitate Easy Remembrance and Compliance

The Post-it Note for Operation makes it easy for those who seek to become or have become distributors to understand the Code of Ethics.
.Win trust through a proper attitude. A visit should be made only when the other party is willing to accept the visit, and the privacy of the other party should be properly protected.
.Be proactive in self-identification. It should be specifically indicated at the time of recruitment that the purpose is to engage in multilevel marketing activities, and it is not appropriate to attract others under the pretext of employment recruitment.
.Do not exaggerate sales performance and income. There should be supportable documentation to serve as the basis of income or sales performance. It should also be communicated that the actual sales performance and income will vary by factors such as personal efforts and sales techniques.
.Advertisements and promotions should not be exaggerated. All kinds of directly sold products entail relevant product laws and regulations which shall be compiled. Be sure not to break any law accidentally due to exaggerated and false product promotions.
.Do not bad-mouth your competitors. Benign competition is key to sustainable operation.
.After-sale services should be in place. In the case of unclear product usage steps, defective products or adverse effects, assistance should be proactively provided.
.Terms of sales return and termination should be specified. Regardless of a withdrawal or sales return, general sales return or termination of a contract, relevant requirements should be clearly communicated to the other party when he/she joins and becomes a distributor. In addition, the sales return or termination of the contract which is actually taking place should not be evaded to protect your own sales performance.

Promulgation of Partial Amendments to the Regulations for the Establishment and Administration of the Multi-level Marketing Enterprises and Participants

Promulgation of Partial Amendments to the Regulations for the Establishment and Administration of the Multi-level Marketing Enterprises and Participants

The Fair Trade Commission officially promulgated and implemented the Partial Amendments to the Regulations for the Establishment and Administration of the Multi-level Marketing Enterprises and Participants on March 29, 2019. The amendments include the following:
1.Addition of the missions of a protection institution: assistance shall be provided to multi-level marketing enterprises to set up their dispute resolution mechanisms with other multilevel marketers (Article 3 as amended).
2.Addition of and revision to the criteria for removing directors and supervisors in accommodation of the Foundations Act (Article 16 as amended).
3.Addition of the requirement that a multilevel marketer shall transfer its claims over a multilevel marketing enterprise to a protection institution so that it can secure the claims over such multilevel marketing enterprise (Article 29 as amended).
4.Addition of the requirement that a multilevel marketer with economic difficulties may be excused from paying the court cost and attorney's fees advanced by a protection institution on his/her behalf, subject to the approval of the protection institution (Article 30 as amended).

MOHW Promulgated the Regulations Governing the Administration of the Registration and Permits of Food and Related Products as Amended and Revoked the Relevant Requirements for the Registration of Special Nutritious Foods

MOHW Promulgated the Regulations Governing the Administration of the Registration and Permits of Food and Related Products as Amended and Revoked the Relevant Requirements for the Registration of Special Nutritious Foods

The Ministry of Health and Welfare (MOHW) promulgated the Regulations Governing the Administration of the Registration and Permits of Food and Related Products as amended on April 10, 2019, and revoked the Relevant Requirements for the Registration of Special Nutritious Foods. These amendments were made to ensure that all kinds of application operations for the registration of foods and related products and the administration of approval documents as well as the registration of special nutritious foods meet practical needs and to perfect the food registration administration system.

Issues of Directly Sold Products with Unreasonable Market Prices

Issues of Directly Sold Products with Unreasonable Market Prices

A pyramid scheme company can package itself in myriads of ways. In the past, there was a direct selling company selling products such as energy necklaces. When the court summoned its distributors to testify, they indicated that over half of the products were defective and the products were sold for prices several times higher than the market rates. However, since the distributors were more concerned about the bonuses they were entitled to, the distributors did not care too much about the quality of related products, which were merely used as gifts and were not offered for sale. In such a case, the court determined that the distributors had joined the company simply for the bonuses, not for promoting or selling the products.
Therefore, this constituted "distorted direct selling."Therefore, when product prices are obviously higher than reasonable market prices, more caution is needed since typical consumers who receive defective products would be very upset and would request such products to be returned or replaced according to the mindset of typical consumers. If the products are not wanted at all, why would any company sell them for such high prices and why are distributors themselves willing to pay such prices? Will they fall into the trap of a pyramid scheme?
[Excerpt from the Practical Direct Selling Legal Issues]

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