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New Gold Director Compliance Training
James BrambleGeneral CounselUSANA Health Sciences, Inc.New Gold Director Training Copyright USANA Health Sciences, Inc., 2005. All Rights Reserved
Ongoing Supervision and Training
As an Associate progresses through the various levels of leadership, his/her responsibilities to train downline Associates (product knowledge, effective sales techniques, the Cellular Compensation Plan, and the Policies and Procedures, running the business professionally and ethically) increases.
Policy 4.1
What is Associate Compliance?
The means by which USANA protects its interests and the interests of its independent sales representatives from the adverse consequences of inappropriate sales and business activities.
In other words . . . The way a distributorship is protected to be around for the long term.
What are USANA’s interests? Associates?
Two Levels of Protection
To protect USANA and its Associates from regulatory enforcement activities.
To protect USANA and its Associates from the inappropriate sales and business activities of other Associates.
Regulators: Who are They?
FDA, HPB, TGA, New Zealand Ministry of Health, Etc.
FTC, Industry Canada, ACCC, NZCC, etc.
Attorneys General and State and Provincial Agencies,
Securities Regulators, Consumer Protection
Watchdogs.
Regulators: Why Should We Care?
Through compliance with applicable regulations USANA protects its interests and the interests of its Associate sales force from the adverse consequences associated with violations.
Legal and Policy Guidelines
Improper Product Claims
Improper Business Claims, (Income Claims, Misrepresentations and Deceptive Practices.)
Policy 3.4.1
Dietary Supplement Health and Education Act
No therapeutic or cure claims except as provided in literature.
No “drug claims” - cure, treat, diagnose, prevent or mitigate the symptoms.
Claims about health, well being and how a product affects the structure and function of the body are OK.
ExamplesPROPER “I can run and play ball
with my children again.”
“I feel 20 years younger.”
“I feel healthier.” I am supporting a
healthy cardiovascular system.
IMPROPER “I no longer have the
pain and stiffness associated with my arthritis.”
“I no longer have migraine headaches.”
“I have reduced the risk of having a heart attack by lowering my cholesterol level 20 points.”
Business Claims
No income claims - Policy 3.4.2 No deceptive practices - Policy 3.8
(no guarantees, $ based on sales, representation that business plan is “approved” by regulatory agency, etc.)
Retail Sales - Pyramid Law
Commissions earned must be based on sales. Customer Development is essential.
Preferred Customer Program.
Return Policies
Investment Contracts
Sometimes securities regulators try to make and MLM opportunity into an unregistered security.
Don’t use the term “investment”Don’t make promises to build
another’s business or say “You don’t have to do anything.”
Do train and help your downline.
Examples
Proper “Through my efforts I no
longer live paycheck to paycheck and I am living the life of my dreams.”
“Let me walk you through the compensation plan and show you exactly how much money you can earn.”
“I am already beginning to see the residual nature of my initial efforts.”
Improper “I made my first $1000
check after only 3 weeks.” “Think of it as an
investment, you give me the money and sit back and watch as I build your business and you make money.”
“The USANA compensation plan has been endorsed by the FTC.”
Inappropriate Sales and Business Activities
Compliance protects Associates from: Cross-line raiding Improper recruiting Improper transfers Sales from retail outlets
Inappropriate Sales and Business Activities cont...
Compliance protects USANA from: Downline raiding Disclosure of “trade secrets” (I.e.
DLM reports) Trademark / copyright infringement Unauthorized agreements
Inappropriate Sales and Business Activities cont...
Compliance protects USANA from: Civil liability
Maintaining independent contractor statusinterfering with contractual relationships (i.e.
tortious interference with a business relationship.)
Product liabilityVendor’s endorsement.
Specific Guidelines
Policies and Procedures
We review and stay up to date on the laws in all countries where USANA does business. The policies allow your business to be “seamless.”
Legal Services Department
General Counsel - James Bramble (Spanish, English) Assistant General Counsel – Kevin McMurray
(Spanish, English) Legal Cousnel – Chen Shen (Mandarin, Cantonese,
English) Compliance Officer - Dan Whitney (Mandarin,
Cantonese, English) Compliance Assistants - Aimie Buxton (Spanish
English), Dave Park (Spanish, English) and Shiree Tholen(English)
Legal/Admin Assistant – Therese Vengo (French, English)
True or False?
If an Associate is dissatisfied with her current downline placement, she can cancel her distributorship and re-enroll immediately in another downline organization.
FALSE
An Associate who voluntarily cancels her Distributorship may reapply for a new Distributorship after six (6) full calendar months. See USANA Policy Section 3.
True or False?
I can enroll a current Associate in my organization by using an assumed name, a family name or a business name.
False
It is improper for Associates to solicit another Associate or Preferred Customer to enroll as an Associate or Preferred Customer in another line of sponsorship; and Associates may not use assumed names or business names to circumvent this rule. Moreover, an Associate may not own or operate more than one Distributorship. See Policy Section 3.
True or False?
As a Gold Director, I can approve advertising materials for myself and my downline organization.
False
Only USANA can review and approve advertising materials. Associates below the rank of Gold Director may not create advertising materials to promote their USANA businesses. See Policy Section 3.
True or False?
I am required to make retail sales in order to qualify for commissions bonuses and advancement to higher levels of achievement.
True
The USANA Compensation Plan is based on the sale of USANA products to end consumers. Associates must fulfill specified personal and Downline organization sales requirements. See Section 5 Policies and Procedures.
Associates must develop or service at least five (5) customers every four-week rolling period. These customers can be either Retail Customers or Preferred Customers, or any combination of the two. See Policies and Procedures Section 5.
Question
What is the difference between a legitimate multi-level marketing company and an illegal pyramid scheme?
In a legitimate Multilevel Marketing Plan participants sell goods or services to end users in order to qualify for commissions. A pyramid scheme is a plan where individuals pay money for the opportunity to receive compensation solely or substantially for recruiting other participants.
True or False
I can freely copy publications or information from the corporate website for republication and sale to other USANA Associates or prospects.
False
It is an infringement of USANA’s copyright in these materials for any Distributor to copy this information for commercial gain.
True or False
I can complete an application and sign her name for my friend who wants to enroll as an Associate.
False
The Applicant must sign her own application. Signing an applicant’s name may create an unenforceable agreement.
Questions and Answers
My phone number 801-954-7805Compliance Assistants – 801-954-
7100e-mail [email protected] 801-954-7809