Section 7: Computer or Telephone Based Media

Computer or Telephone Based Media includes transmission of Content by computer based systems, including but not limited to e-mail, blogs, social media, or website transmissions; and telephone or cell-phone based transmissions.

Headers and Titles

The name “dōTERRA” may not be used, in any title, subtitle, or header to Computer or Telephone Based Media, without the text “a Wellness Advocate” being placed in the same line as, or directly below the title or header. “A Wellness Advocate” must be of a font size that is of a minimum of half the height of the title, subtitle, or header, and must be of a color and style that is equally visible as the title, or header.

Websites

All dōTERRA Wellness Advocates wishing to have a static online dōTERRA presence may only use a dōTERRA approved Replicated Website or Certified Website and must comply with Company minimum advertised price (MAP) policy. To set up your own dōTERRA Replicated Website, login to www.mydoterra.com and click on the “My Website” tab, then follow the instructions to customize your site. A separate licensing agreement will be needed to obtain a Certified Website. To apply for a dōTERRA approved Certified Website please go to, http://doterracertifiedsite.com/registration and submit the requisite information. Once you have applied for a dōTERRA Certified Website your site will be considered for approval. No Certified Website will be permitted without express written approval from the Company, which consent shall be within the sole discretion of the Company. Wellness Advocates may not have any other independent website using or showing dōTERRA trademarks or trade dress (dōTERRA name, pictures or logos, product names, or pictures, etc.). The only Internet sites that may be linked to an official dōTERRA company website is the dōTERRA Replicated Websites. No other websites may be linked to any website mentioning dōTERRA or dōTERRA products or executives.

Disclaimer

Each Computer or Telephone Based Media shall clearly indicate that it is not authored by dōTERRA, or any of its affiliated companies, and that the Wellness Advocate placing such Computer or Telephone Based Media bears all responsibility for the content.

Domain Names

Wellness Advocates may not use dōTERRA Intellectual Property name(s) in a domain name without express written approval from dōTERRA, which consent shall be within the sole discretion of dōTERRA. Such use must also be through a written use agreement signed by dōTERRA. Examples of use that are not acceptable: “doTERRA.com” “doTERRAcompany.com” “doTERRAcorporate.com,” etc. Wellness Advocates should consult the Media Specific Guidelines of their Local Market.

URLs

All computer web URL’s must contain the words “Wellness Advocate.”

Privacy Policy Language

Wellness Advocates must implement a written privacy policy that protects any information gathered from the website from being sold or used by anyone else. Such privacy policy must comply with the laws of the jurisdictions in which the Wellness Advocate conducts business, including without limitation the federal Personal Information Protection and Electronic Documents Act, and Canada’s Anti-Spam Legislation (CASL).

Spam Prohibition

Wellness Advocates may not spam. Canada has adopted anti-spam legislation, CASL, that prohibits sending commercial electronic messages, including email and text messages to persons who have not consented to receiving them, as provided below. Spamming includes, but is not necessarily limited to: (1) sending unsolicited commercial electronic messages, including email or text messages, that contain any email or web addresses or other commercial information from a Wellness Advocate’s account to online users; (2) posting messages that contain the Wellness Advocate’s service address or other commercial information in new groups that are unrelated to the Wellness Advocate’s products; (3) creating false “from sources” in any commercial electronic message, email message, or newsgroup posting with the Wellness Advocate’s service address or other commercial information, thereby giving the impression that the message originated from dōTERRA or its network of Wellness Advocates; (4) sending unsolicited commercial electronic messages, emails, or text messages to lists of people that are not within the Wellness Advocate’s Organization or with whom the Wellness Advocate has not had a prior business or personal relationship, as defined below. All dōTERRA related email broadcasts must only be sent to Wellness Advocates in the Organization of the Wellness Advocate. Emails must not contain any false representations, income claims, or testimonials.

Express Consent

When a Wellness Advocate seeks express consent to send a commercial electronic message, such as email or text messages, CASL requires the disclosure of the following information: i) the purpose of the request (i.e. sending commercial electronic messages); ii) the name of the person/entity seeking the consent, and if different, the person/entity on whose behalf consent is sought, and which party is seeking consent on the other’s behalf; iii) the mailing address, and one or more of a phone number, email address, or web address for one of those persons; and iv) that consent may be withdrawn. Express consent must be through a positive action of the person providing consent; it may not be assumed.

Implied Consent

Under CASL implied consent exists in the case of an “existing business relationship”. “Existing business relationship” is a defined term in the law, and is subject to statutory expiry timelines. Such a relationship will only exist where i) the recipient of the message has made a purchase from the person who sends the message (or causes it to be sent) within the two years prior to the message; ii) the recipient of the message has accepted a business or investment opportunity from the person who sends the message (or causes it to be sent) within the two years prior to the message; iii) there is a written Agreement between the recipient of the message and the person who sends the message (or causes it to be sent) that does not relate to an item set out in i) or ii) above and that is either currently in existence, or that expired in the two years prior to the message; or iv) the recipient of the message made an inquiry or application of the person who sends the message (or causes it to be sent) regarding a purchase or business opportunity in the six months prior to the message. CASL also permits the sending of commercial electronic messages to a person who has a “family relationship” with the Wellness Advocate (defined as a relationship through marriage, common law partnership, or legal parent/child relationship, where there has been voluntary two-way communications), or a “personal relationship” with the Wellness Advocate (defined as a relationship that it is reasonably based on shared interests, experiences and opinions, frequency of communications, where there has been voluntary two-way communications).

Message Content

Under CASL, all commercial electronic messages must include i) the name under which the sender of the message carries on business, and if different, the name under which the person on whose behalf the message was sent carries on business; ii) a valid “physical” mailing address for the sender or the person on whose behalf the message was sent; iii) one of more of an email address, telephone number, or web address for either the sender or the person on whose behalf the message was sent; and iv) an unsubscribe mechanism that functions through the same electronic means used to send the message, and that specifies an electronic address or link to a webpage to which the request can be sent.

Telephone and Fax Communications

The Unsolicited Telecommunications Rules administered by the Canadian Radio-television and Telecommunications Commission define telemarketing as the use of telecommunications for the purpose of solicitation. This will apply to unsolicited commercial telephone calls and fax messages. Telemarketers are required to register with the National Do Not Call List Operator, pay a subscription fee, and meet certain disclosure and recordkeeping requirements. Wellness Advocates are solely responsible for their compliance with the Unsolicited Telecommunications Rules.