A. Permissible Activity in Unopened Markets. Prior to the official opening of an Open Local Market, permissible Wellness Advocate (WA) activity in an unopened Local Market is limited to providing business cards and conducting, organising or participating in meetings where the number of attendees at any given meeting, including the WA, does not exceed five. Participants in such meetings must be personal acquaintances of the WA or personal acquaintances of the WA's personal acquaintances in attendance at the meeting. The meetings must be held in a home or a public establishment but may not be held in a private hotel room. All cold calling techniques (soliciting persons who are not prior personal acquaintances of the contacting WA) are strictly prohibited in unopened Local Markets.
B. Prohibited Acts in Unopened Local Markets.
- A WA may not import or facilitate the importation of, sale, gift, or distribution of, Company products, services, or product samples.
- A WA may not place any type of advertisement or distribute promotional materials regarding the Company, its products or the opportunity, except Company approved Sales Aids, which are specifically authorised for distribution in unopened Local Markets.
- A WA may not solicit or negotiate any agreement for the purpose of committing a citizen or resident of an unopened Local Market to the opportunity, a specific Enroling Sponsor or specific line of sponsorship. Furthermore, WAs may not sign up citizens or residents of unopened Local Markets in an Open Local Market or by using Wellness Advocate Agreement forms (WAA) from an Open Local Market, unless the citizen or resident of the unopened Local Market has, at the time of sign up, permanent residence and the legal authorisation to work in the Open Local Market. It is the Enroling Sponsor’s responsibility to ensure compliance with residency and work authorisation requirements. Membership or participation in, or ownership of a corporation, partnership or other legal entity in an Open Local Market does not by itself fulfill the residency or legal authorisation to work requirements. If a WA fails to provide verification of residency and work authorization when requested by the Company, the Company may, at its election, declare a WAA void from its inception.
- A WA may not accept money or other consideration, or be involved in any financial transaction with a potential WA which rents, leases, or purchases facilities for the 27 | Page dōTERRA New Zealand POLICY MANUAL 2017 purpose of promoting or conducting Company-related business.
- A WA may not promote, facilitate, or conduct any type of activity which exceeds the limitations set forth in this Policy Manual or which the Company, in its sole discretion, deems to be contradictory to the Company's business or ethical interests in international expansion.
C. No Exclusive Local Markets or Franchises. There are no exclusive Local Markets or franchises. A WA has the right to operate anywhere in the WA’s country of residence.
D. Prohibited Local Markets. The Company reserves the right to designate certain Local Markets wherein all pre-marketing conduct is expressly prohibited. It is the responsibility of each WA, prior to each instance of conducting pre-market opening activities in an unopened market, to verify through current contact with the Company that the Local Market in which he/she plans to conduct those activities is not a prohibited Local Market. A WA may obtain a list of prohibited Local Markets by calling the Company.
E. Violation of International Policy. In addition to other remedies allowed by the Contract, a WA who fails to comply with any provision of this Section 14 may be prohibited from participating in the affected international market for a period deemed appropriate by the Company. This prohibition could include but is not limited to the following:
- The WA may have no right to international distribution/sponsorship rights in the affected Local Market;
- The WA and the WA's upline may not be entitled to Bonuses generated by the WA and the WA's Downline Organisation in the respective Local Market;
- Additionally, in all markets, for a period of up to one year, the WA may not be entitled to privileges traditionally afforded WAs such as recognition at corporate events or in corporate literature, and receipt of new WA sign up materials prior to the official opening of any new market.
A WA who has been unable to participate in a market because of non-compliance with this provision of the Policy Manual must petition the Company in writing for written permission to participate in the market after the period of prohibition has passed.
F. No Waiver of Other Rights. The provisions of this section do not waive the Company's rights as set forth elsewhere in the Contract.