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Part VI: Recruitment and Company Relationships to Direct Sellers

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33. Respect of Privacy
 
Companies and Direct Sellers shall contact Direct Sellers only in a reasonable manner and during reasonable hours to avoid intrusiveness. Direct Sellers and Companies shall take appropriate steps to ensure the protection of all private information provided by a Consumer, a potential Consumer, or a Direct Seller, in accordance with the Privacy Act as it applies to privacy and data protection
34. Code of Conduct Compliance
  Member companies of the DSANZ shall require their direct sellers as a condition of membership in the company's distribution system, to comply with the standards of this Code.
35. Relationship
  Member companies shall provide to their direct sellers either a written agreement to be signed by both the Company and the Direct Seller or a downloadable electronic statement containing all essential details of the relationship between the direct seller and the company. Companies shall inform their direct sellers of their legal obligations under New Zealand law including tax obligation, relevant consumer protection, privacy and use of information legislation.
36. Inventory Loading and Repurchase
  Companies shall not require or encourage Direct Sellers to purchase Product inventory in unreasonably large amounts. Companies shall take clear and reasonable steps to ensure that Direct Sellers who are receiving compensation for downline sales volume are either consuming or reselling the Products they purchase in order to qualify to receive compensation.

If requested upon cessation of a Direct Seller’s relationship with a Company, Companies shall buy back any unsold, re-saleable Product inventory, promotional material, sales aids and kits, purchased within the previous twelve months and refund the Direct Seller’s original cost, less a handling charge to the Direct Seller of up to 10% of the net purchase price. The Company may also deduct the cost of any benefit received by the Direct Seller based on the original purchase of the returned goods. This inventory repurchase policy must be clearly communicated to Direct Sellers.

It shall be considered an unfair and deceptive recruiting practice for a company or salesperson to require or encourage an independent salesperson to purchase unreasonable amounts of inventory or sales aids.

The Code Administrator may employ any appropriate remedy to ensure any individual salesperson shall not incur significant financial loss as a result of such prohibited behaviour.

The Code Administrator, upon finding a member company has engaged in false, misleading or deceptive recruiting practices, may employ any appropriate remedy to ensure any complainant shall not incur significant financial loss as a result of such prohibited behaviour, including but not limited to requiring such member company to repurchase any and all inventory, promotional materials, sales aids and/or kits which a complainant has purchased.

37. Earnings and Accounts
  Companies shall provide direct sellers with periodic accounts concerning, as applicable, sales, purchases, details of earnings, commissions, bonuses, discounts, deliveries, cancellations and other relevant data in accordance with the company’s arrangements with the direct seller.

All monies due shall be paid and any withholdings made in a commercially reasonable manner.

Earnings paid to Direct Sellers shall be derived from sales of products or services to consumers. Earnings of Direct Sellers may be based on the sales and personal consumption by the Direct Sellers and their downlines.

Direct Sellers shall not receive earnings for recruiting other Direct Sellers into a sales system; except that companies may provide Direct Sellers with minimal incentives which are in accordance with New Zealand law.

38. Earnings Claims
  1) Companies and Direct Sellers shall not misrepresent the actual or potential sales or earnings of their Direct Sellers.

2) Earnings representations and sales figures must be:

a) truthful, accurate, and presented in a manner that is not false, deceptive or misleading, and

b) based upon documented and substantiated facts in the relevant market.

3) Potential direct sellers must

a) be informed that actual earnings and sales will vary from person to person and will depend upon the skills of the seller, the time and effort put in and other factors and;

b) be provided with sufficient information to enable a reasonable evaluation of the opportunity to earn income.

39. Fees
  Companies and Direct Sellers shall not require Direct Sellers or prospective Direct Sellers to pay more than reasonable fees (according to local market) for any of the following: entrance fees, training fees, franchise fees, fees for promotional materials or other fees related solely to the right to become or remain a participant in the company’s distribution system.

Any fees charged to become a Direct Seller shall relate directly to the value of materials, products or services provided in return.

No company shall require product purchases as part of the application process unless included in the starter kit. However, where not prohibited by law, mandatory purchase of a starter kit is permitted.

Any required fees charged to become or remain a Direct Seller including any required additional service offered by the company ( e.g. on-line training , e-commerce or other internet solutions, shipment costs ) shall be fully refundable (less any commission earned by the Direct Seller ) in the event the Direct Seller terminates his/her distributorship within 30 days of payment.

The refundable fees are limited to those paid by the Direct Seller in the 30 days prior to the distributor termination.”

Any commissions paid on fees charged to become or stay a Direct Seller, which are, in effect, remuneration for recruiting Direct Sellers into a sales system, shall be prohibited

40. Other Materials
  Companies shall prohibit Direct Sellers from marketing to other Direct Sellers any materials that are not approved by the Company and that are inconsistent with Company policies and procedures Further Direct Sellers who sell company approved legally allowed promotional or training literature, whether in hard copy, electronic or any other form, shall;
  a) Offer only materials that comply with the same standards to which the Company adheres
  b) Refrain from making the purchase of such sales aids a requirement of downline Direct Sellers
  c) Provide sales aids at a reasonable and fair cost, without any significant profit to the direct seller, equivalent to similar material available generally in the marketplace and
  d) Offer a written return policy that is no less favourable to the Direct Seller than the return policy of the Company the Direct Seller represents. Companies shall take diligent, reasonable steps to ensure that sales aids produced by Direct Sellers comply with the provisions of this Code and are not misleading or deceptive
e) Compensation received by Direct Sellers for sales of training and promotional materials to become or stay a Direct Seller which is, in effect, remuneration for recruiting Direct Sellers into a sales system, shall be prohibited
41. Direct Seller Training
  Companies shall provide adequate training to enable Direct Sellers to operate ethically.
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