Malaysia
Policy & Terms
Terms Of Use
Terms Of Use
Accesses to and use of the Amway.my and the products and services available through this Web site are subject to the following Terms of Use. The words 'we', 'us' and 'Amway' mean Amway (Malaysia) Sdn Bhd, Amway (B) Sdn Bhd, Amway (Singapore) Pte Ltd and Amway.my. The term 'you' and 'your' refer to ABOs, customers and public.
- Acknowledgement & acceptance of Terms of Use
These terms of use currently apply but may be amended or edited from time to time. Please read these terms of use carefully before you use this website. By using this website, you expressly agree to be bound by these terms as they now are or as amended or edited from time to time and acknowledge that you have read, understood and accepted them. However, if after having read these terms of use and you do not agree with them you must discontinue your use of this site.
- Governing Law
All matters and issues relating to the use or interpretation of these terms of use shall be governed by Malaysian laws for Malaysian citizens and / or permanent residents. All matters and issues relating to the use or interpretation of these terms of use shall be governed by Brunei laws for Brunei citizens and / or permanent residents.
- Intended Use
This site is a business and commercial site, and therefore is not intended for persons under the age of 18. If you are under 18, you should speak to your parents, your guardian, or a responsible adult and obtain their permission to use this site.
- Disclaimer and Limitation of Liability
The information, materials and services contained on this site are provided to you on a "as is", and "as available" basis. We do not warrant or guarantee the accuracy or completeness of this information, statements, contents or materials, and expressly disclaim any liability for any errors, omissions and/or inaccuracies in this information, statements, contents and materials. Amway.my shall endeavor its best but is not obliged to correct any inaccuracies, errors, omissions or typographical errors in the information posted to this Web Site, and such information including information on pricing and availability of goods may be changed, amended or updated without notice.
To the maximum extent permitted by law, unless otherwise specified, we disclaim all representations and warranties of any kind, whether express, implied or statutory. In addition, we do not warrant, guarantee or make any representation regarding the security of accounts, or that this site is free form destructive material, including but not limited to computer viruses, hackers, or other technical sabotage, nor do we warrant, guarantee or make any representations that access to this site will be fully accessible at all times, uninterrupted, or error-free.
To the maximum extent permitted by law, we disclaim liability for any damages including, without limitation, direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders, lost profits, lost registrations, lost goodwill, or lost or stolen programs or other data, however caused and under any theory of liability arising out of or in connection with:
i. use of this site, or inability to see this site by any party; or ii. any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or iii. line or system failure or the introduction of a computer virus, or other technical sabotage, even if we or our employees or representatives are advised of the possibility or likelihood of such damages, losses or expenses.
In the event that any provision(s) contained in these Terms of Use is held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the remainder of the terms which shall be construed and enforced as if the invalid or unenforceable term(s) or provision(s) had never existed. Amway's failure to insist upon or enforce strict performance of any term(s) or provision(s) contained herein shall not be construed as a waiver of any terms, provision or right. - Intellectual Property
Unless otherwise indicated, all Web Site design, text and graphics is Copyright 2001 Amway.
All Rights reserved. Except as stated herein, none of the material may be copied, downloaded, displayed, posted, transmitted used or reproduced in whole or part in any form or by any means for any purposes unless such use is permitted by Amway.
Trademarks
All trade names, domain names, brand names, trade symbols, logos, slogans, trade marks or services marks consisting of the name AMWAY and whether followed with an asterisk (*) or TM are trademarks or proprietary interests of Alticor Inc and Amway Corporation, Ada, Michigan, USA. There are other trade names, brand names, trade symbols, logos, slogans, trade marks, service marks, brand names, company names, logos, slogan, trade marks or service marks indicated on this Web Site that are the property of their respective owners.
- Links
This Web Site may contain numerous links to other Internet Sites including, without limitation, i.e. other affiliation sites and sites that may provide advice or other goods and services which are operated by third party vendors. The provision of the link does not mean that we endorse or accept any responsibility for the content, use, or products and services made available through the associated Web Sites. By utilising these links, you acknowledged and agreed that we are not responsible for the actions, contents, accuracy, privacy, policies, opinions expressed, services provided, goods sold, or other links provided by these sites. You further acknowledged and agreed that we are not responsible either directly or indirectly for any damage or loss caused by use of or reliance on linked sites. Should you have any questions regarding these sites, you should address them directly with the relevant site administrator.
- Dispute Resolution
Any dispute arising in connection with these Terms of Use or in connection with the use of the Amway.my website which cannot be resolved by goodfaith negotiations shall be referred to mediation or to arbitration.
- No Unlawful or Prohibited Use
As condition of your use of this Web Site, you will comply with all applicable laws, statutes, ordinance and regulations regarding your use of our service and any related activities. In addition, you warrant that you will not use this Web Site for any purposes that is unlawful or prohibited in law or by these terms, conditions and notices. You agree:
i. Not to upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harrassing, tortious, defamatory, vulgar, obscene, libelous, invasive if anothers' privacy, hateful, or racially, ethnically or otherwise objectionable. ii. Not to upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. iii. Not to collect or store personal data about other users. iv. Not to interfere with or disrupt the service or services or networks connected to the service, or disobey any requirements, procedures, policies or regulations of the networks connected to the service. - Submissions
Any material, information or ideas you transmit or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Amway or its related and affiliated companies for any purposes whatsoever, including, but not limited to, reproduction, transmission, publication, broadcast, posting, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to Amway will be handled in accordance with Amway Privacy Policy. Amway have no responsibility to respond to messages posted at this site.
- Security
We understand that shopping on the Internet security is of paramount importance to you. We guarantee that all reasonable precautions to protect your Amway.my transactions have been taken so that you can have as safe and secure a shopping experience as can be reasonably provided.
When you place orders on Amway.my, your transactions are encrypted using Secure Sockets Layer (SSL) encryption technology. Encryption scrambles the information transmitted across the Internet, including names and address. SSL also verifies the identity of the server and confirms that the original message arrives safely at its destination.
PRIVACY POLICY
We recognized that your privacy is very important to you and to most people who use the Internet. Our privacy policy is detailed below and we suggest that you read it thoroughly. This policy may change from time to time and all changes will be posted here on this Web Site. When so posted, they shall become effective immediately. It is your duty to monitor the changes posted.
This policy addresses what information we collect, how we use it, how to correct or change it, and how we protect and store it.
We collect personal information and we use that information mainly to help us understand your needs so that we may better service you.
The types of personal information that we may collect from you and how we use it will depend on how you use this Web Site.
Registration Obligation
You shall:
| i. | Provide true, accurate, current and complete information about yourself as prompted by the Registration form. |
| ii. | Maintain and promptly update the Registration data to keep it true, accurate, current & complete. |
All ABOs must use a confidential password, which you will need, together with the identification number that Amway will assign to you in order to log on to the password protected areas of this Website. You shall maintain the confidentiality of any identification number, PIN or password provided. You shall immediately notify Amway of any unauthorised use of these Identifiers, or any other breach of security. You are fully responsible for all activities that occur under these Identifiers. Amway is not responsible for any misuse of your account by someone who uses your Identifiers.
Termination
You agree that Amway, in its sole discretion, may terminate your password, account (or any other part thereof) or use of the service, and remove and discard any content within, for any reason, including, without limitation, for lack of use or if Amway believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use.
Survey and questionnaires
Amway.my may contain several optional surveys and questionnaires throughout the site asking for information. We use the information you provide to help customize your shopping experience, showing you the content we believe you might be interested in, in order of your reference, as well as to provide advice and purchase recommendations.
How do we use your information
Your personal information may be used by us for a number of purposes including, without limitation, research and statistical analysis and marketing. In terms of marketing, from time to time we may send out promotional and marketing materials about such things as great product offers or new Web Site features to users who are 18 years and above.
Sharing your personal information with third parties
Unless otherwise specified or required by law or unless it is necessary for the purposes of performing services with respect to your use of this Web Site, we will not share your personal information with third parties, except your name, identification number, contact details and the value of the purchases you have made, will be made available to your referring or sponsoring ABO, or the current ABO servicing you. In addition, your ABO will have access to your ABO Amway Authorisation number and the value of your purchase.
When necessary, your personal information may be divulged by Amway to Amway's agents or contractors for the purpose of performing services for Amway. These agents or contractors will be prohibited from utilising this information in any way other than to provide the services contracted for by Amway.
Cookies on amway.my
A cookie is a small text file that may be used by Amway.my to help identify you. On this Web Site, Amway.my uses cookies for two things: personalization and authentication. In other words, to help you customize your Web experience and to verify whom you are. It's important to note that our cookies are safe.
Rules Of Conduct
Rules Of Conduct
SECTION 1 - INTRODUCTION
The Rules of Conduct (“Rules” or “RoC”) define and establish:
| 1. | Certain principles to be followed in the development and maintenance of an Amway Business. |
| 2. | The rights, duties, and responsibilities of each ABO. |
The terms and conditions of this relationship are set forth in:
| 1. | The Amway ABO Contract. |
| 2. | The Business Manual, which include these Rules of Conduct. |
| 3. | Other official Amway literature, publication, notification or communications. |
While the Rules primarily define relationships between Amway and ABOs, they also concern relationships among ABOs. Its objectives are:
- To ensure an equal opportunity for ABOs through ethical and responsible business conduct.
- To protect and build a conducive environment for a long-term and profitable Amway business.
- To promote unity and harmony among ABOs.
- To preserve the benefits of the Amway Sales & Marketing Plan equitably for all ABOs.
From time to time, the contents of these documents may change. Amway will notify the ABO leadership of such changes. Upon final notification by Amway with respect to those changes presented to the ABO leadership, such changes will be communicated to all ABOs in a timely manner in the Amway Achieve, Amagram and other official Amway communications and literature, and shall become effective upon publication. In order to preserve the goals and purposes of the Amway Sales & Marketing Plan, Amway reserves to itself the sole right to adopt, amend, modify, supplement, or rescind any or all of these Rules, as necessary.
SECTION 2 - DEFINITIONS
| - | ABO (Amway Business Owner): An independent contractor who has had his/her Amway application Form accepted by Amway. | |||||||||
| - | ABOship: An ABOship is another way to describe an Amway business, which is identified by an ABO number. | |||||||||
| - | ABO Contract: Refers to the ABO Application along with the incorporated documents that form the terms of the contractual agreement between the ABO and Amway. | |||||||||
| - | ABO in Good Standing: For the purposes of interpreting and enforcing the Rules of Conduct only, the term “good standing” shall refer to an ABO who is currently authorized by Amway to hold himself out as a ABO and whose conduct complies with the letter and spirit of the Rules of Conduct and Amway Business Policies for each market in which an ABO has a presence; is not engaged in conduct that negatively affects the reputation of Amway, Amway’s affiliates, and its ABO; is not engaged in conduct that supports or defends the activity of other ABOs which jeopardizes the ongoing nature of an Amway affiliate or otherwise is inconsistent with the other criteria set forth herein; is not engaged in conduct that does not comply with all applicable laws and regulations in each country and whose conduct does not demonstrate cultural sensitivity given market conditions. | |||||||||
| - | Amway: “Amway” shall mean Amway Malaysia Sdn. Bhd./Amway B Sdn. Bhd. | |||||||||
| - | Amway Business: A business, as identified by the ABO number and the Amway Application for Appointment as an Authorised ABO of Amway Products Form. | |||||||||
| - | Amway Business Kit or Amway Welcome Pack: The collection of literature, sales aid and other materials that ABOs are required to possess in connection with acceptance by Amway of their application and the ABO Contract. | |||||||||
| - | Amway Business Opportunity: The products, marketing, support and compensation system offered by Amway. | |||||||||
| - | Amway Business Policies: Rules and policies set forth in official Amway literature, including the Rules of Conduct and various other policies and bulletins that may be maintained by Amway from time to time which are incorporated by reference into; (1) the ABO Contract, (2) the Business Manual, and (3) other official Amway literature or communications. | |||||||||
| - | Amway Produced Business Support Materials (“Amway BSM”): BSM produced by, or on behalf of Amway. | |||||||||
| - | Amway Products: All goods and services, including literature and other support or auxiliary materials, made available by Amway Malaysia/Brunei to ABOs. | |||||||||
| - | Amway Sales & Marketing Plan (“Plan”): The system used to calculate the Bonus compensation and recognition for ABOs based on product sales as described in the Amway Business Manual and other official Amway literature. | |||||||||
| - | Bonus: The monetary rewards that Amway pays to ABOs in accordance with the Amway Sales & Marketing Plan. | |||||||||
| - | Business Support Materials (“BSM”): The definition for BSM is intended to be interpreted broadly and means all products and services (including, but not limited to, books, magazines, flip charts, and other printed material; online literature; Internet websites; audio, video, or digital media; rallies, meetings, and educational seminars), which are: (i) designed to solicit and/or educate Prospects, customers, or prospective customers about AMWAY ® products and services, or to support, train, motivate, and/or educate ABOs, or (ii) which incorporate or use one or more of Amway’s name, or trademarks, service marks, copyrighted works, or other intellectual property belonging or licensed to Amway, or (iii) otherwise offered with an explicit or implied sense of affiliation, connection, or association with Amway. When the term BSM is used without the preface “Amway Produced”, it refers to non-Amway produced BSM only. | |||||||||
| - | Digital Communications: Digital Communications are electronic transmissions (generally by computer or mobile device) of text, data, images, video, voice and other information including, without limitation, any posts or publications made available within the digital space, including emails, videos, live streaming, podcasts, blog posts, mobile applications (apps), advertising, forums, webpages, and through any social media or messaging platform, e.g. Facebook®, Instagram®, Line®, Snapchat®, Telegram®, Twitter®, WeChat®, WhatsApp® or YouTube®. | |||||||||
| - | Digital Communications Standards (“DCS”): The document published by Amway and amended from time to time, containing those terms that ABOs must comply with when engaging in any digital communications regarding the Amway opportunity, Amway products or Amway services (directly or indirectly). The DCS are fully incorporated into and made enforceable as a part of these Rules of Conduct. | |||||||||
| - | Leg: A downline ABO and all other ABOs that are downline of that ABO. | |||||||||
| - | Line of Sponsorship (“LOS”): The structural organisation of ABOs established by the contractual relationship that each ABO has with Amway. | |||||||||
| - | LOS Information: Includes all information that discloses or relates to all or part of the structural arrangement of ABOs within the Line of Sponsorship, including but not limited to ABO numbers and other ABO business identification data, ABO personal contact information, ABO business performance information, and all information generated or derived there from, in its present or future forms. | |||||||||
| - | Platinum: An ABO who has achieved a certain level of business activity as specified by the Amway Sales & Marketing Plan. | |||||||||
| - | Prospect: A potential ABO or customer. | |||||||||
| - | Quality Assurance Standards (“QAS”): The document published by Amway and amended from time to time, comprising the Program Standards and the Content Standards, as those terms are defined in the QAS, which collectively contain the mandatory processes, requirements, subject matters, messaging, content, and material for BSM, ABO communications, and statements relating to the Amway business. The QAS are fully incorporated into, and made enforceable as a part of, these Rules of Conduct. | |||||||||
| - | Sponsor: There can be one of three relationships. | |||||||||
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SECTION 3 - BECOMING AN ABO
| 3.1 | ABO Application Form and Business Kit: To become a duly authorised ABO capable of merchandising Amway’s products and services and sponsoring other ABOs, an applicant must apply for authorization from Amway by completing and signing the ABO Application Form and obtain the Amway Business Kit. The completed ABO Application must be sent to Amway immediately, and accepted by Amway as authorised in accordance with the provisions of Section 3.3. No ABO shall present the Amway Business Opportunity as anything other than a business opportunity available to Malaysia and Brunei citizens. |
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| 3.2 | Husband and Wife ABO: Individuals who are husband and wife shall, upon acceptance by Amway, be authorised as one ABOship. A person whose spouse is an authorised ABO shall not be eligible to apply as an authorised ABO of another ABOship. |
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| 3.3 | Requirements: Without limiting any of Amway’s rights, the following are requirements for becoming an ABO or renewing an ABOship: |
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| 3.4 | Acceptance or Rejection of ABO Application or Renewal: Amway reserves the right to accept or reject any ABO Application. Likewise, Amway reserves the right to refuse any Renewal request and can revoke the ABOship if an ABO’s activities have not been in accordance with the Rules of Conduct or if the ABO is not in Good Standing or has not complied with the requirements of Section 3.3. |
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| 3.5 | ABOs Operated through a Legal Entity: A party to an ABO Contract may apply to Amway to operate the ABOship through a legal entity, provided it complies with certain requirements and conditions, including where legally feasible, the entity’s sole purpose is the operation of the Amway Business Opportunity. Contact Amway for current information. The person signing the ABO Contract on behalf of a legal entity must be an authorised representative of that legal entity and must personally meet the qualifications set forth in Section 3.3. A legal entity may be required to submit, in addition to other documents, proof of existence and qualification to conduct the activities anticipated in the ABO Contract, proof of compliance with applicable registration requirements, a document (such as an Authorisation for Legal Entity Form) containing various information about and agreements of both the legal entity and the founders and management of the legal entity, or such other similar information and documentation as Amway may request. |
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| 3.6 | Date of Authorization: The date of authorization as an ABO is when the ABO Application has been processed and accepted by Amway. |
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| 3.7 | Prohibited Sponsoring Practices: A sponsor shall not impose on a Prospect, nor any ABO, as a condition to receiving from the Sponsor assistance in the development of such person’s ABOship, conditions such as: |
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| 3.8 | Term and Expiration: Unless the term is renewed in accordance with Section 3.9 of the Rules of Conduct and the Amway Business Policies, an ABOship expires or may be terminated in accordance with its terms. As specified in the ABO Contract, unless earlier terminated by an ABO or Amway, the ABOship shall expire on the one year anniversary of his/her original application. |
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| 3.9 | Renewal: An ABOship may be renewed at the discretion of Amway provided the ABO is not in violation or breach of Amway’s Rules and Policies and terms of the ABO Contract in any market. To be eligible for extension, an ABO must submit (annually) a notice to Amway requesting that the ABOship be renewed (annually). If accepted by Amway, any extension of the term of the ABO Contract and Amway’s Rules and Policies shall be effective from the date of extension and concluding 12 months thereafter. The terms of such extension shall be the terms and conditions of the ABO Contract in effect at the time of extension. Without limiting Amway’s discretion to deny extension of an ABOship, the following shall automatically disqualify an ABO from extension of his/her ABOship. |
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| 3.10 | Termination: An ABO may terminate the ABOship at any time by providing Amway with a written notice of termination at Amway’s address. Amway may terminate the ABOship at any time by providing the ABO with a written notice of termination at his/her specific address if he/she fails to comply with the Amway Business Policies, including the Amway Rules of Conduct, the Amway Sales & Marketing Plan and other policies maintained by Amway and which have been incorporated into the ABO Contract. |
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| 3.11 | Invitations Limited to Husband and Wife only: Invitations for business seminars, incentive trips and other events organised by Amway will only be extended to the authorised ABO and the legal and registered spouse per ABOship. These individuals shall be listed on Amway’s records. |
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| 3.12 | Conspiracy; Inducement to Breach: An ABO shall not conspire with any other person to breach or induce a breach of any Rules of Conduct or the Amway Business Policies or to induce or attempt to induce another ABO to breach any of the Rules of Conduct or the Amway Business Policies. Any such activity shall constitute a breach of the Rules of Conduct or the Amway Business Policies. |
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| 3.13 | Exceeding Scope of Authorization: An ABO shall not exceed the scope of authorisations granted pursuant to the ABO Contract. Any such activity shall constitute a breach of the ABO Contract. |
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| 3.14 | Representations and Warranties: An ABO shall not make any false representation or statement to Amway, nor induce Amway to enter into an ABO Contract under false pretenses, nor breach any representation or warranty implied in this contract or by law. Any such activity shall constitute a breach of the Rules of Conduct or the Amway Business Policies. |
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| 3.15 | Multiple Breaches: It is a breach of the Rules of Conduct or the Amway Business Policies for an ABO to allow any breach to remain uncorrected following notification from Amway of the existence of the same, or to have multiple simultaneous, serial or repeating breaches of the Rules of Conduct or the Amway Business Policies. |
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| 3.16 | Unauthorized Amway Business Owner Activity in Unopened Markets: Each ABO has an ABO Contract that authorizes the ABO to engage in activities within the countries and territories described in that ABO Contract (“Opened Market”). Any activity taken in furtherance of an Amway business in any country or territory other than an “Opened Market” is considered “Unauthorized Activity” and is strictly forbidden. No ABO shall conduct unauthorized activities in markets Amway has not opened (also refer to the Unauthorized ABO Activity in Unopened Markets Policy, available on the website). |
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| 3.17 | Circumvention of the Rules of Conduct: In case of any attempt to circumvent or act against the intent and spirit of the Rules of Conduct, Amway may at any time take corrective action at its discretion. |
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SECTION 4 - RESPONSIBILITIES AND OBLIGATIONS OF ALL ABOS
| 4.1 | Abide by the Amway Business Policies/Amendments/Duty of Good Faith: At all times, ABOs must adhere strictly to the guidelines, procedures and policies stated in the Amway Business Policies of which these Rules of Conduct are a part, in addition to the Amway Sales & Marketing Plan, and, in each case, any amendments made to such from time to time. All ABOs are charged with the duty of good faith and fair dealing under the terms of the ABO Contract. |
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| 4.2 | Cross Group Buying or Selling/Supplying: No ABO shall engage in cross-group buying or selling/supplying. “Cross group buying and selling/supplying” occurs when an ABO sells or supplies Amway distributed or supplied products and/or services to another ABO who is not personally sponsored and downline of those sponsored, down to the next Platinum. |
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| 4.3 | Retail Stores: | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| 4.4 | Truthful and Accurate: No ABO shall make any offer to sell any Amway products or services which are not accurate and truthful as to the price, grade, quality, performance and availability. ABOs shall not: |
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| 4.5 | Repackaging: ABOs may not repackage products, change the content of products or otherwise change or alter any of the packaging labels of Amway products or services. |
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| 4.6 | Written Sales Receipt: An ABO who takes and/ or delivers an order in person shall deliver to the customer at the time of sale, a written and dated order or receipt which shall: (a) describe the product(s) sold, (b) state the price charged, and (c) give the name, address, and telephone number of the selling ABO. |
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| 4.7 | Satisfaction Guarantee: Whenever a customer requests the Satisfaction Guarantee service within the stated guarantee period, an ABO shall immediately offer the individual his/her choice of a: (a) full refund; (b) exchange for a like product; or (c) full credit towards the purchase of another product. |
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| 4.8 | Compliance with Applicable Laws, Regulations and Codes: ABOs shall comply with all laws, regulations and codes that apply to the operation of their ABOship wherever their business may be conducted. ABOs must not conduct any activity that could jeopardize the reputation of the ABO and/or Amway. Upon request, ABOs shall forthrightly provide any information requested about an ABO’s activities or any other activities known by the ABO (even with respect to other ABOs). In all such communications with Amway, the ABO shall act with absolute candour and good faith. |
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| 4.9 | Deceptive or Unlawful Trade Practices: No ABO shall engage in any deceptive or unlawful trade practice. |
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| 4.10 | Unlawful Business Enterprises or Activities: An ABO shall not operate any illegal or unlawful business enterprise, engage or participate in any illegal or unlawful business activity. |
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| 4.11 | Professionalism: An ABO shall at all times conduct himself/herself in a courteous and considerate manner and shall not engage in any high-pressure tactics, but shall make a fair presentation of Amway products or services, or the Amway Sales & Marketing Plan, when and where appropriate. |
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| 4.12 | ABO Relationship: No ABO shall represent that he/she has any employment relationship with Amway or any of its affiliated companies and/or other ABO. |
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| 4.13 | Franchises and Territories: No ABO shall represent to anyone that there are exclusive franchises or territories available under the Amway Sales & Marketing Plan. |
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| 4.14 | Other Selling Activities: Except as provided in the Digital Communications Standards, ABOs may not take advantage of their knowledge of or association with other ABOs, including their knowledge resulting from or relating to the Line of Sponsorship, in order to promote and expand other business ventures. Such conduct constitutes an unwarranted and unreasonable interference with the business contracts of other ABOs and Amway. |
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| 4.15 | Interference in another ABO’s ABOship; Inducement: It is a breach of the Rules of Conduct or the Amway Business Policies for an ABO to: |
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| 4.16 | Exporting Amway’s Products: No ABO may export or import, or sell to others who import or export, Amway’s products from any other country in which Amway has established operations, into any country regardless of whether or not Amway is doing business in that country. ABOs may, however, take Amway products across borders for personal use, with the following limitations: |
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| 4.17 | Retail Effort Rule: Amway pays bonuses under the Amway Sales & Marketing Plan based on sales to end consumers. For an ABO to be entitled to bonuses and/or qualifications under the Amway Sales & Marketing Plan, that ABO’s purchases must be consumed or sold to end consumers within a reasonable period as determined by Amway. Amway reserves the right to deny all qualifications, awards and rewards if in Amway’s sole judgment, the ABO’s purchases are not in compliance with this rule. |
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| 4.18 | Digital Communications: Digital Communications as used in these Rules means electronic transmissions (generally by computer or mobile device) of text, data, images, video, voice and other information including, without limitation, any posts or publications made available within the digital space, including emails, videos, live streaming, podcasts, blog posts, mobile applications (apps), advertising, forums, webpages, and through any social media or messaging platform, e.g. Facebook®, Instagram®, Line®, Snapchat®, Telegram®, Twitter®, WeChat®, WhatsApp® or YouTube®. The Rules apply to ABO Digital Communications regarding Amway, the Amway opportunity, Amway products and services (directly or indirectly), or when the digital communications constitute BSM as defined under the Rules and BSM Policy. Since the digital space is unique, Amway has established the Digital Communications Standards (DCS) to ensure that ABO Digital Communications are in compliance with the Rules. The DCS are incorporated into and made a part of these Rules, and ABOs must comply with the DCS. A copy of the currently applicable DCS is available upon request from Amway. |
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| 4.19 | Fundraising: No ABO shall use Amway products in conjunction with any type of fundraising activity. Fundraising includes but is not limited to the solicitation for the purchase of Amway products or services based on the representation that all, or some, of the gains, proceeds, bonuses, or profits generated by such sale will benefit a particular group, organisation or cause. |
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| 4.20 | Amway Sales and Marketing Plan Manipulation: No ABO shall manipulate the Amway Sales & Marketing Plan or award volume in any way which results in the payment of Bonuses or other awards and recognition that have not been earned in accordance with the terms of the Amway Sales & Marketing Plan and/or the Amway Business Manual. In this regard, the strategic and artificial structuring of an Amway Line of Sponsorship for the purpose of depth building, whether or not there are relationships between those who are sponsored and those who sponsor, is considered to be manipulation and an unacceptable business practice. Amway at its sole discretion will determine what constitutes manipulation of the Amway Sales & Marketing Plan. |
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| 4.21 | Personal/Business Information Update: All ABOs are responsible for communicating any updates or changes to their personal information (e.g. name, address, telephone numbers, email address, marital status, etc.) or business information (e.g. change of business status, etc.) to Amway. |
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| 4.22 | Proprietary Information: In addition to the provisions contained in Section 9 of the Rules of Conduct, pertaining to the use of the Amway trade name, trademarks and copyrighted materials, Amway’s confidential and proprietary business information including, by way of example and without limitation, Line of Sponsorship information (i.e. information compiled by Amway that discloses or relates to all or part of the specific arrangement of sponsorship within the Amway business, including, without limitation, ABO lists, sponsorship trees, and all ABOs or Amway business information generated there from, in its present and future forms), business information, manufacturing and product development plans, business plans, and ABO sales, earnings and other financial information, etc., constitute commercially advantageous, unique, and proprietary trade secrets and business secrets of Amway which it keeps proprietary and confidential and treats as trade secrets and business secrets and constitute “Proprietary Information” subject to the ABO Contract. |
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| 4.23 | Presentation Rules: The content of the presentations which include or support the promotion of the retailing of Amway products and services, or the Amway Sales & Marketing Plan, must otherwise be in accordance with the following: |
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| 4.24 | Activity Outside Malaysia/Brunei or Activity Outside The Market Where The ABO Is Registered: ABOs who engage, directly or indirectly, in any activity related to the Amway business in a jurisdiction outside of Malaysia/Brunei must do so in a manner that complies with the letter and spirit of the applicable laws, regulations, and rules, policies and procedures of the Amway affiliate in that jurisdiction, regardless of whether they are registered ABOs in that jurisdiction. Failure to do so shall be a breach of the ABO Contract. |
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| 4.25 | Advertising: An ABO may not present the Amway Business Plan or solicit participation in the Amway Business Plan through any broadcast communication methods including mass mailings, telemarketing, national or international advertising, radio, television, facsimile services, or any other means by which personal contact with a Prospect is not present. Advertising is allowed in a limited context as described in the Digital Communication Standards. |
SECTION 5 – RESPONSIBILITIES AND OBLIGATIONS OF ALL SPONSORS/PLATINUMS
Each Amway Business Owner (ABO) is responsible for building his/her own Amway business. Amway recognizes that proper support, training and motivation from the Sponsor/Platinum are also important to the continued growth of Amway businesses downline. However, Sponsor and other upline activities must never undermine the independence and personal effort of each Amway business or improperly interfere with the relationship between Amway and each ABO. ABOs who qualify at the Emerald or Diamond level should only support and communicate with ABOs in their downline qualified Emerald and/or Platinum Business Groups as set forth in Rule 5.2.5 below.
Furthermore, Section 5 prohibits excessive or improper upline involvement which may also constitute the manipulation of the Amway Sales and Marketing Plan (Section 4.20).
Amway reserves the right to evaluate the type and frequency of upline involvement to determine whether it constitutes interference in violation of the Rules of Conduct.
| 5.1 | Duties and Responsibilities of Sponsors: An ABO who engages in sponsoring activity or who sponsors an ABO shall: |
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| 5.2 | Duties and Responsibilities of ABOs at Platinum Level and Above: The following are some of the responsibilities and functions of an ABO at Platinum level and above: |
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| 5.3 | Training and Motivation: Conduct, or provide access to, training and motivation that complies with the Rules, including the incorporated QAS. |
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SECTION 6 - PRESERVATION OF THE LINE OF SPONSORSHIP
| 6.1 | Protection of the Line of Sponsorship: The sale of an ownership interest in an ABOship, or transferring an ABOship, requires prior approval by Amway. This approval shall be at Amway’s sole discretion. |
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| 6.2 | Individual Transfers: An individual transfer involves the transfer of an ABO without any of his/her sponsored ABOs. Without limiting or restricting in anyway Amway’s powers and discretion under Section 6.1: |
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| 6.3 | Group Transfers: A group transfer involves the transfer of an ABO with all or some of his/her personally sponsored and downline of those sponsored. Without limiting or restricting in any way Amway’s powers and discretion under Section 6.1: |
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| 6.4 | Six Months Inactivity: An ABO who wishes to terminate (by resignation or failure to extend) his or her ABOship under his or her present Sponsor and who thereafter becomes inactive for a period of six or more consecutive months shall cease to be an authorized ABO and may, following the lapse of said inactive period, apply as a new ABO under a new Sponsor. The date on which Amway receives the letter of resignation begins the inactivity period. A person who has not renewed his/her ABOship will be considered expired and must remain inactive for six months from the beginning of the following month. |
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| 6.5 | Sale of an ABOship: An ABO who owns an ABOship, whether or not qualified as Platinum or above may sell his/her ABOship only to another authorized ABO as prescribed by this rule. Amway requires that specific terms of sale be included in any sales agreement. In order to preserve the Line of Sponsorship, the selling ABO must offer his/her ABOship in the order of priority stated below and the ABO interested in purchasing the ABOship must meet all of the terms and conditions as set forth in these rules. The purchased business shall remain separate from the buyer’s other Amway business and the Line of Sponsorship shall not be altered in any way as a result of the sale. |
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| 6.6 | One Amway Business Rule: An ABO may own, have an interest in, be a signatory on or be listed as a designee on only one ABOship, except as provided in Section 6.6.1 – 6.6.5. Only under the following circumstances may an ABO have ownership interest in more than one ABOship: |
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| 6.7 | Mergers and Combinations of ABOships: No merger or combination of two or more existing ABOships by reason of intentional affirmative act on the part of the owners shall be permitted which results in the merging ABOships obtaining any level of achievement. |
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| 6.8 | Divorce, Separation, or Other Dissolution: Whenever a business is ordered to be separated or divided as the result of a divorce, dissolution of a corporation or partnership (where applicable), the separation or division must be accomplished in such a way as to not adversely affect the interests and/or income of the ABO in the Line of Sponsorship. During the division or separation process, neither party shall administer or operate, together or separately, any other ABOship without Amway’s express written consent. |
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| 6.9 | Disposition of an ABOship: If an ABO terminates his/her ABOship with Amway, or fails to apply for extension of the ABOship within the required time period, or dies without leaving heirs who are willing and able to assume responsibility for the ABOship, Amway, at its sole discretion, shall decide the future of the ABOship in accordance with Section 14. |
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| 6.10 | Non-Compete/Non-Solicitation: | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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SECTION 7 - BUSINESS SUPPORT MATERIALS (BSM)
While Amway does not require anybody to purchase BSM, ABOs may decide that they can play a useful role in building a profitable business or achieving goals. BSM are entirely optional and any ABO who chooses to promote, use, sell or distributes BSM must emphasize in writing that the purchase is strictly voluntary and that any ABO who purchases BSM shall be able to return the BSM for a full refund in accordance with the BSM Refund Policy stated in the QAS. An ABO cannot be burdened or obligated to purchase BSM or placed at any disadvantage by an upline or downline as a result of choosing not to purchase or sell BSM. ABOs shall not receive any compensation, incentives, or benefits from the sale of BSM, whether the BSM is ABO- or third party-produced. Rather, ABOs may sell BSM only at cost, and in no event at a price above the approved published price. ABOs may refer to the QAS for more specific direction regarding pricing for materials and events.
All BSM must comply with the Rules of Conduct and QAS, regardless of the purpose or source of the BSM. BSM may not be sold to non-ABOs nor can the purchase of any BSM be framed as a requirement for becoming an ABO. Amway does not endorse any BSM.
At its sole discretion, Amway may review any BSM and determine whether or not it is suitable for use in the market. ABOs are responsible for compliance with all laws regarding the content, production, distribution, and sale or use of BSM.
| 7.1 | ABOs Only: ABOs may produce BSM dealing with general subjects of a “how-to” nature; however, they must bear the legend “For Existing ABO Only – Not for use with Prospects.” |
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| 7.2 | Review: Prior to distribution and use, all BSM must be submitted to Amway for review and authorization as stated in the QAS. As a result of such review, Amway may deny authorization or require at its sole discretion that such BSM be modified and/or take other appropriate action(s) before such BSM is used. In addition to its right to approve all BSM, Amway may also conduct reviews of the use and treatment of Amway’s name, or trademarks, service marks, copyrighted works, or other intellectual property belonging or licensed to Amway to ensure compliance with all Rules and the QAS. Reviews may include, but are not limited to, attending (in person or electronically) training and education meetings, as well as conducting interviews and surveys of ABOs. ABOs shall provide Amway with full access to BSM, including, without limitation, access to meetings and events, all password-protected areas of websites, and reasonable access to such other materials, information, and locations necessary or helpful for the purpose of conducting any of the aforementioned reviews including, without limitation, those reviews conducted to verify ABOs’ compliance with the Rules of Conduct and the QAS. ABOs shall respond to inquiries and otherwise cooperate in a timely fashion with any reviews conducted by Amway in connection with their obligations under the ABO Contract, Rules, and QAS. ABOs shall act in good faith and shall not unreasonably withhold access to any materials or information requested by Amway. |
SECTION 8 - PRESENTATION OF THE AMWAY SALES & MARKETING PLAN
| 8.1 | Must Not Give False Impression: When inviting a Prospect to hear a presentation of the Amway Sales & Marketing Plan, an ABO shall neither directly or indirectly: |
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| 8.2 | First Contact With Prospects: It is a breach of the Rules of Conduct or the Amway Business Policies for an ABO to mislead or fail to inform a Prospect the nature of the ABO’s activities and, therefore, at the first contact with Prospects, an ABO must: |
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| 8.3 | Sponsorship Ethics: In seeking participation of a Prospect in the Amway Sales & Marketing Plan, the sponsoring ABO must comply with Section 4.23 as well as the following: |
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| 8.4 | No Exclusive Territories: No ABO shall represent that there are exclusive territories available. It is a breach of the terms of ABOship to make such a representation. |
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| 8.5 | No Obligation to Purchase: An ABO shall not require a Prospect to purchase products and/or services and/or that a deposit is required in order to participate, nor that there is a fee under the form of a training course, seminar, social event or similar activity in order to have the right to participate, except for the Amway Business Kit. It is a breach of the terms of the ABO contract and the ABOship to make such a representation. |
SECTION 9 - USE OF THE AMWAY TRADE NAME, TRADEMARKS AND COPYRIGHTED MATERIALS
This rule has been developed to maintain the integrity of Amway’s intellectual property and to ensure that the Amway brand will be available exclusively for the Amway Business. In addition, Amway has implemented a corporate identity program that requires the correct and consistent use of the Amway corporate logo, no matter where it appears. Therefore, no alterations to the approved logotype are allowed. Upon request, Amway will provide an example of the approved logotype and colour specifications.
| 9.1 | Misuse and Misappropriation: ABOs shall not misuse or misappropriate Amway’s trademarks or other intellectual property or proprietary information. It is a breach of the ABO Contract for an ABO to use any trademarks or other intellectual property or proprietary information belonging to or licensed to Amway except in accordance with the applicable terms, conditions and procedures set forth in the ABO Contract, including the Amway Rules and Policies. |
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| 9.2 | Imprinted Banners/Signs for Meetings/Events: If an ABO is at the Platinum level or above, and desires to conduct a meeting or event in which the Amway name will be displayed in public, the ABO must first obtain prior written approval from Amway for such use of the Amway name (a public meeting is one where prospects may attend). The ABO shall provide a written request to Amway for each meeting; such a request shall include a description of the proposed banners/signs, their size, materials to be used for banner/signs and location. |
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| 9.3 | Imprinted Checks and Business Cards: Provided that an ABO is otherwise in full compliance with the Rules of Conduct and all other provisions of the ABO Contract, an ABO may use the Amway name (but not the Amway trademark, logo or any other trademarks, trade names, or service marks belonging to or licensed to Amway), on his/her imprinted checks and business cards provided that name is used in one of the following ways with no deviation: |
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| 9.4 | Promotional Literature, Stationery, Premiums, etc.: ABOs shall not produce or procure from a source other than Amway any item bearing the Amway name or logo or any trademarks, trade names or service marks belonging to or licensed to Amway. |
SECTION 10 - DEATH AND INHERITANCE
| 10.1 | Upon the death of an ABO, the ABO’s interest in the ABOship may be passed on to a relative or other designated person, subject to the laws on succession and Amway’s acceptance of the assignment of the ABOship pursuant to Section 3. Therefore, the original ABO must make proper arrangements during their lifetime for the orderly and legal transfers of ownership of their ABOship to their heirs. This is to ensure that downline ABOs will continue to receive proper service, training and motivation. In the event that the heirs do not take steps to take over the ABOship, the ABOship may be deemed abandoned in accordance with Section 14.1. When an ABOship is deemed abandoned, the heirs shall have no further rights in the ABOship. Amway may then move up the Line of Sponsorship to the next qualified sponsor unless such a movement increases the number of 21% legs of the upline sponsor in which case the ABOship shall be designated as a placeholder. |
SECTION 11 - BREACH OF CONTRACT; PROCEDURES
| 11.1 | Procedures | ||||||||||||||||||||||||||||||||||||||||||||||||
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Waiver of Claims: An ABO waives any and all claims against Amway arising out of or in respect to any action that Amway takes under the ABOship and/or this rule. An ABO who is terminated or has other action taken as a result of a violation of the Rules of Conduct or the Amway Business Policies shall have no claim against Amway arising out of or with respect to the termination or other action taken.
SECTION 12 - BREACH OF CONTRACT; SANCTIONS
| 12.1 | Sanctions: In the event Amway at its sole discretion determines that there has been a breach of the Rules of Conduct or the Amway Business Policies by an ABO, Amway may take one or more of the following actions: |
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| 12.2 | No Waiver: The failure of Amway to take any action upon learning of a breach or potential breach shall not constitute a waiver of Amway’s rights to assert such a breach in the future. The failure of an ABO to take any action upon learning of a breach shall not constitute a waiver of any other rights or remedies that may be available under applicable law. |
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| 12.3 | Suspension: Amway reserves the right to determine the specific terms of each Suspension on a case by case basis. In the event of any breach of contract by an ABO, Amway may take action to suspend some or all of the ABO’s privileges under the ABOship, including but not limited to: |
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| 12.4 | Actions Upon Termination: Upon termination for any cause whatsoever, the ABO shall: |
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SECTION 13 - INTERNATIONAL REVIEW PANEL
The International Review Panel provides an internal procedure for the review of decisions as to an ABO’s termination, suspension, and/or non-renewal. Any other decision may be reviewed by the International Review Panel at Amway’s discretion.
| 13.1 | Procedure for Filing an Appeal Request to the International Review Panel: In the event an Amway Business Owner (ABO) disagrees with an affiliate’s decision regarding a sanction/decision (as noted above), the ABO has the right to request an appeal of their case for review by the International Review Panel. The appeal request must be submitted in writing (in your local language or English) and may be accompanied by any documents supporting this request (all supporting documents must be provided in English). Only the ABO whose Amway business was sanctioned can appeal and must do so within 30 days of the date of the affiliate’s decision letter. The appeal request must be submitted to the Appeal Administrator either via email at appeal.administrator@amway.com or via postal service to: |
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| 13.2 | Membership of the International Review Panel: The International Review Panel consists of corporate staff from Center Rules/IRP, Ada-based Regional Rules, Global Sales and Legal. |
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| 13.3 | Market Decision Remains in Force Pending Decision by the International Review Panel: In the event Amway grants an ABO the opportunity to have an affiliate’s decision reviewed by the International Review Panel, the decision taken by Amway will remain in force until the review has taken place and a final determination has been made by the International Review Panel. |
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| 13.4 | Procedures for Review by the International Review Panel: | ||||||||||||||||||||||||
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| 13.5 | Final Determination by the International Review Panel: | ||||||||||||||||||||||||
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SECTION 14 - DISPOSITION OF TERMINATED OR NON-RENEWED ABOSHIP
| 14.1 | Abandonment: When an ABOship is terminated or not renewed, the ABOship is considered abandoned, and the signatory to the ABO Contract shall have no further rights in the ABOship. Amway may Assign or Dissolve the ABOship, pursuant to Section 14.1.1 and Section -14.1.2, the right to operate an Amway business in the former ABO’s position in the Line of Sponsorship to another ABO, or may remove such position in the Line of Sponsorship, in its sole discretion. In exercising its prerogative hereunder, Amway may elect to employ one of the following methods or any other method permissible by law, and may unilaterally modify and amend the ABOship of any affected ABO to change their Sponsor and the Line of Sponsorship as may be necessary to implement such decision: |
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| 14.2 | No Limitation on Amway: Amway, however, is in no way limited to any of the above methods of disposition of an Amway business and may exercise complete discretion as to methods and/or timing of disposition. |
Principles & Etiquette of Using Social Media
Principles & Etiquette of Using Social Media
People like to do business with people they know, like and trust. That has always been the case, and we believe that social media is so exciting for the direct selling industry – and for you – because of its power to help others get to know, like, and trust AMWAY and its ABOs.
Social media can benefit you and your AMWAY business in a number of ways, including:
- - reconnecting with friends, colleagues, and customers
- - making existing relationships stronger
- - providing timely product information and customer support
- - inspiring people to learn more about the business opportunity
AMWAY is committed to using social media to increase brand awareness, favourability, purchase intent and loyalty, and to drive customers and prospective ABOs to the business. We ask you to make a commitment also – to use social media in a way that is relevant, responsible, and honest. To help you do that, we have come up with a list of guiding principles and etiquette:
| - | Keep it Simple and Positive | ||||||||||||||||||||||||||||||||||
| People like to do business with positive people. Share good news and make an effort to bring a smile to people every day. Always be sure to avoid arguments and other negative conversations. You’re more likely to achieve positive results from your social media efforts when you keep it positive. | |||||||||||||||||||||||||||||||||||
| - | Find a Good Mix | ||||||||||||||||||||||||||||||||||
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People don’t appreciate being bombarded with “join my business” and “buy from me” posts, nor do they like an overabundance of messages describing the intimate details of your personal life. Maintain a balance between business and personal in your messaging efforts. |
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| - | Social Media Doesn’t Replace the Real You | ||||||||||||||||||||||||||||||||||
| Don’t forget to meet people in real life too! Don’t let social media replace face-to-face relationship building. The importance of personal meetings and phone calls – live, one-on-one interactions – are invaluable. | |||||||||||||||||||||||||||||||||||
| - | Avoid Spam | ||||||||||||||||||||||||||||||||||
| Not only is it in poor taste to provide a link to your personal retail website on a public discussion board, forum, or other public places on the Internet, but it could put you at odds with the AMWAY Rules of Conduct regarding soliciting and advertising. It could also be a violation of the website terms and conditions. | |||||||||||||||||||||||||||||||||||
| - | Be Honest | ||||||||||||||||||||||||||||||||||
| Be truthful and accurate at all times. What is said online generally stays there and can spread quickly and widely through links or copying. Misleading others or making false claims jeopardises your – and AMWAY’s – reputation. If you plan to talk about your business, be open about the fact that it is an AMWAY business. | |||||||||||||||||||||||||||||||||||
| - | Be Relevant and Credible | ||||||||||||||||||||||||||||||||||
| If you want to become a trusted source of information on a topic to help build your business, combine your personal comments and stories with meaningful advice, tips, or articles that others would care about. Be sure to offer simple, sound, and accurate advice that helps you establish your credibility and earn your readers’ trust. | |||||||||||||||||||||||||||||||||||
| - | Be Respectful | ||||||||||||||||||||||||||||||||||
| Always remember that others online are free to speak the truth as they have experienced it. The best way to change a person’s perception is through actions, not words. Show them that AMWAY ABOs are their friends,neighbours, and community members by acting as such. | |||||||||||||||||||||||||||||||||||
| - | Abide by the AMWAY Rules of Conduct | ||||||||||||||||||||||||||||||||||
| The Rules of Conduct are designed to help you represent your business, and AMWAY, in the best possible light. Be sure you are aware of, and adhere to, the Rules of Conduct in order to get the most benefit from your online marketing efforts. Adhering to the following will help assure you’re in compliance with the Rules: |
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| - | Prospecting for Customers | ||||||||||||||||||||||||||||||||||
| It’s important to offer AMWAY products in the right way. You should never offer products as a general status update – prospecting for customers must be done in a closed environment to ensure compliance with AMWAY’s advertising rules. If someone on a social media site asks how to buy a product, send him a direct message so you can follow up effectively. | |||||||||||||||||||||||||||||||||||
| - | Prospecting for ABOs | ||||||||||||||||||||||||||||||||||
| The AMWAY Business Opportunity can make a difference in people’s lives. But when you share online, it’s important to do so the right way to avoid alienating your contacts. Here are some tips to keep in mind when prospecting online: | |||||||||||||||||||||||||||||||||||
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AMWAY Malaysia is officially on Facebook from 23 September 2011
You can now find the latest news on AMWAY as well as updates, fun facts, and lots of product tips. Be our fan today! “Like” us on Facebook.
Facebook is today’s essential tool to keep you connected with friends and prospects. We hope that with AMWAY Malaysia joining Facebook, it can be a trendy, new channel for you to grow your business.
We welcome all comments and feedback but please note our Facebook page is open to all and visible to the world. Do share positive comments and feedback, as you are the steward for AMWAY and all its brands.
See you on FB!
Business Support Material Policy
Business Support Material Policy
RULES & REGULATIONS
For long term stability and profitability of your Amway business, we are pleased to announce that with effect from April 01, 2003, Amway is implementing the following Business Support Materials (BSM)/Events Policy. We urge that all Amway Business Owners (ABOs) understand and observe both the letter and spirit of the policy in addition to the Amway Rules of Conduct.
BUSINESS SUPPORT MATERIALS (BSM) / EVENTS POLICY
Basic Policy
The fundamental business of Amway & its ABOs is to sell products and services and provide a legitimate business opportunity. In building the business, Amway recognises that responsible and appropriate Business Support Materials (BSM) and Events may assist in providing valuable training and motivation. However, BSM and Events unless properly managed, can become a source of controversy and have a negative impact on Amway's reputation as a respected corporate citizen.
The Amway business in Malaysia is licensed under the Direct Sales Act 1993. Amway must comply with the laws plus the terms and conditions indicated in our Direct Sales Licence. ABOs are authorised by Amway to operate under the umbrella of the Direct Sales Licence issued to Amway. The business of ABOs are so associated and intertwined with that of Amway Malaysia that involvement in any uncontrolled and unregulated activities by ABOs may be prejudicial to and could expose Amway's licence to risk. Any form of rewards or benefits built into sale or promotion of BSM/Events may be regarded by the Authorities that such production, dissemination, sale and promotion of these BSM/Events are themselves some form of unlicensed direct sales business conducted by individuals, group of ABOs or third party incorporated companies. This is a grave risk, as Amway may be perceived as being directly involved. Amway may be seen as encouraging, aiding and abetting such BSM. Aiding and abetting the breach of a criminal provision such as one contained in the Direct Sales Act 1993 is itself a criminal wrong. In addition to potential criminal exposure, Amway's licence could be put at risk as well as its good reputation earned over the past years.
In light of the foregoing, a BSM/Events Policy is therefore necessary to protect the long-term stability of Amway & its ABOs as well as maintain and foster the excellent reputation of Amway's and its ABOs as responsible business operators. As such, BSM/Events will be allowed under Amway's guidelines.
Definition of Business Support Materials (BSM)
For purposes of this Policy, Business Support Materials (BSM) shall mean those products and services which are intended to support and assist the marketing and sale of Amway's products and services as well as the Amway business opportunity, including but not limited to:
- Books, magazines, catalogues, newspapers, newsletters or any forms of printed materials.
- Tapes, CDs, Wav, MP3 or any other form of audible materials.
- Video cassettes, VCDs, DVDs or any other form of visual materials.
- Websites, Web pages, Standing Order Forms or any other multimedia form of materials.
Statement of Requirements
The following general standards will apply:
| 1. | All sales and purchases of BSM (including hereafter event tickets) must be strictly voluntary. No sales pressure or coercion whatsoever may be used to compel or convince an ABO to buy or sell BSM. For the avoidance of any doubt, no ABO may be offered or an ABO cannot be burdened or obligated to purchase BSM consisting of which may include but not limited to series of BSM, services or products or any combination thereof of any third party packaged, bundled, combined with or tagged to any of such BSM. ABOs may not be offered BSM that are packaged together with products and/or services. There must be a written statement provided to each ABO that is in a form satisfactory to Amway that indicates that the purchase of BSM is voluntary and that if for any reason the ABO is not satisfied he or she can receive a full refund. | ||||||||||||||
| 2. | An ABO cannot be placed at any disadvantage by an upline or downline as a result of not selling and/or purchasing BSM. | ||||||||||||||
| 3. | ABOs shall not receive any compensation, incentives or benefits for sale of BSM. | ||||||||||||||
| 4. | ABOs may sell BSM only at cost and its pricing must be clearly stated. There should be no profiteering from the sale of any BSM. ABOs can always provide BSM for free. BSM pricing must therefore adhere to this but not exceed the respective pricing stated below: | ||||||||||||||
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| Note: All prices above are exclusive of GST. The above pricing policy shall be subject to review or amendment as deemed appropriate by Amway Malaysia. | |||||||||||||||
| 5. | Contents of BSM must be truthful and fair and not contain any income claims, product claims nor religious and political elements. The Company has the right to review any BSM offered by an ABO for sale (or free) to ensure compliance with this Policy. | ||||||||||||||
| 6. | ABOs cannot receive any benefits from third party produced BSM. | ||||||||||||||
| 7. | No Amway trademark, trade name or logo may be used on any BSM, including third party BSM, without prior written permission of Amway. | ||||||||||||||
| 8. | ABOs may not promote or sell events tickets/BSM offered by third parties who fail to comply with this Policy and the Amway Rules of Conduct. |
Events, Rallies and Meetings
With respect to events, rallies and meetings ("events"), in addition to the foregoing standards, the following additional standards apply.
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| 2. | No profit may be earned from sale of tickets to these events. | ||||||
| 3. | Following the conclusion of the event, a summary of account substantiating no profit was earned must be submitted to Amway Malaysia upon request. | ||||||
| 4. | In the event Amway cannot identify the ABO who is responsible for the meeting, all Diamonds in the line of sponsorship may be held accountable. | ||||||
| 5. | Costs such as per diems and travel expenses paid to guest speakers should be in compliance with Amway's published guidelines. | ||||||
| 6. | Cross-group supply of tickets/passes to ABO-organised events is strictly prohibited. Leaders are to ensure event promotion, if any, should strictly be within their own organisation and no cross-group promotion of events unless with the written consent of upline Diamond. | ||||||
| 7. | Upline Diamond's consent is required for any Platinum who wish to plug-in into other groups. | ||||||
| 8. | No solicitation or inducement to any ABO of other groups to plug-in. | ||||||
| 9. | Organisation identity at Amway Sponsored Meetings, Newsgram and Amagram publications is not allowed. |
Presentation Rules
Rules Governing Presentation Content at Meetings Designed to Support the Amway Business.
To protect both the ABO’s and Amway's reputations and so as to avoid unwanted and inappropriate remarks, assertions and statements made in the course of a presentation that could give rise to issues, disharmony and expose Amway to unnecessary and undue scrutiny, the following Presentation Rules will have to be adhered to at all Amway business related events.
The content of the presentations must include or support the promotion of the retailing of Amway products and services, and must otherwise be in accordance with the following:
| 1. | ABOs shall not: | ||||||||||||||||||||||||||
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| 2. | Personal reflections on the following are not appropriate: | ||||||||||||||||||||||||||
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| 3. | Discussions from a business stage must only relate to ethics and positive attitudes that will assist and encourage the ABO's and Amway's products, services and business. | ||||||||||||||||||||||||||
| 4. | Income representations, whether direct or implied, must reflect a realistic income potential from participation in the Amway Sales and Marketing Plan. | ||||||||||||||||||||||||||
| 5. | Participation in a BSM/Events must always be positioned as an optional aspect of supporting the building of an Amway Business. |
Consequences of Non-Compliance
| • | If an ABO violates the BSM/Event Policy, a written letter demanding the ABO to cease and desist within a time period will be issued. | ||||||||||
| • | Those who fail to comply or who have shown a total disregard for the policy as evidenced by repeated violations may be subject to one or more of the following actions: | ||||||||||
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Amendment of Policy
This policy will be reviewed and possibly amended from time to time to always ensure Amway Malaysia's best efforts to remain compliant with the Direct Sales Act and the conditions imposed upon our Licence Renewal and to meet the diverse and changing needs of Amway Malaysia and its ABO organisation.
This policy is without prejudice to and is not in derogation of any other provisions or Rules contained in the Amway Rules of Conduct.
The description of Business Support Materials (BSM) set out in these Rules shall equally apply to any foregoing Rules.
Exporting/Importing of Products
Exporting/Importing of Products
The Amway Rules of Conduct are established to uphold essential standards of behaviour to support and preserve the benefits of the Amway Sales & Marketing Plan equitably for all ABOs.
| 1. | Why is exporting/importing or selling of Amway products from Malaysia to any other country or vice versa prohibited? | ||||||||||||||||||||||||||||||||||
| The prohibition is essential for the following reasons: | |||||||||||||||||||||||||||||||||||
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| 2. | Can I ship, supply or retail Amway products purchased in Malaysia to Brunei and Singapore in view that they are operated as a single Line of Sponsorship? | ||||||||||||||||||||||||||||||||||
| Retailing Amway products in such countries, whether directly or indirectly, constitutes cross border activities which is strictly prohibited, and is in violation of the Amway Rules of Conduct. Therefore, all Amway ABOs can only order and supply/retail the products in their own countries of operation. | |||||||||||||||||||||||||||||||||||
| 3. | What should I do if my customers want to buy certain products in bulk? | ||||||||||||||||||||||||||||||||||
| You are advised to be vigilant in knowing your customers as well as your downlines’ retailing activities as such non compliance may implicate and impact you. | |||||||||||||||||||||||||||||||||||
| 4. | Where can I learn more about this rule? | ||||||||||||||||||||||||||||||||||
| Kindly refer to Section 4.3 and Section 4.16 of the Amway Rules of Conduct in the Amway Business Manual, page 33 and 34. We seek your cooperation to report any such incidences via e-mail to MyHelpDesk@amway.com, and to provide the Company with the evidence of such misconduct. |
"A world-class organisation draws its strength, its stability, its spirit, and its success by living its values."
Rich DeVos,
Amway Co-Founder
Unauthorised Amway Business Owner Activity In Unopened Markets Policy
Enticement Process
Enticement Process
| A. | RESIGNATION | |||||||||||||||||||||||||||||||||
| Notification to the sponsor and upline Platinum when an ABO terminates their ABOship which allow the sponsor/Platinum to follow up with the ABO. | ||||||||||||||||||||||||||||||||||
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| Notification to former sponsor and Platinum when a former ABO from their LOS reapply. The new Platinum name will be disclose in the notice. | ||||||||||||||||||||||||||||||||||
| B. | REAPPLICATION | |||||||||||||||||||||||||||||||||
| Notification to former sponsor and Platinum when a former ABO from their LOS reapply to become an ABO. The new Platinum name will be disclose in the notice. | ||||||||||||||||||||||||||||||||||
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We strongly encourage ABOs to comply with the Amway Rules of Conduct (AROC), following the spirit and letter of these rules to foster a conducive environment for the Amway business.
Price Undercutting & Cross Group Supply
Price Undercutting & Cross Group Supply
Sell Ethically
Selling is an integral part to creating a successful Amway business. However, to sell ethically means conducting business with your uplines, downlines, customers and company with integrity and in accordance with the Amway Rules of Conduct. This builds trust, confidence and respect among all and ensure our continued growth.
As a leader in your organisation, you are personally responsible to ensure ethical business conduct is taught and used in your organisation. The Company would not hesitate to effect stern action on any ABO for noncompliance to the Amway Rules of Conduct and who conduct their business in a manner that jeopardises other ABOs.
No Cross Group Supply of Product
ABOs are prohibited from selling or supplying products to ABOs in another Line of Sponsorship. This is referred to as “cross group supply”. Such practice tantamount to “stealing” because it deprives that Line of Sponsorship of their rightful PV/BV.
The Rules B-1 states that:
“No Distributor shall engage in cross group buying or supplying. “Cross group buying and supplying” occurs when a Distributor supplies Amway distributed products and/or services to another Distributor who is not within his/her Line of Sponsorship.
A Distributor in one Line of Sponsorship must only buy AMWAYTM products and services and Amway literature supplies directly from his/her Sponsor up to his/her upline Direct Distributor or Amway.
A Distributor must not supply AMWAY products and services to another Distributor who is not in his/her Line of Sponsorship.”
If there is an intention to give AMWAY products as a gift to someone who is a current ABO of another Line of Sponsorship, such gift or product should be ordered from the recipient’s Line of Sponsorship. This will ensure PV/BV is accorded to the correct Line of Sponsorship for proper computation of bonuses as well as qualification. Taking back products to evade corrective action, amount to interference with the Line of Sponsorship. It would also jeopardise the relationship between the Company and its customers/ABOs.
No Price Undercutting
An ABO is entitled to earn retail profits for the personalised services that you render to your customers and because retail profits are part of the Amway reward programme. Price undercutting is defined as selling at a price below the customer or ABO price as recommended by Amway.
Price undercutting not only deprives you of rightful reward, but also deprives others of equal opportunity to build their Amway business. Furthermore, it devalues our products, giving our customers a lower perceived value or price of these products. Such unethical conduct will not help you establish a long-term and profitable business.
Consequences of Non-Compliance
The Company views such practices seriously as it jeopardises the livelihood of other ABOs. We will not hesitate to impose strong corrective actions to protect the interest of all ABOs.
We seek your cooperation to report any such incidences via e-mail to MyHelpDesk@amway.com, and to provide the company with the evidence of such misconduct.
Six Months Inactivity Rule - 6MIR
Six Months Inactivity Rule - 6MIR
The Amway Rules of Conduct are established to uphold essential standards of behaviour to support and preserve the benefits of the Amway Sales & Marketing Plan equitably for all AMWAY Business Owners (ABOs).
SIX MONTHS INACTIVITY RULE
Integrity of the Line of Sponsorship is an integral part of the Amway Sales & Marketing Plan. The Six Months Inactivity Rule serves to protect your Line of Sponsorship and to ensure ABOs are able to build a strong and stable Amway business. As such, Amway will strictly enforce this rule.
The period of Six Months Inactivity Rule commences from the months after the expiry month or the date the ABO resigns from the ABOship, whichever is earlier. Amway defines resignation date as the date of receipt of the resignation.
The onus of compliance lies with the former ABO concerned. It is also the responsibility of the Sponsor from the new Line of Sponsorship to verify that the Six Months Inactivity Rule has been duly complied with before the former ABO signs the SA88 Application Form. If a violation to the Six Months Inactivity Rule has been duly proven, corrective action such as group and PV/BV transfer back to the original Line of Sponsorship shall be taken against the ABO concerned.
Example 1: Lapse
ABO A did not submit his/her Intent to Continue cum amagram™ Subscription (ITCCAS) after the expiry of his/her ABOship in March 2010. Thus, the Six Months Inactivity Rule period commences from 01 April 2010 and ends on 30 September 2010. ABO A may sign up AFTER 30 September 2010, i.e. from 01 October 2010 onwards.
Example 2: Resignation
Amway received ABO B’s resignation on 12 December 2009 even though the expiry of his/her ABOship is only due in March 2010. Thus, the Six Months Inactivity Rule period commences from 12 December 2009 and ends on 11 June 2010. ABO B may sign up AFTER 11 June 2010, i.e. from 12 June 2010 onwards.
Intellectual Property Rights - IP
Intellectual Property Rights - IP
This policy is published by Amway Malaysia Sdn Bhd and the license is under Copyright 2001 Amway.
Amway owns and manages Amway’s intellectual property rights and other associated intellectual property, which include but not limited to, NUTRILITE, eSpring, ATMOSPHERE, ARTISTRY, SATINIQUE, BODY SERIES, GLISTER, COLOUR CREATION, ALLANO, SUDZY, TROPICAL HERBS, BEE TREASURES, DISH DROPS, iCOOK, and QUEEN.
| 1. | Summary | ||||||||||||||
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| 2. | Changes | ||||||||||||||
| Company may make changes to this Section from time to time. Please keep abreast with the update to ensure you are in compliance with our Policy. | |||||||||||||||
| 3. | Intellectual Property Infringement | ||||||||||||||
| Amway respects the intellectual property of others and we ask our ABOs to do the same, in accordance with the Trade Mark Law and Amway Business Conduct & Rules. |
Key Points to ABO’s Use of Third Parties’ Intellectual Property
- ABOs should not use Amway’s or Amway affiliate’s trademarks, copyrights, or other intellectual property without prior written authorization from Amway.
- ABOs should understand the importance of proper clearance and use of third party intellectual property.
- ABOs should comply with Amway’s Rules of Conduct relating to use of third party intellectual property, as part of compliance with all local laws and regulations.
- ABOs should not record (audio or video) Amway meetings or functions without prior written authorization from Amway.
- Without appropriate licenses, ABOs should not use the trademarks, copyright, or other intellectual property of third parties in connection with their Amway business.
- Without appropriate licenses, videos should not be uploaded to the internet or distributed by e-mail.
If you believe that Amway’s intellectual property has been infringed, please write in to us to mysales@amway.com with subject title, “Intellectual Property Infringement [Your ABOship Number]”. Please provide in the email, information of the infringement such as the link to the infringement, contact detail of the infringer, and the photo of the infringement so Amway may follow up on the matter.
Return and Refund - Satisfaction Guarantee - Manufacturer's Warranty
Return and Refund - Satisfaction Guarantee - Manufacturer's Warranty
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The direct selling industry is self regulated by a Code of Ethics established by the World Federation of Direct Selling Associations (WFDSA) that states that direct selling companies and independent sellers shall not use misleading, deceptive or unfair sales practices. Most countries also have individual Direct Selling Association codes of ethics that localise the WFDSA Code under applicable laws and regulations. Amway adheres to these codes through its consumer protections, which AMWAYPROMISE brings together under the following pillars: |
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Low-cost, Low-risk Opportunity Promises zero purchase requirements and minimal sign-up fees for new business owners. We believe that everyone deserves the opportunity to get ahead. That’s why we promise to always provide a low-cost, low-risk opportunity. |
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100% Satisfaction Guarantee Helps ensure satisfaction with our products or opportunity. If you’re not getting what you expected from your Amway opportunity or an Amway product – let us know, and we’ll work tirelessly to make sure you’re 100% satisfied. |
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Warranty Programs Peace of mind with Amway products.We’re confident in the quality of the durable products that we offer. If your product has an issue we provide a variety of innovative service, repair and warranty programs that allow you to easily address any concerns that you may have. |
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Customer Services Support you can count on. We know you’ll have questions along the way and we have the answers. For ABOs and consumers, Amway is committed to providing top-notch service, whether face-toface, on the phone, or online. |
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The Right to Know Knowledge is power. We promise to clearly communicate and make easily accessible all information related to the above consumer protections, as well as to our Inventory Buy-Back policy and Cooling Off Period. |
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| - | This Guarantee does not apply to products that have been intentionally damaged or misused, AMWAY-distributed products which provide a specific time period for return, and those products covered by express written warranties. |
| - | AMWAY durable products (High Ticket Items) such as eSpring™ Water Treatment System, ATMOSPHERE™ Air Purifier, and Home Alarm System range are not covered by the AMWAY Satisfaction Guarantee, but by a separate manufacturer’s warranty. |
| - | All AMWAY products sold in Malaysia and Brunei Darussalam do not contain placenta, pork nor its derivatives. |
| 1. | AMWAY accepts return of BV items but does not accept returned literature, audio-visual aids, pins and plaques, forms, accessories, and other promotional items and sales aids for replacement or for refund by Credit Vouchers from operating ABOs. |
| 2. | Personal Shoppers Catalogue items and AMWAY durable products (High Ticket Items) such as eSpring™ Water Treatment System, ATMOSPHERE™ Air Purifier, Home Alarm System and iCOOK™ range are not covered by the AMWAY Satisfaction Guarantee, but by a separate manufacturer's warranty. |
| 3. | AMWAY will not accept returns of any item that is not currently saleable. Products that are NLA (no longer available) may not be returned. |
