The Marketing Plan and Management Performance Compensation Plan (MPCP), the policies and procedures as presented in Part 2 of the UnFranchise Manual, and the Independent Application and Agreement (IUA&A) constitute the entire agreement between Market Australia and UnFranchise Owners regarding their business relationship.
Market Australia at its sole discretion, may amend the MPCP, the policies and procedures, or the terms of the IUA&A at any time. Such amendments will be effective immediately upon being posted to UnFranchise.com. Your continuance as an UnFranchise Owner or Sales Representative with Market Australia after a modification or change to the policies and procedures and/or the terms of the IUA&A have been posted will mean that you accept and agree to any changes that have been posted.
All UnFranchise Owners must complete an IUA&A to be accepted by Market Australia as an UnFranchise Owner. Market Australia reserves the right to accept or reject anyone as an UnFranchise Owner, applications for new Business Development Centres (BDCs), or applications for renewal.
Note: UnFranchise Owners must send in the original hard copy application or registration with the assistance of the sponsor via the online process. No faxed applications will be accepted.
All Market Australia UnFranchise Owners are required by Law to provide a Tax File Number (TFN) or Australian Business Number (ABN) (corporation/partnerships/business organisations).
All UnFranchise Owners must be the age of majority in the territory in which they sell and distribute Market Australia products.
An individual is not required to purchase Market Australia products, services, or sales aids, or pay any fee in order to become a Market Australia Sales Representative.
(A) Rights: Sales Representatives may purchase Market Australia products at UnFranchise Cost for retail sale and/or personal consumption.
(B) MPCP Eligibility: Sales Representatives may NOT participate in the Management Performance Compensation Program until they change to UnFranchise Owner status (i.e., submission of the subscription fee with a new UnFranchise Owner Application and Agreement and submission of the renewal fee each year thereafter).
(C) Limitations: Business Volume generated by Sales Representatives shall count towards Group Business Volume of qualified upline UnFranchise Owners. However, Sales Representatives will not count toward activating their sponsor’s BDC. Because they have not submitted a subscription fee, Sales Representatives will receive none of the benefits derived from purchasing the subscription.
The status of an UnFranchise Owner is given to applicants completing an IUA&A and submitting a subscription fee with the application. The subscription kit is provided at Market Australia’s cost and additional monies are used for the processing of mailings throughout the year. Market Australia reserves the right to change or modify the subscription kit. However, the subscription fee will, at a minimum, provide:
• A Getting Started Guide
• Subscription to the Market Australia Digital UnFranchise® Owner Magazine
• The Market Australia and downloadable PDF UnFranchise Manual
• The Market Australia Product Catalogue
All Market Australia Independent UnFranchise Owners (Including Sales Representatives) are required to submit a complete Annual Renewal Form (Form 1052) in a timely manner, each UnFranchise Owner must pay his/her own Annual Renewal fee (Fee) with an acceptable method of payment. No other person, current UnFranchise Owner or otherwise, may pay for another UnFranchise Owner’s Fee.
UnFranchise Owners must always use the word “Independent” to describe their status This means, for example, “Independent UnFranchise Owner”. If the UnFranchise Owner
has a business telephone, the telephone may not be listed under the Market Australia name, or in any other manner which does not disclose the independent contractor status of the UnFranchise Owner.
UnFranchise Owners are independent contractors, responsible for their own business. The Agreement between the Independent UnFranchise Owner and Market Australia should not be construed to create a relationship of employer-employee, agency, partnership or joint venture between the UnFranchise Owner and Market Australia, or between the UnFranchise Owner and sponsor. The Agreement does not constitute the sale of a franchise or a distributorship, and no fees have been or will be required from an UnFranchise Owner for the right to distribute Market Australia’s products pursuant to the Agreement.
(A) An UnFranchise Owner must follow all federal, state, county and local laws, rules and regulations pertaining to this Agreement and/or the acquisition, receipt, holding, selling, distributing or advertising of Market Australia products;
(B) An UnFranchise Owner has no authority (expressed or implied) to bind the company to any obligation with a third party. Each UnFranchise Owner shall indemnify and hold harmless the company from any claims, damages or liabilities arising out of the UnFranchise Owner’s business practices;
(C) An UnFranchise Owner must make, execute or file all reports and obtain all licenses as are required by law or public authority with respect to the Agreement and/or the receipt, holding, selling, distributing or advertising of Market Australia products; and
(D) Each UnFranchise Owner is encouraged to set up his/her own hours and to determine his/her own methods of sale, so long as he/she is in compliance with the policies, procedures, rules and regulations set forth in the Market Australia UnFranchise Manual and amendments.
UnFranchise Owners are not employees of Market Australia under any law.
It is the responsibility of the UnFranchise Owner to pay self-employment Income Tax due on income generated as an Independent UnFranchise Owner, as required by law.
(A) General Business Records: Complete and accurate record keeping of all business transactions and promotional activities is the sole responsibility of the Independent UnFranchise Owner.
(B) Retail Sales Records: UnFranchise Owners must maintain records of retail sales, turn in a minimum of AUD$250 in retail receipts every three-Q-date or three-Start-Date period, and be able to furnish all receipts requested by the company in order to qualify for commissions.
Either party may terminate the IUA&A for any reason and at any time upon giving thirty (30) days written notice to the other party. However, Market Australia may terminate the IUA&A with less than thirty 30) days written notice for serious violations of the policies and procedures, in accordance with the Corrective Action Procedure described in Chapter 14, Sec. 1 of this UnFranchise Manual. The written correspondence must include the cancelling UnFranchise Owner’s signature(s).
If an UnFranchise Owner cancels his/her UnFranchise Business, or if the UnFranchise Business is terminated for any reason, then he/she cannot submit another application to Market Australia until after 270 days from the last date of inactivity (date of the last purge) (see 270-Day Rule). This includes submitting an application under a different name, a corporate name, a spouse’s name, or in any other manner which will result in the UnFranchise Owner having more than one UnFranchise Business at any time. The only exception to the 270-Day Rule is a business-entity UnFranchise Business that has been cancelled by Market Australia because of non-compliance with the business entity documentation policy (see Business Entity UnFranchise Businesses).