(A) UnFranchise Owners’ Responsibility: UnFranchise Owners may be given access to certain confidential information, reports, and material regarding Market Australia’s business, including but not limited to; UnFranchise Owner lists, UnFranchise Owner and customer contact information, UnFranchise Owner financial data, an UnFranchise Owner’s personal and/or group sales volume(s), linkage and/or genealogy information, the GMTSS, Market Australia’s voicemail system, business building/marketing materials (printed, web-based, social media, on film, magnetic media produced by sound recording or otherwise embodied, are copyrighted and/or trademarked/service marked, whether such claim or mark is registered, or in the process of such) (collectively “Proprietary and Confidential Information)”. All Proprietary and Confidential Information belongs solely and exclusively to Market Australia and its affiliates and constitutes its trade secrets. UnFranchise Owners have no claim, right, or title to any of the Proprietary and Confidential Information; and that the Proprietary and Confidential Information is provided to UnFranchise Owners in strictest confidence and is made available to UnFranchise Owners for the sole purpose of assisting in building and growing their Market Australia business.
To protect the Proprietary and Confidential Information, UnFranchise Owners shall not, on their behalf or on behalf of any other person or entity, directly or indirectly:
(1) Disclose or disseminate any Proprietary and Confidential Information to any other person or entity;
(2) Provide access to any password-protected sections of Market Australia’s websites and associated social media pages containing Proprietary and Confidential Information to any other person or entity;
(3) Use Proprietary and Confidential Information for any purpose other than the conduct and promotion of your Market Australia business, including but not limited to recruiting any UnFranchise Owner for any Competing Company;
(4) Use Proprietary and Confidential Information to attempt to influence or induce any UnFranchise Owner, customer, or employee of Market Australia to cease or alter their business relationship with Market Australia; or
(5) Reproduce Proprietary and Confidential Information in whole or in part for any UnFranchise Owner or any other person except as authorised in writing by Market Australia to ensure the quality, integrity and service of these valuable business assets remains protected.
Upon termination or cancellation of the IUA&A, the UnFranchise Owner must return all Proprietary and Confidential Information in its entirety to Market Australia.Responsibility: s'nchise owner rights and obligations (B) of this section,
(B) UnFranchise Owner Liability for Breach of Confidentiality by Agent: UnFranchise Owners may choose to hire one or more employees, agents, consultants and/or contractors (Agents) to assist them in the operation of their Market Australia business. An UnFranchise Owner will be solely responsible and liable to Market Australia (or to a Preferred Customer or other UnFranchise Owner) for any breach or misuse of the Proprietary and Confidential Information by the UnFranchise Owner or his/her Agent. Therefore, Market Australia strongly encourages any UnFranchise Owner with an Agent, to require the Agent to sign a binding Proprietary and Confidentiality Agreement, prior to the disclosure of any Proprietary and Confidential Information to the Agent.
An UnFranchise Owner will indemnify and hold harmless Market Australia, its owners, shareholders, officers, agents, representatives and employees from and against, any and all liability arising from any breach of confidentiality made by the UnFranchise Owner, or any Agent of the UnFranchise Owner.
Each UnFranchise Owner agrees to indemnify and hold harmless Market Australia, its officers, agents, and directors against any claims, demands, liability, loss, cost, or expense, including, but not limited to, attorney’s fees arising or alleged to arise in connection with that Independent UnFranchise Owner’s business.
UnFranchise Owners may not communicate (including phone calls, emails, etc.) directly with Market Australia’s manufacturers, suppliers, or vendors without written permission from Market Australia (the only exception being acceptable contact at corporate-sponsored events).
(A) Vendor Contact/Communication: UnFranchise Owners may not, under any circumstances, arrange for Market Australia manufacturers, suppliers, or vendors to attend meetings, speak at meetings, or conduct product training.
(1) Market Australia will make all arrangements, and only Market Australia shall book such engagements (i.e. training) periodically.
(2) Violation of this policy is grounds for immediate termination.
(B) Product Information: Additional product information, as needed, shall be obtained only through contacting the Market Australia Product Information Department.
(C) Prohibition of Benefits: UnFranchise Owners are not permitted to receive commissions, free or discounted products, bonuses, nor any other benefit from any current or prospective vendor, manufacturer, or supplier to Market Australia, for arranging contact between Market Australia and the vendor, manufacturer, or supplier.
All UnFranchise Owners (including Sales Representatives) initially have Cheque Writing Privileges. They simply need to sign on the appropriate line of the Independent UnFranchise Owner Application and Agreement and enter their driver’s license number.
(A) Rights: This service allows UnFranchise Owners to write personal cheques to Market Australia for orders and services.
(B) Limitations:
(1) The limit on personal cheques received per day from non-UnFranchise® Management System (UFMS) members is the sum total of AUD$2,000 (e.g., two cheques for AUD$1,000, one cheque for AUD$2,000, four cheques for AUD$500, etc.). The total shall not exceed AUD$2,000 per day from non-UFMS members or the order(s) will be held 15 business days.
(2) The limit on personal cheques received per day from UFMS members is the sum total of AUD$2,500. The total shall not exceed AUD$2,500 per day from UFMS members or the order(s) will be held 15 business days.
(3) Counter cheques or starter cheques will not be accepted. Orders with counter cheques or starter cheques as payment will be returned to the UnFranchise Owner unfulfilled.
(4) All first-time (initial) orders paid by the new UnFranchise Owner’s personal cheque will enter the 15-business-day hold process. It is highly recommended that a money order or cashier’s cheque be used for the first order.
(5) Only UnFranchise Owners’ cheques will be accepted. Orders placed using a non-UnFranchise Owner’s cheque will have the order and cheque returned unprocessed.
(6) Cheques written with errors will result in the order and the cheque being returned to the UnFranchise Owner unprocessed.
(7) Market Australia will not accept credit card cheques. Orders placed using a credit card cheque will have the order and cheque returned unprocessed.
(8) Cheques must have the account holder’s name and address printed on them by the bank. Orders with cheques that do not have the account holder’s name and address printed on them by the bank will be returned to the UnFranchise Owner unfulfilled.
This policy is applicable to returned personal cheques, and electronic cheques on the website, returned payments, or bank errors: “Returned payment” refers to any draft (bank draft UnFranchise AutoShip) returned for the following reasons: NSF, stop payment, account closed, authorisation revoked, etc.
(A) Returned Personal Cheques, Electronic Cheques on the Web Site, and Returned Payment Policies:
(1) All returned cheques and drafts will incur a service charge. The UnFranchise Owner must include payment for both the cheque or draft amount and service charge in order to clear any returned cheque or draft.
(2) All returned cheques or drafts must be cleared with a credit card, money order, cashier’s cheque, or certified cheque. No personal cheques will be accepted.
(3) UnFranchise Owners must clear returned cheques or drafts within ten business days beginning the day Market Australia receives notification from the bank. If the cheque or draft is not cleared within ten business days beginning the day Market Australia receives notification from the bank, the paying UnFranchise Owner will lose Cheque Writing Privileges, which means Market Australia will no longer accept that UnFranchise Owner’s personal or electronic cheque. If the cheque or draft is not cleared within the 10-business-day period, the paying UnFranchise Owner also loses bank draft privileges — returned cheques count as returned drafts, and vice versa. Any orders received by Market Australia with a personal cheque will be returned unprocessed to the UnFranchise Owner with a letter stating that he/she must resubmit the order with an acceptable form of payment. If an electronic cheque order is attempted via the website, the computer system will prohibit the order from being processed.
(4) If a returned cheque is cleared within 10 business days beginning the day Market Australia receives notification from the bank, and it is the paying UnFranchise Owner’s first NSF situation, he/she will have Cheque Writing Privileges restored and will retain bank draft privileges. If the paying UnFranchise Owner is already on the draft system, the draft will not be cancelled.
(5) For a first time returned payment/electronic draft the UnFranchise Owner’s account will be blocked and flagged with the return payment and given 10 business days to clear the returned payment with our Collections Department. If cleared within 10 business days the UnFranchise Owner’s cheque writing privileges will be restored. This excludes UnFranchise AutoShip.
(6) If an UnFranchise Owner has a returned payment/electronic draft for an UnFranchise AutoShip order, they will no longer have the bank draft option on UnFranchise AutoShip. The UnFranchise Owner may set up their UnFranchise AutoShip using a credit/debit card.
(7) If an UnFranchise Owner has two NSF situations of any combination, that UnFranchise Owner’s Cheque Writing Privileges are terminated. A returned draft counts as a bad cheque. For example: if an UnFranchise Owner has already had a returned cheque with the company, then has a returned draft, his/her Cheque Writing Privileges are terminated. Any orders sent to the company with a personal cheque after an UnFranchise Owner is terminated from Cheque Writing Privileges will be sent back to the UnFranchise Owner with a letter stating that he/she must resubmit the order with an acceptable form of payment. If an electronic cheque order is attempted via the website, the computer system will prohibit the order from being processed.
(8) The first time an UnFranchise Owner loses Cheque Writing Privileges he/she is not allowed to write a personal cheque or use the electronic cheque ordering option on the website for at least one year. After one year the UnFranchise Owner may reapply for Cheque Writing Privileges, if all previous NSF situations were cleared within 10 business days beginning the day Market Australia received notification from the bank. If any previous NSF was not cleared within 10 business days, or if the UnFranchise Owner had more than two NSF situations, then the UnFranchise Owner may not reapply for Cheque Writing Privileges. To reapply for Cheque Writing Privileges, UnFranchise Owners must mail or fax a letter of request, to the attention of the Collections Department, which includes the UnFranchise Owner’s name, ID#, and the date of the last cleared cheque with Market Australia. Reinstatement of Cheque Writing Privileges is granted at the sole discretion of Market Australia. If Cheque Writing Privileges are reinstated and another NSF occurs at any time, the UnFranchise Owner’s Cheque Writing Privileges will be cancelled permanently.
(9) Commission and bonus cheques will be held until all returned cheques or drafts, including any service charge(s), are cleared with Market Australia. Any individual commission cheque will be held for only four consecutive weekly commission cycles from the week the commission cheque would have otherwise been mailed, and if the returned cheque or draft has still not been cleared, the commission cheque(s) will be forfeited.
(10) All orders and any other items (forms, requests to change personal information, etc.) that come in while a returned cheque is outstanding will be sent back to the UnFranchise Owner unprocessed with a form letter stating he/she has an outstanding cheque or draft with the company that needs to be cleared before any new items will be processed. If an electronic cheque order is attempted via the website, the computer system will prohibit the order from being processed. This includes situations in which someone else pays for the order or in which someone else’s order is being shipped to the UnFranchise Owner with the outstanding cheque or draft. The only exceptions are orders paid with money order, cashier’s cheque, or certified cheque (see below).
(11) If an UnFranchise Owner sends in an order with a money order, cashier’s cheque, or certified cheque and there is still an outstanding cheque or draft, the payment will go towards clearing the debt. If there is not enough money to clear the cheque or draft, Market Australia will send the order back unprocessed with a note explaining how the payment was used and what the UnFranchise Owner still owes. If the payment covers the outstanding debt, and there is still money left, Market Australia will send as much product as possible with the amount left after the cheque or draft is cleared.
(12) BV cannot be placed in any centres for an UnFranchise Owner that has an outstanding cheque or draft with the company. This means the sponsor cannot put BV in the UnFranchise Owner’s centre by means of a credit card order or a manual order sent or faxed to the company.
(13) UnFranchise Owners on the UnFranchise® Management System (UFMS) cannot use their credit card until their NSF debt is cleared. Upline UFMS members cannot charge orders for these UnFranchise Owners until the outstanding debt is cleared.
(14) UnFranchise Owners may use either a credit card or B-payment to clear an outstanding balance/debit for themselves or their downline.
(15) Business Volume for all orders having returned cheques or drafts will go in for the day Market Australia receives acceptable payment to clear the cheque or draft (including any service charges). However, if the returned cheque or draft is not returned by the bank until after Market Australia has already paid on that Business Volume, then once the cheque or draft is cleared, the BV will be placed back to the original day of the order.
(16) Any cheques or drafts not cleared within 30 days will be turned over to Cheque Fax for collection. If the cheque or draft is still outstanding after 30 days, it will be turned over to the Credit Bureau for collections. (This means that the debt goes against the paying UnFranchise Owner’s credit rating.)
(17) If an UnFranchise Owner is on credit card option for UnFranchise AutoShip and has an outstanding item with Market Australia over 30 days old, the UnFranchise Owner’s credit card option for UnFranchise AutoShip will be cancelled until the returned item is cleared.
(18) If an UnFranchise Owner has a returned payment/electronic draft they will not have access to any of their UnFranchise® Business accounts. The returned payment must be cleared to access your UnFranchise® Business accounts. Your account will be blocked and only serviceable by Market Australia Collections Department.
(19) Stop payments are considered NSF and are subject to a service charge. Market Australia cannot stop a cheque submitted from being sent to the bank for processing. If a cheque is returned to Market Australia unpaid, it will be considered an NSF incident and will affect that UnFranchise Owner’s Cheque Writing Privileges. Note: The only exception is if an order was sent by the UnFranchise Owner over two weeks prior, and Market Australia has still not received the order. In this specific situation, if an UnFranchise Owner wants to place a stop payment on the cheque, he/she should first call the Collections Department at Market Australia to obtain permission to do so, so that if the order shows up later and the cheque is deposited by Market Australia, the NSF will not be held against the UnFranchise Owner’s Cheque Writing Privileges.
(B) Invalid Account or Cannot Locate Account Drafts: The following guidelines apply only to bank drafts submitted via a mailed UnFranchise AutoShip form. They do not apply to bank drafts set up online.
(1) Market Australia needs a cheque for the amount of the draft.
(2) Market Australia needs the correct banking information. UnFranchise Owners need to contact their bank and ask for their Direct Debit bank account #. This needs to be sent in with the cheque to clear the returned draft.
(3) Market Australia will not charge the UnFranchise Owner a service charge nor count this as a bad draft as long as it is cleared before the next draft is pulled. If it is not, Market Australia will cancel all future drafts and there will be a service charge because it will be turned over to Cheque Fax for collections.
(C) Online Cheques and Online Bank Drafts: The following guidelines apply specifically to online cheques and/or online bank drafts.
(1) Because UnFranchise Owners enter their own banking information when using the electronic ordering option on the website, electronic orders that come back from the bank unpaid for any reason are treated the same as a returned cheque or returned draft (whichever is applicable).
(2) UnFranchise Owners will be charged a service charge if an electronic cheque or draft comes back from the bank unpaid for any reason, and this will also count against UnFranchise Owners’ Cheque Writing Privileges and/or ability to be on a bank draft.
(D) Bank Error:
(1) If it is a bank error, Market Australia needs the following information:
(a) A bank letter stating the exact problem in detail (the letter cannot just say it was a bank error).
(b) An account statement identifying sufficient funds on the day the cheque or draft was presented for payment.
(c) An official cheque from the bank covering the Market Australia returned cheque or draft service charge.
(d) A money order covering the total of the cheque or draft.
(2) All the above information must be received within 10 business days beginning the day Market Australia receives notice from the bank. If all the information is not received within the 10 business days, the decision will be “denied” automatically, and the draft or cheque will count against the UnFranchise Owner.
(3) Each letter will be handled on a case-by-case basis. Please understand that just because a bank letter is sent does not mean it is approved. It will be further researched, and the UnFranchise Owner will be notified by telephone as to whether it is accepted or denied.
(4) If the letter is rejected or the 10-day period lapses, it will count against the UnFranchise Owner’s Cheque Writing Privileges and bank draft privileges.
(5) If the letter is accepted, Cheque Writing Privileges will not be affected.
(6) Even though a bank letter is sent, the BV from the order will be placed for the day Market Australia receives the money order (not backdated for the original day the order arrived at Market Australia), unless the BV has already been paid on. Market Australia can only pay commissions on volume when funds are good for that week’s period.
(7) Please note that if a draft or cheque is returned again due to a bank error, it will count against the UnFranchise Owner. Market Australia can only make an exception once for bank errors.
(E) Returning Products on a Non-sufficient Funds (NSF) Order: Market Australia reserves the right to authorise the return of products that are currently in marketable and resellable condition to cover NSF situations.
(1) Return Procedure: UnFranchise Owners must write on top of the package “Attn: Collections Department” and include the Return Authorisation number (RA#) assigned to the UnFranchise Owner by the Collections Department (if this is not on the package it will be refused by the Market Australia distribution centre).
(a) The package must be sent via a shipper that offers package tracking. Market Australia also recommends that UnFranchise Owners insure all packages they return to the company.
(b) The service charge must be received by the Collections Department in the form of a money order or cashier’s cheque.
(2) Return Policy: Market Australia must receive the package and service charge within 10 business days beginning the day Market Australia receives NSF notification from the bank.
Contacts made through Market Australia should be used exclusively for Market Australia purposes. These contacts are proprietary information belonging to the company, to which UnFranchise Owners agree at the time they sign the Independent UnFranchise Owner Application and Agreement.
UnFranchise Owners agree not to solicit other Market Australia UnFranchise Owners and/or customers, except for their personally sponsored UnFranchise Owners and persons they know independently of any Market Australia contact, for any purpose other than Market Australia business activities. This policy includes solicitations for other business activities, regardless whether such activity is network marketing or some other type of business, political campaigns, and charitable activities and events. UnFranchise Owners must not seek to take advantage of their Market Australia connections to obtain donations for charitable events. UnFranchise Owners should not send out correspondence of any kind, including but not limited to mailings, voice mails, or printed material, other than to personally sponsored UnFranchise Owners, soliciting donations. Solicitation at GMTSS events as a speaker, coordinator, or participant is prohibited.
From time to time the company may sponsor or promote charitable activities among UnFranchise Owners; these activities are exempt from this policy. UnFranchise Owners may direct inquiries regarding the permissibility of any solicitation to Market Australia, to the attention of the Director of Corporate and Field Services.
We appreciate the trust you place in Market Australia, and we are committed to respecting your privacy and the security of your personal information. Our privacy policy describes the information we collect and how we use it.
(A) Information We Collect:
(1) Personal Information: To best serve your needs, we will, from time to time, collect certain information from you. The information we collect may include, without limitation, your name, tax identification number, address, telephone number, email address, corporate information, testimonial, credit card information and date of birth. Personal information will be collected at various times including, without limitation, when you:
• Submit an Independent UnFranchise Owner Application & Agreement
• Register a Preferred Customer
• Apply to change the name or ownership of your UnFranchise Business
• Apply to be a Business Entity UnFranchise Business
• Order or reorder products by telephone or on our website
• Write an e-mail or letter to Market Australia
• Submit a testimonial or personal success story to Market Australia
• Order tickets to an event or seminar
• Return an item or make an exchange
• Participate in a marketing survey, promotion or event
• Attend an event or seminar
• Contact our UnFranchise Services
• Navigate the website
• Register on our website
• Order products and services from our partner stores
(2) Technical information collected and stored automatically: When you visit our website, we may store some or all of the following: the Internet address from which you accessed the site, the date and time you visited the site, whether you are a new or returning visitor, the page from which you exit the site, what country you are visiting from (your network location), the Internet address of the website from which you linked to the site, the name of the file or words you searched for, items clicked on a page, and the browser and operating system used.
(B) Using Information We Collect: We want to provide you with the best possible Internet experience and fulfill your orders exactly as you've requested. Additionally, we want to make your experience as an Independent UnFranchise Owner or Sales Representative a pleasant and successful one. In order to do this, we collect information that allows us to, without limitation:
• Process your order
• Provide the products and services you request
• Partner with stores where you like to shop
• Send you promotional offers
• Identify the product and service preferences of you and your customers
• Customise our communications to you
• Provide information concerning products you have purchased for personal use or sale
• Improve our product selection and customer service
• Share your positive product testimonials and personal success stories with others
• Enter into an Independent UnFranchise Owner (or Sales Representative) relationship with you
• Track and credit BV and IBV
• Monitor your compliance with Market Australia rules and policies.
• Include your name, stories, testimonials, images and commission income information in Market Australia publications and literature:
o in local and national newspapers, magazines or other media;
o at Market Australia events, on Market Australia CDs and DVDs and other audios and videos, on websites and in publications and literature owned, operated or published by Market Australia or its affiliates or third parties;
o in any other Market Australia communications to the field or others; and/or
o as otherwise deemed useful or appropriate by Market Australia.
(1) Use of Technical Information: This information is used to measure the number of visitors to the site and to various sections of the site, the percentage of visits that came from particular key word searches, the average time spent on the site by visitors and the average number of page views by visitors. It may also be used to identify system performance or problem areas. We also use this information to help us develop the site, analyse patterns of usage, and to make the site more useful. This information is not used for associating search terms or patterns of site navigation with individual users. The site may periodically delete its web logs. We use third party analytics services to collect and analyse this data, and on occasion, we may provide this information to third party entities we contract with for the purpose of further analysing website traffic.
(2) Use of Cookies: Market Australia uses cookies on our websites. A cookie is a small data file that is stored by your web browser on your computer. Cookies allow us to enhance, personalise and track your online experience, so that the information you receive is more relevant to you. This technology will allow you to move faster through our website once the information is in our database since you do not have to re-enter the same information or log in each time you enter the site.
(C) Information We Share with Others and Your Privacy Rights:
(1) It is not a practice of Market Australia to sell, rent or trade personal information. In order to service our UnFranchise Owners, Sales Representatives and Preferred Customers, we share limited personal information with our Independent UnFranchise Owners and affiliates. Market Australia's Independent UnFranchise Owners are obligated to treat the information you supply with confidentiality.
(2) We share certain limited information with the partner stores where you shop. Additionally, we contract with other companies to provide certain services, including without limitation credit card processing, IT consulting, printing, shipping, Internet services, e-commerce, public and media relations. We make every effort to provide these companies with only the information they need to perform their services. Generally, such companies are prohibited from sharing this information with anyone other than Market Australia or its Independent UnFranchise Owners.
(3) On rare occasions, we may disclose specific information upon governmental request, in response to a court order, or when required by law to do so. We may also share information with companies assisting in fraud protection or investigation. We do not provide information to these agencies or companies for marketing or commercial purposes.
(D) How We Use E-mail: When you provide us your e-mail address, we may send you emails necessary to process your order, respond to a request, provide customer service, promote products or services, or assist you in growing your business, inform you about products, services or promotional materials and assist you with the promotion of products and services to your customers. It is our intent to send promotional emails only to those persons who wish to receive them. We provide instructions on how to unsubscribe in our emails.
(E) Links to Other Sites: We provide links on our website to other sites. These sites operate independently of Market Australia and have established their own privacy and security policies. We encourage you to review these policies at any site you visit.
(F) Updating or Reviewing Your Information: You may review or update your UnFranchise Owner information (name, address, telephone number, email address, credit card number, etc.) on this website (www.unfranchise.com.au) under My Account, Account Settings, UnFranchise Owner Profile.
(G) Security:
(1) Market Australia is committed to protecting the privacy of your personal information. It is our intent to protect against the loss, misuse or alteration of information that we have collected from you. We use a variety of current technologies and processes for protection of information we collect, and we limit the information we provide to third parties.
(2) When you make a purchase or submit an Independent UnFranchise Owner Application & Agreement or other document on our website, your transactional information is transmitted in a safe, encrypted format.
(H) Privacy of Children on Our Website: Our website is not intended for use by anyone under the age of 18. We do not knowingly collect personal information from persons under the age of 18.
(I) Policy Changes: From time to time, we may use customer information for unanticipated uses not previously disclosed in our privacy notice. If our information practices change, we will post these changes in our website. We encourage you to review our privacy policy periodically.
(J) Your Consent: By using Market Australia facilities and continuing to order products and services, you consent to the collection and use of your personal information as detailed in this privacy policy.
(K) Contact Us: We always welcome your questions and feedback. For privacy-related issues, please contact us at fieldcompliance@marketamerica.com
In the event individuals initially learn about and/or are introduced to Market America Worldwide and SHOP.COM’s business, technology and/or products by visiting marketamerica.com, SHOP.COM, any of the product brand sites, incoming calls, email inquiries, etc. these individuals will be referred to eligible UnFranchise Owners.
(A) Market America will make every attempt to identify if any potential Preferred Customer or business lead is already connected to an existing UnFranchise Owner. If and when this is identified, Market America will attempt to reconnect the lead to that identified UnFranchise Owner.
(B) If a potential Preferred Customer or business lead was not identified to be connected to an existing UnFranchise owner, Market America will refer the lead to an eligible UnFranchise Owner. Once the Preferred Customer or business lead is assigned to an UnFranchise owner, all future BV, IBV and/or retail profit will be credited to the assigned UnFranchise owner. Any BV, IBV and/or retail profit created prior to the assignment of the Preferred Customer or business lead, will be retained by Market America to offset the costs associated with marketing and servicing the leads.
A Market Australia UnFranchise Business is a business. Ideally, it should be approached with a sense of purpose. As a business owner, each UnFranchise Owner is ultimately responsible for carrying out the essential functions of an UnFranchise Business for himself or herself. These essential functions include, without limitation: (A) retail selling, (B) quarterly verification of retail sales (Form 1000), (C) attending any required training and (D) completing and submitting the Annual Renewal and other application agreements with the company. Company policy does not permit an UnFranchise Owner (or any third party) to operate the business of another UnFranchise Owner or perform the essential function of another UnFranchise Owner.