DO NOT TRUST MANNATECH!

I used to run health & business teleseminars and physical open seminars and trainings across Australia and New Zealand with full authority of and publicity by Mannatech.

Mannatech does not follow it’s own policies and precedures. They interpret them to suit themselves and allow select top distributors free reign to do whatever they wish so long as they are “in the good books”.

The company and some top distributors then turned on me because I also associated with other companies that sold what Mannatech considered to be competitive products. They were NOT.

Mannatech accused me of crossline and downline promotion of competing companies that could not be proven. Distributors and company officials lied in statutory declarations.

The company finally decided to terminate my business after 10+ years of dedicated promotion and support. They can do that because they sign the cheques, have expensive lawyers and deeper pockets to fight you till you are exhausted, emotionally destroyed or have run out of money (or all of the above)

Mannatech Terminates Glenn in 2007.

A group of the top Mannatech distributors did not like me because I was making waves in the internet marketing and got popular on my international conference call.

They made up stories and blatantly lied to Mannatech. Mannatech took their word for it did not investigate properly.

They terminated me without warning citing solicitation.

I fought them, at my own cost and with no legal representation for nearly six months, and won my distributorship back again.

However they could never prove fault on my behalf.

In 2008 I got a corporate job as Sales and Marketing Manager in Amega Global, a new MLM to Australia. I felt obliged to terminate myself from Mannatech due to a potential conflict of interest. The paperwork was never confirmed accepted by them.

Forward to June 2010

In June 2010 (12 months later, after Mannatech’s non-solicit clause had expired) I put out some marketing info on a new MLM to my email lists.

Mannatech did it AGAIN…

They attempted to put the 12 month solicitation clause after temination into effect… even though I had been terminated for over 12 months!

They claimed I was only terminated from them from March 2010 when they entered my termination into their system. They would not accept the legal (effective) date on the signed termination form!

They blatantly refused to correct the termination date in their system, however, after months of bullying by Mannatech we mutually agreed on 1 Jan 2010 as the effective end of rights and responsibilites following termination (under extreme duress on my part).

Here’s My Beef

Distributor lists are NOT confidential information owned by the company. They are  JOINTLY OWNED.

MLM companies say they OWN the customer list. No matterwhere it comes from. They say I have no right to use it after I cease being a distributor, even though as part of my business requirement was to build a business network at MY cost.

MLM company customer list and solicitation definitions are too draconian! They do not take into account how a business network develops. They do not even take into account relationships that existed prior to becoming a distributor with thaat company.

A HUGE change is due and I welcome the ruling that came in against Melaleuca,  a company with the MOST draconian rules I have ever seen.

I know of an Australian couple who fought Melaleuca for this same reason.. They settled out of court but they were minus $250,000 in legal fees! It apparently cost Melaleuca 10 times that!

MLM companies think that if a distributor (or ex distributor) sends an email promoting another opportunity (MLM or otherwise) to one of their distributors then that distributor will stop producing an income for them.

That is totally false and built totally on fear of loss!

If THAT distributor is so ready to jump to another company or opportunity then so be it. They were not committed to the company in the first place and ANY opportunity that came along would interest them, from me or otherwise.

I make the comparison to a Catholic talking to a Jew with the intent to being converted to Judaism. If it was meant to happen then let it happen. If not the Catholic will stay with their faith and say thanks but no thanks. Everyone is still happy.

I believe this is how it should be in MLM. Let people make up their own mind and get on with business of seeking and keeping happy customers and ditributors, not trying to hold onto the ones that are not interested anyhow.

That’s my rant for now… I could talk on this topic for hours. I will not bore you with more here so call me to talk to me if this has happened to you or you need advice as to how to proceed if it IS happening to you.

This is by far the best explanation of the Muslim terrorist situation I have ever read.

His references to past history are accurate and clear.

Not long, easy to understand, and well worth the read.

The  author of this email is said to be Dr. Emanuel Tanay, a well-known and well-respected psychiatrist.

A German’s View on  Islam

A man, whose family was German aristocracy  prior to World War II, owned a number of large industries  and estates. When asked how many German people were true Nazis, the answer he gave can guide our attitude toward fanaticism. ‘Very few people were true Nazis,’ he said, ‘but many enjoyed the return of German pride, and many  more were too busy to care. I was one of those who just thought the Nazis were a bunch of fools. So, the majority just sat back and let it all happen. Then, before we knew it, they owned us, and we had lost control, and the end of the world had come. My family lost everything. I ended up in a concentration camp and the Allies destroyed my factories.’

We are told again and again by ‘experts’ and ‘talking heads’ that Islam is the religion of peace and that the vast majority of Muslims just want to live in peace. Although this unqualified assertion may be true, it is entirely irrelevant. It is meaningless fluff, meant to  make us feel better, and meant to somehow diminish the  spectre of fanatics rampaging across the globe in the name of Islam.

The fact is that the fanatics rule Islam at this moment in history. It is the fanatics who march. It is the fanatics who wage any one of 50 shooting wars  worldwide. It is the fanatics who systematically slaughter  Christian or tribal groups throughout Africa and are gradually taking over the entire continent in an Islamic  wave. It is the fanatics who bomb, behead, murder, or honour-kill. It is the fanatics who take over mosque after mosque. It is the fanatics who zealously spread the  stoning and hanging of rape victims and homosexuals. It is the fanatics who teach their young to kill and to become suicide bombers.

The hard, quantifiable fact is that the peaceful majority, the ’silent majority,’ is cowed and extraneous.

Communist Russia was comprised of Russians who just wanted to live in peace, yet the Russian Communists  were responsible for the murder of about 20 million  people. The peaceful majority were irrelevant. China’s  huge population was peaceful as well, but Chinese Communists managed to kill a staggering 70 million people.

The average Japanese individual prior to World War II was not a warmongering sadist. Yet, Japan murdered and slaughtered its way across South East Asia in an orgy of killing that included the systematic murder of 12 million Chinese civilians; most killed by sword, shovel, and bayonet.

And who can forget Rwanda, which collapsed into butchery? Could it not be said that the majority of  Rwandans were ‘peace loving’? History lessons are often incredibly simple and  blunt, yet for all our powers of reason, we often miss the  most basic and uncomplicated of points:

Peace-loving Muslims have been made irrelevant  by their silence. Peace-loving Muslims will become our enemy if they don’t speak up, because like my friend from Germany, they will awaken one day and find that the fanatics own them, and the end of their world will have begun.

Peace-loving Germans, Japanese, Chinese, Russians, Rwandans, Serbs, Afghans, Iraqis, Palestinians,  Somalis, Nigerians, Algerians, and many others have – yes that includes us Americans as well – who suffered and died because the peaceful majority did not speak up until it  was too late. As for us who watch it all unfold, we must  pay attention to the only group that counts–the fanatics  who threaten our way of life or our lives.

This is a great article that was passed to me by a good friend.

Great intel on the Iraqi RV.

Looking like it will happen really soon.

Good luck all.

————————————————–

* Michael Email: Synopsis of Where We Stand Dec 27, 2010

December 28th, 2010 01:54 am · Posted in CHATS / POSTS

Synopsis of Where We Stand   Dec. 27th 2010

There is updated Intel at the bottom…

If you are invested in the Iraqi Dinar (IQD) then you are a Currency Speculator.

What is a Currency Speculator?  A currency Speculator is one who is
gambling on a rate of a certain currency.  Nearly all global currency
values rise and lower in a continual ebb and flow dictated by the
global economy. Generally speaking the values only rise and lower in
the single digit percentages unless in rear cases a catastrophic event
occurs such as war.
A currency speculator looks at different economies and gambles on
potential outcome that will cause an upward trend in a given currency.
Once they make their decision based on their studies, they simple
exchange their currency for the currency they are speculating, then
watch the global foreign currency exchange market (like Forex) to know
when to sell. This practice is very much the same as trading stocks
and does carry risks. As with stock, one can minimize their rise by
simple doing their homework. For instance, there are some currencies
that are against the law to speculate, if you are not aware of this
and exchange into that currency, you will not be able to get rid of
that currency. There are also counterfeiters in all currencies and if
you do not know what to look for in a given currency, you may be
buying fancy colored paper instead of an actual currency with a value.
Another key point that you may or may not be aware of is that some
currencies have national or international restrictions placed on them,
not allowing the currency to be speculated. However a key point I want
to make here about our investment. When the PLAN was being formed back
in 2003 or before, the IQD was singled out and given a special
consideration. A mandate was granted from the IMF (International
Monetary Fund) and the US to allow the IQD to be speculated, thus
giving us in the know an opportunity of a life time.
The PLAN we speak about was developed many years ago based on the
world economy. You see, one would have to do a lot of studding of the
global history to see but there is and has been pattern and a need to
make global economic adjustments every decade or so based on where the
economy is at a given time. When these occur, most of the global
population is unaware of the adjustments and if you were paying
attention, all you would notice is your governments local economy
seems to start doing better. The last time this occurred was after
Kuwait was liberated. There was a much smaller window but the fact
remains that there were folks the speculated the Kuwait dinar and made
millions. In this instance, the need for the global financial
adjustment was slight.
As you know by listening and reading in the news, this financial
crisis is wide spread and touches every world economy in a major way.
The architects of the plan realized the depth and breadth of this
serious economic crisis. So the design in this case is huge because it
has to be, to jump start economies around the globe. Iraq became the
natural target for the needed economic adjustment for many reasons.
First and foremost was to oust Saddaam and try him for crimes agent
Humanity. The second was when he took control of Iraq; he pulled all
of Iraq’s currency and printed his own currency with his face on all
of the notes. At this time the standard IQD was pulled off the
international market and shelved. The IMF gave it a program rate of
1180 IQD to $1.00 USD (even as far back as this was, the insanely low
rate could have been part of the PLAN). This was a major decline in
the value which was $3.22 IQD to $1.00 USD.
What took place from that period until now, is as they say, the rest
is history. So now we are at the present and there is a ton of people
invested in the IQD (actually less than 8% of the total global
population) wanting to know when and if Iraq is going to RI/RV their
currency.
History and why we know Iraq will RI/RV?
First I want to point out the statement RI/RV. RI represents a
Reinstatement of the IQD, which means Iraq would reinstate the Dinar
back to per-Saddam value of $3.22 IQD to $1.00 USD. An RV represents a
Revalue of the Dinar meaning that they will give their currency a
higher value than it once had before the IMF gave them a program rate
in the beginning of the Saddaam take over.
There are as many opinions on the topic of RI or RV as there are
forums.   Along with that only 8% of the global population is invested
in IQD. By design, the entire global population cannot know about this
and take part because Iraq could not cover that many people being
involved. Nor do they have enough IQD for everyone to own some. Just
as any country, Iraq knows exactly how much currency they have
printed.  So to curve speculators Iraq and other governments around
the globe have put out false information and propaganda to steer the
attention away from what is happening. However, for this to work for
the global economy, Iraq and the IMF needed a certain amount of
speculators, you and me to accomplish two things.
First Iraq needed us to hold the rate of the IQD stable once they got
rid of the Saddaam currency and put their original IQD back out there.
We made it stable buy purchasing it through currency exchanges. The
daily auction Iraq has been having is to establish a rate and then
show the IMF they can hold it stable.  The IMF needs a certain amount
of speculators; you and me, to boost the economies around the globe,
by spending our new found wealth once all is done and Iraq adjust
their currency. Just image the impact it is going to have on the us
economy when over 1million new millionaires start spending their new
found wealth on housing, cars, and goods. That is not to mention the
relief the US government will realize from the estimated 7 trillion
IQD they hold in the US Foreign Currency Reserves, as well as all of
the taxes they will be collection from you and me and this is going to
happen in every country on the globe. You start to understand the
magnitude and the full breath of the PLAN…
Okay, what is in it for Iraq:
Well first and foremost, we removed a dictator that ran the country
without regard to humanity amongst the Iraqi people. He kept them in
poverty while he ran one of the most corrupt regimes on the planet.
Murder, corruption, fear, and hunger were a way of life for many
years.
Lead by the US, the UN and many counters from around the globe
liberated Iraq from this dictator and brought him to Iraqi justice,
you know the rest.
The collaboration of forces set the stage for Iraq to become the great
nation it once was. IT is Iraq’s desire and continual effort to become
an upstanding member of the International community once again. They
have made great strides as they have worked to get rid of the many
atrocities and problems the former regime left in its’ wake. Iraq has
worked methodically to eliminate the many road blocks that stand
between them and regaining their once proud heritage as a member of
the International community and in good standing.
1.      There were many resolutions that needed attention
2.      There were and still are some sanctions placed on them
3.      They were in Chapter 7 protection
4.      They had to rework their Constitution
5.      There was considerable debt owed to the world governments
6.      They had to grasp a full understanding of their financial
books, after many years of corrupt book-keeping and the loss of
billions of IQD.
The Culmination
There were agreements made with Iraq and the world, namely the UN and
the IMF. The UN and IMF explained to the Iraqi leaders of the plan and
their role. Iraq says how can w do this, we have nothing but the oil
we have in the ground and no other commodity to allow us sell and get
funds to rebuild our land to a point where we can start to produce oil
to pay back all of the debt the previous regime has left us with.
The UN forces back by the US troops said we have a plan and here it is…
1.      See there is a thing called the Paris Club, which is a group
of 19 major governments from around the globe. All of which you, Iraq,
owe a great deal of money too. In the billions in fact. Well we have
put together an agreement that says we, the 19 world economies will
forgive your debit as long as you allow each of us to hold your IQD in
our Currency Reserves and allow us to eventually return the IQD we are
holding for a revalued dinar rate. Furthermore we will not release our
entire dinar holdings on you all at once. It will be a controlled
return over a period of 24 month. (For this piece, which Iraqi agreed
to, they have to RI/RV by Dec. 31st 2010 or the forgiven Debt will be
due at once).
2.      The IMF will grant you short term loans so you have funds to work with.
3.      We will lift Chapter 7 only after you accomplish several things
a.       Get your government seated and working
b.      2011 Budget worked out so we see you have included the RI/RV
c.       Border disputes with Kuwait
d.      Show that you have made great strides in getting the HCL completed.
4.      Iraq if you do all of these things, we the UN/IMF will allow
you to, at a minimum reinstate you currency at the $3.22 rate it once
was at prior to the former regime destroying its value in the
international market. We will also allow you to add 20% for cost of
living increases that have taken place over the years that your IQD
has been out of circulation.
5.      As an added incentive, based on the quality and quantity of
crude you have in the ground, we will allow you to revalue you
currency instead of reinstating it to a value within reason. We are
allowing this because based on our investigation of your oil fields…
You Iraq will be one of the richest if not the richest countries on
the globe. It is your choice as to where you want to revalue your IQD
but our projections estimate you could withstand a rate as high as
$16.00 IQD to as low as $1.00 USD. We would highly recommend to you
that a rate that high will cause many problems and have inherent risk.
With all of the news and knowledge regarding your economic potential
it would be way to risky to come out with a rate lower then you
previous value for $3.22 IQD to $1.00 USD because anyone with enough
backing could come in and buy up all of your currency, there by
controlling Iraq. It is our opinion that the rate needs to be such to
curve further speculation but also be something manageable in the
short and long term.
6.      We feel a managed float over at least a 24 month period of
time, with a controllable rate for now will accomplish what is in the
best interest of all. It will allow sustained growth for the Iraqi
economy, it will allow Iraq to become a member of the international
community once again, and it will allow the IMF to boost the world
economy. Also, it will keep someone from coming in and buying up your
country…
Summarization:
Iraq has been given a choice,
1.      The IMF is saying to Iraq, we are granting you the ability to
reinstate your currency at the pre-Saddaam rate of $3.22 with a 20%
increase for cost adjustment for the years it was out of circulation.
Or because of the potential we see with your economy, we will also
allow you to revalue your currency to a rate within reason. If you do
this by December 31st 2010,  we will agree to allow the Paris Club to
forgive your debt and we will lift you from Chapter 7 sanctions. Thus
allowing you to rejoin the international community with your currency
and trade.
Sanctions that will be lifted:
a.       Allows you to have an international recognized currency
i. Which allows you to trade on the Forex
ii. Allows Iraqi stock to be traded on the international market
iii. Allows all of the signed contracts for the oil fields, utilities
reconstruction, road construction, building construction to begin
b.      Allows you to receive global shipments from all of the ships
that have been sitting in your ports.
c.       Allows you to finally pay your government employees
d.      Allow you to load the smart cards that will pay the Iraqi
citizens living expenses for the short term, also pay the retired
citizens. All of which have not been reviving anything for some time.
At this point, Iraq has agreed to everything and we are now in the
last phases of this plan. We are waiting for Iraq to finally pull the
trigger and release the RI/RV between now and Dec. 31st.
I believe the World community and the UN/IMF are not really leaving
Iraq a choice and they are tired of Iraq dragging their feet… But, if
for some reason they don’t pull the trigger by Dec. 31st, this coming
Friday… According to the PLAN this was to happen in 2009… Not sure of
all that would come down on them but it certainly would be the end of
the current GOI…
The latest Intel we have received is that the message that came out
yesterday that the GOI will be breaking for two weeks starting
tomorrow is false.
PD claims that they have proof that the GOI is meeting right now and
will be all this week.
They are still expecting the RV to happen before Friday and the very
bottom rate, the lowest it could be is $3.22.
SO we wait and watch…

Sincerely,
Michael

Here’s some things to support the RV going through (hopefully really soon)

LOTS happened yesterday (15 Dec) to move the IQD RV ahead!

Many people I know are interested or have already bought or reserved IQD (Iraqi Dinar). I have received no less than 12 phone calls from friends wanting to take advantage of one of the biggest financial events in history (remember the revaluation of the Deutschmark after WWII)

Customs are confiscating money shipped in the post

If you are in Australia you should NOT purchase online at DinarBanker.com or any other website. Australian customs in now confiscating (and destroying) Dinars that are being posted to Australia.

It is an offence to mail cash FROM or TO anywhere in the world. Authorities MUST know about it’s movements.

Beware! You can go to jail of you are caught shipping money (especially large amounts) in the mail.

How to order IQD in Australia

• Call Shane (Dinarbanker’s rep in Australia) on 02 6573 3224 or 0428 761 317

• Shane can arrange for the EASY purchase without all the hassles.

• Purchase 100,000 IQD for $175 AUD or 1,000,000 IQD for $1580 AUD

• These prices include ALL customs duties and transfer fees.

• He will also ensure it is tracked right to you with guarantees and signatures

• If you order online it can go astray or be confiscated

14 Billion Dinars Now being Traded Daily by DinarBanker!

They went from 14 staff to 86 in a week. What a backlog! Do not wait to place your order. Around Christmas everything slows and public holidays get in the way. You don’t want to miss out now…

Dinar Daddy: My Take on the Events of the Day

http://theiraqidinar.com/2010/12/15/dinar-daddy-my-take-on-the-events-of-the-day/

BH Group resources

http://theiraqidinar.com/index.php?s=bh+group

Get SMS notification when the RV is CONFIRMED!

http://theiraqidinar.com/2010/11/13/dinar-daddy-cell-phone-text-notification-sign-up-instructions/

Is Iraqi Dinar a scam?

http://ask.alibaba.com/Q/800204074-is-Iraqi-Dinar-a-scam.html

[...] This company DelaRue printed 9 Trillion IQD and they introduced this in October of 2003 and gave the Iraqis 3 months to exchange the old for the new. A total of 4.5 trillion was exchanged and went into circulation and the rest was placed into protective storage. When the new IQD was printed there were 14 denominations printed but only 9 have been issued to date and it is speculated the lower denominations that were not released are the ones that are about to go into circulation now as they remove the larger zero not. esIt is speculated that the 5 missing denominations that we are about to see are the 25 dinar the 10 dinar the 5 dinar the 1 dinar and the 1/2 dinar notes. [...]

Some Dinar Resources

The Web’s Only RV-O-Meter (at 98.2% now up 1.2% from yesterday)
http://currencynewshound.wordpress.com/the-webs-only-rv-o-meter/

www.scgs.us

The Dinar is about to revalue any minute of the day…

99.9% certain to happen before 15th Dec 2010 according to many experts.

Listen to the Audio Conference Call

Download The Audio File

If you haven’t made even a $100 investment you will be kicking yourself for the next ten years.

Just $106 US investment now could turn into $3,000,000 within the next few days.

I HAVE personally taken action and reserved 1,000,000 Dinar for only $106 USD. (10% down and 30 days to pay the balance. You can do it too if you choose. Visit www.DinarBanker.com They now have a representative in Australia.

BH Group Update

Hello Fellow Dinaratarians and Dinaraholics,

The Dec 6th Monday Night Call with the B.H. Group was pre-recorded and now available to hear on your computer. We had so many people on the call last week that we had trouble replaying the call and keeping the call quality so that people could access it. I think we have the problem solved.

Now, here is the treat. We had 2 great guest hosts. International Currency Expert Rudy Coenen and Don Turner.  Brad does “Dinar 101” and we then had a “Round Table Discussion” with Rudy and Don answering questions. The link can handle thousands at one time where the call line can only handle 1,000.

Enjoy!

CLICK HERE TO LISTEN TO RECORDING

Also, there is a play back number, but it can only handle 100 callers at any one time:

1-712-432-1085   access 7864822#

Statement of Policies non-compete clause ruled illegal in a summary judgment that could have far reaching effects for independent contractors with other multilevel marketing (MLM) companies as well

At the heart of a large number of lawsuits in multilevel marketing (a.k.a. network marketing) enterprises, is the question of what rules should govern the business behavior of a distributor (associate, independent consultant, IBO, etc., whatever the designation in the particular company) when that distributor decides he or she wants to work with another company.

For example, here are just some of the questions that arise regarding Distributor A of Company A:

• Can a distributor for Company A participate in other MLM companies or businesses in general?
• Can a distributor of Company A “recruit” or sell the products of Company B to any other distributors in Company A?
• If so, which distributors? Ones they knew before they joined Company A? Only distributors who were personally sponsored into Company A by Distributor A? Or none at all?
• If Distributor A quits or is terminated by Company A, then should there be a “non-compete” clause?
• If so, for how long? What activities would be covered by the “non-compete” clause?

These are not easy questions to answer to make sure that Distributor A has the appropriate freedoms of being an Independent Contractor while making sure that Distributor A does not hurt other distributors in Company A and other distributors in the sales organization that he built with Company A.

In Melaleuca, the associates are called “Marketing Executives” and are, like with other companies, legally defined as independent contractors. The non-compete provision in this case is defined in Melaleuca’s Statement of Policies and Definition of Terms at Policy 20.

The parties’ chief disagreement concerns the applicability and, importantly, the legality of Policy 20 of this Policy as part of Melaleuca’s Independent Marketing Executive Agreement (IMEA).

Below are some of the pertinent sections of Melaleuca’s very long Policy 20. Non-Solicitation and Conflicts of Interest as discussed in Judge Jon J. Shindurling’s Opinion, Decision and Order for Summary Judgment filed December 3rd, 2010 in Bonneville County Idaho:

Policy 20 is a lengthy section of the IMEA entitled Non-Solicitation and Conflicts of Interest. It forms the basis of Melaleuca’s complaint against the Foellers. The Foellers argue that Policy 20 contains an illegal liquidated damages provision and that Melaleuca’s cause of action is barred under Idaho law.

Policy 20 allows Melaleuca contractors to participate in other business activities while they work for Melaleuca. However, the IMEA contains a number of limitations on the competing business activities. The relevant limitation is: “During the period that their Independent Marketing Executive Agreements are in force Marketing Executives and all members of their Immediate Household are prohibited from directly, indirectly or through a third party recruiting any Melaleuca Customers or Marketing Executives to participate in any other business ventures.” –Policy 20 (a)(i).

The IMEA Melaleuca Definitions of Terms defines “recruit” as:

1) To attempt to enroll, enlist, or solicit an individual or entity to join a business, program or organization; or 2) to attempt to promote, influence or encourage an individual or entity to join a business, program or organization; or 3) to present, or participate or assist in the presentation of a business, program, organization or its products. To constitute recruiting, such efforts or attempts may be performed either directly through personal contact or indirectly through a third party.

The policy goes so far as to state that such activities are violations “even if the Marketing Executive does not know that the prospect is also a Melaleuca Customer or Marketing Executive.”

Policy 20 also states:

Violation of any provision of this Policy 20 constitutes a Marketing Executive’s voluntary resignation and cancellation of his/her Independent Marketing Executive Agreement, effective as of the date of the violation, and the forfeiture by the Marketing executive of all commissions or bonuses payable for and after the calendar month in which the violation occurred. –Policy 20(c)(i).

Note that it was this particular provision, Policy 20(c)(i) that was at the heart of Melaleuca’s Motion for Summary Judgment in their case against Rick and Natalie Foeller, NOT the whole non-compete policy. (Non-solicitation clauses are generally regarded as necessary and important parts of any MLM company’s policies.)  But, this is one of the provisions that put real teeth in to Melaleuca’s whole policy.

Melaleuca argued that the quoted provisions of the IMEA allow it to demand repayment of all commission payments since June 2008, when the first violation of Policy 20 was alleged to have occurred.

The Foellers argued that the forfeiture provision of Policy 20 constitutes a liquidated damages policy and an illegal penalty.

Interestingly, the judge argued that it really didn’t matter whether the clause was a liquidated damages clause or not and ruled that the clause was not allowed by Idaho contract law in any case:

However it is not necessary for a provision to be styled as a liquidated damages clause in order for it to be an illegal penalty. “[W]here the forfeiture of damage fixed by the contract is arbitrary and bears no reasonable relation to the anticipated damage, and is exorbitant and unconscionable, it is regarded as a ‘penalty’, and the contractual provision therefore is void and unenforceable.” Magic Valley Truck Brokers, Inc. v. Meyer, 133 Idaho 110, 117, 982 p.2d 945, 952 (Ct. App 1999).

Clauses intended to punish a breaching party are not allowed in Idaho contract law.

…

Melaleuca states that the amount requested is reasonable because it exactly matches the damages Melaleuca suffered as a result of paying commissions to the Foellers. This argument is unconvincing based on the evidence currently before this court. Melaleuca seeks to retroactively take money paid to the Foellers for sales commissions; there is no argument or evidence that these commissions were not tied to profitable sales as a result of the Foellers’ work as contractors for Melaleuca or that these are recognizable damages. Rather it appears that, lacking other evidence, Policy 20(c)(1) acts solely to “deter a breach or to punish the breaching party.”

There remains a genuine issue of material fact as to what damages Melaleuca suffered as a result of the Foellers’ recruitment of Melaleuca customers and executives into Max. Summary judgment is not appropriate on this issue and will be denied.

In other words, there was no evidence presented that Melaleuca did not profit from the sales that produced those commissions, in fact, there was no evidence that Melaleuca had been damaged at all by the Foellers’ alleged breach of Policy 20. If the judge allowed Melaleuca to reclaim those commissions paid after the alleged breach of the contract, it would allow an “illegal penalty” (and policy provision) that sought only to punish the breaching party to be enforced and, very probably, an injustice to rendered.

Over the years, how many times have we heard of companies taking away a distributor’s business over alleged violations of similar rules in the company’s P&Ps?

In many of those cases, might the forfeiture of the distributor’s entire business and income stream be an “arbitrary” penalty that bears no “reasonable relation” to the real damages sustained by the company and be “exorbitant and unconscionable?” There is no question that may be true many times, and not true other times.

Should not the punishment fit the crime?

It is important that these matters be handled in a way that is just for all concerned.  And that rarely is as easy as taking away a business and income stream that a distributor, and independent contractor, may have worked many years to build over policy infractions that may have cost the company little or nothing in actual damages.

[Bold fonts are inserted by the author of this post.]

Natalie Foeller’s Facebook page carried this post dated the 3rd of December:

Attention all networkers: I have been hoping that this day would come….Melaleuca sued us 1 1/2 years ago and so far has not won any motion against us. Today, they had their biggest loss. Melaleuca proudly say they never lose a case, well they sure did today! This is a huge set back for Melaleuca and a huge win for those that will come up against them in the future!

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Glenn’s COMMENTS & OPINION

Mannatech (Australia and USA) did the same to me (Glenn) back in 2007.

A group of the top Mannatech distributors did not like me because I was making waves in the internet marketing and got popular on my international conference call. They made up stories and blatantly lied to Mannatech. Mannatech took their word for it did not investigate properly.

They terminated me without warning citing solicitation. I fought them, at my own cost and with no legal representation for nearly six months, and won my distributorship back again. However they could never prove fault on my behalf.

In 2008 I got a corporate job as Sales and Marketing Manager in Amega Global, a new MLM to Australia. I felt obliged to terminate myself from Mannatech due to a potential conflict of interest. The paperwork was never confirmed accepted by them.

In June 2010 (12 months later, after Mannatech’s non-solicit clause had expired) I put out some marketing info on a new MLM (LiveSmart260) to my email lists, Mannatech did it AGAIN… They attempted to put the 12 month solicitation clause after temination into effect… even though I had been terminated for 12 months!

They claimed I was only terminated from them from March 2010 when they entered my termination into their system. They would not accept the legal (effective) date on the signed termination form!

They blatantly refused to correct the termination date in their system, however, after months of bullying by Mannatech we mutually agreed on 1 Jan 2010 as the effective end of rights and responsibilites following termination (under extreme duress on my part).

Here’s My Beef

Distributor lists are NOT confidential information owned by the company. They are  JOINTLY OWNED.

MLM companies say they OWN the customer list. No matterwhere it comes from. They say I have no right to use it after I cease being a distributor, even though as part of my business requirement was to build a business network at MY cost.

MLM company customer list and solicitation definitions are too draconian! They do not take into account how a business network develops. They do not even take into account relationships that existed prior to becoming a distributor with thaat company.

A HUGE change is due and I welcome the ruling against Melaleuca (a company with the MOST draconian rules I have ever seen)

I know of an Australian couple who fought Melaleuca for this same reason.. They settled out of court but they were minus $250,000 in legal fees! It apparently cost Melaleuca 10 times that!

MLM companies think that if a distributor (or ex distributor) sends an email promoting another opportunity (MLM or otherwise) to one of their distributors then that distributor will stop producing an income for them.

That is totally false and built totally on fear of loss!

If THAT distributor is so ready to jump to another company/opportunity then so be it. They were not locked in in the first place and ANY opportunity that came along would interest them, from me or otherwise.

I make the comparison to a Catholic talking to a Jew with the intent to being converted to Judaism. If it was meant to happen then let it happen. If not the Catholic will stay with their faith and say thanks but no thanks. Everyone is still happy.

I believe this is how it should be in MLM. Let people make up their own mind and get on with business of seeking and keeping happy customers and ditributors, not trying to hold onto the ones that are not interested anyhow.

That’s my rant for now… I could talk on this topic for hours. I will not bore you with more here so call me to talk to me if this has happened to you or you need advice as to how to proceed if it IS happening to you.

Add your comments!

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Source: NaturalNews

A new animation video from The Story of Stuff Project, the Campaign for Safe Cosmetics and Free Range Studios deals a devastating blow to the chemical industry with a straightforward, hard-hitting and entertaining look at the toxicity of cosmetics and personal care products.

Narrated by Annie Leonard, who also narrated the hugely popular Story of Stuff animations, this new cosmetics animation takes aim at the toxic cosmetics industry, exposing how many popular brand-name products contain cancer causing chemicals.

Or… Watch the video on NaturalNews.TV: http://naturalnews.tv/v.asp?v=DF748…

Talking about shampoo products, Annie says, “Pantene contains a chemical linked to cancer. And lots of other products in my bathroom, from sunscreen to lipstick and even baby shampoo, also contain chemicals linked to cancer or other problems like learning disabilities, asthma and even damaged sperm.”

The animation goes on to explain the aggregate toxic burden of personal care products on the lives of everyday consumers:

“The average woman in the U.S. uses about twelve personal care products daily… each product containing a dozen or more chemicals. Less than 20 percent of the chemicals used in cosmetics have been assessed for safety by the industry safety panel, so we just don’t know what they do to us when we use them.”

“It’s like a giant experiment,” Annie continues. “We’re using all these mystery chemicals and just waiting to see what happens… The FDA doesn’t even assess the safety of personal care products or their ingredients… they don’t even require that all the ingredients be listed on the label!”

Why telling the truth threatens Big Business in America

Annie has done a great job with The Story of Cosmetics. The information presented in this video is unusually blunt for someone who has achieved mainstream popularity and recognition in the popular press.

The video takes direct aim at Herbal Essences shampoo from Proctor & Gamble (the company I consider to be the Monsanto of the body care industry), saying, “This is Proctor & Gamble. They’re the ones offering me Herbal Essences, the number two shampoo in the country. It contains toxic petrochemicals made from oil. Since when is oil an herb?”

Astonishingly, Annie even takes aim at the bogus pink ribbon breast cancer fundraising scam by showing an image of an Estee Lauder product with a pink ribbon on the package. She says, “Ooh, here’s Estee Lauder offering me a chance to help find a cure for breast cancer. That’s nice, but wait… they’re also using chemicals linked to cancer! Don’t you think the best way for Estee Lauder to fight cancer is to stop using those chemicals in the first place?”

Sounds like Annie has been reading NaturalNews, eh? Good for her! In fact, if you just read the script of the video, you might think it was written by NaturalNews. It’s the kind of information we’ve been putting out for years. Similarly, the Organic Consumers Association (www.OrganicConsumers.org) has been leading the charge on organic body care labeling reform, and experts like Dr. Samuel Epstein (www.PreventCancer.com) has been on the march even longer, attempting to warn Americans about the toxicity of cosmetics and personal care products for over a decade.

Now with this Story of Cosmetics, Annie Leonard has joined the ranks of those who ruffle the feathers of big industry. You can now expect a massive assault on Annie from privately-contracted hackers, social network spammers, flamers, character assault specialists and other muckrakers who are secretly hired by the corporations who stand to lose big if Annie’s message results in new regulation. Welcome to the club, Annie: In America, telling the truth always gets you in trouble. Especially if you tell the sort of truth that protects the People from the toxic chemicals promoted by Big Business.

I wonder if Annie will someday do a video called The Story of Chemotherapy and expose the scam of the cancer industry, too? That would be beyond hilarious…

How about The Story of Fluoride and the mass poisoning of the water supply with a toxic, cancer-causing chemical?

Or even better, The Story of Psychiatric Drugging of Children which exposes the mass chemical poisoning of our children with psych drugs. That story, of course, is already being told over at CCHR (www.CCHR.org) through other videos.

I don’t know if Annie Leonard has the courage to go after these industries, but she’s shown some real backbone in attacking the toxic personal care industries, that’s for sure. Give her credit where it’s due: She’s managed to find an entertaining, mass-media way to tell the truth about toxic personal care products, and she’s getting good traction with the mainstream media on this issue, too. For that, she deserves a medal or something. But instead of a medal, she’ll probably get raked over the coals by the chemical industry goons. If there’s one thing Big Business can’t stand in America, it’s someone telling people the truth that exposes industry lies.

Exposing the lies of the toxic chemical industries in America comes with a very heavy price. Yet it remains the most important task we can all pursue right now because to take back our health, we must all speak out and dare to tell the truth about the chemicals, pharmaceuticals and vaccines that are killing us all and destroying the future of life on our planet.

Good job, Annie. Keep up the great work. (And don’t forget to duck.)