New Gold Director Compliance Training James Bramble General Counsel USANA Health Sciences, Inc. New Gold Director Training Copyright USANA Health Sciences,

New Gold Director Compliance Training

James BrambleGeneral CounselUSANA Health Sciences, Inc.New Gold Director Training Copyright USANA Health Sciences, Inc., 2005. All Rights Reserved

Ongoing Supervision and Training

As an Associate progresses through the various levels of leadership, his/her responsibilities to train downline Associates (product knowledge, effective sales techniques, the Cellular Compensation Plan, and the Policies and Procedures, running the business professionally and ethically) increases.

Policy 4.1

What is Associate Compliance?

The means by which USANA protects its interests and the interests of its independent sales representatives from the adverse consequences of inappropriate sales and business activities.

In other words . . . The way a distributorship is protected to be around for the long term.

What are USANA’s interests? Associates?

Two Levels of Protection

To protect USANA and its Associates from regulatory enforcement activities.

To protect USANA and its Associates from the inappropriate sales and business activities of other Associates.

Regulators: Who are They?

FDA, HPB, TGA, New Zealand Ministry of Health, Etc.

FTC, Industry Canada, ACCC, NZCC, etc.

Attorneys General and State and Provincial Agencies,

Securities Regulators, Consumer Protection

Watchdogs.

Regulators: Why Should We Care?

Through compliance with applicable regulations USANA protects its interests and the interests of its Associate sales force from the adverse consequences associated with violations.

Legal and Policy Guidelines

Improper Product Claims

Improper Business Claims, (Income Claims, Misrepresentations and Deceptive Practices.)

Product Claims

Policy 3.4.1

Dietary Supplement Health and Education Act

No therapeutic or cure claims except as provided in literature.

No “drug claims” - cure, treat, diagnose, prevent or mitigate the symptoms.

Claims about health, well being and how a product affects the structure and function of the body are OK.

ExamplesPROPER “I can run and play ball

with my children again.”

“I feel 20 years younger.”

“I feel healthier.” I am supporting a

healthy cardiovascular system.

IMPROPER “I no longer have the

pain and stiffness associated with my arthritis.”

“I no longer have migraine headaches.”

“I have reduced the risk of having a heart attack by lowering my cholesterol level 20 points.”

Business Claims

Business Claims

No income claims - Policy 3.4.2 No deceptive practices - Policy 3.8

(no guarantees, $ based on sales, representation that business plan is “approved” by regulatory agency, etc.)

Retail Sales - Pyramid Law

Commissions earned must be based on sales. Customer Development is essential.

Preferred Customer Program.

Return Policies

Phantom Activities

Investment Contracts

Sometimes securities regulators try to make and MLM opportunity into an unregistered security.

Don’t use the term “investment”Don’t make promises to build

another’s business or say “You don’t have to do anything.”

Do train and help your downline.

Examples

Proper “Through my efforts I no

longer live paycheck to paycheck and I am living the life of my dreams.”

“Let me walk you through the compensation plan and show you exactly how much money you can earn.”

“I am already beginning to see the residual nature of my initial efforts.”

Improper “I made my first $1000

check after only 3 weeks.” “Think of it as an

investment, you give me the money and sit back and watch as I build your business and you make money.”

“The USANA compensation plan has been endorsed by the FTC.”

Inappropriate Sales and Business Activities

Compliance protects Associates from: Cross-line raiding Improper recruiting Improper transfers Sales from retail outlets

Inappropriate Sales and Business Activities cont...

Compliance protects USANA from: Downline raiding Disclosure of “trade secrets” (I.e.

DLM reports) Trademark / copyright infringement Unauthorized agreements

Inappropriate Sales and Business Activities cont...

Compliance protects USANA from: Civil liability

Maintaining independent contractor statusinterfering with contractual relationships (i.e.

tortious interference with a business relationship.)

Product liabilityVendor’s endorsement.

Specific Guidelines

Policies and Procedures

We review and stay up to date on the laws in all countries where USANA does business. The policies allow your business to be “seamless.”

Legal Services Department

General Counsel - James Bramble (Spanish, English) Assistant General Counsel – Kevin McMurray

(Spanish, English) Legal Cousnel – Chen Shen (Mandarin, Cantonese,

English) Compliance Officer - Dan Whitney (Mandarin,

Cantonese, English) Compliance Assistants - Aimie Buxton (Spanish

English), Dave Park (Spanish, English) and Shiree Tholen(English)

Legal/Admin Assistant – Therese Vengo (French, English)

QUIZ

True or False?

If an Associate is dissatisfied with her current downline placement, she can cancel her distributorship and re-enroll immediately in another downline organization.

FALSE

An Associate who voluntarily cancels her Distributorship may reapply for a new Distributorship after six (6) full calendar months. See USANA Policy Section 3.

True or False?

I can enroll a current Associate in my organization by using an assumed name, a family name or a business name.

False

It is improper for Associates to solicit another Associate or Preferred Customer to enroll as an Associate or Preferred Customer in another line of sponsorship; and Associates may not use assumed names or business names to circumvent this rule. Moreover, an Associate may not own or operate more than one Distributorship. See Policy Section 3.

True or False?

As a Gold Director, I can approve advertising materials for myself and my downline organization.

False

Only USANA can review and approve advertising materials. Associates below the rank of Gold Director may not create advertising materials to promote their USANA businesses. See Policy Section 3.

True or False?

I am required to make retail sales in order to qualify for commissions bonuses and advancement to higher levels of achievement.

True

The USANA Compensation Plan is based on the sale of USANA products to end consumers. Associates must fulfill specified personal and Downline organization sales requirements. See Section 5 Policies and Procedures.

Question

How many customers must Associates develop or service every four weeks?

Associates must develop or service at least five (5) customers every four-week rolling period. These customers can be either Retail Customers or Preferred Customers, or any combination of the two. See Policies and Procedures Section 5.

Question

What is the difference between a legitimate multi-level marketing company and an illegal pyramid scheme?

In a legitimate Multilevel Marketing Plan participants sell goods or services to end users in order to qualify for commissions. A pyramid scheme is a plan where individuals pay money for the opportunity to receive compensation solely or substantially for recruiting other participants.

True or False

I can freely copy publications or information from the corporate website for republication and sale to other USANA Associates or prospects.

False

It is an infringement of USANA’s copyright in these materials for any Distributor to copy this information for commercial gain.

True or False

I can complete an application and sign her name for my friend who wants to enroll as an Associate.

False

The Applicant must sign her own application. Signing an applicant’s name may create an unenforceable agreement.

Questions and Answers

My phone number 801-954-7805Compliance Assistants – 801-954-

7100e-mail [email protected] 801-954-7809