2. INTERNET
PYRAMIDS.
The virtual MLM will soon be a reality. The problem is that the virtual
pyramid is becoming a reality even sooner. Fortuna Alliance, which faced pyramid
accusations by the FTC and an FTC injunction, located itself after the injunction on the
Internet and outside the boundaries of the United States. Expect to see more and more
offshore pyramid schemes recruiting into the United States, as well as out and out cash
pyramid schemes recruiting on the Internet. Unfortunately, this will bring adverse
publicity to the industry and it is in the industry's interest to support enforcement
action against Internet pirates.
3. INTERNET RUMORS.
One of the true miracles of the Internet is instant communication
between company and distributors and distributor and distributors. Unfortunately, the ease
of access to this "instantaneous communication" also means the spread of
"false" rumors and accusations. The case of Market America is a good
example of a recent experience in which false Internet rumors spread as to the meaning of
a recent federal ruling involving Market America. The Internet rumor suggested that the
ruling stood for the proposition that companies could not restrict distributors from
cross-sponsoring activity when in fact the ruling did not hold for this proposition at
all. The only cure for this problem will be responsible reporting from responsible sources
on the Internet.
4. WHO IS ENTITLED TO A WEBSITE?
MLM companies are struggling with website policy. Most companies
prohibit distributors from having websites. While this appears to be a poor use of a
tremendous medium, it has become essential for many companies for two reasons. First,
companies are concerned that their name and site will be lost in search engines among
thousands of distributors using the same name. Secondly, companies are quite concerned
about inappropriate medical claims and earnings claims. A resolution appears to be
developing by which companies will create integrated websites that interface with their
own websites, thus allowing distributors to have a website, which is both monitored and
integrated with the primary marketing material on the main website. It appears that
technology should provide some answers to this issue.
5. WHO'S ON FIRST?
As companies move to become virtual MLMs, distributor agreements will
be filled out over the Internet. The problem that has arisen and will arise in the future
relates to arguments about "who is the proper sponsor?" In the "paper
world," companies provided that irrespective of claims to first sponsorship, the
individual whose name appeared as sponsor on the distributor application, was the true
sponsor. When distributor applications are received over the Internet, the authentication
issue becomes a problem. Therefore, prudent companies will continue to require within 30
days of receiving an Internet application, that the signed distributor agreement be
received by the company designating in writing the sponsor.
6. THE SPAM PROBLEM.
Spam is a dirty word on the Internet. Unfortunately, the MLM industry
is being touted in Internet circles as the number one abuser of unsolicited e-mail.
Although it may seem very easy to MLM distributors to send out unsolicited e-mail, most
industry experts will agree that there is no substitute for "pressing the flesh"
and "kissing" a lot of frogs. Unsolicited spam will also degrade the reputation
of the MLM industry. Therefore, MLM companies and MLM trade associations, such as the
Direct Selling Association and the MLMIA, should adopt and enforce policies prohibiting
spam. If they do not, in the long run, the MLM opportunity will be diluted and be viewed
as a "nuisance" industry.
SUMMARY.
The Internet offers tremendous potential as a communications tool for
the MLM industry. How the industry treats this important medium in the new millennium will
reflect back on the future success of the industry.
For more on the MLM and Internet, visit www.mlmlegal.com.