Recommended by a friend, Ray came to know NU SKIN business. With his mentor’s leadership and his own endeavors towards pursuing dreams, he successfully became a Star and was awarded the qualification joining the trip Quantum of the Seas in 2015. In order to assist more business partners to achieving their targets and dreams of Becoming Stars, Creating Stars, Duplicating Stars, Ray planned to make use of social networking sites and auction websites to promote and sell the products, in the hope of accelerating the sales volume and expanding the team by increasing product exposure to customer. Other than selling local Hong Kong and Macau products, to show his own advantage, Ray sought help from his business partners from Japan to order some overseas NU SKIN products specifically, and imported them massively to Hong Kong and Macau markets. Is Ray’s act of promoting and selling NU SKIN products, including Hong Kong, Macau and overseas products, via Internet, violating NU SKIN’s Policies and Procedures and also the law?
(Analysis)
1. According to sub-section 3.11 (Retailing of Products) of Section 3 (Ordering Products or Services) of Chapter 2 (Operating Your Business) of NU SKIN’s Policies and Procedures, and the Distributor Agreement, Distributors may only resell Products in his/her Resident Country. The Products Distributor resells must also be purchased from the Company in his/her Resident Country, and Distributor may not resell Products in his/her Resident Country that Distributor acquires from the Company in a Non-Resident Country. Distributors may only purchase products in a Non-Resident Country for personal use or to demonstrate the Products to potential new Distributors but they cannot resell the Products in a Non-Resident Country. Unauthorized importation of NU SKIN products from overseas may violate the laws and regulations of Hong Kong and Macau relating to importation, customs and taxation and be subject to criminal liabilities.
2. Sub-section 7.6 (Internet Selling) of Section 7 (Internet) of Chapter 3 (Advertising) of NU SKIN’s Policies and Procedures states that, “Products may be sold on the internet only through Company websites and may not be sold through Distributor websites of any kind or any other form of internet use, including internet video and audio, social networking sites, social media and applications, and other sites that have content based on user participation and user generated content, forums, message boards, blogs, wikis and podcasts (e.g., Facebook, YouTube, Twitter, Wikipedia, Flickr)…” Therefore, unauthorized NU SKIN product selling via social networking sites and auction websites violates the Company’s policies.
Business Partners, when you engage in NU SKIN business, please abide by NU SKIN’s Policies and Procedures, the terms and conditions of the Distributor Agreement and relevant laws and regulations. Guided by Sustainable Leadership Advancement, your NU SKIN business will be successful.
* Please refer to NU SKIN’s Policies & Procedures and the terms and conditions of the Distributor Agreement, laws and regulations of Hong Kong and Macau relating to importation, customs and licensing as well as taxation for relevant provisions.