Section 9 – Use of the Amway Trade Name, Trade Marks and Copyrighted Materials
This rule has been developed to maintain the integrity of Amway’s intellectual property and to ensure that the Amway brand will be available exclusively for the Amway Business. In addition, Amway has implemented a corporate identity program that requires the correct and consistent use of the Amway corporate logo, no matter where it appears. No alterations to the approved logotype are allowed. Upon request, Amway will provide an example of the approved logotype and colour specifications.
9.1 Misuse and Misappropriation: IBOs shall not misuse or misappropriate Amway’s trademarks or other intellectual property or confidential information. It is a breach of the IBO Contract for an IBO to use any trademarks or other intellectual property or confidential information belonging to or licensed to Amway except in accordance with the applicable terms, conditions and procedures set forth in the IBO Contract, including the Amway Rules and Policies.
9.1.1 Each IBO acknowledges and agrees that Amway or Alticor Inc. is the exclusive owner or licensee of certain trademarks including logos, service marks and other intellectual property and industrial property, including the name Amway, and various trademarks, trade names and service marks used in connection with Amway products and services, and the various designs or labels.
9.1.2 IBOs shall not use, in connection with his/her Amway Business or any other business (including but not limited to, any business vehicle, office, phone listings, premises, or stationery) and/or on or in connection with any products, the Amway name, or trademarks, service marks or other intellectual property belonging or licensed to Amway or Alticor Inc. without the prior written consent of Amway and subject always to any conditions attached to such use except as otherwise provided herein. Amway reserves the right to withdraw its consent at its absolute discretion.
9.2 Approval to use Amway trademarks: In their use of the Amway trademarks IBOs must first seek and be granted approval for such use by Amway. IBOs shall:
9.2.1 Always indicate that Alticor Inc. is the proprietor of the marks;
9.2.2 Not represent in any way that they own the marks or are entitled to use them otherwise than as an Amway IBO;
9.2.3 Only use registered trademarks as registered and shall supply Amway with samples of all proposed uses of the marks; and
9.2.4 Comply with rules or directives made or issued by Amway from time to time as to the proper use of the marks.
9.3 Business Cards: Provided that an IBO is otherwise in full compliance with the Rules of Conduct and all other provisions of the IBO Contract, an IBO may use the Amway and selected Amway Brand Business Card templates available from Amway. These may only be used in the design they are supplied and no changes other that the addition of personal contact details may be added.
9.3.1 Should an IBO choose, they may print a double sided business card featuring only options from the templates supplied.
9.3.2 The permission for use of the trademarks, including logos, available on the supplied templates do not extend to further use in any format, or on any other materials for any other use.
9.3.3 An IBO may not promote any other activities unrelated to the Amway business on their business cards, including but not limited to, the placement of information, trademarks, trade names, logos or service marks relative to any training or education company, system or program the IBO owns, controls or participates in.
9.4 Amway name on a Vehicle: An IBO shall only display the Amway name or any of the Amway Brands on his/her business vehicle with the prior written approval of Amway and in compliance with Rule 9.2
9.5 Corporate or business name: IBOs will not use the word “Amway” or any of Amway’s brands, including but not limited to “Artistry®” or “Nutriway®”, as or as part of any corporate or business name or permit or allow any other person or corporation to do so.
9.6 Amway materials Copyright: All Amway printed, audio and video material is protected by copyright and may not be reproduced in whole or in part by IBOs or other persons without Amway’s written permission or as provided in Rule 9.7
9.7 Amway official literature: IBOs may use official Amway literature only for the purpose of carrying out their functions as IBOs. Articles from Amway publications may be reprinted by IBOs in newsletters which they publish for their personal group provided that each article is reproduced completely and is immediately followed by the statement “Reprinted with permission of Amway of Australia ABN 49 004 807 756”, or ““Reprinted with permission of Amway of New Zealand”
9.8 Amway presentations: An IBO may record speeches or presentations made at Amway sponsored meetings provided that he/she has obtained the prior written consent of Amway and such recording is solely for his/her own personal use and is not reproduced for any purpose.
9.9 Use of Internet and IBO developed websites:
9.9.1 Website approval: All websites produced by IBOs for the purpose of their Independent Business, must be submitted to Amway under Section 7 of these Rules for review and approval before open publication. All websites must comply with all parts of Rule 9.10 that can be applied to the site.
9.9.2 Websites at the cost of the IBO: Any website produced by an IBO will be at their own expense, including but not limited to all hardware, software, internet usage, design and programming costs
9.9.3 Types of Website: IBO websites can be classified as: a) Personal Home Page, b) Product Sales Site, c) Prospecting Site, or a combination of these.220.127.116.11 Amway may, at its discretion allow the combination of a Product Sales and Prospecting Site as one. If not permitted, no prospecting content is permitted on a Sales site. Line of Sponsorship sites and other hybrid sites may developed only with Amway’s express permission.9.9.4 Passcode access: All IBO websites must be passcode protected. Such passcodes must not be easily determined by uninvited individuals seeking entrance.
18.104.22.168 IBOs shall provide and register with Amway their web site access passcode. Amway shall have right of access to IBOs web sites and any contents deemed inappropriate by Amway must be changed whether by way of editing, deletion or addition if Amway so directs.All Product Sales and/or Prospecting Sites must be passcode protected, using a passcode that is not easily determined by uninvited individuals seeking entrance.
22.214.171.124 The passcode page may only contain information needed for sign-in purposes and a small introductory paragraph to verify the viewer has reached the correct site. A technical help email address can appear. The page may not contain IBO numbers or passcodes that would provide a casual viewer access.
126.96.36.199 IBOs may give out the passcode to prospective IBOs or clients only in face-to- face of other one-to-one contact situations.
188.8.131.52 The passcode page must carry the following statement “For use with Prospects, Clients and IBOs in Australia and New Zealand only”.
9.9.5 Rules Compliance: All IBO websites must observe and comply with the IBO Rules of Conduct. This includes but is not limited to rules relating to intellectual property, trademarks and copyright, presentation of the business opportunity or products, mass mailing, advertising, unsolicited email messages or spam, compliance with applicable laws and regulations, confidentiality and privacy.
9.9.6 Compliance with laws: Web sites are to be operated and maintained in compliance with all Australian/ New Zealand laws, regulations and codes and there shall be no unauthorised use of intellectual property rights of others. IBOs should clearly specify that Australian/New Zealand law and jurisdiction applies with respect to their website.
9.9.7 Use of Corporate Trade Marks: IBOs may not use any trademark, trade name, service mark, or other intellectual property on a website without prior written permission or license from the intellectual property owner. This applies to intellectual property of Amway, its related companies or any outside manufacturer, vendor, publisher, or other third party. The IBO is solely responsible for all intellectual property issues involving a third party and Amway expressly disclaims any responsibility in this regard. IBOs may not frame the website of Amway or its related companies unless expressly authorised by Amway. Framing of third party websites is prohibited.
9.9.8 Truthful and Accurate: All representations made on an IBO website must at all times be truthful and accurate. No IBO shall make any offer to sell any Amway products or services on a website which are not accurate and truthful as to price, grade, quality, performance and availability.
9.9.9 Fair Business Practices: IBOs shall not make any representations in their web sites that expressly or imply in any manner to guarantee success in any aspect of the Amway Business Opportunity. This includes any income representations, plan depictions, or any other representation or omission that is false or likely to be misleading or deceptive. Language which is the opinion of Amway reflects poorly on the business opportunity is not permitted.
9.9.10 Advertising and Communication: Use of a website or any broadcast communication methods, including mass mailing, telemarketing, national or international advertising through radio, television, facsimile services, computer communications network or any other means by which person to person contact is not present, as a channel for the dissemination of mass communication or information whether in graphic, printed or audible form with the purpose of offering business opportunities, securing customers, selling or to promote the sales of products, or the sales or offer for sale of business support materials by IBO is prohibited.
9.9.11 Spamming: IBOs are prohibited from using a website for sending, transmitting or otherwise communicating of any unsolicited e-mail messages to persons with whom the IBO does not have a pre-existing personal or business relationship.
9.9.13 Meta tags: Meta tags of any kind are not permitted on an IBO website. No sites may be registered on search engines except for authorised Personal Home Pages.
9.9.14 Email address posting: E-mail addresses are permitted on a website but must only appear behind a passcode protected page and not on the home page.
9.9.16 Relationship between Amway and IBOs: IBOs must not state or imply in any way that IBOs are employees of Amway, their sponsor or their LOS. On any website, it must be clear that Amway is an independent business ownership opportunity.
9.9.17 Non-Corporate Products or Business Opportunities: No products other than authorised BSMs and products/services offered by Amway to IBOs may be offered, presented, or sold.
9.9.18 BSM and Support System Representations: IBOs may not state or imply that system participation is compulsory or that it will guarantee one’s success in the business.
9.9.19 Site Addresses and Email Addresses: An URL address for websites or email addresses must not be deceptive or misleading or violate the Rules of Conduct (for example, “easymoney.com” or “nosellingrequired.com”). IBOs may not use corporate trademarks or service marks, or any variation likely to cause confusion with a corporate trademark or service mark, in their site address or email address (for example, “amway.DO.com” or buyLOC@amnet.net”).
9.9.20 Links to Other Sites: IBOs may only link to:
a) The home page of the official Amway site (deep links or links to other pages are not permitted unless expressly authorised);
b) Links to the home page of Amway Brand websites;
c) An authorised LOS site; or
d) An authorised prospecting site.
9.9.21 Personal Home Page:strong Along with the requirements set out in Rule 9.9, prohibited content on a Personal Home Page includes:
a) Product or service information;
b) Content which could be interpreted as an advertisement or prospecting information; and
c) Email or other contact details.
A Personal Home Page does not need to be passcode protected.
9.9.22 Product Sales and/or Prospecting Sites: Along with the requirements set out in Rule 9.9, prohibited content on a Product Sales Site or Prospecting Site (even if behind a passcode) includes:
a) Language which states or implies a guarantee of income or specific level of success;
b) Personal success stories that reflect a level of achievement not attained solely through participation in the business, or that of someone who has not authorised the use of their story;
c) Non-Corporate products and business opportunities;
d) Language which states or implies that one can build a successful business solely through the act of sponsorship, or otherwise deemphasises the sale of products; or
e) For Product Sales Sites, no prospecting or recruiting content is allowed and for Prospecting Sites, not product/services sales is allowed.