Affiliate Program? or Illegal MLM?

Art72

Marketing Dope
Jan 4, 2011
87
0
0
Florida
Alright, I just blistered my mind reading some legal information on a lawyers site on what constitutes a legit MLM (Multi-Level Marketing) System -vs- an illegal MLM. I'm a bit worried as I don't want to do all this work, start raking in cash, and then have some legal ramification seize my ass-ets...ya know!

Without revealing the details of my hope-to-be well received marketing system, I am concerned as to whether it can be viewed as a "Unique Affiliate Program" or if it will get red-flagged as an illegal MLM?

First off, my idea is a based on a low one time purchase of an eBook that includes a membership fee of less than $149 for the lifetime of the member. *No additional monthly fees or additional purchase required EVER!.

The "system" for lack of a better word would include, but not be limited to:

-Comprehensive 150-200 page Affiliate Manuel eBook (download) with Master Resell Rights, and richly detailed tutorials, links, and current market research analysis and product trend info.

-Registered User Control Panel/Back Office w/marketing tutorials, and peer supported member forum, along with a growing list of video, and visual tutorials on marketing tips, niches, and strategies. (i.e. eCommerce, Drop-shipping, Affiliate Marketing, Direct Sales,...etc)

-Paid Members Only-Affiliate Program with a 3-tier payment system in place, for each member who refers a new member into the program.

*Ultimately, the product is the book in conjunction with the tips, tools, and resources of which to effectively market with little or no major cash investment.

I mean, there's a "BIG" ingredient that serves as the sub-structure which I simply cannot discuss as it is the "secret weapon" that I think would sell like ice cream at a fat kids convention!

*This is a key-element combined with the 3-tier commission structure will return on average 20 times the membership fee, which would have unlimited earning potential for skilled marketers. (Like 6 figures or more!)

However, as serious as I am about taking this idea all the way, and I have been pricing the cost of acquiring a statewide Retail License, and Sales Permit, Incorporating a Name exact to the domain like "My Domain" Marketing, L.L.C., having all paid members and potential earners to have proper Tax info on file, in case the figures and payout meet or exceed my expectations.

All payments will be made through Pay-Pal each month around the 15th. There too there will be another "secret weapon" that guarantees every member receives their rightful commissions, w/ no bs!

Naturally, I will have all legal disclaimers in place and checked over by a paid attorney, and if my campaign efforts work, I estimate having a HUGE response.

This idea is unlike anything I have personally ever seen, and not to toot my own horn, but I would join in a heart-beat and easily pay double to get in.

To try and keep it even more rewarding any member that doesn't at least break even after 120 days (or maybe 6 months) will receive a full refund, and keeps the eBook and any training/knowledge they could absorb. (Obviously, the latter would be null if they don't make money!)- But either way, NO SALES = "REAL" 100% Guarantee, no gimmicks!

I also wanted to ad a bonus and incentive program.

Ultimately, I believe it's legal....but man I do not want to drop the kind of money I am preparing to invest, if there's a chance it could be viewed as illegal or as a recruiting MLM as the commissions members could earn would likely far exceed the value of the "product" which is a book, and a learning platform.

If anyone is seasoned in something like this, and has any suggestions or knows how fine the line is between "legal" or "illegal" -much appreciated.

In God's honesty the goal is to create massive wealth generating 5, 6, and 7 figure incomes for members with equal opportunity!

Should a member cry cause the pool's too big and start drowning...they either break even, or in complete failure get their money back!

I don't see how this could be considered illegal, even if the main source of the income does come from 'recruiting' efforts as that is the point of affiliation, no?

Before I seek paid legal advice, I was truly hoping Wickedfire has some knowledge in this department.

Thanks in advance!
 


Well, since you are including MRR for the ebook that makes it better. A 3 tier structure provides a little bit of protection. Interesting that you have planned out a full sub-structure as well! Cool.

The problem will be in the main source of income coming from recruitment. Some of the recent FTC actions have REALLY caused problems in this.

We were talking about something similar a few weeks ago with my JV partner - it was making my head spin as well thinking about the income potential of a properly run MLM that really does help your downlines - so long as you obey the recruitment guidelines.

I know you can't discuss the full details in public, so just drop me a link at the link above. Maybe I can help out.
 
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The problem will be in the main source of income coming from recruitment. Some of the recent FTC actions have REALLY caused problems in this.

Funny thing is, I read that Amway has a 99.7% failure rate in Great Britain. In fact only 1 of 100 actually make a single sale! Yet..they are considered legal?

Don't know what Avon's record is, but they rely heavily on recruitment, and entice new distributor's to spend $50 every 2 weeks. Then, recruit 5 new recruits to do the same before achieving a higher earning potential- (pennies at that!) -Hell, they've exceeded 10 Billion in sales!!!

I'll share only this...public or private, doesn't really matter...

I clearly believe by comparison to both Amway and Avon their failure rate would arm me with a great defense in court (if ever I needed it), as I intend to have a 75% success rate, and a money back guarantee for any member who doesn't at least break even (giving it a reasonable time frame of course).

There too, the focus is on sales and recruitment, as that is the driving force of the sale, and interprets into the residual commissions members will/can earn from.

However, if I am reading all the FTC and legal requirements correctly, then so long as each member is receiving a product or service "equal to or greater" than the value of their paid membership, then it should be considered legit.

My problem is, my plan is so freakin' deep, I am scared of the potential figures this thing could produce. I think the key is to;

A.) Incorporate
B.) Obtain a Retail Sales License and Permit 50 States (and maybe Internationally)
C.) Hire attorney to draft the "User Agreement, Terms of Service, and any necessary Legal Disclaimer's required to cover my ass!
D.) Have a good CPA on speed-dial =) and make damn sure every penny is accounted for and taxes are paid!
E.) Launch a Massive "Banquet Style Ad Campaign"
E.) Be able to sleep at night knowing everything is tight and right!

The sad reality is, this idea came by way of a dream, and now I'm almost scared of it, cause it's bigger than I ever imagined, so if I fuck it up...ouch!

I'm already pricing programmer's, graphic designer's, and getting ready to obtain legal consultation.

From there all the other pieces are in place!