Multi-level
marketing MLM
.Multi-level marketing businesses function
by recruiting salespeople also called Distributors, Independent Representative,
and Consultants. to sell a product and offer additional sales commissions
based on the sales of people recruited into their down-line, an organization
of people that includes direct recruits, recruits' recruits, etc.
This arrangement is similar
to franchise arrangements where royalties are paid from the sales of
individual franchise operations to the franchisor as well as to an area
or region manager, but in some MLM programs, there can be seven or more
levels of people receiving royalties from one person's sales.
Multi-level marketing has an image problem due to the fact that it is
often difficult to distinguish MLMs from illegal pyramid or Ponzi schemes.
MLM businesses operate in the United States in all 50 states and in
more than 100 other countries, and new businesses may use terms like
"affiliate marketing" or "home-based business franchising". However,
many pyramid schemes try to present themselves as legitimate MLM businesses.
In the most legitimate
MLM companies, commissions are earned only on sales of the company's
products or services. No money may be earned from recruiting alone ("sign-up
fees"), though money earned from the sales of members recruited is one
attraction of MLM arrangements. If participants are paid primarily from
money received from new recruits, or if they are required to buy more
product than they are likely to sell, then the company is a pyramid
or Ponzi scheme, which is illegal in most countries.
New salespeople may be
required to pay for their own training and marketing materials, or to
buy a significant amount of inventory. A commonly adopted test of legality
is that MLMs follow the so-called 70% rule which prevents members "inventory
loading" in order to qualify for additional bonuses. The 70% rule requires
participants to sell 70% of previously purchased inventory before procuring
new orders. There are however variations in interpretations of this
rule. Some attorneys insist that 70% of purchased inventory should be
sold to people who are not participants in the business, while many
MLM companies allow for self-consumption to be a significant part of
the sales of a participant. The Federal Trade Commission offers advice
for potential MLM members to help them identify those which are likely
to be pyramid schemes.
Compensation plans
Companies have devised a variety of MLM compensation plans over the
decades.
Unilevel or Stairstep Breakaway plans are the oldest and most popular.
They feature two types of distributors -- managers and non-managers
-- and three types of pay:
Baseshop overrides are overrides of managers from their subordinate
non-managers, collectively called a baseshop. This is the same as any
other sales organization.
Generational overrides
are overrides of managers from the baseshop of managers who were previously
their subordinate. Most plans compensate at least three generations
of such managers.
Executive bonuses are commissions for managers who exceed a sales quota.
For example, 2% of the total company sales revenue may go to a bonus
pool that is shared monthly pro rata to managers who exceed $10,000
in that month.
Matrix plans limit the
width of each level in a distributor's group, forcing strong distributors
to pile ("spillover") their recruits over people who did not sponsor
them.
Binary plans limit the width of each level to two legs. Commissions
are based on "cycles," where a distributor is paid a fixed amount whenever
both legs achieve a certain number of sales units each. Commissions
are paid incrementally when the sales volume in each leg matches.
Elevator or Matrix schemes
feature a board or a list on which each distributor pays in one or more
product units to participate. When a certain number of units have been
paid in, the structure splits and the earlier participant receives consideration.
The Matrix scheme article discusses the legality of this plan.
Criticism of MLM
The FTC issued a decision, In re. Amway Corp. in 1979, which indicated
that multi-level marketing was not illegal per se. However, Amway was
found guilty of price fixing (by requiring "independent" distributors
to sell at the low price) and making exaggerated income claims.
The Federal Trade Commission
advises that multi-level marketing organizations with greater incentives
for recruitment than product sales are to be viewed skeptically. In
April 2006, it proposed a Business Opportunity Rule intended to require
all sellers of business opportunities—including MLMs—to provide enough
information to enable prospective buyers to make an informed decision
about their probability of earning money. FTC trade regulation rules
usually take 1-1/2 to 3 years before a final rule is established.
Criticisms have been raised
against MLM programs for being cult-like in nature. Many MLM programs
feature intense motivational programs, which can be hard to distinguish
from cult propaganda. Criticism of Amway as a cult have been regarded
as largely baseless, though some of the "Independent Business Organizations"
within Amway have been accused of operating as cults.
Another criticism is that
MLM programs are set up to make most distributors fail, as there is
a continued incentive to continue to recruit distributors even as the
products have reached market saturation, thus causing the average earnings
per distributor to continue to fall.
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