Title 10, Chapter 1, Section 415
( 10-1-415)
(a) Every business opportunity or multilevel distribution contract
shall be in writing, and a copy shall be given to the purchaser or
participant at the time he or she signs the contract. (b) Every contract or any material incorporated therein by reference
shall include the following: (1) The terms and conditions of payment, including but not limited
to compensation paid to a participant by the company and any
payments to be made by the participant to the company within the
first six months of the agreement; (2) A full and detailed description of the acts or services that
the seller undertakes to perform for the purchaser or participant,
including a specific description of the product or service being
marketed; (3) The seller's principal business address. For purposes of this
paragraph, a post office box shall not be considered a principal
place of business; and (4) The approximate delivery date of any products, equipment,
supplies, or services that the seller is to deliver to the
purchaser or participant. (c) In addition to the information required in subsection (b) of
this Code section, every multilevel distribution contract, or an
addendum thereto, shall contain the following: (1) If training of any type is promised by the seller or company,
a complete description of the training and the length of the
training; (2) If a bond is required under Code Section 10-1-412, the following statement, with all blanks properly filled: "As required by Georgia law, the company has secured a bond or
established a trust account for your protection. This bond or
trust account can be identified as # ______________ in the name
of ______________, provided by the following bonding company or
trust company: _______________________, which is located at the
following address: _______________________ in the City of
_______________________, State of _______________."; (3) A participant in a multilevel marketing plan has a right to
cancel at any time, regardless of reason. If a participant will
be under an obligation to make any payment after the agreement has
been entered into, a statement in ten-point boldface type as
follows must appear in the contract or an addendum thereto: "A participant in this multilevel marketing plan has a right to
cancel at any time, regardless of reason. Cancellation must be
submitted in writing to the company at its principal business
address."; and (4) A description of any cancellation rights. (d) Cancellation rights pursuant to paragraph (4) of subsection (c)
of this Code section must, at a minimum, provide the following: (1) If the participant has purchased products or paid for
administrative services while the contract of participation was in
effect, the seller shall repurchase all unencumbered products,
sales aids, literature, and promotional items which are in a
reasonably resalable or reusable condition and which were acquired
by the participant from the seller; such repurchase shall be at a
price not less than 90 percent of the original net cost to the
participant of the goods being returned. For purposes of this
paragraph, "original net cost" means the amount actually paid by
the participant for the goods, less any consideration received by
the participant for purchase of the goods which is attributable to
the specific goods now being returned. Goods shall be deemed
"resalable or reusable" if the goods are in an unused,
commercially resalable condition at the time the goods are
returned to the seller. Goods which are no longer marketed by a
company shall be deemed "resalable or reusable" if the goods are
in an unused, commercially resalable condition and are returned to
the seller within one year from the date the company discontinued
marketing the goods; provided, however, that goods which are no
longer marketed by a multilevel distribution company shall not be
deemed "resalable or reusable" if the goods are sold to
participants as nonreturnable, discontinued, or seasonal items and
the nonreturnable, discontinued, or seasonal nature of the goods
was clearly disclosed to the participant seeking to return the
goods prior to the purchase of the goods by the participant.
Notwithstanding anything to the contrary contained in this
paragraph, a multilevel distribution company may not assert that
any more than 15 percent of its total yearly sales per calendar
year to participants in dollars are from nonreturnable,
discontinued, or seasonal items; (2) The repayment of all administrative fees or consideration paid
for other services shall be at not less than 90 percent of the
costs to the participant of such fees or services and shall
reflect all other administrative services that have not, at the
time of termination, been provided to the participant; and (3) The participant may be held responsible for all shipping
expenses incurred in returning sales aids or products to the
company but only if such responsibility of a canceling participant
is disclosed in the written description of the cancellation
rights. |