Friday, October 21, 2005

What sets Quixtar apart?

People would say passport is new. It will soon develop problems that Quixtar have. I doubt it. avon is new, but Quite big!

Quixtar's "Tool" system is said to be a proble. But I'd venture to say even "System" is not a problem in Quixtar. "System" would have self destructed itself by now if there was no B.S.M.A.A.

Think about it. A system where "mentors" financially benefits to keep students .... students? Plus Diamonds must be fighting with each other over tool money! There is no tool money contract there, is it? E.g. there is one for product bonus. Tools moeny is at the whim of your upline, which you can't even dispute in court. You have signed BSMAA, Business Support Material Arbitration Agreement. If you do, you'll definitely lose in arbitration.

Hence, what is holding this "business" together? BSMAA.

Who invented BSMAA?

According to Eric Scheibeler deposition from Amway Corporation vs. Meade, et al. a second generaton IBO Jody Victor has done some nice work crafting BSMAA. I heard he went to law school as well. Strange, we don't hear good things about college education in Quixtar, do we?

Read for yourself. That's how I know. Again, this is what Eric Scheibeler testified in front of court, and it's on a public record.
A: Jody Victor is an attorney. He's a - he was an attorney. He's a crown level distributor now
And
Q: Do you - and you guys talked bout the BSMA or BSMAA: or something like that. Can you tell the jury what is - what does all that mean?

A: It's essentially a gag order. There was many lawsuits on the internet, which is what helped bring me out, understand what had happened to us and how we were defrauded. And we were at a meeting where Jody Victor, who's one of the highest level distributors - Amway distributors, talked about working with senior Amway management to craft this BSMAA. At that time we had no idea what is was.

Q: Okay. Now, Mr. Victor is not a direct employee of Amway, he's something else?

A: He is and he isn't. He's not on their payroll, but he's a crown ambassador Amway distributor. So I mean they're working side by side.

Q: He sells Amway products for Amway?

A: Yes.

Q: Okay.

A: Yes. Has a large motivational organization. And he talked about the - him working in this tape with senior Amway management to craft this document which would prevent there ever being another Hammerhand. And Hammerhand was a class action suit - and actually out of Philadelphia, I believe - against Amway and its motivational distributors for essentially the same fraud we discovered. And so what we were forced to sign, the BSMAA, now and any distributor that gets in and is on the tool system, again which is mandatory, has to sign this. we were told we would lose our business if we didn't sign it. And essential what it is, it's an agreement to arbitrate. If you discover fraud in the too business, you're forced into arbitration, but also binding silence. You can't talk to anyone else that may have been defrauded to share documentation or to collaborate on a case.

Q: What happens if you give information about your experience to other distributors?

A: You can't give it to anyone. Once you're forced into arbitration, I can't speak to my own mother about what happened to us and Amway or the motivational organization because of this gag document.
And
A: So if you discover you've been defrauded and take legal action on it, you can never go public and you can never be part of a class action to collaborate what thousands or tens of thousands or hundreds of thousands of other distributors who have been defrauded.

Q: Okay. No, I think the people in the jury may want to know, is this BSMAA: the business support materials, basically secrecy agreement, is this coming from Amway or is it coming from Mr. Victor and the sales people?

MR. KUGELE: I'm going to object to the characterization.

Go ahead, you can answer.

THE WITNESS: Sure. You can play the tape. Our attorney has that tape for our case.
And
A: But Jody Victor talks about crafting it in collaboration with Amway senior management and how they're 3 actually going to implement it into the kit and part of the -

Q: Into the kit?

A: The Amway sales and marketing kit is part of the application.

Q: Okay.

A: So from the tape, it clearly sounds like it was crafted in a collaborative agreement again between the Amway motivational organization leadership, which Jody Victor is certainly one of them and Amway Corporation itself. But again, are they two different things? It looks like one of them. Here's a description of how this is being crafted.

Q: Okay. And the affect of the agreement is -

A: Silence.

Q: Just to summarize what you said. You can't sue Amway in court and you can't sue the Jody Victors of the world either?

A: Nor can you make the fact that you were defrauded public.

Q: Okay.

A: So the lawsuits will never show up on the internet again because there won't be one. They've been effectively silenced. So the public has less of a chance now of ever knowing about the multi-decade long fraud that happens to Amway distributors. There's a less chance of it every happening now than before because of the crafting ofthis. It was very well done.
You may read full transctipt, to see what was proven and what wasn't.

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1 Comments:

At 10/21/2005 09:44:00 AM, Blogger lawDawg said...

Avon wasn't a multilevel marketing company until just a few years ago. For the vast majority of Avon's history it has been a single-level direct sales company.

 

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