Çok Katlı Pazarlama Şirketleri Bir Piramit Şeması Mıdır?
Kısa Yanıt: Hayır. Çok Katlı Pazarlama (MLM) şirketleri yasaldır ve ürün satışı veya distribütörlerinin veya üyelerinin ve bunların altındakilerin satışına dayalı olarak yasal bir şekilde para kazanmasını sağlayan güvenilir firmalardır. Piramit şeması oluşturan şirketlerde orta bir ürün bulunmaz. Ödeme planları genellikle, sonradan sisteme girenin kendisinden daha önce sisteme girmiş olan kişiden veya bir üsttekinden daha fazla kazanç elde etmesine izin vermez. Oysa ki, Kyäni’de ortada birbirinden değerli gerçek ürünler bulunmakta ve Kyäni işe giriş tarihine göre değil performansa dayalı bir ödül/kazanç/ödüllendirme anlayışına dayanmaktadır. Kyäni’de kendisinden 3-4 yıl önce Kyäni ticaretine başlamış bir distribütörden çok daha fazla kazanç elde eden ve etmeye devam eden yüzlerce örnek bulunmaktadır.
Uzun Yanıt:
Piramit şeması, bir şahsın, başka şahısları ürün satışı ve hizmetinden daha ziyade başkalarını üye yapması üzerinden para kazanacakları vaadiyle işe aldığı bir çalışma modeli türüdür. Şema, piramit ismini piramidin şeklinden alarak kişiyi en tepeye yerleştirir ve en tepedekiler bolca kazanç sağlarken altındaki çoklu katmanlara yerleştirilen her bir kişi kandırılır. Şahıslar, daha fazla kişiyi üye yaparak para kazanacakları yönünde kandırılmaktadır. Herhangi bir ürün satışı olmamasına, yatırım yapılmamasına, varlık oluşturulmamasına ve hiçbir hizmet verilmemesine rağmen çok çabuk zengin olunacağına dair verilen boş vaatler, pek çok insanı olması gerekenden daha fazla kandırmaktadır.
Piramit şemalarının, esasında yasa dışı olduğunu unutmamak önemlidir. Piramit şemaları, kendilerini daha sıklıkla Saadet Zinciri veya dolandırıcı MLM şirketleri şeklinde yansıtmaktadır.
Saadet Zincirleri yasa dışıdır. Bir yatırımcının size verdiği parayı alarak başlar ve bu para yatırımda bulunmaktan ziyade önceki yatırımcılara ödeme yapmak üzere kullanılır. Tabii, kendinize dolgun bir maaş ödedikten sonra. Yatırımcı, yatırımlarıyla ne yapılacağına dair ya da kandırıldıklarına veya boş yere ümitlendirildiklerine ilişkin asla bir açıklamaya ulaşamazlar. Yatırımcılar, Saadet Zincirine yatırım yaptıklarının asla farkında olmazlar ve paralarını neredeyse hiç geri alamamak üzere kaybederler. ROI (yatırım getirisi) almalarının tek yolu ise bir başka yatırımcının “yatırımda bulunmak” üzere kandırılmasıdır.
Piramit şemaları ve Saadet zincirinin aksine, ağ pazarlaması modelini kullanan MLM şirketleri tamamen yasaldı. Ancak ne yazık ki bu modeli paravan olarak kullanan bazı çürük yumurtalar da bulunmaktadır. MLM şirketi maskesine bürünen Piramit şemaları, çoğu zaman, bağımsız değeri olmayan ürünlerin ve hizmetlerin satışını yapmaktadır. Diğer durumlarda ise sadece şirkete kar sağlama amacını güderek distribütörlerine, yeni insanlar bulup bu insanları şirkete kayıt etmelerini şart koşabilirler. Federal Ticaret Komisyonu (FTC) her bir MLM şirketinin yasal ve dürüstlük çerçevesinde işlemesini sağlamak üzere MLM şirketlerini yakından takip etmektedir.
İnsanların nasıl oluyor da kendilerini piramit şemalarına dahil olmuş halde bulduklarını muhtemelen merak ediyorsunuzdur? Belirsizliğini koruyan en önemli konu; piramit şemasındaki üye kaydı yapan insanların, masum insanları güçlükle kazandıkları paralarını bir yalan üzerine harcamaya körü körüne nasıl ikna edebildikleri. Bu tüketiciler “yatırım yapmaları” karşılığında sadece para alacaklarına değil aynı zamanda çok kısa bir sürede büyük paralar kazanacaklarına inanmaya sevk ediliyor. Şemaya “yatırım” yapılmasından çok kısa bir süre sonra para, üye kaydını yapan ilk çalışana gidiyor. Bu çalışanların daha çok kar etmeleri için alt kademeye artık her biri aynı satın alma sürecinden geçecek olan daha çok insan getirmeleri gerekiyor. Bu vaat genelde, sadece küçük bir yatırımla veya az miktarda çalışmayla büyük kazanç sağlama yeteneği şeklinde aktarılıyor -klasik “kolay yoldan zengin olma” anlayışı.
Ne yazık ki daha çok insan aldanarak piramit şemasına katıldıkça piramidin temeli de aynı oranda zayıflıyor ve nihayetinde piramit, üst katmanlarını destekleyecek kadar güçlü olmadığı bir noktaya ulaşıyor. Piramit şemasının aldatmacalarından en büyüğü ise yatırımın ve/veya şirketin kendi varlığını olduğu gibi sürdürecek olmasıdır. Ortada fiili bir işin yürütülmediği gerçeğine dayanarak böyle bir durumun gerçekleşmesi mümkün değildir. Burada sadece, paranın el değiştirdiği ve sonunda da piramidin en tepesindeki kişide toplandığı karmaşık bir süreç bulunmaktadır. Yeni üyelerin veya yatırımcıların, şirketin bir parçası olması amacıyla yatırdıkları parayı kaybetmeleri ise an meselesidir.
Piramit şemasının en alt katmanı -çoğunluğun bulunduğu kısım- şemanın en dayanaksız bölümüdür. Çok geçmeden bir üst seviyeye ödeme yapacak çok sayıda yeni yatırımcının ve kişinin bulunması imkansız hale gelir. Matematiksel olarak en alt katmandaki kişilerin para kazanma ihtimali bulunmamaktadır. Piramidin en altındaki kişiler, paraları üstteki kişiler tarafından alındığı için her zaman kaybeden kişilerdir.
Kendinize bir iyilik yapın ve herhangi bir taahhütte bulunmadan önce daima şirketi en ince detayına kadar araştırın. FTC ile anlaşmazlık halinde olan sadece birkaç MLM şirketi bulunmaktadır; şirkete açılan bir dava olup olmadığını öğrenmek için araştırma yapmanız tavsiye edilir. Sadece şirketin adı ve dolandırıcılık yazarak internette arama yapabilirsiniz. Örneğin Kyäni sahtekarlık veya doterra dolandırıcılık yazarak arama yapabilirsiniz. Böylece, varsa, arama sonucunda FTC Dolandırıcılık Uyarı sayfaları çıkacaktır. MLM şirketlerinin bir piramit şeması olmadığını artık bildiğiniz için katılmayı düşündüğünüz şirket hakkında araştırma yapabilirsiniz.
4 Tips for Creating Solid Business Contracts
When it comes to contracts, most people are aware that it’s vital to have as many details as possible down in writing. These contracts can be a key aspect in determining the success of failure of your business, as they are what protects your investments. However, many business owners have very little experience in creating business contracts, which can leave them wide open for costly mistakes.
Keeping It Simple
While many people assume a contract has to have plenty of legal language that may be difficult to understand, the fact is most experts who provide legal contract advice state that language in contracts should be kept as simple as possible. It is possible to cover all the areas you need to without confusing your reader. In fact, the more convoluted your language, the more likely you are to miss something important and leave yourself wide open. Short, clear sentences, along with simple and numbered paragraphs, all add up to a document that everyone can easily understand.
Correctly Identify All Parties
To make sure it’s clear which obligations are to be performed by each party, the contract should correctly identify all parties by their correct legal names. If this is not done, major disputes can arise, which many times ultimately require a court to fix. If parties are not correctly identified, it could also invalidate a contract, meaning that it cannot be upheld. To keep this from happening, identify a business as an LLC or corporation, not simply by the names of the owners. It may be useful to consult with a lawyer to prevent misnaming any of the parties that the contract applies to.
Include All Details
In many contracts, people make the mistake of taking for granted that certain duties or details are so clear that they don’t need to be included in the contract. This is incredibly unwise, as things that are not written down are not enforceable by law. It can be tempting to use a boilerplate contract that you found online, but these contracts are not ideal. Make sure that you get a contract drafted that is specific to your business and the situations you are dealing with. If a problem arises and results in a lawsuit, judges will interpret the contract strictly based on what is written down, not what was agreed upon verbally or with a handshake.
Don’t Forget Termination Clauses
Since it’s inevitable that from time to time business parties decide to terminate a contract, make sure you include the provisions for doing so in any contracts. Whether it’s failing to make payments on time or refusing to perform certain duties, having provisions for termination can save everyone from having lots of unexpected legal headaches.
It may seem daunting to create legal contracts, but it is something that is within your skill set. It may be helpful to retain a business lawyer to advise you. Let them guide you through the process of drafting contracts that will strengthen your business and your profits.
How to Work with Insurance After a Car Accident
Car accidents can be frustrating and confusing, and the last thing you want is more frustration and confusion. And it just gets more complicated if you or someone else got injured. Regardless of the situation, however, you should ensure that your legal rights and personal interests are protected in the events that follow the accident. One of the ways to do this is by working with your insurer to get the appropriately compensated.
Initial Paperwork
Once an accident has occurred, the first course of action is usually filling out paperwork in the form of a statement or a DMV report. Part of the information you will submit includes the time and location of the accident, the details of all the drivers, the vehicle registration numbers and any photographic images of the scene. Police at the scene usually do most of this paperwork. As you fill out your portion, don’t admit liability, or getting compensation for damages may be more difficult.
Notify Your Insurance Company
Immediately after the accident, it is important to notify your insurance company of the incident. The company will be accountable for a reasonable, appropriate and correct investigation of the claim you have filed. If the other driver was at fault, you should contact their insurance company. In the event that the claim is denied, the insurance company will have to provide a reasonable explanation for denying the claim.
Understand Why the Company Rejects Claims
Insurance companies are keen on saving money when it comes to making settlements. This is why you should understand why they may reject your claim and then make sure to seal these loopholes as you file. Driving dangerously, providing false information, driving under the influence of drugs or alcohol, breaking the law while driving, or failure to report the accident to the police and/or insurance company will jeopardize the chances of your claim being successful.
Know Your Rights
Because insurance companies try so hard to save money, they often try to convince you to settle for less compensation than you are eligible for. Knowing your rights will make sure you get what you deserve. Having an experienced car accident lawyer on your side will help ensure that your rights and interests are protected. These legal experts have an intricate knowledge of the law, and can help you go through the wording of your insurance policy to determine what was covered.
Once that is determined, they will act as a go-between to successfully negotiate better compensation from your insurer.
Even as you work with your insurance company, you should not settle for lowball compensation. In case you cannot reach an agreement, the dispute can be resolved in a court of law.
How to Go About Getting Compensation After an Accident
If you sustain injuries as a result of an accident and you believe another party it at fault, you may be entitled to compensation. Whether it is a car accident, a slip and fall, or an accident that occurred at your place of work, the compensation you receive will cover medical bills, lost wages, pain and suffering, as well as other related expenses in certain circumstances. To ensure you get fair compensation, consider taking the following steps when going about getting fair compensation.
Negligence
Before you receive compensation, you will have to prove it is a consequence of the negligence of the defendant that the accident which resulted in your injuries occurred. Failure to prove this may reduce your chances of getting the compensation you deserve. Your lawyer will help prove this though you may be required to provide evidence.
Get a Police and Medical Report
Whether it is a traffic accident or slip and fall, you should report any incident to the police as well as other relevant authorities. Even if you do not have any visible injuries, seek necessary medical attention, and get a medical report. It is important to prioritize your health so any internal injuries do not worsen. Both the police and medical report will help to strengthen your case and improve your chances of getting compensation.
Gather and Preserve Evidence
In case the matter will proceed to court, you will need to have strong evidence if you are to be compensated. This is why you should take pictures of the scene and have a clear account of the events before, during, and after the accident. You should also make sure the evidence you collect is preserved and not damaged, lost, or stolen.
Check for Witnesses
Witnesses will also strengthen your case through their statements. In case you are in a position to, check for any potential witnesses who can speak on your behalf. Whenever possible, you should get the observations of the witnesses on paper.
Seek Legal Assistance
One of the most critical things to do in your quest to get compensation after an accident is to seek legal assistance. An attorney who has specialized in personal injury will help you to collect more evidence, negotiate a fair settlement, and represent you in court if the case moves to court.
In the event that the accident was as a result of the defendant being extremely careless, you may be entitled to punitive damages. These damages are imposed by the court and are meant to act as punishment for the defendant.
Six Legalities Startups Shouldn’t Forget
For people who dream of being their own boss, few things are more exciting than starting a business on their own. If you have a solid business plan, your startup company should earn profits in a reasonable period of time. Before you take the first steps though, you should make sure that you avoid these common startup mistakes. The tiny legalities and paperwork you have to go through should not be ignored and the below examples can get you on the right path.
A Clear Written Agreement
There should be a clear and written agreement with the co-founders, if there are any. If there is not a clear agreement, there could be huge problems in the future. The written agreement should outline each person’s salary and percentage of ownership. The agreement should also clearly indicate the roles and responsibilities of each person or role you have to fill.
Start a Corporation or a Limited Liability Company
New business owners have to make several decisions. Some entrepreneurs do not start their companies as a limited liability company. An LLC is a limited partnership and a corporation. It has more tax benefits than C corporations. Many companies have to deal with higher taxes or significant liabilities. In this case, it might be wise to consider your options.
Create Standard Contracts
Every startup should have standard contracts for services rendered. The contracts can be tailored to make the terms more favorable to the customer. Make sure that the contracts convey the terms in a concise manner. The contracts should include payment information, liabilities, and limitations. You can hire a third party or an attorney to help with the specifics and wording of these contracts to make them more official.
Get the Proper Documentation
Startups need to have proper employment documentation. If the startup has formed a corporation, the company needs to have a Stock Incentive Plan and an Option Grant. The company will also need an employee handbook.
Protect Your Products and Services
If the startup has a unique service, the owners should consider filing intellectual property paperwork. If the paperwork is not filed, a competitor can steal the idea. The startup should obtain a patent, and the owner should copyright the original work. The company should also use a trademark. A registered trademark will protect the symbolic value.
Set Aside Money for Taxes
Consider important tax issues. All products should be taxed. The company will have to pay sales taxes and payroll taxes. Some companies may be eligible for various tax incentives.
Thousands of new companies are started every year, and 50 percent of new companies are successful after five years. A successful company is more than a game of chance. Successful business owners are pragmatic and determined to succeed.
MLM Terminology
If you are new to the MLM world, there are a lot of acronyms and slang that you are going to need to pick up on, and quick. In order to understand the basics of working within an MLM — from wrapping your mind around the compensation plan, the ins and outs of the company hierarchy, and of course the products. So rather than racking your brain and spending hours and hours on Google, start with this quick read and go from there.
MLM
This is an abbreviation for Multi-Level Marketing. There are many different names for MLM: including network marketing, direct sales, referral marketing, home-based business. There are other names of course, but these are the most common. Some have referred to MLM companies as pyramid schemes, however, pyramid schemes are illegal and the FBI and SEC routinely monitor the industry for pyramid schemes operating posing as an MLM.
Distributor
If you just signed on with an MLM, you are officially a distributor. Each MLM calls it something different. You might be known as a consultant, marketing executive, independent sales representative, but your responsibility is simple: sell. Sell the products. Sell the services. And then train others to sell the products and services.
Downline
Your downline consists of the salespeople under you that are also selling products and services. As the people under you sell products and services, you can earn a piece of their profit. As they recruit people under them and grow their own downline, your business grows and grows. For this reason, a career in the MLM world has the potential to be very lucrative after you have grown a significant downline.
Leg
A leg refers to a piece of your downline. Depending on your MLM company’s compensation plan, you may have an incentive to not only grow your downline top to bottom, but also side to side. A leg is one of the branches in your downline. The more legs you have, there is more potential to have steady income from your downline each month and to reach more incentives and bonuses.
PV
Stands for personal volume. Usually the MLM company requires a certain amount of product to be purchased regularly by distributors to be sold to consumers. Distributors usually can purchase products at wholesale prices or at least a discounted rate that is typically unavailable to consumers. Sometimes PV can go by BV (Bonus Volume) or Business Volume.
Bonus Pool
The bonus pool is a piece of the MLM profits that is used to reward top distributors on a regular basis. The bonus pool is usually only available to qualified distributors who have achieved a certain threshold of sales within a given period. Make sure to research the requirements within your MLM.
Car Bonus
Only a few MLMs have this bonus still, including Mary Kay, Thrive, Kyani, Visalus, and many others. The car bonus program is often advertised as receiving a free car after reaching a certain sales threshold. The truth is that instead of receiving a free car, you simply receive a monthly reimbursement for the car payment. The car itself is registered in your name and you are responsible for maintaining the payment.
These are just the basics to understanding the MLM world. If you have any questions, you should direct them to your sponsor, or the person who helped you register as a distributor. They will point you in the right direction so you can start working on your downline and continue to help grow theirs.
ABOUT PROBATE
Person who has died leaves a will
If the person who has died leaves a will, it will usually name one or more people to act as the executors of the will.
If you are named as an executor of a will you may need to apply for a grant of probate.
A grant of probate is an official document which the executors may need to administer the estate. It is issued by a section of the court known as the probate registry.
No will
If there is no will (known as dying intestate) the process is more complicated. An application for a grant of letters of administration (an official document, issued by the court, which allows administrators to administer the estate) will need to be made.
The person to whom letters of administration is granted is known as the administrator. The administrator is the person who has the legal right to deal with the affairs of the person who has died, and is determined by a set order of priority.
The administrator will usually be a close relative of the person who has died, if there is one. There may be more than one person who has an equal right to do this. Your solicitor will be able to provide you with information on the set order of priority.
Personal representatives
If there is more than one personal representative they must work together to decide matters between them. Disagreements between personal representatives can cause expensive delays.
Grants of representation
This includes grants of probate and grants of letters of administration. Often people just refer to probate even if there is no will.
When a grant of representation is needed
A grant of representation is not always needed. However, some financial organisations may require a grant before giving you access even to a small amount of money. Usually, a grant of representation will be needed when the person who has died left stocks or shares or house or land or a certain insurance. You can ask a lawyer to apply for the grant of representation on your behalf.
Responsible of personal representatives
Personal representatives are responsible for making sure that the estate is administered correctly. If there is a will, the personal representative must make sure that the wishes of the person who has died, as set out in their will, are followed.
Personal representatives are also responsible for finding out if the tax(lawyer explain these) is due as a result of a person’s death. If it is, the personal representative has to make sure that it is paid.
PROBLEM AT WORK
Employment law is complicated and few people have a clear idea of all their rights at work. If you think your employer has treated you unfairly, it is important to get legal advice at the earliest opportunity. Generally, the longer you leave a problem, the fewer options you may have.
HOW TO PROCESS
Once you have found a lawyer, you should explain your situation briefly to him/her. It may be helpful to email the history ahead of a meeting.
Make sure that you mention the dates of the events you are concerned about. If you plan to take someone with you to the meeting, mention this and ask if there are any documents you need to bring. If in doubt, take documents with you.
LAWYER NEED TO KNOW
how long you have worked for your employer and how much you earn, the details of your problem at work. What events have led you to your current situation, whether you have any relevant documents and he may also ask for any documents which you do not have that might be relevant to the case.
Once you have explained your circumstances in detail, your solicitor can explain your options. If your solicitor believes you have a case and you want to take it further, you need to decide how you are going to do this.
Employer’s procedures
It is important to try to sort out your problem with your employer direct first, either informally or using their formal complaints/grievance procedure. If you have started using your employer’s complaints procedures or if your employer has started to take action against you and try to go to any meetings that are arranged and use any appeal procedures your employer has in place. An employment solicitor can review papers with you and perhaps advise you of points to cover at a meeting.
The time limits for taking your claim to a tribunal depend on what your complaint is about.
Settlement Agreements
If you can reach an agreement with your employer without going to a tribunal, this can be recorded in a ‘settlement agreement’. This is a legal document which confirms the terms of the settlement you have agreed, in exchange for which you give up your legal claims against your employer. Your employer will usually make a contribution to your legal costs as part of the agreement. The law requires that you obtain independent legal advice before a settlement will be valid.
RENTING THE PROPERTY
RENTING PROPERTY
Renting the property seems to be easy source of income, but it can be a legal minefield. You may also to pay tax on the income you earn. If there are disagreements between you and tenants, it can quickly become a drain on your time and resources. The best way to avoid this is to take the right legal advice.
Lawyer can deal with landlord and tenant law and are skilled in settling disagreements. Before you look for a tenant, a lawyer can help you to decide what the terms of the tenancy will be and can build these terms into a written ‘tenancy agreement’ tailored to your needs.
AGREEMENT WITH TENANT
Agreement is a contract between you and your tenant. This contract can be written/verbal. If you have a dispute with your tenant about the terms of the agreement, it is your word against theirs as to what was agreed.
Main advantage of having a written tenancy agreement is that it sets out your rights and responsibilities as a landlord in a way that is legally enforceable. This keeps disagreements to a minimum because both sides know where they stand.
ADVICE FROM LAWYER
You should contact your lawyer as soon as you start thinking about renting your property out. This will give you a clear idea of the terms to offer to any tenant you are considering.
A Lawyer explain the different types of tenancy agreement and identify the most suitable for you, draw up or check a tenancy agreement for you, highlight the essential requirements, explain legal issues, warn you of any pitfalls including advice on how to end an agreement and give you advice on the type of tenant references to ask for.
Once you have appointed a lawyer, he/she will explain your rights and responsibilities as a landlord. You then have the opportunity to explain your specific needs and concerns. This will help the solicitor to draw up a tenancy agreement that is tailor-made to your needs. During this process, your solicitor will cover the following issues with you.
Once you have a agreement, make sure that both you and your tenant sign it at the start of the tenancy and you must give your tenant a copy of the agreement if they ask for it.
PERSONAL INJURY CASE/CLAIM
Over million people are injured in accidents every year. The accident victims have a right to compensation.
Even though personal injury law is complicated, with the help of a personal injury lawyer the process of making a claim can be quite straightforward. Some Lawyers offers free initial consultation and tell you if you have a justifiable claim. A Lawyer will also be on your side in dealing with insurance companies to ensure your individual circumstances are fully considered.
Legal dispute that arises after a person suffers harm from an injury where someone else might be legally responsible for that harm. Personal injury law has mostly developed through court decisions. A personal injury can be resolved through informal settlement negotiations.
A personal injury case can also be resolved through alternative dispute resolution, which is a middle ground between a trial and informal settlement negotiations.
What are the Types of Injuries
Injuries can happen for a variety of reasons. Sometimes you to blame yourself, and other times its an accident. If other person else is at fault for your injuries, you may have a legitimate claim for damages.
There are various situations in which another person or company can be responsible for your injuries. When a person is injured after another person’s intentional acts. In most cases, the intention doesn’t need to be to harm someone. Instead, the person must simply have the intention to perform a particular act. If someone pulls the table out from under another person, and the victim falls and breaks his or her arm, in this case he or she could be held liable for the victim’s injuries. Although the person probably didn’t intend for the victim to break his or her arm, the person did intend to pull the table out from under the victim.
A person can also be held responsible for another person’s injuries if he or she acted in a careless manner. Carelessness is a common claim for injuries resulting from car accidents.
There are several other causes for injuries that could result in a valid legal claim. Injuries that result from medical malpractice or a prescription drug could be a reason for a personal injury lawsuit. Even food poisoning could result in a civil lawsuit for damages.
Hire a Personal Lawyer
Someone you love has suffered an injury that you believe is the fault of another person or company, you may want to contact a local personal injury lawyer to discuss your legal options. It’s important to remember that each state has a time limit for when a personal injury lawsuit can be filed. For this reason, it’s important to contact a personal injury lawyer as soon as possible after being injured.