Kenneth J. Nissley and Terri C. Connor Nissley - Page 5




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               Amway maintains a “pyramid” incentive system.  Under this              
          system, an “upline” distributor receives a bonus based on the               
          volume of sales generated by his or her “downline” distributors.2           
          Thus, the system presumes that the “upline” distributor’s                   
          potential for profit will increase as his or her network of                 
          “downline” distributors becomes wider and deeper.3                          
               Because the “upline” distributor’s bonus is based on the               
          volume of sales generated by “downline” distributors, such bonus            
          is not directly affected by a “downline” distributor’s                      
          profitability or lack of profitability.                                     
               The Amway “pyramid” incentive system is promoted by Amway in           
          the form of the “6-4-2 plan”.  Under the “6-4-2 plan”, each Amway           
          distributor is encouraged to personally recruit 6 “downline”                
          distributors, each of whom in turn is encouraged to recruit at              
          least 4 “downline” distributors, each of whom in turn is                    
          encouraged to recruit at least 2 “downline” distributors (for a             
          total of 78 “downline” distributors in the initial distributor’s            
          organization).  Amway promotes the “6-4-2 plan” as the                      


          2  The “upline” distributor’s bonus is also based on the                    
          volume of sales generated by the “upline” distributor himself or            
          herself.  However, the volume of such sales is generally minimal,           
          and the portion of the bonus attributable to such sales is                  
          negligible.                                                                 
          3  The “width” of a network refers to the number of                         
          “downline” distributors that are personally sponsored by the                
          distributor in question, and “length” refers to the number of               
          “downline” distributors that make up each “leg” of the network.             




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Last modified: May 25, 2011