Robert D. and Carol A. Berryman - Page 4




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          others to join Melaleuca.  The amount of commissions petitioners            
          would receive was determined by the number of individuals                   
          recruited as well as the volume of products that these                      
          individuals signed up to purchase from Melaleuca.                           
               Prior to their involvement with Melaleuca, petitioners had             
          no experience in running a business.  Despite this lack of                  
          experience, petitioners did little to educate themselves in the             
          economics or logistics of operating a profitable business and               
          instead relied solely on the guidance provided by Melaleuca                 
          insiders.                                                                   
               Petitioners hired their son to help set up and maintain an             
          accounting system on their home computer.  Petitioners used this            
          system to track the income and expenses related to Melaleuca.               
          Petitioners did not, however, use this accounting system to help            
          evaluate their business or try to make it more profitable.  In              
          addition, petitioners did not create or maintain any business               
          plan or budgets with respect to their Melaleuca marketing                   
          activities.                                                                 
               Petitioners’ attempts to recruit other marketing executives            
          consisted of hosting gatherings of friends and acquaintances in             
          their home, where petitioners would present Melaleuca and try to            
          persuade these individuals to join.  There is no evidence,                  
          however, that petitioners advertised these gatherings by any                
          means other than word of mouth.  Petitioners achieved limited               







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Last modified: November 10, 2007