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the Reliv marketing program, which he says would enable him to
earn commissions on their Reliv sales.
As it happens, since he became involved in Reliv marketing
in 1997, petitioner’s only customers have been family members.
Likewise, the only two people he has sponsored as Reliv
distributors have been family members--his son and his brother,
both of whom became distributors to take advantage of the
distributor’s discounts on Reliv products. The son did not last
long in the business; he quit in 1999, the same year he started.
During 1998, petitioner advertised Reliv in a weekly paper
called Pennysaver. He discontinued this advertising in 1999.
Since then, he has not advertised in any newspaper. Similarly,
during 1998 petitioner posted bulletin board flyers in
laundromats and grocery stores but likewise discontinued this
practice in 1999. Although Reliv sponsors Web sites for its
distributors, petitioner has never had a Web site for his Reliv
activity.
Petitioner commuted 80 miles, one-way, to his job at Abbott.
On certain days, he would stop at commuter train stations or
shopping malls along his commuting route and place “drop cards”
on car windshields. These cards proclaimed “The Opportunity of a
Lifetime” and gave his phone number but generally did not mention
the Reliv name. Petitioner has never received any response to
any of these drop cards.
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Last modified: March 27, 2008