The 2004 letter should not be misconstrued as suggesting that an MLM can lawfully pay compensation on wholesale purchases that are not based on actual consumer demand by characterizing such purchases as “internal consumption.” The 2004 letter itself does not support such a construction, nor do subsequent judicial decisions. For example, the court in BurnLounge held that, notwithstanding the defendants’ characterization that participants bought packages for “internal consumption,” the compensation paid on such purchases was not tied to consumer demand for the merchandise in the packages; instead, the opportunity to advance in the marketing program was the major driver of package purchases. Similarly, in granting a preliminary injunction against Vemma Nutrition Company, the court rejected the argument that individuals who had joined as business opportunity “Affiliates” only wished to purchase product for their own consumption, finding that this claim was “not based in fact.”
The most powerful thing you can do to a prospect or downline, is make their dream real. We used to carry brochures of cars, exotic vacations, resorts, boats, million dollar homes, and pictures of enjoying life with us. And we were constantly reminding the prospect or downline what they were working so hard for. We showed the pictures to them. And we also reminded ourselves of what we were working for. Plug them into the HOPE of a bigger car or home, a lifestyle of TOTAL freedom, and let them look at pictures of what it looks like, and feels like.