2016-12-05 13:38
The country's first WeChat three distribution has been designated as a pyramid scheme
[news] December 5th report Beijing (Teng Chi lawyers) the first contact with the three level distribution concept is a training in the first half of 2015 meeting, the teacher made a fruit distribution link in WeChat group, this viral distribution method suddenly brighten, feel the whole world is not good. Actually, the original marketing so you can play. We have to guide teacher opened the "own shop", although the occupation sensitivity heart more or less or some bumps, but still happy fantasy coffers could one day income surge.
An idea is undeniable, WeChat marketing most think this is a revolutionary marketing strategy, said three level distribution is the original payment channel to channel fees, advertising fees are paid to direct profit to end consumers, for example, the original price of 300 yuan of health products, if in the original super, advertising, then this part of the marketing expenses account for about 30% of the original price, and now, businesses decided into super and advertising, so the 30% through the three grade into a way to pay directly to the end consumer. Of course, it is undeniable that people subconsciously generally believe that this is a pyramid of crime, but the emergence of new mode of the Internet industry based on the network evaluation and hold a kind of people this is not the only one, the confusion of the half believe and half doubt, trying to sort out the relationship between compliance and audit of Internet marketing provides a reference we start by talking about this "three level distribution chart analysis".
"The three level" that's exactly why the distribution?
Why suddenly this few years out hot concept of a three level distribution? Seems to have not heard before, but now say "pull the head is three level distribution and marketing, marketing is legal" legal protection by the state, but also a lot of water on the network, all kinds of comparison of three level distribution and marketing the difference between the direct and post all over the place, explain the joke.
As early as 1998, the State Council formally issued a "Notice of the State Council on the prohibition of pyramid selling activities", and since April 18, 1998, the ban on all forms of marketing activities. After the promulgation of the prohibition of marketing regulations in November 2005, formally defined in the form of law. July 2009, "criminal law amendment (seven)" for the first time as a crime of pyramid schemes. May 7, 2010, "provisions of the Supreme People's Procuratorate, the Ministry of public security on the public security organs under the jurisdiction of the criminal case prosecution standard (two)" issued, it is also in this law, the first time the "three level" way of expression, namely "suspected of organizing and leading MLM activities and staff in more than thirty levels in more than three, the organizers and leaders shall be filed for investigation and prosecution". In November 14, 2013, the Supreme People's court and the Supreme People's Procuratorate and the Ministry of Public Security jointly issued "on the handling of some issues of applicable law in criminal cases the MLM organization and leadership activities opinions" to the crime, behavior further provisions were made, including the definition of level three.
This is why marketing is now in order not to exceed the three level as the legal boundaries of the source of the background. Is a lot of pyramid schemes in order to under the guise of legitimacy for the coat, illegal tactics.
4 typical errors in the three level distribution
Circumvent the unlimited development off the assembly line?
This is the biggest mistake, in fact, the existing phase of the so-called three level distribution, actually infinite class of distribution system, but the model advocates the concept of substitution of three level distribution. The so-called three level distribution, but is limited to three levels of remuneration Commission, more than three levels above the level that has nothing to do with you, above the three level distribution solution map as an example, which is the "I", "me" development level, level two and level three, then the "I" only through the development of members of the class 1-3 pumped into fourth levels, and not through the third level development level and then pumped into. Similarly, the three level distribution of the deconstruction of the "first level", only to be able to draw from the three levels of the first 2-4, the fifth level that can not be obtained. In addition, we must understand that each level is a parallel infinite number of members, namely, "I" below the first level can be composed of numerous members, "I" can be drawn from each of the first members. So, the so-called three level distribution is in fact an infinite class distribution system.
Three level distribution is not included in the class?
This is a typical error, the current market almost all the models have this problem, because each model has set the three grades of the proportion of the pumping, until fourth grades have not been. Therefore, it must be clear that the so-called three levels in the end is what three levels.
The opinions of several issues concerning the application of law in the criminal cases of the organization leading pyramid selling activities have been defined. The provisions of "calculation of the sales organization and the number of layers, as well as the organizers and leaders directly or indirectly involved in the development of computational number of pyramid schemes officers and layer series, including the organizer and leader of the hierarchy, and i". Although marketing does not necessarily constitute a crime, but can be based on the terms of reference. This provision makes it clear "including the organizer and leader of himself and the level," the vernacular, if "I" this level as the organizer and leader of "three stage by" I "," one "and" two ", with" three ", then belong to the four level distribution.
There are three levels is really three?
The issue to be solved is that, if the development of A B1 and B2 second, B1 C development of the third class, but B2 did not develop C the third, then the problem, B2 this line can not do constitute a level three. Imagine B2 this line is actually not up to three should not be oh, but in fact, see a real case will understand.
In the first case of WeChat (Nanjing Chen Zhihua MLM organization, leading the crime pyramid schemes case) constitute a crime case (M Law: MCLAWMAN WeChat background reply text "the first micro pyramid schemes, the open verdict, article) counsel Chen Zhihua directly part of the development of people without development off the assembly line, it does not constitute three the grounds of appeal and the defense level, the views of the part number and amount shall be deducted, but also" trial court that "more than three levels required by the organization, leadership pyramid schemes crime refers to the level of marketing organization should be in three level and above, the appellant Chen Zhihua established the MLM organization level for three levels. It is involved in the MLM organization personnel shall be deemed to be part of the staff personnel involved in MLM activities, Chen Zhihua is not directly the development of the assembly line, also belong to this column".
No more than three live in peace?
China's "ban on marketing regulations," did not say that as long as no more than three, there is no problem. Because the definition of marketing is not said, "three" is one of the necessary elements of the marketing act. In fact, more than three is just a necessary but not sufficient conditions constitute a crime, not a "three" generally does not constitute a crime. If it does not constitute a "three", but in line with the marketing structure, is still to bear legal responsibility.
"The prohibition of marketing regulations" clearly stipulates: "the provisions of article seventh provisions of the act, organize marketing, by the administrative department for Industry and Commerce shall confiscate illegal property, confiscate the illegal income, at 500 thousand yuan to 2 million yuan fine; constitutes a crime, shall be investigated for criminal responsibility according to law." Description does not constitute the crime of pyramid schemes, the lowest is the industrial and commercial fine of 500 thousand, the maximum fine of 2 million, is also very serious punishment.
The country's first WeChat three distribution was identified as a marketing case
In April 6, 2016, the country's first commercial newspaper China exposed WeChat three level distribution was identified as a marketing case. This case never appeared before, so it is very worthwhile for us to examine the control. Before the so-called WeChat MLM like the amount involved is high, but this is the use of WeChat channel marketing, such as the aforementioned Nanjing Chen Zhihua organization, leading the crime pyramid schemes case, Chen Zhihua to the Asian hypnotist himself, to promote the WeChat marketing course name, the name of "millionaire. WeChat marketing business model." the slogan of WeChat marketing, actually still not out of the traditional marketing model.
According to reports, the case is like this: after the identification, December 12, 2014, the parties signed a contract with the technical development (commissioned), commissioned its custom development of the Internet WeChat platform sales software. At the end of February 2015, WeChat officially launched the marketing platform launch, sales of Maca, liquor, wine, tea, mask and other products. The parties stipulated in the promotion policy and join mode: personal purchase of 398 yuan Tea Mask (or not lower than other products 398 yuan) can join or become a personal ID company derivative. The parties through the sharing of the link in the circle of friends in 1 ways, according to the development of the 30 fission mode layer development called "branch" and "two branch" and "three branch", between the levels of micro business outlets to form the offline relationships. In accordance with the provisions of the company's superior micro payment, according to the micro business lower three levels of sales performance is calculated and paid. To the incident, the parties involved in the development of the team in the process of marketing WeChat has developed more than 1000 people to become the company's micro business.
Yuelu District Business Bureau, Hunan province hand easy sell Trading Co. Ltd. in the process of promotion and investment, through the promotion of the public attention company WeChat the way the development of micro business, to join WeChat users in accordance with the share order stratified mode, all levels of derivative forms between online and offline relationships. Return from downline sales fixed percentage, which accords with "the prohibition of marketing regulations" article seventh (three) the provisions of the "team" pyramid. At the same time, the company as a business enterprise, through the development of WeChat marketing software, organization and planning and
This case in the WeChat marketing program, in fact, is already very common in the market. For example, commissioned by the external development WeChat H5 page, the consumer is no less than the price of the purchase eligible, share, offline, the amount actually is not high (only a few hundred yuan and the traditional pyramid motionless on thousands of distinct, universal classification Commission). Ultimately unlucky or commissioned by the development of a platform for other companies, by administrative penalties 500 thousand yuan, for start-up companies, a few million development costs were fined 500 thousand yuan, but really is not a small number. If you press this mode of punishment, it can be imagined, the entire market is the so-called three level distribution of marketing.
Of course, before the punishment never happened in other places, only Yuelu District Business Bureau, statements of a school, especially the judicial organs have not found similar, but also personal reservations, panic effect, but without prejudice to the punishment will cause three level distribution pattern of fear, it is bound to affect the marketing scheme of micro mall platform. We recommend micro mall platform or a cautious wait and see.
Three distribution can be good fun?
If you really want to have a clear answer, it can only be said that can not play. However, through the study of many cases, three level distribution market if you really want to develop a healthy, we must re-examine this model, micro mall platform, H5 page, if you want to lower the risk to marketing through the three level distribution, more need to carefully re cautious.
If you have to give some advice, or you have to first and then explain what is called marketing, only to understand the MLM to avoid marketing. In the definition of the law, there are only three modes of marketing, in fact, one of them, it constitutes a marketing, in addition to the general is not easy to form a pyramid scheme. The first mode: pull the head model, the number of offline development according to your offline and offline head to return; second modes: membership fee model, that is to pay a certain amount of membership fee or buy a certain amount of goods to obtain qualification Commission according to the development of offline, offline sales fees or commodities; third model, team model, relying on the development of offline sales performance as on-line payment basis.
In the interpretation of the pyramid basis, also to explain the direct, because many people have these concepts innocently tell, once want to excuse, and often do not cover what we are saying the direct sales model, let consumers, direct selling is a legitimate mode "recognized by the state, it can direct the term everywhere play trick.
Yes, direct marketing is legitimate, but what is the real direct marketing, the need to understand the difference between the following:
(1) direct sales must obtain the national direct sales license, no approval shall not be sold in the name of direct sales, as of March 2016, the country only 73 companies to obtain direct sales license;
(2) certain goods to direct, in addition will not work, including the current six kinds of goods can be direct, including cosmetics, cleaning supplies (personal hygiene and household cleaning supplies), health food, health care equipment, small kitchen appliances and household appliances;
(3) direct sales have geographical restrictions, direct selling companies engaged in direct selling activities to provinces and autonomous regions, municipalities directly under the central government, intends to engage in direct selling activities set up branches responsible for the administrative area of direct business, it engaged in direct selling activities should be established for the area and meet the needs of consumers and sellers know the price, return the company to provide other services and service outlets.
Play three level distribution, the biggest risk is a pyramid selling crime, this is not all love to see, but the risk is very difficult to avoid administrative punishment (unless the final judicial authority on a case judgment, in order to avoid appearing) involving criminal acts, we can only try to build sales team paid "mode of distribution system.
Judicial interpretation of the provisions to the sale of goods for the purpose of payment according to sales as a simple "team" type of marketing activities, not as a crime "(don't wrong, this is the pyramid). But we should pay attention to details: first, there must be a real commodity sales, which itself is engaged in e-commerce business model or micro business, in addition to commodity sales profit, without any other mode of profit, can not with multi-channel business model; second, the goods must have a reasonable price, a reasonable proportion of accounting the cost, such as a cup, the cost price of only 100 yuan, you can not say to qualify, to spend 500, 2000 of the consumers what to buy, you should have a reasonable accounting under the traditional channel sales price amount, for example, the cost is 100 yuan, channel advertising is 50 yuan, the profit is 10 yuan. The general can only be carried out on the basis of 160 yuan sales; third, allow consumers to buy goods not to tempt consumers to "get to the development of the line of the qualification, its true purpose must be to sell As for how to optimize the flow of goods, provision requires case analysis; finally, to the following line sales as the basis for the calculation of compensation, the higher pay more sales, but not set other categories such as the development of membership, layers of requirements.
From another point of view, play three level distribution business, the biggest weakness is not actually criminal risk, but the risk is the WeChat platform directly "fuse". In February 15, 2015, WeChat issued a "notice" the public platform of WeChat public platform on the consolidation of multi echelon distribution mode behavior, "ban through distribution mode based on offline sales commission" and "user induced by way of rolling development personnel promised return" two through the WeChat platform for distribution marketing mode. So, if you want to distribute through the WeChat platform, will be deleted off link may trigger risk, and this risk compared to the legal risk, the damage of the biggest and most direct, and this risk basically no effective relief way, this is the most painful.
No matter what the next three level distribution will go, it is always unable to get rid of the shadow of the pyramid scheme. For the new model of Internet market, marketing compliance audit must become an important part of Internet start-ups, to avoid "all such operations" the crowd views as a means of demonstration.
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