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Organo Gold Independent Distributor
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Holton Buggs is Organo’s Vice President of Sales and top earner. Based in Texas, but traveling nationally and internationally as part of his business.
What is Organo Gold?
Organo Gold is a coffee and wellness company with products distributed all around the globe. Their product line, featuring Ganoderma-infused blends designed to support healthy living, includes coffee blends, beverage mixes and various wellness supplements intended to make you feel your best.
Established in 2008 and located in Richmond, British Columbia, Canada. Their team is comprised of experts with vast marketing and business development experience who are equipped to equip their distributors with all of the tools needed for success – this includes providing Back Office access, Pro Replicating website services and Business Entry Kits.
OG offers premium gourmet beverages, nutraceuticals and personal care products that utilize Ganoderma Lucidum’s incredible power to help people lead happier and healthier lives through its exclusive products and an industry leading compensation plan.
Why Organo Gold?
ORGANO has over 10 years of experience in the industry and remains committed to sharing nature’s bounty with people across the globe. Their products range from coffee and tea, supplements, wellness and personal care items, gluten-free options as well as items made entirely with organic ingredients – perfect for customers with dietary restrictions!
Since 2008, Ganoderma Lucidum mushroom extract products have quickly grown into an international corporation. Now with offices across 50 countries and more than $1 billion sold globally. Their product line based around Ganoderma Lucidum mushroom extract – widely used in traditional Chinese medicine for generations. They boast strong antioxidant and anti-aging benefits.
Organo Gold provides independent distributors an opportunity to generate income by building teams and retail sales. Distributors can earn weekly payments of up to $50 depending on their volume; making Organo Gold an ideal way to launch any new business venture.
Distributors of Organo Gold can increase their earnings further by hosting Organo Gold Mixers at their homes or restaurants. OG Mixers bring together coffee enthusiasts and potential business partners for networking purposes to promote Organo Gold’s products and network marketing opportunity – and can lead to many new connections! These events are not only fun and profitable!
If you’re considering joining the OG team as an independent distributor, it’s essential that you realize success requires both time and energy. Training sessions must be attended, taste-test parties must take place and interactions with prospects must be maintained online; additionally it is key that you become knowledgeable of our products as they relate to customer needs.
Organo Gold’s MLM model necessitates meeting certain stringent requirements in order to remain compliant with federal law. For instance, its distributor application contains a non-compete clause which restricts terminated distributors from engaging in any other business opportunity that directly competes with it in providing Ganoderma-based products (Dkt 11 (Bulthuis Decl.) Ex. 1 at 6). Furthermore, Organo Gold provides for mandatory pre-litigation mediation through the Distributor Agreement.
How Organo Gold Works
ORGANO GOLD INTL, INC. is the Plaintiff in its dispute against Luis Ventura et al. as defendants.
Organo Gold is an international multilevel marketing (“MLM”) company which sells coffee infused with Ganoderma extract under various brand names such as Organo Gold, Gold Thrive and OGX. To qualify as distributors, defendants were required to buy and sell its products at retail price to qualify for commissions and incentives as well as attend seminars hosted by Organo in order to remain current with company policies and procedures.
Organo asserts that Defendants breached their contracts when they left for Total Life Changes LLC (“TLC”) in February 2016, leaving Organo without providing notice, and in doing so violated non-compete clauses in their Distributor Application and Policies and Procedures by soliciting Organo’s customers to join TLC instead. Dkt 15 at 14-16
As stated by the Court, Organo Gold’s policies and procedures prohibit Distributors from participating in any other opportunity that directly competes with it in selling ganoderma-based products; Dkt # 11 (Bulthuis Decl.) Ex. 1. This clause likely encompasses businesses selling coffee or other healthy beverages since a network of distributors who had supported one MLM business would prove invaluable for another, even if only some portion of its overall product offerings involved Ganoderma based products.
At oral argument, the defendants argued that the two non-compete clauses conflict, with only the narrower provision prohibiting customer solicitation being enforced. However, the Court found that both clauses can be read together to achieve their same purpose – safeguarding MLM companies against departing employees using any confidential information and personal contacts they gained while employed unfairly against competitors to gain an edge with another business.
The Court deems Defendants’ violation serious enough to warrant an interim injunction pending final resolution of this case, and believes the balance of hardships leans in favor of issuing one as set out below.
What is the Opportunity?
At Organo Gold Mixers, your Independent Distributor will offer free samples of the latest ORGANO(tm) products in an informal social environment while discussing business opportunities. OG products are intended to encourage healthier lifestyle choices. And if you want to become an Organo Gold Independent Distributor yourself, your Independent Distributor will explain how the company’s compensation plan can create life-changing income for both you and your family.
The Distributor Application contains a more broad non-compete clause than those found in Policies and Procedures, prohibiting “particip[ing] in any opportunity that directly competes with Organo Gold in offering ganoderma-based products” Dkt # 11 (Balthuis Decl.) Ex. 1 at 6. While exactly what constitutes directly competing opportunities is uncertain, likely including soliciting customers of Organo for another MLM business selling these types of ganoderma-related products.
At any rate, both contracts comply with Washington law in terms of their restrictions. A one year duration in an MLM context and geographical restrictions do not prevent Organo’s distributors from selling its products everywhere they please. Furthermore, both contracts were entered into after at-will employment does not render them unenforceable as both contain fixed term distribution agreements that provide sufficient independent consideration.
L&A Ventura’s assertions of Organo’s internal turmoil and declining distributor numbers are unsubstantiated. He relies on hearsay statements indicating this decline without providing any tangible proof. Furthermore, records show that several low and high level distributors left the company in February 2016.
L&A Ventura’s arguments that non-compete clauses are unenforceable or that an injunction should not be issued are therefore without merit and the Court will grant him a preliminary injunction to prevent him from violating his Distributor Agreement with Organo Gold. A full hearing date will be scheduled and all parties involved will be notified accordingly.