Good Grief! I Got an Internet Violation Notice From the Ho...

[PampChefJoy]

can the comments just say "PC" instead of Pampered Chef?

I did leave in PC but I replaced "Pampered Chef" with "[company name masked]".

I am going to assume (bad idea??) that people who make their way to my website know what it's talking about...

Now I need to think on it a bit but the wording will eventually change altogether so that I am absolutely CLEAR on what *service* I am providing, NOT what flyer or newsletter I'm *selling*.

 

[PampChefJoy]

My husband is. I can have him look stuff over when he gets home tonight, if you want!

That would be awesome -- I am feeling the Cheffer Love

 

[esavvymom]

Maybe if you can word it so you are selling your service of assembling the information- kind of like it's illegal to sell Coupons...but someone can sell the service of cutting/clipping/assembling and mailing the coupons to you. HA!

I think the whole internet rule is getting ridiculous. It's like expecting you to drive to your shows in a horse and buggy!! Get with the times.
Would HO rather the sales go to E-bay and the other companies who ARE available online? Why have a PWS if you can't let people know about it? It's getting ot the point that I'm not sure anymore where I can and can't put my URL! Too bad we can't all stage a protest and stop selling for one week until they get more reasonable internet guidelines.

We are trying to represent ourselves and the company as PROFESSIONAL. Making our own newsletters, first, is not going to look professional, and will take so much time. And second- most of us couldn't even get one to work as well! With all of the issues with various email clients and ISPS, it would be a nightmare.

And if they think the emails that we can send out through Customer Connection are the answer, they are fooling themselves. You can't edit most of the email. And you are severely limited in what you can. Plus, they don't include anything for a "Generic" format, or an "Outlet" email or anything USEFUL. By doing the newsletter service, we can combine all the key elements into ONE email. With Customer Connection, if I want to tell them about the month's specials, the outlets/website, recruiting, or wedding registry- I'd have to send a separate email for EACH subject! That would just tick people off and they'd unsubscribe.

I'd for sure want to know what she meant by Merrill having a newsletter. Even if they DID have one, it would likely be as expensive or hard to work as everything else on Merrill and I for one wouldn't use it.

 

[smithcooking]

Joy,

I am so sorry to hear about all of this. I have heard so many good things about your newsletter and have been trying to do one myself. It takes so much time and like everyone else has said on this thread that the one's on our PWS don't really get the message that we want acrossed to our customers the way that yours do. If people are still able to sign up for your services I would love to know, because I was going to sign up so that I didn't have to do it each month.

Keep your head up and we will all try to help you get this solved so that you can continue to do this service for us.

Thank you,

 

[pcchefjane]

We love you Joy! Maybe some of those "lazy people" we have discussed are not liking some of the non-lazy people's comments! I would go to bat for you with HO in a heartbeat even if I am only a "Consultant"! No way could I make the beautiful newsletters that you do! I am sure am glad I downloaded all the Feb ones last week! HUGS! Hang in there! We're with you!

 

[peachey]

Joy, if you find out there is someone we can contact that will take our input, let me know. I can email HO, but I would rather know someone specific I can contact and know they will follow up. Is anyone signed up with the other newsletters offered? Are they shut down today as well?

 

[chefann]

Joy- I'm so sorry that this is happening to you. And I hope that it can be resolved quickly.

 

[chefjeanine]

Joy,

Whatever you need from us, just say the word! The newsletters you make available to us are just what we need to present ourselves in a professional manner. I would be so sad to give up your service. My business and my customers would suffer. And, I don't have the ability to create anything like TT.

I am praying that this is resolved (in your favor and ours) quickly.

 

[PampChefJoy]

Gak... I just tried to google "Pampered Chef newsletter" and my site doesn't even come up!I thought about what would happen if I just gave it away for free, but then I realized that HO did ask me to take down the free flyers page, so I don't think money is the issue with that...I do wonder if someone thinks I shouldn't be charging and should be sharing for free instead... or maybe it was one of my competitors...who knows....

 

[tlag1986]

Joy I am so sorry you are having this problem. I don't use your newsletter, but a different one. I still want to say I support you and hope they issue is resolved soon.

 

[prepchef]

Who cares if you have Pampered Chef in your profile on Facebook? It can't possibly be that unfair an advantage.

Seriously! How many of you who have PC on your FB have actually gotten a sale? None!

This HAS gotten out of control!

When I was called on the carpet in '05, I was told by a person on the phone "the internet is still so new for us here at PC, we are trying to keep our Trademark secure."

I liked it to this...a "zipper" was once a trademarked name. People now reference it to every device, even the ones not manufactured by Zipper. Same with Tupperware. I pretty much call any plastic bowl tupperware. They don't want to loose control like that. I don't fully understand the consquences of it. But that is what I was told.

Joy...I'm behind you!

 

[merego]

i think it's time to flood ho with complaints about this.

You provide a valuable service to us. And, i for one am not willing to give it up.

I wasn't aware that merrill provided a newsletter - i'm sure it's expensive.

agreed!!!!!!!!

 

[merego]

Joy, you are awesome, I love the service you provide and anythng I can do to help, just ask

 

[pamperedlinda]

WOW - so much Cheffer Love in the air!!!

 

[erinyourpclady]

(((((HUGS))))))) Joy...we are all behind you 100%!
I love my newsletter and will never give it up!

 

[prepchef]

Maybe Admin Greg can offer some help? Is he a consultant?

 

[PampChefJoy]

I have an email into Barb Duke and am awaiting her response...

In the meantime, I have to say I'm just so hurt by this whole situation. Unlike FB or Craigslist advertising, where I can see why they think it's an unfair competitive advantage... I don't understand why me making flyers available for free is hurting anyone. They did quote somethign about how they can't control how other people use their images if consultants were free to do what they want with them... but then, who is to stop one of your customers from taking an image from your email and then putting it on ebay to sell something? The images are public access on the PC site anyway, so anyone who wants to clip it for Ebay could (not saying it's right, just saying you don't have to get it from a consultant).

The only other conclusion I can draw is that someone is not happy with my making money on it. And I'm not sure I need to defend myself on that. If you had any idea of the amount of time and resources I spend on this, you'd think I was underpaid. Ask my daughter who pouts everytime I put her off to work on the computer! I have thought about quitting so many times before and always stopped because I knew people were depending on me! Oh man, I need to stop whining....

 

[cookingwith_tara]

This just stinks!

 

[prepchef]

In PC's email to you, what was the consequence if you didn't stop? Would they recind your consultancy? And if they did that, then what? Would you still be able to continue TT as a business?

 

[heather223]

Joy, I don't use your service, but I am behind you all the way on this one. I understand saying you can't post on social sites, have your own created website, or sell on other internet sites, but you are providing a service to people, not selling the products directly.

Hope it gets resolved soon.

 

[NooraK]

Oh man, I need to stop whining....

You are not whining. You are justifiably expressing your frustration to a group of people who care for and support you.

 

[PampChefJoy]

In PC's email to you, what was the consequence if you didn't stop? Would they recind your consultancy? And if they did that, then what? Would you still be able to continue TT as a business?

Joy,It has come to our attention that there is an advertisement of your business on the following Web site:http://www.tastytidbits.netAccording to the guidelines mapped out in the Internet Advertising and Publicity Guidelines, "Other than through your Pampered Chef Personal Web site, you may not promote or advertise your business on any other Web site, Internet directory, search engine, etc." It also states that in addition to the ban on linking to Personal Web sites, any other form of advertising on the Web is prohibited." Please remove or request the removal of the advertisement and all other Pampered Chef related text and material no later than by January 31, 2009. Copy me on all correspondence that may be sent to this site requesting removal of this ad. Be advised that if we don't receive this information it may result in the disabling of the online ordering feature on your Personal Pampered Chef Web site.We trust that you want to abide by the guidelines and we look forward to your compliance.Consultant Career Solutions is here to help support your business, should you have any additional questions, please do not hesitate to contact us. [name deleted so you don't bombard her]Specialist, Consultant Career SolutionsThe Pampered Chef(r)

 

[prepchef]

I don't see any "advertisement of [your PC business]" on your site at all! And i couldn't even find a reference to Pampered Chef! WTF?

 

[PampChefJoy]

I got a quick email back from Barb - she is tied up because we have a kickoff event tomorrow night. She said she'd try to find out from the sales staff visiting (to be honest, I don't recognize the names of who is presenting.. I'm a bit out of touch there), but no guarantees that they'd have time to address it. She did mention that she thinks they are clamping down on this stuff @ HO because they have no control over what goes into the newsletters.Seriously... if they want to control it, why haven't they presented their own version and made it available to consultants?

 

[babywings76]

Well, to me it just sounds like if you just remove all the mention of PC from your website you are okay. You give out PC info (newsletters and such) in e-mails, so shouldn't that be okay--just sticking to what this letter says? Is it when you spoke on the phone that she went off on your newsletter business in general?

 

[janetupnorth]

Joy, reading that and looking at your site, they were probably complaining about your "About Me Page".Just so you don't have any other issues, I suggest saying that it was launched in July/August of 2005, not after National Conference. Say you are retired from "shows in other peoples' homes" and change National Directors to "upper-level directors".That way, any consultant knows what you are talking about but there is nothing to distinguish it from being Tupperware or PC...I'm super busy today but I'll try to view your other pages to see if I find anything else that might even be questioned...

 

[janetupnorth]

I don't see any "advertisement of [your PC business]" on your site at all! And i couldn't even find a reference to Pampered Chef! WTF?

She removed it already! She's quick!

 

[prepchef]

And as for TTConnect, you have to Log In and Pay (Just like CS)! Now I'm getting mad!

 

[PampChefJoy]

I don't see any "advertisement of [your PC business]" on your site at all! And i couldn't even find a reference to Pampered Chef! WTF?

So I asked for clarification and this is what I got back:

Joy,

Thank you for your response. Our recipes and their photos are considered Pampered Chef's intellectual property, along with any other photos we take, product descriptions, trademarks, logos, etc. We have to place limits on what intellectual property Consultants are allowed to use and where, to protect the value of these assets. If we allow Consultants to use these assets however they see fit, we will not be able to enforce our rights against those who misuse them, for instance those who sell on eBay.

We are asking you to remove all Pampered Chef related text and material

So... have I complied??

 

[pamperedlinda]

They should be WAY MORE worried about how WE would represent PC's image if we are left to our OWN RESOURCES!

At least you have a proven and classy track record! :thumbup:

Go home and have a bottle or three of wine tonight - you'll feel like crap tomorrow, but I guess you already feel that way - huh? Hugs!

 

[babywings76]

I got a quick email back from Barb - she is tied up because we have a kickoff event tomorrow night. She said she'd try to find out from the sales staff visiting (to be honest, I don't recognize the names of who is presenting.. I'm a bit out of touch there), but no guarantees that they'd have time to address it. She did mention that she thinks they are clamping down on this stuff @ HO because they have no control over what goes into the newsletters.

Seriously... if they want to control it, why haven't they presented their own version and made it available to consultants?

So are they now going to make it against policy for us to come up with our own personal e-mail newsletters? How can they enforce that?! Your newsletter are far more professional and set a nice image for PC than anything lots of us could ever make! If we are INDEPENDENT consultants for PC, how can they do this? This is going to turn off a whole lot of people!

 

[jrstephens]

It sounds like they are justt meaning any reference to your website not your newsletter subscription. Maybe you just got a "grumpy lady" when you called HO earlier and she made the comment about the newsletter. There seem to be more and more of those "grumpy" people everywhere you turn here lately.

 

[PampChefJoy]

Well, to me it just sounds like if you just remove all the mention of PC from your website you are okay. You give out PC info (newsletters and such) in e-mails, so shouldn't that be okay--just sticking to what this letter says? Is it when you spoke on the phone that she went off on your newsletter business in general?

Yes, that is the crazy thing. It started off with that email to my PC email address... and then when I called her (figured it would be easier than going back and forth in email), and I told her I'd remove any references, she then went off on how I shouldn't really be doing it at all, and how I should concentrate on my business, and to be honest, she seemed a bit "weak" on the phone, like she really wasn't speaking with much authority and she really couldn't argue/agree/disagree with anything I said... just kept regurgitating policy....

 

[prepchef]

We have to place limits on what intellectual property Consultants are allowed to use and where, to protect the value of these assets. If we allow Consultants to use these assets however they see fit, we will not be able to enforce our rights against those who misuse them, for instance those who sell on eBay.

But it's ok if I create my personal newletter using those pics and distribute it? I don't get it!

And like what was said above, you deliver a superior product!

 

[PampChefJoy]

They should be WAY MORE worried about how WE would represent PC's image if we are left to our OWN RESOURCES!

At least you have a proven and classy track record! :thumbup:

Go home and have a bottle or three of wine tonight - you'll feel like crap tomorrow, but I guess you already feel that way - huh? Hugs!

Seriously! I need a drink! I have been in a crappy mood here at work all day... it's month-end and I have reports and such and I haven't been able to concentrate. I have taken this whole thing VERY PERSONALLY... it's like they told me I'm a bad person. I know it's just one person I spoke with and I'm still deciding on the best way to escalate it.... but still...

 

[babywings76]

So I asked for clarification and this is what I got back:

Joy,

Thank you for your response. Our recipes and their photos are considered Pampered Chef's intellectual property, along with any other photos we take, product descriptions, trademarks, logos, etc. We have to place limits on what intellectual property Consultants are allowed to use and where, to protect the value of these assets. If we allow Consultants to use these assets however they see fit, we will not be able to enforce our rights against those who misuse them, for instance those who sell on eBay.

We are asking you to remove all Pampered Chef related text and material

So... have I complied??

In regards to your website... YES! Now, if they issue you a warning about your newsletter service, well....we'll have to figure out what you can do.

 

[jrstephens]

[/I]

So... have I complied??

Who knows with them these days? They are so picky!

 

[pamperedlinda]

It really isn't any of her concern how much you decide to work or don't work your business. I'd be quite offended with her for that. I hope you get to talk to Barb soon.

 

[janetupnorth]

Joy - I would be sure to send an e-mail back saying that you have gotten everything removed as requested at X date. By the way, when was that letter sent? I find it interesting it is dated 1/31 for compliance, did someone screw up sending it? I'd be tempted to return the original and say, I'm sorry I cannot go back in time and comply with a date that has passed, can you please review the source of the complaint and see if any violation truly exists at this date and time?

 

[prepchef]

Where you going for drinks? I'll meet up with you!

 

[PampChefJoy]

You know, I just thought of something... you know how you can't give the logo file to someone like Vista Print or an embroidery company? Maybe they're saying YOU can't GIVE ME the logo or image to prepare a newsletter for you.... BUT I am still a consultant and have access to those files too... so YOU aren't giving them to me... NOR am I selling them to you because you have access to them already!??? I guess it boils down to what you consider "unauthorized usage" huh?

 

[prepchef]

I'd be tempted to return the original and say, I'm sorry I cannot go back in time and comply with a date that has passed, can you please review the source of the complaint and see if any violation truly exists at this date and time?

Loves it!!!! :sing:

 

[PampChefJoy]

By the way, when was that letter sent? I find it interesting it is dated 1/31 for compliance, did someone screw up sending it?

No, it was sent on the 26th. That tells you how often I check my PC email box!

 

[PampChefJoy]

It really isn't any of her concern how much you decide to work or don't work your business. I'd be quite offended with her for that. I hope you get to talk to Barb soon.

This really isn't her battle to get involved in, though... she's so busy and really, I suppose she'd rather have me selling than writing too, since I'm in her downline

Since she did mention Chef Success by name, though, as being "okay" to share flyers on, I do keep going back to the concept of a members-only login site... There are plenty of flyers here that have the logo and images on them, right?

 

[pamperedlinda]

This really isn't her battle to get involved in, though... she's so busy and really, I suppose she'd rather have me selling than writing too, since I'm in her downline

Since she did mention Chef Success by name, though, as being "okay" to share flyers on, I do keep going back to the concept of a members-only login site... There are plenty of flyers here that have the logo and images on them, right?

absolutely, and most of them aren't that great.

 

[prepchef]

So do you think Jean is the HO contact we should go after? She's VP of Sales, right? Or shall we take this directly to Marla? Their email addresses are firstname_lastname@pamperedchef.com

 

[prepchef]

Personally, this is what I think HO should do.

They should hire you as an employee to design their monthly consultant news letters!

Who's with me?!

 

[PampChefJoy]

Eeeek... I don't want to involve Jean or Marla or Doris or anyone! I just want to keep creating and writing and doing good things...

Okay, the "About" page has been disabled since I couldn't come up with something that sounded non-PC....

Do you think I can ditch the website and just leave up TTConnect? I know one other newsletter provider doesn't have a website at all... I am guessing she does it via email communication, but I don't have the time to be answering emails all day long....

 

[pamperedlinda]

Eeeek... I don't want to involve Jean or Marla or Doris or anyone! I just want to keep creating and writing and doing good things...

Okay, the "About" page has been disabled since I couldn't come up with something that sounded non-PC....

Do you think I can ditch the website and just leave up TTConnect? I know one other newsletter provider doesn't have a website at all... I am guessing she does it via email communication, but I don't have the time to be answering emails all day long....

If you are talking about 123....she doesn't answer her emails either

 

[PampChefJoy]

Personally, this is what I think HO should do.

They should hire you as an employee to design their monthly consultant news letters!

Who's with me?!

You know, I've always had this fantasy - yes it's crazy - that one day someone from home office would call and say "we can't officially endorse you but we thank you for all the sales you have helped with..." Obviously, this is quite the opposite...