U. Legal Notice And Translation/Explanation

Before proceeding, be sure to read and understand the Legal Notice found here:  https://stoptheamwaytoolscam.files.wordpress.com/2011/12/agreed3-1.pdf

Here’s the same agreement in text form, which will allow others who use other languages to interpret it:

CAUSE NO. 199-03090-2010 (here’s a link to the court documents: http://cijspub.co.collin.tx.us/CaseDetail.aspx?CaseID=613536)

AMWAY CORP., A Virginia Corporation

Plaintiff,

v.

SCOTT E. JOHNSON, a/k/a “TEX” and “TEX2”, An individual residing in Texas

Defendant.

IN THE DISTRICT COURT

199th JUDICIAL DISTRICT

COLLIN COUNTY, TEXAS

It is, accordingly, ORDERED, ADJUDGED AND DECREED as follows:

AGREED CONSENT DECREE AND FINAL JUDGMENT

On this day, Plaintiff, Amway Corp., and Defendant, Scott E. Johnson, appeared by and through their respective attorneys of record and announced to the Court that Plaintiff and Defendant have reached an agreement to enter a permanent injunction, Consent Decree and a Final Judgment in the above-referenced civil action. Plaintiff and Defendant waive their right to a jury trial, and waive their right to appeal this Agreed Consent Decree and Final Judgment. Plaintiff and Defendant agree and consent to the entry of the following permanent injunction and Final Judgment in the above-referenced civil action.

1. Plaintiff shall take nothing on Plaintiffs monetary and damage claims against Defendant, (including Plaintiffs claim for attorneys’ fees, court costs and pre-judgment interest); however, Plaintiff shall be awarded the permanent injunction described herein;

2. Defendant shall take nothing on Defendant’s claims against Plaintiff as contained in Defendant’s Counterclaim;

3. Plaintiff and Defendant shall take nothing against each other on any claim that was or could have been asserted in the above-referenced civil action through the date of this Final Judgment, except for the specific Judgment awards described herein and the permanent injunction against Defendant as contained in this Final Judgment as all other such claims and forms of relief are dismissed with prejudice;

4. Each party shall bear its own court costs and attorneys fees;

5. Defendant, SCOTT E. JOHNSON, a/k/a “TEX” and “TEX2”, and Defendant’s respective officers, managers, trustees, agents, servants, employees, confederates and all other persons in active concert or participation with them, are permanently restrained and enjoined from initiating or having any Communications-with any and all persons known or reasonably believed to be an Amway Independent Business Owner or IBO for any reason whatsoever except that Johnson may communicate with IBOs regarding non-Amway related matters. For purposes of this Section 5, “Communications” shall mean any and all types of direct or indirect verbal, written or electronic communication or messages, including, but not limited to, letters, written documents, fliers, hand-bills, e-mail, text messages, telecopy, fax, messages or communications sent through the Amway personal retail website or other IBO websites, Facebook posts, LinkedIn messaging, or any and all other communications or messages sent through any other type of social media;

6. Nothing contained in this Agreed Consent Decree and Final Judgment shall prevent Defendant, SCOTT E. JOHNSON a/k/a “TEX” and “TEX2,” and Defendant’s respective officers, managers, trustees, agents, servants, employees, confederates and all other persons in active concert or participation with them, from maintaining a blog or website, publishing a book, testifying in response to a lawful subpoena served in accordance with law, giving a radio interview, nor from posting messages on a social media website, page or message board unless Johnson reasonably knows or believes that the website, page or message board is owned or operated by Amway or an IBO, giving a television interview, or engaging in other communications that are directed to the public at large; however, Sections 7-11 of this Agreed Consent Decree and Final Judgment shall be complied with;

7. Defendant, SCOTT E. JOHNSON, a/k/a “TEX” and “TEX2”, and Defendant’s respective officers, managers, trustees, agents, servants, employees, confederates and all other persons in active concert or participation with them, are permanently restrained and enjoined from using profane or obscene language or images relative to or directed toward Amway, or any Amway owner, officer, employee, agent, attorney or IBO, or making any physical threats toward Amway or any Amway owner, officer, employee, agent, attorney or IBO;

8. Defendant, SCOTT E. JOHNSON, a/k/a “TEX” and “TEX2”, and Defendant’s respective officers, managers, trustees, agents, servants, employees, confederates and all other persons in active concert or participation with them, are permanently restrained and enjoined from blaming or associating Amway, or any Amway owner, officer, employee, agent, attorney or IBO with any death, illness, or accident;

9. Defendant, SCOTT E. JOHNSON, a/k/a “TEX” and “TEX2”, and Defendant’s respective officers, managers, trustees, agents, servants, employees, confederates and all other persons in active concert or participation with them, are permanently restrained and enjoined from misappropriating the name, identity or likeness of Amway, or any Amway owner, officer, employee, agent, attorney or IBO for any purpose, or otherwise violating the rights of privacy and publicity of any Amway owner, officer, employee, agent, attorney or IBO; however, this paragraph shall not preclude Defendant, SCOTT E. JOHNSON, a/k/a “TEX” and “TEX2”, and Defendant’s respective officers, managers, trustees, agents, servants, employees, confederates and all other persons in active concert or participation with them from using the name “Amway” in the text or title of a blog, website, book, article, or any other public communication providing such use does not infringe Amway’s trade mark rights;

10. Defendant, SCOTT E. JOHNSON, a/k/a “TEX” and “TEX2”, and Defendant’s respective officers, managers, trustees, agents, servants, employees, confederates and all other persons in active concert or participation with them, are permanently restrained and enjoined from stating or creating the impression that they are in any way currently affiliated with, currently associated with, or authorized to ever speak on behalf of or represents Amway, or any Amway owner, officer, employee, agent, attorney or IBO;

11. Defendant, SCOTT E. JOHNSON, a/k/a “TEX” and “TEX2”, and Defendant’s respective officers, managers, trustees, agents, servants, employees, confederates and all other persons in active concert or participation with them, are permanently restrained and enjoined from encouraging, aiding or abetting the conduct of any other person that would violate any of the restraints contained in paragraphs 5, 6, 7, 8, 9, or 10, above;

12. This Agreed Consent Decree and Final Judgment finally disposes of all claims and all parties;

13. This Agreed Consent Decree and Final Judgment is not appealable. All parties have consented and approved the entry of this Agreed Consent Decree and Final Judgment as to form and substance;

14. Execution shall issue for this Judgment;

15. This Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Agreed Consent Decree and Final Judgment and the permanent injunction contained herein;

16. The bond previously filed with the clerk and executed by Plaintiff in the sum of $ 1,000.00 payable to Defendant shall be released to Plaintiff, and the Clerk is instructed to deliver a check in the amount of $1,000.00 made payable to “Amway Corp.” to Plaintiffs attorney of record; and,

17. Nothing in this Agreed Consent Decree and Final Judgment shall require Defendant to modify or delete anything he has previously posted to a website, blog, or message board, unless Defendant owns the website, blog, or message board in question.

SIGNED AND ENTERED on this 9 day of December, 2011.

ROBERT T. DRY, JR. DISTRICT JUDGE 199th JUDICIAL DISTRICT COURT COLLIN COUNTY, TEXAS

APPROVED AS TO FORM AND SUBSTANCE

BY: Wm. Charles Bundren, Esq. Attorney-in-Charge

STATE BAR NO. 03343200

WM. CHARLES BUNDREN & ASSOCIATES LAW GROUP PLLC

2591 Dallas Parkway, Suite 300.

Frisco, TX 75034

Telephone: 972.624.5338

Fax: 972.624.5340

ATTORNEY FOR PLAINTIFF

BY: Robert J. Wood, Jr., Esq.

STATE BAR No. 00788712

FELL & WOOD, LLP

3021 E. Renner RD., Suite 140 Richardson, TX 75082

ATTORNEY FOR DEFENDANT

What does this agreement mean in plain English? Items 1-4 deal mainly with the fact Amway didn’t get paid one penny for suing me, including paying their own attorney costs. As the judge decided my counterclaim would have to go arbitration, I also didn’t get anything from Amway for my counterclaim. It is well known the Amway arbitration process is unconscionable and illusory for a variety of reasons, so I obviously won’t be pursuing that path for my counterclaim.

Items 12-17 handle other administrative matters, which leaves items 5-11, the real “meat” of the agreement. Note the items keep me focused on the problem that needs to be solved, the Amway Tool Scam, and ensure I keep a positive reputation, so they are ALL favorable to me and the cause of shutting down the Amway Tool Scam.

Also note this does not give me permission to do things that are clearly illegal, such as rob an LCK’s house, etc. However, I WILL cause much more damage to Amway financially than they could dream in their worst nightmare. Amway will rue the day they tried to sue me and utterly FAILED in their inept attempt to silence me, ESPECIALLY since this agreement protects me against another idiotic SLAPP lawsuit. All I have to do is “color inside the lines,” and Amway has legally and permanently agreed they cannot sue me.

The main thing I gave up was communicating with IBOs, which I was finding to be both time consuming and having limited results, which frees up my time to be more productive in getting the Amway Tool Scam shut down. The following is a summary of these items, and note all of these items are directed towards me and those who associate with me regarding Amway and the Amway Tool Scam, referred to as “we” below:

5 – We cannot communicate with IBOs or those reasonably believed to be IBOs, unless the communication is not associated with Amway. Note the listed communications are defined and confined as directed to Amway IBO owned and/or operated media, and item 6 further reinforces this as well. Note there is almost unlimited ability in communicating with non-IBOs who are associated with Amway, such as Amway employees, lawyers, etc., UNLESS it is a public forum owned/operated by Amway or an IBO, which is also described in item 6. By omission, we can communicate with non-IBOs in private without restrictions, including 6-11 below. Note however, any private communications that are not consistent with 6-11 must remain private.

6 – Within the limits listed in 7-11, we CAN communicate publicly, as long as the communications are directed towards the general public. This means we can communicate publicly ABOUT Amway and the Amway Tool Scam, including IBOs, as long as the communications are directed to the public at large AND the public forum is not owned/operated by Amway or an IBO. By the way, this entire public blog IS directed towards the public at large. In other words, if an IBO posts on this blog, they can be responded to, without violating the agreement.

7 – No cussing, obscene language or images, or physical threats against Amway or those associated with their tool scam.

8 – Can’t blame or associate Amway and those related to Amway to any death, illness, or accident. However, there is a LOT of ground not covered by these restrictions, such as these actual examples:

  • Amway being accused of “roughing up”and threatening former employees when they sided with the legal authorities in Canada,
  • An IBO raping a 12 year old girl while selling door to door in San Diego,
  • Rich DeVos’ son in law, who was fired from running the Orlando Magic because he made a fool of himself by calling the franchise basketball player (Dwight Howard) while drunk and was reportedly sleeping around on his wife Cheri, Rich DeVos’ daughter.

9 –  Can’t misappropriate the name, identity, or likeness, or violate the rights of privacy and publicity of Amway or those associated with Amway. However, this leaves a LOT of flexibility, as most of the people of public interest are also publicly visible, which severely limits their rights of privacy and publicity, AND the internet has provided a wealth of information regarding these dirtbags.

10 – Can’t state or create the impression we represent or are affiliated or are associated with Amway and their scam. This is probably the easiest one: Why would we want to be connected in any way to such an immoral and unethical operation in the first place?

11 – We can’t have others violate 5-10 in our place.

If you want to contact me directly to clarify any of the above, or for any other reason, see section “L.”

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12 thoughts on “U. Legal Notice And Translation/Explanation

    • I agree, you would think a multi-billion dollar/year company could have clamped down harder. The problem is they didn’t have the facts on their side, so they ended up with a VERY poor agreement from their perspective. Their loss is my gain. LOL

      Liked by 1 person

  1. Pingback: Textex's Amway Is The Trunk Of The MLM Tree, Let's Chop It Down Thread Gone Wild! - Page 28

  2. pretty interesting, and sorry to say, i am one of whom succeeded in it, without any complaints from my friends and people involved. I am sure the way many MLM people would do is illegal or close because of their overtalk. this is business, we are still earning from someone who will not earn from it and i introduce my business only to whom really understand this reality. people are still happy to use the good quality products anyway. I read it all and i wanted to say, business itself can be bad but the quality, for us is more important the business itself. sorry if you may have something to say, but i am just saying. Thank you ;D and i enjoyed reading it actually,
    God bless you.

    Rei

    Like

  3. Pingback: Amway Physical Attacks/Threats – allmlmfacts

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