not apply to any owner, agent or employe of any radio or
television station, or to any owner, publisher, printer, agent
or employe of an Internet service provider or a newspaper or
other publication, periodical or circular, who, in good faith
and without knowledge of the falsity or deceptive character
thereof, publishes, causes to be published or takes part in the
publication of such advertisement.
(b) The provisions of this act may not be construed to
prohibit a plan or operation, or to define a plan or operation
as a Pyramid Promotional Scheme, if the participants in the plan
or operation give consideration in return for the right to
receive compensation based upon purchases of goods, services or
intangible property for personal use, consumption or resale if
the plan or operation does not cause inventory loading, and the
plan or operation implements a bona fide inventory repurchase
program.
(1) A person must clearly describe a bona fide inventory
repurchase program in its recruiting literature, sales manual or
contracts with independent salespersons. The recruiting
literature, sales manual or contract must disclose any inventory
that is not eligible for repurchase under the program.
(2) A bona fide inventory repurchase program is not required
to apply to inventory that is no longer within the inventory's
commercially reasonable use or shelf life period or has been
used or opened.
(c) Before a salesperson of the entity purchases any
inventory, the entity must clearly describe the inventory that
is excluded from the entity's bona fide inventory repurchase
program as seasonal, discontinued or special promotion products
and the inventory that is not subject to the entity's bona fide
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