Purchase of the Steps does not entitle the purchaser to sell Steps on commission to other recruits. To become a QESD, he must enlist an existing ESD to sponsor his sales. Based upon findings of fact and rulings announced in a letter opinion, the trial court entered a final order enjoining Feelin' Great's marketing operation and assessing civil penalties, costs, and attorney's fees against the corporation and the individual respondents. The court expressly excluded the motivational course of instruction from the operation of the injunction. Feelin' Great did not raise the point for the benefit of the trial court, and we will not consider it for the first time on appeal.
Consideration is, in effect, the price bargained for and paid for a promise.
It may be in the form of a benefit to the party promising or a detriment to the party to whom the promise is made. It matters not to what extent the promisor is benefited or how little the promisee may give for the promise. A very slight advantage to the one party or a trifling inconvenience to the other is generally held sufficient to support the promise. Indeed, the money an individual QESD generates is only part of the benefit he confers upon Feelin' Great. Each new participant a QESD recruits in the motivational program is a potential ESD, and, potentially, every ESD will recruit new participants who, in turn, may become QESDs and, eventually, ESDs.