; and (2) begins after the date of enactment of this section. (b) The pyramid promotional scheme described in this subsection is any plan or operation in which individuals give consideration for the right to receive compensation that is primarily based upon recruiting other individuals into such plan or operation rather than related to the— (1) sale of products or services to ultimate users; or (2) consumption by ultimate users. (c) It is not evidence of a pyramid promotional scheme described in subsection (b) if participants in the plan or operation give consideration for the right to receive compensation based upon purchases of products or services by participants for personal use, consumption, or resale, as long as the plan or operation— (1) does not require inventory loading; and (2) implements a bona fide inventory repurchase agreement. (d) For purposes of this section— (1) the term bona fide inventory repurchase agreement means a program by which a plan or operation— (A) promises to repurchase, on commercially reasonable terms, current and marketable inventory purchased and maintained by a participant for use, consumption, or resale, upon request at the termination of the participant’s business relationship with the plan or operation; and (B) clearly communicates such terms in its recruiting literature, sales manual, or contracts with participants, including the manner in which the repurchase is to be exercised and disclosure of any inventory not eligible for repurchase under the program; (2) the term commercially reasonable terms means, with respect to a repurchase of current and marketable inventory, a repurchase within 12 months from the date of purchase at not less than 90 percent of the original net cost to the participant, less appropriate set-offs and legal claims, if any