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I. ADVERTISING, USE OF COMPANY NAMES AND PROTECTED MATERIALS
Advertising of American Longevity products is subject to the policies and regulations as outlined by the
above-mentioned company. It is required that for any product being sold, all advertisements, promotional
material, Internet, etc. by the distributor be reviewed and approved by American Longevity. Importantly,
American Longevity compasses both Australian Longevity and New Zealand Longevity. Therefore, all Australian
Longevity and New Zealand longevity advertising is also subject to the policies and regulations outlined by
American Longevity in this document.
American Longevity – Policy for Approval of advertisements. American Longevity will produce certain approved
texts for use in advertisements. These should be used to compile advertisements for distributor specific
material. If a distributor chooses to make any alterations or omissions they must submit their proposed
advertising material to American Longevity for approval.
Australian Advertising guidelines
In Australia , there are two categories for advertising :
"Above the line" – these include broadcast media, mainstream print, displays
in public places.
"Below the line" – everything else – flyers, pamphlets, direct mail catalogues
and the Internet.
Both of these types of advertisements are subject to specific regulations as determined by the product type. In
Australia , American Longevity products are sold as either listed Therapeutic Goods or foods. In New Zealand ,
until June 2004, American Longevity products may be sold as Foods to Dietary supplements. Therapeutic Goods are
regulated by the Therapeutic Goods Act 1989 and specifically by the Therapeutic Goods Advertising Code (TGAC).
Foods are regulated by the Food Standards Code, which applies to both Australia and New Zealand . Dietary
Supplements must comply with the Dietary Supplements regulations and come under the scrutiny of TAPPS in New
Zealand . Both Foods and Therapeutic Goods are also subject to the general requirement of the Trade Practices
Act.
The TGA Advertising Code
All advertisements to be published in mainstream media are subject to approval by the TGA. All claims associated
with a product must meet the general principles of the code and must be included as part of the registration or
listing of a product. The entire code can be found at www.tgacc.com.au. Outlined below are the general
principles of the code. Under Clause 4, advertisements adhere to the following guidelines :
Statements correct, balanced and able to be verified. That is, sufficient
evidence is required to support the claims.
Cannot arouse unwarranted or unrealistic expectations of products
effectiveness or mislead through emphasis, comparisons, contrasts or omissions.
Must not lead to self-diagnosis or inappropriate treatment of a serious
disease or lead the person to think they are suffering from a serious illness and that harmful consequences may
occur if the good is not used.
Not abuse the trust, lack of knowledge or contain language that may bring
about fear or distress or encourage inappropriate or excessive use. Australian Longevity Policies & Procedures
Must not contain any statement(s) that may lead the consumer to think the
product is effective in all cases of a condition or imply the product is infallible, unfailing, magical,
miraculous or a certain, guaranteed sure cure.
Must not imply the product is safe or that it cannot cause harm or has no side
effects.
There are also the minimum requirements that need to be adhered to in regards to the publication of
advertisements.
These are :
Trade name.
Approved indications (It is important to note that some ARTG indications
cannot be advertised to the public).
List of Ingredients unless other statements are made. Note for Internet
advertising a list of the ingredients is mandatory.
Always read the label and "Use only as directed" may be required.
"If symptoms persist, please see your doctor" may be required.
Because of these various restrictions and requirements it is important that a
nominated American Longevity representative ensures any advertising material produced by distributors is approved
and meets all the requirements.
The checklist included may be used as a guide to the advertising requirements
for therapeutic goods.
Advertising Complaints
The Complaints Resolution Panel (CRP) processes complaints in regard to therapeutic goods. The entire procedure
is detailed at www.tgacc.com.au/complaints.cfm , with a summary provided below.
Who may complain?
Any person or organization may complain about an advertisement or generic
information.
What information the complaint should contain
Complaints must be submitted in writing and must include a copy of the
advertisement.
Verifying the complaint as in order
The Secretary will confirm whether the advertisement falls within 26
Australian Longevity Policies & Procedures
Regulation 42ZCAB - i.e.
relates to designated therapeutic goods
has been inserted in specified media where the complaint does not meet the
requirements of Regulation 42ZCAB the complaint will be returned to the complainant (if known) and the
complainant informed that the Panel has no jurisdiction over the matter.
Providing the complaint to the respondent and inviting a response
At the same time, the Secretary will forward a copy of the complaint to the respondent. The respondent will be
invited to respond to the Panel, within five working days, stating whether or not the information supporting the
complaint is correct and whether the complaint is the subject of litigation. For complaints made by consumers,
where the complainant has not identified the relevant section of the Act, TGAC or Regulations at issue, the
Secretary, in providing the complaint to the respondent, may designate the relevant clause(s) that aspects of the
complaint have raised and request a response to the designated clauses from the respondent.
Information to be provided by the respondent
If the complaint is not the subject of litigation, in providing a response, the respondent should include :
A response to each alleged breach and;
Where appropriate, substantiation of specific claims with supporting data.
What is provided to the Panel members?
The Secretary will inform members of any facts or circumstances which might fall within Regulation 42ZCAF(2) i.e.
where :
(a) the complaint may be trivial, vexatious, misconceived or lacking in substance; or
(b) the subject matter of the complaint has been dealt with by the Panel or by another authority;
(c) the subject matter of the complaint can more effectively or conveniently be dealt with by another authority;
or
(d) both :
(i) the complainant does not intend to proceed with the complaint; and
(ii) on the basis of the complaint, there does not appear to have been a contravention of the Act,
the Regulations or the Code.
Preliminary issues
The Panel will then consider any issue under Regulation 42ZCAF(2) before determining the complaint.
Determining the complaint
The Panel will decide whether the complaint is justified upon the written
documents and submissions received. The Panel will permit no oral arguments or submissions.
The Panel may require the person apparently responsible or the sponsor to
produce evidence in support of a claim made in advertisement or in generic information that is the subject of a
complaint (Reg. 42ZCAE (2).
The Panel may inform itself on any matter, and consult such persons, as it
thinks fit (Reg. 42ZCAE (1).
The Panel may deal with a matter that is not mentioned in a complaint (even if
the complaint is withdrawn) if the Panel is satisfied that the advertisement or generic information to which the
complaint relates may contravene the Act, the Regulations or the Code in some other way. In doing so, the Panel
must comply with Reg. 42CAH.
Interim determination
The Panel may make an interim determination if it considers it appropriate to give a party a further opportunity
to make submissions or provide information.
Panel’s decision to be confirmed in writing
The Panel must confirm its decision in a written determination specifying the finding and the reasons for the
finding.
Requests by the Panel where complaint is justified
Where the Panel decides the complaint is justified and requests the respondent to withdraw or to publish a
retraction or both the Panel may request the respondent to give evidence of compliance with the request and
details of publication arrangements already in place that cannot be cancelled. Australian Longevity
Policies & Procedures
Failure to comply with a request of the Panel
Where the respondent fails to respond within 14 days of being requested by the Panel to withdraw or to publish a
retraction, the Panel may make a recommendation to the Secretary under Regulation 42ZCAI.
Making the final determination public
Once the final determination of the Panel has been communicated to the parties to the complaint, copies of the
final determination will be made available to the public by the Secretary on request and will be made available
on the website www.tgacc.com.au under "complaints".
Confidentiality obligations of Panel members
Panel members and the Panel Secretary must observe complete confidentiality in relation to all information
concerning the deliberations of the Panel.
I 1 No Associate shall produce, promote, or use copyrighted trademarked or service marked or proprietary
materials any kind describing the Company’s names, products, or logos if said materials are not obtained from or
approved by the Company in advance in writing, prior to their production or use. Associates shall not use or
appear on television, radio or other media to promote or discuss the Company or its programs without prior
written permission from the Company. All media inquiries shall be referred to the Company.
I 2 Associates may place classified ads in newspapers if they do not use Company names or trademarks.
I 3 Associate's use of the name "Australian Longevity" is restricted to protect the Company's proprietary
rights, ensuring that Company protected names will not be lost or compromised by unauthorized use. Only the
following formats may be used:
(Name)
Independent Associate for "Australian Longevity ® " Products
Other rules relating to the use of the Company name are as follows :
I 4 (a) All stationery (letterhead, envelopes, and business cards) bearing the Company name or logo must be
printed using the wording as indicated above.
(b) All promotional items such as clothing, personal use items, and any items of any other nature which bear the
Company’s name or logo must be purchased/sold only from the Company or its authorized distributors. The only
exceptions are imprinted gift items such as: pens, key chains, letter openers, buttons, and calendars. These
kinds of items must not include the Company’s symbol, but must be inscribed as follows :
Compliments of "Australian Longevity™"
(Name)
Independent Associate
(optional address and phone number)
(c) All Associates may list in the telephone directory under their own name, followed by the words "Independent
Associate of Australian Longevity"
(d) No Associate is allowed to place phone directory display ads using the Company’s name or logo.
(e) Use of the Company’s name or logo on buildings, vehicles, etc., must be approved in writing in advance by the
Company. Such usage must always carry the phrase "Australian Longevity, Independent Associate" immediately
following the Associate’s name. Such usage must be according to Company instructions and using Company formats
and / or materials. Items bearing the Company name(s) must be kept in visually attractive condition.
(f) An Associate may not refer to themselves as Australian Longevity alone when answering a telephone. The
Associate’s name must be given. Always refer to yourself or your business es & Procedures as an "Independent
Australian Longevity Associate"
(g) It is not permitted for anyone to possess a business name or bank account using the name Australian
Longevity.
I 5 Violators of any of these Policies and Procedures relating to advertising, Company name(s)
and symbol(s) may be required by the Company, at the Company’s option, to correct the violations in whatever
manner the Company deems necessary. Correction measures are not limited to, but may include disconnecting
phone numbers without a referral, removing signs, canceling advertising, and destroying noncompliant literature.
Associate authorization may also be terminated, and offending Associates will be liable for any damages sustained
by the Company, as well as any other penalties imposed through legal action.
J. JUDICIAL PROCEDURES
J 1 Most violations of the Policies and Procedures occur through lack of awareness or
understanding on the part of the violating Associate. Associates observing a Policy violation should immediately
point out the violation directly to the violating Associate.
J 2 Associates who observe continued violations by another Associate following the personal
contact outlined in J1, should report the violation in writing to the Company. Details such as dates, number of
occurrences, and evidence, along with any supporting testimony, should be included in the report.
J 3 Any violation, large or small, of the Advertising, Use of Company Name(s), and other Section
I Policies must be referred directly to the Company for resolution.
J 4 The Company will address all violations according to set procedures including using
Associate network input and giving the accused Associate adequate opportunity to respond to any violation
charged.
J 5 It is the obligation of every Associate to maintain the integrity of the Policies and
Procedures to ensure fairness and equal Compensation Plan opportunities to all Associates.
Australian Longevity Policies & Procedures
J 6 Failure of the Company to enforce any of these Policies and Procedures with one Associate
does not waive the right of the Company to enforce any such provision(s) against that same Associate or any other
Associate.
J 7 The original of a document faxed to the Company must be received by the Company before it is
considered "received" by the Company.
J 8 To the fullest extent permitted by law, Australian Longevity shall not be liable for and
Associate releases the Company from and waives all claims for any loss of profits, indirect, direct, special
or consequential damages or any other loss incurred or suffered by Associate as a result of :
(a) the breach by Associate of the Agreement and/or the terms and conditions of the Policies and Procedures,
(b) the operation of Associate’s business,
(c) any incorrect or wrong data or information provided by Associate, or
(d) the failure to provide any information or data necessary for the Company to operate its business, including
without limitation, the enrollment and acceptance of Associate into the Compensation Plan or the payment of
commissions and bonuses.
J 9 In the event of a dispute with the Company, Associate and the Company agree to submit it to
binding arbitration pursuant to the Commercial Arbitration Rules then in effect of the Australian Arbitration
Association, provided, however, that injunctive relief sought by the Company against any party shall be excluded
from this clause. Such Arbitration shall occur in Castle Hill, Sydney , Australia .
J10 ASSOCIATE WEB SITE POLICY
This amendment to the Australian Longevity Policy & Procedures refers to the creation and use of Internet web
sites created by Australian Longevity Associates for the purpose of promoting themselves as an Australian
Longevity Associate and the Australian Longevity products or Dr. Joel Wallach. A web site is defined as any use
of a computer and the Internet and the World Wide Web to display comment on or otherwise transmit information in
graphic, text or audio form.
As with any advertisement or promotion the Policies and Procedures of Australian Longevity prevail and should be
followed in addition to the following amendment.
1.) The name Australian Longevity is a registered trademark of Wellness Lifestyles, Inc. a
California Corporation. The name Australian Longevity in its entirety, in part or hyphenated may not be used in
any commissions and bonuses.
domain name, URL or email address*.
2.) The name Dr. Joel Wallach is part of the intellectual property of Dr. Joel Wallach and may
not be used in its entirety, in part or hyphenated may not be used in any domain name, URL or email address*.
3.) All logos, slogans and trademarks of Australian Longevity are the sole property of
Australian Longevity and Wellness Lifestyles, a California corporation and may be used with written permission
only. Permission to use Australian Longevity logos, slogans and trademarks may be revoked without notice or
reason and solely at the discretion of Australian Longevity.
4.) All use of Australian Longevity logos, slogans and trademarks must state permissions given
on the front, index, home or main page "page" of any web site.
5.) All Australian Longevity logos, slogans and trademarks must be used in their respective
entirety. All colors in any Australian Longevity logo or trademark must be reproduced accurately. No partial
logos or "artistic license" may be used.
6.) Australian Longevity logos, slogans and trademarks in graphic form may not be sold or traded
by any persons.
7.) The name and Associate and trademarks may be revoked without notice or reason and solely
at the discretion of Australian Longevity.
8.) No Associate of Australian Longevity may state or imply that their web site is official,
sanctioned, authorized or licensed by Australian Longevity or Dr. Joel Wallach. Only the Australian Longevity
corporate web site located at www.Australian-Longevity.net may be considered an Australian Longevity official
web site. Only subscribers to the Australian Longevity Quick Web program may be considered to be licensed and
will be stated as such in an approved method.
9.) Any and all sources of content and permissions for use of an Australian Longevity
Associate's web site must be documented and stated on the web site. This includes but is not limited to the use
of graphics, quotes and excerpts.
10.) Written approval for all quotes or excerpts from Dr. Wallach's lectures, books, radio
shows, audio or visual productions must be stated and documented.
Note: Copyrights from holding copyrights of this type are not obligated to grant permission
forvarious radio shows, audio and visual productions may be held by persons or entities other than Australian
Longevity. People or entities use of these materials.
11.) The signature of Dr. Joel Wallach is not allowed to be used on any web site.
12.) No Associate of Australian Longevity may make any claims of income or income potential by
becoming an Australian Longevity Associate.
13.) No Associate of Australian Longevity may make any claims of health benefits or betterment
by consuming or applying Australian Longevity products.
14.) Only the Associate's personal testimonial about the benefits or results stemming from the
use of Australian Longevity products may be used in an Associate's web site. An Associate's web site must not
contain the testimonials of others in the content of their web site.
15.) No banners or other methods of advertisement may be used or included in the content of any
Australian Longevity Associate's web site.
16.) No hyperlinks to other web sites promoting competing products may be used on any
Australian Longevity Associate's web site.
17.) No products other than Australian Longevity products may be mentioned or sold on any
Australian Longevity Associate's web site. This includes but is not limited product comparisons.
18.) Any use of the internet to promote the Australian Longevity compensation plan
internationally is prohibited until such time as Australian Longevity authorizes promotion of the compensation
plan designed and approved for a particular country.
19.) Associates using a web site for order fulfillment must transact business using a secure
server to protect the personal information of the customer. Email orders are not to be encouraged or accepted for
transacting Australian Longevity business.
20.) Each individual Australian Longevity Associate is responsible for abiding by all local,
state and federal laws concerning all aspects of using the Internet to promote or sell Australian Longevity
products and business opportunities.
21.) Australian Longevity reserves the right to edit content of and require immediate
modifications to any Associate's web site at the sole discretion of Australian Longevity.
22.) Electronic mail (email) advertising is subject to Australian Longevity Policies and
Procedures and as such must be submitted and approved or domain name only are granted permission to continue to
operate as long as all other policies are followed. The Email addresses are still subject to the policy. Web
sites granted this permissions must contain a hyperlink to the www.Australian-Longevity.net corporate web site on
the front, index or main "page" and should be labeled as the "Australian Longevity Corporate web site may be
found here."
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