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2.12 Prohibition Against Income Claims & Earnings or Lifestyle Representations
To ensure full compliance with section 55 of the federal Competition Act (Section 55), Infinitus Canada strictly prohibits Distributors from making representations relating to compensation or life-style (hereafter “Earnings Representations”) under the Marketing Plan, whether to a prospective Distributor or otherwise. Without limiting the generality of this prohibition, and because Distributors do not have the data necessary to comply with the legal requirements for making Earnings Representations under Section 55, a Distributor, when presenting or discussing the Compensation Plan to a prospective Distributor, shall be strictly prohibited from, and shall not make or imply directly or indirectly, any verbal, physical, electronic or other claims that amount or could amount to Earnings Representations, and without limiting the generality of the foregoing, this prohibition shall include the making of income projections, improved lifestyle claims, hypothetical income examples or disclosures regarding a Distributor’s own business income (including the showing of cheques, copies of cheques, bank statements, tax records, or other similar demonstrative documents).
Furthermore, so that Infinitus Canada may meet its obligations under Section 55 to ensure that (a) no representations relating to compensation under the Compensation Plan are made by participants in the Compensation Plan and that (b) that any representations relating to compensation under the Compensation Plan that may be made, constitute or include fair, reasonable and timely disclosure of the information required by Section 55, any Distributors that has the reason to believe that this general prohibition against Earnings Representations is being contravened by themselves or any other person, SHALL HAVE THE POSITIVE OBLIGATION to inform, and SHALL INFORM Infinitus Canada of the facts relevant to the contravention, such that Infinitus Canada is capable of ensuring that any representations relating to compensation made under the Compensation Plan comply with the provisions of Section 55, or are otherwise corrected.
2.14 Unauthorized Product Claims
No claims (which include personal testimonials) as to therapeutic, curative or beneficial properties (“Health Claims”) of any products offered by Infinitus Canada may be made except those specific claims contained in official Infinitus Canada literature, and consistent with the current labelling and licensing, as applicable, of such product. Such claims may only be repeated or republished in exactly the same format as that published by Infinitus Canada and the claim must be republished in its totality. “Health Claims” includes any claim that Infinitus Canada products are useful in the cure, treatment, diagnosis, mitigation or prevention of any diseases, or that Infinitus Canada products are manufactured, sold or represented for use in (a) the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state or its symptoms in humans; (b) restoring or correcting organic functions in humans; or (c) modifying organic functions in humans, such as modifying those functions in a manner that maintains or promotes health. Such statements can be perceived (and may be) as medical, drug claims, or natural health product claims. Not only would Health Claims breach Infinitus Canada’s Policies and Procedures, but they could potentially violate federal and provincial laws and regulations, including the federal Food and Drugs Act, and or the terms of applicable product licenses.
Distributors may not make any other product claims or representations regarding Infinitus Canada products except those that are specifically contained in official Infinitus Canada’s literature or on the Infinitus Canada’s website. Such claims or representations may only be repeated or republished in exactly the same format as that published by Infinitus Canada and the claim must be republished in its totality. In particular, no Distributor may make any claim or representation (“Product Claims”) regarding the following: (1) the performance, efficacy or life of Infinitus Canada products or services; (2) the testing of Infinitus Canada products or services; (3) testimonials or endorsements of Infinitus Canada products or services; and (4) any matter that would be false or misleading in a material respect. Not only would such Product Claims breach Infinitus Canada Rules and Responsibilities, but they could potentially violate federal and provincial laws and regulations, including the federal Competition Act.
2.15 Direct Sales – Sales Order Form