Common use of Use of Company Names and Protected Materials Clause in Contracts

Use of Company Names and Protected Materials. A. A Wellness Advisor must safeguard and promote the good reputation of the Company and the products and services it markets. The marketing and promotion of Magneceutical Health, the Magneceutical Health opportunity, the Compensation Plan, and Magneceutical Health products and services will be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct and practices. B. All promotional materials supplied or created by the Company must be used in their original form and cannot be changed, amended or altered except with prior written approval from the Company. C. The name of Magneceutical Health, each of its product and service names and other names that have been adopted by the Company in connection with its business are proprietary trade names, trademarks and service marks of Magneceutical Health. As such, these marks are of great value to the Company and are supplied to Wellness Advisors for their use only in an expressly authorized manner. D. A Wellness Advisor’s use of the name “Magneceutical Health” is restricted to protect the Company’s proprietary rights, ensuring that the Magneceutical Health protected names will not be lost or compromised by unauthorized use. Use of the Magneceutical Health name on any item not produced by the Company is prohibited except as follows: I. [Wellness Advisor’s name] Advisor of Magneceutical Health; or II. [Wellness Advisor’s name] Advisor of Magneceutical Health products and services. E. Further procedures relating to the use of the Magneceutical Health name are as follows: I. All stationary (i.e. letterhead, envelopes, and business cards) bearing the Magneceutical Health name or logo intended for use by the Wellness Advisor must be approved in writing by the Company ahead of time. II. Wellness Advisors may list “Magneceutical Health Independent Distributor” or “Wellness Advisor” in the white pages of the telephone directory under his or her own name. III. Wellness Advisors may not use the name “Magneceutical Health,” “Magneceutical Health, LLC,” or “Magneceutical Health Corporate” in answering his or her telephone, creating a voice message or using an answering service, such as to give the impression to the caller that they have reached the corporate office. They may state, “Wellness Advisor of Magneceutical Health.” F. Certain photos and graphic images used by the Company in its advertising, packaging, and websites are the result of paid contracts with outside vendors that do not extend to a Wellness Advisor. If a Wellness Advisor wants to use these photos or graphic images, they must negotiate individual contracts with the vendors for a fee. G. A Wellness Advisor shall not appear on or make use of television, radio or any other media to promote or discuss Magneceutical Health or its programs, products or services without prior written permission from the Company. H. A Wellness Advisor may not produce for sale or distribution any Company event or speech, nor may a Wellness Advisor reproduce Magneceutical Health audio or video clips for sale or for personal use without prior written permission from the Company. I. Magneceutical Health reserves the right to rescind its prior approval of any sales aid or promotional material to comply with changing laws and regulations and may request the removal from the marketplace of such materials without financial obligation to the affected Wellness Advisor. J. A Wellness Advisor shall not promote non-Company products or services in conjunction with Magneceutical Health products or services on the same websites or same advertisement without prior approval from the Company. Unless said website or advertisement relates to an Advisor’s professional services which are the primary source of revenue and the product sales are secondary (e.g., doctor’s offices, clinics, health clubs, spas). K. Claims (which include personal testimonials) as to therapeutic, curative or beneficial properties of any products offered by Magneceutical Health may not be made except those contained in official Company literature or as approved in writing by the Company Compliance Department. While Magneceutical Health products are wellness-oriented systems, as well as FDA registered medical devices, no Wellness Advisor may make any claim that Magneceutical Health products are useful in the cure, treatment, diagnosis, mitigation or prevention of any diseases. Such statements can be perceived as medical or drug claims. Not only do such claims violate the Company policies, but also they potentially violate federal and state laws and regulations, including the federal Food, Drug, and Cosmetic Act and Federal Trade Commission Act. A Wellness Advisor in violation of this section is subject to disciplinary action that may include termination.

Use of Company Names and Protected Materials. A. A Wellness Advisor must safeguard and promote the good reputation of the Company and the products and services it markets. The marketing and promotion of Magneceutical Health, the Magneceutical Health opportunity, the Compensation Plan, and Magneceutical Health products and services will be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct and practices. B. All promotional materials supplied or created by the Company must be used in their original form and cannot be changed, amended or altered except with prior written approval from the Company. C. The name of Magneceutical Health, each of its product and service names and other names that have been adopted by the Company in connection with its business are proprietary trade names, trademarks and service marks of Magneceutical Health. As such, these marks are of great value to the Company and are supplied to Wellness Advisors for their use only in an expressly authorized manner. D. A Wellness Advisor’s use of the name “Magneceutical Health” is restricted to protect the Company’s proprietary rights, ensuring that the Magneceutical Health protected names will not be lost or compromised by unauthorized use. Use of the Magneceutical Health name on any item not produced by the Company is prohibited except as follows: I. [Wellness Advisor’s name] Advisor of Magneceutical Health; or II. [Wellness Advisor’s name] Advisor of Magneceutical Health products and services. E. Further procedures relating to the use of the Magneceutical Health name are as follows: I. All stationary (i.e. letterhead, envelopes, and business cards) bearing the Magneceutical Health name or logo intended for use by the Wellness Advisor must be approved in writing by the Company ahead of time. II. Wellness Advisors may list “Magneceutical Health Independent Distributor” or “Wellness Advisor” in the white pages of the telephone directory under his or her own name. III. Wellness Advisors may not use the name “Magneceutical Health,” “Magneceutical Health, LLC,” or “Magneceutical Health Corporate” in answering his or her telephone, creating a voice message or using an answering service, such as to give the impression to the caller that they have reached the corporate office. They may state, “Wellness Advisor of Magneceutical Health.” F. Certain photos and graphic images used by the Company in its advertising, packaging, and websites are the result of paid contracts with outside vendors that do not extend to a Wellness Advisor. If a Wellness Advisor wants to use these photos or graphic images, they must negotiate individual contracts with the vendors for a fee. G. A Wellness Advisor shall not appear on or make use of television, radio or any other media to promote or discuss Magneceutical Health or its programs, products or services without prior written permission from the Company. H. A Wellness Advisor may not produce for sale or distribution any Company event or speech, nor may a Wellness Advisor reproduce Magneceutical Health audio or video clips for sale or for personal use without prior written permission from the Company. I. Magneceutical Health reserves the right to rescind its prior approval of any sales aid or promotional material to comply with changing laws and regulations and may request the removal from the marketplace of such materials without financial obligation to the affected Wellness Advisor. J. A Wellness Advisor shall not promote non-Company products or services in conjunction with Magneceutical Health products or services on the same websites or same advertisement without prior approval from the Company. Unless said website or advertisement relates to an Advisor’s professional services which are the primary source of revenue and the product sales are secondary (e.g., doctor’s offices, clinics, health clubs, spas). K. Claims X. Xxxxxx (which include personal testimonials) as to therapeutic, curative or beneficial properties of any products offered by Magneceutical Health may not be made except those contained in official Company literature or as approved in writing by the Company Compliance Department. While Magneceutical Health products are wellness-oriented systems, as well as FDA registered medical devices, no Wellness Advisor may make any claim that Magneceutical Health products are useful in the cure, treatment, diagnosis, mitigation or prevention of any diseases. Such statements can be perceived as medical or drug claims. Not only do such claims violate the Company policies, but also they potentially violate federal and state laws and regulations, including the federal Food, Drug, and Cosmetic Act and Federal Trade Commission Act. A Wellness Advisor in violation of this section is subject to disciplinary action that may include termination.