This notice from Organo Gold informs Annetta Powell that she is in violation of her distributor agreement and company policies through content she has posted online criticizing Organo Gold as a scam. Specifically, she has a video and website claiming Organo Gold is a scam. The notice demands she immediately remove this content, provide a notarized letter agreeing to no longer engage in such violations, or her distributorship will be terminated and further legal action may be taken.
Organo Gold Notice of Non-Compliance for Policy Violations
1. ORGANO GOLD ENTERPRISES, INC.
www.organogold.com
150-6191 Westminster Hwy. Richmond, BC V7C 4V4 ∙ Toll Free # 1-877-674-2661 ∙ Fax # (604) -288 5488
October 4, 2012
NOTICE OF NON-COMPLIANCE
Mrs. Annetta Powell
43422 WEST OAKS DR286
NOVI, MI
48377
USA
Dear Mrs. Annetta Powell :
The Company’s Policies and Procedures constitute part of the Independent Distributor Agreement you
entered into with OrGano Gold. As an Independent Distributor, you are thus contractually obligated to
follow the spirit as well as the letter of said Policies and Procedures.
We write today to address violations related to use of trademark, advertising and representation as well as
other violations that may represent a breach of our contractual relationship.
We have become aware of the content you manage on the Internet:
http://www.youtube.com/watch?v=O6L1-pjzpvQ - containing the video Organo Gold Scam Review
http://www.annettapowellonline.com/organo-gold-scam
Your marketing strategy might be well intended however it is causing irreparable harm to the company.
The content is misleading and is easily interpreted as libel. This behavior is not only confusing for
members of your organization but also for new customers and potential distributors conducting research
on our company.
Our review of your case indicates that you are in non-compliance with the following policies and
procedures:
Distributors may not use, reproduce or disseminate the Company trade name, logo or any trademark or service
mark except those found in literature published and made available by the Company. This includes, but is not
limited to, using the term “Organo Gold” (or any derivative or confusingly similar variation thereof that may
confuse someone into believing that they are dealing with the Company), the corporate logo, and all marks or
slogans designating products or services offered by the Company. Section IX.B Advertising.
2. Distributors may only create their own websites independent of the websites available from the Company, provided
these have been previously approved in writing. Section IX.C Internet Advertising.
Distributors will not disparage, demean, or make negative remarks about the Company, its Distributors, products,
Compensation Plan, officers, directors, or employees Section IV. Distributor Obligations
Distributors may not charge any for-profit fee for any services, trainings, literature, materials, websites,
memberships, or other Company-related material. Section IX. Restrictions
All these examples constitute serious violations of our commercial relationship, potential breach of your
contractual obligations, and potential infringement of other laws. Please note that this letter does not
purport to be a complete statement of the law or facts, and is sent to you without prejudice to OrGano’s
legal and equitable rights, which are expressly reserved.
The purpose of this letter is to attempt to resolve these violations in an amicable and proactive manner.
Given the gravity of the situation and the irreparable harm being suffered by OrGano and its distributors,
we demand that you immediately cease all such activities and desist from engaging on them going
forward. Specifically, we request that you do the following:
1. Cancel and remove any content, from the website http://www.annettapowellonline.com or any
other internet-related pages managed by you currently bearing unauthorized content in violation
of our Policies and Procedures.
2. Provide a notarized letter of commitment stating that you will cease and desist from engaging in
these violations going forward. Your letter must include acknowledgment that a new offense will
lead to the termination of your distributorship status.
Your account will remain suspended until such time on which we receive a written response from you.
Said written response must include confirmation that aforementioned issues have been addressed,
accompanied by proof. You may send your response via email to compliance@organogold.com or fax
(604) 288-5489.
Should we not receive your response and the required proof thereof, OrGano may be forced to take
further administrative and legal action. We look forward to your timely reply.
Kind regards,
Compliance Department.
cc. Corporate Files
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