| 1. |
Why become a TLC-Retailer?
Simply-put: With TLC-Programs you have a proven world-leading program (solution) to the world-wide Obesity and Lifestyle Epidemics that the World Health Organisation (WHO) now calls "Globesity!" Growing markets, a real solution, a simple business that has a proven track-record. But, as with any business, you must have the right attitude and be prepared to apply yourself and your resources to operate as a successful TLC-Retailer. Very low start-up costs, including no license fees and typical franchise costs, and low operational costs already give any TLC-Retailer a great start! For a guideline: Some benchmarks / examples for TLC-Retailers in equivalent local currencies (given our industry knowledge/past experiences and dependent on many factors such as: local markets/ demographics/ resources applied etc.) are monthly rewards ranging (on average) from:
1) In Europe: EUR1 000 - EUR100 000+ monthly profit
2) In USA and elsewhere: USD5 000-USD75 000+ monthly profit
3) Southern Africa: ZAR 10 000-ZAR 200 000+ monthly profit
The bottom-line…what you put in…you get in return with high profits (ROI).
Your Clients and You…will be delighted!
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| 2. |
General Comments
This is really a simple and very rewarding business to be a part of...once the initial processes are done, the opportunities for rewards (in all respects) start very soon. Science...Quality...Professionalism...Holistic Health...Worldwide success over 24 years...Excellent, Rapid, Safe and Precise Client Results (with over 350 conditions) ... Excellent Client care...Growing Markets...Backed by Research...Ongoing Support, Training and Innovations...are the Hallmarks of our TLC-Business, Programs, Products and Services. When you become a TLC-Retailer you become part of a very select team world-wide.
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| 3. |
The reason for these Terms and Conditions.
TLC-International does not require a written contract to be entered into and does not charge any up-front entry/license fees to become a TLC-Retailer but, like any business, certain rules and obligations do exist...these are what we call our Terms and Conditions for TLC-Retailers (which are not negotiable and must be complied with at all times).
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| 4. |
Practical Business Details.
After over 24 years in this industry, we know that some local circumstances may need unique solutions while (as with any organisation) some essential and common rules do/must apply to all. Besides these Terms and Conditions, it is quite reasonable that more detailed aspects (Training, Planning, Marketing, Pricing etc.) for your specific local conditions/needs will need to be indicated/discussed and agreed to between TLC-International (the Supplier) and yourself (the TLC-Retailer). The reason for this is for TLC-International to be able help you to design and develop the best possible Business Plan, Promotion, Marketing, Sales and Client care/service, Training, Support and Processes for your local needs/circumstances. The outcome should be the best: quality, support and role clarity for effective and efficient results for all.
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| 5. |
Success.
TLC-International seeks: Successful, productive and positive relationships with its TLC-Retailers.
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| 6. |
The Process.
This can all happen quite quickly (in as little as 2 weeks)...depending on how quickly you process what is required. Once you have 1) Completed and sent your (internet) Application Form and 2) By doing so, agreed to the Terms Conditions (a specific question on the Application Form)...the real process starts: This includes:
1. Receiving an e-mail (from TLC-International New Business {Retail} Division) confirming approval your Application/TLC-Retailer Status.
2. Receiving an e-mail (from TLC-International Marketing Division) indicating details about a special TLC-Retailer Starter Pack and your Basic Training.
3. Once this is all fully done/processed, further e-mails allocating your Authorised Retailer {AR} Number and TLC-System Access will be sent by TLC-International (Marketing, Admin and Diagnostics Divisions).
4. You set-up/start Promoting/Marketing/Selling TLC-Programs etc!
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| 7. |
Clause A 1: Understand and accept that the Supplier shall, at all times and in all events, reserve the right to appoint/ not appoint a TLC-Retailer, at its sole discretion.
Self-explanatory. TLC-International has strict standards and we must reserve the right to select and appoint suitable and excellent TLC-Retailers. We receive hundreds of applications each year and only appoint the very best candidates as TLC-Retailers. These range from existing business owners...to home-based owners...to doctors...to business professionals...to 2nd income earners...to psychologists...to health and beauty salons...to pharmacists etc...all types...as long as they have the correct Clients service and business attitudes.
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| 8. |
Clause A 2: Understand and accept that all TLC-Retailers are required by the Supplier to comply fully, at all times, with all due diligence, reasonable and proper conduct, to these Terms and Conditions, to be a TLC-Retailer.
Self-explanatory. Any business requires basic rules and reasonable, proper and fair conduct by all involved. These basic rules are the secret to success and great rewards for all involved.
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| 9. |
Clause A 3:
Understand and accept that a unique Authorised Retailer {AR} Number is issued exclusively by the Supplier to each TLC-Retailer.
Self-explanatory. Only TLC-International can issue this unique Authorised Retailer {AR} Number (which, besides and e-mail that gives this unique number, is also sent {as part of the TLC-Starter Pack} on a very professional, gold-embossed certificate for use/display).
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| 10. |
Clause A 4:
Understand and accept that an Authorised Retailer {AR} Number enables the only legal authority/ method/process/facilities/ access for the TLC-Retailer to be able to conduct any TLC-Retail Business including: The Promotion, Marketing, Selling of TLC-Programs/ Products and related Service to Clients.
To operate and be a TLC-Retailer, an AR Number is essential, without it no TLC-Business can be conducted.
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| 11. |
Clause A 5:
Agree that a TLC-Retailer is not an employee of the Supplier but, an independent business/ self-employed individual.
Self-explanatory. Since, our founding in 1987, we have had successful business relationships with independent owners/business people. We are not a franchise organisation (although it must be said that our support systems {including training, unique systems, marketing processes and materials, websites, Client care systems} for TLC-Retailers…do give invaluable benefits to all). On average, TLC-Retailers have in excess of 150 professionals/systems supporting their daily efforts and providing expertise (backing/behind them).
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| 12. |
Clause A 6:
Agree and accept that further details (including such matters as: Business Planning, Training, Pricing, Marketing, Support, System Access and Materials) to operate as a successful TLC-Retailer will be promptly indicated/ discussed/agreed to between the TLC-Retailer and the Supplier.
Once again, after over 24 years in this industry, we know that some local circumstances may need unique solutions while (as with any organisation) some essential and common rules do/must apply to all. Any detailed local needs/plans/actions will be dealt with promptly (with the objective of no more than 30 days but, often it can be done in as little as a few days/a week).
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| 13. |
Clause A 7:
If applicable, comply with the defined geographical area and/or, business premises for business operations, as agreed to in any/all further discussions between the TLC-Retailer and Supplier.
In some cases, other TLC-Retailers will exist or be nearby your location. If applicable, it is important to know and agree on what area you have to operate in so everyone (all TLC-Retailers) can be "good neighbors" and support and not undermine/upset each other. This will be specified (in writing) when further details are discussed with you.
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| 14. |
Clause A 8:
Understand and accept that, in the event of the TLC-Retailer and Supplier not reaching an agreement on any additional operational details, plans and actions, this application, at the discretion of either Party, will rendered void/cancelled, or if already appointed, end TLC-Retailer status as per these Terms and Conditions.
Self-explanatory. If agreement cannot be reached on the details of operations, both parties (the TLC-Retailer and/or the Supplier) have the right to not go ahead with any business together. In all instances this must take place reasonably and in terms of these Terms and Conditions for TLC-Retailers.
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Clause A 9:
Understand and accept that all/any further details must at all times be formalised and reduced to writing by the TLC-Retailer and Supplier to ensure clarity, proper process and a full understanding for mutual business success.
As above. These details must be "sorted out" and finally communicated/confirmed in writing (e-mails) so everyone knows exactly what is expected/agreed/to be done etc. Obviously, these may change over time as new needs/circumstances arise and must simply be updated accordingly.
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| 16. |
Clause A 10:
Agree that any/all other further details and agreements, may not in any shape, manner or form, undermine or contradict these Terms and Conditions for TLC-Retailers, and that the prevailing Terms and Conditions shall apply.
Self-explanatory. These are the basic rules for all in the business.
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| 17. |
Clause A 11:
Agree to only start business activities as a TLC-Retailer when a TLC-Starter Pack has been issued, an Authorised Retailer {AR} Number is allocated, and Basic TLC-Training has been completed.
As with "The Process" discussed above, we want your success as soon as possible. For you to start properly and effectively...certain key steps such as your basic training/marketing (TLC-Starter Pack) materials/AR Number are required. All will be communicated to you directly and promptly. We intend to help you to get going as quickly as possible, but always ensuring proper quality. This must take place within no more than 3 (three) months but, can be in as little as 1 (one) week (depending on how quickly you process/do what is required and experience/skill/your business etc.). Full TLC-System access (and training) with a unique PUN-Personal Unique Number will also be granted to yourself for our unique "TLC-DADS" (Diagnostics and Admin Data System) by TLC-Diagnostics and Admin Division at this time.
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Clause A 12:
Agree that in all circumstances, all Standard TLC-Program / Product / Service Treatment Terms and Conditions, relating to Clients, must be complied with.
There are many support systems and procedures that are intended to help and ensure success for all...these (Standard TLC-Program Treatment Terms and Conditions etc.) must be complied with...they protect you, the Client and TLC from any harm...remember, this is a medical business dealing with helping people rapidly, safely, precisely and effectively optimise their Wellbeing and Health. Every Client has to complete a specific "Treatment Application Form" which also requires that they agree to specific "TLC-Program Treatment Terms and Conditions." These will be sent to you as part of the TLC-Starter Pack.
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| 19. |
Clause A 13:
Not make any representations or, give any warranty in respect of TLC-Programs/ Products, other than those specified in the Standard TLC-Program Treatment Terms and Conditions/ documentation.
As above, our TLC-Programs are proven to be highly effective with over 350 conditions (with many thousands of successful Clients) and backed by our research (TLC-Research [2010] conducted over "10 years with 10 000 Patients")...but they (like any medical regime/medicine) are not a "cure-all" for everything. Our TLC-Programs therefore also have what we call our Standard TLC-Program Treatment Terms and Conditions that each Client must be made aware of and has to agree to. This protects and ensures the success of TLC-Retailers, the Client and TLC-International. These will be provided to you. The message is: "Don't make promises to Clients that are impossible to keep…say what, we say and specify!"
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| 20. |
Clause A 14:
Agree to purchase, process and maintain all specified, approved and essential TLC-Materials and Processes to ensure optimal business operations.
All TLC-Retailers are required to purchase/obtain basic Promotion, Marketing, Selling and Client care materials etc. Besides being very professional and of high quality, these are in most cases inexpensive and very cost-effective. The requirements and specifications will be directly sent to and discussed with you (as part of the TLC-Starter Pack) by the TLC-International Marketing Division. A special "TLC-Online Shop" for TLC-Retailers and Clients can be found on our Websites.
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| 21. |
Clause A 15:
Commit to diligently completing all specified ongoing TLC-Retailer Training.
Training is important for success. We provide both the initial basic training and then much ongoing training via our Websites such as TLC-CollegeCampus.com (which is virtual but, in some instances, also face-face). Special, high quality TLC-Training Certificates of Competency are issued.
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| 22. |
Clause A 16:
Convey TLC-Programs and TLC-Products to Clients in the identical content, packaging and manner received from the Supplier and shall not alter or, copy in any shape, manner or form, the content or image of TLC-Programs or TLC-Products, including with/when co-branding.
Self-explanatory. As with any product/program in any business like ours, we have invested many millions over many years to develop and own our unique, world-leading processes and products. We ensure, at all times, that these rights/investments are protected and used properly. Do not change (in any way) the format/content/ manner/image etc. in which you receive TLC-Programs and/or Products. Any such instance would be regarded as most serious (legally and medically) and a reason for withdrawal of TLC-Retailer status. If in any doubt, always ask and get written clarification/approval.
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| 23. |
Clause A 17:
Be entitled to Market, Sell and Service Clients with allied / related / competing products and services but, in all instances, promptly disclose to and notify the Supplier (in writing) for the Supplier's own input/approval and records.
TLC-International understands that many of its TLC-Retailers own existing businesses, or would like to retail "other" things. We and have every confidence that its TLC-Programs and Products are of the highest quality and can compete with so-called "similar programs" or, be highly supportive to allied products/services. All we require is that this is promptly communicated to/with the TLC-International New Business (Retail) Division and, stipulated in writing (for our records/input/approval). This includes any matters relating to co-branding with TLC. Our view, particularly with allied products/services is that it will contribute to greater business success and Client care/results.
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| 24. |
Clause A 18:
Be entitled to operate an existing/new website in support of TLC-Program / Product Marketing, Promotion, Sales and Client care but, in all instances, comply with the Supplier's Website and Internet Policies.
The world has gone "virtual" with the Internet and TLC-International owns, operates links to, and supports many websites (at last count over 100), so we encourage this and have support/guidance much to offer. It also does clarify and specify matters with "TLC-Website and Internet Policy" documents. TLC-International Marketing Division will contact you directly in this regard.
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Clause A 19:
If applicable, be entitled to create/ operate/enhance an existing/new own business name, branding, co-branding and image but, which shall promptly be disclosed and communicated, with all required details to the Supplier for its own input/approval and records.
As said above, TLC-International understands that many of its TLC-Retailers own existing businesses, or would like to retail "other" things. TLC-International is not a franchise organisation, we are a Supplier of unique TLC-Programs/Products to independent TLC-Retailers. While some TLC-Retailers may choose to have/use the TLC-Business Name and Branding, we also allow and encourage TLC-Retailers to have their own Business Names and Branding. The TLC-International New Business (Retail) Division will discuss and specify all matters relating to this directly with you. Remember, all such matters must be confirmed in writing.
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| 26. |
Clause A 20:
Acknowledge and in no instance, infringe upon the Supplier's Intellectual Property Rights relating to its methods, systems, processes, materials, programs, techniques, know-how, data, records, logos, branding and image.
Self-explanatory and as above. As with any product/program in any business like ours, we have invested many millions over many years to develop and own our unique, world-leading processes and products. We ensure, at all times, that these rights/investments are protected and used properly.
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Clause A 21:
Not use/abuse or employ any of the Supplier's Intellectual Property, including any materials and processes, to enhance or support competing products/services, without the Supplier’s prior, written permission.
Self-explanatory. As with Clauses above, we will not accept any infringement or, misuse of our Intellectual Property. It is most important that our TLC-Materials and Processes are never misused with/in support of other competing/allied products. If in any doubt, ask and get authority/approval (in writing).
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Clause A 22:
Ensure full and applicable compliance, including by all Staff, Agents, Contractors and Service Providers, of these Terms and Conditions, and all relevant local legislation including Client confidentiality and privacy, non-disclosure, consumer rights, data protection and medico-wellbeing/health professional codes and practices.
Self explanatory. In today's world most countries have very strict laws about data, privacy and confidentiality...especially with personal and medical data/information. These must always be complied with. If in any doubt, always contact: The MD, Partner and Founder: TLC-International.
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| 29. |
Clause A 23:
Conduct their business in a manner which will not, in any way, shape, manner or form, harm the Supplier's business, business reputation, good name, image and professional integrity.
Self-explanatory. Do things properly and professionally.
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| 30. |
Clause A 24:
Indemnify the Supplier against any 3rd Party claims for any of its negligent acts, defaults or, misrepresentations of itself, its Agents, Employees or Representatives, Consultants, Service Providers and Contractors.
Obviously, although this has never occurred since our founding in 1987, TLC-International cannot (reasonably) be held liable or responsible for acts of negligence/debts/misconduct etc. that it has nothing to do with. The message is: Do what we prescribe and give guidance on...and this risk/event will not occur.
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| 31. |
Clause A 25:
Agree to Promote, Market, and Sell TLC-Programs/Products according to Recommended Pricing Ranges as per the Annual TLC-Pricing Schedules.
Self explanatory. The TLC-International Marketing Division will discuss and specify all matters relating to this directly with you and send the Annual TLC-Pricing Schedules to you. These provide precise details on all Pricing (including our Product/Service Pricing Fees to you and Recommended Pricing Ranges you would charge to Clients). Annual TLC-Pricing Schedules for the next year are always communicated by 30th of October of each year.
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| 32. |
Clause A 26:
Agree to pay a nominal Annual TLC-Retailer {AR} Fee due by the 30th March of each year, as indicated in the Annual TLC-Pricing Schedules.
TLC-International (unlike most other businesses) does not require any initial (and high) license fee for the benefits and use of its extensive Intellectual Property. To recover some of its considerable investments over many years it does require that nominal Annual Authorised TLC-Retailer {AR} Fee is due/paid by each TLC-Retailer by the 30th of March of each year. This is not a large amount and calculated, at the Supplier’s discretion, at/to the value of approximately twice the amount of the prevailing TLC-Program Retail Price charged to Clients for a TLC-Program (in a defined local area). It also serves to renew your AR Number. The exact amount is always specified in Annual Pricing Schedules. Prompt payment of this must occur.
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| 33. |
Clause A 27:
Make full and prompt payment at all times to the Supplier, as per TLC-Invoice and related payment instructions.
Self explanatory. You pay promptly (when/as invoiced) for the TLC-Programs, Products, Services and Materials you get.
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| 34. |
Clause A 28:
Not assign/transfer these TLC-Retailer obligations and rights to any 3rd Party under any circumstances.
Self explanatory. You are directly appointed as an Authorised TLC-Retailer, these obligations and rights cannot be re-assigned or, transferred under any circumstances without the prior, direct and written approval of TLC-International.
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| 35. |
Clause A 29:
Agree that 1 (one) month’s written notice is required by the TLC-Retailer to the Supplier of the intention to halt/cease operations as a TLC-Retailer.
Self explanatory. You always have the right to stop being a TLC-Retailer but, must do so in a proper and reasonable manner.
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| 36. |
Clause A 30:
Agree, in any event of alienation/ termination, to comply diligently with all stipulations by the Supplier in terms of Clients/Payments/Materials/Intellectual Property, as indicated at the time by the Supplier.
Self explanatory. Although this type of situation is rare and undesirable. As with any end to any business relationship, things must always be done fairly, legally and properly.
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| 37. |
Clause A 31:
Agree that all Terms and Conditions are governed by the Laws of the Republic of South Africa, but final jurisdiction shall always, in all events and instances, be at the Supplier’s final discretion.
Self explanatory. Although we have TLC-Retailers all over the world, we have to have applicable law which applies/has jurisdiction...which, in this case is very good in all respects (applicable to law/similar in most countries). TLC-International will always apply its own discretion in this regard.
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| 38. |
Clause A 32:
Agree that the Supplier has, with all due diligence, communicated and disclosed all necessary and relevant information.
TLC-International wants you, as a TLC-Retailer, to be sure that you have a full understanding of what a TLC-Retailer does, what is required and what our unique, world-leading TLC-Programs/Products and Services achieve. Our websites (including www.tlcforwellbeing.com) contain all the information required and any additional information will be sent/discussed directly to you.
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| 39. |
Clause A 33:
Agree that no relaxation or indulgences which the Supplier may show to the TLC-Retailer, shall in any way waive or, prejudice the Supplier's rights.
Self explanatory. We, as stated, want a mutually productive and rewarding relationship.
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| 40. |
Clause B 1:
At all times, fulfill its specified obligations to the TLC-Retailer, including application of these Terms and Conditions, with all due diligence, proper, reasonable and fair conduct.
Self explanatory. We, as stated, want a mutually productive and rewarding relationship.
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| 41. |
Clause B 2:
Undertake to provide all specified support and assistance to the TLC-Retailer to facilitate Promotion, Marketing and Sales of TLC-Programs/Products/ Services, and required/applicable levels of Client care.
Self explanatory. Our Training, Systems and Processes enable and provide every opportunity for TLC-Retailers, in addition to their own energy, commitment and investment, to achieve excellent business results.
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| 42. |
Clause B 3:
Maintain and/or, appropriately and diligently enhance, innovate and upgrade all TLC-Intellectual Property including all programs, products, procedures, systems, facilities, techniques and processes.
Self explanatory. TLC-International commits itself to ongoing innovation and high quality support to/for its TLC-Retailers (and has done so for over 24 years).
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| 43. |
Clause B 4:
Promptly communicate and/or, provide applicable training to TLC-Retailers, via TLC-Newsletters and other mechanisms, for any interpretations, changes and/or, upgrades to products/procedures/systems /facilities/processes.
Self explanatory. With innovation, comes the need for excellent communication and ongoing training.
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| 44. |
Clause B 5:
In terms of all specified Terms and Conditions/processes and upon receipt of the required TLC-Client diagnostic data and information from the TLC-Retailer, develop, produce and deliver the TLC-Program(s) electronically, to a specified e-mail address or addresses, of/to the TLC-Retailer within 3 (three) to 7 (seven) work days which are to be defined as week days, Monday to Friday inclusive but, excluding all international public holidays.
Self explanatory. TLC-International commits itself to clear service/time levels to TLC-Retailers. It is important to note that all business (TLC-Divisions) typically "shut down" annually between approximately the 15th of December and 5th of January each year (actual dates are always confirmed in advance by the 1st of November of each year). TLC-Retailers may elect to continue to do business, at their sole discretion, but must take note of this. Also, a TLC-Retailer must at all times notify, in writing, TLC-International in advance of any temporary business closure.
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| 45. |
Clause B 6:
Reserve the right to withdraw the Authorised TLC-Retailer {AR} Number in the event of misconduct/infringement of these Terms and Conditions by the TLC-Retailer, and who in this event, shall have no claims against the Supplier.
Self explanatory. Although this is a rare and undesirable event, TLC-International has to also have the right to cancel TLC-Retailer Status (de-register the AR Number) in the event of misconduct.
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| 46. |
Clause B 7:
Place on record that: The Supplier, founded in the USA in 1987, is a leading medico-wellbeing business with a history of success and growth for over 24 years. That this has been achieved through: 1) World-leading TLC-Programs/Products/ Services and, 2) Good, fair and effective business practices/values with its Research Partners, Distributors, Retailers, Service Providers and many thousands of satisfied Clients all over the world each year. And that the "cornerstones" of this business include: Our published TLC-Research [2010] conducted over "10 years with 10 000 Patients" and our integrity, quality, innovation, science, efficacy, excellent results and rewards.
Self explanatory. TLC-International, since its founding in the USA in 1987, prides itself in its high quality programs/products/systems/service, good values and proper business conduct. And, expects the same from all its process partners including its TLC-Retailers.
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| 47. |
Next Steps:
Now that you have a full understanding, if you agree to these Terms and Conditions, go back to the Application Form, and complete and submit it. Then, as indicated under "The Process" earlier on (above)…you will start direct communication with TLC-International.
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