Terms and Conditions
Chapter 1: Introduction
Policies Incorporated into Subscriber Agreement
The Policies and Procedures (“Policies”), in their current form and as amended periodically at the sole discretion of LFT Performance Nutrition, LLC (“LFT”), are incorporated into the LFT Subscriber Agreement. It is the responsibility of each LFT Subscriber (“Subscriber”) to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of the Policies. The most current version of the Policies is available online through the Member Website. Any amendments to the Policies shall apply only prospectively, not retroactively. LFT reserves the right to amend the Policies in its sole discretion. By executing the LFT Subscriber Agreement, each Subscriber agrees to abide by all amendments or modifications LFT makes.
The purpose of the Policies is to define the relationship between LFT and the Subscriber, to set standards of acceptable business practices (if Subscriber resells the LFT brand), and to support Subscribers in building and protecting their LFT direct selling business in a manner that is in compliance with these Policies. Any violation of the Policies may result in disciplinary action including probation, suspension and/or termination at the sole discretion of LFT.
Together the Subscriber Agreement and Policies, as they may be amended, constitute the contractual agreement (“Contract”) between LFT and each Subscriber. The Contract sets forth the entire agreement between LFT and the Subscriber and supersedes any and all prior oral or written agreements or understandings between LFT and the Subscriber, including any representations by LFT or its Subscribers not explicitly made in the Contract or in official LFT publications. The Contract may not be altered or amended, except as provided in the Policies, as amended from time to time, or by other written notice by LFT. Should any discrepancy exist between the terms of the Contract and verbal representations made to any Subscriber by any LFT employee, the terms and requirements of the Contract will prevail. Should any discrepancy exist between the terms of the LFT Subscriber Agreement and the Policies, the terms of the Policies will prevail.
LFT never forfeits its right to require the compliance of a Subscriber with the terms of the Contract, or with applicable laws and regulations governing business conduct. No failure by LFT to exercise any right under the Contract or to insist upon strict compliance by a Subscriber with any obligation or provision of the Contract shall operate as a waiver of LFT’s right to demands exact compliance with the Contract. The existence of any claim or cause of action of a Member against LFT shall not constitute a defense to LFT’s enforcement of any term or provision of the Contract.
Policies and Provisions Severable
Any provision of the Contract that is judicially invalidated or otherwise rendered unenforceable in any jurisdiction is ineffective only to the extent of such invalidation or unenforceability in that jurisdiction, and only within that jurisdiction. Any prohibited, judicially invalidated or unenforceable provision of the Contract is severable and will not invalidate or render unenforceable any other provision on the Contract, nor will such provision of the Contract by invalidated or rendered unenforceable in any other jurisdiction. In the event any provision of the Contract is deemed invalid or unenforceable in any particular proceeding, such provision shall be reformed to effectuate its original intent and purpose to the fullest extent possible.
Notices and Other Communications
Any notice or other written communication required under this Contract shall be delivered personally, by email or mail. Contact shall be delivered, by email or mail. Unless otherwise provided in the Contract, such notice shall be deemed given when delivered personally or, if transmitted by email, one (1) day after the date of such email or, if mailed, five (5) days after the date of the mailing, to the principle address of the LFT Corporate Office of the Subscriber's address. Notice to a Subscriber will be mailed to his or her address or email address of record with LFT. LFT shall have the right, as an alternative method of notice, to use mailers or other normal channels of mass communication with its Subscribers. It is the sole responsibility of the Suto maintain their correct address, email address, phone number and other contact information on file with LFT.
Chapter 2: Becoming a LFT Subscriber
2.1 Definition of Subscriber
LFT subscribers have the ability to purchase Products at significant discounts directly from LFT and personally consume or sell the Products to their customers. Throughout the Policies, the terms “Subscriber,” “Distributor”, and “you” shall refer to any person whose Subscriber Agreement has been signed, received, and accepted by LFT in its sole and absolute discretion.
2.2 Requirements to Become a Subscriber
In order to become a Member, you must:
- Be at least 18 years of age;
- Reside in a geographic area where LFT conducts its direct selling business;
- Agree to the Terms of the Subscriber agreement;
- Pay the first month’s Subscription fee.
A signed Subscriber Agreement, or agreeing to the Terms of the Agreement when purchasing the initial Subscription, constitutes your agreement with LFT, and acknowledges your understanding that you must adhere to the LFT policies, which are incorporated into the Subscription Agreement as part of your Contract. Providing false information in your Subscription Agreement may result in immediate termination of your Subscription. Additionally, LFT reserves the right to refuse any application in its sole discretion.
LFT reserves the right to offer various sign-up and renewal promotions to new and existing subscriners as it seems fit for specific periods of time.
2.3 Rights and Privileges of Subscribers
Once LFT receives and accepts a Subscription Agreement, the Subscriber enjoys the following rights and privileges:
- To purchase Products directly from LFT Wholesale at a significantly discounted prices.
- To receive LFT communications and literature;
- To earn profit on LFT retail sales, if eligible.
2.4.Renewal of Subscription
A Subscriber must renew his or her Subscription on a monthly basis by paying the current monthly fee, subject to change, and agreeing to be bound by the then-current Policies. Monthly fees are auto-drafted from the Subscriber's credit card on file. LFT reserves the right to review and accept or reject any renewal of any Subscription. The due date for the renewal fee will be approximately 30-days after the initial sign-up and continues indefinitely unless noted in writing by the Subscriber. Paying the renewal fee constitutes the Subscriber's acceptance of all terms and conditions of his or her Contract with LFT, including the then-current Policies.
Subscription Cancellation Policy
.Subscribers may cancel their LFT wholesale subscription at any time by providing written notice to LFT Wholesale via email a minimum of 4-days prior to their next billing date. A reply email confirmation from LFT acknowledging the email has been received is required. However, if the LFT wholesale subscription is cancelled within 60-days of the initial sign-up period a one-time $19.95 fee will be charged to the Subscriber.
2.5 Wholesale Access Pass Pricing
LFT offers to wholesale access pass subscription options:
- 6 item pass for $19.95
- 12 item pass for $24.95
Plans and pricing subject to change without notice.
Chapter 3: Subscriber Conduct
3.1 Subscribers are Independent Contractors
Subscribers are independent contractors, not employees of LFT. Subscribers may not do anything that would lead someone to believe that they are an employee or an agent of LFT. As an independent contractor, Subscribers are responsible for the following:
- Setting retail prices for Products sold (although, Products must be advertised at or above MAP);
- Establish working hours;
- Conducting the day-to-day business; and
- Reporting to the IRS any income earned from the Membership
The services performed by you, as a LFT Subscriber, are performed pursuant to the Contract between you and LFT, and such Contract provides that you will not be treated as an employee with respect to such services for Federal tax purposes.
3.2 Subscribers Must Identify Themselves as a LFT Subscriber or LFT Independent Distributor
When a Subscriber uses his or her name on advertising, social media, websites, email correspondence, on the telephone or any other communications related to his or her LFT business, it must be stated as follows: “[John Doe], LFT Subscriber or LFT Independent Distributor.”
3.3 Subscribers Must Follow All Laws
Subscribers are responsible for complying with all local, state and federal laws and regulations concerning the operation of a Subscription, marketing and selling practices, and the distribution of Products. Subscribers should familiarize themselves with the applicable federal, state and local laws that affect the operation of their Subscription. LFT shall not be liable for any conduct of Members contrary to such laws and regulations.
3.4 Truthful and Ethical Conduct
All statements made by Subscribers regarding LFT, the business opportunity, the Products, past earnings, or product results must be truthful, ethical, accurate and not misleading. Subscribers shall always conduct their business in an ethical manner and in accordance with all applicable federal, state, and local laws and regulations.
3.5 Disruptive and Unethical Conduct
Subscribers are prohibited from engaging in high-pressure selling. Subscribers must always conduct themselves in a courteous and considerate manner when representing LFT. All presentations and communications regarding Products and the LFT Subscription must be complete and truthful, including but not limited to, instructions on the usage directions and precautions and product intended benefits included on the product label and any accompanying LFT-published literature.
If a Subscriber behaves in a manner that, in the sole opinion of LFT, causes disruption to the conduct of the normal business of LFT or that of any other Subscriber, or that is injurious to the image or reputation of LFT or that of any other Subscriber, disciplinary action may be taken against the Subscriber including probation, suspension, and/or termination, at the sole discretion of LFT.
3.6 Confidential Information
In connection with a Subscriber's LFT business, LFT may make available to Subscribers certain information and reports regarding LFT’s business, Products, trade secrets, intellectual property, its network, identity and contact information of Subscribers and Retail Customers, a Subscriber's personal sales volume, Subscriber rank and achievement levels, and other information needed to run and growth the Subscriber's business, such as Subscriber's lists (collectively, “Confidential Information”). Subscribers hereby stipulate and agree that Confidential information belongs solely and exclusively to LFT and constitutes its proprietary business trade secrets. Subscribers have no claim, right, or title to any Confidential Information. Such Confidential Information is provided to Subscribers in strictest confidence and is made available to Subscribers for the sole purpose of assisting Subscribers in their LFT business. Subscribers hereby agree to the disclosure of their information to other Subscribers for this purpose. Subscribers acknowledge that, but for this agreement of confidentiality and nondisclosure, LFT would not provide Confidential Information to Subscribers.
To protect Confidential Information, Subscribers shall not, on his or her own behalf or on behalf of any other person or entity, directly or indirectly: (1) disclose or disseminate any Confidential Information to any other person or entity; (2) provide access to any password-protected section of the LFT website containing Confidential Information to any other person or entity, including providing any password to such section to any other person or entity; (3) use Confidential Information for any purpose other than the conduct and promotion of the Subscriber's LFT business as contemplated in these Policies and the Contract; or (4) use Confidential Information to attempt to influence or induce any Subscriber, Retail Customer, or employee of LFT to cease or alter his or her business relationship with LFT.
Upon the cancellation or termination of the Contract regardless of the reason for such cancellation or termination, a Subscriber shall immediately return to the Company any and all Confidential Information in his or her possession, custody, or control, including all copies of documents, files, or other media containing any Confidential Information and any derivative thereof. This requirement applies automatically and is not dependent on demand being made by LFT.
Each Subscriber stipulates that if he or she violates the terms of this section, LFT will be irreparably harmed and calculation of the full extent of LFT’s damages will be difficult. Subscriber therefore stipulates that LFT shall be entitled to immediate temporary, preliminary, and permanent injunctive relief against Subscriber and all those acting in concert with him or her to prevent and enjoin any violation of this section. This remedy is in addition to any other legal remedies to which LFT may be entitled, including disciplinary sanctions under the Contract and recovery of damages caused by a Subscriber's breach. The provisions of this section shall survive termination of the Contract.
Chapter 4: Buying and Selling Products
4.1 Reasons to Purchase Products
Subscribers may purchase Products for their own use and that of their families, as well as for resale to Retail Customers who are purchasing Product for their own use and that of their families.
4.2 Selling Products
Only LFT and Subscribers may sell Products. Products may only be sold person-to-person, or through the LFT website. As many Products have age recommendations and dosage instructions best adhered to by adults, Subscribers are prohibited from selling Products directly to minors (or anyone under the age of 18). Members cannot repackage, tamper with, relabel, misbrand or adulterate Products. Subscribers must store Products in a cool, dry place. Members are responsible for proper storage and Product condition prior to sale.
4.3 Retail Sales Receipts
A “Retail Customer” is a non-member customer who purchases LFT Product(s) directly from a Subscriber. Federal law requires Subscribers provide each Retail Customer with a Retail Sales Receipt at the time of sale. If you sell directly to a retail customer, you must provide a Retail Sales Receipt.
4.4 Unauthorized Sales
LFT places some limitations on the manner in which Subscribers may sell Products in order to protect the safety of consumers and the reputation of LFT. These unauthorized sales include, but are not limited to the following:
- Unauthorized Payment Methods: All payments made by credit card, debit card or person check must be authorized by the customer at the time of purchase. Unauthorized usage of a customer’s credit card or other form of payment will not be tolerated;
- E-Commerce Sites or Auction Sites: In order to maintain LFT’s premium brand image and business goodwill, as well as to preserve the unique aspects of the sales channels in which LFT’s Products are sold, including person-to-person interaction, Subscribers are prohibited from selling or advertising the sale of Products on e-commerce sites or auction sites, websites trading in products or services using the Internet. Some examples of these prohibited websites include, but are not limited to: eBay, Amazon or Craigslist. LFT cannot guarantee the authenticity, freshness, safety, or quality of Products sold on these sites;
- Social Media or Personal Websites: Subscribers are prohibited from selling Products on social media sites or their personal website(s); and
- Supplying Products to be Sold in an Unauthorized Manner: Subscribers are prohibited from supplying any other person or entity with Products that the Subscriber knows or should reasonably know are likely to be sold in an unauthorized manner.
The Subscriber hereby agrees that if there is a violation of this provision the Subscriber shall forfeit, and be required to return all compensation paid (whether by authorized or unauthorized means) during the period in which any sale is made through improper means, which includes but is not limited to the sales listed above. Subscriber agrees that it would be extremely difficult for LFT to estimate the amount of damages incurred from their time of entry because of the difficulty of distinguishing between compensation from legitimate and illegitimate sales. Therefore, Subscriber agrees that forfeiture of compensation is appropriate. Subscriber further agrees that LFT shall be entitled to recover attorney’s fees incurred relating to the investigation of such a breach, and in recovery any compensation forfeited hereunder.
4.5 Minimum Advertised Price Policy (“MAP”)
Subscribers shall not advertise LFT Products below the MAP Policy terms. The MAP Policy applies only to advertised prices for Subscribers and does not establish or suggest a minimum retail price. It does not apply to the price at which the products are actually sold or offered for sale to an individual consumer. Subscribers may offer LFT Products at any price in excess of MAP. Failure to abide by the MAP policy may result in action taken against the Subscriber including probation, suspension, and/or termination, at the sole discretion of LFT.
4.6 Ordering Products
Subscribers order Products directly from LFT Wholesale (LFTbig500.com) and pay with credit or debit card – via the LFT Member website.
Out-of-stock inventory may occur. LFT does not roll-over allowable item order quantities each month. LFT product cannot be reserved for any specific member.
4.7 Shipping Products
When an order is shipped, it incurs shipping and handling. Shipping fees may not be reflected accurately on the LFT website at the time of purchase and are extra.
Local free pickup. This option is not available in all locations.
Failure to notify LFT of any shipping discrepancy or damage within six (6) days of shipment will cancel the Subscriber's right to request a correction. If an order must be rerouted, it will be at the Subscriber's expense.
4.8 Reporting Adverse Reactions or Consumer Complaints
If a Subscriber or Retail Customer experiences, or becomes aware of, any adverse reaction to a LFT product or receives a consumer complaint, contact LFT Customer Service as soon as possible.
Chapter 5: Returning or Exchanging Product
5.1 Subscriber Refund Policy
Subscribers are entitled to a refund on any unopened Product purchased in the last thirty (30) days less shipping and handling/delivery fees if they are not completely satisfied with the Products purchased. Subscribers must return the Product at their expense and a completed Product Return form in order to receive a replacement for the Product from LFT.
To be entitled to a refund or exchange, the following requirements must be met:
- The returned Product(s) must be accompanied by a Returned Merchandise Authorization (“RMA”) number provided by LFT Customer Service, an inventory list of the Product(s) returned, and proof that the Products were purchased from LFT;
- The returned Products must appear in the Subscriber's order history; and
- The returned Products must have been purchased within thirty (30) days preceding the date of the return.
- The returned Products must be unopened.
Returned Product that does not meet this criteria listed above shall not be eligible for a refund or exchange. In addition, all Product returned to LFT shall be retained by LFT, regardless of whether the return meets the criteria for receiving a refund or exchange.
5.2 Exclusions from Refund Policy
Only unopened Products purchased directly from LFT are eligible for a refund. LFT may refuse to issue a refund if it find in its sole discretion that any of the conditions in this section have not been met.
Chapter 6: Advertising and Marketing of LFT Products and the Business Opportunity
6.1 Subscriber Advertising in General
Subscribers, as independent contractors, are free to run their respective LFT business however they see fit, including through various forms of advertising, so long as their business activities comply with all terms of these Policies and federal, state, and local laws and regulations. Failure to follow this requirement may subject the Subscriber to disciplinary action at the sole discretion of LFT. LFT shall not be liable for any actions of its Subscribers in violation of this requirement and/or these Policies. What follows are general principles to help guide Subscribers in the decisions they may make regarding advertising and promotion of LFT products.
It is the obligation of each Subscriber to ensure that all advertisement activities are truthful, not deceptive and do not mislead customers in any way. Advertisements and marketing activities should be professional and appropriate. Any Subscriber who engages in abusive language or in appropriate conduct that causes disruption in the normal business of LFT or that of any Subscriber, or that is injurious to the image or reputation of LFT or that of any Subscriber, may be subject to disciplinary action including suspension or termination at the sole discretion of LFT.
Subscribers must clearly identify themselves as a “LFT Independent Distributor” in all advertisements, including but not limited to, social media posts and websites. Subscribers may not under any circumstances represent themselves, either explicitly or implicitly, as an agent or employee of LFT as a company. All advertisements and marketing, including telephone calls, websites, or emails, must not indicate or suggest that the recipient has reached the LFT Corporate Office.
Although Subscribers are alone responsible for setting retail prices for Products, in order to maintain LFT’s premium brand image, business goodwill, and the integrity of its sales channel, all LFT marketing must advertise Products at or above the established MAP pricing for that Product. Advertising Product discounts, free Product or free samples is strictly prohibited.
LFT, the Company, reserves the right to sell and advertise Product(s) below MAP on occasion for special events, promotions, or at its sole discretion.
6.2 Use of Logos, Trademarks and Copyrighted Material
LFT owns all LFT trademarks, trade names, logos and copyrighted images and content. Members may not use LFT trademarks, trade names or corporate logos without express written approval from LFT.
Subscribers are prohibited from recording or reproducing materials, presentations or copies of recordings from any LFT Corporate function, event or speech by any LFT spokesperson, representative, speaker, officer, director or other Subscriber.
6.3 Internet Policy
In general, content or communications on the internet used to encourage, inform or influence customers about Products and the LFT business opportunity must comply with all terms of the Policies, including this Chapter. It is the Subscriber's obligation to ensure that all content they post on the internet is current and that any old content that is out of compliance with any terms of the Policies is immediately and permanently removed. Failure to comply with this policy may subject the Subscriber to disciplinary action at the sole discretion of LFT.
Subscribers are not permitted to own, create or maintain domain names, email addresses and/or online aliases that could cause confusion, be misleading or deceptive to consumers, in that they appear to be connected with the LFT Corporate Office. LFT will determine, in its sole discretion, whether such could cause confusion or are misleading or deceptive. In addition, unsolicited email, text, social media, and fax blast messages are expressly prohibited.
6.4 Social Media
Posts, communications or content shared on social media sites used to encourage, inform or influence customers about Products must comply with all terms of the Policies, including this Chapter. Social media sites may include but are not limited to, Facebook, Pinterest, Tumblr, Reddit, Instagram, Twitter, LinkedIn, and YouTube.
If a Subscriber is sharing content regarding LFT on social media, whether in a personal profile or in a group, the Subscriber must clearly identify themselves as a “LFT Independent Distributor.” The content shared should be professional and appropriate. Abusive language or inappropriate conduct that causes disruption to the normal business of LFT or that of any Subscriber, or conduct that is injurious to the image or reputation of LFT or that of any Subscriber, may subject the Subscriber to disciplinary action.
Social media may be used to share information about LFT, its Products and membership opportunity. However, these sites may not be used to sell Products or advertise free Product samples or Product discounts below MAP.
6.5 Endorsers and Sponsorships
LFT Endorsers and Sponsorships are subject to change. For the most current and accurate information, please consult the LFT website. Subscribers may not use an Endorser’s image or likeness, upload or add any videos, photos, commercials, or information about any LFT Endorser without the express written consent of LFT, unless published by LFT specifically for Subscriber use or sharing purposes.
Endorsers may receive free Product in exchange for their endorsement and may be compensated for their time and appearances.
6.6.1 Product Claims
When discussing or promoting Products, Subscribers may make only those claims or representations found in current literature published by LFT. Subscribers may state that the Products are safe when used as directed on the product labels. Subscribers may not state that any Product has been approved by the U.S. Food and Drug Administration (“FDA”).
Product claims and statements suggesting that Products can be used to diagnose, treat, cure, or prevent any illness, disease, or medical condition are prohibited by LFT and by the laws and regulations of jurisdictions in which LFT operates. Such statements shall be grounds for disciplinary action, including suspension or termination, at the sole discretion of LFT.
Testimonials regarding LFT products must reflect typical results under the circumstances shown in the advertisement, or must disclose the generally expected performance in the circumstances shown in the advertisement. Under no circumstances shall a testimonial be used to make a claim not otherwise permitted with respect to the Product.
Weight loss varies with individual effort, body composition, eating patterns and exercise. If an individual has a medical condition or is pregnant or nursing, LFT recommends that the individual consult his or her healthcare professional before starting a LFT product regimen. Individuals should always read the product label before use.
LFT reserves the right to take disciplinary action against a Subscriber at any time, with or without a prior notice, whenever it is determined to be the necessary and appropriate action. LFT reserves the right to recoup damages and pursue legal action for violation of its Policies or its Subscriber Agreement.
Pre-Cancellation and Post-Cancellation Slander, Libel or Disparagement
A Subscriber or former Subscriber shall not slander or libel LFT at any time. A Subscriber or former Subscriber shall not disparage LFT or its current Subscribers during the period of any disciplinary actions pending against the Subscriber, and for a period of one (1) year following the conclusion of their Subscription. The provision shall survive termination of the Contract.