Additional Information for Excellent Marketing Results, Inc.

The following describes a government action that has been resolved by either a settlement or a decision by a court or administrative agency. If the matter is being appealed, it will be noted below.

Massachusetts: On February 10, 2020, the FTC, brought an action against Excellent Marketing Results, Inc. and its officer Michael McGahee for alleged violations of (Case No. 20-cv-10249, United States District Courts of Massachusetts, Boston Division).FTC brings this action to obtain permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten monies, and other equitable relief for Defendants.

Since at least 2009 and continuing until at least August 2018, Excellent Marketing Results, Inc and McGahee have marketed StimTein, an ingestible capsule, through nationally advertised infomercials and other means. The Excellent Marketing Results, Inc have represented that StimTein, taken as directed, grows bone and cartilage and thereby provides substantial and long-lasting relief from pain associated with debilitating joint ailments, including arthritis, and that these benefits are clinically proven. The active ingredient in StimTein that purportedly provides the advertised health benefits is Cyplexinol, which is manufactured and supplied by ZyCal and Scaffidi ("the ZyCal Defendants").
The ZyCal Defendants first recruited the Excellent Marketing Results, Inc as trade customers in or about 2009. In particular, the ZyCal Defendants encouraged the Excellent Marketing Results, Inc to market a Cyplexinol product via an infomercial. The Excellent Marketing Results, Inc agreed, branding the finished product as StimTein. At times material to the Complaint, the ZyCal Defendants supplied to the Excellent Marketing Results, Inc either the finished StimTein product or the ingredient Cyplexinol for use in StimTein.
The ZyCal also supplied the Excellent Marketing Results, Inc with product information, clinical studies, and other promotional materials about the purported health benefits of Cyplexinol. Excellent Marketing Results, Inc incorporated the ZyCal Defendants' health benefit claims into their promotional materials for StimTein. For example, in 2009, the ZyCal Defendants provided talking points to Excellent Marketing Results, Inc about Ostinol, a ZyCal product with a Cyplexinol formulation similar to that of StimTein. The talking points emphasized that the product "stimulate(s) cells to grow bone tissue," "stimulate(s) cells to grow cartilage," and "contains a biologically active protein complex proven for 40 years and used clinically for 20 years to grow bone." These claims appeared prominently in StimTein advertising.
Since at least 2011, the ZyCal Defendants also have marketed the Cyplexinol ingredient or oral products containing Cyplexinol to other trade customers. The ZyCal Defendants provide to those trade customers product information and promotional materials with bone and joint claims substantially similar to the claims they have provided to Excellent Marketing Results, Inc.
Since at least 2014, the ZyCal Defendants also have advertised and marketed their own line of Cyplexinol products under the brand name Ostinol directly to consumers and health professionals (primarily chiropractors). The ZyCal Defendants sell Ostinol products in varying strengths and formulations. They have made, and continue to make, claims that Ostinol products grow bone and cartilage and thereby substantially reduce joint pain and discomfort, and that these benefits are clinically proven.
In truth and in fact, Defendants possess no competent and reliable scientific evidence that any Cyplexinol product, taken as directed, provides any of the health benefits advertised by Defendants, nor are any of the advertised benefits clinically proven.
At times material to the Complaint, Excellent Marketing Results, Inc have advertised, offered for sale, sold, and distributed the oral product StimTein, containing the active ingredient Cyplexinol.
Excellent Marketing Results, Inc have advertised StimTein mainly through long- and shortform infomercials and internet marketing, including the website www.stimtein.com. They have represented directly and through consumer endorsements that StimTein grows new bone, including in persons with osteoporosis or osteopenia; that StimTein grows new cartilage; that StimTein provides substantial and long-lasting relief from joint pain, including pain caused by arthritis, bursitis, and stenosis; and that these benefits are clinically proven.
Excellent Marketing Results, Inc used the testimonial of a then-employee of Excellent Marketing Results, Inc and the testimonial of the mother of another then-employee of Excellent Marketing Results, Inc, as consumer endorsements of StimTein without disclosing their connections to the company. Both testimonialists claimed that StimTein eliminated their debilitating joint pain.
Excellent Marketing Results, Inc sold StimTein for approximately $30-$60 for a 30-day supply. From 2015 to 2018, Defendants generated approximately $3.6 million in gross sales minus returns of StimTein.
To induce consumers to purchase StimTein, Excellent Marketing Results, Inc have disseminated or caused to be disseminated advertisements, packaging, and promotional materials, including, but not limited to, advertisements containing the following statements and depictions, among others.

Excellent Marketing Results, Inc incorporated bone- and cartilage-building claims into their own advertising for StimTein and continued to make those claims until August 2018. The StimTein infomercial heavily emphasizes the bone- and cartilage-growth claims and that decades of medical research purportedly backed those claims. According to infomercial host Mr. McGahee, "the bone activating proteins in StimTein are backed by 40 years of research. They have been reviewed in prestigious medical publications ... (and) have 20 years of clinical use in over 500,000 medical procedures along with clinical trials that proves (sic) they do in fact work." These proteins "activate replenishing cells around bones so that they can actually use the existing building blocks to form new bone and cartilage."
At times material to the Complaint, the ZyCal Defendants have advertised, offered for sale, sold, and distributed Ostinol products and other oral Cyplexinol products to trade customers, health professionals, and consumers. The ZyCal Defendants have sold Ostinol products to consumers and health professionals for approximately $45-$135 for a 30-day supply. From 2014 to 2017, they generated gross sales minus returns for Ostinol products of more than $3.1 million to health professionals and more than $1.5 million to consumers. During that time, they also made approximately $1.9 million in sales of the ingredient Cyplexinol and Cyplexinol products to trade customers, including $467,325 in sales to Excellent Marketing Results, Inc.
At times material to the Complaint, the ZyCal Defendants have marketed Ostinol products to health professionals, primarily chiropractors, through internet and print marketing, including the website https://rts.ostinol.com. They have represented that Ostinol products grow bone or cartilage tissue and thereby substantially reduce joint pain and discomfort, and that these benefits are clinically proven.
To induce health professionals to purchase Ostinol products, the ZyCal Defendants have disseminated or caused to be disseminated advertisements, packaging, and promotional materials, including, but not limited to, advertisements containing the following statements and depictions, among others.

At times material to the Complaint, the ZyCal Defendants have advertised, offered for sale, sold, and distributed Ostinol products to consumers mainly through internet marketing, including the websites www.ostinol.com and www.zycalbio.com. They have represented directly, and through consumer endorsements and the endorsement of registered dietician Katherine Spinks, that Ostinol products grow bone or cartilage tissue and thereby substantially reduce joint pain and discomfort, and that these benefits are clinically proven. They also used Spinks' endorsement without disclosing that she was a ZyCal sales representative at the time her endorsement was made.
To induce consumers to purchase Ostinol products, the ZyCal Defendants have disseminated or caused to be disseminated advertisements, packaging, and promotional materials, including, but not limited to, advertisements containing the following statements and depictions, among others.
The ZyCal Defendants continue to disseminate deceptive advertisements and promotional materials representing that Ostinol products grow bone or cartilage tissue and thereby substantially reduce joint pain and discomfort, and that these benefits are clinically proven. Excellent Marketing Results, Inc were engaged in their deceptive advertising of StimTein for more than eight years and only stopped their unlawful conduct months after they received a Civil Investigative Demand from the FTC.

Count I: False or Unsubstantiated Efficacy Claims by Excellent Marketing Results, Inc
In numerous instances in connection with the advertising, marketing, promotion, offering for sale, or sale of StimTein the EMR Defendants have represented, directly or indirectly, expressly or by implication, that StimTein, taken as directed:
A. Grows new bone, including in persons with osteoporosis and osteopenia;
B. Grows new cartilage; and
C. Provides substantial or long-lasting relief from joint pain and discomfort, including chronic or severe pain caused by arthritis, bursitis, and stenosis.
The representations set forth are false or misleading or were not substantiated at the time the representations were made. Therefore, the making of the representations as set forth
constitutes a deceptive act or practice and the making of false advertisements in violation of

Count II StimTein: False Establishment Claims by Excellent Marketing Results, Inc
In numerous instances in connection with the advertising, marketing, promotion, offering for sale, or sale of StimTein, Excellent Marketing Results, Inc have represented, directly or indirectly, expressly or by implication, that StimTein, taken as directed, is:
A. Clinically proven to grow new bone, including in persons with
osteoporosis and osteopenia;
B. Clinically proven to grow new cartilage; and
C. Clinically proven to provide substantial or long-lasting relief from joint
pain and discomfort, including chronic or severe pain caused by arthritis,
bursitis, and stenosis.
The representations set forth are false. Therefore, the making of the representations as set forth
constitutes a deceptive act or practice and the making of false advertisements.

Count III: StimTein: Deceptive Endorsement Claim by Excellent Marketing Results, Inc
In numerous instances in connection with the advertising, marketing, promotion, offering for sale, or sale of StimTein Excellent Marketing Results, Inc have represented, directly or indirectly, expressly or by implication, that the endorsements of Kimberley Troop and Beverly Murray reflect the experiences and opinions of ordinary impartial users of StimTein.
In fact, the endorsements of Kimberley Troop and Beverly Murray do not reflect the experiences and opinions of ordinary impartial users of StimTein because Kimberley Troop was an employee of Defendant EMR at the time her endorsement was made and Beverly Murray was the mother of a then-employee of Defendant EMR at the time her endorsement was made. Therefore, the representation set forth is false or misleading.

Count IV: StimTein: Deceptive Failure to Disclose Material Connections by Excellent Marketing Results, Inc.
In numerous instances in connection with the advertising, marketing, promotion,offering for sale, or sale of StimTein, Excellent Marketing Results, Inc have represented, directly or indirectly, expressly or by implication, that the endorsements of Kimberley Troop and Beverly Murray reflect the experiences and opinions of users of StimTein.
In numerous instances in which Excellent Marketing Results, Inc have made the representation have failed to disclose that Kimberley Troop was an employee of Defendant Excellent Marketing Results, Inc at the time her endorsement was made and Beverly Murray was the mother of a then-employee of Excellent Marketing Results, Inc at the time her endorsement was made. These facts would be material to consumers in evaluating the endorsements of StimTein in connection with a purchase or use decision.
In light of the representations described Excellent Marketing Results, Inc failure to disclose the material information constitutes a deceptive act or practice.
Count V: StimTein: ZyCal Defendants' Provision of Means and Instrumentalities of Deception
In numerous instances in connection with the advertising, marketing, promotion, offering for sale, or sale of StimTein, above, the ZyCal Defendants have provided Excellent Marketing Results, Inc with advertising, marketing, and substantiation materials that contain false or misleading or unsubstantiated representations. By furnishing Excellent Marketing Results, Inc with the materials described the ZyCal Defendants have provided the means and instrumentalities for the commission of deceptive acts and practices.


ORDER I. PROHIBITED REPRESENTATIONS: REGARDING HEALTH-RELATED CLAIMS REQUIRING HUMAN CLINICAL TESTING FOR SUBSTANTIATION:
IT IS ORDERED that Defendants, are permanently restrained and enjoined from making, or assisting others in making, expressly or by implication, including through the use of a product name, endorsement, depiction, or illustration, any representation that such product:
A. Grows bone, including in persons with osteoporosis and osteopenia;
B.Grows cartilage;
C. Provides rapid, substantial, or long-lasting relief from joint pain, including chronic or severe pain caused by arthritis, bursitis, and stenosis; or
D. Cures, mitigates, or treats any disease unless the representation is non-misleading, and, at the time of making such representation, they possess and rely upon competent and reliable scientific evidence substantiating that the representation is true.
OTHER HEALTH-RELATED CLAIMS IT IS FURTHER ORDERED that Defendants, are permanently restrained and enjoined from making, or assisting others in making, name, endorsement, expressly or by implication, including through the use of a product or illustration, any representation, other than representations covered under the Section of depiction, Regarding Health-Related Claims Requiring Human efficacy, safety, or side Clinical Testing For Substantiation, about the health benefits, performance, effects of any Covered Product, unless the representation is non-misleading, and, at the time of making such representation, they possess and rely upon competent and reliable scientific evidence that is sufficient in quality and quantity based on standards generally accepted by experts in the or function to which the representation relates, when considered in light relevant disease, condition, of the entire body of relevant and reliable scientific evidence, to substantiate that the representation is true. analyses, purposes of this Section, competent and reliable scientific evidence means tests, For in research, or studies
(1) that have been conducted and evaluated in an objective manner by experts the relevant disease, condition, or function to which the representation relates;
(2) that are generally accepted by such experts to yield accurate and reliable results; and
(3) that are randomized, double-blind, and placebo-controlled human clinical testing of the Covered Product, or of an Essentially Equivalent Product, when such experts would generally require such human clinical to substantiate that the representation is true.

PROHIBITED MISREPRESENT REGARDING TESTS, STUDIES, OR OTHER RESEARCH
IT IS FURTHER ORDERED that Defendants, are permanently restrained and enjoined from misrepresenting, in any manner, or assisting others in misrepresenting, expressly or by implication, including through the use of a product name, endorsement, depiction, or illustration: A. That any Covered Product is clinically or scientifically proven to:
1. Grow bone, including in persons with osteoporosis and osteopenia;
2. Grow cartilage;
3. Provide rapid, substantial, or long-lasting relief from joint pain, including chronic or severe pain caused by arthritis, bursitis, and stenosis; or
B. That the performance or benefits of any product are scientifically or clinically proven or otherwise established; or The existence, contents, validity, results, conclusions, or interpretations of any test, study, or other research.

IV. PROIDBITED MISREPRESENTATIONS REGARDING ENDORSEMENTS
IT IS FURTHER ORDERED that Defendants, are permanently restrained and enjoined from misrepresenting, in any manner, expressly or by implication, that a person providing an endorsement is describing their opinions, findings, beliefs, or experience with the product being promoted, including that the opinions, findings, beliefs, or experiences are those of ordinary impartial users.

v. DISCLOSURE OF MATERIAL CONNECTIONS
IT IS FURTHER ORDERED that Defendants are permanently restrained and enjoined from making any representation., expressly or by implication, about any consumer or other endorser of such good or service without disclosing Clearly and Conspicuously any unexpected material connection between such endorser and:
1) Defendant Excellent Marketing Results, Inc.,
2) Defendant McGahee, or
3) any individual or entity affiliated with the good or service.

VI. FDA-APPROVED CLAIMS
IT IS FURTHER ORDERED that nothing in this Order prohibits Defendants, Defendants' officers, agents, employees, and attorneys, or all other persons in active concert or participation with any of them from:
A. For any Drug, making a representation that is approved in labeling for such Drug under any tentative final or final monograph promulgated by the Food and Drug Administration, or under any new drug application approved by the Food and Drug Administration; and
B. For any product, making a representation that is specifically authorized for use in labeling for such product by regulations promulgated by the Food and Drug Administration pursuant to the Nutrition Labeling and Education Act of 1990 of the Food and Drug Administration Modernization Act of 1997.

PRESERVATION OF RECORDS RELATING TO COMPETENT AND RELIABLE HUMAN CLINICAL TESTS OR STUDIES
IT IS FURTHER ORDERED that, with regard to any human clinical test or study ("test") upon which Defendants rely to substantiate any claim covered by this Order, Defendants shall secure and preserve all underlying or supporting data and documents generally accepted by experts in the field as relevant to an assessment of the test, including:
A. All protocols and protocol amendments, reports, articles, write-ups, or other accounts of the results of the test, and drafts of such documents reviewed by the test sponsor or any other person not employed by the research entity;
B. All documents referring or relating to recruitment; randomization; instructions, including oral instructions, to participants; and participant compliance;
C. Documents sufficient to identify all test participants, including any participants who did not complete the test, and all communications with any participants relating to the test; all raw data collected from participants enrolled in the test, including any participants who did not complete the test; source documents for such data; any data dictionaries; and any case report forms;
D. All documents referring or relating to any statistical analysis of any test data, including any pretest analysis, intent-to-treat analysis, or between-group analysis performed on any test data; and E. All documents referring or relating to the sponsorship of the test, including all communications and contracts between any sponsor and the test's researchers. Provided, however, the preceding preservation requirement does not apply to a reliably reported test, unless the test was conducted, controlled, or sponsored, in whole or in part by:
(1) any Defendant;
(2) any Defendant's officers, agents, representatives, or employees;
(3) any other person or entity in active concert or participation with any Defendant;
(4) any person or entity affiliated with or acting on behalf of any Defendant;
(5) any supplier of any ingredient contained in the product at supplier or manufacturer of issue to any of the foregoing or to the product's manufacturer; or
( 6) the such product. For purposes of this Section, "reliably reported test" means a report of the test has been published in a peer-reviewed journal, and such published report provides sufficient information about the test for experts in the relevant field to assess the reliability of the results. For any test conducted, controlled, or sponsored, in whole or in part, by Defendants, Defendants must establish and maintain reasonable procedures to protect the confidentiality, security, These procedures and integrity of any personal information collected from or about participants. must be documented in writing and must contain administrative, technical, and physical safeguards appropriate to Corporate Defendant's size and complexity, the nature and scope of the Defendants' activities, and the sensitivity of the personal information collected from or about the participants. vm.

MONETARY JUDGMENT IT IS FURTHER ORDERED that: A. Judgment in the amount of Three Million Six Hundred Forty Seven Thousand Two Hundred Eighty Six Dollars ($3,647,286.00) is entered in favor of the Commission against the Defendants, jointly and severally, as equitable monetary relief. Defendants Thousand are ordered to pay to the Commission One Hundred Forty-Five Dollars ($145,000.00), which Defendants shall hold in an interest-bearing escrow account for no other than payment to the Commission. Such payment must be made within 7 days of purpose entry of this Order by electronic fund transfer in accordance with instructions previously provided by a representative of the Commission. Upon such payment, the remainder of the judgment is suspended, subject to the Subsections below. C. The Commission's agreement is to the suspension of part of the judgment upon the truthfulness, accuracy, and completeness of Defendants' sworn expressly premised financial statements and related documents (collectively, "financial representations") submitted to the Commission, namely: Financial Statement of Individual Defendant McGahee signed on May 14,
1. the 2019, including the attachments;
2. the Financial Statement of Corporate Defendant Excellent Marketing Results, Inc., signed by Michael McGahee, President, on May 14, 2019, including the attachments;
3. the additional employment and financial information submitted by email from Defendant McGahee to Commission counsel Mary Johnson dated August l 0, 2019; the additional financial statements submitted by email and secure file transfer 4. from Defendant McGahee to Commission counsel Mary Johnson dated August 21,2019;and of 24 the additional :financial information submitted by email from Defendant McGahee to Commission counsel Mary Johnson dated October 8, 2019. D. The suspension of the judgment will be lifted as to any Defendant if, upon motion by the Commission, the Court finds that Defendant failed to disclose any material asset, materially misstated the value of any asset, or made any other material misstatement or omission in the financial representations identified above. E. If the suspension of the judgment is lifted, the judgment becomes immediately due as to that Defendant in the amount specified in Subsection A. above (which the parties stipulate only for purposes of this Section represents the consumer injury alleged in the Complaint), less any payment previously made pursuant to this Section, plus interest computed from the date of entry of this
Order. IX. ADDITIONAL MONETARY PROVISIONS IT IS FURTHER ORDERED that:
A. Defendants relinquish dominion and all legal and equitable right, title, and interest in all assets transferred pursuant to this Order and may not seek the return of any assets.
B. The facts alleged in the Complaint will be taken as true, without further proof, in any subsequent civil litigation by or on behalf of the Commission, including in a proceeding to enforce its rights to any payment or monetary judgment pursuant to this Order, such as a nondischargeability complaint in any bankruptcy case.
C. The facts alleged in the Complaint establish ail elements necessary to sustain action by the Commission pursuant to Section 523(a)(2)(A) of the Bankruptcy Code, 11 U.S.C. § 523(a)(2)(A), and this Order will have collateral estoppel effect for such purposes.
D. Defendants acknowledge that their Taxpayer Identification Numbers (Social Security Numbers Employer Identification Numbers), which Defendants previously submitted to the or Commission, may be used for collecting and reporting on any delinquent amount arising out of this Order, in accordance with 31 U.S.C. § 7701.
E. All money paid to the Commission pursuant to this Order may be deposited into a administered by the Commission or its designee to be used for equitable relief, including fund consumer redress and any attendant expenses for the administration of any redress fund. If a partially representative of the Commission decides that direct redress to consumers is wholly or impracticable or money remains after redress is completed, the Commission may apply any remaining money for such other equitable relief (including consumer information remedies) as it determines to be reasonably related to Defendants' practices alleged in the Complaint. Any money used for such equitable relief is to be deposited to the U.S. Treasury as disgorgement. Defendants not have no right to challenge any actions the Commission or its representatives may take pursuant to this Subsection.

X. CUSTOMER INFORMATION
IT IS FURTHER ORDERED that Defendants are permanently restrained and enjoined from directly or indirectly:
Failing to provide sufficient customer information to enable the Commission to efficiently administer consumer redress. If a representative of the Commission requests in writing any information related to redress, Defendants must provide it, in the form prescribed by the Commission, within 14 days.
B. Disclosing, using, or benefitting from customer information, including the name, address, telephone number, email address, social security number, other identifying information, or any data that enables access to a customer's account (including a credit card, bank account, or other financial account), that any Defendant obtained prior to entry of this Order in connection with the sale of any StimTein product;
C. Failing to destroy such customer information in all forms in their possession, custody, or control within 30 days after receipt of written direction to do so from a representative of the Commission. Provided, however, that customer information need not be disposed of, and may be disclosed, to the extent requested by a government agency or required by law, regulation, or court order.

XI. COOPERATION
IT IS FURTHER ORDERED that Defendants must fully cooperate with representatives of the Commission in this case and in any investigation related to or associated with the transactions or the occurrences that are the subject of the Complaint. Defendants must provide truthful and complete information, evidence, and testimony. Defendants must cause their officers, employees, representatives, or agents to appear for interviews, discovery, hearings, trials, and any other proceedings trat a Commission representative may reasonably request upon 5 days written notice, or reasonable notice, at such places and times as a Commission representative may designate, without the service of a subpoena.

XII. NOTICE TO CUSTOMERS
IT IS FURTHER ORDERED that, within 30 days of the entry of this Order:
A. Corporate Defendant shall send by first-class mail an exact copy of the notice attached as Attachment A, showing the date of the mailing, to any consumer who, as of the date of entry of this Order, purchased StimTein on or after January 1, 2016.
B. Corporate Defendant's name and return address, for any mailing, must appear on the front of the envelope, and the customer's name and address must be printed on the front of the envelope or be visible through a window in the envelope. The notice required by this Section shall not include any other document or enclosures.

XIII. ORDER ACKNOWLEDGMENTS
IT IS FURTHER ORDERED that Defendants obtain acknowledgments ofreceipt of this Order:
A. Each Defendant, within 7 days of entry of this Order, must submit to the Commission an acknowledgment of receipt of this Order.
B. For 3 years after entry of this Order, Individual Defendant for any business that such Defendant, individually or collectively with the Corporate Defendant, is the majority owner or controls directly or indirectly, and the Corporate Defendant, must deliver a copy of this Order to:
(1) all principals, officers, directors, and LLC managers and members;
(2) all employees having managerial responsibilities for the conduct related to the subject matter of the Order and all agents' representatives who participate in conduct related to the subject matter of the Order; and
(3) any business entity resulting from any change in structure as set forth in the Section titled Compliance Reporting. Delivery must occur within 7 days of entry of this Order for current personnel. For all others, delivery must occur before they assume their responsibilities.
C. From each individual or entity to which a Defendant delivered a copy of this Order, that Defendant must obtain, within 30 days, a signed and dated acknowledgment of receipt of this Order.

XIV. COMPLIANCE REPORTING
IT IS FURTHER ORDERED that Defendants make timely submissions to the Commission:
A. One year after entry of this Order, each Defendant must submit a compliance report, sworn under penalty of perjury: Each Defendant must:

( a) identify the primary physical, postal, and email address and telephone number, as designated points of contact, which representatives of the Commission may use to communicate with Defendant;
(b) identify all of that Defendant's businesses by all of their names, telephone numbers, and physical, postal, email, and Internet addresses;
(c) describe the activities of each business, including the goods and services offered, the means of advertising, marketing, and sales, and the involvement of any other Defendant (which Individual Defendant must describe ifhe knows or should know due to his own involvement);
(d) describe in detail whether and how that Defendant is in compliance with each Section of this Order; and
( e) provide a copy of each Order Acknowledgment obtained pursuant to this Order, unless previously submitted to the Commission.

Additionally, Individual Defendant must:
(a) identify all telephone numbers and all physical, postal, email and Internet addresses, including all residences;
(b) identify all business activities, including any business for which such Defendant performs services whether as an employee or otherwise and any entity in which such Defendant has any ownership interest; and
( c) describe in detail such Defendant's involvement in each such business, including title, role, responsibilities, participation, authority, control, and any ownership.
B. For 10 years after entry of this Order, each Defendant must submit a compliance notice, sworn under penalty of perjury, within 14 days of any change in the following:
1. Each Defendant must report any change in:
(a) any designated point of contact; or
(b) the structure of any Corporate Defendant or any entity that Defendant has any ownership interest in or controls directly or indirectly that may affect compliance obligations arising under this Order, including: creation, merger, sale, or dissolution of the entity or any subsidiary, parent, or affiliate that engages in any acts or practices subject to this Order.
2. Additionally, Individual Defendant must report any change in:
(a) name, including aliases or fictitious name, or residence address; or
(b) title or role in any business activity, including any business for which such Defendant performs services whether as an employee or otherwise and any entity in which such Defendant has any ownership interest, and identify the name, physical address, and any Internet address of the business or entity.
C. Each Defendant must submit to the Commission notice of the filing of any bankruptcy petition, insolvency proceeding, or similar proceeding by or against such Defendant within 14 days of its filing.
D. Any submission to the Commission required by this Order to be sworn under penalty of perjury must be true and accurate and comply with 28 U.S.C. § 1746, such as by concluding: "I under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on: __ " and supplying the date, signatory's full name, title (if applicable), and signature.
E. Unless otherwise directed by a Commission representative in writing, all submissions the Commission pursuant to this Order must be emailed to DEbrief@ftc.gov or sent by overnight to courier (not the U.S. Postal Service) to: Associate Director for Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 609 Pennsylvania Avenue NW, Washington, DC 20580.

xv. RECORDKEEPING
IT IS FURTHER ORDERED that Defendants must create certain records for 10 years after entry of the Order, and retain each such record for 5 years. Specifically, Corporate Defendant and Individual Defendant for any business that such Defendant, individually or collectively with the other Defendant, owns a majority of or controls directly or indirectly, must create and retain the following records:
A. A copy of each unique advertisement or other marketing material;
B. Accounting records showing the revenues from all goods or services sold;
C. Personnel records showing, for each person providing services, whether as an employee or otherwise, that person's: name; addresses; telephone numbers; job title or position; dates of service; and (if applicable) the reason for termination;
D. Records of all consumer complaints and refund requests, whether received directly or indirectly, such as through a third party, and any response; and All of records necessary to demonstrate full compliance with each provisio:t;1 this
E. Order, including all submissions to the Commission.

XVI. COMPLIANCE MONITORING
IT IS FURTHER ORDERED that, for the purpose of monitoring Defendants' compliance with this Order:
A. Within 14 days of receipt of a written request from a representative of the Commission each Defendant must: submit additional compliance reports or other requested information, which must be sworn under penalty of perjury; appear for depositions; and produce documents for inspection and copying. The Commission is also authorized to obtain discovery, without further leave of court, using any of the procedures prescribed by Federal Rules of Civil Procedure 29, 30 (including telephonic depositions), 31, 33, 34, 36, 45, and 69.
B. For matters concerning to this Order, the Commission is authorized communicate directly with each Defendant. Defendant must permit representatives of the Commission to interview any employee or other person affiliated with any Defendant who has agreed to such an interview. The person interviewed may have counsel present.
C. The Commission may use all other lawful means, including posing, through its representatives as consumers, suppliers, or other individuals or entities, to Defendants or any individual or entity affiliated with Defendants, without the necessity of identification or prior notice. limits the Commission's lawful use of compulsory process, pursuant to Nothing in this Order
D. Upon written request from a representative of the Commission, any consumer reporting agency must furnish consumer reports concerning Individual Defendant.