Appendix B

NOTICE BY
Performance Marketing Ltd
Re: Diet Patches

The Commissioner of Competition has concluded that certain representation as made by Performance marketing Ltd, Kevin Atkinson and Duane Gartman, for the promotion of the Dyapex and Zyapex Diet Patches were false or misleading in a material respect contray to paragraph 74.01(1)(a) (“false or misleading representation”) and paragraph 74.01(1)(b) (“adequate and proper test”) of the misleading representations and deceptive marketing practices provisions of the Competition Act.

Link: www.ct-tc.gc.ca
Direct to Agreement: http://www.ct-tc.gc.ca/CMFiles/CT-2004-014_0001b_45ORB-12132004-5211.pdf

Representations
These representations gave the false and misleading general impression that the use of the Dyapex and Zyapex Diet patches would, without the need for dieting or physical exercise:

- cause weight loss in the range of 3 to 8 pounds every week:
- reduce appetite, control cravings and speed up metabolism; and
- is a safe natural weight loss product.

The company has agreed, among other things, to stop using SPAM as a means of marketing, to change the representations it makes on its corporate and affiliate websites, to establish and maintain a compliance program to ensure that it abides by the deceptive marketing provisions of the Competition Act.

Refund
The company has also agreed to refund the purchase price of the patches to any person who purchased the Dyapex and/or Zyapex Diet Patches from the company in the period from January 1, 2004 to the present. Details with respect to how to obtain a refund may be found at Dyapex, Zyapex Diet Patch Refund.