Trademark Trial and Appeal Board Electronic Filing System. 3935
`
`ESTTA Tracking number: ESTTA27428
`
`Filing date3
`
`03/04/2005
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91163877
`
`Defendant
`AGRIGENIC FOOD CORPORATION
`AGRIGENIC FOOD CORPORATION
`5152 Bolsa Ave STE 101
`Huntington Beach, CA 926491047
`
`Robert Kavanaugh
`’ AGRIGENIC FOOD CORPORATION
`
`Add
`
`“SS
`
`,5152 Bolsa Ave STE 101
`1
`g Huntington Beach, CA 926491047
`
`and Literature
`
`*i
`
`VVVVVVVVVVVVVVVVVVVVVV
`Sllb]IllSSl0Il
`
`Signature
`Date
`
`Attachments
`
`/Robert G. Kavanaughl
`03/0472005
`Exhibit 45 - Biotec Foods - Hawaii, Ltd (circa) 1990-Training Manual
`and Literature.pdf ( 103 pages )
`
`

`
`FROM CORP.
`
`Nov. 15, 1987
`
`E
`
`COMPA N Y POL_I CY (Business
`Plan )
`
`10 PERATIONS
`
`_ FOR
`
`1 . Accept Orders
`ACCEPT ORDERS FROM THE OUTSIDE WORLD. REMOVE ALL EMOTION
`FROM THEM. MAKE SURE THEY ARE CLEAR.
`LABEL AND PACKAGE
`THEM BY WRITTEN COMPANY POLICY SO THAT STEP TWO CAN OCCUR.
`
`2 .
`
`SI-I I P OR D E RS
`
`FOLLOW THE WRITTEN PROCEDURES FOR THE PURPOSE OF RETURNING
`THE PROPERLY FILLED ORDERS TO THE OUTSIDE WORLD.
`
`3.
`
`Collect Nloney
`UPON NOTICE THAT STEPS ONE AND TWO HAVE BEEN ACCOMPLISHED.
`COLLECT THE MONEY AGREED TO IN STEP ONE FROM THE OUTSIDE
`WORLD.
`
`THE worms WRITTEN HEREIN COMPRISE THE ENTIRE CONTRACT BETWEEN
`OWNER AND EMPLOYEE.
`
`

`
`Nov. 15. 1987
`
`/
`
`(:()I\/lPAl\IY POLICY
`
`Definition of Owner‘ or‘ Ern lo er‘
`
`THE PERSON WHO WRITES COMPANY POLICY.
`THE PERSON WHO FORMULATES THE BUSINESS PLAN.
`THEY ARE THE SAME THING.
`-
`
`IF THE POLICY IS SUCCESSFUL. THE RESULT WILL BE THAT THE AMOUNT
`OF WORK NECESSARY TO FULFIL.L THE CONTRACTS (ORDERS) MADE WITH THE
`
`OUTSIDE WORLD AS A RESULT OF THE SUCCESSFUL POLICY (BUSINESS PLEI
`CANNOT BE ACCOMPLISHED WITHOUT COMPRESSING THE WORK INTO A UNIT
`
`OF TIME . CAUSINC STRESS ON HIMSELF, THE OWNER.
`
`T0 RELIEVE THE STRESS CAUSED BY THIS COMPRESSION I-IE CONTRACTS
`IN WRITING WITH OTHERS WHO EITHER ARE NOT OCCUPIED AT PRESENT
`WITH IMPLEMENTING A BUSINESS PLAN OF THEIR OWN OR WITH THOSE WHOSE
`BUSINESS PLAN CONSISTS OF ASSISTINIG‘
`IN THE RELIEF OF THIS KIND OF
`TIME-WORK COMPRESSION.
`
`SINCE THE CONTRACT IS IN ‘WRITING, "EMPLOYEE" THUS CREATED
`KNOWS EXACTLY WHAT HE WILL BE PAID FOR HIS ASSISTANCE IN FULFILLING
`COMPANY POLICY (BUSINESS PLAN).
`
`WHEN THE EMPLOYEE ACCEPTS THE CONTRACT. MAKES THE AGREEMENT
`TO ASSIST AND START TO DO THE WORK THAT THE EMPLOYER ONCE DID.
`THE EMPLOYER FOR THAT "FUNCTION" OR "JOB DESCRIPTION" OR "HAT"
`IS LIMITED IN HIS COURSES OF ACTION TO TELLING THE EMPLOYEE...STOP!
`
`THE EMPLOYER ALWAYS RETAINS THE RIGHT TO DECIDE WHETHER COI\/IPAN_\(
`POLICY IS BEING FOLLOWED AND OF STOPPING THE JOB OR "HAT" IF HE FEELS
`IT IS NOT. WHEN THE EMPLOYER STOPS THE JOB OR "HAT" THE CONTRACT
`IS ENDED.
`
`THE EMPLOYER MAY DESIGNATE WHOMSOEVER HE CHOOSES TO SAY
`"STOP" AND IS NEVER REQUIRED TO GIVE A REASON FOR THE ORDER.
`
`VARIOUS INDUCEMENTS TO THE EMPLOYEE WILL EVOLVE AND BE EMPLOYED
`FOR THE PURPOSE OF ENTICING THE EMPLOYEE TO STAY AND CONTINUE TO
`BE PART OF A TEAM TO EMPLOY THE EMPLOYER'S COMPANY POLICY (BUSINESS
`PLAN) BUT THE RIGHT TO SAY "STOP" ALWAYS REMAINS WITHE THE EMPLOYER.
`
`THE RIGHT TO LEAVE AND EMPLOY ANOTHER BUSINESS PLAN (COMPANY
`‘
`POLICY) ALWAYS REMAINS WITH THE EMPLOYEE.
`
`
`
`

`
`Nov. 15.
`
`I987
`
`C(DIVIPAl\lY POL! CY
`
`1.
`
`2.
`
`Definition of an erngloxee
`
`A PERSON WHO ASSISTS SOMEONE ELSE TO IMPLEMENT THE OTHER
`PERSON'S BUSINESS PLAN (COMPANY POLICYI USUALLY BY TAKING OVER
`PART OF THE WORK CREATED BY THE SUCCESSFUL IMPLEMENTATION OF
`THE PERSON'S BUSINESS PLAN (COMPANY POLICYI
`
`A PERSON WHO ASSISTS SOMEONE ELSE WHOSE WORK LOAD HAS INCREASED
`IN VOLUME. DUE TO SUCCESSFUL IMPLEMENTATION OF AN EMPLOYER'S
`BUSINESS PLAN (COMPANY POLICYI, SO MUCH THAT THE PERSON FINDS
`IT DIFFICULT TO EXPEDITE THE WRITTEN COMPANY POLICY WITHOUT
`COMPRESSING THE WORK INTO A UNIT OF 'TIME WHICH CAUSES STRESS.
`
`THE AGREEMENTS ARE CONTRACTS IN WRITING SO THAT THE EMPLOYEE
`WILL KNOW WHAT IS EXPECTED OF HIM AND WHAT HE WILL BE PAID FOR
`HIS ASSISTANCE IN IMPLEMENTING THE BUSINESS PLAN COMPANY POLICYI
`
`

`
`/
`
`CORAPANY POLICY
`
`0
`
`of a Sugervisor‘
`Definition
`A’
`A
`‘
`'A PERSON GIVEN AUTHORITY BY THE OWNER (EMPLOYER) TO SAY "STOP" TO
`
`A JOB DOER OR "HAT" WEARER IF HE PERCEIVES THAT THE AREAS OF COMPANY
`
`POLICY OVER WHICH HE WAS GIVEN AUTHORITY TO OBSERVE ARE NOT FOLLOWING
`
`THE WRITTEN COMPANY POLICY IN THE MANNER THEY WERE DESIGNED TO
`
`FOLLOW IT AND TO REPORT THE "STOP" ORDER AT ONCE BY THE METHODS
`
`PROVIDED BOTH TO THE EMPLOYER AND TO OTHER SUPERVISORS WHOSE ABILITY
`
`TO ACCOMPLISH THEIR WORK WILL BE ADVERSELY AFFECTED BY THE LACK OF
`
`OUTPUT OF THE JOB OR JOBS THE SUPERVISOR HAS STOPPED.
`
`WHEN SUCCESS, DUE TO ADHERENCE TO THE COMPANY BUSINESS PLAN
`
`ICOMPANY POLICYIINCREASES THE SUPERVISORS WORKLOAD TO THE EXTENT
`
`THAT HE MUST COMPRESS WORK INTO A UNIT OF TIME IN ORDER TO CARRY
`
`OUT HIS RESPONSIBILITIES, HE MUST WRITE A PROPOSED JOB DESCRIPTION
`
`OR "HAT" AND SUBMIT IT TO THE EMPLOYER SO THAT THE EMPLOYER CAN
`
`REMOVE THE STRESS CAUSED BY THE COMPRESSION OF WORK INTO A UNIT
`
`OF TIME EITHER BY REORGANIZING THE "HATS", AUTOMATINC OR HIRING
`. ADDITIONAL EMPLOYEES TO WEAR THE HATS (DO THE JOBSI.
`
`
`
`

`
`....................-yum-..u.fi.. ,.q.“.n...an.,«._...n....n...-....—n.‘“.a..___n........»._
`QQMPANY FHDLI CY
`
`NOV.
`
`I5.
`
`‘H38?
`
`"
` §_.S;aa9££§9£:
`UNDERSTAND THAT EVERY JOB IN THE COMPANY IS THE MOST IMPISARTANT
`JOB IN THE COMPANY on THE EMPLOYER WOULD NOT BE DOING THAT ms.
`THEREEDRE THE TDD DESCRIPTION IS WORTH WRITING DOWN. REMEMBER
`THAT EACH JOB You SUPERVTSE es voua awn. ACT AND TREAT THE
`PERSON DOING THE ma ACCQRDINGLY.
`’
`
`A sumzavnseas PEEPDHTHANEE IS JUDEED S€.)£..ELY av How EFFECTIVELY
`HE CAN MAKE THE JOB OF SUPERVISOR OBSOLETE AND UNNECESSARY.
`
`UNDERSTAND THAT, AS WITH THE EMPLOYER. THE omv AUTHORITY es
`THE AUTHORITY TO SAY "STOP" AND HAVE THE COMMAND ENFORCED
`WHEN THE SUPERVISOR SEES THAT-EITHER THE JOB IS NOT BETNG DONE
`
`CORRECTLY, RELATIVE TO THE COMPANY POLICY "§3USII‘\$ESS PL,«4‘_s§I_” OR
`IN ORDER TO GIVE INFORMATION TO THE EMPLOYER SO THAT THE
`EMPLOYER MAY COORDINATE THE JOB WITH OTHER JOSS TC3 IWDVE THE
`COMPANY BUSINESS PLAN FORWARD.
`
`WRITE A HAT OR JOB DESCRIPTION FOR EACH JOB THAT IS TO BE DONE
`AND FOR EACH JOB THAT IS TO BE CREATED AND KEEP IT IN A FOLDER
`IN THE WORK AREA AT ALL TIMES.
`THE JOB DESCRIPTION OR "HAT"
`CAN BE AS SIMPLE AS "SWEEP THE FLOOR" OR AS COMPLEX AS IT NEEDS
`TO BE FOR ANOTHER SUPERVISOR OF THE EMPI-CéYER°S CHOICE TO FOLLOW
`THE WRITTEN JOB DESCRIPTION AND GET THE JOBS DONE FOR ANY
`PEREQQ OF TIME IF THE SUPERVISOR IS ABSENT.
`
`KEEP THE JOB DESCRIPTIONS CURRENT AT ALL TIMES.
`
`UNLESS THE SUPERVISOR WANTS TO STAY AT HIS DESK 21% HOURS A DAY
`365 DAYS A YEAR, KEEP A FOLDER CONTAINING ALL THE HAT?» IJOB
`DESCRIPTIONS)
`INCLUDING HIS‘OWN, A SEPERATE SHEET OF PAPER FOR
`EACH. AND MAKE SURE THE EMPLOYER KNOWS WHERE THE FOLDER IS
`LOCATED AT ALL TIMES.
`
`READ AND UNDERSTAND BOTH THE C(}MPAN‘:’ POLICY AND THE DEFINITION
`OF EMPLOYER, EMPLOYEE AND SUPERVISOR. MA§'{E SURE EACH HAT
`WEARER ALSO LINDERSTAINIDS.
`'
`
`IF A HAT IS NOT DESCRIBED CORRECTLY SAY *‘ST€3P“. REDESIQN THE
`HAT IN WRITINE AND REMOVE YOUR "STOP" INSTRUCTION. NOTIFY THE
`EMPLOYER IMMEDIATELY OF THE CHIANESE IN PROCEDURE.
`
`REPEAT N53. 7 AS I‘JIAN‘s" TIIVIES AS IS NECESSARY TO MAKE SURE THE "HAT"
`
`DESCF‘LIP‘TIQN" OR "JOB DESCRIPTION“ IS COMPLETE AND PERFORMS AS
`IT SHOULD.
`
`LEAVE OTHER SUPER\2'ISOR'S .HAT WEARERS ALONE. COORDINATE WITH
`THE SLIPERVISDR OR THE EMPL(}‘i'ER AS INSTRUCTED.
`
`LINDERSTANI3 THAT THE AUTHORITY TO ADD. ELIMINATE AND COORDINATE
`HATS IS THE JOB {IF THE EMPLBYER¢
`
`' "
`'
`'T'HE'éiiPE 'E'\}I's'.D%~i"s.' ‘JOB’ 155' T°c'>°<",3Es§IEI2'\'/E" 'T'D"s'E'E' ‘THAT’ THE‘ kéiéé’ 'Aa%'E'
`PERFORMING AS THEY WERE DESIGNED TO PERFORM AND MAKE SUGQESTIDNS
`sax: THE PROPER FORM AND MANNER TO HELP THE JOBS DPERATE BETTER STI
`
`
`
`

`
`DL§“‘§“§ElS (DI: A SUPERVISOR
`
`Discussion:
`
`A SUPERVISOR SHOWS OTHERS HOW TO DO SOME OF THE WORK THAT HE
`
`HIMSELF CAN NO LONGER DO BECAUSE OF SUCCESS OF THE BUSINESS PLAN-
`
`COMPRESSION OF WORK INTO THE LIMITED PERIOD OF TIME AVAILABLE.
`
`THE SUPERVISOR FIRST DOES THE JOB HIMSELF.
`
`HE WOULD NEVER ASK
`
`ANOTHER TO DO A JOB THAT HE HIMSELF WOULD NOT DO. HAS NOT DONE OF
`
`INCAPABLE OF DOING.
`
`THERE IS WORK TO BE DONE. WORK TAKES TIME IF THE TIME IS AVAILA
`
`THE SUPERVISOR DOES IT.
`
`IF THE TIME IS NOT AVAILABLE IHIS OWNI HE WRITES A JOB DESCRIPTIC
`
`FOR THAT PART OF THE WORK HE IS UNABLE TO DO DUE TO TIME LIMITATIO
`
`IF HELP IS NEEDED HE SIMPLY INFORMS THE EMPLOYER IN WRITING OF
`
`THE FACT BY WRITING A JOB DESCRIPTION THAT WILL REMOVE THE COMPRES
`
`OR THE BUSINESS PLAN WILL NOT PROCEED SMOOTHLY.
`
`
`
`

`
`
`
`PHONE NO. 800-468-7578
`FAX 809-943-6981
`
`
`
`VACATION POLICY
`
`374
`
`AFTER ONE (1) YEAR OF CONTINUOUS SERVICE:
`
`One (1) week of paid vacation at a rate *determined by adding
`the prior year's total salary and dividing it by 52 (weeks).
`
`Two (2) years of continuous service is the same as above.
`
`0000000000000000000000D0000ODOOOODOOOODOOOODOOOOOOOOOOOOOOODOOOOOOO
`
`AFTER THREE (3) YEARS OF CONTINUOUS SERVICE:
`
`Two (2) weeks of paid vacation at a rate determined as above*.
`
`Four
`
`(4) years of continuous service is the same as above.
`
`00000000000000000000OOOOOOOOOOOOOOOOODOOOOOOOOOOOOOOOOOO00000000000
`
`AFTER FIVE (5) YEARS OF CONTINUOUS SERVICE:
`
`Three (3) weeks of paid vacation at a rate determined as above*.
`
`Five (5)
`
`to ten (10) years is same as above.
`
`D0000O00O000000D000000000D0000DDOOOOOOOOOOOOOOOOOOOOOO0000000000000
`
`AFTER TEN (10) YEARS OF CONTINUOUS SERVICE:
`
`Four
`
`(4) weeks of paid vacation at a rate determined as above*.
`
`Note:
`
`An attempt will be made to accommodate time of vacation
`requests-—but
`the company reserves the right to set
`the
`time of vacations.
`
`The Vacation Policy applies to full—time Hawaii System
`employees only.
`
`
`
`BIOTEC
`
`FOODS-INTERNATIONAL
`
`2615 SOUTH KING STREET. SUITE 209
`
`HONOLULU. HAWAII 96826-3243 USA
`
`

`
`BIOTEC POLICY NUMBER 701
`
`TO:
`
`FROM:
`
`SUBJECT:
`
`All Employees
`Jim Fahey, CE&TF
`
`June 7, 1989
`
`BIOTEC POLICY for Handling Individuals Desiring
`to Purchase Product Directly
`
`It is our policy that BIOTEC Foods and BIOMED Foods shall not
`Our operations are strictly
`sell directly to retail customers.
`at the wholesale
`and distributor levels. This policy applies
`
`to all employees.
`
`Since BIOTEC Foods has published toll—free numbers in both
`mass advertising publications and promotional literature, it
`has been inevitable that we would receive many inquiries from
`individuals wishing to buy directly from BIOTEC Foods.
`
`1.
`
`Individual customers wishing to purchase directly should be
`handled in the following manner:
`--
`A.
`Each individual shall be informed that BIOTEC Foods an
`
`BIOMED Foods sell only to licensed retail outlets with a
`business address.
`Individuals listed in the phone book
`as "distributors" for multi—level companies do not meet
`this requirement.
`If possible,
`they will be referred to the nearest health
`food store or Doctor as determined by zip code listings.
`If retail distributors do not exist at a location near
`
`B.
`
`C.
`
`they will be referred to a list of mail
`the individual,
`order distributors with toll—free numbers to handle
`individuals.
`
`2.
`
`Implementation of this policy will be by the following
`procedure:
`A. Tele-Support persons will be informed of this policy by
`receiving a copy in writing from the Tele—Support
`Manager.
`A form letter will be written from Customer Service that
`will:
`
`1) Explain the policy.
`2) Have space for the insertion of 3 retail outlets as
`determined by zip code.
`3) Provide a list of mail order distributors who
`service retail customers at normal retail prices.
`These distributors must have toll—free (800) numbers
`available and procedures to handle credit card orders.
`Verbal
`inquiries will be fielded by Tele-Support persons
`as follows:
`
`1) The policy will be explained.
`2) Zip codes will be used to find nearby outlets.
`3) 800 numbers will be given out.
`-
`4) The name and address will be obtained for referral to
`Customer Service.
`
`Written inquiries will be handled by Customer Service by
`written response with the form letter.
`
`D.
`
`
`
`

`
`///////x
`
`\
`/é
`’/a
`
`s\\\\\\\\//
`
`October 1, 1990
`
`Mr. Jeff Tong
`3638 Waialae Avenue
`
`Honolulu, Hawaii 96816
`
`Dear Jeff:
`
`Thank you so much for your input regarding minimum order size.
`
`If we are to succeed as a society, each of us must make a contribution to that society,
`and the primary purpose of a company is to provide the machinery to allow each of us to make
`the maximum contribution.
`
`As CEO, my prospective must be broadest and most general with regard to how we as a
`company - a team - can make the maximum contribution to the society in which we reside first
`as Kaimuki—ians, then Hawaiians, then Americans, and residents of planet Earth.
`
`From these lofty general perspectives, we are able to allow you to make very specific
`contributions to specific members of society, your customers.
`
`In sales, you represent the rest of us who support you to the world and your input allows
`us to formulate plans that allow us to best perform our primary objective - to serve each
`customer as if he were the only one in the knowledge that he will grow and become an even
`better customer.
`
`As a wholesaler, we must perform a positive economic service to each of our customers
`or they will no longer be customers. Indeed, they will no longer remain in business at all. The
`company, your support team, provides you with the tools to assist your customers to prosper.
`Your skill at communicating these tools largely determines your success and the success of the
`rest of us, your support team.
`
`Some of your customers will prosper and others will grow at a more steady rate but one
`first principle will remain: The nutritional deficiencies that create the need for our products
`will still be there until relieved, and our products will provide bodies with the tools necessary
`to heal
`if they are degenerating and to remain healthy vibrant and beautiful
`longer if the
`degenerative process has not gone into a symptomalogical stage as yet.
`
`Please remember one thing all of us who have been in sales have had to relearn many
`times: differences in personality, prospective and interests dictate that just because I could get
`nowhere helping one of my customers reach his economic objectives does not mean that no
`one else can.
`If you get nowhere with a customer in four months, gracefully allow that
`customer to pass to another rep who may very well be able to help him to use our products to
`
`blotec lntemaijonal Center
`800-468-7578
`
`Ei'i{)’i‘E1C l?‘UOD__§f_QRPOl?£~.flfl£3lN'
`USA
`0
`1215 Cs:/nter Street
`Honolulu, llaw::ii”EK)T6f3Kl6—32i2-E3
`808-739-5000
`l7‘;-r): B08~7I’§?—i3’i'5<‘.-
`
`
`
`

`
`7%////fl%%
`
`/
`
`V
`
`%////xx/////////%
`
`0
`
`October 1, 1990
`Page 2
`
`the fullest. By keeping our company focus on helping the customer, we will best serve
`ourselves in the long run.
`
`Effective at once, $75 per month in purchases for three of the prior four months will be
`the standard for switching accounts. This is a working average developed from sales statistics
`over the past five years.
`
`.
`
`WJF:mg
`
`Very truly yours,
`:7
`'
`,>"i".»;.-‘_... 1,
`
`W IAM JAMES FAHEY
`
`
`
`

`
`//////I
`
`V
`
`_
`
`\\
`
`BECWE (""3
`
`October 5, 1990
`
`Mr. Jeff Tong
`3638 Waialae Avenue
`
`Honolulu, Hawaii 96816
`
`Dear Jeff:
`
`In order to support you and your success, each sales person is to be assigned 200
`chiropractors and 200 veterinarians from our database.
`
`See your manager about the best way to use Telepro to make these leads into sales.
`
`These groups have been the subject of a two—year advertising campaign - $750,0_00 in
`expenditures. This means the veterinarian will recognize the company, Biovet International,
`and the products, as well as the distributors. This recognition and preconditioning means sales
`for £1.
`
`VETERINARIAN S
`
`1. Back cover of Vet Forum:
`
`5 issues in 1989
`3 issues in 1990
`
`93”!”
`
`2 national mailings
`4 articles by veterinarians in veterinary publications
`12 product announcements in three publications
`
`To maximize your respectfulness, the proper word is veterinarian, not vet.
`
`Biovet International has name recognition: fl the major veterinary distributors carry
`our products. Most have for over 10 years. To you,
`this means stability, strength and
`dedication to this industry for a very long time. This means sales for you.
`
`I can’t stress enough the importance of getting an order for one of our distributors!
`
`1. They each have 40 salesmen or more who call on 10 veterinarians per day.
`
`2. You get a 6% commission for getting the order for a distributor. Separate order
`form to your manager. Remember, they do not stock literature, except for flyers to
`be sent out with their statements and special mailings. They do not stock samples -
`that’s your job.
`
`BiotecilnternatTonal”I3enter
`800468-7578
`
`BIOTEC l*‘GOl.3 CORPORIXTION
`1.33.»,
`1215 Center Street
`Honolulu, Hawaii s.‘a€~.a1e3225
`so8—7;::9—5o00
`808-711?-577$.
`
`
`
`

`
`October S, 1990
`Page 2
`
`3. Attendance with a booth at 30 trade shows in 1989 and 1990
`
`4.
`
`5.
`
`4 full—page ads in '1‘1*’1c American Chiropractor in 1990
`
`2 full-page ads with accompanying article and postcard in Chiropractic Economics
`- one running right now
`
`6. At least two national mailings to every chiropractor in the nation, four mailings to
`many groups.
`
`This exposure allows you to present your case to the chiropractor if you use the tools
`and training that have been p1‘0'v'l(l(‘){l to you using financial resources that are our very blood
`supply.
`
`I have put the future of the company in your hands. let me be very blunt. Not one of
`you who has answered the phone for an hour hasn’t had someone call, sometimes crying,
`saying that our foods do things for their bodies that drugs never could.
`
`With the products and their ability to help peo le — we have been truly blessed. For
`years, realizing that, every con man in the country has )een saying he has "the same thing at a
`lower cost." It isn’t, of course, but if and when we stop to answer the con men, we are taking
`our focus from our own destiny; from that person, or dog or cat, for that matter, that we can
`help with our special foods. We breathe life into the con men by answering them. We lose our
`focus - our mandate - to help the individual with the tools at hand.
`
`You have in your hands the most precious of gifts — the ability to help another human
`being. Since our first day of business, Biotec has been dedicated to doing just that. We exist
`for the purpose of making life better for the people we serve. Your managers are here to show
`you how to bring those gifts to as many people as possible and to enrich yourself in the process.
`
`We have no defense against negative people who try to raise their own stature by
`ripping the c()mpany apart from within except to separate ourselves from them. As with all
`things, our success or failure rests with WllCll'l€:‘F we can overcome ()urselves for the good of the
`whole.
`
`Very truly you rs,
`
`.-y_
`,
`\z
`
`4
`~.
`
`‘L-»‘*w1LLiAM JAMES FAHEY
`Chief Executive Officer
`
`WJF:mg
`
`
`
`

`
`BIOTEC PROCEDURE NUMBER 507
`
`TO:
`
`FROM:
`
`All Managers & Supervisors
`,_
`Jim Fahey, CEO 4/==
`
`January 24, 1991
`
`SUBJECT:
`
`BIOTEC PROCEDURE on Backorder Shipping Notification
`to Sales Representatives and Other Departments
`
`This procedure applies to all employees.
`
`Effective IMMEDIATELY, whenever any shipments are on
`backorder,
`the Sales Department must be notified ip writing,
`with copies of the notice to the CEO, CFO, Customer Service
`Department
`(CBD), EDP,
`the Assistant Director of Domestic
`Sales. This includes non-COD orders beyond the scope of
`BIOTEC PROCEDURE NUMBER 517. Non—shipment of product orders
`continue to be returned to the CEO directly in accordance
`with the provisions of BIOTEC PROCEDURE NUMBER 502.
`
`If any order cannot be shipped by the gpg of the
`following business day, a report on each item pp; shipped is
`to be submitted directly to the CEO, Chief Financial Officer
`(CFO), C8D and the Director of Domestic Sales that same Q31.
`
`The report format below should be reproduced and must be
`used in each case to report any order other than COD not
`shipped by the following business day.
`
`TO:
`
`CEO, CFO, CBD and Sales
`
`’
`
`BIOTEC BACKORDER REPORT
`
`FROM:
`
`, Shipping Dept.
`
`SUBJECT:
`
`REPORT OF BACKORDER(s) NOT SHIPPED
`
`(Date)
`
`This is to report the following BACKORDER(s), other than
`COD, were not shipped today:
`
`order/Invoice Number
`
`Customer Number
`
`$ Amount of order
`
`order/Invoice Number
`
`Customer Number
`
`$ Amount of order
`
`order/Invoice Number
`
`Customer Number
`
`S Amount of order
`
`The reason the above order(s) were not shipped is as follows:
`
`
`
`

`
`BIOTEC PROCEDURE NUMBER 503
`
`TO:
`
`All Employees
`
`Revision ;
`
`FROM:
`
`Jim Fahey, CEO
`
`:75
`
`January 24, 1991
`
`SUBJECT:
`
`BIOTEC PROCEDURE on Shipping Deadlines
`
`The objective of this procedure is to ship every order
`before the end of the next business day.
`
`Effective IMMEDIATELY, every product order and all Tele-
`Support letters will be sent by the end of the next business
`day.
`A written report will be submitted directly to the CEO
`daily, and one copy to domestic Tele-support sales, with the
`reason stated yhy any product order or Tele—Support letter
`cannot be sent within this time period.
`
`The criteria for shipping categories of product is as
`follows:
`
`1, All domestic COD orders will be shipped Federal Express.
`
`2. All other term and guaranteed sales orders will be
`shipped by regular first class or priority U.s. mail,
`stamped at least twice on each box.
`
`3. All foreign orders will always be documented with a
`common carrier as designated by the international sales
`office.
`
`4. All orders over $1,000 will be sent with a written return
`receipt requested.
`
`
`
`

`
`JANUARY 1991
`DAILY msconn or EVENTS
`
`THURSDAY
`2401 Day
`3&1 Len
`
`

`
`PROPOSED B1§TEC POLECY NUMBER
`
`TO:
`
`FROM:
`
`All Sales Representatives
`
`January 21, 1991
`
`Jim Fahey, CEOJ1=
`
`(lst DRAFT)
`
`SUBJECT:
`
`PROPOSED BIOTEC Policy on Calls by Hawaii Sales
`Representatives
`
`This policy applies to all Hawaii Sales Representatives.
`
`The service of the customer is the only thing to date
`that has succeeded.
`(I stand ready to test any other ideas
`you might have.)
`
`Effective IMMEDIATELY, all customers in each Sales
`Representative's data base are to be contacted positively
`twice each month.
`If a customer is not contacted positively
`twice each month,
`they will be removed from your customer
`data base.
`
`If there are any comments to this proposal, positive or
`negative, please reply directly in writing to Steve Cobb by
`12:00 noon, Wednesday, Jan. 23, 1991, Hawaiian Standard Time.
`
`Name of Respondent:
`
`
`
`

`
`BIOTEC POLICY NUMBER 016
`
`TO:
`FROM:
`
`fa
`All Employees
`Jim Fahey, CEO:nr
`
`March 1, 1990
`
`SUBJECT:
`
`BIOTEC Policy on Our Corporate Strategy
`
`The purpose of this policy is to provide a coherent
`and clearly understood Corporate strategy for all our
`business ventures.
`
`This policy applies to all employees, managers and
`supervisors.
`
`Gambling in Las Vegas or Atlantic City is fun as long as
`you view it for what it is; ENTERTAINMENT... where:
`
`1.
`2.
`
`You always lose.
`You realize you may become addicted to the habit.
`
`At BIOTEC Foods, we never gamble, we test. We simply
`continue to test larger things as we grow,
`then continue to
`repeat the successful actions and avoid the unsuccessful
`ones.
`
`Therefore, our Corporate Strategy is:
`
`PERPETUAL REFINEMENT OF THE PROVEN
`
`
`
`

`
`‘u KLALN I
`
`’
`
`TU:
`. FRO!-1 I TSREP74
`RE: SALES STRATEGY
`DATE 1-22-91
`
`ClEO§:§.o
`
`.
`
`
`', «éI~ .
`
`.
`
`THAT EACH ACTION STARTED IS
`INSURE
`TO
`TAKEN
`15
`CARE
`SPECIAL
`(POLICY #008 "CDHFLETE THE
`COMPLETED.
`FOLLOWED THROUGH WITH AND
`CYCLE")
`For
`instance when a customer «or pUOSDGCtiVe customer:
`requests literature a fciiow up caik is immediately scnoouieo for
`10 to
`14 days
`later to make sure
`the literature was received,
`read and understood
`cieariy.
`This
`caik
`serves
`as
`a gentie
`reminder
`that
`they did
`request
`the
`iiterature and/or to answer
`any questions
`that
`they may
`have
`ahd/OP
`to
`name
`an order.
`Sometimes an additionai caII(sJ is needed to complete a cycie.
`I ALSO
`TRY TO
`CONTACT EACH
`CUSTOMER SOON AFTER THEY RECEIVE AN
`ORDER TO INSURE THAT THE ORDER NAS PROPERLY FILLED.
`INVOICED AND
`HANDLED BY
`THE SHIPPER.
`THIS QUICK CALL CUTS DOUN TREHENDOUSLY
`ON THE INFLUX OF CUSTOMER SERVICE/COMPLAINT CALLS.
`
`OF THE
`PRIME OBJECTIVE
`THE
`WHEN COMMUNICATING WITH A CUSTOMER
`AH HERE TO SERVE YOU, THE
`CALL IS
`TO RELAY
`THE MESSAGE
`THAT I
`CUSTOMER.
`I AM CALLING TO SERVE THE CUSTOHERtnot cailing just
`to
`take an order, but
`to see
`to it
`that aII
`the sane; staff are
`
`oeIng used
`is
`supply
`literature
`products,
`the
`educated about
`the month)
`appropriately and to tail
`them about
`the speciaI or
`AND IN
`TURN THE COMPANY IS SERVED. PART OF MY SUCCESS COHES FROM
`THE FACT THAT I TRY TO MAKE SURE
`THAT EACH
`OF THE
`SALES STAFF
`. KNOWS ABOUT ANTIOXIDANT ENZYMES AND FREE RADICAL PATHOLOGY AND I
`TRY TO SUPPLY ALL
`SALES
`STAFF
`IN
`THE VITAHIN DEPT.
`WHO ARE
`INTERESTED UITH A FREE
`SAMPLE.
`I HAVE FOUND THAT WHEN A SALES
`PERSON
`TAKES
`OUR
`PRODUCT
`REGULARLY
`AND
`EXPERIENCES POSITIVE
`IT
`RESULTS.
`THEY
`RECOMMEND
`HIGHLY
`To THEIR CUSTOMERS THEREBY
`INCREASING SALES DRAHATICALLY.
`
`I NEVER GANELE
`(POLICY sole:
`PERPETUAL REFINEMENT or THE FROVEN.
`WHEN
`IT
`COMES
`TO
`SERVING HY CUSTDHER'S
`INDIVIDUAL NEEDS.
`EDUCATION ABOUT
`AND EXPERIENCE WITH OUR
`PRODUCT IS
`THE KEY TO
`INCREASING SALES
`TO ALL
`ACCOUNTS REGARDLESS
`OF THE SIZE or THE
`
`519:2 THE
`AND
`§UQg§sSFUL ACTIONS
`THE
`STORE. THEREFORE REPEAT
`ONLY
`IS
`OUR
`CORPORATE STRATEGY THE
`NOT
`QNEQQOESSEQL ONES.
`PERPETUAL REFINEHENT or THE FROVEN. BUT IS ALSO
`MY DAILY INTENT.
`
`OF sALE$ HAS NEVER BEEN TO MAKE A QUICK SALE
`THE NATURE
`FOR ME.
`BUT MORE TO DEVELOP A LONG TERM RELATIONSHIP UITH EACH INDIVIDUAL
`ACCOUNT. THEREBY
`CULTIVATING GOOD UILL AND AN IMAGE OF A CARING
`AND
`SUPPORTIVE
`COMPANY.
`THIS
`TYPE
`OF
`SERVICE
`ENCOUEAGES
`A
`CONSISTENT PROGRESSION or SALES.
`
`A SALE OR NOT EACH CALL IS A SUCCESSFUL ONE
`HAVE MADE
`WHETHER I
`PROVIDED I HAVE FOLLOWED THE ABOVE GUIDELINES. MY DEFINITION OF
`SERVICE IS
`SIMPLY TO
`SERVE HY
`CUSTOMERS WITH
`THE SAME TYPE OF
`SERVICE I WOULD APPRECIATE GETTING FROM SOHEONE ELSE.
`AND SO, TO
`SERVE IS TO BE SERVED!
`
`.
`
`IB'd
`
`a2:sa9:9eaaQ-aazeass Oi
`
`zu 3aIoIa Noa ta d3HSi NOUJ
`
`99:"!
`
`IAEI/E3/I9
`
`
`
`

`
`January 21, 1991
`
`lawyers and
`(regulators, bankers,
`Every few years the non-productive sector
`is they who are responsible for not
`politicians) convinces the productive sector that it
`reaching the promised land. At this point, just when the productive sector is coming to
`realize that the non-productive sector is non-productive; the measure of productive vs. non-
`productive being whether income and influence is gained for the endeavor by doing
`something or causing something to be done in the case of productive, or interfering with
`something or keeping something from being done, in the case of non-productive (vis. create
`a shortage where none exists), the artificial screws are applied to the productive sector
`(creating the shortage). The boring methods always employed are:
`
`1. Regulation that serves no purpose save to build the regulatory
`bureaucracy. (Regulators)
`
`2. Check cashers engaging in the productive sector, and failing. (Bankers)
`
`3. The filing of lawsuits that serves no purpose for society but greatly
`enriches the lawyers and judges. (the Law)
`
`4. Bad laws, the result of the terror of politicians that they will have to
`return to Peoria and live in the mess they created by their excesses in
`their self—deification process until voila!-—a recession occurs. (Politicians)
`
`When a recession has finally been forced into existence by the non-productive
`sector, the productive sector is forced to look at its rather meager, by comparison, excesses,
`rather than at the massive excesses of the non-productive sector. The productive sector
`shrinks, and life goes on.
`
`That is what is going on in our company at present. We all are forced to ask
`ourselves, "How am I doing?" To assist you in that endeavor and return to reality, you need
`to know how the company views your performance.
`
`The first factor, of course, is that life is a daily thing so a month’s sales is simply
`addition of 22 days sales. A day’s sales is the addition of eight hours’ sales; an hour’s sales
`is the addition of 60 minutes’ sales; a minute’s sales is the addition of 60 seconds‘ sales -
`until you arrive at quid pro quo (do what you are doing right now!!!) Only from these can
`you go to qui vadis (Where am I going?)
`
`If you
`We have designed the company with but one thought in mind--your success.
`need a surrogate mother to help you to quid pro quo, one will be provided and part of your
`income will go to pay for that surrogate mother who will do nothing really but help you to
`ask yourself. "What am I doing right now?" Why not keep the money for yourself? The
`following tables will help you.
`
`The standards have already been set, so trying to convince the company why you are
`not working right now is mental masturbation.
`
`With 600 customers, the objective is to serve each of them as if they were the only
`0116. THIS IS THE STANDARD.
`
`JIM FAHEY
`
`
`
`

`
`/7” FM 7W5/W
`
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`
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`

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`
`
`
`

`
`July 13, 1990
`
`MEMORANDUM
`
`TO:
`
`All Telesupport Staff
`
`FROM:
`
`Rich Bailey
`
`SUBJECT: Biotec Policy on Health Food Distributors
`
`Please be advised that our policy is to sell direct only to health
`food stores, and we do not sell to distributors in the health food division.
`
`If you have any questions, please let me know immediately.
`
`o
`
`RB:mg
`
`
`
`

`
`.
`
`[_
`
`BIOTEC FOOD CORPORATION
`
`Computer Training
`
`| PROCEDURES ON USING ACCPAC ACCOUNTING SYSTEM AND TELEFRG SYSTEM I
`
`GETTING STMKTED
`
`- Turn on your computer.
`— Type in your name and password.
`
`The computer will now require about 8 minutes to set up partitions for the ACCPAC and
`Telepm systems, and your screen may go black. (That’s normal.)
`
`Error: If the message "Out of Memory" appears on your screen, turn off your computer for 15
`seconds and log in again.
`
`After 8 minutes, the Telepro menu shoulci appear on your screen.
`
`SWITCHING BETWEEN THE TWO SYSTEMS - TELEPRO AND ACCOUNTING
`
`.
`
`-
`-
`
`If you are in Telepro, press Alt-F2 to switch to ACCPAC.
`If you are in ACCPAC, press Alt-F1 to switch to Teiepro.
`
`- Use A!:-F1 and .41!-F2 to get back and forth between the ACCPAC and Teiepro systems.
`
`Tli’EE% ON USING ACCPAC ‘WINBGWI Ni} SYSTEM MANAGER
`
`— Press Enter to select the module of your choice (i.e., AR or OE)
`
`- When you select a module, it also means you are making that module active. When a
`module IS active, you can use it any time.
`
`— Press F4. Observe the two boxes. On the left side is the "Start List" (non-active
`modules; the right side bears the active module.
`
`- When you iiave two active moduies, you may use the F10 key to switch between the two
`rrrodules.
`
`—
`
`If two or more modules have been opened, press F4 to select the active module you
`wish to use.
`
`LOGGING GUT OF ACCPAC ANT} TELEPRG (QUYITING)
`
`- Press the Alt and Space bars together.
`
`- Use the cursor key to select Quit‘.
`
`- Answer Yes to the "Are you sure?"(prompt. (Be sure to save your work in Telepro (F9).
`This function will close all files an log you out.)
`
`RKACCPA
`
`
`
`

`
`BIOTEC FOODS-HAWAII
`
`.
`
`ACCEIQERATED TRAINING PROGRAM
`
`New Sales Representatives
`
`FIRST DAY
`
`9:00 a.m. - 6:00 p.m.
`
`Introduction to Biotec staff
`
`Orientation to Biotec Foods - Hawaii
`
`0 History
`0 Present status
`o Vision for the future
`
`Introduction to Biotec products
`
`0 Center presentations around current literature.
`0 Discussion
`
`O.
`
`Observation of TeleSupport Reps
`0 Out calls
`o In-coming calls
`
`Re-read literature.
`
`Review Telepro script.
`
`Complete Order Forms properly.
`
`Complete application and all employment forms:
`0 W2 Form
`0 Insurance Forms
`0 Vehicle Survey Form
`0 Information for Business Cards
`
`History of Biotec products
`0 How it all started
`0 Growing methods
`
`Visit a Health Food store.
`
`0 Observe their world.
`0 Talk to staff.
`
`o Notice Biotec-display.
`
`
`
`

`
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`
`SHIPPING ADDRESS)
`
`
`
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`
`
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`
`
`
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`
`.
`
`\__
`‘
`
`‘
`3
`
`SPECIAL
`NOTES
`
`50T
`
`A
`- _A us. Mail
`
`; WV. United Parce4 Service
`g
`4 UPS Fee Wawed
`3
`.
`- shipms address, am o1her address.
`'
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