DudeMeds Affiliate Program Terms and Conditions
Updated: March 19, 2025
Please read these Terms and Conditions carefully before joining the DudeMeds Affiliate Program.
Questions or concerns should be directed to:
care@dudemeds.com
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Affiliate") and DudeMeds, a U.S.-based telemedicine company ("DudeMeds" or "Brand"). By joining the DudeMeds Affiliate Program through Awin ("Affiliate Network"), you agree to be bound by these Terms.
1. Delegated Authority
1.1. Awin, as the Affiliate Network, acts as a delegated authority for DudeMeds to facilitate the Affiliate Program. Awin is not a party to this agreement and shall not be liable for any disputes, actions, or enforcement of these Terms.
1.2. Any disputes arising under these Terms are solely between you and DudeMeds. You agree not to seek any action, remedy, or liability against Awin for any matter related to this agreement.
2. Acceptance and Approval Process
2.1. By applying to the DudeMeds Affiliate Program, you acknowledge that acceptance into the program does not constitute approval to begin marketing activities.
2.2. You must obtain written approval from DudeMeds before commencing any marketing, promotion, or advertising activities. To obtain approval, you must submit a detailed marketing plan, including but not limited to:
- The specific marketing methods and channels (e.g., social media, blogs, email, etc.)
- Duration of the campaign
- All individuals or entities involved in the campaign
- A designated point of contact
- Ad copy, images, videos, and other creative assets
- Target audience demographics and targeting methods
- Compliance with U.S. data privacy laws, including HIPAA and the California Consumer Privacy Act (CCPA), where applicable
- Any other information DudeMeds deems necessary to ensure transparency and compliance.
2.3. DudeMeds reserves the right to approve, reject, or request modifications to your marketing plan at its sole discretion.
3. Consequences of Breach
3.1. Any breach of these Terms will result in the following actions, without exception:
- Pending commissions will be declined.
- Approved commissions will be reversed and declined.
- Commissions already paid out must be returned to DudeMeds within 10 business days of notification.
3.2. You are solely responsible for remedying any breach at your own time and expense.
3.3. You waive any right to legally challenge a breach determination or seek remedy through Awin or any third party.
4. Marketing Standards and Approval
4.1. You acknowledge that no marketing, promotion, or advertising of DudeMeds may be conducted without prior written approval from DudeMeds. For clarity, acceptance into the Affiliate Program does not constitute approval to market.
4.2. It is your sole responsibility to ensure all marketing activities comply with DudeMeds’ standards, U.S. healthcare advertising regulations, and applicable laws, including but not limited to:
- Federal Trade Commission (FTC) guidelines on endorsements and testimonials.
- Food and Drug Administration (FDA) regulations on advertising prescription drugs.
- HIPAA compliance for any handling of protected health information (PHI).
4.3. You must submit all marketing materials (e.g., ad copy, images, videos) to DudeMeds for review and approval prior to publication, without exception.
4.4. Your own marketing standards may not be used in place of DudeMeds’ written standards. If you are unsure of DudeMeds’ standards, you must seek clarification from DudeMeds before proceeding.
5. Third-Party Agreements
5.1. Any insertion orders, written agreements, or contracts related to this Affiliate Program are solely between you and DudeMeds.
5.2. If a third party (e.g., an agency or consultant) facilitates an agreement, they shall not be liable for any clauses in the agreement, and this provision shall supersede any terms or agreements that attempt to assign liability to the third party.
6. Transaction Disputes
6.1. Any disputes regarding transactions (e.g., declined sales) must be submitted in writing with supporting evidence within 5 business days of the decline notification. Disputes submitted after this period will not be considered.
6.2. You accept that DudeMeds’ determination on transaction disputes is final and made in good faith. You waive any right to challenge the decline of sales.
7. Representation of the Brand
7.1. You agree to represent DudeMeds with the highest level of care, diligence, and professionalism. You shall not portray DudeMeds in a manner that could harm its reputation or cause consumers to view the Brand negatively.
7.2. All marketing must comply with U.S. healthcare advertising laws, including clear disclosure of your affiliate relationship as required by the FTC.
8. Third-Party Involvement
8.1. If you engage third parties to promote DudeMeds on your behalf, you are fully liable for their actions. You must ensure they comply with these Terms in full.
8.2. You must provide DudeMeds with full details of any third parties involved, including their identity and marketing plans, and obtain written approval before they begin any promotional activities.
8.3. Any breach of these Terms by a third party acting on your behalf will be treated as a breach by you. You are solely responsible for any costs, losses, or damages resulting from their actions, and you may not pass these liabilities to DudeMeds or Awin.
9. Prohibited Practices
9.1. You are strictly prohibited from using any fraudulent, deceptive, or unethical practices, including but not limited to:
- Bots, artificial intelligence, cookie stuffing, click bots, spoofing, fake impressions, malicious software, or fraudulent sales techniques.
- Any technique that DudeMeds, at its sole discretion, deems dishonest or non-legitimate.
9.2. Any violation of this clause will result in the immediate decline of all pending and approved commissions, and any paid commissions must be returned to DudeMeds in full, with no time limit on enforcement. You waive any right to contest or seek legal remedy for such actions.
9.3. If you are unsure about the legitimacy of a marketing practice, you must seek written approval from DudeMeds before proceeding.
10. Asset and Ad Copy Approval
10.1. All assets, ad copy, and creative materials must be approved in writing by DudeMeds before publication, without exception.
10.2. The use of toolbars, scraping software, or any technology to harvest code, incentives, or data related to DudeMeds is strictly prohibited.
11. Product Samples and Gifts
11.1. Due to the nature of DudeMeds’ business involving prescription drugs, product samples are not typically provided. However, if DudeMeds provides any promotional items, gifts, or services, you agree to create favorable promotional content within 14 days of receipt.
11.2. Failure to create promotional content within 14 days will result in an obligation to pay DudeMeds the retail value of the item or service within 1 business day of notification.
12. Cashback and Voucher Promotions
12.1. Cashback promotions may not include the use of coupons, vouchers, or incentive codes unless DudeMeds provides express written consent prior to publication.
12.2. Affiliates utilizing cashback methods are responsible for preventing fraud and covering any costs, losses, or damages caused to DudeMeds or Awin due to fraudulent activity.
12.3. The promotion of any voucher, coupon, incentive, or promotion without prior written consent is strictly prohibited.
13. Content Guidelines
13.1. Reviews, blog posts, or any written content may not portray DudeMeds unfavorably without prior written consent.
13.2. All content must comply with FTC guidelines, including clear disclosure of your affiliate relationship with DudeMeds.
14. Email Marketing
14.1. Email marketing, including the use of databases, must comply with the following:
- All recipients must have double opted-in to receive messages.
- Data must not be gathered using incentives.
- Data must comply with U.S. privacy laws, including the CAN-SPAM Act and, where applicable, HIPAA and CCPA.
14.2. You are solely responsible for any non-compliance, including damages, losses, fines, or penalties resulting from violations.
15. Pay-Per-Click (PPC) and Bidding Restrictions
15.1. Pay-per-click advertising or bidding on DudeMeds’ brand terms (including abbreviations, misspellings, or slang) is prohibited unless you receive prior written consent from DudeMeds.
15.2. This restriction applies to platforms such as Google Ads, Bing Ads, and any other search engine or advertising network.
16. Display Advertising
16.1. Display advertising, including retargeting, must be pre-approved by DudeMeds. You must submit the following for approval:
- All assets and ad copy.
- Audience targeting details.
- Environments where ads will be served.
16.2. Transparency is required, and no display advertising may proceed without written consent.
17. Aggregation and Comparison
17.1. If you use aggregation or comparison methods to market DudeMeds, you must ensure all products, ad copy, pricing, and imagery are accurate and up-to-date.
17.2. You must notify DudeMeds of any changes to the position, location, ad copy, or imagery of DudeMeds’ products and obtain written consent for such changes.
18. CSS, Google Shopping, and Bing Shopping
18.1. Bidding on CSS, Google Shopping, Bing Shopping, or any shopping comparison ads using DudeMeds’ brand terms, misspellings, or abbreviations is prohibited without prior written consent.
19. General Marketing Approval
19.1. Any marketing method not explicitly covered in these Terms requires prior written approval from DudeMeds. Consent must always be in writing and cannot be implied under any circumstances.
19.2. Approval for one marketing activity does not constitute approval for another. You must seek approval for each instance of marketing, without exception.
19.3. Non-enforcement of any provision in these Terms does not imply consent, and DudeMeds reserves the right to enforce these Terms at any time.
20. Governing Law and Jurisdiction
20.1. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles.
20.2. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to the jurisdiction of such courts.
21. Miscellaneous
21.1. Any ambiguity, misspelling, or grammatical error in these Terms cannot be used to justify actions that DudeMeds interprets as a breach. You must seek clarification from DudeMeds if you are uncertain about any provision.
21.2. DudeMeds reserves the right to update these Terms at any time. Updates will be communicated via email or through the Awin platform, and your continued participation in the Affiliate Program constitutes acceptance of the updated Terms.
