Gundry MD (US)

Gundry MD Affiliate Terms & Conditions (the “Terms”), Updated 02/23/24

Please read our Terms carefully before you join our Program or begin marketing our Program. These Terms are written in plain language intentionally minimizing legalese to ensure they may be clearly understood and followed by Affiliates. Each Affiliate is responsible for compliance with these Terms and shall be directly liable to Agoura Health Products, LLC and its parent, affiliate and subsidiary entities, collectively a/k/a “Gundry MD,” for any non-compliance by the Affiliate, its employees, agents and/or contractors. Thank you. ES PROVISION. ____ (Initial here)

DEFINITIONS: As used in these Terms: (i) “We”, “us”, or “our” refers to Gundry MD, our brand and websites; (ii) “Affiliate”, “you” or “your” refers to the entity that is entering into this Program; (iii) “our website” refers to the Gundry MD properties (iv) “your website” refers to any websites that you will link to our website; (v) “Program” refers to this Gundry MD Affiliate Program using the AWIN service in which you have enrolled, via which you can download materials and linking codes to promote Gundry MD on your websites in exchange for a commission on customer referral sales. 

ENROLLMENT: After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program. We reserve the right to reject any application for any reason, in our sole discretion. However, you may contact us if you feel we have rejected your application without due consideration. Including all the websites that you use in your profile will help us make a better decision. 

COMMISSIONS: While you are a participant in the Program in good standing, you will be paid a commission for each completed referral sale made by a customer directed through your advertisements. The commissions and payment terms for such referral sales are set forth within the AWIN platform. You must earn a minimum of $200 in commissions with Gundry MD before your commissions will be paid out. Commissions will be paid in accordance with the then-current information in your Affiliate account. It is your sole responsibility to keep your Affiliate information (including, but not limited to, your company name, address, e-mail address, and telephone number) current, and to promptly notify us of any changes. Upon termination of your participation in the Program, any earned but unpaid commissions in amounts less than $200 will be paid to you via check mailed to your last address on file. 

WEBSITE RESTRICTIONS: Your participating website(s) may not: 1. Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights. 2. Violate any law, rule or regulation. This includes advertising laws in your state of residence and the regulations of federal entities, such as the FDA and the FTC. 3. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials, or promotes and encourages gambling (even if not illegal in your jurisdiction). 4. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information. 5. Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of Affiliate commissions from another website. This includes toolbars, browser plug-ins, extensions and add-ons. 6. Promotion of Gundry MD’s brand or products may not include the following words, ‘Scam’, ‘Fake’,’ Legit’. Nor should it contain fake brand damaging reviews or native advertising (as further described below). 

LINKING TO OUR WEBSITE: Upon acceptance into the Program, links will be made available to you through the AWIN platform. Your acceptance in the Program means you agree to and abide by the following. 1. You will only use linking code obtained from the AWIN platform without manipulation. 2. All domains that use your Affiliate link must be listed in your Affiliate profile. 3. Your website will not in any way copy, resemble, or mirror the look and feel of our website. You will also not use any means to create the impression that your website is our website or any part of our website including, without limitation, framing of our website in any manner. 4. Your website may not show up in a superior position in search for a term directly linked to the Gundry MD brand. If it does, you must take the appropriate steps to either no longer be indexed for the phrase or strip keywords used in on-page SEO tags and text to fall out of the index for the relevant term(s). 5. You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating). 6. Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited. We reserve the right to reverse earned commissions for violations of these Terms which occur within the 30-day period prior to reversal. This does not include using “out” redirects from the same domain where the Affiliate link is placed. 

PPC GUIDELINES: If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows: 1. You may not bid on any of our trademarked terms, including any variations or misspellings thereof for search or content based campaigns on Google, MSN, Yahoo, Facebook or any other network. 2. Trademarked terms are inclusive of the Gundry MD’s branding as well as product names. 3. You may not use our trademarked terms in sequence with any other keyword (i.e. Gundry MD Coupons). 4. You may not use our trademarked terms in your ad title, ad copy, display name or as the display URL. 5. You may not direct link to our website from any Pay Per Click ad or use redirects that yield the same result. Affiliate links must be directed from an actual page on your website. 6. You may not bid in any manner appearing higher than Gundry MD for any search term in position 1-5 in any auction style pay-per-click advertising program. If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your campaigns and we strongly suggest you add our trademarked terms as negative keywords. We have a strict no tolerance policy on PPC trademark bidding. We reserve the right to reverse earned commissions for violations of these Terms which occur within the 30-day period prior to reversal. 

COUPON GUIDELINES: Gundry MD may provide coupons, or coupon codes, for you to use as part of the Program. The offering of coupons or coupon codes via the Program is in our sole discretion and may be terminated by us at any time. If you are enrolled in our Program and you desire to have your website promote any such coupon codes, you must adhere to our Coupon Guidelines as follows: 1. You may ONLY advertise coupon codes that are provided to you through the Program. 2. Posting any information about how to work around the requirements of a coupon/promotion (i.e. first time customers only) will result in removal from the Program. 3. Coupons must be displayed in their entirety with the full offer, valid expiration date and code. 4. You may NOT use any technology that covers up the coupon code and generates the Affiliate click by revealing the code(s). 5. You may NOT advertise coupon codes obtained from any non-Affiliate marketing channel, including coupon codes from our email, paid search or any other non-Affiliate advertising campaigns. 6. You may NOT give the appearance that any ongoing offer requires clicking from your website in order to redeem. For example, if all items on the site have free shipping over $100, you may not turn this into an offer that infers that the customer must click from your site to get this deal. Additionally, if your website ranks on the first page of Google for terms related to our website name(s) and/or trademarked terms combined with the words coupon, coupons, coupon code, promo code, etc. and/or your conversion rate exceeds 25%, you may be offered a lower commission than our standard rate to offset the reduced profitability of orders. The current rate is $0. 

USE OF SUBCONTRACTORS: Promoting Gundry MD through a sub-affiliate network is permitted, however you must be completely transparent with regards to where traffic from your sub-affiliates originated. Sub-affiliate networks must ensure that all sub-affiliates promoting the Gundry MD program adhere to our program Terms. This includes restrictions on advertising through toolbars, browser extensions, and through any paid placements such as a pay-per-click campaigns. Sub-affiliate networks must also receive approval prior to allowing any type of coupon sub-affiliate to promote the Gundry MD program. Failure to comply with our sub-affiliate network terms may result in a loss and/or reduction of commission from sales made through any sub-affiliate that does not comply with our program terms.

DOMAIN NAMES: Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited, i.e. gundrymd.website.com or www.gundrymd-coupons.com. 

ADVERTISING & PUBLICITY: You shall not create, publish, distribute, or print any written material that is distributed in hardcopy/physical form that makes reference to our Program, brand or products without first submitting that material to us and receiving our prior written consent. You may not edit materials that we provide to you unless we have approved in advance. If you intend to promote our Program via e-mail campaigns, you must adhere to the following:

1. Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.
2. E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of Gundry MD.
3. E-mails must first be submitted to us for approval prior to being sent or we must be sent a copy of the e-mail. 

SOCIAL MEDIA: Promotion on Facebook, Twitter, and other social media platforms is permitted following these guidelines: 

1. You ARE allowed to promote offers to your own lists; more specifically, you’re welcome to use your Affiliate links on your own Facebook, Twitter, etc. pages. For example:  You may post, “25% off sale at Gundry MD through Wednesday with code Gundrymd25.” 
2. You ARE PROHIBITED from posting your Affiliate links on Gundry MD Facebook, Twitter, Pinterest, etc. pages in an attempt to turn those links into affiliate sales.
3. You ARE PROHIBITED from running Facebook ads with Gundry MD trademarks.
4. You ARE PROHIBITED from creating a social media account that includes Gundry MD trademarks in the page name and/or username.

REVERSAL & COMMUNICATION POLICY: Gundry MD takes pride in its very low reversal rate, which we attribute to open communication with our Affiliates. However, we reserve the right to reverse commissions due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these Terms. 

Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our Terms, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy: 

1. You are not forthcoming, intentionally vague or are found to be lying.    
2. You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile. 
3. You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.

If any of the above apply, then we reserve the absolute right to reverse orders, set your commission to 0% or suspend you from the program for the period or orders in question. We know that many violations are a result of automated processes; however, it is incumbent upon each Affiliate to ensure that it has the appropriate checks and balances in place to pro-actively address these issues and adhere to our Program rules.

FTC DISCLOSURE REQUIREMENTS: ​You must include a disclosure statement within any and all pages, blog/posts, or social media posts where Affiliate links for our Program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement, and comply with all applicable laws and regulations. If you received the product for free from us or from the Program team for review, this also must be clearly stated in your disclosure. 

NATIVE ADVERTISING: You may not engage in so called “native advertising” to promote the Gundry MD brand as part of the Program without Gundry MD’s prior written approval. If you are approved to do any native advertising for Gundry MD, you must comply with the FTC’s Enforcement Policy Statement on Deceptively Formatted Advertisements at https://www.ftc.gov/system/files/documents/public_statements/896923/151222deceptiveenforcement.

INDEMNIFICATION: You agree to indemnify and hold harmless Gundry MD and each of its direct and indirect parents, subsidiaries and affiliates, and their respective officers, directors, employees, agents, representatives, successors and assigns, from and against any and all third party claims, demands, proceedings, judgments, settlements, actions or causes of action brought by a third party, and any associated liabilities, losses, damages, expenses, including without limitation, penalties and interest, reasonable fees and disbursements of counsel, and court costs, arising out of, relating to or in connection with your participation in the Program, including without limitation (i) your material breach of these Terms, (ii) a violation of applicable law or regulations by you in connection with the Program, or (iii) your infringement of any intellectual property or other rights of any third party. 

BRAND AND REPUTATION PROTECTION: Gundry MD has made extensive efforts to promote its high quality brand and products and create a positive user experience for its existing, prospective and potential customers. As part of Gundry MD’s efforts, it has created an extensive library of intellectual property, including, without limitation: 1. Trademarks, trade dress and service marks (including, without limitation, product labels, artwork and/or logos), and the goodwill connected with the use of such materials; 2. Copyrighted materials (whether registered or unregistered with the U.S. Copyright Office and whether or not they are publicly available); 3. Websites, including website design (consisting of, without limitation, the design and “look and feel” of product pages, sales funnels, checkout pages) and internet domain name registrations; 4. The content, design and “look and feel” of video sales letters, video advertisements, print advertisements, scripts and banner advertising. You acknowledge the great value of the goodwill associated with the foregoing intellectual property and acknowledge that the nature of our business requires public respect for and trust in the reputation, image, credibility and quality of Gundry MD. As such, you shall not use any of the foregoing materials in any manner that may confuse, dilute, diminish, reflect adversely upon or otherwise damage Gundry MD’s goodwill, reputation, relationship with existing, prospective, or potential customers. This includes, without limitation, the use of any of Gundry MD’s intellectual property, in whole or in part, in any manner related to the promotion, sale and/or distribution of any third-party product.

LIQUIDATED DAMAGES: In the event you misuse any of Gundry MD’s intellectual property in violation of the Brand and Reputation Protection section set forth above, you agree to pay us the amount set forth in Exhibit A as liquidated damages. 

TERM AND TERMINATION: These Terms are effective upon Gundry MD’s acceptance of your enrollment and continue until (i) terminated by us or you, or (ii) superseded by new or revised Terms. Without prejudice to any other rights, Gundry MD may terminate the Program, these Terms or your participation in this Program immediately upon notice to you, for any or no reason. 

CHANGES TO THESE TERMS: Gundry MD may change these Terms in the future and require your subsequent reacceptance to continue your participation in the Program. You may not modify these Terms and any purported modifications will be of no force and effect. 

DISCLAIMERS; LIMITATION OF LIABILITY: Neither we nor any of our licensors make any representation or warranty of any kind, whether express, implied, statutory, or otherwise with respect to the program or the products, content, links and other information provided by us or our affiliates in connection with the program (collectively, the “program materials”). Except to the extent prohibited by applicable law, we and our licensors disclaim all warranties with respect to the program and program materials, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement and quiet enjoyment, and any warranties arising out of any course of dealing, performance, or trade usage. Neither we nor any of our licensors will be liable for indirect, special, incidental, or consequential damages, or any loss of revenue, profits, goodwill, use or data, arising in connection with these Terms or the Program, even if we have been advised of the possibility of such maintenance, or operation of your advertisements or your violation of these Terms. Further, our aggregate liability arising with respect to these Terms and the Program will not exceed the total commissions paid or payable to you under these Terms during the three-month period immediately preceding the event giving rise to such liability. To the fullest extent permitted by applicable law, you and we agree that each party may bring claims against the other only in its individual capacity and not as a plaintiff or class member in any purported class or representative action. 

NO SOLICITATION: For the term of this Agreement, you agree not to solicit or offer employment to any employee of Gundry MD who has provided assistance or collaborated with you in relation to the Program, except as otherwise expressly approved by Gundry MD. For the avoidance of doubt, this limitation shall not apply to unsolicited responses by Gundry MD employees to general recruitment advertising that is publicly posted by you. 

GOVERNING LAW, JURISDICTION AND VENUE: These Terms and the Program shall be governed by the laws of the State of California applicable to agreements made and fully performed in California by California residents and, by affixing their signatures thereto, you irrevocably submit themselves to the venue and jurisdiction of the State and Federal Courts of the State of California, Los Angeles County. If either party is required to retain the services of any attorney to enforce or otherwise litigate or defend any matter or claim arising out of, relating to or in connection with these Terms or the Program, then the prevailing party shall be entitled to recover from the other party, in addition to any other relief awarded or granted, its reasonable costs and expenses (including, without limitation, reasonable attorneys' fees, appellate fees and costs and court costs) incurred in the proceeding. 

MISCELLANEOUS: Any specific right or remedy provided in these Terms shall not be exclusive but shall be cumulative upon all other rights and remedies described in these Terms and allowed under applicable law. If any part of these Terms are found to be invalid or unenforceable, that part will be deleted and the rest of these Terms will continue. These Terms are the entire agreement between us regarding the rules of our Program, these Terms supersede all prior agreements or discussions about the Program. If we do not enforce strict abidance to the Terms of the Program, this does not mean that we waive the right to enforce them in the future.

EXHIBIT A, LIQUIDATED DAMAGES: The parties agree that quantifying losses arising from the misuse of any of Gundry MD’s intellectual property is inherently difficult insofar as such misuse may impact Gundry MD’s goodwill, reputation or relationships with existing, prospective or potential customers. The parties further stipulate that the agreed upon liquidated damages below is not a penalty, but rather a reasonable measure of damages given the nature of losses that may result from the misuse of any of Gundry MD’s intellectual property and the parties’ mutual desire to avoid the time, uncertainty and expense of litigation regarding the same. In the event you misuse any of Gundry MD’s trademarks or copyrightable works in violation of the Brand and Reputation section of these Terms, you agree to pay the following liquidated damages: (i) $10,000 per trademark per week of misuse, (ii) $5,000 per copyrightable work per week of misuse, and (iii) $10,000 per breach for any other violation of the Brand and Reputation section. 

I HEREBY ACKNOWLEDGE AND AGREE THAT I HAVE READ, UNDERSTAND AND AGREE TO THIS LIQUIDATED DAMAGES PROVISION. ES PROVISION. ____ (Initial here)