Practitioner New Account Policies

Metagenics Internet Policy

Effective Dates
June 1, 2016 - until further notice

Affected Customers:
  • U.S. Customers
  • Customers with Web sites selling to U.S. end-users
Suggested Retail Pricing

The Suggested Retail Pricing Policy of Metagenics, Inc. is for all of its customers selling its professional lines of products on-line to sell such products at or above the suggested retail prices. Any advertisements, discounts, rewards programs, coupons, special offers, sales, promotions, etc. must explicitly state “Not valid on Metagenics’ (and BariatrX Essentials) products” and products must check-out at or above suggested retail pricing.

Private patients being treated by the practitioner may be given a private patient code to be entered upon checkout to replicate the discount provided to patients in the practitioner’s office. This code must not be provided to any customer via broadcast e-mail, must not be shown on the Web site and must not be made available to anyone other than the practitioners’ private patients. Reference upon checkout may only be as “patient code”; i.e., any word implying a discount, special, sale, coupon, etc. may not be used.

If a practitioner is found to have e-mailed the code to an e-mail database that includes customers other than private patients, the option to discount to private patients via an online Web site will be revoked. Continued or repeated violations will result in account termination.

Metagenics neither seeks nor will accept any assurances from any customer that it will not deviate from this Suggested Retail Pricing Policy. The suggested retail prices set forth are unilaterally set by Metagenics and are not open to discussion or negotiation with any of its customers.

Metagenics reserves the right not to sell or supply any products to any customer that is affiliated with a Web site that violates this Suggested Retail Pricing Policy.

Any reference or inference at all to discounts, price reductions, special call-in pricing, coupons, price-matching policies or any other special promotion or offer on Metagenics products will be deemed to be violations of this policy and grounds for immediate suspension of affiliated Customer’s account(s),

For customers with Meta-eHealth sites, discounts may be visible only to patients. Visitors who self-register must be provided access only to Metagenics products at Suggested Retail Price. This is in keeping with the availability of discounts which may be offered in practitioners’ offices but not available to the general public via the Internet. In other words, Metagenics does not consider it a violation of its policy for practitioners to provide discounts through Meta-eHealth to patients but not if discount visibility is open to non-patients.

Affiliate Programs

Metagenics products may not be offered as part of an affiliate program.

Third-Party Sites

Metagenics policy is for all of its customers selling its products on-line to sell on customer-owned sites only. Metagenics does not authorize or permit sales of its professional lines of products on third-party- facilitated sites (e.g., Amazon.com, eBay, etc.).

Metagenics reserves the right not to sell or supply any products to any customer that is found to be selling Metagenics products on third- party-facilitated sites.

Use of Trademarks

Customer shall not have the right to affix any of Metagenics’ trademarks to any product or other material conveyed to anyone other than via the Internet in the manner described in this Policy. Customer agrees to use the symbols ™ and ®, as appropriate, when displaying the trademarks, which is intended to indicate Metagenics’ ownership of the trademarks and shall not be construed as a claim to ownership by Customer. Customer's use of the trademarks must be accompanied by a statement substantially as follows: "[Insert the trademark(s)] are trademarks of Metagenics, Inc. and are used with permission." Customer must also include on all pages that reflect Metagenics products on Customer’s website a statement substantially as follows: “This site is not owned or operated by Metagenics, Inc.”

Customer may not use Metagenics trademarks (or copyrighted material) on third-party-facilitated sites (e.g., Amazon, eBay, etc.) and social media websites (e.g., Facebook, Twitter, etc.).

Customer may not use Metagenics trademarks to purchase online advertising or as key words for advertising purposes.

Any use of the trademarks by Customer in accordance with this Policy shall inure to the benefit of Metagenics. The trademarks are solely and exclusively the property of Metagenics. Customer shall not have any ownership right, title, or interest, express or implied, in the trademarks.

Customer shall not use the trademarks except in a form, context, and location that is acceptable to Metagenics. Metagenics may review Customer’s website at any time and reserves the right to require Customer to make changes to it based upon use of any intellectual property owned or controlled by Metagenics, even if Metagenics has previously approved or accepted Customer’s website or the material displayed thereon. Metagenics may require Customer to make changes to Customer's website at any time to the extent Customer is using the Trademarks in a manner that violates applicable FDA or FTC regulations, any other applicable laws or regulations, or Metagenics policies.

Customer may not use any Metagenics product names, trademarks or copyrights as part of a URL (Universal Resource Locator), secondary level domain name, meta-tag, key word or file name.

All content included on Metagenics’ websites, including text, graphics, images, video clips and audio clips, is the property of or licensed by Metagenics, Inc. or our associates, and protected by U.S. and international copyright laws. You may not use, copy, reproduce, distribute, publish, display, modify, create derivative words, transmit, or in any other way exploit any part of copyrighted material without express written permission from Metagenics, Inc.

The Metagenics logo may be used only in the special form supplied by Metagenics for use on customer-owned websites; neither the file name nor the name of the image may be changed or modified from the original form supplied by Metagenics. It may be accompanied by a statement indicating “I (We) proudly offer [insert Metagenics Company Logo] products.” No other statements may be affiliated with use of the logo.

Customer may not use or display any ratings, reviews, testimonials, or content written by patients or practitioners in any capacity without written consent of Metagenics.

Private Label Customers
This policy is not intended to replace or supersede the Metagenics Private Label Agreement.

Disease Claims

In an effort to protect practitioners and Metagenics from potential legal liability due to the clear requirements of the Food and Drug Administration prohibiting disease claims from being associated with dietary supplements, Metagenics dietary supplements and non- medical food products may not be displayed or mentioned in association with any disease claims. Only claims that appear on the Metagenics.com website may be used. Medical foods must be properly categorized as such and the dietary supplement disclaimer must not be shown on pages showing only medical foods. Claims shown for medical food products must only reflect those medical food claims shown on the Metagenics website (www.metagenics.upshotcommerce.com). Product reviews and testimonials must be monitored and must not include disease claims about Metagenics dietary supplement and non- medical food products; reviews for medical foods must not contain unapproved medical food claims and may only contain medical food claims appearing on the Metagenics website.

Metagenics may review Customer’s website at any time and reserves the right to require Customer to make changes to it based upon use of any intellectual property owned or controlled by Metagenics in association with any disease claims, even if Metagenics has previously approved or accepted Customer’s website or the material displayed thereon. Metagenics may require Customer to make changes to Customer's website at any time to the extent Customer is using the Trademarks in a manner that violates applicable FDA or FTC regulations, any other applicable laws or regulations, or Metagenics policies.

Logos

The Metagenics logo may be used only in the special form supplied by Metagenics for use on the Internet; neither the file name nor the name of the image may be changed or modified from the original form supplied by Metagenics. It may be accompanied by a statement indicating "I (We) proudly offer [insert Metagenics Company Logo] products." No other statements may be affiliated with use of the logo.

Miscellaneous

Metagenics may, in its sole discretion, revise or eliminate this Policy at any time. Metagenics may also terminate Customer's non-exclusive, limited license to use the Trademarks at any time in its sole discretion upon written notice.

Any failure or delay by Metagenics in enforcing any provisions of this Policy or any of Metagenics rights in any of the Trademarks shall in no way be considered a waiver of such provisions or rights and shall in no way prevent Metagenics from enforcing the same at a later date.

Violations of Policy

All Customers who violate this Policy will receive ten (10) days' advance written notice from Metagenics that they are in violation of the Policy and therefore will no longer be able to purchase the Products after the end of the ten (10) day notice period. After the notice period, Customer will no longer be able to purchase the Products and Customer will no longer be authorized to use the Trademarks on Customer's Web site or in any other manner on the Internet. After the notice period, Customer will be required to immediately cease all use of the Trademarks on Customer's Web site or in any other manner on the Internet. Customers that correct their Web site to bring it into compliance with this Policy should promptly notify Metagenics. Metagenics will then review Customer's Web site. If Metagenics determines Customer has brought his or her site into compliance with this Policy, Customer's account will be reactivated so Customer may purchase the Products and use the Trademarks on Customer's Web site in accordance with this Policy. Metagenics has adopted zero- tolerance approach to this policy. Customer acknowledges that upon any subsequent breach of any provision of this Agreement, Metagenics may terminate Customer's account without notice. Once Customer has fallen out of compliance with this policy in any way and has received any written notice from Metagenics, then upon any subsequent breach Metagenics reserves the right to immediately terminate the Customer and require subscription to Meta-eHealth.com in order to continue/maintain any relationship with Customer. In the event that Customer desires to sell Metagenics’ products to Customer’s patients on the Internet subsequent to termination, then Customer shall be required to subscribe to Meta-eHealth.com. Customer will solely be responsible for all Meta-eHealth.com fees and for the merchant account.

Copyright Policy & Disclaimer

Thank you for visiting Metagenics' Web site. The content, arrangement and layout of this site, including, but not limited to, the trademarks and text, are proprietary to Metagenics, and should not be copied, imitated, reproduced, displayed, distributed, or transmitted without the express permission of Metagenics. Any unauthorized use of the content, arrangement or layout of the site, or the trademarks found in the site may violate civil or criminal laws, including, but not limited to, copyright and trademark laws.

The information provided in this web site may not be construed as medical advice. It is merely for educational purposes and its accuracy is not guaranteed. Please consult with your physician or other medical care provider regarding any healthcare questions you may have.

INFORMATION ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Customer Policy

To ensure proper use of Metagenics' high quality nutriceuticals, we only sell to licensed healthcare professionals. If you would like to become part of our family of customers, the applications in this section can be printed, filled out and faxed to our Customer Service Department. If you are in the territory of one of our three United States regional distributors, your information will be forwarded to your distributor.

If you are not a healthcare professional, we would be happy to provide you with the names and contact information of several practitioners in your area. If you are a practitioner and would like to be added to our referral list, please contact our office or that of your distributor.