Metagenics Internet Policy
Effective Dates: January 1, 2008 - 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 the 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 Web site a statement substantially as follows: “This site is not owned or operated by Metagenics, Inc.”
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 Web site 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 Web site or the material displayed thereon. Metagenics may require Customer to make changes to Customer's Web site 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-tags, key words or file names.
Private Label Customers
This policy is not intended to replace or supersede the Metagenics Private Label Agreement.
Disease Claims
In an effort to protect you and us from potential legal liability due to the clear requirements of the Food and Drug Administration with regard to disease claims being associated with dietary supplements and medical foods, Metagenics products may not be displayed or mentioned within two clicks of any disease claims. Metagenics may review Customer’s Web site 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 Web site or the material displayed thereon. Metagenics may require Customer to make changes to Customer's Web site 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 manne r 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.
Frequently Asked Questions (FAQs)
Q. Can I offer discounts to existing customers?
A. Metagenics’ policy is that discounts on Metagenics’ products may
only be offered to private patients being treated by the practitioner, not
to the general population who may have found the practitioner’s Web
site on-line.
Q. Can I offer “buy 5, get 5% off” or “orders over $200 will receive
10% off” type discounts?
A. Such actions would be contrary to Metagenics’ retail pricing
policy.
Q. Can I discount BariatrX Essentials products?
A. Such actions would be contrary to Metagenics’ retail pricing
policy.
Q. Can I “bundle” three different products together and sell them
for less than the Suggested Retail Price?
A. Under Metagenics’ policy, bundled product prices must add up
to (or be above) the combined Suggested Retail Price of the individual
products.
Q. Can I purchase a sponsored ad on a search engine under“Metagenics”?
A. Such actions would not be contrary to Metagenics’ policy,
provided the ad does not mention the availability of special pricing,
sales, discounts, etc.
Q. Can I indicate that I carry Metagenics’ products if I don’t list the prices and have customers call-in or e-mail me for pricing?
A. Metagenics’ policy is that information on the pricing of its
products should be listed up front and comply with the Suggested
Retail Price portions of this policy.
Q. Can I advertise “behind the scenes” discounts or specials
through my e-mail newsletters?
A. Metagenics’ policy is that discounts on Metagenics’ products
may only be offered to private patients being treated by the
practitioner, not to the general population who may have found
practitioner’s Web site on-line.
Q. I offer discounts on my Meta-eHealth site. Can I continue to do
this?
A. Discounts published only to and provided only to private
patients being treated by you and, therefore, in your private patient
group and not to anyone who self-registers or simply views the product
catalog would not be contrary to Metagenics’ policy.
Q. Can I continue to offer discounts to my patients’ family
members, referrals, existing customer and/or e-mail subscribers?
A. Such actions would be contrary to Metagenics’ policy.
Q. How do I make discounts viewable only to my patient group?
A. In Meta-eHealth, first create a private patient group. Next,
assign only the patients your office personally consults with to that
group. Then, allow discounting or promotions only to that specific
group. If you need additional help with this step, please call the MetaeHealth
team at 800-692-9400 ext. 3223 for detailed instructions on
how to structure your Meta-eHealth site to accomplish this.
Q. Can I categorize Metagenics products by the conditions they
treat?
A. If the categories do not imply disease claims and imply simply
structure/function claims, yes. If they are disease claims such as
Cancer Prevention, Insulin Resistance, etc., no. The FDA strictly
regulates claims that can be made regarding dietary supplements and
medical foods under the Dietary Supplement Health and Education Act
of 1994 (DSHEA).
Q. What are the consequences if I fail to abide by Metagenics’ retail
pricing policy?
A. Metagenics reserves the right to terminate customers who fail to
comply with Metagenics’ sales policies on 10 days’ written notice.