Back
Effective Dates:
October 1, 2018 - until further notice
Metagenics reserves the right to determine which of its Internet Policies applies to each Customer.
Notice: Metagenics products sold to Canadian customers may not be sold or shipped internationally.
Minimum Advertised Pricing (Practitioner-Patient Sales ONLY)
The Minimum Advertised Price (“MAP”) Policy of Metagenics, Inc. (”Metagenics”) applies to all of Metagenics’ practitioner-Customers selling its professional lines of products with the Metagenics logo or name on the label (excluding its Bariatric Advantage line) to end-users who are patients of the practitioner-Customer. The MAP Policy is for practitioner-Customers and requires such practitioner-Customers to advertise such products at or above the Minimum Advertised Price, as noted on the “Practitioner-Patient Price List”.
Practitioner-Customers who have both their own website and a Metagenics-hosted online store may place a link to their Metagenics online store on their own website, but may NOT advertise, communicate, or otherwise indicate that discounts may be available.
Practitioner-Customers selling directly to end-users may offer discounts privately to their own patients. Metagenics may, from time to time, offer practitioner-Customers the ability to sell specific products at special promotional pricing.
The Minimum Advertised Prices are unilaterally set by Metagenics and are not open to discussion or negotiation with any practitioner-Customer. Metagenics neither seeks (nor will it accept) any assurances from a practitioner-Customer that such Customer will not deviate from this MAP Policy.
Metagenics reserves the right to not sell or supply products to any practitioner-Customer who is affiliated with a website that violates this MAP Policy.
Practitioner-Customers may NOT publically display the code enabling access to their Metagenics-hosted online store on any website (or social media) or otherwise make it available to non-patients. Codes may not be placed on searchable or “crawlable” web pages.
Customer-owned websites/domain names must be registered to the individual or the business name of the practitioner-Customer who is purchasing products from Metagenics.
Notice
Metagenics reserves the right to not sell or supply its products to Customers, practitioner-Customers and Distributors who are not in compliance with Metagenics’ Internet Policies or who are selling or supplying Metagenics products to individuals or entities that are not in compliance with Metagenics’ Internet Policies.
Third-Party Sites
Metagenics’ policy is for all of its practitioner-Customers selling Metagenics products on-line to sell only on Customer-owned or Metagenics-hosted E-Commerce websites. Metagenics does not authorize or permit sales of its professional lines of products on third-party websites (such as Amazon.com, eBay, and similar sites).
Metagenics reserves the right to not sell or supply products to any practitioner-Customer who sells Metagenics products on third-party websites.
Metagenics will pursue the removal of unauthorized listings on third-party sites. Metagenics expects practitioner-Customers selling Metagenics products to cooperate with requests related to third-party sites and investigatory inquiries.
Business Partners/Affiliate Programs
Metagenics products may not be re-sold or re-distributed by a practitioner-Customer to any affiliate or business partner of the Customer without Metagenics’ knowledge and prior written consent, which may be withheld in Metagenics’ sole discretion.
Payments for “click-throughs” or referral fees for the sale of a Metagenics product are prohibited.
Use of Trademarks
Customers shall not have the right to affix any of Metagenics trademarks to any product or other material, other than in the manner permitted in this Policy. Customers agree to use the symbols ™ and ©, as appropriate, when displaying Metagenics trademarks, which is intended to indicate Metagenics’ ownership of the trademarks and shall not be construed as a claim of ownership by the Customer. Customers shall not have any ownership right, title, or interest, express or implied, in Metagenics trademarks.
Customers may not use Metagenics trademarks (or copyrighted material) on third-party websites (such as Amazon, eBay, and similar sites). Metagenics trademarks may be used on social media websites (such as Facebook, Twitter, and similar sites), as long as usage complies with all other aspects of this Policy.
Customers may not use Metagenics trademarks to purchase online advertising or as key words for paid advertising purposes.
Customers who choose to use Metagenics trademarks on their websites must do so in a manner that prevents the trademarks from being searchable or “crawled”, so as to prevent the website or webpage from appearing in search engine results.
The trademarks are solely and exclusively the property of Metagenics.
Customers may use the Metagenics trademarks only in their current form, and in a form, context, and location that is acceptable to Metagenics. Metagenics may review a Customer’s website at any time. Metagenics reserves the right to require a Customer to make changes to the Customer's website to the extent the Customer is using the Metagenics trademarks in a manner that violates Metagenics’ policies, any applicable Health Canada regulations, or any other applicable laws or regulations.
Customers may not use any Metagenics product names, trademarks or copyrights as part of a URL (Universal Resource Locator), secondary level domain name, 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 is licensed by, Metagenics and is protected by U.S. and international copyright laws. A Customer may not use, copy, reproduce, distribute, publish, display, modify, create derivative works, transmit, or in any other way exploit, any part of copyrighted material without obtaining the prior written consent of Metagenics, which may be withheld in Metagenics’ sole discretion. Content posted on Metagenics’ social media pages may be freely shared or re-posted.
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. The Metagenics logo 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.
Private Label, Custom Formula & Co-Branded Products
Practitioner-Customers may sell private label, co-branded, and custom-formula products on Customer-owned websites and on Metagenics-hosted E-Commerce websites. Private label and custom-formula products may not be associated with Metagenics’ trademarks.
Private label products that use Metagenics trademarks may not be sold on third-party websites (such as Amazon.com, eBay, and similar sites).
Health Claims
In an effort to protect you and us from potential legal liability due to the clear requirements of Health Canada with regard to health claims associated with natural health products or other products, only claims present on Metagenics product labels may be made or associated with Metagenics products and any such claims or any other promotion of Metagenics products must be made in compliance with all applicable laws. 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 health 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 laws or regulations, or Metagenics policies.
Miscellaneous
Metagenics may, in its sole discretion, revise this Policy at any time. In addition, Metagenics may, in its sole discretion, terminate a Customer's non-exclusive, limited license to use Metagenics trademarks or copyrighted materials at any time, upon written notice.
Any failure or delay by Metagenics in enforcing any provisions of this Policy or any of Metagenics rights with respect to any of the trademarks shall in no way be considered a waiver of such provisions or rights and shall not prevent Metagenics from enforcing the same or other provisions or rights at a later date.
Violations of Policy
Customers who violate this Policy will receive written notice from Metagenics that they are in violation of the Policy. If a Customer fails to bring the Customer’s website into compliance, Metagenics may de-activate the Customer’s account, and the Customer will no longer be able to purchase Metagenics products. In addition, the Customer will be required to immediately cease all use of Metagenics’ trademarks and copyrighted materials on the Customer's website and on the Internet.
Customers who correct their websites to comply with this Policy should promptly notify Metagenics. Metagenics then will review the Customer's website. If Metagenics determines that the Customer has brought his or her website into compliance, the Customer's account may be re-activated. Re-activation, however, is at the sole discretion of Metagenics.
Metagenics has adopted a zero-tolerance approach regarding enforcement of this Policy. Once a Customer has fallen out of compliance with this Policy and has received a notice from Metagenics, in the event of any subsequent violation, Metagenics reserves the right to immediately terminate the Customer’s account. In order for the Customer to continue any relationship with Metagenics, the Customer may be required to acquire and maintain an online store through Metagenics.com.WHEREAS, Metagenics Canada, Inc. (“Metagenics”) values its customers and desires to avoid any and all misunderstandings between them and itself regarding the terms and obligations of orders by its customers; and WHEREAS, specific acknowledgement of agreement to these terms and obligations should eliminate potential future problems in this regard.
WHEREAS, specific acknowledgement of agreement to these terms and obligations should eliminate potential future problems in this regard.
NOW THEREFORE, Metagenics and the undersigned (hereinafter the “Customer”) do hereby agree as follows:
(1) Full payment for each order placed by the Customer or its agents are due within 30 calendar days after the date of the invoice and balances due after said 30th day are PAST DUE. No interest shall accrue during the first 30 days (Net 30 days). A $45.00 fee will be charged for NSF cheques.
(2) All past due balances shall incur and Customer agrees to pay interest of 10% per month on the unpaid balance or portion thereof from and after the invoice date until the unpaid balance is paid in full. This rate equals an 18% ANNUAL PERCENTAGE RATE.
(3) Any discrepancies, shortages, claims, or incorrect shipments shall be reported to Metagenics IMMEDIATELY upon receipt, and in no event, later than 5 calendar days after said receipt. Metagenics shall be responsible for curing said discrepancies only if notified within said 5 calendar day period.
(4) Customer complaints: Errors, omission, or mistakes made by Metagenics will be corrected by Metagenics. Metagenics will replace the order or give credit for what has been invoiced and returned to Metagenics. No credits will be made until the proper authorization has been given by Metagenics management. Credit will be given at that time for the unopened portion of the original order. Metagenics shall have no further liability for errors or omissions other than replacement value. In any case, the legal and/or financial liability for errors, omissions or mistakes by Metagenics shall never exceed the invoice of the order involved.
(5) The person executing this agreement as the Customer represents and warrants that he or she is authorized and empowered to execute this agreement on behalf of or as agent of the Customer.
(6) If any legal action is instituted to enforce any provision of this agreement between parties, the prevailing party shall be entitled to recover its legal fees, costs and reasonable expenses incurred in such action.
(7) Prices are FOB point of shipment. Prices do not include freight or taxes. These charges may be prepaid by Metagenics and added to the Customer’s invoice. All sales, use and ad valorem taxes, including the goods and services tax and provincial sales tax, will be payable by the Customer at the rates in effect at the time the tax liability arises unless the Customer provides to Metagenics a proper and effective certificate or exemption form entitling it to purchase the products without the payment of one or more sales, use or ad valorem taxes.
(8) Metagenics shall select the method and carrier for delivery of the products. Title and risk of loss or damage to the products shall pass from Metagenics to the Customer upon delivery to a carrier at the point of shipment.
(9) All payments shall be made without deductions for back charges, other accounts between Metagenics and the Customer, and the like, which shall be settled independently of the payment of the invoice.
(10) This Agreement shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in the Province of Ontario, without regard to conflict of laws principles. Each party irrevocably attorns to the nonexclusive jurisdiction of the courts of the Province of Ontario in respect of all matters arising under and in relation to this Agreement.
(11) This Agreement constitutes the entire agreement and understanding of the parties regarding the subject matter of this Agreement and supersedes all prior written and oral agreements, representations, quotes and understandings between the parties regarding the subject matter of this Agreement. No amendment or revision to this Agreement shall be made or be binding upon either party unless made in writing and signed by both parties.
Credit terms are available to qualified commercial accounts, subject to receipt and approval of a completed Metagenics application form. Our terms are Net 30 days from the date of invoice. Discounts or other deductions are not allowed without prior approval. Credit accounts who prefer to pay by statement rather than by invoice are asked to remit account balance in full by the 10th of the month following statement date. In the event a customer fails to pay their bill the customer agrees to pay all reasonable costs of collection, including attorney’s fees, associated with past due balances. Credit applications may be requested from your customer service representative.
(1) Standard terms are COD, Money Order, Credit Card, or Net 30 (upon approval of a signed credit application). Metagenics, Inc. will also accept a Company Check for COD orders, provided favorable credit information is obtained
(2) Payment is required at time of receipt for COD orders and at time of order for Credit Card orders
(3) Pricing discrepancies must be addressed within 15 days from date of shipment
(4) Any shipping discrepancy must be reported within 48 hours from date of receipt
(5) Returned checks will be subject to a $45.00 service charge per check and must be replaced with a Money Order
(6) Metagenics Canada, Inc. reserves the right to withdraw/re-evaluate credit terms and/or credit limits at any time.
By clicking “Agree & Accept”, I acknowledge that I have read and I accept these Terms and Conditions.
