Brace Direct

Introduction: 

Welcome to Brace Direct, your premier destination for orthopedic support and wellness solutions. Our mission is to provide top-quality products and services designed to enhance your physical well-being and support an active lifestyle. This document, the Terms and Conditions (T&C), governs your use of our website and services. It's crucial that you read these terms attentively as they outline your legal rights and obligations when interacting with Brace Direct, including important details on how you can and cannot use our website and services.

By accessing or using any part of our services, you agree to be bound by these T&C. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. These T&C apply to all users of the site, including without limitation users who are browsers, customers, merchants, and/ or contributors of content.

Please note that these T&C are subject to change by Brace Direct at any time. When changes are made, we will make a new copy of the T&C available on our website. We will also update the “Last Updated” date at the top of the T&C. Any changes to the T&C will be effective immediately for new users of our website and services and will be effective thirty (30) days after posting notice of such changes on the website for existing users. If you do not agree to any change after receiving a notice of such change, you shall stop using the website and services. Your continued use of our website and services following the posting of any changes to the T&C constitutes acceptance of those changes.

Definitions:

In these Terms and Conditions, the following terms shall have the meanings set out below:

1. "Affiliate": An individual or entity that promotes Brace Direct's products or services in exchange for receiving commission on sales generated through their unique affiliate link.

2. "Affiliate Program": The program run by Brace Direct through which Affiliates promote our products or services.

3. "Affiliate Link": A unique URL provided to Affiliates by Brace Direct, which tracks sales generated by the Affiliate.

4. "Commission": The earnings Affiliates receive as a result of sales made through their Affiliate Link.

5. "Brace Direct Content": All content provided by Brace Direct including, but not limited to, text, images, trademarks, logos, and product descriptions.

6. "User": Any individual or entity who accesses or uses our website and services, including Affiliates.

7. "Prohibited Activities": Activities that are not allowed under the Affiliate Program, including but not limited to spamming, unauthorized advertising, and misrepresentation of Brace Direct products or services.

Use of Our Services

By accessing or using any part of Brace Direct's services, including our Affiliate Program, you agree to comply with these Terms and Conditions. Specifically:

1. Affiliate Participation: To participate in the Affiliate Program, you must adhere to our Affiliate guidelines, ensuring honest and compliant promotion of our products. Affiliates should use their unique Affiliate Link for tracking sales and earning commissions.

2. Prohibited Uses: You are prohibited from using Brace Direct's website or services for any unlawful purpose, or for promoting competitive products. Prohibited activities, as defined in our Definitions section, will result in immediate termination of your Affiliate status and forfeiture of any outstanding commissions.
   
   You are prohibited from knowingly and intentionally distributing your unique Affiliate Link and/or Coupon Code on coupon code aggregate sites, including but not limited to: RetailMeNot, Honey, Coupons.com, and others that have similar models.  

3. Content Usage: When promoting Brace Direct products, Affiliates must ensure that all content is accurate and not misleading. Brace Direct Content must be used appropriately and within the guidelines provided by us.

4. Compliance with Laws: You must comply with all applicable laws, including marketing and advertising laws, when using our services or participating in our Affiliate Program.

   Compliance with Healthcare Laws

   Anti-Kickback Statute and Stark Law Compliance

   Brace Direct is committed to upholding the highest standards of ethics and compliance with all applicable healthcare laws, including the Anti-Kickback Statute (AKS) and the Physician Self-Referral Law (Stark Law). These laws are designed to ensure that healthcare services and recommendations are based on the best interests of patients, free from any undue financial influence.

   • Anti-Kickback Statute (AKS): The AKS prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by federally funded healthcare programs, such as Medicare and Medicaid. This law aims to prevent overutilization, increased costs, and compromised healthcare integrity due to improper financial incentives.

   • Stark Law: The Stark Law restricts physicians from referring patients to receive designated health services payable by Medicare or Medicaid from entities with which the physician or their immediate family members have a financial relationship, unless specific exceptions apply. The intent is to prevent conflicts of interest in patient referrals.

   Obligations of Healthcare Providers

   Healthcare providers participating in Brace Direct's services, including but not limited to referral activities, are required to:

   1. Conduct all business in full compliance with the AKS and Stark Law, including adhering to all exceptions and safe harbors as applicable.
   2. Ensure that no part of their participation in services offered by or through Brace Direct is in any way contingent upon the referral of patients for designated health services.
   3. Report any activities or transactions that they believe may potentially violate these healthcare laws to the appropriate authorities or through Brace Direct's reporting mechanisms.

   Brace Direct reserves the right to terminate any association with a provider found to be in violation of these or any other healthcare laws. Furthermore, providers are encouraged to seek independent legal advice to ensure their compliance with the AKS, Stark Law, and all other applicable healthcare regulations.

   For more detailed information and guidance on the AKS and Stark Law, providers can refer to the U.S. Department of Health & Human Services Office of Inspector General's compliance resources and the American College of Physicians' overview of these regulations.

5. Cookie
   We use a cookie to track people who have clicked on your link, so they need to be using cookies for us to track them.
   If a person doesn't allow cookies or clears their cookies then we can't track them so can't pay earnings on that person's activity.
   Cookies day is stated in the Affiliate registration form. The tracking day will start from the time a customer clicks on the affiliate’s link or use the coupon. Within the cookie time, every order made by this customer at merchant website will automatically result in commissions to the affiliate (There’s no need for the customer to click on the affiliate link then).

Intellectual Property

1. Ownership: All content displayed on Brace Direct's website, including text, graphics, logos, images, and software, is the property of Brace Direct or its content suppliers and protected by international intellectual property laws. This includes all Brace Direct Content used in the Affiliate Program.

2. Use of Brace Direct Content: As an Affiliate, you are granted a limited, non-exclusive, non-transferable, revocable license to use Brace Direct Content solely for the purpose of promoting our products and services in accordance with these Terms and Conditions. Any other use of Brace Direct Content is strictly prohibited and may result in the termination of your Affiliate status.

3. Prohibition of Modification: You may not alter, modify, or create derivative works of the Brace Direct Content without prior written consent from Brace Direct. This includes unauthorized use of logos, trademarks, or any other proprietary material.

4. Intellectual Property of Others: You must respect the intellectual property rights of others while using our services. This means avoiding any infringement of third-party trademarks, copyrights, or other intellectual property rights.

User Obligations

As a user of Brace Direct's services, including our Affiliate Program, you are expected to adhere to the following obligations:

1. Accurate Information: You must provide accurate and complete information when registering for our services and keep this information up-to-date.

2. Compliance with Guidelines: As an Affiliate, you are required to follow all guidelines provided by Brace Direct regarding the promotion of our products and services. This includes adhering to the rules set out in the Affiliate Program, as defined in our Definitions section.

3. Lawful Conduct: You must use our services, including the Affiliate Program, in a lawful manner, respecting all applicable laws and regulations. This includes not engaging in any form of fraud, spamming, or misrepresentation.

4. Respect for Intellectual Property: You must respect the intellectual property rights of Brace Direct and third parties. This includes not altering any of the Brace Direct Content or using it in a way that is not expressly permitted by these Terms and Conditions.

Changes to Terms

1. Notification of Changes: Brace Direct reserves the right to modify these Terms and Conditions at any time. When changes are made, we will notify Affiliates and users via email or through a prominent notice on our website.

2. Review of Changes: It is your responsibility as a user or Affiliate to review the revised Terms and Conditions. The revised terms will become effective at the date specified in the notice, and continued use of our services after this date will constitute acceptance of the new terms.

3. Impact on Affiliate Program: For Affiliates, any changes to these Terms and Conditions might affect how you promote our products or services and your commission structure. We encourage regular review of these terms to stay informed about your responsibilities and rights within our Affiliate Program.

4. Feedback and Queries: If you have any questions or feedback regarding changes to these Terms and Conditions, you are encouraged to contact Brace Direct for clarification.

Governing Law

1. Jurisdiction: These Terms and Conditions, and any separate agreements whereby we provide you services, shall be governed by and construed in accordance with the laws of the jurisdiction in which Brace Direct is headquartered.

2. Compliance by Affiliates: Affiliates in the Affiliate Program must ensure that their promotional activities comply with the laws of both the jurisdiction of Brace Direct and their own local jurisdiction.

3. Dispute Resolution: Any disputes arising from or related to the use of Brace Direct’s services or these Terms and Conditions will be subject to the exclusive jurisdiction of the courts in the jurisdiction of Brace Direct’s headquarters. This includes disputes involving Affiliates or use of the Affiliate Program.

4. International Considerations: For international users and Affiliates, it is important to be aware that you must comply with any laws applicable in your country, in addition to those of Brace Direct’s jurisdiction.

Contact Us

1. Availability for Inquiries: Brace Direct is committed to providing exceptional support to our users and Affiliates. For any questions, concerns, or feedback related to these Terms and Conditions, or any aspect of our services or Affiliate Program, please reach out to us.

2. Contact Channels: You can contact Brace Direct through various channels:

   • Email: Direct your emails to {merchant.email}.
   • Phone: Call us at 1-800-257-5870.
   • Mailing Address: For formal communications or legal notices, you can send mail to:
     • Brace Direct
       6860 Big Ridge Road
       Hixson, TN 37379

3. Affiliate Support: Affiliates with specific questions about the Affiliate Program, including commission structures, promotional activities, or compliance, are encouraged to use dedicated support channels, if available, for quicker and more tailored assistance.

4. Response Time: We strive to respond to all inquiries promptly. However, please allow a reasonable amount of time for us to address your questions or concerns effectively.

This Privacy Policy of UpPromote about Affiliate Marketing system describes how we may collect and use personal data and the rights granted to merchants, affiliates and customers regarding their respective data.

By joining the Affiliate program, you signify your approval of the terms set out in this Privacy Policy, and other terms and conditions. If you do not agree to this Privacy Policy, you must not use the affiliate marketing system.

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our privacy practices or for other operational, legal, or regulatory reasons. By continuing to our affiliate program after these changes are posted, you agree to the revised policy.

Personal Information Controller

Any personal information provided to or gathered by UpPromote under this Privacy Notice will be stored and controlled by UpPromote (the data controller).

Information collected from Merchants

When merchant uses the app, we are automatically able to access certain types of information from your Shopify account such as email, first name, last name, shop information (shop domain, shop currency, shop address …). We collect this information to provide you with our Services; for example, to confirm your identity, contact you, provide customer support when you contact us, provide you with advertising and marketing activities.

Information collected from Affiliates

When an Affiliate signs up to join a program, we collect some information to inform merchants such as email, personal information, payment details and social network information,...The information would help merchant evaluate affiliate background and potential, along with process specific activities within the app and contact affiliate if needed.

Information collected from Customers when visiting merchant website

In order to track referral order, when customers visit merchant website and make a purchase, UpPromote system will collect information of order such as total order, order items, order ID,....

About Cookies

“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier.

Cookies are created when a user's browser loads a particular website. The website sends information to the browser which then creates a text file. Every time the user goes back to the same website, the browser retrieves and sends this file to the website's server.

For more information about cookies, including how to disable them, visit allaboutcookies.org.

Because cookies allow you to take advantage of some of Affiliate marketing system’s essential features, we recommend that you leave them turned on.

Information sharing

Ensuring your privacy is important to us. We do not share your personal information with third parties except as described in this privacy policy. We may share your personal information with third-party service providers who we employ to process specific functions; examples include providing email marketing activity, analyzing data and other marketing support,... Third-party service providers have access to personal information only as needed to perform their functions and they must process the personal information in accordance with this Privacy Policy.

We may also disclose your personal information to any third party with your prior consent.

Use of UpPromote app by Children

UpPromote is not intended for children. If you are under 13, you may use the affiliate marketing system only with the supervision of your parent or guardian.

Your Rights

UpPromote understands that you have rights over your personal information, and takes reasonable steps to allow you to access, correct, amend, delete, port, or limit the use of your personal information. If you are using the system and wish to exercise these right, please contact us through affiliate@bracedirect.com. We may require that you provide us with acceptable verification of your identity before providing access to such information.

If you are an affiliate and wish to exercise these rights, please contact the merchant you interacted with directly — we serve as a processor on their behalf, and can only forward your request to them to allow them to respond.

Contact information

If you have any questions about your personal data or this Privacy Policy, or if you would like to file a complaint about how we process your personal data, please contact us by email at affiliate@bracedirect.com