MedShift Ambassador Program Terms and Conditions

Welcome to MedShift!

Thanks for joining our Affiliate Program. These terms and conditions ("Terms") apply to both MedShift (the "merchant" or "we") and you (the "affiliate" or "you") who participate in the program by referring customers to our products and services.

We're excited to have you join our Affiliate Program! Please refer to these terms and conditions for future reference. If you have any questions or need support, please reach out to info@medshift.com.

By participating in the Program, you agree to these Terms. We cannot allow your participation in the Program unless you agree to the Terms.

1. Approval or Rejection of Registration

We reserve the right to approve or reject ANY Affiliate Program Registration application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Registration. These Terms and the approval of a registration application, does not create an exclusive agreement between the Merchant and Affiliate.

2. Affiliate Links and Coupon

Affiliate links are automatically generated for you, but you can also generate an affiliate link for a specific product or collection. If a person clicks on someone else’s referral link and then later they click on yours, yours is the one that counts. In the event of competing claims for an affiliate commission, we may determine which claim is most eligible for the commission.

Affiliate might or might not be assigned to one coupon code with details and usage clarified on Dashboard. If a customer both clicks on the affiliate link and uses the coupon code, you will not receive a double commission. If you’re not assigned a branded coupon, then you’re not allowed to promote the coupon.

Affiliate may also advertise the merchant website on various online channels (Facebook, Instagram, LinkedIn, etc.) and offline channels (classified ads, magazines, and newspapers).

3. Commissions and payment

You will earn a commission for each customer referred through your link who completes a purchase on our website. Commission amount is calculated based on the outlined Commission structure. Commission amount is dependent on order value and not including extra fees (taxes, shipping cost, etc.).

For an Affiliate to receive a commission, they need to specify their payment details in their Settings as well as provide required tax information and any other applicable documentation. Payment schedule will be notified on the Affiliate Guide page. Affiliates are responsible for any taxes and fees applicable to commissions.

Payments will only be sent for transactions that have been successfully completed. Use of the Affiliate Program is subject to a fair use policy which gives the merchant the right to review each and every referral order. Status of commission is displayed on the Commission tab, any paid commission will be listed on the Payment tab. Transactions that result in chargebacks or refunds will not be paid out.

We reserve the right to deny eligibility for commissions if it has been obtained through fraudulent means, misuse of links, violation of the Affiliate Program, or any other means which we determine to violate the Terms of the Program.

4. Marketing tool

We may share promotional media such as banners, logos or specific collection promotions to you through the Marketing tool tab. You can download the media or get the HTML embed code in order to share on affiliate channels.

5. Cookies

We use cookies to track people who have clicked on your link, so they need to be using cookies and have them enabled in order for us to track their activity and credit you with commissions.

If a person doesn't allow cookies or clears their cookies then we can't track them, and therefore can't pay earnings on that person's activity.

The number of days cookies are active is outlined on the Affiliate registration form. The tracking day will start from the time a customer clicks on the affiliate’s link or uses the coupon. Within the cookie time, every order made by this customer at the merchant’s website will automatically result in commissions to the affiliate (There’s no need for the customer to click on the affiliate link again). If a customer or potential customer clears their cookies during the cookie time, we will not be liable for any commissions that may have been owed to you.

6. Removal from Referral Program

If an affiliate wishes to be removed from the affiliate program, they can do so by contacting: info@medshift.com.

7. Indemnification 

You will indemnify, defend, and hold MedShift harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) your participation in the Affiliate Program, (b) our use of the prospect data you provided us, (c) your noncompliance with or breach of these Terms, (d) your use of any tools provided in conjunction with the Program. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.

8. Applicable Law

This Agreement shall be governed by the laws of North Carolina, without regard to the conflict of laws provisions thereof. In the event either of us initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive venue and jurisdiction of such action shall be in the state and federal courts in Mecklenburg County.

9. Force Majeure 

Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

Privacy Policy for MedShift

Effective Date: November, 2023

WE RESPECT YOUR PRIVACY.
YOUR PRIVACY IS CRITICALLY IMPORTANT TO US.

At MedShift, LLC (“MedShift”) we value your privacy and are committed to protecting your personal information. This Privacy Policy outlines how we collect, use, disclose, and safeguard your information when you visit our website (“Site”) or make a purchase. By using our services, you consent to the practices described in this policy.

MedShift is responsible for the personal data that you share with us or that we receive about you. MedShift is responsible for processing personal information about you that is collected or otherwise used as you use this Site. Protecting your private information is our utmost priority and we aim to earn your trust by responsibly managing your personal information.

Information We Collect:

• Personal Information: When you make a purchase or create an account, we may collect personal information such as your name, email address, shipping and billing addresses, and contact details.

• • If you ask us to provide you with information related to MedShift products, we will process your contact information in order to do so.

  • You have the right to access, correct, update, or delete your personal information. You can also opt-out of marketing communications at any time by following the instructions in our emails.

• Payment Information: To process payments, we collect payment card details, which are securely processed by our payment service providers.

• Order Information: We collect information about your orders, including the products you purchase, order history, and transaction details.

• Device Information: We may collect information about your device, including your IP address, browser type, and operating system to enhance your browsing experience.

  • MedShift uses these data to provide you with access to the Site in a readable form, to identify and fix any technical problems that may arise, and to prevent and, if necessary, take action against any abuse of our services. We generally use an anonymized form of this data to analyze site statistics so that we can improve the look, user-friendliness, and content of our Site. In some cases, we partner with third parties who may host or manage our Site. When these partners have access to your data, we contract with them to require that they only process your data according to our instructions and applicable law.

  • Device information is also used to protect the security and integrity of our Site, mobile services, and our business.

• Cookies and Tracking: Our Site uses cookies and similar tracking technologies to gather information about your browsing behavior. You can manage your cookie preferences through your browser settings.

How We Use Your Information:

• Order Processing: We use your information to process and fulfill your orders, including shipping, delivery, and returns.

• Customer Support: Your information helps us provide customer support, respond to inquiries, and resolve issues.

• Personalization: We use your data to personalize your shopping experience, recommend products, and provide tailored content.

• Marketing: With your consent, we may send you promotional emails, newsletters, and updates about our products and services. You can unsubscribe at any time via the link provided in the email.

  • Our electronic communications sometimes contain “web beacons” embedded in an email in HTML format. This allows MedShift to recognize whether and when you open the email and which links you clicked on. Data collected through web beacons are stored and processed anonymously to optimize content and communications for you.

Information Sharing:

We do not sell, trade, share, or rent your personal information to third parties without your consent. However, we may share your information with:

• Service Providers: We may share your data with authorized and trusted service providers and partners who help us operate our business, such as payment processors, shipping companies, OEMs, and marketing agencies.

  • For example, we may use service providers to host, maintain, and operate the Site, manage social media profiles, send communications, conduct research, manage and analyze data, and perform other services for us.

  • We will only send your contact information to physicians in our network if you request to receive additional information from them.

• Legal Compliance: We may disclose your information when required by law, in response to legal requests, or to protect our rights, privacy, safety, or property.

• If we share your personal information with third-party service providers, we do not authorize them to use or disclose it for any purpose other than the intended purpose.

• MedShift may share customer information within our family of companies for a variety of purposes, like providing you with the latest information about our products, services, and promotions. This may involve the transfer of personal data to other locations outside your home country to other MedShift companies in different locations around the world. MedShift complies with all national data transfer laws.

MedShift complies with the General Data Protection Regulation (“GDPR”) and all European Union and Member state laws regarding data privacy and protection, to the extent required by law. MedShift also complies with local and regional privacy laws in other countries where we do business.

How We Use Cookie Data

This Site uses data cookies to simplify and improve your experience of our webpages. A cookie normally contains the name of the domain from which the cookie data was sent, information about the cookie’s age, and an alphanumeric identifier. Cookies are also used to collect information about how you navigate our Site, and what specific areas and products interest you.

This information in-turn enables us to improve our Site and your online experience. The information stored in the cookies is neither used to identify you, nor is it combined with other stored personal data about you. Instead, we use aggregate cookie data to analyze and improve our Site’s relevance and your user experience.

You can deactivate or restrict the transmission of cookies by changing your internet browser settings to disable the use of cookies. You may also use your browser to delete any cookies already stored. If you choose to deactivate or delete cookies for the Site, you may not be able to make full use of all the Site’s functions.

How We Use Google Analytics

We use Google Analytics to understand how users interact with our Site and to improve how our business communicates its commercial message online. The provider of this service is Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, which is certified under the EU-U.S. Privacy Shield framework. Google Analytics uses cookies, which transmit anonymized or truncated personal data to a Google server. The information about our Site generated by a Google Analytics cookie helps us evaluate the use of the Site, compile reports on activity, and provide us with other services relating to activity and internet usage.

You can find more information about Google’s data protection practices and terms of use by visiting Google’s website. You can prevent Google from collecting and processing cookie-generated data relating to your use of a website by downloading and installing a browser plug-in.

How We Use Google Maps

Our Site uses Google Maps API, which uses your location to provide additional services and features that you choose to interact with— for example, displaying the locations of MedShift companies and medical specialists near you. If you access Google Maps on the Site, technical data pertaining to your accessing the system (e.g., your postal code or IP address) may be transmitted to servers of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, which is certified under the EU-U.S. Privacy Shield framework.

If you do not wish to use Google Maps you should not use the integrated Google Maps feature on our Site or enter your address into the medical specialist locator tool.

How We Use YouTube Videos

Our Site sometimes displays YouTube videos. YouTube is a service offered by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, which is certified under the EU-U.S. Privacy Shield framework. You can prevent the transmission of your data to Google by not clicking on the YouTube videos integrated into the Site.

Data Retention, Storage, and Security

MedShift retains your information for business purposes, for as long as your account is active, or as long as is reasonably necessary to provide you with our products and services. MedShift will also retain your information as reasonably necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

We employ industry-standard security measures to protect your data from unauthorized access, disclosure, alteration, or destruction. While we take reasonable steps to safeguard your information, no method of online transmission is entirely secure. Therefore, we cannot guarantee the absolute security of your data.

Collection of Information from Children

MedShift recognizes the importance of protecting the privacy and safety of children. Our Site and services are primarily directed towards the general audience and are not directed towards children. We do not knowingly collect information about children under the age of 13 however there are some instances where we may collect information, but we will make sure parental consent is achieved beforehand. A parent or guardian of a child may contact us at (800) 980-0522 and ask for our Privacy Office to request that we delete such information.

Changes to the Data Privacy Policy

MedShift may review and update this Privacy Policy periodically without any prior notice to reflect changes in our practices or for legal reasons. MedShift will post a notice to the Site to inform you of any changes to our privacy policy and indicate when it was most recently updated.

Your Rights Regarding Your Personal Information

You have the right to access your personal information. You may request a copy of your personal information, which, upon proper verification of your identity, we will provide in a readily usable format, if feasible, that allows you to transmit this information from one entity to another entity without hindrance.

You have the right to know what personal information we collect, where we obtained the information, and who we shared it with. Specifically, you may request to review categories of (1) personal information we collect about you, (2) sources for the personal information we collect about you, (3) business or commercial purposes for collecting that personal information and, (4) the names of third-party service providers with which we have shared your personal information for a MedShift related business purpose.

You have the right to correct your personal information. You may review and amend personal information if you believe it may be out of date or incorrect, unless prohibited by law. You have a limited right to object to, restrict, or withdraw your consent from the processing of your personal information. We may continue to process your personal information, even if you have opposed the processing, if we have compelling legitimate grounds for the processing which overrides your privacy interest or if we have a legal right or obligation to do so.

You have a limited right to delete your personal information. Depending on the nature of the data, deletion may consist of erasing, aggregating, or anonymizing your information. After we receive your verified request, we will delete and direct our service providers to delete your personal information, unless we are legally prohibited from doing so.

If you object to MedShift processing your personal data as described in this Privacy Policy, you may send your concern about the processing of your personal data to the MedShift Privacy Officer at the address below. We kindly ask you to send such concerns (or objections) in written form stating your name, address, and phone number so that we can confirm your identity.

Right to Equal Treatment

MedShift will not discriminate against you, in any form, if you choose to exercise one of your rights listed above.

Contact Us

If you have questions or concerns about this Privacy Policy or our data practices, please contact us at (800) 980-0522.

MedShift LLC
328 W Carson Blvd
Charlotte, NC 28203

info@MedShift.com