AFFILIATE PROGRAM TERMS

These terms and conditions (these “Terms”) apply to the MEDIFY AIR affiliate program (“Program”) provided by Medify, Inc. (“MEDIFY AIR”). By registering to participate in the Program, you acknowledge and agree that you have read all of the terms and conditions set forth in these Terms and you agree to be bound by these Terms.

MEDIFY AIR reserves the right to change or modify any of the terms and conditions contained in these Terms at any time and in its sole discretion by providing notice that these Terms have been modified. Such notice may be provided by (a) sending an email to the email address you provide when registering for the Program, (b) posting a notice on our website (“Site”), (c) posting the revised Terms on the Site and revising the date at the top of these Terms, or (d) such other form of notice as determined by MEDIFY AIR. Your continued participation in the Program will constitute your acceptance of such changes or modifications to these Terms.

If you are accessing the Program in your capacity as an employee, consultant or agent of a company (or other entity), you represent that you are an employee, consultant or agent of such company (or other entity) and you have the authority to agree (and be legally bound) on behalf of such company (or other entity) to all of the terms and conditions of these Terms.

For the purpose of these Terms, you and, if applicable, such company (or other entity) constitute “you” or “Affiliate”.

REGISTRATION

In order to participate in the Program, you must complete the Program registration form provided via the affiliate platform made available on the Site (“Affiliate Platform”) and you must be accepted into the Program by MEDIFY AIR. If accepted, we will notify you. You agree to provide accurate, current and complete information about you as may be prompted by the Program registration forms via the Site.

GENERAL REQUIREMENTS FOR ACCEPTANCE

You must meet the below core requirements in order to be accepted into the Program, but please understand that acceptance is at MEDIFY AIR’s sole discretion.

• You must operate a website or business in the United States


• You must have a website and/or social media with established engagement


• You must be in compliance with all of the terms and conditions set forth in these Terms


• Your website or business must not constitute a coupon or offer website/platform

LICENSE

Subject to the terms and conditions of these Terms and solely during your participation in the Program, MEDIFY AIR grants you a non-exclusive, non-transferable, limited license to use MEDIFY AIR’s trade names, trademarks, service marks, symbols, and logos, and the assets, copy, and discounts provided to Affiliate by MEDIFY AIR through the Affiliate Platform (collectively, “MEDIFY AIR Assets”) solely to fulfill your obligations under the Program. Except as set forth in this paragraph, nothing in these Terms grants to you any right, title, or interest in or to any of the MEDIFY AIR Assets, and, all use of the MEDIFY AIR Assets will inure solely to the benefit of MEDIFY AIR. Affiliate will promptly notify MEDIFY AIR of (a) any known use by any third-party of any MEDIFY AIR Assets, or (b) any known use by any third-party of similar trade names, trademarks, service marks, symbols, or logos which may constitute an infringement or “passing off” of MEDIFY AIR’s trade names, trademarks, service marks, symbols, or logos.

OBLIGATIONS/RESTRICTIONS

• None of the MEDIFY AIR Assets may be modified without MEDIFY AIR’s prior written consent in each instance


• Affiliate will never represent its relationship with MEDIFY AIR in a false or misleading way, and Affiliate will not use deceptive, misleading, illegal or unethical practices in fulfilling any of its obligations under the Program or these Terms


• Affiliate may not engage in any conduct that is likely to result in retaliation against MEDIFY AIR or its employees, officers, directors, contractors or other agents


• Affiliate may not use any inappropriate techniques (including, but not limited to, cookie stuffing, misleading links, masking of the referral link, redirects, repeated manual clicks, using robots or automated query tools, using computer-generated search requests, and/or fraudulently using other search engine optimization services and/or software) in an attempt to defraud MEDIFY AIR


• Affiliate will not bid on any MEDIFY AIR keywords or similar keywords unless Affiliate has received prior written approval from MEDIFY AIR

MARKETING

• All of Affiliate’s marketing costs with respect to the MEDIFY AIR program will be the responsibility of Affiliate


• Affiliate must have all marketing approved, in writing (email will suffice), by the MEDIFY AIR team prior to deploying


• Affiliate may not create websites or advertisements that copy or resemble the look and feel of any of MEDIFY AIR’s properties without MEDIFY AIR’s prior written consent


• Affiliate may not offer coupons or incentives as a part of its marketing efforts unless approved in advance by MEDIFY AIR


• Affiliate may not create any domains, sub-domains, or handles that use any of MEDIFY AIR’s trade name, trademarks, service marks, symbols, or logos


• Affiliate must abide by all applicable laws and regulations including, but not limited to, the CAN-SPAM Act of 2003 (Public Law No. 108-187)


• Affiliate must ensure that all emails from Affiliate show that they are from the Affiliate in the from line and no email can look like they are coming from MEDIFY AIR


• Affiliates may not bid on MEDIFY AIR branded keywords

WEBSITE/BUSINESS RESTRICTIONS

Your website or business (including, but not limited to, any marketing materials created by you or a third party acting on your behalf) must not contain any messages, text, materials, data, information, software, audio, art, images, photos, video, graphics, or other items or materials that may reasonably:

• Violate any laws or regulations - Infringe or violate any copyrights, trademark rights, patent rights, trade secret rights, rights of publicity, rights of privacy, or any other rights of MEDIFY AIR or any other individual or entity


• Be considered defamatory, obscene, threatening, inflammatory, malicious, harassing, offensive, hateful, or harmful to any individual or entity


• Be considered obscene, pornographic, indecent or sexually explicit or that constitutes, fosters or promotes pornography or bestiality


• Depict graphic, excessive, or gratuitous violence


• Be false, misleading, or deceptive


• Store or transmit any material that contains software viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, corrupted data, or any other computer code, files. or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware

COUPON GUIDELINE

• Affiliate will only use coupons provided to it by MEDIFY AIR through the Affiliate Platform


• Affiliate will not use any coupon or offer found on any other website/platform to promote the MEDIFY AIR program


• Affiliate may only use coupons on its own website or platform and will not submit any codes to a coupon website/platform


• MEDIFY AIR will not pay a commission to Affiliate for a sale from a non-MEDIFY AIR coupon, but MEDIFY AIR will not reverse the customer transaction

CALCULATION OF COMMISSIONS & PAYMENT

In order to receive commissions, you must use the unique link assigned to you by MEDIFY AIR in accordance with the Link Usage Guidelines (“Link Guidelines”). The Link Guidelines are available at [email protected] and the Link Guidelines are incorporated into these Terms by reference. The unique link assigned to you tracks your sales by capturing when individuals click on one of your advertisements. At the close of each calendar month, MEDIFY AIR will calculate the revenue received by MEDIFY AIR from each customer order resulting from your unique link during the just completed calendar month. With respect to subscriptions, the initial sale is included in the calculation of commissions and renewals are not. Within approximately 30 days of the close of each just completed calendar month, MEDIFY AIR will pay to you the commissions for such just completed calendar month. Commission payments will usually occur via PayPal.

• All commissions are less taxes, duties, interest, penalties, late charges, similar charges, and any amounts MEDIFY AIR must pay third parties


• We reserve the right to reverse commissions due to order cancellations, disputed charges, duplicate orders, or any violation of these Terms


• If we discover that you have attempted to create a fraudulent order, your participation in the Program will immediately be terminated

REPORTING VIOLATIONS

If you become aware of any violation of any of the terms or conditions of these Terms, you are required to immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation, please contact: [email protected].

TERM & TERMINATION

Your participation in the Program will begin when you are accepted by MEDIFY AIR into the Program. MEDIFY AIR reserves the right, but does not have any obligation, to monitor or police activity in connection with the Program. If MEDIFY AIR reasonably believes that you have violated any of the terms or conditions of these Terms, in addition to other available remedies, your participation in the Program will immediately terminate. MEDIFY AIR will generally attempt to notify you of any activity in violation of these Terms and request that you cease such activity.

Also, your participation in the Program may terminate if (a) you notify MEDIFY AIR that you would like to terminate your participation, or (b) MEDIFY AIR otherwise terminates your participation. If your participation in the Program is terminated due to a violation of these Terms, any outstanding commissions earned will be forfeited by you.

If your participation in the Program is terminated for any other reason or you elect to terminate your participation in the Program, any outstanding commissions up to the effective date of such termination will be paid to you within 60 days of the effective date of such termination.

GENERAL

These Terms set forth the entire agreement and understanding of you and MEDIFY AIR relating to the Program, and supersede all prior or contemporaneous agreements, proposals, negotiations, conversations, discussions and understandings, written or oral, with respect to such subject matter and all past dealing or industry custom. These Terms will be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. IN NO EVENT WILL (A) MEDIFY AIR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, ANY INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MEDIFY AIR HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) MEDIFY AIR'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNTS PAID BY MEDIFY AIR TO YOU PURSUANT TO THESE TERMS DURING THE SIX MONTH PERIOD PRIOR TO THE ACCRUAL OF THE FIRST CLAIM. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. Neither party will, for any purpose, be deemed to be an agent, franchisor, franchise, employee, representative, owner or partner of the other party, and the relationship between the parties will only be that of independent contractors. Neither party will have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever. You may not assign, delegate, or transfer (by sale, merger, operation of law, or otherwise) these Terms or any right, title, interest, or obligation hereunder without the prior written consent of MEDIFY AIR. Any attempted or purported assignment, delegation, or transfer in violation of the foregoing will be null and void and without effect. If any provision of these Terms is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled. You agree that communications and transactions between us may be conducted electronically.

Effective Date: 09/01/2020

Medify Air LLC, located at 1325 SW 30th Ave Deerfield Beach, FL 33442, United States of America, its subsidiaries and/or affiliates ("Medify", "we", "us", or "our") know the importance of privacy to our customers, and we strive to be clear about how we collect, use, disclose, transfer, and store your personal information.

This policy applies to any devices, websites, and other customer service platforms (collectively “services”).

If you have any comments or questions about this Privacy Policy, please contact us at the email address below with the subject line “Privacy Policy”:

Email: [email protected]

Web Form: https://medifyair.com/pages/contact-1

Phone: 888.258.1008

You can also contact us at:

United States: 1325 SW 30th Ave Deerfield Beach, FL 33442

Privacy Policy Outline

• What Personal Information We Collect
• How We Collect Your Personal Information
• Why We Process Your Personal Information
• How We Share Your Personal Information
• Data Security
• How Long We Store Your Personal Information
• Transfer of Personal Information
• Your Rights
• Your Choices
• Are Children Allowed to Use Medify?
• Third-party Links and Devices on Our Services
• EU Processing, Retention, and Transfer
• Modifications

What Personal Information We Collect

In order to render our services, we may collect any information you directly provide to us.

This includes, but is not limited:

• The information when you create or use your account or profile, such as your name, gender, telephone, date of birth, email address, personal description, and photograph.
• The information about your orders from us, such as your name, consignee, shipping and billing addresses, phone numbers, payment information, which includes credit card details in order to process your order.
• If you communicate with us, we may collect information, such as your name, email address, telephone number, content of posted reviews, complaints, and/or advice.
• Any information you share with us, including any messages sent to us.
  
  

How We Collect Your Personal Information

When you use our services, we may collect your personal information through your devices, computers, your mobile device, and other ways:

Device Information
Such as the device model, hardware information, and other unique device identifiers, including serial number, sales code, access recording, current software version, MAC address, IP address, operating system version, the status of the device, and settings of the device you use. We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

Cookies
We use "cookies” and other similar technologies, such as pixel tags and web beacons, and we obtain certain types of information when you use our services. Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device. Because cookies allow you to take advantage of some of our essential features, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you may not be able to add items to your shopping cart, proceed to checkout, or use devices and services that require you to sign in.

Location Information
When your device contacts us, we may use your location information, such as longitude and latitude, time zone settings, region, country, etc.

Login Information
During your login, we will process your email address, password, IP address, cookies, network request information, and other items.

Operation Information
We may collect session information and history of operation of devices, applications, websites, or other platforms, including page response times, errors, length of visits to certain pages, page interaction information, history of logging in, your schedule settings, input records, and methods used to browse away from the page. We may also collect technical information to help us identify your device for diagnostic purposes and fraud prevention.

Other information
We may also collect other personal information when you use the device or services in ways that we describe at the point of collection or otherwise with your separate consent when required, such as environmental characteristics value (ECV).

Why We Process Your Personal Information

We process your personal information for the following purposes

• To perform our duties listed on the contract between you and Medify Air LLC, its subsidiaries and/or affiliates
• To register you or your device for our services
• To provide services you request
• To verify identity, assist with user-identification, and to determine appropriate services
• To send important notices to you, such as communications about orders and changes to our terms, conditions, and policies
• For advertising, such as providing our latest product and service announcements, software (including mobile applications) updates, and upcoming events
• To help us provide, maintain, develop, operate, deliver, and improve our products and services to you
• For internal purposes such as auditing, data analysis, loss prevention, and fraud prevention
• Additionally, we may use any anonymized or aggregated data that incorporates or is derived from your personal information after you update or delete it; however, we will not do so in a way that identifies you personally

Medify’s legal basis for processing personal data is that it is necessary for the performance of the contract between you and Medify Air LLC, its subsidiaries and/or affiliates. For example, we use your personal data to process your purchase order and to provide you with the full features of our product. Furthermore, the processing of your personal data is necessary for:

• Complying with legal requirements
• Necessary for Medify's legitimate interests (for example, managing our relationship with you and improving the relevance of our communications, experiences, and customer service)
• Receiving consent from you (for example, to send you marketing information). This consent may be withdrawn at any time by contacting us or changing your settings through your device, website, email, or your mobile phone. If you withdraw your consent, you might not be able to take advantage of parts, or all, of our products and services including applicable special offers.
  
  

How We Share Your Personal Information

We do not sell any personal information to third parties. We may process personal information in accordance with this Privacy Policy. We may disclose this information to our customer service team, legal team, finance team, and our sales and marketing teams. Besides that, we may also share your personal information within our business as described below to perform our services.

Affiliates
Your information may be shared among Medify affiliates for the purposes described in this Privacy Policy. The term “affiliates” refers to companies related to Medify Air LLC by common ownership or control. Affiliates may also include other companies related by common ownership or control.

Third-Party Service Providers
In certain situations, the third party may sell items or provide services to you through our services (either alone or jointly with us). Examples include fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analysing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions but may not use it for other purposes. We will disclose your personal information to that third party only to the extent that it is related to such transactions or services, and to the extent that you have explicitly accepted incremental terms with the third party whereby you acknowledge and authorize us to share your personal information.

Promotion
Sometimes we may send offers to selected groups of Medify customers on behalf of other businesses. When we do this, we do not give that business or third parties your name or address.

Text Marketing and notifications:
By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 30 a month. You acknowledge that consent is not a condition for any purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted for as a reasonable means of opting out. Message and data rates may apply.

For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt out please follow the procedures above.

Business Transfers
As we continue to develop our business, we may sell or buy assets in which customer information is one of the transferred business assets but remains subject to the promises made in any pre-existing privacy notice (unless, of course, the customer does not consent).

Protection of Medify and Others
We release account and other personal information when: we believe release is appropriate to comply with the law; when it’s necessary to enforce or apply our Terms of Use and other agreements; or when it’s necessary to protect the rights, property, or safety of Medify, our users, or others. However, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.

With Your Consent
Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

Data Security

We are committed to ensuring that your personal information is secure during processing and transferring. We do this by using secure software. To prevent unauthorized access, disclosure, or other similar risks, we have implemented reasonable physical, electronic, and managerial measures to safeguard and secure the information we collect.

How Long We Store Your Personal Information

We will not hold your personal information for longer than is necessary for the purpose it was collected. We will delete or remove it from our systems as soon as it is reasonable to assume that the purpose for which that personal information was collected is no longer being served by retention of that personal information.

EU Processing, Retention, and Transfer

As described above, Medify is a company located in USA. For the performance of the contract and delivery of our services, your personal information will be transferred, stored, and processed outside your country of residence, which may have different data protection standards than your country of residence. Such countries include, but are not limited to, the EU and the United States of America. Please note that data processed in a foreign country may be compliant to foreign laws and accessible to foreign governments, courts, law enforcement, and regulatory agencies, which may differ from your country’s.  If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.  We will take reasonable measures to ensure an adequate level of data protection.

Your Rights

You have the right to request details about the information we process about you and to request us to correct or delete your information; the right to object to, or request the restriction of, processing; and the right to request access to, to request the erasure of, or to know the portability of your information. In some cases, you may edit, modify, or remove some personal information you have provided to us directly through our websites and mobile applications. When you change your information, however, we may maintain a copy of the original information in our records for some time.

Under the laws of some regions and countries, we have the power to refuse your requests that are unreasonable or for which access is not required by local law.

If you request us to delete your personal information, you acknowledge that you may not be able to access or use our services and that some information may continue to reside in our records for some time in compliance with applicable law, but we will not process that information for commercial purposes. You understand that, despite your request for deletion, we reserve the right to keep your personal information, or a relevant part of it, according to applicable laws.

California Civil Code Section 1798.83 permits customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, contact us by email and include your name and the address to which you would like us to respond and that this is a request pursuant to the User’s California Privacy Rights.

If you would like to make a request to access your information, or for more detail about processing, please contact us by email at [email protected].

Your Choices

You have a choice in whether or not, and how, you receive promotional information from us. One way this choice is made is by initially subscribing. If you change your mind, you can unsubscribe through our emails, or through our websites or mobile applications. You can always choose not to provide information, though it might be necessary to make a purchase or to take advantage of certain features of our services.

You can also contact us to change your privacy preferences. For example, you can control how and when you want to receive notifications from us by unsubscribing to emails as prompted in our email footers. Some administrative emails regarding your registered account (e.g., emails about your transactions, policy changes, forgotten password and confirmation emails) may not be opted out of.

If you want to delete cookies, change your browser or mobile application settings. If you switch browsers or computers, or use another operating system, you will need to opt out again. Learn more about how to manage cookies below:

Google Chrome Mozilla Firefox Apple Safari Internet Explorer

If you do not want to share your location with us, most mobile devices provide users with the ability to disable location services. Most likely, these controls are located in the device's settings menu. If you have questions concerning this, we suggest you contact your mobile service carrier or your device manufacturer.

Are Children Allowed to Use Medify?

We do not provide services for purchase by children. If you are under 18, you may use Medify’s services only with the involvement of a parent or guardian. We do not knowingly collect personal information from children under the age of 13 without the consent of the child's parent or guardian. Should a parent or guardian have reasons to believe that a minor has provided Medify with personal information without their prior consent, please contact us to ensure that the personal information is removed and the minor unsubscribes from any of the applicable services.

Third-party Links and Devices on Our Services

Our Privacy Policy does not apply to products and services offered by third parties. Our products and services may include third-party products, services, and links to third-party websites. When you use such links, products or services, the third party  may collect your information. For this reason, we strongly suggest that you read the third party’s Privacy Policy, just as you have taken the time to read ours. We are not responsible for, and cannot control, how third parties use personal information which they collect from you. Our Privacy Policy does not apply to other sites linked from our services.

Modifications

If you have any concern about privacy at medifyair.com, please contact us with a thorough description, and we will try to resolve it. OUR BUSINESS CHANGES CONSTANTLY.  WE MAY UPDATE THIS PRIVACY POLICY FROM TIME TO TIME IN ORDER TO REFLECT, FOR EXAMPLE, CHANGES TO OUR PRACTICES OR FOR OTHER OPERATIONAL, LEGAL OR REGULATORY REASONS.  MEDIFY’S ,  TERMS OF USE MAY CHANGE AS WELL. WE MAY EMAIL PERIODIC REMINDERS OF OUR POLICY AND TERMS HOWEVER IT IS YOUR RESPONSIBILTY TO CHECK OUR WEBSITE FREQUENTLY TO SEE RECENT CHANGES. UNLESS STATED OTHERWISE, OUR CURRENT PRIVACY POLICY APPLIES TO ALL INFORMATION THAT WE HAVE ABOUT YOU AND YOUR ACCOUNT. We stand behind the promises we make and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at [email protected] or by mail using the details provided.