Practitioner Account Policy

DNA Health’s Practitioner Account Policy

Effective Dates
August 15, 2021 – until further notice

Affected Customers:

  • U.S. Customers
  • Customers selling predominantly online to U.S. end-users who are patients of the practitioner-Customer

DNA Health reserves the right to determine which of its Internet Policies applies to each Customer.

Notice:  DNA Health products sold to U.S. customers may not be sold or shipped internationally

Minimum Advertised Pricing (Practitioner-Patient Sales ONLY):

The Minimum Advertised Price (“MAP”) Policy of DNA Health applies to all of DNA Health Practitioner-Customers selling its professional lines of products with the DNA Health logo or name on the label 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 DNA Health-hosted online store may place a link to their DNA Health 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.  DNA Health 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 DNA Health and are not open to discussion or negotiation with any practitioner-Customer.  DNA Health neither seeks (nor will it accept) any assurances from a practitioner-Customer that such Customer will not deviate from this MAP Policy.  

DNA Health reserves the right to not sell or supply products to any practitioner-Customer who is affiliated with a website that violates this MAP Policy. 

Customer-owned websites/domain names must be registered to the individual or the business name of the practitioner-Customer who is purchasing products from DNA Health.

 

Notice:

DNA Health reserves the right to not sell or supply its products to Customers, practitioner-Customers and Distributors who are not in compliance with DNA Health’s Internet Policies or who are selling or supplying DNA Health products to individuals or entities that are not in compliance with DNA Health’ Internet Policies.

 Third-Party Sites:

DNA Health’ policy is for all of its practitioner-Customers selling DNA Health products on-line to sell only on Customer-owned or DNA Health -hosted E-Commerce websites.  DNA Health does not authorize or permit sales of its professional lines of products on third-party websites (such as Amazon.com, eBay, and similar sites).

DNA Health reserves the right to not sell or supply products to any practitioner-Customer who sells DNA Health products on third-party websites. 

DNA Health will pursue the removal of unauthorized listings on third-party sites.  DNA Health expects practitioner-Customers selling DNA Health products to cooperate with requests related to third-party sites and investigatory inquiries.

Business Partners/Affiliate Programs:

DNA Health products may not be re-sold or re-distributed by a practitioner-Customer to any affiliate or business partner of the Customer without DNA Health’s knowledge and prior written consent, which may be withheld in DNA Health’s sole discretion. 

Payments for “click-throughs” or referral fees for the sale of a DNA Health product are prohibited. 

Use of Trademarks:

Customers shall not have the right to affix any of DNA Health trademarks to any product or other material, other than in the manner permitted in this Policy.  Customers shall not have any ownership right, title, or interest, express or implied, in DNA Health trademarks.  

Customers may not use DNA Health trademarks (or copyrighted material) on third-party websites (such as Amazon, eBay, and similar sites).  DNA Health 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 DNA Health trademarks to purchase online advertising or as key words for paid advertising purposes.

Customers who choose to use DNA Health trademarks on their websites must do so in a manner that prevents the trademarks from being searchable or “crawled,” to prevent the website or webpage from appearing in search engine results.

The trademarks are solely and exclusively the property of DNA Health.

Customers may use the DNA Health trademarks only in their current form, and in a form, context, and location that is acceptable to DNA Health. DNA Health may review a Customer’s website at any time.  DNA Health reserves the right to require a Customer to make changes to the Customer's website to the extent the Customer is using the DNA Health trademarks in a manner that violates DNA Health’s policies, any applicable FDA or FTC regulations, or any other applicable laws or regulations.  

Customers may not use any DNA Health 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 DNA Health’s websites, including text, graphics, images, video clips, and audio clips, is the property of, or is licensed by, DNA Health 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 DNA Health, which may be withheld in DNA Health’s sole discretion.  Content posted on DNA Health’s social media pages may be freely shared or re-posted.

The DNA Health logo may be used only in the special form supplied by DNA Health 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 DNA Health.

Disease Claims:

FDA requirements prohibit disease claims from being associated with dietary supplements.  In order to protect both practitioner-Customers and DNA Health itself from potential legal liability, DNA Health dietary supplements may not be displayed or mentioned in association with disease claims.  Only claims that appear on the DNA Health website (www.trydnahealth.com) may be used. 

 

Product Reviews and Testimonials:  For dietary supplements and cosmetics, product reviews and testimonials must be monitored and must not include disease claims. 

Miscellaneous:

DNA Health may, in its sole discretion, revise this Policy at any time.  In addition, DNA Health may, in its sole discretion, terminate a Customer's non-exclusive, limited license to use DNA Health trademarks or copyrighted materials at any time, upon written notice.          
Any failure or delay by DNA Health in enforcing any provisions of this Policy or any of DNA Health 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 DNA Health from enforcing the same or other provisions or rights at a later date.  

Violations of Policy:

Customers who violate this Policy will receive notice from DNA Health that they are in violation of the Policy.  If a Customer fails to bring the Customer’s website into compliance, DNA Health may de-activate the Customer’s account, and the Customer will no longer be able to purchase DNA Health products.  In addition, the Customer will be required to immediately cease all use of DNA Health’s 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 DNA Health.  DNA Health then will review the Customer's website.  If DNA Health determines that the Customer has brought his or her website into compliance, the Customer's account may be re-activated.  

DNA Health 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 DNA Health, in the event of any subsequent violation, DNA Health reserves the right to immediately terminate the Customer’s account.