Date of Last Revision: 8/20/2024

Welcome!

These terms and conditions govern the use of the GobyMeds Customer Referral Program.

The Referral Program is subject to the specific Terms and Conditions provided below, as well as the GobyMeds Terms of Service (available here), the GobyMeds Privacy Policy (available here) and the GobyMeds Disclaimers (available here). By participating in the Referral Program, You agree to comply with these Terms. Please read them carefully before participating in the Referral Program.

Unless the context requires otherwise, capitalised terms and expressions in this Agreement are defined terms and expressions which shall have the following meaning:

“Terms” means these terms and conditions, together with all other applicable web page Terms of Service, Privacy Policy, Disclaimers and Consents that You acknowledge and agree to when creating an account with Us;

“We”, “Us”, “Our” means Goby Health, LLC (DBA GobyMeds), having its registered business address at 8 The Green, Ste A, Dover, DE 19901, United States of America;

“You”, “Your” means the participant in the Referral Program;

“Referral Program” means the GobyMeds Customer Referral Program;

“Referral” means third-party activity directed to and recorded on Our Web Page, verified as originating from a Personalized Referral Link which also results in the third-party purchase of one of Our Products for the first time by that third-party;

“Referral Credit(s)” means, an account credit that, upon meeting the criteria defined in these Terms, may be redeemed toward a future purchase of one of Our Products listed for sale on the Web Page where the Referral Credit was earned, has no cash value, and is non-transferable.

“Personalized Referral Link” means the unique Universal Resource Locator (URL) link assigned to You by software made available by Us directing third parties to the Web Page or (a) specific web page(s) relating to a specific Product for the purpose of tracking third-party purchases made directly as a result of clicking on that/those website URL(s);

“Products” means the products and/or services provided on the Web Page;

“Web Page” means the website page(s) with the website Universal Resource Locator (URL): www.gobymeds.com, or, my.gobymeds.com, or, my.gobymeds.com/affiliate, or any and all other sub-domains controlled by Us.

These Terms shall be construed in accordance with the laws of the State of Delaware, without regard to any conflict of law provisions. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force effect.

Participation: The Referral Program is open to all GobyMeds customers with an active account and in good standing.

Acceptance: By participating in the program, You accept these Terms.

Upon acceptance of these Terms, You will receive a Personalized Referral Link via Your account portal in the Web Page.

Each Referral is required to:

Personal Contacts: You are encouraged to share Your Personalized Referral Link with friends, family, and acquaintances who might benefit from GobyMeds.

Good Faith Community Practices: Ensure that You have permission before sharing Your Personalized Referral Link in any community or online group. Follow the community’s rules regarding promotional posts.

Use of Personal Platforms: You may share Your Personalized Referral Link on Your personal social media accounts, websites, blogs, and other platforms You control.

No Cash Value: Qualified Referral Credits may only be exchanged for discounts on Our Web Page. Referral Credits have no cash value and may not be exchanged for cash in any circumstances.

Non-Transferable: You may not transfer any Referral Credits to another person or account and Referral Credits will only be associated with the account which earned them.

Credit Value: The redeemable value of Referral Credits may change occasionally and will be set forth in the Referral section of Your patient portal. The applicable Referral Credit amounts are set to the value displayed in Your portal when the invitation was sent to the Referee to participate in the Referral Program.

No Representations Regarding Income Potential: GobyMeds makes no representations, guarantees, or warranties regarding potential income that may result from the Referral Program and GobyMeds specifically disclaims any and all warranties relative to earning potential from Your status as a Referrer.

No Right To Referral Credits: Referral Credits will only be issued to You for Gross Revenue (which is a result of the gross sales price paid for one or more Product(s) by a third party and actually received by Us as a direct result of a third party clicking on a Referral Link), and only if: (i) those Referral Credits are tracked through the tracking system of the software used by Us; and (ii) a Referral Link is indicated by that software as the source of those Referral Credits. For the avoidance of doubt, no Referral Credit or other remuneration shall be issued by Us to You for any other, additional or subsequent products or services, including, but not limited to: any additional or subsequent purchases made in the Web Page by third parties who have previously purchased Products in the Web Page as a direct result of clicking on the Referral Link; any purchases in the Web Page by third parties that have not been registered by the software that registers purchases made through the Referral Link; or any payment made to Us made by third parties for other products or services promoted, sold, advertised or otherwise mentioned on any website, social media platform or any other communication medium used by GobyMeds or elsewhere.

Information Rights: We are not obliged to provide You with any specific information relative to any customer, regardless of whether such customer accesses our Web Page through a Referral Link. We are only responsible for informing You by way of tracking software of the Referral Credits due to You as a result of sales made through Your Personalized Referral Link. Such information will not be audited.

Qualification: Referral Credits are earned when a Referee’s first order is completed, AND their medication has been shipped.

Applying Credits: Referral Credits cannot be applied to an order until they are Qualified. Referral Credits can be applied when a follow-up order is placed. Referral Credits can only be applied up to the order amount, and any unused Referral Credits will continue to be available for future orders if they are extant and valid.

Expiration: Referral Credits expire 12 months after being marked as 'Qualified'. Expired Referral Credits may no longer be redeemed.

Excessive Use / Suspicious Activity: GobyMeds reserves the right to limit the number of Referrals one customer can make if excessive or suspicious activity is detected.

Revocation: If a Referral Credit is associated with an order which is later refunded, returned or canceled for any reason, GobyMeds reserves the right to revoke the associated Referral Credit from the Referrer’s account.

The following is a non-exhaustive list of activities that are not permitted and that will disqualify Referrers and Referees from earning Referral Credits through the Referral Program: (i) self-referral; (ii) making purchases on behalf of another or under an account that is not Yours; (iii) creating fake accounts, blogs, web pages, profiles, websites, links or messages; (iv) any bulk email distribution, submission or distribution to strangers, or any other promotion that would constitute or appear to constitute unsolicited commercial email or “spam”; (v) posting Your Personalized Referral Link on any page that is not owned and controlled by You, including, but not limited to, any merchant, Facebook, or forum page; (vi) bidding on any keywords containing GobyMeds marks or common misspellings thereof; (vii) placement of our logos or mention of our trademarks or tradenames in any ad text, extensions or banner ads; (viii) paid advertising for the purpose of generating traffic directly to Your Personalized Referral Link; (ix) misleading or attempting to mislead anyone in connection with the Referral Program, including, but not limited to, misrepresenting Your relationship with Us or posing as our representative in an official capacity; and (x) taking any action or making any content that is disparaging or defamatory to Us. Multiple accounts created with the same name, address, email address or other identifying feature may be flagged as fraudulent Referrals. Referral Credits are not valid for cash or cash equivalent or previously paid product purchases. No exchange of value for the Referral Program invitation or any Referral Credit (whether cash, product or barter) is allowed, and Referral Credits cannot be transferred to other people or accounts.

Any modification or efforts to bypass, manipulate, obscure or otherwise modify the delivery and accurate presentation of sharing tools, content, disclosures or other materials and instructions We provide will be considered a violation of these Terms.

Referral Credits cannot be combined with any other discount codes. Referees may only earn one Referral Credit per referred person. In the event a Referee returns a purchased item relating to the Referral Program, the associated Referral Credit awarded to the Referrer will be rescinded. Any abuse of this offer, as determined by GobyMeds in its sole discretion, may result in the rescission of the referring Referrer’s Referral Credit and the inability to participate in this or future promotions. Referral Credits cannot be applied to previous purchases, are not redeemable for cash and are not transferable.

The amount of Referral Credits that You may receive and the time period in which You may earn Referral Credits are subject to limitation.

Monitoring: GobyMeds monitors Referral activity for fraudulent behavior. Any attempt to acquire or award fraudulent Referrals will result in disqualification from the Referral Program and forfeiture of any earned Referral Credits.

Verification: GobyMeds may require verification of referring and referred accounts to ensure compliance with these Terms.

Reservation of Rights: GobyMeds reserves the right to withhold, deny or cancel any Referral Credits and/or terminate Your account if GobyMeds, in its sole discretion, deems any Referral Credit as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with the Terms or any other applicable law or regulation. Our decisions are final.

Technical Failures: GobyMeds is not responsible for any technical failures or delays in processing Referrals or Referral Credits.

Disqualification: GobyMeds is not liable for disqualified Referrals or forfeited Referral Credits due to violation of these Terms.

Modifications: GobyMeds may update or modify these Terms at any time. It is Your responsibility to remain up to date on the current terms of the Referral Program in order to participate in it. Continued participation in the Referral Program constitutes acceptance of any changes, including changes to how Referral Credits are received, calculated or redeemed.

Notification: GobyMeds will make reasonable efforts to notify participants of significant changes to these Terms.

Cancellation: GobyMeds reserves the right to cancel the Referral Program at any time for any reason. In such an event, all unused Referral Credits will become null and void.