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Supplemental Terms of Service for Incentive Programs

EXCEPT WHERE THE THESE SUPPLEMENTAL TERMS CONFLICT, ALL EMBARK REFERRAL PROGRAMS AND PROGRAM PARTICIPANTS ARE SUBJECT TO EMBARK’S GENERAL TERMS OF SERVICE, FOUND AT www.embarkvet.com/tos and EMBARK’S PRIVACY POLICY, FOUND AT www.embarkvet.com/privacy.

As with the General Terms of Service, We reserve the right to revise these Terms in our sole discretion at any time and without prior notice to you other than by posting the revised Terms on our Site. Revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. Your continued use of our Site after a revised version of these Terms has been posted on our Site constitutes your binding acceptance of the revised Terms from and after the date of such revision. If you wish to use the Site on behalf of a company, entity or organization (each, a ‘Subscribing Entity’), then you represent and warrant that you: (a) have the authority to bind such Subscribing Entity to these Terms and (b) agree to be bound by these Terms on behalf of such Subscribing Entity. THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND EMBARK VETERINARY, INC. ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS.

1. Definitions:

In addition to the terms defined in Embark’s general Terms of Service:

‘Embark’s Incentive Programs’ includes all programs or arrangements through which entities, other than the final purchaser of Embark services receives discounts, trainings, commissions, preferred pricing, or any other additional service for their own benefit as consideration based upon the number of Embark customers or Embark services they cause to be purchased by others. However, Embark’s Incentive Program does not include Authorized sellers or resellers of Embark kits. Currently, Embark’s Incentive Program includes participants in the:

  • Embark Shelter & Rescue Program
  • Embark Distributor Affiliate Program

‘Embark Incentive Program Partner’ includes all participants eligible to receive consideration pursuant to an Embark Incentive Program.

‘you’ or ‘your’ as used here and as applied to Embark’s general Terms of Service, includes all Participants in Embark’s Incentive Programs and all customers.

2. Embark Incentive Programs

Embark shall make provide agreed-upon compensation to participants in each Embark Incentive Program not less than quarterly. Embark shall track sales and provide that information to Embark’s Incentive Program at least quarterly.

Embark shall have the right to adjust, revise, modify or eliminate any commission, discount, or other consideration offered at any time.

Embark Incentive Program Partners agree that: (a) they are bound by these Terms of Service and Embark’s general Terms of Service; (b) they will provide Embark or its agents or representatives, including any third party retained by Embark for this purpose, with accurate information necessary to be eligible for, and to receive any earned commissions or other consideration; (c) any purchased Embark kits shall have the same return policy as an Embark Authorized Reseller; (d) Embark may remove any Embark Incentive Program Partner at any time, for any reason, or for no reason at all; (e) Embark Incentive Program Partners do not generally have access to the genetic results of the animals tested unless the owner chooses to share with them; (f) Embark Incentive Program Partners will not have access to client Personal Information, as defined in Embark’s Privacy Policy, unless authorized by Embark and Embark’s Privacy Policy; (g) Embark may eliminate any or all Embark Incentive Programs at any time, for any reason, or for no reason at all; and (h) Embark may modify these Terms of Service at any time.

Embark Incentive Program Partners intending to resell Embark Kits must separately sign and agree to Embark’s Reseller Agreement.

Embark Incentive Program Partners who are offered a choice of consideration (earning commissions or credits for tests or discounts, etc.) may modify their preference once per calendar quarter but the change will not be effective until the start of the following calendar quarter.

Only sales made through the Embark Incentive Program link shall be eligible for consideration through an Embark Incentive Program and only the entity selected by the customer through that link shall be credited with the sale.

Participants in Embark Incentive Programs are bound by all other terms in Embark’s Privacy Policy including but not limited to agreeing to be bound by Embark’s Prohibited Conduct, Limitations of Liability, Governing Law, Agreement to Arbitration, and Waiver of Class Action provisions in the same way an Embark Customer would be.