For more than three decades, Obagi Medical® (“Obagi” or “we”) has been transforming the skincare industry with medical-grade skincare for every skin type, tone, and concern. We are among an elite few that transform all skin types and tones with medical-grade skincare. In addition to being formulated with the purest, most potent and most effective ingredients, our portfolio of products are dermatologist tested and physician endorsed.
Obagi is proud to offer a new program, the ProAffiliate Program (the “Program”), to select US based professional accounts (“Affiliate” or “you”) to further expand and grow their business, and to help offset some of the operational needs required to maintain and operate an e-commerce platform. By participating in the Program, Affiliate will be able to offer online ordering functionality to its patient base and continue to generate profit margin for online sales made by patients without the need to invest in the additional overhead needed to support this sales channel, by leveraging Obagi’s existing operational infrastructure for a service fee.
1. Registration
Currently, the Program is offered on an invite only basis to select accounts who carry Obagi within their physical locations. Obagi reserves the right to approve or reject any ProAfilliate registration in its sole and absolute discretion.
2. Affiliate Links
Each ProAffiliate member will receive their own unique URL. Each URL will be automatically generated by our system and Affiliate will be able to customize their unique ProAffiliate link. The custom link must relate specifically to the professional account holder, or the practice name determined by the information entered in the registration form (e.g. www.obagi.com/drsmith). Obagi reserves the right to modify and update the URL in its sole discretion and will provide written notice to Affiliate if any changes are made.
Affiliate will receive a QR code that will allow you to easily share its ProAffiliate link with its patients. We encourage you to share your ProAffiliate link on your website, social media platforms, and emails to your patients; however publicly posting your ProAffiliate link on discount sites such as Groupon or chatboards such as Reddit, is strictly prohibited.
3. Service Fee and Revenue
When any patient makes a purchase through your respective ProAffiliate link, Obagi will provide its operational services and infrastructure to process and fulfill all confirmed orders for a fee calculated upon 60% of the net sales generated through the Program (“Service Fee”). Net sales are hereby defined as the total amount of gross sales made through your ProAffiliate link, excluding tax charges and shipping costs, minus any deductions for applicable discounts, returned products/orders, refunds or chargebacks, or any other deductions relevant to the sales made through your respective storefront. Affiliate will then be entitled to the 40% margin, as it would have similarly received as a sale made directly through the practice (“Revenue”). Revenue will only be applicable for transactions that have been successfully completed.
All Revenue payments will be made through PayPal, and will be issued on a quarterly basis, 45 days after the close of the prior quarter. Revenue status is displayed in the Program dashboard on the “Revenue” tab and any previously paid Revenue will be displayed on the “Payment” tab. Service Fee amount is subject to review and modification by Obagi at any time, in its sole discretion.
4. Purchases
Patients who navigate to your unique ProAffiliate link or access your ProAffiliate link via your specific QR code, will be connected to your ProAffiliate profile for 30 days via a browser cookie (as further explained below), unless they clear their browser cookies, switch browsers, or use a different device. Any purchases made by that patient through obagi.com within the 30-day window will be automatically attributed to your profile. After the 30-day window, the patient will need to directly navigate to your specific ProAffiliate link again in order for you to continue earning Revenue on patient purchases. Obagi is unable to attribute any patient order that was not successfully captured in the Program back to any Affiliate or respective profile.
5. Browser Cookie
Obagi uses a browser cookie to track your patients who have clicked on your link in order to be able to attribute the purchase to your profile. Patient will need to have their browser cookies enabled for Obagi to be able to track their purchases and attribute them back to your profile. If a patient doesn't allow cookies or clears their cookies, then Obagi will be unable to attribute the patient’s purchase to your profile. Obagi is unable to attribute any patient orders that were not captured and tracked via the browser cookie back to any Profile.
6. Marketing Tools
We may share promotional media such as banners, logos or specific promotional materials through the “Marketing” tool tab, from time to time. You can directly download the media or copy the HTML embed code in order to share via your own channels.
7. Data Privacy
Affiliate acknowledges and agrees that Obagi is required to be compliant with respective US state consumer data privacy laws. Obagi and Affiliate will each comply with these state laws, and shall: notify each other in the event any patient or consumer requests the update or deletion of information collected by either Obagi or Affiliate; ensure that reasonable safeguards have been implemented to ensure compliance with these state laws; not share, sell or disseminate by any means any personal information of any patient or consumer that falls under the purview of these state laws; and fully cooperate with each other as it pertains to data privacy law compliance.
Affiliate acknowledges and agrees that due to the operation of this Program, Obagi may share your data with its affiliates and/or third parties.
8. Removal from Referral Program
If an Affiliate wishes to be removed from the Program, they can do so by contacting: proaffiliate@obagi.com. Any breach or non-compliance with any of these Terms and Conditions may result in removal from the Program, as determined by Obagi in its sole discretion.
9. General
Use of the Program is subject to a fair use policy which gives Obagi the right to review each and every order. Obagi retains the right to cancel any order that does not comply with its Terms of Use or is suspected to be fraudulent.
The Program may only be available for a limited time and is subject to change or cancellation by Obagi at any time. Obagi reserves the right to change or cancel the Program at any time upon notice to the Affiliate. Should Obagi terminate the program, any outstanding Revenue shall be paid out 45 days after the last date the Program is operational.
Obagi does not transfer any intellectual or other property, or proprietary rights to Affiliate. All rights, title and interest in any Obagi product and the ProAffiliate Program or any material created in connection with Obagi are owned by Obagi and are only for the Affiliate’s use in connection with the Program.
Obagi makes no warranties or representations of any kind, whether express or implied, with regard to the Program, and shall utilize reasonable efforts to maintain the ProAffiliate program in at least the same manner as it maintains its obagi.com website.
By participating in this Program, you acknowledge and agree that the Program may not be authorized or regulated by all state laws and that participation is undertaken at your own risk. Affiliate further agrees to indemnify, defend, and hold harmless Obagi, its affiliates, officers, directors, employees, agents, and representatives (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (i) your participation in the Program; (ii) any breach by you of these terms and conditions; (iii) any violation by you of any law or the rights of a third party; (iv) any claims or disputes related to your participation in the Program arising in states where the Program is not authorized or regulated.
To the fullest extent permitted by applicable law, in no event shall the Indemnified Parties be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Program; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Program; (iv) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Program by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Program.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to this indemnity clause or the Program shall be instituted exclusively in the federal or state courts located in the Southern District of New York.
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
We may amend, update or otherwise change, at any time and without prior notice, any or all of the Terms and Conditions contained herein. By participating in the Program, you agree to use the Program in the manner specified herein and are hereafter bound by these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not able to register as an Affiliate or participate in the Program in any manner.
You can always re-visit these Terms and Conditions at any time. If you have any questions, please email proaffiliate@obagi.com.
