Advertising and Marketing Content Policy

Market Health has various policies and guidelines designed to reduce fraud and combat consumer deception, which are summarized in this Advertising and Marketing Content Policy (“AMCP”). Each Affiliate and Affiliate Network is required to read and specifically agree to the AMCP.

This policy is not intended to be comprehensive. Market Health Reserves the right to terminate, disconnect, disable or halt payments from any Affiliate or Affiliate Network that, to its knowledge, presents fraudulent or deceptive advertising to consumers or any other practices contrary to this policy.

Any specifically-defined terms are included in the last section of this AMCP.

Any questions regarding these policies should be directed to your Affiliate Manager.

I. PROHIBITED BUSINESS ACTIVITIES

All Affiliates and Affiliate Networks are prohibited from:

A. Misrepresenting any material fact, expressly or by implication, including, but not limited to:

1. That any website or other publication is an objective news report (including but not limited to using domain names or logos of major broadcast and television networks, falsely representing that the reports on the sites has been seen on the networks);

2. That any objective news reporters have performed independent tests of any product, service or program, including Dietary Supplements, Drug, or Cosmetic Supplies;

3. That any independent tests demonstrate the effectiveness of any product, service or program featured in any website or other publication, including Dietary Supplements, Drug, or Cosmetic Supplies;

4. That comments posted on websites express the views of independent consumers;

5. That there is no cost for a trial of goods or services or that consumers will only be charged a nominal fee (any shipping and handling or additional terms and conditions need to be displayed close to the word “Free,” when that word is used);

6. The total cost to purchase, receive or use the product, service or program;

7. Any material restrictions, limitations, or conditions to purchase or receive the product, service or program;

8. Any material aspect of the performance, efficacy, nature or central characteristics of the product, service or program;

9. Representing that a specific product has a celebrity endorsement, when no such endorsement exists (i.e. Dr. Oz, Oprah, etc.)

10. Having misleading links on web pages, i.e. Twitter links that don’t go to Twitter.

11. Having false geo-targeting claims, unless such claims are truthful (i.e. “New Law in California”)

12. Having false limited time and supply claims (i.e. a countdown clock or “only 5 left in stock,” unless such claims are true)

B. Failing to disclose, Clearly and Prominently:

1. Any material connection, when one exists, between any user or endorser of any product, service or program and Market Health or any other Affiliate or person manufacturing, advertising, labeling, promoting, offering for sale, selling or distributing such product, service or program;

2. If applicable, that the content of any website or other publication has not been authored by an objective journalist but is in fact an advertisement placed for compensation;

3. If applicable, that the consumer will be subject to recurring charges for additional shipments of goods or services unless and until the consumer takes specific steps to cancel the additional shipments.

II. PROHIBITED REPRESENTATIONS: WEIGHT LOSS CLAIMS

All Affiliates and Affiliate Networks shall not make claims (either directly, by implication, endorsement, depiction, illustration, or other means) that the product:

A. Causes or helps weight loss;

B. Causes or helps rapid weight loss; or

C. Causes or helps substantial weight loss;

Unless the representation is non-misleading and, at the time of making the representation, relies on competent and reliable scientific evidence that substantiates that the representation is true, backed by at least two Adequate and Well-Controlled Human Clinical Studies.

III. PROHIBITED REPRESENTATIONS: OTHER HEALTH CLAIMS

All Affiliates and Affiliate Networks shall not make claims (either directly, by implication, endorsement, depiction, illustration, or other means) about the health benefits, performance or efficacy of a product unless the representation is non-misleading, and, at the time of making such representation, has competent and reliable scientific evidence based on standards accepted in the relevant scientific fields, conducted and evaluated in an objective manner.

IV. PROHIBITED REPRESENTATONS: NON-HEALTH CLAIMS

All Affiliates and Affiliate Networks shall not make claims (either directly, by implication, endorsement, depiction, illustration, or other means) about the benefits, performance or efficacy of a product unless the representation is non-misleading, and, at the time of making such representation, has competent and reliable evidence based on standards accepted by professionals in the relevant area, conducted and evaluated in an objective manner.

V. PROHIBITED REPRESENTATIONS: TESTS/STUDIES

All Affiliates and Affiliate Networks shall not make any misrepresentations the existence, contents, validity, results, conclusions or interpretations of any test, study or research in connection with the sale or use of any product.

VI. DEFINITIONS

A. “Adequate and Well-Controlled Human Clinical Study” means a human clinical study that is randomized, double-blind, placebo-controlled and conducted by persons qualified by training and experience to conduct such a study.

B. “Affiliate” means any person who participates in Market Health’s affiliate program.

C. “Affiliate Network” means any person who provides another person with Affiliates for an Affiliate Program or whom any person contracts with as an Affiliate to promote any good or service.

D. “Clearly and Prominently” means (a) in textual communications (i.e. printed publications or words on a computer screen), the required disclosures are of a type, size and location sufficiently noticeable for an ordinary consumer to read and comprehend them, in print that contrasts on the background on which they appear; (b) in communications disseminated orally or through audible means (i.e. streaming audio) the required disclosures are delivered in a volume and cadence sufficient for an ordinary consumer to hear and comprehend them; (c) in communications disseminated through video means (i.e. streaming video), the required disclosures are in writing in a form consistent with subparagraph (a) and appear on screen long enough for a consumer to read and comprehend them; (d) in communications made over online services, the required disclosures are unavoidable and consistent with the preceding paragraphs, and (e) that all disclosures are presented in understandable language.

E. “Cosmetic Supplies” means any product or service that is intended to enhance or alter physical appearance, including but not limited to teeth whitening or skin cream products.

F. “Dietary Supplement” means any product labeled as a dietary supplement, or any pill, tablet, capsule, powder, softgel, gelcap, liquid or other similar form containing one or more ingredients that are a mineral, herb, botanical, amino acid, or other dietary substance for use to humans to supplement the diet and is not represented to be used as a food item.

G. “Drug” means any items recognized in the official United States Pharmacopoeia, the official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or supplement to any of them, that are intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease, or intended to affect the structure or function of the human or animal body.

H. “Endorsement” means any advertising message, i.e. verbal statements, demonstrations, depictions of name, seal of an organization, etc. that consumers are likely to believe reflects the opinions beliefs findings or experience of a party other than the sponsoring advertiser.