Wholesale Account Terms & Conditions

This document sets forth the Terms and Conditions that must be agreed to and adhered to by medical practices (Practice) seeking to establish a wholesale account with MYOS MD, a subsidiary of MYOS CORP, with principal office at 45 Horsehill Road, Suite 105A, Cedar Knolls, NJ 07927.

MYOS is the owner of a patented, proprietary ingredient called Fortetropin® that is used in MYOS brands (MYOS MD®, YOLKED® and MYOS Canine Muscle Formula®). Fortetropin® is manufactured with a proprietary process and protected by eight (8) US patents.

MYOS has invested in research and conducted clinical studies supporting the efficacy of Fortetropin®. Fortetropin, a revolutionary product in the field of advanced nutrition for muscle health, is a proprietary product ONLY available from MYOS. These Terms and Conditions set forth the parameters established by MYOS that must be followed by all our partners.

  1. MYOS has established MAP (Minimum Advertising and Pricing Policy) for all Products. MAP may be adjusted by MYOS at its sole discretion.

  2. Practice agrees not to copy, modify, adapt, alter, or create derivative works from the Product and not to reverse engineer or otherwise decompose or recreate any Product. The Practice shall not remove, alter, or obscure in any way any proprietary rights notices (including patent markings, copyright notices and Trademarks) of MYOS, on the Product, Product packaging or documentation provided by MYOS to the Practice. The Practice acknowledges that any violation of this Section shall cause MYOS irreparable damage and harm. Should the Practice violate, or should MYOS have reason to believe that the Practice has or may violate this Section, MYOS shall, in addition to all other remedies it may have in law and equity, have the right to injunctive relief in any court of competent jurisdiction ceasing or preventing such activity without the need to post a bond or surety, including without limitation any of the rights or remedies available to MYOS hereunder or under the Uniform Commercial Code of the State of New Jersey, USA.

  3. The MAP policy applies to all advertisements of the Product in any and all media, including but not limited to print ads (inserts, flyers, posters, coupons, mailers, newspapers, magazines, catalogs, mail order catalogs, direct mail, internet or similar electronic media such as social advertising on Facebook, Instagram, Twitter, internet placement with third parties (banner ads, broadcast emails, destination pages, third-party sites, internet placements on the Practice’s own website, and television, radio and public signage.)

  4. The Practice is also responsible for ensuring pricing is at or above MAP on internet search engines.

  5. The Practice may feature product on their practice website, only if it is a credential-based website accessible only by referred patients; and not accessible by the general public.

  6. No e-commerce sales other than those listed on this agreement. The Practice may not furnish any Product to a third party for the purpose of selling or advertising via the internet. Acceptable websites include the Practice’s website and business social media pages. Sales

of the Product on websites that participate in auctions, classified-style listings, 3rd party fulfillment, or any other type of listing structure are prohibited, including but not limited to eBay, amazon.com, walmart.com, jet.com, Craigslist or any other similar websites. Violation of this paragraph may result in immediate restriction of future purchases and cancelation of all pending orders. MYOS reserves the right to request updated information regarding sales websites, advertisements, venues, or other information at any time.

  1. All labels and claims, whether scientific or otherwise, must be approved by MYOS before the product is advertised or sold.

  2. All instructions on the use and dosage of the Product are established by MYOS and must not be altered without prior written approval of MYOS.

  3. The Practice agrees to hold all trademarks, patents, and copyrights of the Product as the property of MYOS, and all claims used in marketing must be approved by MYOS.

  4.  The Practice will not represent itself in any way as an extension or subsidiary of MYOS. This includes, but is not limited to, the use of the terms “myos” or “yolked” in a website URL used to sell the product.

  5. The Practice may not sell the Product to third party sellers or distributors.

  6. The Practice agrees to defend MYOS as well as its agents, directors and employees at Practice’s sole expense, and will indemnify and hold harmless MYOS, from and against any and all product liability losses, claims, or damages arising out of Practice’s manufacturing requirement to add Additional Ingredients as stated in #12 to the Product, and the use and sale thereof. The Practice further agrees to indemnify the parties stated above for any alleged trademark, patent or copyright violations.

  7. This Agreement shall be governed by the State of New Jersey, USA