.Pharmacy Program Terms and Conditions

Please read these terms and conditions (T&C) carefully. The T&C describe the rights and obligations of the National Association of Boards of Pharmacy® (“NABP®”) and (1) the applicant submitting a .Pharmacy Verified Websites Program (“.Pharmacy Program”) application to NABP (“Applicant”);  (2) the Applicant if NABP approves its .Pharmacy Program application; and (3) the  Applicant, or a third party such as an assignee, if it acquires a .pharmacy domain name registration (collectively “Registrant”). Applicant and Registrant may be collectively referred to as “Customer.” NABP, Applicant, Registrant, or Customer are each a “Party” and collectively are “Parties.” By submitting a .Pharmacy Program application or acquiring a .pharmacy domain name, Customer agrees to comply with these T&C.

NABP is approved by the Internet Corporation for Assigned Names and Numbers (“ICANN”) as the registry for .pharmacy. NABP is a 501(c)(3) nonprofit corporation located at 1600 Feehanville Drive, Mount Prospect, IL 60056, United States of America. NABP operates the .Pharmacy Program in furtherance of its mission to support its member boards of pharmacy in protecting public health.

Now, therefore, in consideration of the promises and covenants herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, NABP and Customer agree to the following terms:

1. INFORMATION & MONITORING

1.1 NABP reserves the right to review any and all information available to it to determine, in its sole discretion, whether Customer complies with the Eligibility Requirements, which include the Program Standards and T&C, the Authorized Usage Policy, and the .Pharmacy Program requirements published on www.nabp.pharmacy or its successor site(s) (collectively “Standards”). The Standards are hereby incorporated into the T&C by reference. Information that NABP may review about Customer includes, but is not limited to, the information provided in the application, information provided to NABP by Applicant or that NABP obtains or receives, whether through the .Pharmacy Program, one or more accreditation programs, or any other NABP program, publicly available information, information available through proprietary sources, and information that NABP learns from its own investigations. For all applications, NABP reserves the right to request additional information, documentation, or to conduct an onsite inspection. Such information shall not be disclosed by NABP unless: (a) the information is publicly available; (b) the information is legally required to be disclosed; (c) NABP, its employees, or contractors believe in good faith that a Customer, its owners, or its affiliates engaged in or are engaging in conduct that violates these T&C, state, federal, country, or regional law, or ICANN requirements; or (d) as otherwise permitted under these T&C or required for NABP to perform its obligations under these T&C or as a registry for the .pharmacy domain. If NABP notifies its member boards of pharmacy or appropriate state, federal, country, or regional regulatory or law enforcement authorities, or ICANN, NABP agrees to notify Customer to the extent permitted by law. Please note that notwithstanding anything to the contrary in the T&C, NABP may utilize contractors or agents to perform any of its activities or obligations under these T&C.

1.2 If NABP approves the .Pharmacy Program application, Customer agrees to notify NABP of  any changes to the information provided to NABP via the .Pharmacy Program application or other NABP-designated document including, but not limited to, change in pharmacist-in-charge, change in ownership, change in facility name, change in facility location, or the filing or disposition of any disciplinary action.

1.3 By receiving NABP approval through the .Pharmacy Program, Customer understands that it may be, and agrees to be, subject to regular monitoring for compliance with the Standards.

2. APPLICANT AND REGISTRANT GENERAL COMPLIANCE & WITHDRAWAL

2.1 Applicant agrees that, at the time it submits its application and while the application is pending, it is, and will continue to be in compliance with the .Pharmacy Program Eligibility Requirements, which include the .Pharmacy Program Standards and T&C, and program requirements published at the www.nabp.pharmacy site or its successor site(s) (.Pharmacy Program Eligibility Requirements and program requirements are, collectively, “ERPR”). NABP will approve Applicant’s complete, accurate and current application for a .pharmacy domain if, in NABP’s sole decision, Applicant demonstrates compliance with the ERPR. During the period of time between application approval and domain registration, Applicant agrees to comply with the ERPR.

2.2 Upon registration of the .pharmacy domain name, and while Registrant holds the .pharmacy domain name, Registrant agrees to comply with the Standards.

2.3 Customer agrees that NABP may, at its sole discretion and at any time, amend the Standards. If NABP amends the Standards, NABP will notify Customer. NABP will allow a reasonable amount of time to comply with the amended Standards, unless the amendment pertains to an ICANN requirement, law, or regulation that requires Customer’s immediate compliance.

2.4 Customer may elect to withdraw its .Pharmacy Program application, decline to register the NABP-approved .pharmacy domain, or discontinue using the .pharmacy domain that it registered (collectively “Withdrawal”). In any case of Withdrawal, Customer agrees to provide written notice of Withdrawal to NABP and, if Customer registered a .pharmacy domain, provide written notice of Withdrawal to the applicable Registrar.  NABP shall delete the .pharmacy domain no later than thirty (30) days after receipt of the notice of Withdrawal, unless, in the case of discontinuation of use of a .pharmacy domain, NABP and Registrant agree in writing to a different date of deletion for the .pharmacy domain that coincides with the date of discontinuation. Customer agrees to discontinue use of the .pharmacy domain for which it submitted the notice of Withdrawal. The T&C will terminate on the date that NABP deletes the .pharmacy domain. NABP will return the .pharmacy domain name, which was the basis for Customer’s application, to the general pool of .pharmacy domains.

3. APPLICATION REVIEW, CLOSURE, AND DENIAL

3.1 NABP reserves the right to refuse to consider any .Pharmacy Program application on the basis that the requested domain is the subject of a previous application, in NABP’s sole discretion. Pursuant to the United States Anticybersquatting Consumer Protection Act of 1999 or other applicable laws or ICANN requirements, NABP may deny an application or delete, remove, transfer, disable, forfeit, or cancel a domain if the domain name is identical to, confusingly similar to, or dilutive of another’s trademark.

3.2 Application Closure

a. Incomplete application. If an Applicant submits an incomplete application or does not remit all required payments, then NABP will send a written notification to the Applicant identifying the application information that is missing or the type of payment(s) and the amount(s) due. The Applicant has 21 days to respond to the NABP notification and provide the missing information or required payments. If Applicant does not timely provide the missing application information or the required payments, then NABP will send a notice of its intent to close the application (“Notice of Intent to Close”). If Applicant does not provide the missing application information or the required payments within 14 days, then NABP will close the application and send a “Notice of Application Closure,” describing the substantive reason for the closure. Application closure under this section is final and is not appealable.

b. Ineligible application. If an Applicant does not meet Sections I, IV or V of the .Pharmacy Program Eligibility Requirements published on www.nabp.pharmacy or its successor sites and is ineligible to apply for a .pharmacy domain or if a Customer applies earlier than permitted under the terms of a Denial Notice, Termination Notice, or Deletion Notice, NABP will send a written notification to the Customer that it is not eligible to apply for a .pharmacy domain (“Notice of Ineligibility and Application Closure”) and will describe the substantive reason(s) therefor. NABP will close the application after issuance of the Notice of Ineligibility and Application Closure. Application closure under this section is final and is not appealable.

c. Finality of Closure. NABP’s decision to issue a Notice of Application Closure and NABP’s decision to close Applicant’s .Pharmacy Program application are final and are not appealable. The T&C terminate effective on the date of the Notice of Ineligibility and Application Closure. A refund will be issued only per the .Pharmacy Program Policies published on www.nabp.pharmacy or its successor website(s).

3.3 Application Denial

a. If NABP obtains information indicating that Applicant violated the ERPR, does not comply with the ERPR, or information leads NABP to suspect that Applicant does not comply with ERPR, NABP, in its sole discretion, will send Applicant a written “Notice of Noncompliance”. The Notice of Noncompliance will describe the substantive reason(s) therefor and include supporting information. If Applicant does not respond to the Notice of Noncompliance within 21 days from the date set forth on the Notice of Noncompliance (or alternatively a different time period agreed upon by Applicant and NABP), or does not provide sufficient information for NABP to determine, in its sole discretion, Applicant’s past and current compliance with the ERPR, NABP will issue a notice of intent to deny the application to register the .pharmacy domain (“Notice of Intent to Deny”). The Notice of Intent to Deny will describe the substantive reason(s) therefor and include supporting information. NABP is under no obligation to describe, or provide supporting information for, all instances in which Applicant is deemed not compliant with an individual ERPR. By way of example only, if an applicant is licensed in good standing in one of four jurisdictions where its patients reside, NABP may state in the Notice of Intent to Deny that the applicant is not licensed in good standing in each state where its patients reside, including the state of California and provide a screen capture showing the applicant does not hold a license in California. If Applicant does not respond to the Notice of Intent to Deny within 14 days, (or alternatively a different time period agreed upon by Applicant and NABP), or does not provide sufficient information for NABP to determine, in its sole discretion, Applicant’s past and current compliance with the ERPR, then NABP will send written notification to Applicant that its .Pharmacy Program application is denied (“Denial Notice”) and will describe the substantive reason(s) therefor and include supporting information. As set forth in this subsection, NABP is under no obligation in the Denial Notice to describe, or provide supporting information for, all instances in which Applicant is deemed not compliant with an individual ERPR.

b. If Applicant timely responds to the Notice of Noncompliance or Notice of Intent to Deny, NABP will review Applicant’s response, any additional relevant information that the Applicant provides in response to the Notice of Noncompliance or Notice of Intent to Deny, and information available to NABP. If, after its review of such information NABP determines in its sole discretion that Applicant did not violate and is in compliance with the ERPR, then NABP will rescind the Notice of Noncompliance or Notice of Intent to Deny and approve the application to register the .pharmacy domain for which Applicant applied.

c. Denial Notices and NABP’s decision to deny the .Pharmacy Program application may be appealed, in accordance with the .Pharmacy Verified Websites Program Appeal Procedure incorporated herein as Exhibit A. If a written notice of appeal and fee payment are not received by NABP within the required time period as set forth in Exhibit A, the application denial becomes final, with no further rights of appeal. Generally, Applicants shall be ineligible to re-apply to the .Pharmacy Program for 12 months following the date set forth on the Denial Notice. NABP shall have the sole discretion to waive some or all of such 12 month period in extraordinary circumstances, but cannot be compelled to do so. The purpose of the time period prohibiting re-application is to assure Applicant has sufficient time to resolve all issues of noncompliance that NABP identified. The T&C terminate effective on the date of the Denial Notice. NABP will not refund any payments to Applicant if a Denial Notice is issued to Applicant. If Applicant reapplies, it must correct all non-compliances described in the Denial Notice and meet all then-applicable ERPR.

3.4 Additional Information / Inspection

a. If NABP has questions about an application or needs additional information in order to assess eligibility or whether the Applicant is in compliance with the ERPR, then NABP may send a written request to the Applicant identifying the specific questions or information requested. The Applicant shall have 21 days to respond to the NABP request. If Applicant does not respond to the request for information or responds but fails to provide the information requested, then NABP shall deem the application to be incomplete pursuant to Section 3.2 (a) above.

b. Inspection.

1. Applicant agrees that NABP may, in its sole discretion and at any time, require Applicant to undergo an onsite inspection, at Applicant’s sole expense, to demonstrate its compliance with the ERPR. The onsite inspection may include, without limitation, documentation or records review, staff interviews, product review or inventories, or a survey of Applicant’s operations or facility (collectively “Facility”). Based on Applicant’s business model, NABP will exercise its sole discretion in determining the NABP program, and inspectors, that will conduct the inspection of the Applicant’s physical location(s). The Applicant is responsible for all costs and fees associated with the inspection, which must be paid prior to NABP scheduling the inspection. The inspection fee will be charged in addition to the .Pharmacy Program application and any domain name registration fees. NABP will provide the Applicant with written notification of the inspection requirement (“Inspection Notice”), the reasons for the requirement, and the scope of the inspection. NABP will coordinate with the Applicant regarding the time and date of the inspection. Applicant agrees to provide NABP sufficient access to the Facility as set forth in the Inspection Notice, T&C, or the Program Policies published on www.nabp.pharmacy or its successor websites, so that NABP is able to verify Applicant’s compliance with the ERPR.

2. If Applicant does not respond to the Inspection Notice within 21 days (or alternatively a different time period agreed upon by Applicant and NABP), does not schedule the inspection, or does not provide sufficient access to the Facility so that NABP can verify Applicant’s compliance with the ERPR, then NABP will deem the application as non-compliant under Section 3.3 above and send Applicant a Notice of Intent to Deny and will include the substantive reasons therefor and provide supporting information.

3. If Applicant timely responds to the Inspection Notice and provides sufficient access to the Facility so that NABP can verify Applicant’s compliance with the ERPR, then NABP will review the information gathered through the inspection, and other information available to NABP, to determine if Applicant complies with the ERPR. If Applicant is compliant with the ERPR, NABP will approve Applicant’s .pharmacy domain application. If NABP needs additional information, NABP will handle the application in accordance with the terms of 3.4(a) above. If Applicant is not compliant with the ERPR, NABP will handle the application in accordance with the terms of Section 3.3.

3.5 Applicant Approval. After its review, if NABP determines that Applicant meets the ERPR, then NABP will approve Applicant’s .Pharmacy Program application and issue a registration token.

3.6 Multiple Applicants for the Same .Pharmacy Domain. If NABP receives two or more complete applications for the same domain from different Applicants, and the completed application received first in time is approved, the application(s) received subsequently will be closed by NABP. NABP shall send a “Notice of Application Closure” to the Applicant. A refund will be issued only per the Refund Policy in these T&C or the .Pharmacy Program Policies published on www.nabp.pharmacy or its successor site(s). Applicant may reapply for a different domain.

3.7 Following the issuance of a Notice of Application Closure, Notice of Ineligibility and Application Closure, or Denial Notice, NABP will return the .pharmacy domain name to the general pool of .pharmacy domains. Applicant may reapply for the same or a different .pharmacy domain pursuant to the T&C, but NABP cannot guarantee the availability of the .pharmacy domain that was the basis of the previous application.

4. REGISTRATION, REGISTRATION TOKEN, & USE

Upon approval of a .Pharmacy Program application, NABP will provide Applicant with an electronic registration  token. Using the electronic registration token, Applicant must register the .pharmacy domain requested, within sixty (60) days of approval, with an authorized .pharmacy registrar (“Registrar”). A list of authorized .pharmacy Registrars may be found at www.nabp.pharmacy or successor site(s). If Applicant fails to register the .pharmacy domain or use the .pharmacy domain as its primary website or to redirect users to its primary website within sixty (60) days of being approved, the Applicant  will forfeit that .pharmacy domain, and it will be placed in the general pool of .pharmacy domains. Applicant will not appear as participating in the .Pharmacy Verified Websites Program until the domain is registered. If the Applicant wishes to register that .pharmacy domain at a later time when that domain is still available, it must reapply, including paying the then-current .Pharmacy Program application fee.

5. DOMAIN TRANSFER

Registrant is prohibited from transferring, sublicensing, or assigning a .pharmacy domain to another registrant by any means, except with NABP’s prior written consent. Registrant is prohibited from transferring the registration of a .pharmacy domain from one Registrar to a different Registrar except with NABP’s prior written consent.

6. OWNERSHIP, LICENSE, & RESTRICTIONS ON USE

6.1 All rights, title, and interest in .pharmacy (including all copyrights, trademarks, and other intellectual property rights) are the property of NABP or its ICANN-approved affiliates or successors. Except as expressly provided below, nothing contained herein shall be construed as conferring to any Customer or its successors any license or right, by implication, estoppel, or otherwise to claim, exercise, or exploit any copyright or other intellectual property

6.2 Customer agrees that acceptance or approval of a .Pharmacy Program application or acquisition of a .pharmacy name does not constitute a warranty or an endorsement by NABP of Customer’s products or services or Customer’s compliance with any law or regulation. Customer may not sublicense, transfer, or assign a .pharmacy domain name without prior written approval of NABP.

7. REFUND POLICY

The T&C or the .Pharmacy Program Policies, which are published on www.nabp.pharmacy or its successor website(s), describe the refunds available to Customer. In the event of any conflict between the refund terms of the T&C and .Pharmacy Program Policies, the refund terms of the .Pharmacy Program Policies control.

8. DOMAIN DISPUTE DECISIONS

In the event that a court of competent jurisdiction or an ICANN-recognized arbitration organization issues a decision calling for the transfer of a .pharmacy domain name, the designated domain recipient must first be approved by NABP in writing as compliant with the then-applicable .Pharmacy Program Standards.

9. DOMAIN DISCONTINUATION BY REGISTRANT & TERMINATION, DELETION, OR SUSPENSION BY NABP

9.1 Discontinuation. Following receipt of written notice that Registrant will discontinue seeking to register a .pharmacy domain name or wishes to discontinue using a registered .pharmacy domain, NABP will delete the domain name no later than thirty (30) days after receipt of the written notice unless, in the case of discontinuation of use of a .pharmacy domain, NABP and Registrant agree in writing to a different date of deletion for the .pharmacy domain. The T&C will automatically terminate on the date that NABP deletes the .pharmacy domain name. Upon termination of the T&C, Registrant shall immediately cease using the .Pharmacy Program logo and holding its self out as .pharmacy-approved. NABP will not issue a refund if Registrant discontinues seeking to register or using a .pharmacy domain.

9.2 Termination, Deletion, Suspension.

a. Termination or Deletion. If NABP obtains information indicating that Customer violated the Standards, does not comply with the Standards, or information leads NABP to suspect that Customer does not comply with Standards, NABP, in its sole discretion, will send Customer a written “Notice of Noncompliance”. The Notice of Noncompliance will describe the substantive reason(s) therefor and include supporting information. If Customer does not respond to the Notice of Noncompliance within 21 days from the date set forth on the Notice of Noncompliance (or alternatively a different time period agreed upon by Customer and NABP), or does not provide sufficient information for NABP to determine, in its sole discretion, Customer’s past and current compliance with the Standards, NABP will issue a notice of intent to terminate its approval of Customer’s application to register a .pharmacy domain (“Notice of Intent to Terminate”) or a notice of intent to delete Registrant’s .pharmacy domain (“Notice of Intent to Delete”). The Notice of Intent to Terminate or Delete will describe the substantive reason(s) therefor and include supporting information. NABP is under no obligation to describe, or provide supporting information for, all instances in which Customer is deemed not compliant with individual Standards. If Customer does not respond to the Notice of Intent to Terminate or Notice of Intent to Delete within 14 days, (or alternatively a different time period agreed upon by Customer and NABP), or does not provide sufficient information for NABP to determine, in its sole discretion, Customer’s past and current compliance with the Standards, then NABP will send written notification to Customer that NABP terminates its approval of Customer’s application to register a .pharmacy domain (“Termination Notice ”) or that Customer’s .pharmacy domain is deleted (“Deletion Notice”). The Termination and Deletion Notices will describe the substantive reason(s) therefor and include supporting information. As set forth in this subsection, NABP is under no obligation in the Termination or Deletion Notice to describe, or provide supporting information for, all instances in which Customer is deemed not compliant with individual Standards.

b. Suspension. NABP reserves the right, in its sole discretion, to immediately suspend Customer’s .pharmacy domain or NABP’s approval of Customer’s .Pharmacy Program application if information leads NABP to suspect that Customer is violating, or within the previous 12 months violated without disclosing to NABP, any criminal, fraud, pharmaceutical, pharmacy-related, medical-related, patient safety-related, or internet-related law or regulation or ICANN requirement, is engaging in abusive activities in connection with the internet or its governance, threatens or its activities threaten the security or stability of the internet or of the .pharmacy namespace, or Customer is likely to cause direct and material harm to others (“Violation”). NABP will provide a written notice to the Customer of the suspension (“Suspension Notice”), which will include the substantive reason(s) for the suspension and supporting information, and will provide Customer with the opportunity to respond. NABP’s decision to suspend a domain is not appealable. Within 21 days of the date of the Suspension Notice or the time frame agreed upon in writing by Customer and NABP, Customer may submit a response to NABP, including documentation to substantiate Customer’s response. If Customer does not timely respond or does not provide sufficient information for NABP to determine, in its sole discretion, that Customer did not engage in a Violation and is in compliance with the Standards, NABP will issue a notice of intent to terminate approval for Customer’s .Pharmacy Program application (“Notice of Intent to Terminate”) or a notice of intent to delete Customer’s .pharmacy domain (“Notice of Intent to Delete”). The Notice of Intent to Terminate or Delete will describe the substantive reason(s) therefor and include supporting information. NABP is under no obligation to describe, or provide supporting information for all instances in which Customer is deemed not compliant with individual Standards. If Customer does not respond to the Notice of Intent to Terminate or Delete within 14 days or the time period agreed upon by Customer and NABP, or does not provide sufficient information for NABP to determine, in its sole discretion, that Customer did not engage in a Violation and is in compliance with the Standards, then NABP will send written notification to Customer that NABP’s approval of the .Pharmacy Program application is terminated (“Termination Notice”) or that it deleted Customer’s .pharmacy domain registration (“Deletion Notice”). The Deletion Notice will describe the substantive reason(s) therefor and include supporting information. NABP is under no obligation in the Termination or Deletion Notice to describe, or provide supporting information for, all instances in which Customer is deemed not compliant with individual Standards.

c. If Customer timely responds to the Notice of Noncompliance, Suspension Notice, or Notice of Intent Terminate or Delete as described in Sections 9.2(a) or 9.2 (b), NABP will review Customer’s response, any additional relevant information that the Customer provides in response to the Notice of Noncompliance, Suspension Notice, or Notice of Intent to Terminate or Delete, and information available to NABP. If, after its review of such information, NABP determines in its sole discretion that Customer did not violate and is in compliance with the Standards, or the Customer did not engage in a Violation and is compliant with the Standards, then NABP will rescind the Notice of Noncompliance, Suspension Notice, or Notice of Intent to Terminate or Delete. Customer may proceed to register the .pharmacy domain or, if the .pharmacy domain name is registered, Customer may continue to use the .pharmacy domain or, if the domain name is suspended, NABP will reinstate Customer’s .pharmacy domain name.

d. Termination Notices and Deletion Notices under Section 9.2, and NABP’s decision to terminate its approval of a .pharmacy domain application or delete a .pharmacy domain may be appealed in accordance with the .Pharmacy Verified Websites Program Appeal Procedure incorporated herein as Exhibit A. If a written notice of appeal and fee payment are not received by NABP within the required time period as set forth in Exhibit A, the termination of approval of a .Pharmacy Program application or deletion of the domain registration becomes final with no further rights of appeal.. Generally, Customers shall be ineligible to re-apply to the .Pharmacy Program for 12 months following the date set forth on the Termination or Deletion Notice. NABP shall have the sole discretion to waive some or all of such 12-month period in extraordinary circumstances, but cannot be compelled to do so. The purpose of the time period prohibiting re-application is to assure Customer has sufficient time to resolve all issues of noncompliance that NABP identified. The T&C terminate effective on the date of the Termination or Deletion Notice. If issued a Termination or Deletion Notice, Customer will immediately cease using the .Pharmacy Program logo or trademarks and will cease holding itself out as approved or verified under the .Pharmacy Verified Websites program. NABP will not refund any payments to Customer if a Termination or Deletion Notice is issued to Customer. If Customer reapplies, it must correct all non-compliances described in the Termination or Deletion Notice and meet all then-applicable Standards.

9.3  Additional Information / Inspection

a. If NABP has questions about Customer’s compliance with the Standards or needs additional information in order to assess whether Customer is in compliance with the Standards, then NABP may send a written request to the Customer identifying the specific questions or information to be provided. Customer shall have 21 days to respond to the NABP request. If Customer responds within the applicable time period and provides the information NABP requested, NABP will review Customer’s response and any additional relevant information that the Customer provides in response to the NABP request. If Customer does not respond to the request for information or responds but fails to provide the information requested, then NABP will:

1. Send Customer a “Notice of Noncompliance” and follow the terms of Section 9.2(a) above; or

2. Send Customer a “Notice of Intent to Terminate” or a “Notice of Intent to Delete” and follow the terms of Section 9.2(b) above.

b. Inspection.

1. Customer agrees that NABP may, in its sole discretion and at any time, require Customer to undergo an onsite inspection, at Customer’s sole expense, to demonstrate its compliance with the Standards. The onsite inspection may include, without limitation, documentation or records review, staff interviews, product review or inventories, or a survey of Customer’s operations or facility (collectively “Facility”). Based on Customer’s business model, NABP will exercise its sole discretion in determining the NABP program, and inspectors, that will conduct the inspection of the Customer’s physical location(s). The Customer is responsible for all costs and fees associated with the inspection, which must be paid prior to NABP scheduling the inspection. The inspection fee will be charged in addition to the .Pharmacy Program application and any domain name registration fees. NABP will provide the Customer with written notification of the inspection requirement (“Inspection Notice”), the reasons for the requirement, and the scope of the inspection. NABP will coordinate with the Customer regarding the time and date of the inspection. Customer agrees to provide NABP sufficient access to the Facility as set forth in the Inspection Notice, T&C, or the Program Policies published on www.nabp.pharmacy or its successor websites, so that NABP is able to verify Customer’s compliance with the Standards.

2. If Customer does not respond to the Inspection Notice within 21 days (or alternatively a different time period agreed upon by Customer and NABP), does not schedule the inspection, or does not provide sufficient access to the Facility so that NABP can verify Customer’s compliance with the Standards, then NABP will deem the Customer to be non-compliant and send Customer a Notice of Intent to Terminate or a Notice of Intent to Delete, pursuant to the terms of Section 9.2(a) or 9.2(b).

3. If Customer timely responds to the Inspection Notice and provides sufficient access to the Facility so that NABP can verify Customer’s compliance with the Standards, then NABP will review the information gathered through the inspection, and other information available to NABP, to determine if Customer complies with the Standards. If Customer is compliant with the Standards, NABP will notify Customer. If NABP needs additional information, NABP will handle the application in accordance with the terms of Section 9.3(a). If Customer is not compliant with the Standards, NABP will handle the application in accordance with the terms of Section 9.2(a) or 9.2(b), as applicable, by issuing a Termination Notice or Deletion Notice.

9.4 Following the Termination Notice or Deletion Notice, NABP will return the .pharmacy domain name to the general pool of .pharmacy domains. If Customer  reapplies after receiving a Termination or Deletion Notice, it must correct all noncompliance in the Termination Notice or Deletion Notice, or all Violations described in Suspension Notice, and meet all then-applicable Standards. Customer  may reapply for the same or a different .pharmacy domain, but NABP cannot guarantee the availability of the .pharmacy domain that was the basis of the previous application.

9.5 If Customer applies for or is accredited, credentialed, or approved by NABP through one or more current or future NABP accreditation, credential, or approval programs including, without limitation, Verified-Accredited Wholesale Distributors® (VAWD®), Verified Internet Pharmacy Practice Sites® (VIPPS®), or Durable Medical Equipment Prosthetics, Orthotics and Supplies (DMEPOS), and its application is denied or Customer is disqualified from or its credentials are terminated by one of the NABP accreditation, credential, or approval programs, Customer hereby agrees that the application denial, disqualification, or credential termination is grounds for denial of Customer’s .Pharmacy Program application or temporary suspension, termination of approval, or deletion of Customer’s .pharmacy domain and that NABP may deny, temporarily suspend, terminate its approval, or delete  Customer’s .pharmacy domain pursuant to the requirements of the T&C, NABP will return any denied or deleted domain name(s) to the general pool of .pharmacy domains. If Customer reapplies, it must correct all non-compliances described in the applicable notice, including the Notice of Intent to Deny or Notice of Deletion, and meet all then-applicable Standards. If Customer’s .Pharmacy Program application is denied or its .pharmacy domain name(s) are deleted or NABP terminates its approval of  Customer’s  .pharmacy  domain  name(s),  then  Customer  hereby  agrees  that  the  denial  of the .Pharmacy Program application or deletion or termination of approval of its .pharmacy domain name(s) is grounds for loss of qualification under the accreditation, credential, or approval program letter of agreement (LOA) and NABP may suspend or disqualify Customer from one or more NABP accreditation, credential, or approval    programs    pursuant    to    the    terms    and    conditions    of    the    applicable LOA(s).

10. Nonpayment. If Customer fails to pay the any fees when due, NABP will send Customer written notification of impending denial of its .Pharmacy Program application, impending termination of NABP’s approval of the .pharmacy domain, or impending deletion of Registrant’s .pharmacy domain name registration due to nonpayment (collectively, “Nonpayment Notice”). The Notice will describe the substantive reason(s) therefor. If Customer does not timely pay all applicable fees within thirty (30) days of the date of the Nonpayment Notice, then NABP will deny Customer’s .Pharmacy Program application, terminate its approval of the .pharmacy domain, or delete the .pharmacy domain name, as applicable, if payment is not received within 30 days of NABP issuing Customer a Notice of Intent to Deny its .Pharmacy Program application, Notice of Intent to Terminate NABP’s approval of Customer’s .Pharmacy Program application, or a Notice of Intent to Delete Customer’s .pharmacy domain name and the substantive reasons therefor. NABP will return the .pharmacy domain, which was the basis for the .Pharmacy Program application, to the general pool of .pharmacy domains and will send written notification thereof to Customer. The T&C terminate effective on the date of the written notification. Upon termination of the T&C, Customer shall immediately cease using the .pharmacy logo and trademarks and holding itself out as .pharmacy-approved or verified. Customer may reapply for the same or a different .pharmacy domain, but NABP cannot guarantee the availability of the .pharmacy domain that was the basis of the previous application.

11. Ownership Change. Customer must notify NABP in writing of any change in its ownership, including if Customer is merged, acquired by, or consolidated with another organization within 30 days of any such change. In such circumstance, NABP may, in its sole reasonable discretion, require Customer to reapply for approval under the .Pharmacy Program. In such circumstance, NABP shall send a written notice advising the Customer that it must complete the .Pharmacy Program application, submit the then-applicable payment, and meet the then-applicable ERPR or, if a Registrant, then-applicable Standards.

a. In the case of a Registrant, its .pharmacy domain will remain active for 30 days while the Registrant prepares its .Pharmacy Program application for submission. If Registrant fails to reapply within those 30 days, then NABP will send Registrant a Notice of Intent to Delete the domain name.

b. If Registrant timely applies and NABP determines that Registrant meets the then-applicable Standards, then Registrant’s .pharmacy domain will remain active for the remaining balance of the 12-month term and NABP will send Registrant written notification thereof.

c. If Customer applies and NABP determines that Customer meets the then-applicable ERPR, then NABP will approve the application.

d. If Customer timely applies and NABP has questions about the application or needs information, then NABP will follow the terms of Section 3.4 or Section 9.3 as applicable.

e. If Customer applies and NABP determines that Customer is not compliant, then NABP will follow the terms of Section 3.3.

f. If Registrant applies and NABP determines that Registrant is not compliant, then NABP will follow the terms of Section 9.2.

12. RIGHT OF PUBLICITY

Customer grants NABP a nonexclusive, transferrable (except for the logo), royalty-free worldwide license to publish and use in .Pharmacy Program materials Customer’s name, logo, address, website address, and its date of approval of the .Pharmacy Program application, along with other information required by ICANN.

13. TERM

The approval term of a domain name is twelve (12) months, which begins upon the date the domain name is approved to be registered with a Registrar. NABP will send the approval via an email notice. The domain may only be registered for a maximum of twelve (12) months. The Registrant must reapply annually to maintain the .pharmacy domain name. NABP reserves the right to suspend or delete a domain name during the term, consistent with these T&C. Termination of Customer’s registration or deletion of Customer’s .pharmacy domain does not relieve Customer of liability for obligations that relate to activities occurring before such termination or deletion.

14. RENEWAL

Below are two charts, each indicating the timetable for (1) the .Pharmacy Program re-application (Re-Application) and (2) the annual re-registration of the domain(s) (Re-Registration), each successive year during which the domain(s) is active.

If Re-Registration is completed by Customer, prior to NABP approval of the Re-Application, retention of the domain name is contingent on NABP’s review and approval of the Re-application. Despite the Re-Registration, NABP may delete the domain name, without a refund, if NABP’s approval is not timely because Customer did not timely submit its Re-Application.

During the renewal period, if Customer is subject to an NABP compliance process, such as a pending Notice of Noncompliance, Notice of Intent to Deny, or a Termination or Deletion Notice, Customer may not receive an Annual Application or Re-Application or Re-Registration notification. The .pharmacy domain will be preserved during the pendency of the compliance process so that another entity cannot acquire the domain until conclusion of the compliance process. If Customer Re-Registers prior to conclusion of the compliance process and the process results in denial, deletion, or inability to acquire the .pharmacy domain, NABP will not refund the registration fee to Customer and Customer acknowledges that the registrar may not issue a refund. If the compliance process is pending within 120 days of the Re-Registration Anniversary Date, NABP may notify the Registrar of the pending compliance process.

Re-Application

Time FrameRe-Application StatusEffect
120 days
prior to the Application Approval Anniversary Date* (Approval Anniversary)
NABP will advise
Customer to timely complete the annual .Pharmacy Program application (Annual Application), found at www.nabp.pharmacy/apply or its successor site(s), and timely pay the current application fee. NABP will inform Customer that if the annual application is not timely received, Customer may risk Suspension* and/or Deletion* of the .pharmacy domain(s).
Within 120 days prior to the Approval Anniversary, Customer may complete and submit the Annual Application for  the .pharmacy domain(s) for a one-year term and pay the applicable application fee.
90-30 days prior to the Approval AnniversaryCustomer has not submitted the Annual Application.NABP may advise Customer that the  Annual Application must be processed and approved prior to the Approval Anniversary to avoid the Suspension and/or Deletion of the .pharmacy domain(s). NABP may further advise Customer that submission of the Annual Application five days or fewer before the Approval Anniversary may result in domain Suspension, which decision is at the sole discretion of NABP.
5 days-1 day prior to the Approval AnniversaryCustomer has not submitted the Annual Application.If the Annual Application is received between five days and one day prior to the Approval Anniversary, NABP may, in its sole discretion, after the Approval Anniversary has passed, suspend the domain(s) pending NABP’s review and approval of Customer’s Annual Application. If NABP suspends the domain(s), NABP will notify the Customer and Registrar that the .pharmacy domain(s) is suspended pending NABP’s review and approval of Customer’s application.
Approval AnniversaryCustomer has not reapplied for the .Pharmacy Program or NABP receives Customer Application.On the Approval Anniversary, NABP may suspend the domain(s) pending NABP’s receipt and approval of Customer’s application. NABP will send a notice of the suspension and impending Deletion to the Customer and Registrar. NABP may delete the domain 30 days after the Approval Anniversary if Customer has not reapplied.

Re-Registration

Time FrameRe-Registration StatusEffect
120 days
prior to the Registration
Anniversary Date*
Registrar will advise Customer to timely re-register their domain(s). Registrar will inform Customer that if the re-registration and payment are not timely received, Customer may risk Suspension and/or Deletion of the .pharmacy domain(s).Customer may pay the registration fee any time prior to the Registration Anniversary Date for the  Registrar  to re-register the domain name.
Registration Anniversary DateCustomer has not re-registered for the .Pharmacy Program.NABP will suspend the domain(s). NABP will send a notice of the Suspension and impending Deletion to the Customer and Registrar.
Redemption Grace Period (RGP)*Customer has not re-registered for the .Pharmacy Program within the RGP.The domain(s) will be deleted by NABP and placed into the general pool of .pharmacy domains.

*Definitions:

  • Application Approval Anniversary Date: the date one year after the date on which NABP issued the domain registration token to Registrant
  • Registration Anniversary Date: the date one year after the date on which the domain name was registered  
  • Deletion: the .pharmacy domain name is officially deleted from the root zone 
  • Redemption Grace Period: the 30-day period after the Registration Anniversary Date
  • Suspension: the .pharmacy domain name remains in the root zone, but does not resolve to the corresponding website

15. INDEMNIFICATION AND LIMITATION OF LIABILITY

Customer agrees to indemnify and hold harmless NABP, its employees, agents, contractors, officers, and directors against all third-party claims, losses, lawsuits, damages, and expenses, including, without limitation, reasonable attorneys’ fees arising out of:

1. Any failure on the part of Customer or its employees, agents, contractors, officers, and directors to comply with these T&C;

2. Any use of a .pharmacy domain, including content in any advertisement, brochure, or other publication released to the public by Customer or its agents or contractors, and any content on any internet site substantially owned or controlled by or affiliated with Customer including, but not limited to, any claim related to infringement, misappropriation or other violation of a right of another person (including, without limitation, copyright, right of privacy or publicity, or trade secret), or a claim for defamation or obscenity;

3. The sale, offer to sell, or provision of any product or service of or by Customer or any other entity substantially owned or controlled by or affiliated with Customer; or

4. The negligence, gross negligence, misconduct, or intentional tort of Customer or its employees, agents, contractors, officers, or directors.

WITH THE EXCEPTION OF CUSTOMER’S INDEMNIFICATION OF NABP AS DESCRIBED IN THIS SECTION, NEITHER NABP NOR CUSTOMER SHALL BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE OR DAMAGES FROM LOST PROFITS OR LOST USE. THE MAXIMUM AGGREGATE LIABILITY OF NABP FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE T&C, REGARDLESS OF THE FORM OR CAUSE ACTION, SHALL BE THE TOTAL FEES PAID BY CUSTOMER TO NABP FOR THE .PHARMACY DOMAIN NAME DURING THE TERM OF THE T&C.

16. ZONE FILE AND/OR WHOIS DATA ACCESS

NABP, its employees, agents, contractors, officers, and directors shall not be liable to Registrant for (a)  any access,  use,  or modification  (whether or not  permitted) of the Zone File or WHOIS  data, without limitation; (b) the unauthorized, improper, or illegal access or use of the Zone File or WHOIS data, without limitation; or (c) any negligent act or omission or willful misconduct in the access or use of the Zone File or WHOIS data, without limitation.

17. USE OF .PHARMACY TRADEMARK

17.1 If Registrant wishes to use the NABP .Pharmacy Program logo trademark (Trademark), it must notify NABP in writing. If in NABP’s sole reasonable discretion, NABP approves Registrant’s request, NABP will provide Registrant with an electronic version of the Trademark for Registrant’s use in accordance with the terms of these T&C.

17.2 Registrant agrees to adhere to the guidelines for use of the Trademark as set forth in the guidelines for using the Trademark (Guidelines), available on the nabp.pharmacy website.

17.3 Registrant acknowledges NABP’s sole ownership of the Trademark and all ownership rights thereunder, and agrees not to challenge or do any act that would interfere either directly or indirectly with such ownership. Registrant will not assert or seek any rights in or protection of any kind, other than those granted under these T&C.

17.4 Upon NABP’s provision of the electronic Trademark to Registrant, NABP grants Registrant a limited nonexclusive, nonsublicensable, nonassignable, and nontransferable license to display the Trademark in connection with the Registrant’s website subject to its compliance with the terms and conditions set forth in the Guidelines and these T&C until the domain is deleted. Registrant may provide the Trademark to Registrant’s website designer, if any, but solely to allow display of the Trademark on Registrant’s website.

17.5 Registrant agrees that this grant of license does not constitute an endorsement by NABP of the Registrant, the quality of care provided by Registrant, or the quality of Registrant’s products or services.

17.6 All grants of rights to display the Trademark are made with no express or implied warranty of any kind by NABP.

18. MISCELLANEOUS

18.1 Customer will notify NABP in writing if Customer, its pharmacy, owners, or affiliates become
the subject of an investigation, indictment, prosecution, conviction, or disciplinary order within thirty (30) days of learning of such investigation, indictment, prosecution, conviction, or disciplinary order.

18.2 Customer represents and warrants that the information it submits in its .Pharmacy Program application and in any other document submitted in connection with its .Pharmacy Program application or .pharmacy domain is complete, accurate, and truthful to the best of Customer’s knowledge. Customer further represents that the person or entity submitting the application for the .pharmacy domain and all documents in connection with the .Pharmacy Program application or .pharmacy domain is fully authorized to submit the application and bind Customer to the T&C.

18.3 NABP and Customer further represent and warrant that they are duly organized, validly existing, and in good standing under the laws of their respective jurisdictions of organization, they have full corporate power to conduct their respective business and perform all of their respective obligations under the T&C, and they are operating in compliance with all applicable laws, rules, and regulations, and ICANN requirements.

18.4 NABP DISCLAIMS ALL WARRANTIES AND GUARANTEES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

18.5 The T&C are not assignable by Customer without the prior written consent of NABP.

18.6 The headings contained in the T&C are for the purposes of convenience only and are not intended to define or limit the contents of the provisions contained therein.

18.7 The failure of NABP to exercise any of its rights regarding a breach of these T&C shall not be
deemed to be a waiver of such rights nor shall the same be deemed to be a waiver of any subsequent breach.

18.8 The T&C constitute the entire agreement between the Parties relating to the subject matter hereof and supersede all prior and contemporaneous oral and written negotiations, commitments, and understandings of the parties with respect to the same subject matter.

18.9 The validity, interpretation, and performance of the T&C shall be controlled and construed under the laws of the state of Illinois, United States of America without reference to any conflict of laws or principles. The state courts located in Cook County, IL, United States of America shall have jurisdiction over any dispute regarding the T&C or in connection with the .Pharmacy Program. All provisions contained in the T&C shall extend to and are binding on Customer and its respective successors and assigns. Customer expressly waives all objection to the choice of law or personal jurisdiction of these courts and shall not contest the choice of law or venue chosen for the hearing of the case.

18.10 Provisions 3, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16 of the T&C shall survive the termination
of the T&C or any termination or deletion of the .pharmacy domain name.

18.11 Any act or omission of any of the affiliates of the Customer that is contrary to the T&C shall
be deemed the act or omission of the Customer.

18.12 The provisions of the T&C are severable. If any provision is determined by a court of competent jurisdiction or a governmental regulatory entity to be invalid or unenforceable, in whole or in part, that provision shall be construed or limited in such a way as to make it enforceable and consistent with the manifest intentions of the Parties. If such construction or limitation is impossible, the unenforceable provision will be stricken, and the remaining provisions of the T&C will remain valid and enforceable.

18.13 NABP retains all rights, immunities, and protections that are available to it under applicable law.

18.14 NABP cannot and will not guarantee that Applicant’s .Pharmacy Program application will be approved, and Applicant acknowledges the same by submitting its .Pharmacy Program application.

18.15 Customer hereby agrees that NABP may send all notices, communications, and notifications under the T&C to the contact email account provided by Customer in its .Pharmacy Program application. Customer agrees to maintain the valid operation of and regularly check this email account for the purpose of receiving such notices and complying with the T&C.

18.16 No formal or informal hearing, whether in person, in writing, or otherwise, is permitted under the T&C.

18.17 The T&C constitute the entire agreement between the Parties relating to this .Pharmacy Program application, or any acquisition or use of a .pharmacy domain in connection with this application, and supersede all prior and contemporaneous oral and written negotiations, commitments, and understandings of the Parties with respect to this application.

By submitting the .Pharmacy Program application or acquiring a .pharmacy domain name, Customer  hereby  authorizes release of any and all information from regulatory agencies to NABP and its contractors for the purpose   of verifying information regarding the Customer and/or evaluating any noncompliance with the T&C, applicable laws, or disciplinary actions involving any person or entity associated with the Customer or its affiliates in the practice of pharmacy, wholesale drug distribution, pharmaceutical manufacturing, or the provision of pharmacy-related services or products. Customer further authorizes NABP to release to regulatory agencies information NABP receives or obtains related to Customer, or when such information leads NABP to believe in good faith that the Customer or its staff are engaging in or engaged in conduct that violates state, federal, national, or regional laws or regulations.

By submitting the .Pharmacy Program application or acquiring a .pharmacy domain name, Customer hereby accepts  and agrees to be bound by the T&C without modification except as provided in section 2.

Version 9.0; 19 November 2018

Exhibit A

.Pharmacy Verified Websites Program Appeal Procedure

a) Notice of Appeal.

  1. Provided Customer has ceased holding itself out as approved by the .pharmacy program and all fees and expenses invoiced by NABP have been paid, Customer may submit to NABP a written Notice of Appeal within 21 days of the date of the Denial Notice, Termination Notice, or Deletion Notice, or such other time agreed to by the parties. The appeal only pertains to whether NABP correctly decided to deny a .pharmacy application, terminate its approval for a .pharmacy application, or delete a .pharmacy domain.
  2. For appeal purposes, Customer will be known as the “Appellant.”
  3. Appellant agrees to submit with its Notice of Appeal the $1000 USD administrative fee for the appeal. The Notice and the Fee must be sent to the following address:National Association of Boards of Pharmacy
    Attn: Dot Pharmacy
    1600 Feehanville Dr
    Mount Prospect, IL 60056
  1. If Appellant does not cease holding itself out as approved by the .pharmacy program or if a written Notice of Appeal and the required fee payment are not received by NABP within the designated time period, the Denial Notice, Termination Notice, or Deletion Notice become final, the T&C terminate, NABP will remove the hold on the .pharmacy domain and return it to the general pool of domains, and Appellant will have no further rights of internal appeal with NABP.
  2. Appellant will include in its Notice of Appeal its position, explain why NABP’s decision was incorrect, and supporting information for its position.
  3. NABP may respond to Appellant’s Notice of Appeal, in which case it will respond no later than 21 days after receipt of Appellant’s Notice of Appeal, or such other time agreed to by the parties. If NABP elects to not respond to the Notice of Appeal, it will notify Appellant in writing.
  4. NABP will keep the domain, for which Appellant applied, on hold (meaning it is not subject to acquisition by a third party) while the appeal is pending.

b) Convening the Commission (Commission)

  1. No more than 21 days from the date that NABP issues a response to the Notice of Appeal or notifies Appellant that it will not issue a response, or such other period of time agreed to by NABP and Appellant, the Commission will convene. The Commission consists of the .pharmacy Executive Board Chairman, the NABP Executive Director, and the NABP Policy and Communications Director.

c) Both parties to the appeal may be represented by counsel.

d) Failure of Appellant to pay in full fees associated with the appeal, including the Commission’s expenses within ten (10) days of the date of the bill or invoice, will result in termination of the appeal procedure, the Denial Notice, Termination Notice, or Deletion Notice will be affirmed, the T&C will terminate, and NABP will return the .pharmacy domain name to the general pool of .pharmacy domains.

e) In the event that any person designated as a member of the Commission shall be disqualified or shall refuse or be unable to serve for any reason at any time, an alternate member shall be selected by the remaining members of the Commission. The member’s service and affiliation with NABP, NABP’s Executive Committee, and the Commission shall not be grounds for disqualification based upon claims of conflict-of-interest, bias, or the like.

f) Record.

  1. The record is closed upon NABP’s timely receipt of a Notice of Appeal and NABP issuing Appellant its response to the Notice of Appeal.
  2. The only documents and information that comprise the record (Record) are:
    A. .Pharmacy application documents relevant to the appeal such as the application, program standards, Terms and Conditions (T&C), and/or Authorized Use Policy;
    B. Any survey or inspection report(s), documentation submitted by Appellant related to its application or a Notice of Noncompliance, including related communications;
    C. Any Notices issued related to the application, including a Notice of Noncompliance, Notice of Intent to Deny, Notice of Intent to Terminate, Notice of Intent to Delete, Suspension Notice, and documents referenced in or related to the notice;
    D. Appellant’s response to any Notice described in this Section h) and documents referenced in the response;
    E. Communications between NABP and the Appellant that are relevant to the appeal; and
    F. The Appellant’s Notice of Appeal and any accompanying documents
    G. NABP’s response to Appellant’s Notice of Appeal, including supporting information.
  3. No new evidence can be presented to the Commission (Commission).
  4. No discovery is conducted. An in-person hearing is not conducted.
  5. NABP compiles materials comprising the Record.
  6. NABP forwards copies of the Record to the Commission at least one week prior to convening the Commission. A copy of the Record is forwarded to the Appellant.

g) Commission powers and responsibilities.

  1. The three-member Commission reviews the Record.
  2. Commission members may not consider a document or information that is not part of the
  3. A vote of a majority of the Commission members decides the appeal.
  4. The Commission reserves the right to conduct a teleconference, at its sole discretion. Not more than two representatives of Appellant (eg, Appellant’s attorney and an organizational representative) and two representatives from the .pharmacy program (attorney and a program representative) may participate in the teleconference.

h) Decision and report.

  1. Unless another time period is agreed to by the parties, the Commission renders a decision not more than 21 days from the date NABP convenes the Commission.
  2. The Commission renders a decision to:
    A. Affirm the decision of NABP to deny the .pharmacy application, terminate NABP’s approval of the .pharmacy application, or delete Appellant’s .pharmacy domain;
    B. Reverse the decision of NABP and restore Appellant’s .pharmacy application, reinstate NABP’s approval of Appellant’s .pharmacy application, or reinstates Appellant’s .pharmacy domain;
    C. Establish specific requirements for reinstatement of Appellant’s .pharmacy application, NABP’s approval of Appellant’s .pharmacy application, or Appellant’s .pharmacy domain; or
    D. Take the action the Commission deems appropriate based upon its findings.
  3. The Commission conveys its findings and decision to the Executive Director/Secretary of NABP, who will prepare a written report, on behalf of the Commission, setting forth the Commission’s findings and decision. The Executive Director/Secretary will provide a copy of the report to the Appellant and its counsel as applicable, Commission members, and NABP counsel.

i) The decision of the Commission is final.

j) Appellant has no further rights to internal appeal, with NABP or the Commission, after the Commission has rendered a decision.

k) At any time NABP, in its sole discretion, may amend the terms of this .Pharmacy Verified Websites Program Appeal Procedure, The applicable procedure will be posted as Exhibit A of the .Pharmacy Terms and Conditions on the NABP website, or its successor website.