Affiliate Program Terms and Conditions
Effective Date: August 3, 2026. Last Updated: August 14, 2026.
These Affiliate Program Terms and Conditions (“Terms”) govern participation in the MD Analytics Affiliate Program (“Program”), operated by MD Analytics, Inc., Behavioral Prep Division (“MD Analytics,” “we,” “us,” or “our”), through which approved participants (“Affiliates,” “you”) earn commissions for referring individuals who purchase the RBT Initial Competency Assessment or RBT Recertification Assessment (“Assessment Services”) through MD Analytics at marionduboy.com.
By submitting an application to the Program, clicking any “I Agree” or “Accept” button, or by continuing to participate after being approved, you acknowledge that you have read, understood, and agree to be bound by these Terms. You agree that your electronic acceptance constitutes a legally binding agreement equivalent to a handwritten signature. If you do not agree, do not apply to or participate in the Program.
Your participation in the Program is also subject to our Privacy Policy, which describes how we collect, use, and protect your personal information and the information of those you refer.
1. Definitions
- “Affiliate Link” means the unique, trackable referral link or code assigned to you upon approval.
- “Affiliate Portal” means the online dashboard or platform provided by MD Analytics through which Affiliates access their account, Affiliate Link, referral data, commission balance, and payout request functions.
- “Affiliate Group” means a subset of Affiliates subject to additional or modified terms communicated in writing by MD Analytics, such as high-volume referral partners, educational institutions, or staffing agencies.
- “Assessment Services” means the RBT Initial Competency Assessment and RBT Recertification Assessment offered by MD Analytics through marionduboy.com, as may be updated from time to time.
- “Commission” means the payment owed to you for each Qualifying Referral, calculated according to your current Affiliate Tier.
- “Confidential Information” has the meaning given in Section 12.1.
- “Program Materials” means any logos, copy, links, banners, graphics, creative assets, or other promotional materials that MD Analytics (a) provides to you through the Affiliate Portal, or (b) expressly approves in writing for your use in connection with the Program.
- “Qualifying Referral” means a Referral who completes a paid purchase of an Assessment Service that is not refunded, as defined in Section 5.
- “Referral” means a person who visits our website through your Affiliate Link, or who otherwise books an Assessment identified by your Affiliate ID, within the applicable Tracking Period.
- “Tracking Period” means the 30-day period following a person’s first click on your Affiliate Link, during which a resulting purchase is attributed to you.
2. Eligibility and Enrollment
To participate, you must submit an application through our Affiliate Portal and be approved by MD Analytics. We review every application; approval is at our sole discretion, and we may decline or revoke an application without providing a reason. You must be at least 18 years old and legally able to enter into these Terms.
You are responsible for keeping your application and account information current, and for maintaining the security and confidentiality of your Affiliate Portal login credentials. You must notify MD Analytics immediately at [email protected] if you suspect unauthorized access to your account. MD Analytics is not liable for Commissions paid or actions taken as a result of unauthorized account access that you fail to promptly report.
MD Analytics may, at its discretion, place a new Affiliate directly into a higher Affiliate Tier in cases involving expected high referral volume, such as RBT training programs, educational partners, or staffing agencies.
The Program is open to participants worldwide unless otherwise restricted by MD Analytics in writing. MD Analytics reserves the right to decline or terminate participation where applicable law makes payment, tax compliance, or program administration impractical. International Affiliates are solely responsible for complying with all laws applicable in their jurisdiction.
3. Relationship of the Parties
You participate in the Program as an independent contractor. Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship between you and MD Analytics. You have no authority to make representations, warranties, or commitments on behalf of MD Analytics, and you may not represent yourself as an employee, agent, or official representative of MD Analytics. You are solely responsible for how you conduct your own business, including any expenses you incur in promoting the Program.
By participating in the Program, you represent and warrant that: (a) you have the full legal right, power, and authority to enter into these Terms; (b) your participation and promotional activities do not violate any agreement, obligation, or law to which you are subject; (c) your promotional channels and methods do not infringe upon the intellectual property or other rights of any third party; and (d) all information you provide to MD Analytics in connection with your participation is accurate and complete.
4. Referral Links, Tracking, and Attribution
Upon approval, you will receive a unique Affiliate Link. You must use only this link, or Program Materials we provide, to refer people to MD Analytics. Referrals are tracked using cookies with a 30-day Tracking Period from the date of first click. If a Referral clicks Affiliate Links belonging to more than one Affiliate before purchasing, the Commission is attributed to the Affiliate whose link was clicked last before purchase (“last-click attribution”).
MD Analytics is not responsible for lost or unattributed Referrals resulting from a Referral clearing cookies, using a different device or browser, being blocked by ad-blocking or privacy software, or any other circumstance outside our reasonable control. Our use of tracking cookies is subject to applicable privacy laws and our Privacy Policy. Affiliates may not use their Affiliate Links in ways that circumvent required cookie consent mechanisms, and are responsible for their own compliance with applicable privacy laws in the jurisdictions in which they promote the Program.
If you believe a Qualifying Referral has been incorrectly attributed or not recorded, you must notify MD Analytics in writing within 30 calendar days of the purchase date. MD Analytics will review the claim using available tracking data and provide a written response within 14 business days. MD Analytics’ determination regarding attribution disputes is final.
5. Commission Structure and Qualifying Referrals
Affiliates earn a percentage-based Commission on each Qualifying Referral, according to the following tiers:
| Tier | Commission Rate | How You Get There |
|---|---|---|
| Associate | 10% | Starting tier for all approved Affiliates |
| Partner | 12% | After 5 cumulative Qualifying Referrals |
| Ambassador | 15% | After 15 cumulative Qualifying Referrals |
Tier advancement is based on cumulative Qualifying Referrals. MD Analytics reviews Affiliate activity on a monthly basis and will advance eligible Affiliates to their new tier within 30 calendar days of the milestone being reached. The new Commission rate applies to Qualifying Referrals confirmed after the tier advancement date; it is not retroactive. Tier demotion does not apply to this Program: once advanced, your tier is maintained for the duration of your participation unless your account is terminated for cause. Refunded or reversed purchases do not count toward tier advancement.
MD Analytics may, at its sole discretion, place high-volume partners into a higher tier at the outset, by separate written agreement, and may change Commission rates or the tier structure at any time with notice as described in Section 13. Rate changes apply prospectively and do not affect Commissions already earned.
A Referral becomes a Qualifying Referral when the referred person has paid in full for an Assessment Service. Under MD Analytics’ Refund Policy, RBT Initial and Recertification Assessments are not refundable once scheduled and paid for, except in limited exceptional circumstances (significant technical issues preventing access, or duplicate purchases), for which a refund request must be submitted in writing within 5 days of the original purchase date. A Commission is treated as confirmed once that 5-day exceptional-circumstances window closes without a refund request or grant. If a purchase tied to a Qualifying Referral is later refunded, reversed, or charged back, the associated Commission is removed from your balance, even if already counted toward tier advancement.
MD Analytics reserves the right to withhold or reverse a Commission it reasonably believes resulted from fraud, self-referral, or a material violation of these Terms. Before reversing a confirmed Commission on fraud grounds, MD Analytics will provide written notice and an opportunity to respond within 7 business days, unless immediate action is necessary to prevent ongoing harm.
6. Payments and Taxes
Commissions accrue to your Affiliate account balance as Qualifying Referrals are confirmed. You may request payout once your unpaid balance reaches $50 USD; balances under $50 carry forward with no expiration, subject to the dormant account policy in Section 17. Approved payout requests are processed within 30 calendar days.
Payments are made via PayPal, to the payment email address on file in your Affiliate Account. MD Analytics may, at its discretion, offer additional payment methods in the future; if PayPal is unavailable in your jurisdiction, contact [email protected] to discuss alternative arrangements. MD Analytics is not liable for payments sent to an incorrect address you provided, or for delays caused by payment processor issues outside our control.
Upon termination for any reason other than fraud or a material violation of Section 8, any unpaid Commission balance will be paid to you regardless of the $50 threshold, provided you submit a final payout request within 60 calendar days of termination. Balances not claimed within 60 days may be subject to forfeiture or handling under applicable unclaimed property law.
You are solely responsible for any taxes owed on Commissions you earn. If you are a U.S. person and your total Commissions in a calendar year meet the applicable IRS reporting threshold, MD Analytics will issue you a Form 1099 and may request a completed Form W-9 before processing payment. If you are not a U.S. person, you are responsible for complying with the tax laws of your own jurisdiction; MD Analytics may request a completed IRS Form W-8BEN or other applicable tax documentation, and reserves the right to withhold taxes from payments to non-U.S. persons as required by U.S. federal tax law.
7. Affiliate Responsibilities and Promotional Guidelines
You will represent the Program and MD Analytics’ Assessment Services honestly and accurately. You will not make claims about certification outcomes, pass rates, or guarantees of RBT certification. MD Analytics’ Assessment Services help candidates prepare; certification decisions are made by the BACB or Pearson VUE, as applicable, not by MD Analytics or its Affiliates. You will not misrepresent BACB requirements, exam content, or MD Analytics’ relationship to the BACB.
You may only use Program Materials we provide or expressly approve in writing, and may not alter our logos, trademarks, or copy without permission. You are responsible for ensuring your promotional activity complies with all applicable laws and regulations, including Section 6 below (Required Disclosures), as well as the terms of service and promotional policies of any third-party platform on which you promote the Program (including Meta, TikTok, YouTube, X, LinkedIn, and similar platforms). MD Analytics is not responsible for any actions taken against your account by a third-party platform.
You may participate in affiliate programs for other companies, including competitors of MD Analytics. However, you may not use Program Materials or your Affiliate Link in a way that directly compares MD Analytics’ services unfavorably to a competitor using false or misleading claims, or that otherwise disparages MD Analytics, its Assessment Services, or its personnel.
8. Prohibited Conduct
You may not:
- Refer yourself, a household member, or any account you control, and represent it as a legitimate Referral.
- Use spam, unsolicited bulk email, or misleading subject lines to promote your Affiliate Link.
- Bid on MD Analytics’ brand name, “Marion Duboy,” “marionduboy.com,” or any close misspellings or variations, in paid search advertising.
- Use incentivized traffic, bots, click farms, browser extensions that auto-apply affiliate links, or any other technique designed to generate false or artificial Referrals.
- Interfere with, disable, or attempt to manipulate MD Analytics’ tracking, cookies, or referral attribution.
- Promote the Program on any website or channel that hosts illegal, discriminatory, sexually explicit, or otherwise inappropriate content.
- Present yourself as speaking on behalf of MD Analytics in any capacity beyond referring people to the Program.
- Operate a coupon, deal, or discount aggregation website featuring MD Analytics promotions that have not been expressly authorized in writing.
- Post fake, incentivized, or misleading reviews of MD Analytics or its Assessment Services, or use your Affiliate Link in connection with any review-manipulation scheme.
A violation of this Section may result in forfeiture of unpaid Commissions directly and demonstrably related to the violation, in addition to termination under Section 9.
9. Term, Termination, and Program Suspension
Your participation begins upon approval and continues until ended by either party. You may leave the Program at any time by providing written notice to [email protected]. MD Analytics may suspend or terminate your participation at any time: immediately and without prior notice in the event of fraud, a violation of Section 8, or any conduct that poses an immediate legal risk to MD Analytics; or with 14 calendar days’ written notice for any other reason, including convenience. During a notice period, your Affiliate Link remains active and any Qualifying Referrals made during that period will be honored.
Upon termination, MD Analytics will pay out Commissions properly earned and unpaid as of the termination date, except that if the termination is for fraud or self-referral, MD Analytics may forfeit Commissions directly and demonstrably attributable to the violation; and if the termination is for any other violation, MD Analytics may withhold payment pending resolution of any outstanding claims, releasing any amounts not subject to a valid claim within 60 calendar days.
MD Analytics may also suspend the Program, in whole or in part, temporarily due to technical issues, legal or regulatory developments, business restructuring, or other operational reasons. During a suspension, Affiliate Links may be deactivated and new Referral tracking may be paused, but Commissions already confirmed before the suspension remain payable on the normal schedule. MD Analytics will make reasonable efforts to notify Affiliates of a suspension; a suspension does not by itself constitute termination of your participation. MD Analytics is not liable for lost Referrals, traffic, or commission opportunities resulting from a suspension.
10. Intellectual Property and Trademark License
Subject to your compliance with these Terms, MD Analytics grants you a limited, non-exclusive, revocable, non-transferable license to use the Program Materials solely to promote the Program during your participation. This license ends automatically when your participation ends, at which point you must stop using all Program Materials, including your Affiliate Link.
All trademarks, service marks, logos, trade names, and content used in connection with the Program, including but not limited to “MD Analytics,” “Behavioral Prep Division,” “Marion Duboy,” and “marionduboy.com,” remain the sole property of MD Analytics or its licensors, whether or not registered. Nothing in these Terms transfers any intellectual property rights to you. You are solely responsible for ensuring that any content you create in connection with your promotional activities does not infringe upon the intellectual property rights of any third party.
11. Required Disclosures
Because you receive compensation for referrals, the FTC requires you to clearly and conspicuously disclose your affiliate relationship with MD Analytics any time you promote the Program, including on websites, social media, email, and in person. A disclosure such as “I earn a commission if you book through my link” or “Affiliate link” placed near the referral link satisfies this requirement. Disclosures must be easy to notice and understand, not buried in a bio, footnote, or hyperlink alone. Failure to disclose your affiliate relationship as required by law is a material violation of these Terms and may result in immediate termination from the Program.
If you promote the Program to audiences outside the United States, you are responsible for complying with all applicable disclosure and advertising requirements in those jurisdictions. The FTC guidance referenced above is the minimum U.S. standard; other countries may impose additional or different requirements.
12. Confidentiality
“Confidential Information” means any non-public information disclosed by MD Analytics to you in connection with the Program, including business plans, pricing strategies, Commission structures not publicly disclosed, customer data, technology systems, referral data, and any information designated as confidential by MD Analytics. It does not include information that is or becomes publicly available through no fault of yours, was already known to you, is independently developed by you, or is required to be disclosed by law (with prompt notice to MD Analytics to the extent permitted).
You will hold Confidential Information in strict confidence, use it only as necessary to participate in the Program, not disclose it to third parties without our prior written consent, and take reasonable precautions to protect it. This obligation survives termination of your participation for three years. You acknowledge that a breach of this Section may cause irreparable harm for which monetary damages would be an inadequate remedy, and that MD Analytics is entitled to seek injunctive or equitable relief in addition to any other available remedies.
13. Modifications to the Program or These Terms
MD Analytics may modify these Terms, the Commission structure, or the Program at any time. For material changes, including changes to Commission rates, payment terms, or eligibility requirements, MD Analytics will provide at least 14 calendar days’ advance notice by email to the address on file and by posting the updated Terms on this page with a new effective date. Non-material changes, such as clarifications or administrative updates, may take effect immediately upon posting. Changes to Commission rates apply prospectively and do not affect Commissions already earned. Continued participation in the Program after a change takes effect constitutes acceptance of the updated Terms; if you do not agree, your remedy is to leave the Program as described in Section 9.
14. Disclaimers, Limitation of Liability, and Indemnification
The Program is provided “as is.” MD Analytics does not guarantee any minimum level of Referrals, traffic, or earnings. To the fullest extent permitted by law, MD Analytics is not liable for any indirect, incidental, or consequential damages arising from your participation, including lost profits or lost business opportunities. Nothing in this Section excludes liability that cannot be excluded or limited under applicable law.
MD Analytics’ total aggregate liability to you under these Terms will not exceed the total Commissions paid to you in the 12 calendar months immediately preceding the event giving rise to the claim. This limitation does not apply to your indemnification obligations, your confidentiality obligations, intellectual property infringement by you, or claims arising from your fraud or willful misconduct.
You agree to defend, indemnify, and hold harmless MD Analytics, its officers, directors, employees, and agents from claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, your promotional activities, your violation of any applicable law, or any third-party claim that your content infringes their rights. MD Analytics will provide you prompt written notice of any such claim, give you the opportunity to control its defense and settlement (with MD Analytics able to participate at its own expense), and reasonably cooperate with your defense; you may not settle any claim in a way that imposes obligations on MD Analytics without our prior written consent. MD Analytics will likewise defend, indemnify, and hold you harmless from third-party claims that your authorized use of the Program Materials infringes a third party’s intellectual property rights.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Before initiating any formal dispute proceeding, the parties agree to attempt to resolve any dispute informally through good-faith negotiation for 30 calendar days following written notice.
If a dispute is not resolved informally, it will be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in Miami-Dade County, Florida, or via video conference if both parties agree. The arbitrator’s decision is final and binding. Each party bears its own costs and attorneys’ fees, except the arbitrator may award fees to the prevailing party in cases of bad-faith claims.
You and MD Analytics each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim is adjudicated in court rather than through arbitration, both parties waive any right to a jury trial. Nothing in this Section prevents either party from seeking emergency injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm, including enforcement of the confidentiality or intellectual property provisions above. For any claims not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Miami-Dade County, Florida.
16. Force Majeure
Neither party will be liable for any delay or failure to perform its obligations under these Terms to the extent caused by events beyond that party’s reasonable control, including acts of God, natural disasters, government action, cyberattacks, pandemic-related restrictions, payment processor outages, or internet infrastructure failures. MD Analytics will make reasonable efforts to notify Affiliates and restore normal Program operations as quickly as practicable.
17. General Provisions
Entire Agreement. These Terms, together with any Affiliate Group-specific terms communicated to you in writing, are the entire agreement between you and MD Analytics regarding the Program.
Severability. If any provision of these Terms is found unenforceable, the remaining provisions stay in effect. If the class action waiver in Section 15 is found unenforceable, the entirety of the arbitration provision in that Section shall be null and void.
No Waiver. MD Analytics’ failure to enforce any provision of these Terms is not a waiver of its right to do so later.
Assignment. You may not assign or transfer your participation in the Program or any rights or obligations under these Terms without MD Analytics’ prior written consent. MD Analytics may assign these Terms without your consent in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.
Dormant Accounts. If your Affiliate account has no login activity and no Qualifying Referrals for 24 consecutive months, MD Analytics may classify your account as dormant and notify you at your email address on file. If you do not respond or log in within 30 days of that notice, MD Analytics may close your account and handle any remaining balance in accordance with applicable unclaimed property laws.
Contact and Notices. Questions regarding these Terms, Commission inquiries, or Program administration should be directed to:
MD Analytics, Inc., Behavioral Prep Division
722 Collins Hill RD STE H-111
Lawrenceville, GA 30046-4118
Email: [email protected]
Website: marionduboy.com
Notices required under these Terms must be provided in writing by email with confirmation of delivery, or by certified mail to the addresses above. Notice is deemed received immediately upon confirmed email delivery, or three business days after mailing by certified mail.