Terms and Conditions for WebMD Patient Choice Awards, WebMD Elite Choice Awards, and Medscape Physician Choice Awards
WebMD LLC (“WebMD”), as licensor, is responsible for exercising reasonable control over the use of the WebMD Patient Choice and Medscape Physician Choice Marks (as further described below as Certification Marks and Icon Marks, collectively the “Marks”). The Marks are exclusive to WebMD and Medscape and can only be used by authorized clients who have entered into licensing agreements with WebMD (“Clients”) and, as required by such licensing agreements, who have agreed to these terms and conditions (“Terms and Conditions”). These Terms and Conditions set forth the terms and conditions under which a Client may use the Certification Marks and/or Icon Marks outside of https://doctor.webmd.com/choice-awards.
Client agrees that its use of the Marks is governed by these Terms and Conditions and that WebMD can terminate or suspend the license and use rights of Client. If Client fails to remedy improper uses after notice from WebMD, Client may be denied the right to use the Marks, including termination of their license agreement for the same.
Sublicensing. Client does not have the authority to sublicense or approve third party uses of the Certification Marks and/or Icon Marks. However, this does not prohibit Client from engaging printers or publishers to use the Certification Marks and/or Icon Marks in materials prepared for the Client as long as such uses are consistent with these Terms and Conditions.
Ownership. Client agrees that WebMD owns all right, title, and interest in and to the Marks, including but not limited to all information, content, text, graphics, all copyrights, and all other intellectual property rights in and to the foregoing, including all derivative works thereof and modifications thereto. Except as expressly granted herein, Client acquires no right, title, or license to the Marks or the content incorporated therein. Client will not directly or indirectly obtain or attempt to obtain at any time, any right, title or interest by registration or otherwise in or to the Marks. Client acknowledges that the goodwill associated with the Marks belongs exclusively to WebMD and, upon request, Client will modify or cease its use of any Marks. For purposes of clarification, this Agreement does not grant WebMD any ownership interest in Client’s products or services that incorporate the Marks, except for those rights in the Marks contained therein.
Termination. Unless otherwise terminated by WebMD in exercise of its rights hereunder, the term of Client’s license to use the Marks shall be as set forth in the license agreement between WebMD and Client. Upon the expiration or termination of the license agreement between WebMD and Client pertaining to the Marks: (i) all licenses to the Marks hereunder or thereunder, as applicable, shall immediately terminate, and WebMD shall have the right to immediately suspend or remove Client’s access to such Marks, and (ii) Client shall immediately cease using the Marks, including deleting all use of the Marks from its systems, sites, and software, destroying any physical embodiments of the Marks, and instructing any third parties who are hosting or otherwise publishing electronic or physical embodiments of the Marks on behalf of Client to do the same. WebMD looks for consistent observance of these Terms and Conditions by Clients and will monitor, identify, and correct any uses not permitted under the Terms and Conditions, including termination of Client’s license to the Marks if client fails to timely cure any breach of these Terms and Conditions. Additionally, WebMD reserves the right to terminate Client’s use of the Marks and any licensing agreement related thereto if WebMD, in its sole discretion, reasonably believes that such use dilutes, diminishes, or blurs the value of the Marks. Further, WebMD shall also have the right to terminate or suspend Client’s right to use any of Marks, without having to give prior written notice to Client, if such use could threaten the validity or protection of those Marks. Any provisions of these Terms and Conditions which must survive in order to give effect to their meanings shall survive termination or expiration of the license agreement between WebMD and Client.
DISCLAIMER OF WARRANTIES. THE MARKS ARE PROVIDED “AS IS” AND WEBMD DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY REPRESENTATION THAT THE MARKS OR ANY COMPONENT OF ANY OF THE MARKS, WILL MEET CLIENT’S REQUIREMENTS OR THAT CLIENT’S USE OF THE MARKS WILL BE UNINTERRUPTED OR ERROR FREE. WEBMD DOES NOT MAKE, AND CLIENT DOES NOT RECEIVE, ANY REPRESENTATION OR WARRANTY (EXPRESS OR IMPLIED) REGARDING THE MARKS. THE WARRANTIES STATED IN THESE TERMS AND CONDITIONS ARE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WEBMD DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) TO THE EXTENT ALLOWED BY APPLICABLE LAW.
Definitions. Please note the following definitions:
- Certification Marks: A text description of the healthcare provider’s or health system’s rating (WebMD® Patient Choice Award, WebMD® Elite Choice Award, and Medscape® Physician Choice Award, along with the corresponding specialty, treatment, geographic region, and year)
- Icon Marks: The image designed by WebMD to identify the healthcare provider’s or health system’s rating (a static image)
General Guidelines for Usage of Icon Marks
Client must comply with these guidelines when using Icon Marks:
- Client may not alter the format of the Icon Marks.
- Client may not add logos, slogans, or other graphic elements to the Icon Marks.
- Client must keep Icon Mark elements in the same proportions as the versions provided.
- Client must allow for clear space around the Icon Mark as demonstrated below.
The distance between the Icon Mark and other objects, including text, is known as the “clear space.” There should always be a clear space surrounding the Icon Mark. The clear space or distance “X” is equal to the height of the word CHOICE within the icon mark (see below). This area must be kept free of type, photos, illustrations, and other graphic elements, provided, however, that exceptions are permitted only when the icon must overlay a photo or illustration field, or when positioned near an edge or trim and space is at a premium.
Grayscale and black-and-white versions of the detailed Icon Marks are included for applications where color is not possible, e.g., photocopying. Client may not reproduce the Icon Marks in any other single color other than black.
The typography, spacing, and graphic elements that comprise the Icon Marks have been designed for clear legibility and ease of reproduction.
The minimum width of the Icon Mark is 1 ½” wide for printing and 150 pixels for digital usage.
Examples of impermissible usage
- Cropping the award in any way.
- Altering the specific award designation.
- Infringing on the award with added elements (including when using in email footers).
- Adding your logo to the Icon Mark.
Specific Usage Guidelines for Certification Marks and Icon Marks:
Client may use the Certification Marks and Icon Marks under the following circumstances, and with the appropriate, approved Certification Mark Reference or Rating Explanation as noted below:
Printed communications (e.g., brochures, directories, newspapers, outdoor advertisements, etc.), whether using the Certification Marks or the Icon Marks, Client must include the following Certification Mark Reference:
- “WebMD® Patient Choice Award, WebMD® Elite Choice Award, and Medscape® Physician Choice Award are Certification Marks used under license in accordance with WebMD LLC’s certification procedures, standards and policies.”
Printed professional announcements and all print and digital medical directories, whether using the Certification Marks or the Icon Marks, must include the above Certification Mark Reference AND the following Rating Explanation:
- “WebMD LLC is the facilitator of both consumer-based and peer review rating processes. Ratings reflect the opinions of consumers and referring physicians who were the recipients of live poll intercepts on www.webmd.com and/or email surveys via Medscape email, as applicable. More information regarding the ranking methodology can be found at https://doctor.webmd.com/choice-awards/methodology.”
Internet uses, including social media uses, whether using the Certification Marks or the Icon Marks, Client must include the Certification Mark Reference AND the Rating Explanation identified above, with the URL provided as an active hyperlink.
Radio commercials must state both the Certification Mark Reference and the Rating Explanation.
Television and other visual and audio media must state or display in clear text, in the media, both the Certification Mark Reference and the Rating Explanation.
Certification Marks and Icon Marks: Non-Permitted Uses
Use or mention of the WebMD Patient Choice Awards, Medscape Physician Choice Awards, and/or corresponding Marks is prohibited if it violates these Terms and Conditions, including any use in:
- Political pieces, advertisements, or campaign materials
- "Letters to the Editor" or similar articles or opinion pieces that are public commentary or reflect the personal opinions of the rated health care provider or hospital
- Websites that do not conform to these Terms and Conditions, including websites that are not related to the health system specifically or health matters, websites that condone any activities in violation of the law or any website or in any application or publication that contains profane, obscene, or pornographic content or content that denigrates a particular group based on gender, race, religion, sexual preference, handicap, or other protected category.