These Terms govern your participation in the Cervantes Bariatrics Referral Program (the “Program”). By creating a partner code, clicking any acknowledgement, or otherwise participating in the Program, you agree to be bound by these Terms and all linked policies. Please read carefully.
The Cervantes Philosophy
"We don’t want our Referral Partners to become salespeople.
We want them to become storytellers."
1. Eligibility and Authority
You must be at least 21 years of age and legally able to enter into contracts in your jurisdiction. You represent and warrant that all information you provide is accurate and that you have full power and authority to enter into and perform under these Terms. Cervantes Bariatrics reserves the right to approve, suspend, or discontinue participation in the program at any time.
2. Independent Relationship
Referral Partners are not employees, medical representatives, sales representatives, or members of the medical team. You are an independent referrer. The Cervantes team handles all consultations, medical questions, pricing, scheduling, travel coordination, deposits, surgery arrangements, and patient care.
3. What Does a Referral Partner Do?
Referral Partners are encouraged to share their authentic journey. You can:
- Talk about your own experience.
- Share your own transformation and recovery experience.
- Share approved Cervantes Bariatrics content.
- Share your personal photos when appropriately authorized.
- Tell people how to contact the Cervantes team.
- Introduce friends, family, coworkers, and followers.
- Direct interested people to your personal referral link or referral code.
- Encourage people who are considering surgery to schedule a consultation.
The Golden Rule: You share your experience. We handle the patient.
4. What Referral Partners Do Not Do
To ensure patient safety and legal compliance, Referral Partners should never:
- Give medical advice.
- Diagnose a medical condition.
- Recommend a specific procedure to someone.
- Promise a particular surgical result.
- Guarantee a specific recovery time.
- Represent themselves as a doctor, nurse, coordinator, employee, or representative of Cervantes Bariatrics.
- Quote medical information as though it came from the medical team.
- Negotiate surgical pricing.
- Collect deposits or payments.
- Schedule surgery on behalf of the practice.
- Make promises regarding complications, revisions, refunds, or outcomes.
- Misrepresent their relationship with Cervantes Bariatrics.
When someone asks a medical question, the answer is simple:
“I’m happy to tell you about my personal experience, but I’m not a medical professional. Let me connect you with the Cervantes team so they can answer that for you.”
5. Patient Incentives, Commissions, and Payout Structure
The Referral Program operates under a strict, post-surgery compensation model with monthly payouts, to ensure fairness and transparency:
The Patient Incentive
To encourage interested individuals to use your referral link, referred patients will receive a complimentary bariatric nutrition package (an $80 USD value) waiting for them at surgery. This serves as a strong incentive for them to officially register under your partner code.
*May include bariatric vitamins, protein products, or other nutritional essentials selected by our team.
The Partner Commission
You will earn a fixed commission of $100 USD for each referred patient who successfully completes their bariatric surgery.
Payout Timeline and Validation
- Post-Surgery Payment: Commissions are not paid at the time a deposit is made. A commission is earned only when the referred patient completes their surgery.
- Validation: Our medical coordinator will confirm, accompany, and validate that the referred patient has arrived and successfully undergone their surgical procedure. Only validated surgeries generate a commission.
- Monthly Payout: All commissions validated during a calendar month are paid within 15 days after the end of that month. Surgeries validated after the monthly cutoff are included in the following month's payout.
- Payment Method: Payouts are sent using the payment method you have registered in your referral portal. Keeping this information up to date is your responsibility; incomplete payment details may delay your payout to the next monthly cycle.
- Refunds and Cancellations: If a patient cancels their procedure, does not show up, or their deposit is refunded prior to surgery, the commission is annulled and will not be paid.
Example
You share your link in March. A friend fills out the form on March 10 and has surgery on April 22. Our coordinator validates the surgery on April 23, so your $100 USD commission is included in the April payout, paid within the first 15 days of May. If that same surgery had taken place on May 2 instead, the commission would be part of the May payout, paid within the first 15 days of June.
Eligibility & Tracking Rules
- New Patients Only: To qualify for a commission, the referred patient must be a completely new lead. Patients who are already registered in the Cervantes Bariatrics CRM prior to your referral do not qualify.
- Tracking Window: The patient must submit their initial contact form using your specific tracking link or code. Cervantes Bariatrics relies on its CRM attribution tracking to map the patient to the partner.
- Mandatory FTC Disclosure: The affiliate must publicly declare that they receive a commission. You must clearly and conspicuously disclose your material connection to Cervantes Bariatrics (e.g., “I earn a commission if you book through my link” or using hashtags like #affiliate).
6. Tax and Compliance Responsibilities
You are solely responsible for all federal, state, local, and foreign taxes arising from any commission paid to you. Cervantes Bariatrics has no obligation to advise you on tax matters or pay taxes on your behalf.
7. Audit, Investigation, and Cooperation
Cervantes Bariatrics may, at any time, review, audit, monitor, or investigate your content and referred orders for compliance with these Terms. You agree to cooperate in good faith, including taking down non-compliant content (such as unauthorized medical claims) within 24 hours of our request.
8. Indemnification, Liability & Governing Law
You agree to defend, indemnify, and hold harmless Cervantes Bariatrics, Dr. Luis Cervantes, and its affiliates from and against all third-party claims, medical liability claims, regulatory actions, damages, and expenses arising out of your content, unauthorized medical claims, or breach of these Terms. Our aggregate liability to you is limited to the total commissions actually paid to you in the six (6) months preceding the claim. These terms shall be governed by and construed in accordance with the laws of Baja California, Mexico, applicable to agreements made and to be entirely performed within such jurisdiction.
9. Contact Information
If you have questions about these Terms, the Program, or require clarification on acceptable promotional content, please contact our partner support team at:
Email: info@drcervantesbariatric.com
Ready to Join the Program?
By applying, you acknowledge that you have read, understood, and agree to follow all the guidelines and restrictions detailed in these Referral Program Terms.
