|Online purchase with processed valid payment
|Percent of Sale
|Please make sure that the NAME, ADDRESS and COMPANY NAME on this application exactly matches the NAME, ADDRESS, and COMPANY NAME on your W-9 or W-8 BEN. All supplements and physical SKUs (products that are shipped) are subject to pricing as follows on all sales in a single calendar month: 15% of sale. All electronic courses/educational tools have a flat rate commission amount of 25% on every sale. This is a public offer and is open to any affiliate who qualifies to promote Seeking Health products using affiliate links for their marketing channel(s). Affiliate links may NOT be used for your own purchases: Affiliates must purchase their own product using a Seeking Health account. However, affiliates may request samples of our products on a case-by-case basis. Please Note: Affiliate Commission payments are made within the 1st-15th in the month following the month in which the commissions were earned. Payment dates are not specific and will vary. For example, for all approved conversions in the month of April, the commissions will be paid in the beginning of May.
Thank you for agreeing to participate in the Seeking Health, LLC Affiliate Program (the “Program”). We are looking forward to working together with you. This document and the documents incorporated hereto by reference (the "Agreement") sets out the terms and conditions of the agreement between Seeking Health, LLC (“Seeking Health”) and you for your participation in the Program.
You shall have the opportunity to promote Seeking Health and its products in accordance with the terms of this Agreement.
1. Term; Exclusivity. This Agreement is effective from the approval date of joining the Affiliate Program until your affiliate account is disabled and you are terminated from the Program.
2. Promoting. During the term, you agree to actively participate in this Program by generating sales and earning commissions on sales at a minimum of every one hundred and twenty (120) days by way of social media posts, ads, emails, landers, etc. promoting Seeking Health and its products, brands and services ("Promoting"). The promoting will conform to the specifications and instructions outlined herein. We will provide you with some briefing materials, so you can create promotions that achieve the goals of the Program (the "Program Materials"). All promoting will meet the following requirements:
(a) Your Promotions must comply with the Federal Trade Commission's (the "FTC") Guides Concerning Endorsements and Testimonials ("Endorsement Guides"), for which we provide you a link in Exhibit A. You agree to participate in any training we require. You are required to place an Affiliate Disclosure on your marketing channel where it is clearly visible to all end-users. These statements must disclose that you are receiving commission/compensation for promoting Seeking Health, its products and services. This statement must also include that all of the content and promotions related to Seeking Health products are of the opinion of the affiliate, and not of Seeking Health.
(b) You are encouraged to promote and market Seeking Health products using promotional materials supplied or approved by Seeking Health. Promotional material (emails, landers, ads, social media posts) must be consistent with Seeking Health’s branding and shall not be false or misleading.
(c) You shall direct potential purchasers of Seeking Health products to the dedicated links provided by Seeking Health.
(d) You agree to conduct yourself in compliance with all applicable laws, rules and regulations, including, without limitation, applicable privacy laws such as California Consumer Privacy Act and the CAN-SPAM Act.
(e) You may not make disease and/or drug claims, and must at all times ensure that your promotions are acceptable structure-function claims and lawful under the Federal Food Drug and Cosmetic Act and all relevant rules and regulations of the U.S. Food and Drug Administration (“FDA”).
(f) You may not use trademarked and company words such as Seeking Health®, Targeted Support®, StrateGene® and Dirty Genes® with Pay per Click (PPC) advertising
(g) Your promotions should only make factual statements about Seeking Health and our products, which you know for certain are true and can be proven or verified. In the Program Materials (given upon program approval), which include an Affiliate Guide and access to a Google drive, we will provide you with sample creatives and swipes that you may use in your promotions.
(h) Although we want your promotions to be authentic and based on your own opinions, beliefs, and experiences, your promotions should rely on the Program Materials to accurately use our trademarks, describe Seeking Health and our products.
(I) Your promotions will comply with the rules of the applicable social media/internet platforms.
(j) Your promotions will comply with our standards of conduct set out in Exhibit A and any other policies we provide you.
(k) Your promotions will comply with all applicable laws, rules, and regulations.
3. Monitoring Promotions. You understand that we may be monitoring your promotions for compliance with this Agreement. We have the right to address non-compliant promotions by any taking any of the following actions alone or in combination:
(a) Requiring you to fix the promotion.
(b) Withholding payment of commissions.
(c) Terminating the Agreement under Paragraph 9.
In addition, the following penalties shall apply: (i) for a First Offense, you will receive a warning letter from Seeking Health; (ii) a Second Offense will result in account suspension for sixty (60) days; (iv) a Third Offense is permanent termination from the program.
4. Ownership; Grant of Rights.
(a) Seeking Health is and will be the sole and exclusive owner of all right, title, and interest in and to any and all content provided in its Program Materials, including all copyrights and other intellectual property rights therein.
(b) We hereby grant you a limited license to use the Program Materials, including but not limited to, the SEEKING HEALTH trademark, solely for the Program.
5. Use of Your Name, Likeness, and Information. You hereby grant to Seeking Health and our affiliates, and each of our respective direct and indirect successors, and assigns, the right to use your name, image, likeness, and biographical, professional, and other identifying information, (including information you provide to us and any other information about you that is publicly available)(collectively, "Likeness") in connection with the Program, the Program, and any derivative works we make from the Program, including to advertise and promote the same or any product that features or includes the Program or a derivative work of a Program, in whole or in part. You waive the right to inspect or approve any use of your Likeness as contemplated in this Agreement.
6. Payment. You will be entitled to receive commissions as set forth in the Affiliate Guide located in the Affiliate Google Drive, which you will have access to once approved into the Program.
7. Confidentiality. You understand that you may be exposed to information about Seeking Health’s products, advertising campaign, and/or marketing/brand strategies and other proprietary information and ideas that may not have been disclosed to the public (collectively, the "Confidential Information"). You agree to maintain the confidentiality of all Confidential Information disclosed to you (or which otherwise becomes available to you) in connection with the Program, and will hold all Confidential Information in strict confidence. You further agree to refrain from disclosing or using Confidential Information for any purpose other than participating in the Program. The obligation to maintain the confidentiality of Confidential Information shall survive termination and continue for five (5) years thereafter, unless it is a trade secret, which shall survive termination as long as the information is a trade secret.
8. Indemnification. You agree to indemnify, defend, and hold harmless Seeking Health and our affiliates, and our and their respective officers, directors, employees, agents, successors, and assigns, from and against any claims, judgments, damages, liabilities, settlements, losses, costs, and expenses, including attorneys’ fees and disbursements, arising from or relating to any breach by you of your representations, or warranties, or other obligations hereunder, which shall include but are not limited to, data breach and privacy claims, accessibility claims and copyright infringement claims.
(a) Upon thirty (30) days written notice, either party may terminate this Agreement.
(b) Seeking Health may terminate this Agreement immediately, for cause, if you fail to comply with any of the requirements of this agreement, including but not limited to, compliance with all laws, rules and regulations of the FDA and FTC, applicable privacy laws, such as the California Consumer Privacy Act, and the CAN-SPAM Act.
(c) To best serve you and our program, you are required to actively participate in the program by generating sales and earning commissioned sales at a minimum of every one hundred and twenty (120) days. Failure to reach this benchmark for any period of one hundred and twenty (120) shall result in being automatically disabled and removed from the program.
(d) Seeking Health also may terminate this Agreement immediately on written notice to you if you:
(I) commit or are alleged to have committed any criminal act or other act involving moral turpitude, drugs, or felonious activities; commit any act or become involved in any situation or occurrence which brings you into public disrepute, contempt, scandal, or ridicule, or which shocks or offends the community or any group or class thereof, or which reflects unfavorably upon Seeking Health or reduces the commercial value of our association with you, which Seeking Health may unilaterally determine; or
(ii) information becomes public about your having, in the past, so conducted yourself as in (i) or (ii);
(iii) Misuse of the names or image of speakers or faculty who appear in Seeking Health products in a manner not consistent with the goals, branding and intent of Seeking Health and its products;
(iv) Any deviation from the highest standards of professional and commercial conduct; or,
(v) Breach of the terms of this Agreement.
10. Relationship of the Parties.
(a) You understand that you are independent of Seeking Health, and this Agreement does not create any association, partnership, joint venture, employee, or agency relationship between you and us for any purpose. You have no authority (and will not hold yourself out as having authority) to bind Seeking Health and will not make any agreements or representations on our behalf without our prior written consent.
(b) We are not responsible for withholding or paying any income, payroll, Social Security, or other taxes, making any insurance contributions, including unemployment or disability, or obtaining worker's compensation insurance on your behalf. You are solely responsible for all such taxes and contributions, including penalties and interest. You are not eligible under this Agreement to participate in any of our employee benefits, such as time off, medical, profit sharing, or retirement benefits.
(a) This Agreement is personal to you. You will not assign or otherwise transfer any of your rights, or delegate, subcontract, or otherwise transfer any of your obligations or performance, under this Agreement. Any attempt to assign, delegate, or transfer in violation of this paragraph is void. Seeking Health may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement. This Agreement is binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
(b) This Agreement is governed by and construed in accordance with the laws of the State of Washington without giving effect to any conflict of laws provisions that would result in the application of the laws of a different jurisdiction. All disputes and claims relating to this Agreement, the rights and obligations of the parties hereto, or any claims or causes of action relating to the performance of either party will be settled by arbitration by the American Arbitration Association in Bellingham, Washington in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association. The costs of the arbitration proceedings will be borne by the losing party if such party is found to have been in material breach of its obligations hereunder. This agreement to arbitrate will survive any termination or expiration of this Agreement.
(c) If any provision of this agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this agreement will continue in full force and effect. This agreement contains the entire agreement between you and Seeking Health and supersedes any oral or written statements made by or to you in connection with the Campaign and the Posts. This agreement may not be modified except by a written agreement that is signed by an authorized representative of Seeking Health.
Exhibit A - Standards of Conduct
With respect to promotional messages, photos, or other communications made on social media platforms about Seeking Health and our products/services/brands, all influencers must adhere to the following standards:
You must comply with the Federal Trade Commission's (the "FTC") Guides Concerning Endorsements and Testimonials (http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf), including making:
statements that reflect your honest beliefs, opinions, and experiences; and
clear and conspicuous disclosure about your connection to us in all of your promotions.
To better understand your responsibilities under the Endorsement Guides, you must review:
The FTC's Endorsement Guides: What People Are Asking (https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking).
FTC: The Do's and Don'ts for Social Media Influencers (https://www.ftc.gov/news-events/press-releases/2017/09/csgo-lotto-owners-settle-ftcs-first-ever-complaint-against).
FTC: Disclosures 101 for Social Media Influencers (https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf).
FTC: Do you endorse things on social media? (https://www.ftc.gov/news-events/audio-video/video/advice-social-media-influencers).
You may not:
make deceptive or misleading claims about our products/services or our competitors' products or services;
make any claims about our products/services or our competitors' products/services that are not backed up by evidence;
disclose any of our confidential information;
disparage Seeking Health or our brands/products/services;
engage in any communication that is defamatory or infringes upon the copyright, trademark, privacy, publicity, or other intellectual property rights of others;
make offensive comments that have the purpose or effect of creating an intimidating or hostile environment;
post content that promotes bigotry, racism, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
use ethnic slurs, personal insults, obscenity, or other offensive language; and
make any comments or post any content that in any way promotes unsafe activities that could lead to an unsafe situation involving Seeking Health’s consumers or other individuals.
You must adhere to:
any additional guidelines provided by Seeking Health, such as product/service/brand-specific program requirements and our Promotion Policy.
You must not create fake followers or engagement on social media platforms, such as:
using bots to grow audience size by automating account creation, following, commenting, and liking; or
post fake sponsored content.
You shall direct potential purchasers of Seeking Health products to dedicated links provided by Seeking Health.
You shall use promotional materials supplied or approved by Seeking Health. Promotional material (emails, landers, ads, social media posts) must be consistent with Seeking Health’s branding.
Unless otherwise explicitly stated, live physical events, membership programs, and external promotions are excluded from affiliate commissions.
Net revenues means the revenues left after subtracting expenses and refunds. These are determined by Seeking Health, at Seeking Health’s sole discretion, and are deducted from affiliate payment amounts. Seeking Health has a sixty (60)-Day Return Policy. Commissions will be tracked via dedicated unique links or other conversion triggers provided by Seeking Health. Each affiliate is required to obtain the conversion trigger provided in advance of the promotion, in order to enable them on their appropriate marketing channel. Commissions cannot be paid if the affiliate fails to use the conversion trigger. Commissions will be paid for revenue received net of refunds.
Affiliate Commission payments are made during the month after the month in which the commissions were earned. Payment dates are not specific and may vary. For example, for all approved conversions in the month of April, the commissions will be paid in May. Any of your end-users who return their full or partial order for a refund will cause a retraction (clawback) of that commission in your account. Because of this, it may be possible that you will have a negative balance in your account if returns are high. This is to account for lost commission based on refunds or returns (sixty (60)-Day Return Policy). The commission structure is subject to change at any time, without notice. All payment processing shall be performed by Seeking Health.