NUTRA HARMONY AFFILIATE TERMS AND CONDITIONS
Effective Date: May 22, 2026
Publication Date: May 22, 2026
This Privacy Policy describes the terms, conditions and eligibility requirements involved with being a Nutra Hamony affiliate.
Last updated: May 14, 2026
1. Introduction
2. Affiliate Eligibility
3. Affiliate Representations, Warranties, and Covenants
4. Compensation
5. Nutra Harmony's Intellectual Property
6. Grant of License by Affiliate; Ownership of Affiliate Content
7. Release
8. Indemnification
9. Limitation of Liability
10. Confidentiality
11. Term and Termination
12. Right To Monitor
13. Arbitration, Choice of Law, and Venue
14. Miscellaneous Terms
15. Contact Us
16. NUTRA HARMONY AFFILIATE MARKETING GUIDELINES
1. introduction
Introduction
These Affiliate Terms and Conditions (the "Affiliate Terms"), effective as of the date these Affiliate Terms are first published (the "Publication Date") and last updated May 14, 2026, along with Wellintone Corp dba Nutra Harmony ("Nutra Harmony", "we", "us", or "our") Affiliate Marketing Guidelines, Terms of Service, and Privacy Policy, which are incorporated herein and made a part of these Affiliate Terms by reference, apply to and govern your ("you", "your") relationship with Nutra Harmony as an affiliate promoter, endorser, or marketer (each an "Affiliate") of our goods and services (collectively, "Products").
To the extent that any part of these Affiliate Terms conflicts with our Affiliate Marketing Guidelines, Terms of Service, or Privacy Policy, these Affiliate Terms shall control. For purposes of these Affiliate Terms, "Affiliate Services" means the sale of any of our Products, or rendering of promotional or endorsement services, by an Affiliate on social media or other platforms, including without limitation, Instagram, TikTok, and YouTube, for Nutra Harmony.
Please read these Affiliate Terms, our Affiliate Marketing Guidelines, our Terms of Service, and our Privacy Policy carefully, as they form a binding agreement between you and Nutra Harmony and affect your legal rights, responsibilities, and obligations. If you do not wish to be bound by our guidelines, terms, or policies, or any future modifications to any part thereof, you may not participate or serve as our Affiliate. Your compliance with these agreements is a material condition of your serving as an Affiliate and Nutra Harmony's obligations to pay you for Affiliate Services. By rendering Affiliate Services, you consent to be bound by these terms.
By serving or applying to serve as our Affiliate, you acknowledge and agree that we reserve the right to modify these Affiliate Terms at any time. You further agree that serving or applying to serve as our Affiliate shall be considered acceptance of these Affiliate Terms, as may be amended from time to time, and that we may, at our sole and absolute discretion, cancel, change, suspend, or modify any aspect of any Affiliate program at any time, without prior notice.
ACCEPTANCE OF THESE AFFILIATE TERMS OCCURS UPON THE EARLIEST OF: (I) CLICKING THE "ADD PRODUCTS" BUTTON OR OTHERWISE ADDING ANY NUTRA HARMONY PRODUCT TO YOUR TIKTOK SHOP; (II) REQUESTING, ACCEPTING, OR USING ANY PRODUCT SAMPLE PROVIDED BY NUTRA HARMONY; (III) CREATING OR POSTING ANY AFFILIATE CONTENT FEATURING NUTRA HARMONY PRODUCTS; OR (IV) OTHERWISE PARTICIPATING IN THE PROGRAM IN ANY CAPACITY. BY TAKING ANY OF THE FOREGOING ACTIONS, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE AFFILIATE TERMS IN THEIR ENTIRETY.
YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE PUBLICATION DATE OR THE EFFECTIVE DATE OF ANY SUBSEQUENT MODIFICATION WILL CONSTITUTE YOUR ACCEPTANCE OF THESE AFFILIATE TERMS, AS AMENDED. IF YOU ARE CURRENTLY PARTICIPATING IN THE PROGRAM AS OF THE PUBLICATION DATE AND YOU DO NOT AGREE TO THESE AFFILIATE TERMS, YOUR ONLY RECOURSE IS TO IMMEDIATELY CEASE ALL AFFILIATE SERVICES AND PROVIDE WRITTEN NOTICE OF TERMINATION TO NUTRA HARMONY AT [AFFILIATES@NUTRAHARMONY.COM]. IF ANY MODIFICATION TO THESE AFFILIATE TERMS IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM.
2. affiliate eligibility
To be our Affiliate, you must apply to be an Affiliate through the appropriate social media channels (e.g., TikTok Shop) or via our website through our Ambassador Program.
You must also be: (i) a legal resident of the fifty (50) United States or District of Columbia; (ii) at least eighteen (18) years of age; and (iii) if you are providing Affiliate Services on TikTok, an eligible and approved TikTok Shop Creator in accordance with TikTok's applicable policies, including without limitation the TikTok Shop Creator Eligibility Policy. We may also invite you to be our Affiliate at our sole discretion.
We reserve the right to deny any application to serve as our Affiliate and dismiss any Affiliate for any reason, at any time, with or without notice. You understand and agree that you are strictly prohibited from serving as our Affiliate if: (i) you do not meet any of the foregoing criteria; (ii) your role as our Affiliate would violate any legal obligation you owe to a third party or other applicable law; or (iii) you fail to adhere to or comply with these Affiliate Terms or any part thereof.
4. affiliate representations, warranties, and covenants
By serving as our Affiliate, you represent, warrant, and agree:
- You will provide and perform Affiliate Services to Nutra Harmony's satisfaction, as needed or requested by Nutra Harmony, and in a first-class, skillful, appropriate, reasonable, and competent manner, exercising due and customary professional care at all times.
- Your rendition of Affiliate Services is in your capacity as an independent contractor. Nothing contained in these Affiliate Terms, and no course of dealing between us, shall be construed as establishing an employment, a partnership, or a joint venture relationship between you and Nutra Harmony. As such, you shall not have any right to bind Nutra Harmony to any commitment or obligation of any kind, and any such attempted commitment shall be deemed null and void.
- You will not render any Affiliate Services on any platform that we have not approved or that are otherwise unlawful, including but not limited to platforms that infringe on the intellectual property rights of any third party, contain malware, or promote illegal activities, violence, obscenity, harassment, or discrimination.
- You may not and will not engage any "sub-affiliates" or other third parties to provide any Affiliate Services, participate in any Program, or otherwise fulfill any obligation under these Affiliate Terms on your behalf. No one may participate in any Program or serve as an Affiliate without our approval.
- You may not and will not market toward minors, target minors, or knowingly collect information from minors.
- You will not render any Affiliate Services by emailing, texting, or calling any consumer, or sending unsolicited messages (i.e., direct or instant messages) to social media users, unless Nutra Harmony has given its prior written consent for and explicitly approved such action. For the avoidance of doubt, "liking" or responding to a follower's comment on social media does not violate this provision, provided your response complies with these Affiliate Terms.
- You have read, understand, accept, and will comply with any and all Federal Trade Commission ("FTC") guidance related to advertising and endorsements, including but not limited to the FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising and Disclosures 101 for Social Media Influencers, as may be modified from time to time or hereinafter created (collectively, "FTC Guides"). This includes making certain disclosures in accordance with the FTC Guides.
- Any content or materials that you create to provide or perform the Affiliate Services, including but not limited to any text, posts, statements, photographs, videos, or other user-generated content (collectively, "Affiliate Content") will be wholly original and created by you; will not infringe upon any copyright, trademark, patent, right of publicity or privacy, or any other proprietary rights of any person or entity; and will be true and accurately reflect your honest opinions and experiences. You will not use generative AI (i.e., ChatGPT, DALL-E, Midjourney, etc.) for the creation of any Affiliate Content without the prior express written consent of Nutra Harmony.
- In the event that any Affiliate Content is discovered, at any time, to have been created in whole or in part using artificial intelligence or generative AI tools without Nutra Harmony's prior written consent, you shall be solely and exclusively liable for: (i) any enforcement action, investigation, fine, or penalty brought by the Federal Trade Commission or any other regulatory authority arising from Nutra Harmony's use or promotion of such content; (ii) any third-party intellectual property claims arising from AI training data or outputs contained in such content; (iii) any platform violations, content removal actions, or account penalties imposed by TikTok or any other platform in connection with such content; and (iv) any damages, costs, or expenses incurred by Nutra Harmony as a result of relying on your representation that such content was not AI-generated. This indemnification obligation shall survive termination of these Affiliate Terms and shall apply regardless of whether Nutra Harmony has already used, published, or incorporated such content into paid advertising or other promotional materials.
- If we provide any Products to you, you will use those Products only in connection with the Affiliate Services or for your own personal use. You will not resell such Products to any third parties, or use such Products as promotional items in giveaways, contests, or sweepstakes, without our prior written approval.
- You have the right, power, and authority to agree to these Affiliate Terms, and that neither your agreement to the Affiliate Terms, nor the performance of any Affiliate Services by you, will conflict with or result in a breach of the terms, conditions, or provisions of, or constitute a default under, any contract, covenant, or instrument under which you are now or hereinafter become obligated.
- You will not dishonestly disparage or make any false, misleading, or otherwise defamatory comment(s) about Nutra Harmony or our employees, agents, directors, officers, affiliates, or Products.
- You will comply with all applicable federal, state, and local laws, rules, regulations, administrative guidelines, orders, and ordinances related to the transactions contemplated by these Affiliate Terms, including but not limited to all privacy and data security laws, and the terms and conditions of all applicable third-party websites, platforms, or applications, such as Instagram, TikTok, and YouTube.
- You have read, understand, and will comply with our Affiliate Marketing Guidelines (the "Affiliate Guidelines").
- You will adhere to all policies and procedures of Nutra Harmony with respect to professional behavior and overall conduct.
- Nutra Harmony has the right to have final review and approval of all Affiliate Content and may require you to modify or take down any Affiliate Content at any time. You will comply with any such request by Nutra Harmony immediately.
- You will only make truthful, non-misleading statements about the performance and attributes of our Products. You will not use any products, filters, or editing techniques that materially misrepresent or artificially enhance the appearance of how our Products perform.
- If you have received a Product sample at no cost, you will verbally and visually disclose that receipt of a free product from Nutra Harmony, including with "Gifted by Nutra Harmony" as a text overlay in a clear and conspicuous manner, or as otherwise directed by us.
4. compensation
In exchange for your provision of Affiliate Services, you will be eligible to earn commissions. Commissions will be based on the amount of Product sales generated by your Affiliate Content, may vary for each of our Products, and will be paid to you within a reasonable period of time.
You understand and agree that we may change the rate of any commission at our sole discretion from time to time; however, commissions will not be paid for any Product sales effectuated by dishonest, fraudulent, deceptive, misleading, or otherwise unlawful means. We do not make any representation, warranty, or covenant regarding the amount of commission income you can expect at any time in connection with the Program, and we will not be liable for any actions you undertake based on your expectations.
5. nutra harmony's intellectual property
You acknowledge and agree that our intellectual property, including without limitation all patents, trademarks, copyrights, trade secrets, and other confidential or proprietary rights ("Nutra Harmony IP"), is the sole and exclusive property of Nutra Harmony or our licensors. As an Affiliate you are granted a limited, temporary, revocable license to use the Nutra Harmony IP in connection with performing your role as an Affiliate subject to the terms and conditions of these Affiliate Terms. No Affiliate shall acquire any ownership interest in any Nutra Harmony IP. Any goodwill derived from any use of Nutra Harmony IP inures to the benefit of Nutra Harmony or its licensors.
Except where expressly granted, if you acquire any rights to any Nutra Harmony IP (for example, by fulfilling any of your obligations under these Affiliate Terms), you shall be deemed to have assigned such rights to Nutra Harmony or its licensors without further action by you or us. You shall use the Nutra Harmony IP solely to perform the Affiliate Services contemplated under these Affiliate Terms and only in accordance with such terms and our instructions. Upon the expiration or termination of these Affiliate Terms, or as otherwise indicated in writing by us, any license you may have with respect to any Nutra Harmony IP is immediately revoked.
6. grant of license by affiliate; ownership of affiliate content
In exchange for the good and valuable consideration conferred to you under these Affiliate Terms, you agree to and hereby irrevocably assign, transfer, and convey to Nutra Harmony all right, title, and interest — including all intellectual property rights — in and to any and all Affiliate Content created by you in connection with the Affiliate Services. For the avoidance of doubt, Nutra Harmony shall own outright all Affiliate Content from the moment of its creation. You acknowledge that all Affiliate Content constitutes a "work made for hire" to the maximum extent permitted by applicable law, and to the extent any Affiliate Content does not qualify as a work made for hire, you hereby irrevocably assign all rights therein to Nutra Harmony without further action required.
In addition to the foregoing assignment, and to the extent any rights in Affiliate Content cannot be assigned under applicable law, you agree to and hereby grant Nutra Harmony the irrevocable, worldwide, royalty-free, fully-paid up, non-exclusive, perpetual, sublicensable, and otherwise unlimited right and license to use, reproduce, post, share, distribute, publicly display, publicly perform, create derivative works from, modify, digitize, advertise, and publish your name, nickname, social media handles, voice, video or film portrayals, photograph, likeness, image, and any other means by which you may be recognized (collectively, "Likeness"), as well as any content or materials that may incorporate your Likeness, such as Affiliate Content (collectively, "Promotional Materials"), in connection with Nutra Harmony's business, marketing, and promotion, in any and all media now known or hereafter devised, including in paid media.
You hereby waive any right to inspect or approve any use of, or changes to, any Affiliate Content or your Likeness incorporated therein. You further waive any moral rights or rights of attribution with respect to all Affiliate Content to the maximum extent permitted by applicable law.
Nutra Harmony shall have the right to use, license, sublicense, sell, or otherwise exploit Affiliate Content in any manner and for any purpose, including in connection with third-party advertising, without any additional compensation, consent, or notice to you. Nutra Harmony shall have no obligation to remove, take down, or disable access to Affiliate Content posted or otherwise used by Nutra Harmony or any third party to whom Nutra Harmony has licensed or transferred such content.
7. release
In exchange for the good and valuable consideration conferred to you under these Affiliate Terms, you hereby release and hold harmless Nutra Harmony, along with its affiliates, officers, directors, employees, subsidiaries, agents, representatives, and assigns from any and all claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, foreseeable or unforeseeable, arising out of or in any way connected to any dispute between you and any third party (including but not limited to TikTok, Meta, or YouTube) related to your provision of Affiliate Services or the performance of your obligations under these Affiliate Terms.
Affiliate is aware of and understands the provisions of California Civil Code Section 1542 ("Section 1542"), which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Affiliate expressly, knowingly, and intentionally waives any and all rights, benefits, and protections of Section 1542 and of any other state or federal statute or common law principle limiting the scope of a general release.
Further, Affiliate agrees not to sue Nutra Harmony, or to cause Nutra Harmony to be named as a party or participant in any action, suit, or proceeding, in connection with any dispute between Affiliate and any third party, including any platform on which Affiliate renders the Affiliate Services.
8. indemnification
You, on behalf of yourself and your successors, assigns, and heirs, agree to indemnify, defend, and hold Nutra Harmony, along with its affiliates, officers, directors, employees, subsidiaries, agents, representatives, and assigns, harmless from and against any and all third-party claims, suits, or demands, and all investigatory or enforcement proceedings of any governmental authority, and all losses, liabilities, damages, expenses, and costs incurred as a result of the investigation, response, or defense of any such claims or proceedings, including attorneys' fees and court costs, arising out of or in any way related to your: (i) provision of the Affiliate Services hereunder; (ii) creation, display, ownership, assignment, or use of any Affiliate Content; (iii) actual or alleged violation of any applicable law; (iv) negligence or misconduct; or (v) failure to comply with any of these Affiliate Terms (including the Affiliate Guidelines) as may be amended from time to time. We shall provide you with prompt written notice of any claim and reasonably cooperate with you in the defense of such claim, at your sole expense. You may not settle any potential suit hereunder without our prior written approval.
9. limitation of liability
IN NO EVENT SHALL NUTRA HARMONY BE LIABLE TO YOU UNDER THESE AFFILIATE TERMS FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOSS OF BUSINESS OPPORTUNITIES, DAMAGE TO GOODWILL OR REPUTATION, AND COSTS OF COVER, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. OUR ENTIRE AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THESE AFFILIATE TERMS WILL BE LIMITED TO AN AMOUNT EQUAL TO THE COMPENSATION PAID TO YOU BY US PURSUANT TO THESE AFFILIATE TERMS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. ANY CLAIMS MADE BY YOU PURSUANT TO THIS SECTION MUST BE MADE WITHIN ONE YEAR OF THE INCIDENT TO WHICH THEY RELATE OR FOREVER BE BARRED. THIS SECTION SHALL SURVIVE THE TERMINATION OF THESE AFFILIATE TERMS.
10. confidentiality
During the Term and at all times thereafter, you agree that you will not make use of our Confidential Information for purposes other than the performance of your obligations under these Affiliate Terms. You shall further protect our Confidential Information by using the same degree of care you use to protect your own information, but no less than a reasonable degree of care. You also agree not to disclose or provide any Confidential Information to any third party and to take all necessary measures to prevent any such disclosure. For purposes of these Affiliate Terms, "Confidential Information" means information about or related to Nutra Harmony that is not generally available to the public which may be provided to you by us or which you have access to or discover in the performance of your obligations under these Affiliate Terms, whether in oral, tangible, electronic, or other form. All Confidential Information shall remain the property of Nutra Harmony.
For the avoidance of doubt, Confidential Information does not include any information that: (a) was rightfully known to you prior to disclosure by us; (b) is rightfully obtained by you from a third party which is under no duty of confidentiality to Nutra Harmony; (c) is made available by Nutra Harmony to the public without restrictions; (d) is disclosed by you with prior written permission from us; (e) is independently developed or learned by you through legitimate means; or (f) is disclosed pursuant to any applicable laws, regulations, or order of a court of competent jurisdiction. You must provide reasonable prior notice to us, unless prohibited by applicable law, if you are required to disclose any of our Confidential Information under operation of law.
11. term and termination
These Affiliate Terms shall commence as of the Effective Date set forth above and continue until you decide to stop serving as an Affiliate and provide us with written notice of this decision at [affiliates@nutraharmony.com], or until we terminate these Affiliate Terms and subsequently our relationship with you, whichever is earlier (the "Termination Date"). We may terminate these Affiliate Terms and our relationship with you at any time, for any reason, with or without notice.
If we terminate these Affiliate Terms without cause, we will pay any commissions that you have earned or accrued before the Termination Date (collectively, "Earned Commission") to you within a reasonable period of time. You understand and agree that you are not eligible for, and we are not obligated to provide, any commissions or other compensation for any Product sales generated by any of your Affiliate Content after the Termination Date. Payment of your Earned Commission fully satisfies our legal obligations to you upon termination of these Affiliate Terms.
However, if we terminate these Affiliate Terms for cause, you understand and agree that we will have no further liability or obligation to you, including with respect to payment of any compensation, whether such compensation is Earned Commission or otherwise.
We may immediately terminate these Affiliate Terms for cause if you: (i) violate any applicable law, rule, regulation, or ordinance, including without limitation any FTC regulations specifically addressing endorsement activity; (ii) otherwise materially breach any provision, warranty, or representation of these Affiliate Terms; (iii) commit or are alleged to have committed any criminal act or other act involving moral turpitude, drugs, or felonious activities; (iv) 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 which reflects unfavorably upon Nutra Harmony or reduces the commercial value of Nutra Harmony's association with you; (v) have conducted yourself in the past in a manner described in (iii) or (iv) that becomes public; (vi) become involved or associated with an event or circumstance caused by your immediate family members or others closely associated with you which reflects unfavorably upon Nutra Harmony; or (vii) take any action or make or authorize statements deemed by Nutra Harmony to be in derogation of the company or its goods or services and such actions or statements become public during the term of these Affiliate Terms. Any of the acts described above will be deemed a material breach of these Affiliate Terms, and Nutra Harmony shall not be liable for any payment due to you in the event of such a breach.
Upon termination for any reason, all licenses granted by Nutra Harmony to you shall immediately terminate. Nutra Harmony's ownership of all Affiliate Content and the licenses granted by you to Nutra Harmony shall survive termination indefinitely.
12. right to monitor
We reserve the right to conduct a review of the materials you post on any social media platform and any public data available about you at any time. We reserve the right at all times to require you to edit, take down, or otherwise remove your content in our sole discretion. You shall immediately modify, remove, or discontinue, as we shall determine in our sole discretion, any content about us, and any other references to us, upon our notification to you.
13. arbitration, choice of law, and venue
Any dispute, claim, or controversy arising out of or relating to these Affiliate Terms, including the determination of the scope or applicability of this agreement to arbitrate, shall be submitted to and settled exclusively by binding arbitration, in accordance with the provisions of this section. Binding arbitration shall be conducted in accordance with the American Arbitration Association's rules (the "AAA Rules"). Arbitration shall be held in Laramie County, Wyoming, before an arbitrator selected pursuant to the AAA Rules who shall have no personal or pecuniary interest, either directly or indirectly, from any business or familial relationship with either of the Parties. The arbitrator(s) shall be bound to adjudicate all disputes in accordance with the laws of the State of Wyoming. All decisions of the arbitrator will be final, binding, and conclusive on the Parties.
This arbitration clause shall not prohibit either party from seeking or obtaining injunctive relief in any court of competent jurisdiction or other preliminary relief in aid of arbitration.
BY AGREEING TO THESE AFFILIATE TERMS, YOU AND WE AGREE TO WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL. ADDITIONALLY, UNLESS YOU AND WE AGREE OTHERWISE, YOU AND NUTRA HARMONY MAY BRING CLAIMS AGAINST ONE ANOTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL PROCEEDING. TO THE EXTENT AVAILABLE BY LAW, AND SUBJECT TO THE DAMAGE LIMITATIONS DISCUSSED HEREIN, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR, AND FOR THE BENEFIT OF, THE INDIVIDUAL PARTY SEEKING RELIEF.
All costs and expenses, including reasonable attorneys' fees and experts' fees, incurred in any dispute that is determined and settled by arbitration or some other proceeding pursuant to these Affiliate Terms shall be borne by the party determined to be liable in respect to such dispute; provided, however, that if complete liability is not assessed against only one party, then you and Nutra Harmony will share the total costs in proportion to our respective amounts of liability so determined. Except where clearly prevented by the area in dispute, you and we agree to continue performing our respective obligations under these Affiliate Terms until the dispute is resolved.
If it is determined that arbitration is not permitted, has been waived, or is otherwise unavailable, then the jurisdiction and venue for any action or proceeding arising out of or related to these Affiliate Terms shall be an appropriate state or federal court located in Laramie County, Wyoming. You and we hereby submit to the personal jurisdiction of the State of Wyoming and the jurisdiction and venue of said courts. You and we further agree that the laws of the State of Wyoming, without regard to the principles of conflict of laws, shall govern these Affiliate Terms and any dispute, claim, or controversy that has arisen or may arise related to these Affiliate Terms.
14. miscellaneous terms
These Affiliate Terms, along with any exhibits, attachments, and other terms, policies, and guidelines incorporated herein, constitute the entire agreement between you and Nutra Harmony with respect to their subject matter and supersede any prior agreements or communications between you and us, whether written, oral, or electronic, relating hereto. No representation, inducement, or promise has been made or relied upon by either you or us in entering into this arrangement other than as specifically set forth herein.
Headings in these Affiliate Terms are included for reference only and shall have no effect upon the construction or interpretation of any part of these Affiliate Terms. You may not assign any of your respective rights or delegate any of your obligations under these Affiliate Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. These Affiliate Terms only benefit you and Nutra Harmony and our respective permitted successors and assigns. Nothing in these Affiliate Terms confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever.
In the event that any provision of these Affiliate Terms is deemed to be invalid, illegal, or otherwise unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Affiliate Terms will continue in full force and effect. The failure of Nutra Harmony to enforce any term or condition set out in these Affiliate Terms shall not be deemed a waiver of such term or condition or a waiver of any other term or condition.
Any provisions that, by their nature, are intended to survive shall survive any termination of these Affiliate Terms, including but not limited to the confidentiality provisions, content ownership and assignment provisions, indemnification provisions, limitation of liability provisions, and arbitration provisions described herein.
15. contact us
If you have any questions regarding these Affiliate Terms or about being our Affiliate, you may contact us at [affiliates@nutraharmony.com].
16. nutra harmony affiliate marketing guidelines
These Affiliate Marketing Guidelines (the "Guidelines") must be adhered to pursuant to the Affiliate Terms and Conditions above between Wellintone Corp dba Nutra Harmony and any affiliate promoter, endorser, or marketer (each "Affiliate") of Nutra Harmony's goods or services (collectively, "Products"). All capitalized terms not otherwise defined herein shall have the same meanings as set forth in the Affiliate Terms.
In accordance with the Affiliate Terms, Affiliates must always comply with all existing laws and regulations and these Guidelines. If you have reason to believe an Affiliate is not in compliance with these Guidelines, please contact us immediately at [affiliates@nutraharmony.com] with sufficient detail for us to address the issues raised.
Use of Disclosures
To ensure that Affiliates and Nutra Harmony comply with the law, Affiliates must include appropriate disclosures in all Affiliate Content. If the platform where the Affiliate Content is posted does not provide for a clear and conspicuous disclosure of the incentivized nature of the content via built-in tools (which Affiliate must enable and use), Affiliate Content must include sufficient disclosure in the form of one or more of the following:
- If the Affiliate Content is an image or video, the word #AD may be superimposed on the image or video where it can be clearly and conspicuously seen by consumers. In video Affiliate Content, the #AD or similar disclosure must be visible for the entirety of the video and cannot appear only at the beginning or end.
- If Affiliate Content contains audio, Affiliates should verbally disclose their relationship with Nutra Harmony and that the audio is a paid advertisement at the beginning of the audio — for example, by saying "I'm a paid Affiliate of the supplement brand Nutra Harmony, and this is a sponsored advertisement."
- Whether Affiliate Content is visual or audible in nature, if the content is a social media post or otherwise on a platform where text can be written alongside the content, the Affiliate Content should be accompanied by a caption, and the words #Nutra HarmonyAffiliate, #ad, and #paid should appear in the caption separate from other hashtags. These disclosures must not appear so far down any caption that a consumer would need to expand the caption in order to see them.
Affiliates should focus on placement, proximity, and prominence of the disclosure so consumers will notice it in connection with the triggering claim on every platform and device the Affiliate Content will run on. Disclosures should be made unavoidable and should not be placed in a hyperlink or on a separate page from the relevant Affiliate Content. Affiliates must follow the disclosure requirements for any and all Affiliate Content they make, even if disclosures were already made in previously created Affiliate Content, as consumers may not always see prior Affiliate Content.
Affiliate Content Requirements and Other Rules
In addition to making the foregoing disclosures, Affiliates must also comply with the following rules and requirements when producing Affiliate Content or providing Affiliate Services:
- All social media posts must tag Nutra Harmony's official handle (or the then-current official Nutra Harmony handle as communicated to you in writing).
- Affiliate Content must be truthful and only reflect an Affiliate's honest and current opinions and beliefs based on the Affiliate's personal experience. Affiliates will not endorse Products they have not personally used.
- Affiliates may not make any false, deceptive, or misleading claims. While Affiliates may share their opinions about Products, they must not make factual claims about any Products unless Nutra Harmony has given prior written approval for the factual claim. These rules also apply to implied or indirect claims.
- Nutra Harmony's products are all offered subject to the following disclaimer under US FDA regulations: "These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease. The views and nutritional advice expressed are not intended to be a substitute for conventional medical service. Individual results may vary." Affiliates must not make any claims either express or implied that would contradict or be inconsistent with this statement. Affiliates must not make medical claims or present themselves as providing medical advice. Affiliates must not make claims that Nutra Harmony's products treat, cure, or prevent any specific medical condition, including but not limited to claims related to hormonal imbalances, gastrointestinal disorders, metabolic conditions, or any other health condition. If an Affiliate has any doubt about whether a claim is false, misleading, deceptive, or otherwise unlawful, the claim may not be made.
- Affiliate Content must not: (a) be defamatory, libelous, abusive, vulgar, hateful, harassing or threatening, obscene, or offensive, or dishonestly disparage other people or entities; (b) endorse any form of hate or hate group; (c) be profane or pornographic, sexually oriented, explicit, or suggestive; (d) be unnecessarily violent, discriminatory, or derogatory of any group; (e) promote alcohol, illegal drugs, tobacco, or firearms/weapons; (f) promote any activities that may be construed as unsafe or dangerous; (g) promote any particular political agenda or message; or (h) violate any applicable law.
- In addition, other content made by the Affiliate, even if not related to Nutra Harmony, must not violate these rules. Nutra Harmony reserves the right to terminate an Affiliate if the Affiliate's content or social media presence contains any material Nutra Harmony deems undesirable.
- Affiliates may not email, text, or call consumers or send unsolicited messages (i.e., direct or instant messages) to social media users to provide Affiliate Services, unless Nutra Harmony has given its prior written consent for and explicitly approved such action. This does not prevent the Affiliate from interacting with comments on or interactions with the Affiliate's own posts, provided the Affiliate's interactions do not otherwise violate these Guidelines or the Affiliate Terms.
- Affiliates must at all times respect the intellectual property of others, including any and all copyright, trademark, patent, and other rights, such as the right of publicity. Accordingly, Affiliate Content may not incorporate any third-party content or materials that have not been cleared for use by Nutra Harmony, including but not limited to third-party artwork, images of celebrities, "memes", music, and other materials that were not created by the Affiliate. Affiliates may, however, incorporate music from TikTok's Commercial Music Library or Meta's Sound Collection into Affiliate Content posted on TikTok or Instagram.
- Affiliates will not use artificial intelligence or generative AI tools (including but not limited to ChatGPT, DALL-E, Midjourney, or similar tools) to produce Affiliate Content unless preapproved in writing by Nutra Harmony. If Affiliate Content is later found to have been AI-generated without consent, the Affiliate shall be solely liable for all resulting regulatory, legal, and platform consequences, including any that arise from Nutra Harmony's subsequent use of such content in advertising or paid media.