General Terms
This Agreement is by and between affiliate (“Affiliate”) and Nushape, LLC or its subsidiaries (collectively or individually, as applicable, the “Company”)CurrencyFinancial transactions covered by this Agreement will be processed in the USD currency. Currency exchanges will occur when you or your partner(s) have set a different default currency in account settings.Change Notification PeriodThe Agreement can be changed or cancelled with 1 day(s) notification by Company to the AffiliateReversal PolicyReversal of performance advertising actions are decided by Company governed by a max reversal percentage of 100%Affiliate Tracking PixelCompany does NOT allow Affiliate to fire their tracking pixel when the consumer action is completed.Company Special Ts&Cs - Apr 20201. Federal Trade Commission (FTC) GuidelinesAs an Affiliate, you expressly agree and acknowledge that you have read and understood and will fully comply with all applicable FTC rules and regulations, including without limitation the FTC.com disclosure guidelines.In accordance with FTC requirements, you must disclose, in a clear and conspicuous manner, that you have a material connection with Company as a sponsor or paid affiliate. The disclosure must be prominent in size and color and easily legible, and close enough to the claims that it can be easily read by the consumer. As a paid affiliate, you are legally responsible to disclose your connection with Company with the following disclaimer:Disclaimer Copy: (Affiliate Name) is a paid affiliate of (Company Name).No Affiliate website shall include any content or marketing element that includes a review or statement about any of Company’s products or services without Company’s prior written approval. Company shall have sole discretion whether to provide such approval. Any such approval shall be subject to the FTC’s disclosure requirements.It is imperative that you comply with the FTC’s requirements because failure to do so may expose you and Company to potentially liability. Failure to comply with these terms is a material breach of this Agreement and subjects the Affiliate to potential termination of services as an Affiliate, among other things.2. No Transfer of Savings to ConsumersIn participating in Company’s Affiliate program, you agree and acknowledge that any payments you receive from Company as an Affiliate must not be passed on to consumers or in any way translated into monetary or pecuniary benefits (including, but not limited to, as savings, discounts, cashback payments, etc.) for consumers. You may offer loyalty points to customers who purchase through your Affiliate link, only if you have obtained written permission from Company in advance to any such offering.3. WebsiteCommission will be paid only on orders generated through nushape.com, as applicable, through the affiliate links we provide to you. Affiliate will be paid on a last click basis only for each purchase of through nushape.com and in accordance with any additional Company terms.4. Privacy and Compliance with LawsInternet consumer privacy is of paramount importance to Company. As a result, Affiliate must clearly post on its website an easy to understand privacy policy that is in compliance with all United States Federal Trade Commission Guidelines, and all other applicable international, national, state and local laws, rules, regulations and codes of practice with respect to online privacy. To the extent Affiliate collects, stores, uses and processes any personally identifiable information, such activity must be done in compliance with all applicable international, national, state and local laws, rules, regulations and codes of practice, including but not limited to the California Consumer Privacy Act and the General Data Protection Regulation.Affiliate shall comply with all applicable laws, rules and regulations, and shall not send UCE, commonly referred to as “Spam” to customers.5. Prohibited Placements(a) You are prohibited from placing or utilizing any ads or Company links on any website that a reasonable person would conclude noticeably contains or promotes:(i) profanity, sexually explicit materials, hate material, promotion of violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or family status, or any other materials deemed unsuitable or harmful to the reputation of Company in Company’s sole discretion;(ii) piracy of software or other content, hacking, phreaking, emulators, ROM’s, or illegal streaming or MP3 activity;(iii) illegal activities, deceptive practices or violations of the intellectual property or privacy rights of others;(iv) personal web pages, non-English language pages, Websites under construction or without content, free hosted pages (e.g., Geocities, Tripod, Talk City, or anything similar); or(v) activities generally understood as Internet abuse, including but not limited to the sending of unsolicited bulk electronic mail or the use of spyware.(b) You are prohibited from:(i) incentivizing or offering points, rewards, cash or prizes for the action of any individual who may see or receive any ad;(ii) placing misleading statements near an ad (e.g., “You will win $5,000”) or falsely suggest a link between Company and any third-party, or any third party product or service;(iii) posting any ads using an unauthorized host;(iv) serving ads, or driving traffic to ads, using any downloadable applications;(v) using invisible or hidden methods to generate impressions, clicks, or transactions that are not initiated by the affirmative action of the end-user;(vi) engaging in marketing via facsimile or telemarketing; or(vii) otherwise engaging in any misleading, unfair, illegal or deceptive conduct or violate the email guidelines set forth herein.6. Company Intellectual Property(a) You acknowledge that as between you and Company, Company owns all right, title and interest in and to its various fitness videos, kits, advertising and promotional material, and other products and services, including all intellectual property rights and goodwill in and relating to the same. These rights include, but are not limited to (1) all rights in and related to its trademarks, trade name, trade dress, service marks, symbols, logos, brands, domain names, and designs, (2) all copyright and other rights in and related to its fitness programs and videos, its websites, content and Creatives (and the various components thereof), its nutrition and other guides, its advertisements and marketing and promotional material, its infomercials, and its other works, and (3) all trade secrets relating to any of the above.Appendix A - Special Ts&Cs – Apr 2020 v21. Federal Trade Commission (FTC) GuidelinesAs an affiliate (“Affiliate”), you expressly agree and acknowledge that you have read and understood and will fully comply with all applicable FTC rules and regulations, including without limitation the FTC.com disclosure guidelines.In accordance with FTC requirements, you must disclose, in a clear and conspicuous manner, that you have a material connection with Nushape, LLC (collectively or individually as applicable, the “Company”), and in accordance with any additional Company terms, as a sponsor or paid affiliate. The disclosure must be prominent in size and color and easily legible, and close enough to the claims that it can be easily read by the consumer. As a paid affiliate, you are legally responsible to disclose your connection with Company with the following disclaimer:Disclaimer Copy: (Affiliate Name) is a paid affiliate of (Company Name).No Affiliate website shall include any content or marketing element that includes a review or statement about any of Company’s products or services without Company’s prior written approval. Company shall have sole discretion whether to provide such approval. Any such approval shall be subject to the FTC’s disclosure requirements.It is imperative that you comply with the FTC’s requirements because failure to do so may expose you and Company to potentially liability. Failure to comply with these terms is a material breach of this Agreement and subjects to the Affiliate to, potential termination of services as an Affiliate, among other things.2. No Transfer of Savings to ConsumersIn participating in Company’s Affiliate program, you agree and acknowledge that any payments you receive from Company as an Affiliate must not be passed on to consumers or in any way translated into monetary or pecuniary benefits (including, but not limited to, as savings, discounts, cashback payments, etc.) for consumers. You may offer loyalty points to customers who purchase through your Affiliate link, only if you have obtained written permission from Company in advance to any such offering.3. WebsiteCommission will be paid only on orders generated through nushape.com, as applicable, through the affiliate link we provide to you. Affiliate will be paid on a last click basis only for each purchase of subscription through nushape.com and in accordance with any additional Company terms.4. Privacy and Compliance with LawsInternet consumer privacy is of paramount importance to Company. As a result, Affiliate must clearly post on its Website an easy to understand privacy policy that is in compliance with all United States Federal Trade Commission Guidelines, and all other applicable international, national, state and local laws, rules, regulations and codes of practice with respect to online privacy. To the extent Affiliate collects, stores, uses and processes any personally identifiable information, such activity must be done in compliance with all applicable international, national, state and local laws, rules, regulations and codes of practice, including but not limited to the California Consumer Privacy Act and the General Data Protection Regulation.Affiliate shall comply with all applicable laws, rules and regulations, and shall not send UCE, commonly referred to as “Spam” to customers.5. Prohibited Placements(a) You are prohibited from placing or utilizing any ads or Company links on any website that a reasonable person would conclude noticeably contains or promotes:(i) profanity, sexually explicit materials, hate material, promotion of violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or family status, or any other materials deemed unsuitable or harmful to the reputation of Company in Company’s sole discretion;(ii) piracy of software or other content, hacking, phreaking, emulators, ROM’s, or illegal streaming or MP3 activity;(iii) illegal activities, deceptive practices or violations of the intellectual property or privacy rights of others;(iv) personal web pages, non-English language pages, Websites under construction or without content, free hosted pages (e.g., Geocities, Tripod, Talk City, or anything similar); or(v) activities generally understood as Internet abuse, including but not limited to the sending of unsolicited bulk electronic mail or the use of spyware.(b) You are prohibited from:(i) incentivizing or offering points, rewards, cash or prizes for the action of any individual who may see or receive any ad;(ii) placing misleading statements near an ad (e.g., “You will win $5,000”) or falsely suggest a link between Company and any third-party, or any third party product or service;(iii) posting any ads using an unauthorized host;(iv) serving ads, or driving traffic to ads, using any downloadable applications;(v) using invisible or hidden methods to generate impressions, clicks, or transactions that are not initiated by the affirmative action of the end-user;(vi) engaging in marketing via facsimile or telemarketing; or(vii) otherwise engaging in any misleading, unfair, illegal or deceptive conduct or violate the email guidelines set forth herein.6. Company Intellectual Property(a) You acknowledge that as between you and Company, Company owns all right, title and interest in and to its various fitness videos, kits, advertising and promotional material, and other products and services, including all intellectual property rights and goodwill in and relating to the same. These rights include, but are not limited to (1) all rights in and related to its trademarks, trade name, trade dress, service marks, symbols, logos, brands, domain names, and designs, (2) all copyright and other rights in and related to its fitness programs and videos, its websites, content and Creatives (and the various components thereof), its nutrition and other guides, its advertisements and marketing and promotional material, its infomercials, and its other works, and (3) all trade secrets relating to any of the above.
