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Affiliate Terms and Conditions
The following Affiliate Program Terms & Conditions (the “Agreement”) govern your participation in the NRG BioLabs Affiliate Program (the “Program”). By applying to or participating in the Program, you agree to be bound by this Agreement and our Website Terms of Use and Privacy Policy.
1.1 The Program is operated by NRG BioLabs (“NRG BioLabs”, “we”, “us”, or “our”), a company based in the State of California.
1.2 You (“Affiliate”, “you”, or “your”) represent and warrant that:
- You are at least 18 years old.
- You have the full power and authority to enter into this Agreement.
- If you represent a business, you are duly authorized to bind that entity.
1.3 We reserve the right to approve, reject, or remove any Affiliate from the Program at our sole discretion, with or without cause.
2.1 To join the Program, you must submit an application through our website or designated signup form.
2.2 You agree to provide accurate and complete information in your application and to keep your contact, payment, and tax information up to date at all times.
2.3 We may reject or terminate applications or accounts that:
- Promote illegal, hateful, discriminatory, or sexually explicit content.
- Promote misleading or unsubstantiated health or medical claims.
- Conflict with our brand values or regulatory obligations.
3.1 You participate in the Program as an independent contractor. Nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and NRG BioLabs.
3.2 You have no authority to make or accept any offers or representations on our behalf.
4.1 Once accepted, you will receive access to unique tracking links, codes, or other tracking tools (collectively, “Affiliate Links”) to promote eligible NRG BioLabs products.
4.2 We will track referrals using industry-standard methods such as cookies and/or server-side tracking. Our current cookie window is 30 days from the initial click, subject to change with notice.
4.3 At present, commissions are attributed on a [last-click/first-click] basis. If more than one Affiliate is associated with a transaction, the commission will be credited according to this rule.
4.4 A “Qualified Purchase” is an order that:
- Is placed by a customer who arrived via your Affiliate Link or assigned coupon.
- Is paid in full and not flagged as fraudulent or high-risk.
- Is not canceled, refunded, or charged back within the applicable return or chargeback window.
4.5 We are not liable for tracking failures, including but not limited to users disabling cookies, using ad blockers, clearing cookies, or technical issues beyond our reasonable control.
5.1 Commission rates are currently 15% but may vary by product, campaign, or Affiliate and will be communicated in your affiliate dashboard, onboarding materials, or specific written offers. We may offer flat or percentage-based commissions and may adjust these prospectively with notice.
5.2 Commissions are “pending” until the end of a minimum validation period of 30 days after a Qualified Purchase to account for refunds, fraud checks, and chargebacks. After this period, valid commissions become “approved.”
5.3 Payouts are processed on a monthly basis for accounts with at least $1.00 in approved commissions as of the end of the prior payout cycle.
5.4 Payout methods may vary and may include, for example, PayPal, bank transfer, store credit, or other methods we make available from time to time. The available payout options will be displayed in your affiliate account or communicated separately. You are responsible for any fees charged by the payment provider or your financial institution.
5.5 If a purchase is refunded, charged back, or deemed invalid, we may:
- Deduct the associated commission from future payments, or
- Invoice you for any overpaid amounts, which you agree to repay promptly.
5.6 NRG BioLabs may modify commission rates, structures, bonuses, payout thresholds, or payout schedules at any time for future transactions, with reasonable notice via email or in-dashboard notification. Your continued participation following such notice constitutes acceptance of the changes.
5.7 Affiliates earning $600 or more in one calendar year must provide a valid IRS Form W-9. Failure to do so will result in suspension of commission payments.
6.1 You agree NOT to engage in any of the following:
- Spamming, including unsolicited email, messages, or comments that violate CAN‑SPAM or similar laws.
- Cookie stuffing, forced clicks, or any method that sets cookies or fires tracking pixels without a genuine, intentional user click.
- Use of adware, spyware, browser extensions, or toolbars that auto-insert Affiliate Links.
- Misleading or deceptive advertising, including false scarcity, fake reviews, or fabricated testimonials.
6.2 Paid Advertising and Keywords:
- You may not bid on our brand name “NRG BioLabs,” our product names, or misspellings thereof in search engine marketing or similar keyword-based advertising, unless explicitly authorized in writing.
- You may not use our brand name in your ad’s display URL or represent yourself as NRG BioLabs.
6.3 Domain and Social Handles:
- You may not register domains or social media handles that contain our trademarks or are confusingly similar to our brand.
6.4 Self-referrals and Discount Misuse:
- You may not use your own Affiliate Links or codes to purchase products for yourself or your immediate household, unless we expressly permit it in writing.
- You may not promote “coupon-only” or “deal” content that misrepresents the availability of coupons or discounts.
7.1 Our products are not intended to diagnose, treat, cure, or prevent any disease unless explicitly stated and supported by appropriate regulatory approvals. You must not make any express or implied disease treatment or medical claims about our products.
7.2 You may only use product descriptions, benefits, and claims that are:
- Provided or explicitly approved by NRG BioLabs; and
- Supported by appropriate scientific or regulatory substantiation.
7.3 You must not:
- Claim that our products cure, treat, or prevent specific diseases or conditions.
- Exaggerate results or imply guaranteed outcomes.
- Present anecdotal experiences or testimonials as universal or typical results.
7.4 We reserve the right to require immediate removal or correction of any content that we reasonably believe violates health‑claims regulations, advertising standards, FTC guidance, or this Agreement.
8.1 You must comply with all applicable laws, regulations, and industry guidelines, including but not limited to the Federal Trade Commission (FTC) endorsement and testimonial guidelines.
8.2 You must clearly and conspicuously disclose your affiliate relationship with NRG BioLabs in any content where you promote our products, such as:
- “I may earn a commission if you purchase through my link.”
- “This post contains affiliate links, and I may receive a commission from qualifying purchases.”
8.3 Disclosures must be:
- Close to the Affiliate Link or endorsement (not hidden in a footer or separate page).
- Easy to read and understand, using plain language.
- Visible on all devices, including mobile.
8.4 You are solely responsible for ensuring your promotional activities comply with applicable advertising, consumer protection, privacy, and data protection laws in your jurisdiction.
9.1 We grant you a limited, non‑exclusive, non‑transferable, revocable license to use our approved trademarks, logos, banners, and marketing materials solely in connection with your participation in the Program and in accordance with this Agreement.
9.2 You may not:
- Modify our logos or trademarks without prior written consent.
- Use our trademarks in your company name, domain name, or social media handle.
- Suggest or imply that you are NRG BioLabs or that your site is an official NRG BioLabs site.
9.3 All rights not expressly granted to you in this Agreement are reserved by NRG BioLabs.
10.1 We may provide you with access to non‑public information such as performance statistics, dashboards, and customer metrics related to your referrals (“Confidential Information”). You agree to keep this information confidential and use it solely for Program participation.
10.2 You must handle any personal data you collect (e.g., email subscribers) in compliance with applicable privacy and data protection laws, including GDPR/CCPA where applicable, and implement reasonable security measures to protect such data.
10.3 Our tracking and data practices are described in our Privacy Policy, which is incorporated by reference into this Agreement.
11.1 This Agreement begins on the date we approve your application and continues until terminated by either party.
11.2 You may terminate your participation at any time by contacting us in writing or via the affiliate dashboard.
11.3 We may terminate or suspend your participation at any time, with or without cause, including but not limited to:
- Violation of this Agreement or our policies.
- Violation of applicable laws or regulations.
- Fraud, abuse, or suspected fraudulent activity.
11.4 Upon termination:
- All licenses granted to you under this Agreement will immediately cease.
- You must remove all Affiliate Links and our branded materials from your sites, channels, and communications.
- Subject to our rights regarding fraudulent or invalid activity, we will pay any remaining approved commissions that meet the payout threshold in the next regular payout cycle.
11.5 We may update or modify this Agreement at any time. We will notify you by email, dashboard notice, or by posting the revised version with an updated “Last Updated” date. Your continued participation after such notice constitutes acceptance of the modified terms.
12.1 To the maximum extent permitted by law, NRG BioLabs will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or relating to this Agreement or the Program, even if we have been advised of the possibility of such damages.
12.2 Our aggregate liability to you for any claims arising out of or related to the Program will not exceed the total commissions paid or payable to you under this Agreement in the twelve (12) months preceding the event giving rise to the claim.
13.1 You agree to indemnify, defend, and hold harmless NRG BioLabs, its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your participation in the Program.
- Your promotional activities, content, or representations about our products.
- Your breach of this Agreement or violation of any law or regulation.
14.1 This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.
14.2 Any disputes arising out of or relating to this Agreement or the Program will be resolved through good‑faith negotiations, and if not resolved, then through mediation in Riverside County, California, unless otherwise required by applicable law.
15.1 This Agreement constitutes the entire agreement between you and NRG BioLabs regarding the Program and supersedes all prior or contemporaneous agreements or communications.
15.2 If any provision of this Agreement is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
15.3 Our failure to enforce any right or provision of this Agreement will not constitute a waiver of that right or provision.
15.4 You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may assign this Agreement at any time without notice.
