This Affiliate Program Agreement (the “Agreement”) is between you and Seller and sets forth the terms and conditions for your participation in the Seller’s affiliate program (the “Affiliate Program”). The Affiliate Program shall be facilitated, at least in part, via a third-party platform company, Levanta Inc. (“Levanta”). The Levanta platform shall be referred to as the “Levanta Platform” herein. In this Agreement, “you” or “your” means the individual or business applying via the Levanta Platform to participate in Seller’s Affiliate Program. In this Agreement, the term “Seller” means the provider (and any of its affiliates) of the Affiliate Program to which you are applying to be a participant.

THE PARTIES UNDERSTAND AND ACKNOWLEDGE THAT NEITHER LEVANTA NOR ANY OF ITS AFFILIATES IS A PARTY TO THIS AGREEMENT.

To apply for and to participate in the Affiliate Program, you must accept this Agreement. By clicking to indicate your acceptance when prompted on the Levanta Platform, you agree to the terms of this Agreement.

1. Eligibility and Enrollment

To be eligible to participate in the Affiliate Program, you must have and maintain in good standing an account on the Levanta Platform. You must ensure that the information in your account and in any application you submit to Seller, including your email address, is at all times accurate and up-to-date. Seller may send notifications, approvals, and other communications relating to the Affiliate Program and the Agreement to the email address then-currently associated with your Levanta Platform account. You will be deemed to have received all notifications sent to that email address.

To enroll in the Affiliate Program, you must submit an application and be approved by Seller. Seller reserves the right to accept or reject your application in its sole discretion. If Seller rejects your application, this Agreement will terminate automatically.

2. Affiliate Links

Once you are enrolled in the Affiliate Program, you will be issued one or more unique affiliate links or URL parameters via the Levanta Platform, which will facilitate tracking of your affiliate referrals, as detailed in the Levanta Terms of Service. It is your responsibility to ensure that you properly format your affiliate links. Affiliate Commissions shall only be paid on sales that are made when the purchaser clicks through properly formatted affiliate links.

3. Commissions

You will receive affiliate commission (“Affiliate Commissions”) from sales completed through your provided affiliate link(s) in such amounts to be determined in reference to Seller’s applicable commission rate schedule then in effect. In addition to all other requirements set forth herein, to be eligible for Affiliate Commissions, a sale must be completed on Amazon.com and recorded by Levanta. In the event of any refund, chargeback, or similar event that results in a sale being rescinded (each, a “Rescinded Transaction”), you shall not be entitled to any Affiliate Commissions for such Rescinded Transaction.

4. Payment

Seller shall pay Affiliate Commissions to you using the payment process enabled by the Levanta Platform. In order to receive payment of Affiliate Commissions, you must have:
(a) agreed to the terms of this Agreement (including by clicking to agree if the option is made available to you on the Levanta Platform); (b) completed all steps necessary to create your account on the Levanta Platform; (c) have valid and up-to-date payment information in your account on the Levanta Platform; and (d) completed any and all required documentation in order for the Levanta Platform or third-party payment processors Levanta may contract with in order to process any payments that may be owed to you.

5. Brand Usage and Proprietary Rights

You may only use Seller’s trademarks, service marks, logos, and other brand designations in accordance with Seller’s guidelines as published or otherwise made available to you from time to time, whether verbally or in writing. None of your promotional activities may infringe on Seller’s proprietary rights or a third party’s proprietary rights.

6. Qualifying Sites

Seller reserves the right to refuse you entry into the Affiliate Program based on site content. Sites that do not qualify for the Affiliate Program include sites which: promote sexually explicit materials; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities; infringe or otherwise violate any copyright, trademark, or other intellectual property rights of Seller. Seller reserves the right to void any Affiliate Commissions earned from any promotional activities conducted on sites that violate this Section 6.

7. Prohibited Uses of Links

You must promote Seller in a way that is not misleading and such that your affiliate link(s) enable visitors who use the link to engage in bona fide transactions with Seller via the link. You shall not use your affiliate links to cause, whether directly or indirectly, any transactions to be made that are not in good faith, including, but limited to, using any device, program, robot, Iframes, or hidden frames.

8. Promotional Methods

You represent and warrant that you will not engage in and/or facilitate spamming, link farming, indiscriminate advertising or unsolicited commercial email or otherwise fail to comply with the CAN SPAM Act of 2003 (Public Law 108-187 or any successor legislation), and/or any other laws and/or regulations that govern email marketing and/or communications. You represent and warrant that you will not engage in pop-up or pop-under advertising using any means involving third party properties and/or services (including software). Pop up/unders are acceptable on a first party basis only when triggered by our site content/site visit or by downloadable software applications for which you are the owner/operator. Software may not be used to force clicks, perform redirects without an affirmative click by a user, or pop over pay-per-click listings or natural search results.

Additionally, you agree to comply promptly with all opt-out, unsubscribe, “do not call” and “do not send” requests. For the duration of this Agreement, you will establish and maintain systems and procedures appropriate to effectuate all opt-out, unsubscribe, “do not call” and “do not send” requests.

9. Modification

Seller may modify the terms of or replace this Agreement. If Seller does so, it will provide advance written electronic notice to you. The effective date of any such change will be the date specified by Seller. If you do not agree to the new terms, you may choose to terminate the Agreement as provided herein. You acknowledge and understand that your continued participation in the Affiliate Program following the effective date of such new terms will constitute your acceptance of the new terms.

10. Relationship of the Parties

The parties to this Agreement are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You have no authority to make or accept any offers or representation on Seller’s behalf, or to otherwise act on Seller’s behalf, except as otherwise permitted in this Agreement.

11. Term and Termination

The term of this Agreement will begin when you accept the Agreement and will end when terminated by either party in accordance with its terms or as otherwise provided herein. Either party may terminate this Agreement at any time, with or without cause.

12. Effect of Expiration or Termination

Upon expiration or termination of this Agreement, all licenses granted hereunder shall immediately terminate and you will immediately remove all links to Seller’s website from your websites and/or social media profiles, and cease use of all Seller trademarks, service marks, logos, other brand designations, and all other materials provided in connection with the Affiliate Program.

Except as otherwise set forth herein or as otherwise agreed to by the parties, you are not eligible to receive Affiliate Commissions after expiration or termination of this Agreement; provided, however, that any Affiliate Commissions earned prior to the expiration or termination of this Agreement shall be paid to you notwithstanding the subsequent expiration or termination of this Agreement.

13. Disclaimer

Seller makes no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program.

14. Limitation of Liability

IN NO EVENT WILL EITHER PARTY WILL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOST PROFITS, LOSS OF USE, OR LOSS OF DATA, WHETHER OR NOT SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. Assignment

You shall not assign any rights or delegate or subcontract any obligations under this Agreement without Seller’s prior written consent. Seller may freely assign its rights and obligations under this Agreement at any time.

16. Entire Agreement

This Agreement, together with any other documents incorporated herein by reference, and any related Seller schedules or guidelines, constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein.

17. Severability

If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

EXHIBIT B: ENDORSEMENT & DISCLOSURE GUIDELINES

When you publish content on behalf of a brand, you are making an endorsement of the product or service that is the subject of that content. To avoid consumer deception, and to comply with Federal Trade Commission (FTC) requirements, the following guidelines must be followed:

1. In each post you must disclose that you have received payment or something of value on behalf of the brand in connection with your endorsement or testimonial of their product or service in a way that is difficult to miss and easily understandable by ordinary consumers.
   1. For long form content, the format of such disclosure may be any one of the following: “This post is sponsored by Company X,” “Company X gave me this product to try,” “Thank you Company X for sponsoring this post,” or “This post is brought to you by Company X.” The disclosure must be (i) at the beginning of all content; and (ii) visible to all readers of the content without scrolling or otherwise leaving the post. Disclosures cannot be made on a separate page or by a link.
   2. For static social content where captions are available (e.g., Instagram Feed), the disclosure must be made before “show more” or “…” in the caption. In addition to the above, acceptable disclosures include ad; #ad; sponsored; #sponsored (not “spon”); paid, #paid, or #CompanyXPartner (not just “partner”). For content that does not provide space for captions (e.g., Instagram stories), the disclosure should be superimposed over the images. Endorsement disclosures should not be buried within a long list of hashtags.
   3. For video or livestream content, the disclosure must be made verbally at the beginning of the video, such as “Company X gave me this product to try,” “This video is sponsored by Company X,” “Thank you Company X for sponsoring this video,” or “This post is brought to you by Company X.” If the video is long, the disclosure may need to be repeated. In addition to the verbal disclosure, where captions are available, the disclosure must also be made in the caption of the video. The disclosure must be made before “show more” or “…”. For content that does not provide space for captions, the disclosure should be superimposed over the video.
   4. Always disclose your endorsement within your content; you may not rely solely on built-in platform disclosures (like Instagram and Facebook’s required branded content tools).
   5. If you choose to post about a brand’s product or service after the completion of a campaign, you may still need to disclose your connection with the brand if the audience would believe that post is part of the campaign. This requirement would be more likely if you had posted content several times during a long-running campaign, as compared to a campaign where you only posted content once and several months had passed.
2. You must actually use the product/service that is the subject of the content. You may not provide testimonials for, or otherwise endorse, any product or service that you have not in fact used yourself.
3. You may not make any claims about the brand’s product or service that would require proof – such as scientific proof that a product can treat a health condition -- without actual proof to back up that claim.
4. You may not make any claims that results you have achieved from the use of the product or service are “typical” unless your results reflect what the brand has advised are typical. In the event that any results you have achieved from the use of the product or service are atypical, you must disclose the results that consumers can generally expect from the use of the product or service.
5. You may not state or imply that you are an expert with respect to the product or service that is the subject of the content, unless your qualifications in fact demonstrate that expertise.

Unilever Influencer Policy September 2023

Unilever United States, Inc. (“Unilever”) is committed to transparency and honesty in all advertising messages and promotional communications. For that reason, Unilever has adopted the Influencer and Endorser Policy which applies to all endorsers, talent, influencers, ambassadors and representatives who post or share content, discuss or otherwise promote Unilever, Unilever brands or products, regardless of the channel or medium.

Unilever takes these principles very seriously – failure to appropriately disclose your relationship may jeopardize your participation in current and future Unilever campaigns.

BE HONEST & ACCURATE:

• All statements should be accurate and supported, as well as reflect your honest beliefs and experiences.

• Always follow usage instructions. Never promote unsafe activities or make false or misleading claims about our products or competing products.

BE TRANSPARENT ABOUT THE NATURE OF OUR RELATIONSHIP:

• You must disclose your connection to Unilever and ensure that the disclosure you choose accurately describes the nature of the relationship. Pre-approved disclosure options are reflected below.

DECLARE THE RELATIONSHIP UP-FRONT:

• Disclosures should appear on every post.
• Disclosures should be clearly visible (without requiring any additional action), easy to read, notice, and understand - across all platforms and all screen sizes – and throughout the consumer’s journey with the content.
• Don’t rely on disclosures made only in your profile or page description. Follow the Disclosure Placement

HELPFUL RESOURCES:

The FTC has issued the following guides regarding social media activities on behalf of brands by influencers and endorsers.

Please review and familiarize yourself with (and follow!) these guides: The FTC’s Endorsement Guides: https://www.ftc.gov/system/files/documents/plain-language/pdf-0205-endorsement-guides-faqs_0.pdf;

Disclosures 101 for Social Medial Influencers: https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf;

Guides Concerning the Use of Endorsements & Testimonials in Advertising: https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf