Please adhere to the ethical and legal conduct during your promotion of our company, just as we will mutually respect your status as an Affiliate of our Company.
The tracking is effective via a browser or website cookie and carries with it a lifetime customer association based on a last touched attribution model. This means that the last cookie gets credit for the sale unless a prior lifetime association has been established with the customer. Any customer that makes a purchase through your Affiliate site or using your Affiliate code will be associated to you as a customer, so long as that customer is not associated to The Company or another Affiliate from a prior purchase.
The Federal Trade Commission (FTC) has recently more clearly defined best practices for affiliate marketers, and it is our position that all Affiliates of Rich Piana 5% Nutrition must use these guidelines and regulations as Standard Operating Procedure during their endorsement or promotion.
STEP 1: Download and review the FTC document for endorsement guidelines https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking
STEP 2: In addition to the FTC Guidelines, please observe the following criteria or “best practices” to ensure compliance and a positive working relationship when promoting The Company:
NOTE: The Company will not pay a commission on any sales through your Affiliate account if the monthly total sums less than $100. We are not here to support your personal consumption of our products and we have customer loyalty programs to support this is your goal. In other words, joining the Affiliate program is to get a commission on a sale and NOT intended for Personal use of Rich Piana 5% Nutrition products. We track all sales and where an Affiliate has sales to themselves, a commission will NOT be paid, except for an amount greater than $100 per month. Shipping and taxes are not factored into the calculation when rewarding Affiliates.
TERMS AND CONDITIONS
Rich Piana 5% Nutrition (hereinafter referred to as “The Company”) Affiliate Agreement
Subject to the covenants, terms; and conditions of this agreement, the Company hereby engages the endorser as an independent contractor to perform the services set forth herein. By signing the endorser hereby accepts such engagement.
In consideration of the covenants and conditions hereinafter set forth, the company and the Affiliate agrees to the following:
This Agreement contains the complete terms and conditions which will manage your participation in the Company’s Brand Ambassador Program. It will necessitate that you have completed registration and agreed to the terms and conditions of your affiliation The Company including the establishment of links from your Brand Ambassador (Affiliate) website and/or social media profile(s), to our website https://www.5percentnutrition.com or any other site, domain or page as we designate.
Customer: The user sent to Company site via an Affiliate link
Athlete, Brand Ambassador, Junior Athlete, or Affiliate: this is You as a representative in one or more of the stated capacities, and otherwise advertising on behalf of The Company including our products and/or services.
First, you need to submit a complete Affiliate Program Application. We will evaluate your application and will notify you of your acceptance or rejection within 5 business days. We may reject your application if we determine that your social media profile and/or website is unsuitable for the Affiliate Program, for any reason and at our sole discretion.
If we reject your application, you are welcome to reapply to the Affiliate Program at any time. You are welcome to join our Customer Loyalty program where you can earn points redeemable for discounts on products and merchandise. Link can be found on our website.
Please monitor your social and personal brand presence and reputation online. We may be able to assist you in this monitoring; however, it remains the responsibility of the Affiliate to ensure compliance with this rule. Ensure you and your likeness are not found on the following types of websites:
Affiliate agrees to not utilize SPAM in promoting the Company. This action will result in the immediate termination of Affiliate account with a cancellation of any pending commissions. Affiliate will also be in violation of The Company’s Affiliate Agreement and subject to legal action and be held liable for any financial loss incurred by The Company. Any service interruptions to The Company’s website as a result of Affiliates spamming will be billed to Affiliate at $500 U.S. dollars per hour until service is restored. For the purpose of this agreement, SPAM is defined as emailing ANYONE, in bulk or by single mailing, about The Company, who has not specifically requested the information directly from Affiliate. The ONLY exceptions to this are:
Mailing to APPROPRIATE OPT-IN mailing lists where the source does the mailing on Affiliate's behalf. However, use extreme caution when choosing an opt-in mailing list company! Any third-party sources you engage with are yours to manage and any which generate spam complaints against you as the Affiliate or the Company will result in suspension or termination of the Agreement.
You may include information on the Company in your emails but must receive prior approval for use of such content. Transactional communications are exempt from this approval require but must include the formal business name and contact information for the Company as indicated on this document.
The Company also considers ANY type of advertisement about The Company posted to a Newsgroup or Chat Room not run by the Affiliate to be spam.
As an Affiliate, we will make available to you Links (each of these links sometimes being referred to herein as "Links" or, individually, as a "Link") and banners, which, subject to the terms and conditions hereof, you may display as often and in as many areas on your site as you desire. The Links and reference codes are given to you will serve to identify your site or social media profile as a member of our Affiliate Network and will establish a link from your site to ours.
Subject to the terms of clause © below, we will provide you with Links, which will consist of a graphic images or text provided by us (and subject to change from time to time in our sole discretion). These Links will connect your site directly to ours. By utilizing these Links, users of your site will be able to order, directly from us, any product(s) that were described or referenced on your site. Please refer to Appendix A for additional information regarding online representation.
Agreements Regarding Links:
In utilizing Links, you also agree that you will display on your site only those graphic images (indicating a Link) that are provided by us, or that are created in good taste by the Affiliate. All Links may be modified and/or expanded from time to time throughout the term of this Agreement pursuant to the mutual agreement of the parties hereto. Each Link connecting users of your site to the pertinent area of our site will in no way alter the look, feel or functionality of our site.
Trademarks are restricted in all forms of paid search, Amazon, eBay, and any other third-party vendor services selling. Only category and generic terms should be used.
We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. We will be solely responsible for processing every order placed by a customer following a special Link from your site, for tracking the volume and amount of sales generated by your site, and for providing information to Affiliates regarding sales statistics. We will be responsible for order entry, payment processing, shipping, cancellations, returns, and related customer service.
If you qualify and agree to participate as an Affiliate Site, you shall display Links prominently throughout your site as you see fit and with our consent.
Contests and Promotions:
As an Affiliate, you will be entitled to participate and promote on your site any sweepstakes, contests, and special promotions we may offer. In addition, you will be entitled to earn commissions as set forth.
Only offers and promotional tools provided explicitly by The Company for use on an Affiliate site are valid. The unauthorized use of promotional offers taken from another website is strictly forbidden and may result in the termination of this agreement.
Compliance with the Agreement:
We have the right in our sole discretion to monitor your site at any time and from time to time to determine if you are following, and in compliance with, the terms of this Agreement.
We will monitor for FTC compliance to ensure disclosures are adequately added. Please ensure compliance by following the guidelines set by the FTC.
You will be given a user name and password and will be given access to enter a password-protected site to receive your sales statistics daily.
You are solely responsible for ensuring that reviews, descriptions, and articles on your site comply with applicable copyright, FTC disclosure, and other laws. You must have express permission to use another party’s copyrighted or other proprietary material. We are not responsible for violations. For additional information on expectations around FTC disclosure please visit the FTC website.
Customers who buy The Company’s products through the Affiliate Program will be deemed to be customers of The Company. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for our products sold under the Affiliate Program in accordance with our own pricing policies. Our prices and product availability may vary from time to time. Because price changes may affect products that you already have listed on your site, you should update pricing often or not include price information in your product descriptions.
You shall not create, publish, distribute, or permit any written material that refers to us without first submitting such material to us and receiving our written consent, which we agree shall not be unreasonably withheld.
WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS OUR SITE THROUGH THE LINKS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS AND UNDER THE CONDITIONS PROVIDED FOR HEREIN, TO USE OUR LOGOS, TRADE NAMES, TRADEMARKS, AND SIMILAR IDENTIFYING MATERIAL RELATING TO US (COLLECTIVELY, THE "LICENSED MATERIALS"), FOR THE SOLE PURPOSE OF SELLING PRODUCTS ON YOUR SITE FOR THE COMPANY. YOU MAY NOT ALTER, MODIFY, OR CHANGE THE LICENSED MATERIALS IN ANY WAY WITHOUT WRITTEN PERMISSION. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS WHILE YOU ARE A MEMBER IN GOOD STANDING OF THE AFFILIATE PROGRAM.
You shall not make any specific use of any Licensed Materials for purposes other than selling products on your site for The Company, without first submitting a sample of such to us and obtaining the prior written consent of The Company’s Affiliate Program Manager, which shall not be unreasonably withheld. We reserve all rights in the Licensed Materials and of our other proprietary rights. We may revoke your license at any time, by giving you written notice.
Any customer that makes a purchase through your Affiliate site will be associated with you as a customer, so long as that customer is not associated with The Company or another Affiliate from a prior purchase. If an Affiliate is inactive in the Program for a period of 90 days, with no sales to new customers, The Company reserves the right to remove the customer lifetime association of all Affiliate customers and place that association directly with The Company.
Selling or reselling of products through third-party services, or directly as the Affiliate, is not allowed. Attempting to sell and selling through Google Shopping, Amazon, eBay, Craigslist or other Product Listing Sites (owned or not owned by you), is not permitted. Exemptions to this rule are rarely granted and must be obtained through written permission as provided by Rich Piana 5% Nutrition.
Refer to Appendix A for guidelines and individual Affiliate stipulations.
CONFIDENTIALITY & NON-DISCLOSURE AGREEMENT
The Company proposes to disclose certain of its confidential and proprietary information (the "Confidential Information") to Affiliate. Confidential Information shall include all data, materials, products, production methods, proprietary vendors, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, training materials and other information disclosed or submitted, orally, in writing, or by any other media, to Affiliate by The Company. All Information disclosed orally shall be considered Confidential Information, unless identified as non-confidential by The Company at the time of disclosure. Nothing herein shall require The Company to disclose any of its information.
Affiliate agrees that any Confidential Information disclosed by The Company will not be shared with others in person, by email, or through social media. Affiliate agrees that Information sent to Affiliate from The Company will not be photographed, recorded or reproduced in any way on social media. This includes but is not limited to Affiliate training material, unreleased products, e-mail correspondence, and any written correspondence.
Affiliate agrees that the Confidential Information is to be considered confidential and proprietary to The Company and Affiliate shall hold the same in confidence, shall not use the Confidential Information other than for the purposes of its business with Company, and shall disclose it only to its officers, directors, or Affiliate with a specific need to know and only disclosed as instructed by The Company. Affiliate will not disclose, publish or otherwise reveal any of the Confidential Information received from The Company to any other party whatsoever except with the specific prior written authorization of The Company. Affiliate shall not duplicate confidential Information furnished intangible and nontangible form except for purposes of this Agreement.
Upon the request of The Company, Affiliate shall return all Confidential Information received in written or tangible form, including any information, copies, or reproductions, taken from Rich Piana 5% Nutrition, within fifteen (15) days of such request. If the Affiliate discloses, publishes, or otherwise reveals any information, media, concepts, or ideas pertaining to Rich Piana 5% Nutrition, the Affiliate agrees to pay $5,000 US dollars to Company as and for liquidated, estimated and stipulated damages, and paid within thirty (30) calendar days. The Affiliate may destroy any documents or other media developed by the Affiliate containing Confidential Information. Affiliate shall provide written confirmation of such action to The Company regarding the destruction of intellectual property, within ten (10) days.
The obligations of Affiliate herein shall be effective indefinitely from the date that the Affiliate Agreement between The Company and Affiliate terminates. Further, the obligation not to disclose shall not be affected by bankruptcy, receivership, assignment, attachment or seizure procedures, whether initiated by or against Affiliate, nor by the rejection of any agreement between The Company and Affiliate, by a trustee of Affiliate in bankruptcy, or by the Affiliate as a debtor in possession or the equivalent of any of the foregoing under local or federal law.
This Agreement shall be governed and construed in accordance with the laws of the United States and the state of Florida; in the event of any conflict, the law of Florida will govern. Affiliate consents to the appropriate state or federal court having jurisdiction in Pinellas County, Florida and the U.S. District Court for the District of Florida for any dispute arising out of this Agreement. Affiliate agrees that in the event of any breach or threatened breach by Affiliate, The Company may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect The Company against any such breach or threatened breach and reimbursement of The Company's attorneys' fees and costs.
Affiliate may not at any point disclose any sales, financial figures, cost or profit with anyone within The Company or outside of it without the written consent of The Company. This is included but not limited to sales figures, sales tracking methods, customer counts, company growth, incentive programs, sales contests or events. Disclosing such information to another Affiliate or an external party will be considered a material breach of this Agreement and subject the Affiliate to damages, injunctive relief, and reimbursement of the Company's attorneys' fees and costs.
SALES REPRESENTATIVE AGREEMENT
The Company is in the business of formulating, manufacturing, marketing, and selling of nutritional products, supplements, and branded apparel and accessories. Affiliate is in the business of marketing and promoting products of The Company. The Company and Affiliate desire to enter a business relationship subject to the terms and conditions set forth below.
The Company engages Affiliate, and Affiliate agrees to be engaged, to The Company. The term of this Agreement shall commence on the date hereinabove and shall continue through its termination. Either party may terminate this Agreement without cause. Affiliate agrees to provide thirty (30) days’ advance written notice of termination. The Company may terminate this Agreement without advance notice. Affiliate acknowledges that he/she is an independent contractor and that no employer-employee relationship, joint venture, partnership or agency relationship is created by this Agreement.
Affiliate agrees not to directly or indirectly compete with the businesses of The Company and its subsidiaries and affiliates, to include, but not limited to Rich Piana 5% Nutrition LLC, or any other business owned or partially owned by the Partners of the aforementioned, or the individuals and companies listed herein, including but not limited to: Martyn Ford, Rich Piana, or 5% Nutrition, during the term of this agreement and for a period of up to 6 months following termination of this Agreement and notwithstanding the cause or reason for the termination of this agreement. The period, defined within this non-compete, can be waived at the sole discretion of the Company upon the written request from the Affiliate and approved by an authorized representative of The Company, on a case by case basis.
The term “non-compete” as used herein shall mean that the Affiliate shall not own, manage, operate, consult with, officially represent, or be employed by or in a business substantially similar to or competitive in any way with the business of The Company, its subsidiaries, affiliates, or such business activity in which the Company may substantially engage during the term of this agreement.
This Agreement is binding upon, and in turn, to the benefit of the parties, their successors, subsidiaries, affiliates, and personal representatives.
This agreement contains the entire agreement and understanding between the parties hereto; and supersedes any prior or contemporaneous written or oral agreements, representations and warranties between them respecting the subject matter hereof.
By completing this form, you are confirming that you have had adequate time to read and review this document, and I, the endorser, enter into this agreement totally and voluntarily, with full knowledge of its meaning and without duress.
ATHLETE/AFFILIATE SUPPORT & QUESTIONS
If at any time during your agreement you need the support of our marketing department or athlete/affiliate program manager, please reach out to us at:
Rich Piana 5% Nutrition
8285 Bryan Dairy Road, Suite 190
Largo, FL 33777
While we cannot respond to every request for custom graphics and content, we may allocate some resources to your project or request.
We also monitor our social media direct messages, should you need help or have a question specific to social media.