Terms and Conditions for TikTok Shop Creators

By participating in the TikTok Shop Affiliate Program (hereinafter, the “Program”) you (hereinafter, “Creator”, or “You”) agree to the Terms and Conditions as set forth in this Agreement (hereinafter, “Agreement”) governing your participation in the Program on TikTok Shop for Amazing Grass (hereinafter, “Amazing Grass”, “We” or “Us”). These terms include the Amazing Grass Social Media Policy set forth below and are separate from TikTok Shop’s Creator Terms of Use. TikTok Shop’s Creator Terms of Use govern Your relationship with TikTok, while this Agreement, in addition to the TikTok Shop’s Creator Terms of Use, govern the relationship between You and Amazing Grass. Amazing Grass reserves the right to conduct a review of the materials You post on any social media platform, including but not limited to images, videos, and recordings created and all of Your work product and services provided herein (hereinafter, the “Content”)  and any public data available about You. In the event of any conflict between this Agreement and the TikTok Shop’s Creator Terms of Use, this Agreement will control. 

YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS AGREEMENT, INCLUDING THE AMAZING GRASS SOCIAL MEDIA POLICY. IN ADDITION IF THE TERMS IN THIS AMAZING GRASS AGREEMENT ARE BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THESE AMAZING GRASS TERMS ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT THEY, HE, OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS AGREEMENT.  

By participating in this Program, You agree that You will comply with the following:  

  • You must comply with this Agreement to participate in the Program and receive commission income. However, Amazing Grass does 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 Amazing Grass will not be liable for any actions You undertake based on Your expectations.  
  • You must promptly provide Amazing Grass with any information that We request to verify Your compliance with this Agreement.  
  • You agree that You will, throughout Your participation in the Program, uphold Your commitments for advertising requirements for Amazing Grass as set out below:  

COMMUNICATION GUIDELINES AND SOCIAL MEDIA POLICY  

1. FOLLOW THE CAMPAIGN BRIEF 

  • Do not make any claims about an Amazing Grass product unless specifically permitted by the Amazing Grass Brief.  

     

  • Do not state, reference, or imply that an Amazing Grass product will achieve any results unless permitted by Amazing Grass in the Amazing Grass Brief. 

     

  • Do not state, reference, or imply that an Amazing Grass product will diagnose, treat, cure, or prevent any disease or illness (including cold, flu, etc.). 

     

  • Do not state, reference, or imply that an Amazing Grass product is a proper substitute for/equivalent to whole fruits and/or vegetables.  

     

  • Do not compare or mention TikTok Shop pricing of product vs other retailers (e.g., Costco, Amazon, Walmart, Target, etc.). 

     

  • Do not misrepresent the Amazing Grass product price on TikTok Shop.  

     

  • Do not include any minors under the age of 18 in your content or insinuate this product is for pets or children  

     

  • Do not include offensive, discriminatory, political or vulgar language  

     

  • Do not feature nudity, alcohol, drugs, smoking, etc  

     

  • Do not reference brands other than Amazing Grass and/or make comparative claims vs. other brands and/or competitors. 

2. DISCLOSE YOUR CONNECTION TO THE COMPANY  

Please review and familiarize yourself with (and follow) the FTC’s Guides Concerning the Use of Endorsements & Testimonials in Advertising. You are required to clearly disclose your “material connection” with Amazing Grass. A “material connection” is a connection between You, as the Influencer” and Amazing Grass that might materially affect the weight or credibility of your endorsement. Cash payments, free product, or other special privileged in exchange for a review, endorsement, etc. could all be considered “material connections.” 

To make your connection to Amazing Grass clear, you must do the following:  

A. When you post a video, reel or comment  discussing or otherwise promoting the Amazing Grass brand or products, you must:  

  • Include the hashtag #ad OR #sponsored as a text overlay on your post. 
  • Tag the brand in the post: @amazinggrass.  
  • Include any required hashtags mentioned in the campaign brief: for example,  #amazinggrass.  
  • Include the hashtag #ad OR #sponsored at the start of your post’s caption. The hashtag needs to be separate and apart from any other hashtags you use in the post.  

B. When you post a video, reel or comment  discussing or otherwise promoting the Amazing Grass brand or products, verbally disclose your connection to Amazing Grass. For instance:  

  • “Amazing Grass gave me their Super Greens/Greens Blend to try and I love adding it to my routine” or

     

  • “Thanks to Amazing Grass for sending me Sweet greens to try.” 

3. GIVE YOUR HONEST AND TRUTHFUL OPINONS  

Your statements should always reflect your honest and truthful opinions and actual experiences. Only make factual statements—anything you post must be truthful and not misleading. If you haven’t yet tried a product, don’t comment on it. And if you don’t like it, don’t say it’s terrific.  

4. THIRD-PARTY LICENSES 

You shall be solely responsible for obtaining any required licenses, permissions or approvals from third parties, contributors, and/or other affected rights-holders with regard to third-party content (including photographs, images, music or other) incorporated into the Content by You, as necessary for Amazing Grass to make full and unrestricted use of the Content as set forth herein, including by way of example and without limitation, requiring all individuals appearing in any Content, to sign an authorization, consent and release form and granting to Amazing Grass all license and publicity rights necessary for Amazing Grass to make use of the name, likeness, image, photograph, distinctive appearance, gestures, mannerisms, biography, statements, avatar, and/or social media name and handle and other indicia of such individual contained in the Content. Upon request by Amazing Grass, you will provide Amazing Grass with copies of such licenses, permissions, approvals or consents. 

CONSEQUENCES OF NONCOMPLIANCE 

If You violate this Agreement in addition to any other rights or remedies available to Amazing Grass, We reserve the right to direct TikTok to permanently (to the extent permitted by applicable law) cease payment of (and You agree You will not be eligible to receive) any commission income attributable to this Program otherwise payable to You under this Agreement and the TikTok Shop’s Creator Terms of Use, whether or not directly related to such violation without notice and without prejudice to any right of Amazing Grass to recover damage over this amount.  

TERM AND TERMINATION  

Your participation in the Program and this Agreement may be terminated by Amazing Grass (a) at will, upon five (5) days’ written notice to You, or (b) immediately for breach of any terms of this Agreement.   

OWNERSHIP  

Creator owns the Content, excluding any and all rights in any materials that Amazing Grass provides that is incorporated into the Content (the “Amazing Grass  IP”). However, Creator may not assign or license any rights to the Content without Amazing Grass’ prior written approval and cannot provide any rights to the Content in connection with any competitive products. Creator will remove from publication any Content created pursuant to this Agreement promptly upon Amazing Grass’ request. Creator can only use Amazing Grass IP in connection with its obligations herein. 

DISCLAIMER & LIMITATION OF LIABILITY  

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AMAZING GRASS OR ITS REPRESENTATIVES OR AFFILIATES HAVE ANY LIABILITY TO YOU UNDER ANY CIRCUMSTANCE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTIAL OR PUNITIVE DAMANGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND AMAZING GRASS’ LIABILITY IN CONNECTION WITH THE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSION INCOME PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATEY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE OT HE MOST RECENT CLAIM OF LIABILITY OCCURRED.  

INDEMNIFICATION  

You shall indemnify and hold Amazing Grass and their shareholders, directors, officers, employees, affiliates, subsidiaries, and successors and assigns, where applicable, harmless from all third-party claims, liabilities, losses, damages, penalties, interest, fines and costs (including attorneys’ fees) arising out of or in connection with (a) any breach or default of a covenant, representation, or warranty under this Agreement; (b) any act or omission; (c) Amazing Grass’ authorized use of any of Your intellectual property; (d) Your use of third party products or content in creating content for the Program; (e) Your negligence or willful misconduct, (e) Your participation in the Program, and/or (f) any violation of any law, regulation, rule, administrative guideline, policy, code, order and ordinance committed by you or your agents.  

INDEPENDENT CONTRACTORS 

You expressly acknowledge that the business relationship between You and Amazing Grass is that of an independent contractor. Nothing in this Agreement shall be construed as to create an employer-employee or agency relationship between You and Amazing Grass. Further, nothing in this Agreement shall be deemed to create or construed as to create a joint venture or partnership between the Parties. You acknowledge that, as an independent contractor, You are solely responsible for reporting and paying any and all taxes on compensation received through the Program. You shall defend, indemnify, and hold Amazing Grass harmless from and against any and all tax liabilities and penalties and interest thereon applicable to compensation earned hereunder.  

APPLICABLE LAW  

This Agreement shall be governed and construed in accordance with the laws of the State of Illinois without regard to the principles governing the conflict of law provisions. With respect to any suit, action, or proceeding relating to this Agreement or the transactions contemplated hereby, each Party irrevocably submits to the jurisdiction of the state and federal courts located in DuPage County, Illinois and further waived any objection that it may have at any time to the laying of venue for such proceedings in such courts. Each Party hereto expressly and irrevocably waives trial by jury in any suit, action, or proceeding in relation to this Agreement and for any counterclaim therein.  

MODIFICATIONS 

Amazing Grass reserves the right to modify any of the terms and conditions of this Agreement at any time and in our sole discretion by posting a change notice or revised terms of this Agreement. The effective date of such change will be the date the notice is provided. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE EFFECTIVE DATE OF SUCH CHANGE WILL CONSTITUTE YOUR ACCEPTANCE OF THE MODIFICATIONS. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM.