iHerb terms iHerb Affiliate Terms & Conditions Last updated: May 1, 2018 Please read our Affiliate Terms and Conditions carefully before you apply for our program or begin marketing our program. Allowed Traffic Sources: - Coupons (read more below) - E-Mail Marketing (by agreement) - Cashback - Social Media - Social Media Groups - YouTube These Terms and Conditions are written in plain language intentionally avoiding legalese to ensure that they may be clearly understood and followed by Affiliates. Each Affiliate is responsible for assuring that its employees, agents, and contractors comply with these terms and conditions. Affiliate Terms and Conditions are subject to change. Capitalized terms used in these Terms and Conditions, but not otherwise defined herein, shall have the meanings given to them in the Agreement. Definitions As used in these Terms and Conditions: (i) “We”, “Us”, or “Our” refers to iHerb and our website; (ii) “you” or “your” refers to the Affiliate; (iii) “our website” refers to the iHerb properties located at iherb.com; (iv) “your website” refers to any websites that you will link to our website; (v) “Program” refers to the iHerb Affiliate Program. Enrollment Submit a completed application making sure to include all of the websites and social media profiles that you use in your application to help us make a better decision. After receiving your application, we will review Your Website, social media profiles, blog or other marketing tactics and notify you of your acceptance or rejection into our Program. We reserve the right to reject any application. However, we encourage you to contact us if you would like to provide additional information for reconsideration. If we reject your application, you are welcome to reapply to the Program at any time. However, we reserve the right to withdraw our acceptance of your application in our absolute discretion if we determine that your site or other social media content is unsuitable for the Program. Website Restrictions Your participating website(s) may not: • Infringe on our intellectual property, publicity, privacy or other rights. • Violate any law, rule or regulation. • Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, promotes violence, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or contains nudity, pornography or sexually explicit materials. • Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information. • Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of Affiliate commissions from another website. This includes toolbars, browser plug-ins, extensions, and add-ons. Linking To Our Website Upon acceptance into the Program, you will have access to a variety of graphics and text links through the affiliate interface. You agree that you will make every effort to display the most up to date banner offers. Your acceptance in our Program means you agree to and abide by the following: • You will only use codes obtained from the affiliate interface without manipulation. • All domains that use your affiliate link must be listed in your affiliate profile. • Your Website will not in any way copy, resemble, or mirror the look and feel of our Website. You will not use any means to create the impression that your Website is our Website or any part of our Website including, without limitation, the framing of our Website in any manner. • You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. Also, wherever possible, you will not attempt to mask the referring url information (i.e. the page from where the click is originating). • You may not use redirect links. • If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided, or your commission will be set to 0%. This does not include using “out” redirects from the same domain where the affiliate link is placed. Commissions Commissions for direct sales are earned in the following manner: Direct Sales Commissions - base is 5.0% for all products purchased. Commissions will be applied to the value of the total products purchased after all promotional discounts have been applied and before taxes and shipping. Please note that commissions will not be awarded on orders that you originally referred but was completed using codes from our Rewards program. It’s important to ensure that you do not include any codes from our Rewards program on your site and to make it clear to your users to use only the available offers on your site. App tracking is not currently supported. Payment Schedule All commissions will remain as pending until 32 days following the day in which the order has shipped (“Pending Period”). During this Pending Period, commissions may be adjusted for any orders that were reversed, refunded, or disputed. After the Pending Period, orders will be approved for payment. PPC Guidelines If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows: • You may not bid on any of our trademarked terms (which are identified below), including any variations or misspellings thereof for search or content-based campaigns on Google, MSN, Yahoo, Facebook or any other network. • You may not use our trademarked terms in sequence with any other keyword (i.e. iHerb Coupons). • You may not use our trademarked terms in your ad title, ad copy, display name or as the display URL. • You may not direct link to our website from any Pay Per Click ad or use redirects that yield the same result. • If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your program, and we strongly suggest you add our trademarked terms as negative keywords. We have a strict no-tolerance policy on PPC trademark bidding. You will forfeit all commissions for a minimum of the past 30 days and your commission will be set to 0% without warning if you engage in PPC trademark bidding that uses our trademarked terms. • Trademarked Terms: iHerb or any other trademark owned or registered by iHerb, Inc. or its affiliates. Order Processing • Only items that were purchased by customers who use the iHerb Affiliate Link from your site to the iHerb Website are considered direct sales for the purposes of commission calculations ("Direct Sales")." • Direct Sales placed through the iHerb Affiliate Link on your site may be reduced to the extent any items are not shipped, canceled by customers, returned, charged back or refunded at a later date. • We reserve the right to exclude items ordered by you (using the iHerb Affiliate Link which would otherwise qualify as a Direct Sales), if we deem it necessary, in our sole and absolute discretion, to prevent abuse of the iHerb Affiliate Program, or to reject orders that do not comply with any requirements that we periodically may establish. • iHerb will be responsible for processing orders and will handle all related customer service issues. • We will track sales by customers who purchase products using the iHerb Affiliate Link from your site to the iHerb Website. Coupon Site Guidelines You may NOT create a falsified promotion or use copy that alludes to a false promotion to entice a consumer to click. If your website ranks on the first page of Google for search terms related to our website or company name(s) combined with the words coupon, coupons, coupon code, promo code, deal, etc. and/or any other variation or similar word, you may be offered a lower commission than our standard rate to offset the reduced profitability of orders. Sub-Affiliate Networks Promoting iHerb through a sub-affiliate network is permitted. However, you must be completely transparent with regards to where traffic from your sub-affiliates originated. Sub-affiliate networks must ensure that all sub-affiliates promoting the iHerb program adhere to our program terms and conditions. This includes restrictions on advertising through toolbars, browser extensions, and through any paid placements such as a pay-per-click campaign. Sub-affiliate networks must also receive approval prior to allowing any coupon sub-affiliate to promote the iHerb program and must abide by the Coupon Guidelines above. Failure to comply with our sub-affiliate network terms may result in a loss and/or reduction of commission from sales made through any sub-affiliate that does not comply with our program terms. Domain Names Use of any of our trademarked terms as part of the domain or subdomain for your website is strictly prohibited i.e. www.iherb.yoursite.com or www.iherb-coupons.com. Advertising & Publicity You shall not create, publish, distribute, or print any written material that references our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via email campaigns, you must adhere to the following: • Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) concerning our Program. • E-mail must be sent on your behalf and must not imply that the email is being sent on behalf of iHerb, Inc. • E-mails must first be submitted to us for approval prior to being sent. Social Media Promotion on Facebook, Instagram, Twitter, and other international social media platforms is permitted following these general guidelines: • You are permitted to promote iHerb to your own lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, Twitter, etc. pages. • You are prohibited from posting your affiliate links on iHerb’s Facebook, Twitter, Pinterest, etc. company pages in an attempt to turn those links into affiliate sales. • You are prohibited from running Facebook, Instagram, Twitter, and other international social media paid ads with iHerb’s trademarked company name. • You are prohibited from creating a social media account that includes iHerb’s trademark in the page name and/or username. Reversal & Communication Policy We reserve the right to reverse commissions due to cancellations, duplicate tracking, returns, disputed charges, fraudulent orders, and program violations as outlined in these terms and conditions. Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy. • You are not forthcoming, intentionally vague or are found to be lying. • You are not responsive within a reasonable time period and after multiple attempts to contact you with information listed in your network profile. • You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof. If any of the above apply, then we reserve the absolute right to reverse orders, set your commission to 0% or suspend you from the program for the period or orders in question. We know that many violations are a result of automated processes; however, it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to proactively address these issues and adhere to our program rules. LICENSED MATERIALS We grant you a limited, non-exclusive, non-transferable, revocable right to use the graphic image and text solely for you participating in the iHerb Affiliate Program. You may not modify the graphic image or text in any way. All of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights are reserved. You acknowledge iHerb's ownership of its licensed materials, agree that you will not do anything inconsistent with iHerb’s ownership and that all of your use of the licensed materials will inure to the benefit of and on behalf of iHerb, and, if requested, agree to assist iHerb in recording this Agreement with appropriate government authorities. You agree that nothing in this Agreement gives you any right, title or interest in the licensed materials other than the right to use the licensed materials in accordance with this Agreement. You also agree that you will not attack the title of iHerb to the licensed materials or the validity of the Licensed Materials or this Agreement. FTC Disclosure Requirements You must include a disclosure statement within any and all pages, blog/posts, or social media posts where affiliate links for our affiliate program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us or from the affiliate management team for review, this also must be clearly stated in your disclosure. Disclosures must be made at the beginning of the claims and may not appear solely in a “Terms of Use”, “Legal”, “About Us” or other linked page. Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g. disclosure should be visible before the jump). Pop-up, hover state and button disclosures are prohibited. Disclosure policy applies to all social media, even when space is restricted (e.g., tweets) Disclosures should be made in the same medium as the claim (e.g. video, text) For more information about FTC disclosure requirements, please review the FTC’s “Dot Com Disclosures” Guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf (example 21) and the FTC’s Endorsement Guidelines at http://business.ftc.gov/advertising-and-marketing/endorsements If you engage in so-called “native advertising”, you further agree to comply with the FTC’s Enforcement Policy Statement on Deceptively Formatted Advertisements at https://www.ftc.gov/system/files/documents/public_statements/896923/151222deceptiveenforcement.pdf and the related guidelines. Confidentiality “Confidential Information” shall include, but shall not be limited to, any and all information associated with a Party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, Merchant Data, Customer Data, product designs, sales, costs, price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Each Party agrees to use the other Party’s Confidential Information solely as necessary for performing its obligations under this Agreement. Each Party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such Party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such Party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the Parties and the subject matter contained in this Agreement, provided that, if legally permitted, the receiving Party shall give the disclosing Party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving Party can prove: (a) was already in the public domain, or was already known by or in the possession of the receiving Party, at the time of disclosure of such information; (b) is independently developed by the receiving Party without use of or reference to the other Party’s Confidential Information, and without breaching any provisions of this Agreement; or (c) is thereafter rightly obtained by the receiving Party from a source other than the disclosing Party without breaching any provision of this Agreement. Modification We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the Mcanism platform. Modifications may include, for example, changes in the scope of available commissions, commission schedules, payment procedures, and iHerb Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the iHerb Affiliate Program following our posting of a change notice or new agreement on the iHerb Website will constitute binding acceptance of the change.