FARMASI US LLC
TIKTOK SHOP AFFILIATE PROGRAM
TERMS AND CONDITIONS
1. RECITALS AND INTRODUCTION
These TikTok Shop Affiliate Program Terms and Conditions (these "Program Terms") are entered into by and between Farmasi US LLC, a Florida limited liability company ("Company," "Farmasi," "We," "Us," or "Our"), and the participating FARMASI Influencer ("Participant," "You," or "Your") who accepts these Program Terms.
The Company has established the FARMASI TikTok Shop Affiliate Program (the "Program") to permit eligible FARMASI Influencers to promote authorized Farmasi products from Farmasi's official TikTok Shop through authorized affiliate links. These Program Terms govern all aspects of Participant's participation in the Program.
These Program Terms are supplemental to and incorporated into the FARMASI Influencer Agreement, the Farmasi Policies and Procedures (the "P&P"), and the Farmasi Compensation Plan (collectively, the "Agreement"). In the event of any conflict between these Program Terms and the Agreement, these Program Terms shall control solely with respect to TikTok Shop activities. All other terms and conditions of the Agreement remain in full force and effect.
2. DEFINITIONS
For purposes of these Program Terms, the following definitions shall apply:
"Affiliate Content" means any video, image, text, caption, livestream, or other content created or published by Participant on TikTok in connection with the Program, including but not limited to product reviews, demonstrations, tutorials, and promotional posts.
"Company Materials" means any logos, trademarks, images, product descriptions, marketing copy, creative assets, or other materials provided by the Company to Participants for use in the Program.
"FARMASI Products" means any cosmetics, personal care products, skincare products, wellness products, or other merchandise manufactured, distributed, or sold by or on behalf of Farmasi US LLC.
"Participant" means a FARMASI Influencer who has been accepted into the Program and has agreed to these Program Terms.
"Program" means the FARMASI TikTok Shop Affiliate Program established and administered by the Company.
"Program Terms" means these TikTok Shop Affiliate Program Terms and Conditions, as may be amended from time to time.
"TikTok Shop" means the e-commerce functionality integrated within the TikTok platform operated by TikTok Inc. or its affiliates, enabling in-app product listings, sales, and transactions.
3. ELIGIBILITY AND ENROLLMENT
(a) To be eligible for the Program, a FARMASI Influencer must be an active FARMASI Influencer in good standing with the Company, with no pending disciplinary actions, unresolved compliance violations, or outstanding debts to the Company.
(b) Enrollment in the Program requires acceptance of these Program Terms via electronic signature or click-through acceptance. Acceptance constitutes a binding agreement between Participant and the Company.
(c) The Company reserves the right to establish additional eligibility criteria at any time, including but not limited to minimum rank requirements, minimum tenure with the Company, compliance history, and demonstrated social media engagement levels.
(d) Enrollment in the Program does not guarantee continued participation. The Company may revoke a Participant's enrollment at any time in accordance with Section 15 of these Program Terms.
(e) The Company may limit the number of Participants in the Program at any time, in its sole discretion, and may implement a waitlist or application process.
4. TIKTOK SHOP SELLER RESTRICTIONS AND AUTHORIZED AFFILIATE
PARTICIPATION
(a) FARMASI Influencers are prohibited from selling or reselling FARMASI, Nutriplus, Nutriplus+, or DR. C. TUNA products as sellers on TikTok Shop. This includes creating, operating, or using a TikTok Shop seller account, directly or through a third party, to list or sell these products.
(b) FARMASI Influencer status does not authorize an individual to act as a TikTok Shop seller or represent their shop as an authorized FARMASI storefront.
(c) FARMASI Influencers may apply to the official FARMASI TikTok Shop Affiliate Program. Upon approval, participants may promote products from FARMASI’s official TikTok Shop through authorized affiliate links and earn up to 40% commission on each qualifying sale, subject to the Program Terms and applicable commission rates.
(d) Participation in the affiliate program does not grant permission to list or resell products through a separate TikTok Shop seller account.
(e) FARMASI Influencers must remove any unauthorized TikTok Shop listings for the brands identified above and discontinue all prohibited sales activity by the effective date of this amendment.
(f) Violations of this Section are subject to the corrective actions and disciplinary measures established in FARMASI’s Policies & Procedures and these Program Terms.
5. COMPLIANCE WITH LAWS AND PLATFORM POLICIES
(a) Participant must comply with all applicable federal, state, and local laws and regulations in connection with all Program activities, including but not limited to consumer protection laws, advertising regulations, tax laws, and privacy laws.
(b) Participant must comply with the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), the FTC Endorsement Guides (16 C.F.R. Part 255), and all FTC guidance on social media endorsements, disclosures, and testimonials.
(c) Participant must comply with TikTok's Terms of Service, Community Guidelines, Creator Marketplace policies, and Shop Seller/Affiliate policies, each as amended from time to time by TikTok.
(d) Participant must comply with the FARMASI Influencer Agreement, the Policies and Procedures, and the Compensation Plan in all respects while participating in the Program.
(e) A violation of TikTok's platform rules, Terms of Service, or Community Guidelines in connection with Program activities shall constitute a violation of these Program Terms and may result in disciplinary action as set forth in Section 14.
6. FTC DISCLOSURES AND ENDORSEMENT REQUIREMENTS
(a) All Affiliate Content must contain a clear and conspicuous disclosure of the material connection between Participant and Farmasi. The disclosure must be sufficient to inform consumers that Participant has a financial relationship with Farmasi.
(b) Acceptable disclosure language includes, without limitation: #ad, #sponsored, #FARMASIPartner, or use of TikTok's native paid partnership or branded content disclosure tools. Other disclosures may be acceptable provided they clearly and unambiguously communicate the material connection.
(c) Disclosures must be visible without the viewer clicking "more," expanding text, scrolling past the fold, or otherwise taking additional action to view the disclosure.
(d) For video content, disclosures must be made both within the video itself (via spoken word or clearly visible on-screen text) and in the video caption or description. Audio-only disclosures in videos where text is commonly used are insufficient.
(e) Disclosures must not be buried among excessive or irrelevant hashtags, placed at the end of a long caption, or otherwise obscured in a manner that reduces their visibility or prominence.
(f) Disclosures are required regardless of whether the Participant purchased the product at full price, received the product for free, received the product at a discount, or is compensated in any other manner for the content.
7. PRODUCT CLAIMS
(a) Participant may only make product claims that are expressly contained in official Company materials. Claims not found in approved Company materials are unauthorized and prohibited.
(b) Participant shall not make any disease claims, cure claims, treatment claims, diagnosis claims, or prevention claims regarding any FARMASI Product. This includes claims that any product can cure, treat, mitigate, prevent, or diagnose any disease, illness, or medical condition.
(c) Participant shall not make before-and-after claims or post before-and-after images or video content unless using Company-approved before-and-after content specifically authorized for such use.
(d) Personal testimonials regarding FARMASI Products must be truthful, not misleading, and must reflect the honest opinions, findings, beliefs, or experience of the Participant. Testimonials must reflect results that are typical for consumers; if atypical results are presented, Participant must clearly and conspicuously disclose what the generally expected results are.
(e) Product claims must be substantiated and must not be exaggerated, embellished, or presented in a misleading manner for the purpose of increasing engagement, views, or sales.
8. INCOME AND LIFESTYLE CLAIMS
(a) Participant shall not make any income claims, earnings representations, or lifestyle claims in any TikTok content, whether in Affiliate Content or otherwise, in connection with the Farmasi business opportunity.
(b) Prohibited lifestyle claims include, without limitation, displaying or referencing luxury items, automobiles, travel, homes, jewelry, or other possessions in a manner that implies such items were obtained through income earned from the Farmasi business.
(c) Participant shall not make statements regarding earnings potential, average earnings, specific dollar amounts earned, projected income, or hypothetical earnings scenarios.
(d) Participant shall not make hypothetical or conditional earnings claims, including statements such as "if you sell X products per month, you could earn Y dollars."
(e) If Participant discusses the Farmasi business opportunity on TikTok, Participant must use and reference the official Farmasi Income Disclosure Statement, which must be made available and clearly accessible to viewers.
(f) Violations of this Section 8 are treated as material breaches of these Program Terms and may result in immediate termination from the Program without prior warning.
9. PRICING AND SALES PRACTICES
(a) Participant must sell FARMASI Products at Company-set retail prices unless otherwise expressly authorized in writing by the Company. Participant may not unilaterally alter, reduce, or increase pricing.
(b) Participant shall not offer unauthorized discounts, coupons, rebates, cashback offers, bundle incentives, or any other price modification not expressly approved by the Company.
(c) "Fire sales," liquidation pricing, clearance pricing, below-wholesale pricing, or any pricing strategy that devalues FARMASI Products or the FARMASI brand is strictly prohibited.
(d) Participant must not misrepresent product availability, pricing, promotional offers, limited-time offers, or stock levels for the purpose of creating artificial urgency or deceiving consumers.
(e) Participant must comply with Farmasi's pricing policies as set forth in the Compensation Plan and any supplemental pricing communications issued by the Company.
10. USE OF TRADEMARKS AND INTELLECTUAL PROPERTY
(a) Participant must use only Company-approved logos, images, product photographs, and branding assets in Affiliate Content. Unauthorized alteration, distortion, or modification of Company trademarks or branding is prohibited.
(b) Participant may not alter, modify, create derivative works from, or otherwise change any Company trademarks, trade dress, logos, or other intellectual property without the prior written consent of the Company.
(c) Participant's TikTok handle or username may not include "Farmasi," "FARMASI," or any derivative, abbreviation, or misspelling thereof in a manner that implies official corporate status or could cause confusion regarding whether the account is operated by the Company.
(d) Permitted forms of identification include: "Independent FARMASI Influencer," "FARMASI Beauty Influencer," or similar designations that clearly communicate the independent contractor relationship. Participant must not represent themselves as an employee, officer, or agent of Farmasi.
(e) Participant must not use third-party copyrighted music, images, video clips, or other content in Affiliate Content without a proper license or authorization. Participant is solely responsible for ensuring proper clearance of all third-party intellectual property used in Affiliate Content.
(f) All Company-provided creative assets, marketing materials, and Company Materials remain the sole and exclusive property of Farmasi US LLC. The limited license to use Company Materials in Affiliate Content terminates immediately upon termination from the Program.
11. CONTENT OWNERSHIP AND LICENSE
(a) Participant retains ownership of all original Affiliate Content that Participant creates. Nothing in these Program Terms shall be construed as a transfer of ownership of Participant's original creative works to the Company.
(b) By participating in the Program, Participant hereby grants to Farmasi US LLC a perpetual, worldwide, royalty-free, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, distribute, publicly display, publicly perform, and create derivative works from all Affiliate Content across any and all media now known or hereafter developed, for any lawful business purpose.
(c) The Company may, at any time, request that Participant remove specific Affiliate Content. Upon receipt of such request, Participant must remove the identified content within twenty-four (24) hours. Failure to comply with a removal request constitutes a violation of these Program Terms.
(d) The Company may repost, share, feature, or otherwise redistribute Participant's Affiliate Content with or without attribution to the Participant.
(e) Upon termination from the Program for any reason, Participant must remove all Farmasi-branded content, Affiliate Content containing Company Materials, and any content bearing Company trademarks from TikTok within seven (7) calendar days of the effective date of termination.
12. PROHIBITED CONDUCT
The following conduct is strictly prohibited and constitutes a violation of these Program Terms:
(a) Purchasing fake followers, likes, views, comments, or engagement of any kind, whether through third-party services, software, or any other means.
(b) Using bots, automated engagement tools, click farms, or any artificial means to inflate metrics, engagement, or sales figures.
(c) Deceptive editing, including the use of filters, digital manipulation, or post-production techniques that materially misrepresent product results, appearance, or performance.
(d) Promoting competing products in the same Affiliate Content or linking to competitor shops, competitor product pages, or non-Farmasi e-commerce platforms within Affiliate Content.
(e) Making disparaging, defamatory, or derogatory statements about Farmasi, other Participants, other FARMASI Influencers, or FARMASI Products.
(f) Engaging in harassment, bullying, intimidation, or discrimination directed at consumers, other Participants, or any other person in connection with Program activities.
(g) Creating or publishing content that is vulgar, profane, sexually explicit, discriminatory, hateful, or otherwise offensive in connection with Program activities.
(h) Spamming, comment manipulation, review manipulation, or any other form of artificial or deceptive engagement on TikTok or any connected platform.
(i) Unauthorized use of AI-generated content, including AI-generated images, video, or audio, that misrepresents actual product use, product results, or personal experience with FARMASI Products.
(j) Using Affiliate Content or TikTok-based activities to sell, offer, or promote FARMASI Products outside of TikTok Shop without separate authorization, including but not limited to linking from TikTok to unauthorized websites, third-party marketplaces, or personal e-commerce storefronts.
(k) Engaging in self-purchasing schemes, circular purchasing, or any arrangement designed to artificially inflate sales metrics, commission earnings, or rank advancement.
(l) Any other conduct that violates TikTok Community Guidelines, TikTok Shop policies, or any applicable law or regulation.
13. PRIVACY AND DATA
(a) Participant acknowledges and agrees that TikTok may collect and process transaction data, customer data, performance metrics, and other data in connection with TikTok Shop activities, subject to TikTok's Privacy Policy and applicable data protection laws.
(b) Farmasi is not responsible for TikTok's data collection practices, privacy policies, data security measures, or any breach thereof. Participant's use of TikTok and TikTok Shop is governed by Participant's separate agreement with TikTok.
(c) Participant must not collect, store, use, disclose, or otherwise process customer personal information obtained through TikTok Shop except as expressly permitted by applicable law and TikTok's policies. Participant shall not use customer information for any purpose unrelated to the specific TikTok Shop transaction.
(d) Participant must comply with all applicable privacy and data protection laws, including without limitation the Children's Online Privacy Protection Act ("COPPA") (15 U.S.C. § 6501 et seq.) and its implementing regulations (16 C.F.R. Part 312).
(e) Participant must not knowingly direct marketing content, Affiliate Content, or advertisements to children under the age of thirteen (13). Participant must comply with TikTok's age-gating policies and any Company directives regarding content directed at minors.
(f) Any data shared between Farmasi and TikTok for purposes of Program administration, commission calculation, or reporting is governed by applicable data processing agreements between Farmasi and TikTok and shall be processed in accordance with applicable law.
14. CONSUMER PROTECTION
(a) All sales of FARMASI Products through TikTok Shop are subject to Farmasi's standard return and refund policies as published on the Farmasi corporate website and as may be amended from time to time.
(b) Participant is responsible for providing accurate product descriptions, specifications, ingredient information, and usage instructions in Affiliate Content. Inaccurate product information that misleads consumers constitutes a violation of these Program Terms.
(c) Participant must not engage in bait-and-switch tactics, deceptive trade practices, unfair business practices, or any conduct that would constitute a violation of the Federal Trade Commission Act (15 U.S.C. § 45) or any state consumer protection statute.
(d) Participant must comply with applicable state consumer protection statutes in all states where FARMASI Products are sold through TikTok Shop, including but not limited to state unfair and deceptive trade practices acts.
(e) Customer complaints received by Participant regarding FARMASI Products, order fulfillment, shipping, returns, or any other customer service matter must be escalated to Farmasi Customer Service at Compliance@farmasius.com within forty-eight (48) hours of receipt. Participant shall not attempt to resolve product defect, safety, or adverse reaction complaints independently.
15. SUSPENSION AND TERMINATION
(a) The Company may suspend Participant's TikTok Shop privileges at any time, pending investigation of any alleged violation of these Program Terms, the Policies and Procedures, applicable law, or TikTok's platform policies.
(b) The Company may terminate Participant's access to the Program at any time, with or without cause, in its sole and absolute discretion. No prior notice is required for termination, though the Company may, in its discretion, provide notice. Upon termination for cause, the Company may withhold, offset, or require repayment of any commissions or compensation attributable to transactions involving violations of these Program Terms, applicable law, or the Agreement.
(c) Termination from the TikTok Shop Affiliate Program does not automatically terminate the FARMASI Influencer Agreement. However, termination of the FARMASI Influencer Agreement for any reason shall automatically and immediately terminate Participant's access to and participation in the Program.
(d) The Company will generally follow a tiered enforcement approach, though it reserves the right to deviate from this approach at any time:
(i) First violation: Written warning with required corrective action to be completed within forty-eight (48) hours of notice;
(ii) Second violation: Temporary suspension from the Program for a period of seven (7) to thirty (30) days, as determined by the Company;
(iii) Third violation: Permanent removal from the Program.
(e) Notwithstanding the tiered enforcement approach above, egregious violations—including but not limited to illegal health claims, material FTC violations, fraud, illegal activity, or conduct that poses a significant risk to the Company's reputation or legal standing—may result in immediate termination from the Program without prior warning.
(f) Upon termination from the Program for any reason, Participant must remove all Farmasi-related content from TikTok within seven (7) calendar days, including all Affiliate Content containing Company Materials, Company trademarks, or FARMASI Product imagery. Failure to remove such content within the specified time period constitutes a continuing material breach, and the Company shall be entitled to submit takedown or removal requests directly to TikTok on Participant’s behalf and to seek injunctive relief without the necessity of posting bond.
(g) Termination from the Program may also result in disciplinary action under the Policies and Procedures pursuant to Section 11 thereof, up to and including termination of the FARMASI Influencer Agreement pursuant to Section 10.9 of the Policies and Procedures.
16. INDEMNIFICATION
(a) Participant agrees to indemnify, defend, and hold harmless Farmasi US LLC, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, causes of action, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
(i) Participant's Affiliate Content, including any intellectual property claims, defamation claims, or right of publicity claims;
(ii) Participant's violation of these Program Terms;
(iii) Participant's violation of any applicable law, regulation, or ordinance;
(iv) Participant's violation of any third-party rights, including intellectual property rights, privacy rights, or publicity rights; or
(v) Any unauthorized representations, warranties, or guarantees made by Participant regarding FARMASI Products or the Farmasi business opportunity.
(b) This indemnification obligation supplements and is in addition to the indemnification obligation set forth in Section 2.6(D) of the Policies and Procedures. In the event of any conflict, the broader indemnification obligation shall control.
17. LIMITATION OF LIABILITY
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FARMASI US LLC SHALL NOT BE LIABLE TO PARTICIPANT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO PARTICIPANT'S PARTICIPATION IN THE PROGRAM, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, OR LOSS OF GOODWILL, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF FARMASI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) Farmasi is not liable for any TikTok platform outages, service interruptions, changes to platform features or algorithms, account suspensions or terminations by TikTok, or the discontinuation of TikTok Shop or any TikTok service.
(c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FARMASI'S TOTAL AGGREGATE LIABILITY TO PARTICIPANT ARISING OUT OF OR RELATING TO THESE PROGRAM TERMS OR THE PROGRAM SHALL NOT EXCEED THE TOTAL COMMISSIONS AND COMPENSATION PAID TO PARTICIPANT THROUGH THE PROGRAM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
18. MODIFICATION
(a) The Company reserves the right to modify, amend, or supplement these Program Terms at any time, in its sole discretion.
(b) Notice of material changes to these Program Terms will be provided to Participants via electronic mail, back office notification, or posting on the official Corporate website.
(c) Continued participation in the Program following notice of any modification constitutes Participant's acceptance of the modified Program Terms. If Participant does not agree to any modification, Participant's sole remedy is to withdraw from the Program.
(d) Participant may opt out of the Program and these Program Terms at any time by providing written notice to the Company at Compliance@farmasius.com. Withdrawal from the Program does not affect Participant's obligations under the FARMASI Influencer Agreement or the Policies and Procedures.
19. GOVERNING LAW AND DISPUTE RESOLUTION
(a) These Program Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles, consistent with Section 13 of the Policies and Procedures.
(b) Any dispute, controversy, or claim arising out of or relating to these Program Terms, including the formation, interpretation, breach, or termination thereof, shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in Miami, Florida, in accordance with Section 12.2 of the Policies and Procedures and the AAA's Commercial Arbitration Rules then in effect.
(c) CLASS ACTION WAIVER: PARTICIPANT AGREES THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. PARTICIPANT WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST FARMASI. This class action waiver is an essential term of the arbitration agreement, and if it is found to be unenforceable as to a particular claim or request for relief, then that particular claim or request for relief shall be severed and proceeded with in a court of competent jurisdiction, while all remaining claims shall continue in individual arbitration.
20. ACKNOWLEDGMENT AND ACCEPTANCE
By accepting these Program Terms (whether by electronic signature, click-through acceptance, or other electronic means), Participant acknowledges and agrees to the following:
(a) Participant has read, understands, and voluntarily agrees to be bound by these Program Terms in their entirety.
(b) Participation in the Program is voluntary and is not a right, entitlement, or guarantee. The Company may deny, revoke, suspend, or terminate participation at any time.
(c) These Program Terms are supplemental to and do not replace the FARMASI Influencer Agreement, the Policies and Procedures, or the Compensation Plan.
(d) Participant is an independent contractor and not an employee, agent, partner, or joint venturer of Farmasi US LLC.
(e) Participant has had the opportunity to seek independent legal counsel prior to accepting these Program Terms.
PARTICIPANT ACKNOWLEDGMENT AND ELECTRONIC SIGNATURE
Participant Name (Print): _______________________________________________
FARMASI Influencer ID: _______________________________________________
Signature: _______________________________________________
Date: _______________________________________________
Email Address: _______________________________________________
FARMASI US LLC
By: _______________________________________________
Name: _______________________________________________
Title: _______________________________________________
Date: _______________________________________________