AG1 TikTok Affiliate Terms and Conditions
By participating in the AG1 TikTok Affiliate Program, you (“You” or “Your”) agree to abide by the following Terms and Conditions (“T&Cs”). These T&Cs shall govern your content and/or conduct on or in any form of media, website, or social media platform (collectively “Third-Party Platforms”) in connection with Your relationship with AG1 USA Inc. (“AG1”) and/or Your promotion, sale, and/or use of any AG1 product. These T&Cs operate separate from and in addition to any terms and conditions of the Third-Party Platforms (collectively the “Third-Party Terms”). In the event of a conflict between these T&Cs and the Third-Party Terms, these T&Cs shall take precedence.
AG1 reserves the right to review Your social media content (the “Content”) and public profile to ensure alignment with our corporate values.
- Affiliate Responsibilities. You represent, warrant, and agree that:
- You are at least 18 years of age and have the legal capacity to enter into this agreement without the assistance or permission of any third party;
- You will not promote AG1’s products if You are pregnant or breastfeeding;
- You have the full right, power, and authority to enter into these T&Cs, grant the rights granted herein, and fully perform your obligations hereunder without violating the rights of any third party;
- You are not a member of any actors’ or performers’ union or guild, or if you are, you have obtained all necessary clearances;
- You will not commit any act that brings AG1 into public disrepute, contempt, scandal, or ridicule, or that insults or offends the general community to which AG1’s advertising is directed;
- You will comply with all applicable laws, regulations, and guidelines (including the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising), and will be solely responsible for such compliance;
- You will clearly and prominently disclose your material connection to AG1 in all Content in accordance with FTC requirements.
- You will comply with all applicable Third-Party Terms (e.g., TikTok’s terms);
- You will not engage in deceptive, fraudulent, misleading, immoral, obscene, or illegal conduct, nor post content that infringes the rights of others, including intellectual property, privacy, or contractual rights;
- You will promptly remove any content associated with AG1 at AG1’s and/or TikTok’s written request, including after termination of your participation in the AG1 Affiliate Program; and
- You will pay any applicable taxes owed on commissions paid to you.
- Content Restrictions. Any Content, including photos and videos, featuring AG1 or AG1’s products must:
- contain at least one (1) of the following FTC disclosure hashtags: #AG1partner, #AGPartner, or #ad
- include at least one (1) brand tag: @drinkAG1;
- be truthful and substantiated and include your honest and truthful opinions and actual experiences;
- be Your original creation with any potential third-party rights secured by written license;
- note if You received the AG1 products for free;
- use any provided fact sheets as guidance for Your post;
- feature AG1 as the sole product advertised in any Content;
- refrain from making any health claims about AG1’s products, including those that do not comply with the federal Dietary Supplement Health and Education Act of 1994 (DSHEA);
- not make structure/function claims (e.g. "supports immunity") unless pre-approved in writing by AG1;
- not include any unsupported or non-compliant claims about AG1’s products;
- not create or promote any false impressions about AG1 products;
- not promote over consumption;
- not include any minors (visually or audibly);
- not include other branding, trademarks, logos, or identifiable IP of others;
- not mention or feature AG1’s competitors or their products;
- not use unlicensed music, video, or media;
- not include nudity, profanity, political statements, or polarizing topics; and
- not include any illegal or inappropriate behavior.
- Termination. AG1 may terminate these T&Cs and Your participation in the AG1 TikTok Affiliate Program at any time, for any reason or no reason, in its sole discretion, including but not limited to: (a) any actual or suspected breach of these T&Cs; (b) if You engage in any conduct that, in AG1’s judgment, is contrary to its best interests or damages its reputation; or (c) if AG1 determines, in its sole discretion, that continued association with You is not desirable. Upon termination, You shall immediately cease any further promotion of AG1 or AG1’s products, and any commission payments shall cease. AG1 also reserves the right to require the removal of any content referencing AG1 or AG1 products from any Third-Party Platform, and to direct the applicable platform to remove such content on AG1’s behalf.
- License. You hereby grant to AG1 a limited, non-exclusive, non-transferable, royalty-free right and license to repost the Content on AG1’s owned and operated TikTok accounts solely for organic promotional purposes related to the AG1 Affiliate Program. This license includes the right to feature any trademarks, name, TikTok handle, voice, image, likeness, and other personal attributes as contained in the Content (“Personality Rights”) as part of such reposts. This license does not include the right to use the Content in paid advertising, outside of TikTok, or on other platforms, unless otherwise agreed in writing. This license shall remain in effect for 12 months from the date the Content is originally posted.
- Confidential Information. You agree to keep strictly confidential all non-public information provided by AG1, including any program materials, creative assets, product information, or guidance shared with You in connection with the AG1 Affiliate Program. These T&Cs and any associated documentation also constitute AG1’s Confidential Information. You may use Confidential Information solely to perform your obligations under these T&Cs and must not disclose it to any third party without AG1’s prior written consent. This obligation survives termination of your participation in the Affiliate Program.
- Indemnification. You agree to defend, indemnify, and hold harmless AG1 and its affiliates, licensors, licensees, and their respective officers, directors, employees, and agents from and against any and all claims, losses, liabilities, damages, costs, and expenses (including attorneys’ fees) arising out of or relating to: (a) your use of any Third-Party Platforms or Content; (b) the development, distribution, or promotion of your profile or Content; (c) your participation in the AG1 Affiliate Program; (d) your breach of these T&Cs, including but not limited to (i) Content that fails to comply with Section 1 (Affiliate Responsibilities), or (ii) violations of the guidelines outlined in Section 2 (Content Restrictions); (e) injuries or property damage resulting from your gross negligence or willful misconduct; (f) failure to pay any taxes, duties, or fees as required by law; (g) misconduct or negligence of your employees, agents, or representatives; or (h) any related acts or omissions, except where caused by AG1’s gross negligence or willful misconduct.
- Disclaimers and Limitations of Liability. NEITHER AG1 NOR ANY OF ITS AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO YOUR CONTENT, THE AG1 AFFILIATE PROGRAM, ANY THIRD-PARTY PLATFORM, OR YOUR USE OF OR PARTICIPATION IN THE AG1 AFFILIATE PROGRAM OR ANY THIRD-PARTY PLATFORM, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, RESULTS, OR ACCURACY. AG1 AND ITS AFFILIATES AND LICENSORS ARE NOT AND WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH ANY LOSS OF PROSPECTIVE COMMISSIONS, PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS; ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH YOUR PARTICIPATION IN THE AG1 AFFILIATE PROGRAM; OR ANY TERMINATION OR SUSPENSION OF YOUR PARTICIPATION IN THE AG1 AFFILIATE PROGRAM. AG1 AND ITS AFFILIATES AND LICENSORS ARE NOT AND WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, USE, OR DATA ARISING OUT OF YOUR PARTICIPATION IN THE AG1 AFFILIATE PROGRAM, EVEN IF AG1 HAD BEEN ADVISED OF THE POSSIBILITY SUCH DAMAGES. AG1’S AGGREGATE LIABILITY ARISING IN CONNECTION WITH THE AG1 AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSION INCOME PAID OR PAYABLE TO YOU UNDER THE AG1 AFFILIATE PROGRAM.
- Independent Contractors. You are an independent contractor, and nothing in these T&Cs creates a partnership, agency, employment, or joint venture with AG1. You have no authority to bind or speak on behalf of AG1, and you must not represent otherwise. You are solely responsible for all costs and obligations arising from your participation in the Affiliate Program, including taxes, insurance, and any required permits or filings. AG1 will not withhold or pay any taxes on your behalf.
- Applicable Law. These T&Cs are governed by New York law. All disputes must be resolved in New York courts. You waive any right to a jury trial.
- Severability. If any provision herein is held invalid, the remainder shall remain in effect.
- Modifications. AG1 may update these T&Cs at any time. Your continued participation signifies acceptance. If unacceptable, your sole remedy is to terminate participation.
- Contact. For any questions regarding the AG1TikTok Affiliate Program, please contact: vip.team@athleticgreens.com. For legal notices related to these Terms and Conditions, contact: legal@drinkAG1.com.