Simple Peptide Affiliate Program Terms and Conditions
Last Updated: 4.4.25
By applying to and participating in the Simple Peptide Affiliate Program (“Program”), you (“Affiliate”) agree to comply with these Terms and Conditions (“Terms”). Simple Peptide (“Company,” “we,” “us,” or “our”) reserves the right to update these Terms at any time without prior notice. Continued participation in the Program constitutes acceptance of the updated Terms.
1. Acceptance of Terms
By participating in the Program, the Affiliate acknowledges that they have read, understood, and agree to be bound by these Terms. If the Affiliate does not agree to these Terms, they must not participate in the Program.
2. Affiliate Responsibilities
2.1. Marketing Practices
- Affiliates must use only marketing materials provided or pre-approved by Simple Peptide.
- Affiliates are prohibited from making unsubstantiated health claims, including but not limited to claims about disease prevention, treatment, or cure.
- Affiliates must comply with all applicable federal, state, and local laws and regulations, including but not limited to:
- Federal Trade Commission (FTC) guidelines on endorsements and testimonials.
- U.S. Food and Drug Administration (FDA) regulations regarding dietary supplements and peptides.
2.2. Prohibited Activities
- Affiliates must not engage in false, misleading, or deceptive advertising.
- Affiliates must not represent themselves as employees or agents of Simple Peptide.
- Affiliates must not use spam, unsolicited emails, or other prohibited forms of marketing.
- Affiliates must not engage in any activity that could harm the reputation of Simple Peptide, including but not limited to posting or promoting hate speech or inappropriate content (see Section 2.3).
2.3. Social Media Conduct and Hate Speech Prohibition
- Affiliates are prohibited from posting, sharing, or promoting hate speech or inappropriate content on any social media platform or other public forums.
- Hate Speech Definition: Any content that advocates, promotes, or incites hatred, violence, or discrimination against individuals or groups based on race, color, religion, gender, sexual orientation, national origin, age, disability, or other protected characteristics.
- Consequences: Violations of this clause may result in immediate termination of the Affiliate’s participation in the Program and may require the Affiliate to indemnify Simple Peptide for any damages arising from such conduct.
2.4. Data Privacy and Security
- Affiliates must comply with all applicable data privacy laws, including but not limited to:
- General Data Protection Regulation (GDPR).
- California Consumer Privacy Act (CCPA).
- Affiliates must not collect, store, or share customer data without explicit consent from the customer.
- If Affiliates process personal data on behalf of Simple Peptide, they must:
- Enter into a Data Processing Agreement (DPA) with Simple Peptide.
- Implement appropriate security measures to protect such data.
- Affiliates are responsible for any data breaches or privacy violations resulting from their actions and must notify Simple Peptide immediately in the event of a breach.
2.5. Documentation and Evidence
- Affiliates must maintain accurate records of all promotional activities, including copies of marketing materials and social media posts.
- Affiliates must make these records available to Simple Peptide upon request for compliance audits or investigations.
3. Compensation and Payment
3.1. Commission Structure
- Affiliates will earn a commission on qualifying purchases made through their unique referral link.
- The commission structure is subject to change at Simple Peptide’s sole discretion, with prior notice provided to the Affiliate.
3.2. Payment Terms
- Payments will be made monthly for commissions exceeding $50 (minimum payout threshold).
- Affiliates are responsible for providing accurate payment information. Simple Peptide is not liable for delayed or missed payments due to incorrect information.
4. Compliance with FDA, FTC, and Health Regulations
4.1. FDA Compliance
- Affiliates must not:
- Make drug claims or state that products diagnose, treat, cure, or prevent any disease.
- Use language that suggests FDA approval unless explicitly stated in provided materials.
4.2. FTC Compliance
- Affiliates must disclose their affiliate relationship with Simple Peptide in a clear and conspicuous manner, as required by FTC guidelines.
4.3. Health Claims
- All health-related statements must be factual, non-misleading, and supported by evidence. Affiliates must refrain from:
- Making unapproved or exaggerated claims.
- Sharing customer testimonials that imply health outcomes without proper substantiation.
4.4. Anti-Kickback and Health Compliance
- Affiliates must comply with all applicable anti-kickback laws, including federal and state statutes, to ensure that payments are not construed as inducements for referrals.
- Affiliate arrangements must meet the requirements of the Personal Services and Management Contract Safe Harbor under the Anti-Kickback Statute, where applicable.
- Affiliates must not offer or receive any remuneration in exchange for referrals or recommendations of Simple Peptide products in violation of these laws.
5. Intellectual Property
- Affiliates are granted a non-exclusive, revocable license to use Simple Peptide’s trademarks, logos, and marketing materials solely for the purpose of promoting Simple Peptide products.
- Affiliates may not modify or create derivative works of Simple Peptide’s intellectual property.
- Affiliates are prohibited from using Simple Peptide’s intellectual property in any context that involves hate speech, inappropriate content, or violates these Terms.
6. Indemnification
Affiliates agree to indemnify, defend, and hold harmless Simple Peptide, its officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including legal fees) arising from:
- Affiliate’s breach of these Terms.
- Affiliate’s violation of any applicable law or regulation, including but not limited to FDA, FTC, GDPR, CCPA, and anti-kickback laws.
- Affiliate’s marketing practices, including false or misleading statements.
- Affiliate’s social media posts, including but not limited to hate speech or inappropriate content.
- Any data privacy breaches or security incidents caused by the Affiliate.
7. Termination
7.1. Termination by Simple Peptide
Simple Peptide reserves the right to terminate the Affiliate’s participation in the Program at any time and for any reason, including but not limited to:
- Breach of these Terms.
- Violation of FDA, FTC, or anti-kickback regulations.
- Conduct that damages Simple Peptide’s reputation, including hate speech or inappropriate social media posts.
- Failure to comply with data privacy laws.
- Immediate Termination: Serious breaches, such as hate speech, data privacy violations, or anti-kickback law violations, will result in immediate termination without notice.
7.2. Termination by Affiliate
Affiliates may terminate their participation in the Program at any time by providing written notice to Simple Peptide.
7.3. Effects of Termination
- Upon termination, the Affiliate must immediately cease all promotional activities and remove any Simple Peptide-related content from their platforms.
- Any unpaid commissions will be forfeited if the termination is due to a breach of these Terms.
8. Limitation of Liability
Simple Peptide is not responsible for:
- Indirect, incidental, or consequential damages arising from the Affiliate’s participation in the Program.
- Actions taken by the Affiliate that result in legal action, penalties, or reputational damage.
9. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of [Your State/Country]. Any disputes arising from this agreement shall be resolved through binding arbitration in [Your Jurisdiction], in accordance with the rules of the American Arbitration Association.
10. Miscellaneous
10.1. Entire Agreement
These Terms constitute the entire agreement between the Affiliate and Simple Peptide regarding the Program and supersede all prior agreements or understandings.
10.2. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
10.3. Waiver
The failure of Simple Peptide to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
11. Acknowledgment
By participating in the Program, the Affiliate acknowledges that:
- They have read and understood these Terms.
- They agree to comply with all applicable laws and regulations.
- They assume all risks associated with their promotional activities.
For questions or additional support, contact us at [email protected].
