Betterbrand Open Affiliate Program Terms and Conditions

The Better Brand Inc. Open Affiliate Program (the “Program”)

Terms and Conditions for TikTok Shop Creators

By clicking the “Add Products” button or otherwise participating in the Program, you (“You”, or “Creator”) agree to these The Better Brand Inc. (“We”, “Us”, or “The Better Brand Inc.”) Open Affiliate Terms and Conditions (the “The Better Brand Inc. Terms”) governing Your participation in the The Better Brand Inc. Open Affiliate Program on TikTok. These The Better Brand Inc. Terms are separate from TikTok Shop’s Creator Terms of Use. TikTok Shop’s Creator Terms of Use govern Your relationship with TikTok, while these The Better Brand Inc. Terms, in addition to TikTok Shop’s Creator Terms of Use, govern the relationship between You and The Better Brand Inc. We reserve the right to conduct a review of the materials You post on any social media platform and any public data available about You.

These The Better Brand Inc. Terms shall take precedence when a conflict arises between topics covered in these The Better Brand Inc. Terms and TikTok Shop’s Creator Terms of Use.

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 THESE THE BETTER BRAND INC. TERMS. IN ADDITION, IF THESE THE BETTER BRAND INC. TERMS ARE BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THESE THE BETTER BRAND INC. 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 THESE THE BETTER BRAND INC. TERMS.

These The Better Brand Inc. Terms include a provision waiving the right to pursue any class, group, or representative claim and requiring You and Us to pursue certain disputes through individual arbitration.

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

You must comply with these The Better Brand Inc. Terms to participate in the Program and receive commission income. However, We do 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 We will not be liable for any actions You undertake based on Your expectations.

You must promptly provide Us with any information that We request to verify Your compliance with these The Better Brand Inc. Terms.

You agree that You will, throughout Your participation in the Program, uphold the following advertising requirements for The Better Brand Inc.:

 

 

Advertising Requirements

  • Only make claims that are accurate, verifiable, and published on The Better Brand Inc. FAQ or official materials.

  • Do not make health claims that extend beyond the brand’s stated benefits.

  • Avoid comparing or referencing pricing on TikTok Shop to prices at other retailers.

  • Ensure all pricing information shown is accurate and not misleading.

If You violate these The Better Brand Inc. Terms, in addition to any other rights or remedies available to Us, We reserve the right to direct TikTok to permanently (to the extent permitted by applicable law) cease payment of— and You agree that You will not be eligible to receive—any commission income attributable to this Program under these terms and TikTok Shop’s Creator Terms of Use, whether or not directly related to the violation, and without notice and without prejudice to any right of The Better Brand Inc. to recover damages.

 

 

Term and Termination

We may terminate Your participation in the Program at any time for any reason, including but not limited to:

(a) You are in material breach of these The Better Brand Inc. Terms,
 (b) We believe that We may face potential claims or liability in connection with Your participation in the Program,
 (c) We believe our brand or reputation may be tarnished by You or in connection with Your participation,
 (d) Your participation has been used for deceptive, fraudulent, or illegal activity, or
 (e) We have terminated the Program as We generally make it available to participants.

 

 

Disclaimers

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND—EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE—WITH RESPECT TO THE PROGRAM, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY LAW, CUSTOM, COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH:

(X) ANY LOSS OF PROSPECTIVE COMMISSIONS, PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS,
 (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, or
 (Z) ANY TERMINATION OR SUSPENSION OF YOUR PARTICIPATION IN THE PROGRAM.

 

 

Limitations on Liability

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA ARISING IN CONNECTION WITH THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSION INCOME PAID OR PAYABLE TO YOU UNDER THESE TERMS IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE MOST RECENT CLAIM. YOU WAIVE ANY RIGHT TO SEEK SPECIFIC PERFORMANCE, INJUNCTIVE, OR OTHER EQUITABLE RELIEF. NOTHING IN THIS PARAGRAPH WILL LIMIT LIABILITIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.

 

 

Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY FOR ANY MATTER DIRECTLY OR INDIRECTLY RELATING TO THE CREATION, MAINTENANCE, OR OPERATION OF YOUR TIKTOK CHANNEL(S) (INCLUDING YOUR USE OF ANY TIKTOK SERVICE), OR YOUR VIOLATION OF THESE TERMS, AND YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR AFFILIATES AND LICENSORS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES, HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEY FEES) RELATING TO:

(A) YOUR TIKTOK CHANNEL(S) OR ANY MATERIALS THEREON,
 (B) THE USE, DEVELOPMENT, ADVERTISING, PROMOTION, OR MARKETING OF YOUR CHANNELS OR CONTENT,
 (C) YOUR PARTICIPATION IN THE PROGRAM,
 (D) YOUR VIOLATION OF ANY TERM OF THESE TERMS,
 (E) YOUR TAXES OR DUTIES, OR THE FAILURE TO MEET OBLIGATIONS, or
 (F) YOUR OR YOUR REPRESENTATIVES’ NEGLIGENCE OR WILLFUL MISCONDUCT.

 

 

Independent Contractors

You and We are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between You and Us. You are not authorized to make or accept offers on our behalf. If You authorize or assist another person to take any action related to these Terms, You will be deemed to have acted Yourself.

 

 

Mutual Arbitration

All disputes related to The Better Brand Inc.—whether for breach of contract, negligence, or other tort—will be arbitrated under American Arbitration Association (AAA) rules in Texas. Arbitrators will decide all issues, including arbitrability. Discovery will be limited. No punitive or special damages shall be awarded. Proceedings will remain confidential, and each party bears its own costs. If You cannot afford the AAA fee, You agree to notify the other party and provide them a chance to cover it. The decision shall be final and binding.

 

 

Applicable Law

These Terms are governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of Texas, without regard to conflict-of-law rules. Arbitration or court proceedings must be in Texas. If a provision is invalid in a jurisdiction, it will be deemed non-applicable there only.

 

 

Modifications

We reserve the right to modify these Terms at any time by posting a change notice or updated Terms. The effective date is the date the notice is posted. Continued participation after that date means Your acceptance. If You object to any change, Your sole option is to terminate Your participation in the Program.