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Nature's Bounty Optimal Solutions CafeMom Program Terms & Conditions

Posted by on Dec. 18, 2012 at 10:06 AM
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Below are the Terms & Conditions which all accepted participants in this Nature's Bounty Optimal Solutions have agreed to.

Influencer Participation Agreement

CMI Marketing, Inc., ("CafeMom") is partnering with Nature's Bounty Optimal Solutions ("Advertiser") to create a Community as part of CafeMom's Influencer Program ("Influencer Program") to highlight Advertiser's product(s) Optimal Solutions Products with a retail value of $50 ("Product(s)") on the CafeMom site ("Site"). CafeMom is interested in enlisting various members of the Site, like you, to participate in the Influencer Program as an influencer ("Influencer") who will discuss the Products on the Site or on other social media platforms via blogs, articles, videos, chats, emails and other types of content ("content"). As an Influencer, CafeMom or the Advertiser may provide you with Products to sample in order to create a potential product review, and information about the Products. If you have interest in the Products and/or the information you receive about them, CafeMom and the Advertiser hope you will share this information with others through whatever type of content you create and share at the Site or on other social media platforms. In addition, as an Influencer you may also have the opportunity to distribute coupons, product samples, or other items to your readers.

By clicking "Yes" you hereby agree to receive the Product as part of the Influencer Program which will be sent to you either from CafeMom or directly from the Advertiser (and if directly from Advertiser, you agree to allow CafeMom to provide your name and address to Advertiser for the purpose of such distribution). In order to participate in the Community and in consideration of your receiving the Product you hereby agree to (i) adhere to the instructions provided to you for the Influencer Program, and (ii) the following terms:

  1. When/if you disseminate Product news, reviews, or other information, and when/if you pass on any samples, coupons, or other materials you may receive to your readers, you shall always identify yourself as a member of the Influencer Program who has received the applicable Products, or samples, coupons, services, or other materials free of charge from either CafeMom or the Advertiser. For example, you would say something like the following: "Nature's Bounty sent me a free Optimal Solutions Products through the Influencer Program, hoping that I might write about it." In addition, if you have a material relationship to the Advertiser (e.g., you or a family member are an employee of the Advertiser), you shall disclose that as well.
  2. In addition to always disclosing the fact that you received something free of charge from the Advertiser (whether directly or via CafeMom), you will not make unsubstantiated statements about perceived benefits offered by any of the Products provided to you through the Influencer Program. Though we want you to be open and honest about your own experiences with the Product, unsubstantiated or non-factual statements that cannot be substantiated would violate the law and subject you to potential liability. So, though we encourage you to express your own opinions and reviews, you agree that any non-opinion, factual information you present will be consistent with the information CafeMom or the Advertiser provide you.
  3. You are responsible for any federal state and/or local taxes due as a result of your receipt of the Products regardless of the Product's value. If the retail value of the Products you receive in the Influencer Program are valued at $600 or more (in the aggregate) in any given calendar year you shall provide CafeMom with your social security number prior to receiving the Products for IRS form 1099.
  4. You will be solely responsible for your actions in the course of the Influencer Program, including without limitation, injuries to (or harm suffered by) yourself or others arising out of your use of the Products. On your behalf, and on behalf of your heirs, executors, and administrators, you hereby release CafeMom and the Advertiser, and each of their respective parent, subsidiary and affiliated companies, and their respective officers, directors, agents, representatives and employees (collectively, the "Released Parties"), from any and all actions, claims, injury, loss or damage of any kind, including those related to personal injury or damage to property, (including attorneys fees), arising in any manner, directly or indirectly, from or in connection with your participation in the Influencer Program and/or acceptance, use or misuse of the Products and acknowledge that the Released Parties have not made any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Products.
  5. Membership in the Influencer Program is restricted to legal residents of the United States who are 18 years of age or older, and you confirm that you meet these eligibility requirements. You represent and warrant that (i) you are at least 18 years of age and (ii) you are not a signatory to any union or collective bargaining agreement that may cover the content You may provide hereunder.
  6. CafeMom and Advertiser and each of their successors, licensees, designees and assigns, have the right to link to, independently re-publish (in whole or in part), or otherwise have a perpetual, worldwide, royalty-free, and non-exclusive license to use, reproduce, distribute, modify, edit, display, adapt, create derivative works from and market and promote any statements or other content that you create or post, including without limitation any reviews, articles, suggestions, images, audio content, or video content you may create as an Influencer related to the Products (the "Content"), anywhere, for any commercial purposes, and in any medium now existing or hereinafter developed, (including packaging for Sponsor's products), AND TO USE YOUR NAME, LIKENESS AND ANY PERSONAL INFORMATION YOU SUBMIT IN CONJUNCTION WITH THE CONTENT, WITHOUT YOUR PRIOR APPROVAL OR THE PAYMENT OF ANY COMPENSATION. IN ADDITION, CAFEMOM AND/OR ADVERTISER ARE FREE TO ATTRIBUTE THE CONTENT TO YOU OR YOUR BLOG. If your Content includes references to, or images of, third parties (i.e., someone other than you) or other performances or content provided by third parties, prior to inclusion of such third party content in Content, you shall have all necessary permissions from these third parties to grant the rights to use the Content in this way. In addition, because the Advertiser is providing you with the Products, coupons, information, or other materials via the Community, Advertiser will also have the same rights as CafeMom as referenced herein and the Content, and any ideas or suggestions you provide, may be freely used by the Advertiser and its business partners (or transferred to others) without compensation to you.

NEITHER CAFEMOM NOR ADVERTISER WILL BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE INFLUENCER PROGRAM EVEN IF ADVISED OF (OR KNEW OR SHOULD HAVE KNOWN OF) THE POSSIBILITY OF SUCH DAMAGES. IF ANY PORTION OF THESE LIMITATIONS ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CAFEMOM AND ADVERTISER SHALL NOT EXCEED TEN DOLLARS ($10).

by on Dec. 18, 2012 at 10:06 AM
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