1. Acceptance of Terms

These Affiliate Program Terms and Conditions ("Agreement") constitute a legally binding agreement between ProSupps USA, LLC ("ProSupps," "Company," "we," "us," or "our") and the individual or entity ("Affiliate," "you," or "your") applying to participate in the ProSupps Affiliate Program (the "Program"). By submitting an affiliate application, clicking "I Agree," or otherwise participating in the Program, you accept and agree to be bound by this Agreement, our Privacy Policy, and our general website Terms of Service, each of which is incorporated herein by reference. If you do not agree to these terms, do not apply to or participate in the Program.

2. Program Description

The Program allows approved Affiliates to promote ProSupps products sold at www.prosupps.com, www.prosupps.mx, and www.prosupps.eu in exchange for a commission on qualifying sales generated through the Affiliate's unique tracking link, code, or creative assets. The Program is administered through Refersion, Inc. ("Refersion"), a third-party affiliate tracking and management platform. By participating in the Program, you also agree to comply with Refersion's applicable terms of use to the extent they govern the tracking platform itself.

ProSupps may offer the Program through additional or alternative affiliate networks or platforms in the future, and reserves the right to migrate Affiliates between platforms upon reasonable notice.

3. Eligibility

To participate in the Program, you must:

•     Be at least 18 years of age and have the legal capacity to enter into a binding contract;

•     Own or operate a website, blog, social media account, email list, or other media property that complies with this Agreement and does not contain unlawful, infringing, defamatory, obscene, or otherwise objectionable content;

•     Complete the affiliate application and be approved by ProSupps in its sole discretion;

•     Not be a current or former ProSupps employee, contractor, or immediate family member of the same, unless separately authorized in writing; and

•     Comply with all applicable federal, state, and local laws, including FTC guidelines on endorsements and testimonials, as described in Section 9.

ProSupps reserves the right to accept or reject any application, and to suspend or terminate any Affiliate account, in its sole discretion and without liability.

4. Affiliate Links, Tracking, and Cookies

Upon approval, Affiliate will receive a unique tracking link and/or coupon code through Refersion. Sales are tracked using cookies and/or last-click attribution with a tracking window of [30] days from the date of a qualifying click, unless otherwise stated in your affiliate dashboard. ProSupps is not responsible for tracking failures caused by an end user's browser settings, ad blockers, cleared cookies, cross-device shopping, or issues with the Refersion platform or other third-party services.

Affiliate is solely responsible for accurately and conspicuously displaying tracking links or codes and may not alter, mask, cloak, or misrepresent the destination of any tracking link.

5. Commissions

Approved Affiliates earn a commission of 10% of the Net Sales Amount for each qualifying sale properly tracked through the Program, unless a different rate is agreed in writing (e.g., for a specific promotion or influencer arrangement). "Net Sales Amount" means the final sale price actually paid by the customer, excluding taxes, shipping and handling charges, gift wrapping, duties, and any amounts later refunded, credited, or charged back.

No commission will be paid on:

•     Orders that are canceled, returned, refunded, or subject to a chargeback or fraud dispute;

•     Purchases made by the Affiliate for their own personal use (self-referrals);

•     Orders placed using a coupon, discount, or promotional code not authorized for the Program;

•     Sales attributed through fraudulent, abusive, or otherwise prohibited means as described in Section 11; or

•     Wholesale, bulk, or business-to-business orders placed outside the standard checkout flow, unless otherwise agreed in writing.

Commission rates, product eligibility, and bonus incentives may be modified by ProSupps at any time upon reasonable notice, and such changes will apply prospectively to sales occurring after the effective date of the change.

6. Payments

Commissions are calculated and made available in your Refersion dashboard on a monthly basis and are typically paid within 30 days after the close of the applicable period, provided your account has reached the minimum payment threshold of $50.00. Payments below the threshold will roll over to the following period. ProSupps reserves the right to hold or delay payment on any commission pending investigation of suspected fraud, invalid traffic, or a customer return/chargeback window.

Payments will be issued via [PayPal / direct deposit / other method supported by Refersion], in U.S. dollars, to the payment details you provide. You are responsible for any fees charged by your payment provider. U.S.-based Affiliates who earn $600 or more in a calendar year must provide a valid Form W-9, and ProSupps will issue an IRS Form 1099-NEC as required by law. Non-U.S. Affiliates may be required to submit appropriate tax documentation (e.g., Form W-8BEN). Affiliate is solely responsible for reporting and paying any taxes owed on commissions earned.

7. Marketing Materials and Trademark License

ProSupps grants Affiliate a limited, non-exclusive, non-transferable, revocable license to use ProSupps-provided logos, product images, banners, and approved marketing copy (collectively, "Marketing Materials") solely for the purpose of promoting ProSupps products through the Program during the term of this Agreement. This license does not grant any ownership interest in ProSupps' trademarks, copyrights, or other intellectual property.

Affiliate may not:

•     Alter, distort, or create derivative works from the Marketing Materials without prior written approval;

•     Use ProSupps' name, trademarks, or Marketing Materials in a manner that implies a partnership, sponsorship, or endorsement beyond the scope of this Agreement;

•     Bid on, purchase, or use ProSupps' brand name or trademarks (or confusingly similar variants or misspellings) as paid search keywords, in domain names, or in social media handles; or

•     Register any domain name, social media account, or app that incorporates ProSupps' trademarks or a confusingly similar term.

All goodwill arising from use of ProSupps' trademarks inures solely to the benefit of ProSupps. This license terminates automatically upon termination of this Agreement.

8. Content, Advertising, and Disclosure Requirements

Affiliate agrees that all promotion of ProSupps products will be truthful, not misleading, and compliant with applicable law, including the FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising. In particular, Affiliate must:

•     Clearly and conspicuously disclose their material connection to ProSupps in or near any endorsement, post, video, or link (e.g., "#ad," "#affiliate," or "I earn a commission on purchases made through this link"), placed where a reader cannot miss it;

•     Not make any claim that a ProSupps product can diagnose, treat, cure, mitigate, or prevent any disease, and not make any express or implied claim beyond those found in ProSupps' own official, FDA-compliant marketing materials — dietary supplement claims are subject to strict regulation under the FD&C Act and DSHEA;

•     Not make comparative, health, safety, or performance claims that are not substantiated by, and consistent with, ProSupps' official product descriptions;

•     Not engage in spam, unsolicited bulk email, or any communication that violates the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), or similar laws;

•     Not target, or knowingly permit content to be directed at, children under the age of 13 (or the applicable age of consent under COPPA or similar laws); and

•     Not use incentivized traffic (e.g., "click this link and I get a reward"), cashback, rewards, browser-extension/coupon-injection, or loyalty-point offers to drive sales without ProSupps' prior written approval.

9. Prohibited Activities and Fraud

Without limiting the foregoing, the following are strictly prohibited and constitute grounds for immediate termination and forfeiture of unpaid commissions:

•     Cookie stuffing, forced clicks, pop-ups/pop-unders, or any technique that generates a tracking event without a genuine, voluntary user action;

•     Use of bots, scripts, automated traffic, or click farms to generate clicks or sales;

•     Self-referrals or referrals on behalf of friends/family intended to generate commissions on purchases that would have occurred regardless of the referral;

•     Any form of trademark infringement, phishing, malware distribution, or impersonation of ProSupps or its personnel; and

•     Providing false application information or misrepresenting traffic sources, audience, or promotional methods.

ProSupps may, in its sole discretion, withhold, reverse, or reclaim any commission resulting from prohibited activity, and may pursue any other remedy available at law or in equity.

10. Relationship of the Parties

Affiliate participates in the Program as an independent contractor. Nothing in this Agreement creates an employment, agency, partnership, joint venture, or franchise relationship between the parties. Affiliate has no authority to bind ProSupps or make representations on ProSupps' behalf, and is solely responsible for its own business expenses, taxes, insurance, and legal compliance.

11. Term and Termination

This Agreement remains in effect until terminated by either party. Affiliate may terminate participation at any time by ceasing use of the Program and providing written notice. ProSupps may suspend or terminate Affiliate's participation, with or without cause and with or without notice, at any time in its sole discretion, including for a breach of this Agreement, prolonged inactivity, or reputational concerns.

Upon termination: (a) Affiliate's license to use the Marketing Materials and trademarks immediately ends; (b) Affiliate must promptly remove all tracking links, banners, and references implying an ongoing relationship with ProSupps; and (c) ProSupps will pay any properly earned, unpaid commissions that are not subject to a pending fraud or chargeback review, in accordance with the standard payment schedule. Sections relating to intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and governing law survive termination.

12. Confidentiality

Affiliate agrees to keep confidential any non-public information disclosed by ProSupps in connection with the Program, including commission rates, promotional strategies, and performance data, and to use such information solely for purposes of performing under this Agreement.

13. Disclaimers; Limitation of Liability

THE PROGRAM, THE REFERSION PLATFORM, AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PROSUPPS DOES NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE TRACKING, ANY MINIMUM LEVEL OF TRAFFIC, SALES, OR COMMISSIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, PROSUPPS' TOTAL LIABILITY TO AFFILIATE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PROGRAM SHALL NOT EXCEED THE TOTAL COMMISSIONS PAID TO AFFILIATE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL PROSUPPS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Indemnification

Affiliate agrees to indemnify, defend, and hold harmless ProSupps, its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Affiliate's breach of this Agreement; (b) Affiliate's promotional content, claims, or conduct; or (c) Affiliate's violation of applicable law or a third party's rights.

15. Modification of Terms

ProSupps may modify this Agreement at any time by posting the revised terms on its website or affiliate dashboard, or by notifying Affiliate through the Program platform or by email. Continued participation in the Program after such changes take effect constitutes acceptance of the revised Agreement. If Affiliate does not agree to the changes, Affiliate's sole remedy is to terminate participation in the Program.

16. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. The parties agree that any dispute arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Texas, and each party consents to the personal jurisdiction of such courts. [Optional: The parties may instead agree to resolve disputes through binding arbitration administered by the American Arbitration Association; insert an arbitration clause here if desired.]

17. Miscellaneous

This Agreement, together with the Privacy Policy and website Terms of Service, constitutes the entire agreement between the parties regarding the Program and supersedes any prior agreements or understandings. If any provision of this Agreement is held unenforceable, the remaining provisions will remain in full force and effect. ProSupps' failure to enforce any provision is not a waiver of its right to do so later. Affiliate may not assign this Agreement without ProSupps' prior written consent; ProSupps may assign this Agreement freely in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control.

18. Contact Information

Questions about the Program or this Agreement may be directed to: ProSupps USA, LLC, Attn: Affiliate Program, [email protected].

1. Introduction and Scope

ProSupps USA, LLC ("ProSupps," "we," "us," or "our") respects your privacy and is committed to protecting the personal information of our customers, website visitors, and affiliate program participants. This Privacy Policy explains what information we collect, how we use and share it, and the choices and rights available to you. This Policy applies to www.prosupps.com, our mobile experiences, our customer service interactions, and our affiliate/referral program operated through Refersion, Inc. ("Refersion") (collectively, the "Services").

By using our Services, you agree to the collection and use of information as described in this Policy. If you do not agree, please discontinue use of the Services.

2. Information We Collect

We collect the following categories of information:

•     Identifiers and contact information: name, email address, mailing address, phone number, and account login credentials;

•     Order and transaction information: products purchased, order history, promo/discount codes used, and payment confirmation details (full card numbers are processed by our third-party payment processor and are not stored by us);

•     Health and fitness preferences you voluntarily provide, such as fitness goals, dietary preferences, or product reviews (we do not require, and ask that you not submit, sensitive medical information beyond what is necessary to receive customer support);

•     Device and usage data: IP address, browser type, operating system, referring URLs, pages viewed, and interactions with our site, collected automatically through cookies and similar technologies;

•     Affiliate and referral data: if you are an affiliate, your application details, website/social media information, tax and payment information (e.g., W-9/W-8), and performance metrics such as clicks, referrals, and commissions, processed through Refersion; and

•     Communications: information you provide when you contact customer service, enter a promotion, sign up for emails/SMS, or otherwise communicate with us.

3. How We Collect Information

We collect information: (a) directly from you when you create an account, place an order, apply to the affiliate program, subscribe to communications, or otherwise interact with us; (b) automatically through cookies, pixels, and similar tracking technologies as you use our Services; and (c) from third parties, including our affiliate platform (Refersion), payment processors, shipping and fulfillment partners, marketing and analytics providers, and, where you engage with us through them, social media platforms.

4. Cookies and Tracking Technologies

We and our service providers use cookies, web beacons, and similar technologies to operate our site, remember your preferences, analyze site traffic, and measure the effectiveness of marketing, including affiliate referrals. This includes:

•     Essential cookies required for core site functionality (e.g., shopping cart, account login);

•     Affiliate tracking cookies placed via Refersion, which attribute a purchase to the affiliate whose link or code you used, typically for a period of [30] days from your last click;

•     Analytics cookies (e.g., Google Analytics) that help us understand how visitors use our site; and

•     Advertising and retargeting pixels (e.g., Meta Pixel, TikTok Pixel) that help us and our advertising partners measure and deliver relevant ads.

You can control cookies through your browser settings, and where required by law, through a cookie-consent banner on our site. Disabling cookies may affect site functionality, including your ability to complete a purchase or receive affiliate attribution. Our Services do not currently respond to "Do Not Track" browser signals, except where required by applicable state law (see Section 9).

5. How We Use Your Information

We use the information we collect to:

•     Process and fulfill orders, including payment processing, shipping, and customer service;

•     Create and manage your account and, if applicable, your affiliate profile;

•     Calculate, track, and pay affiliate commissions through Refersion;

•     Send transactional communications (order confirmations, shipping updates) and, with your consent where required, marketing communications, promotions, and product recommendations;

•     Operate, maintain, and improve our website, products, and services, including through analytics;

•     Detect, investigate, and prevent fraud, abuse, and security incidents (including affiliate fraud such as cookie stuffing or self-referrals); and

•     Comply with legal obligations, enforce our terms, and respond to lawful requests from public authorities.

6. How We Share Your Information

We do not sell your personal information to third parties for money. We may share information with:

•     Service providers who perform functions on our behalf, including Refersion (affiliate tracking and payouts), payment processors, order fulfillment and shipping carriers, email/SMS marketing platforms, customer support tools, and web hosting/analytics providers;

•     Affiliates, but only in aggregate or de-identified form (e.g., total sales attributed to their link) — we do not share a customer's personal contact information with the affiliate who referred them;

•     Professional advisors (lawyers, accountants, auditors) as needed;

•     A successor entity in connection with a merger, acquisition, financing, or sale of assets; and

•     Law enforcement, regulators, or other third parties when required by law, subpoena, or legal process, or to protect the rights, property, or safety of ProSupps, our customers, or others.

Some of these disclosures may be considered a "sale" or "share" of personal information under certain state laws solely because they involve advertising cookies/pixels; see Section 9 for your opt-out rights.

7. Affiliate Program Data (Refersion)

If you participate in our affiliate program, Refersion collects and processes information on our behalf, including your name, email address, website/social handles, tax identification and payment details, and performance data (clicks, orders, commissions). This data is used solely to administer the affiliate program, calculate and issue payments, and to comply with applicable tax reporting obligations (e.g., IRS Form 1099-NEC for U.S. affiliates earning $600 or more per year). Refersion's own privacy practices, to the extent they independently process your data as a service provider, are described at Refersion's website.

8. Third-Party Links and Services

Our Services may contain links to third-party websites, including affiliate-operated content, social media platforms, and payment processors. We are not responsible for the privacy practices of third parties, and we encourage you to review their privacy policies before providing personal information to them.

9. Your Privacy Rights and Choices

Depending on your location, you may have some or all of the following rights regarding your personal information: the right to know/access what personal information we hold about you; the right to request correction of inaccurate information; the right to request deletion of your personal information; the right to opt out of marketing communications; and the right to opt out of the "sale" or "sharing" of personal information (including for cross-context behavioral/targeted advertising) and of certain automated decision-making, where applicable.

California, Colorado, Connecticut, Texas, Virginia, and a growing number of other U.S. states have enacted comprehensive privacy laws (e.g., the California Consumer Privacy Act as amended by the CPRA, and the Texas Data Privacy and Security Act) that give their residents rights along these lines. To exercise any of these rights, contact us at [email protected] or use the "Do Not Sell or Share My Personal Information" link in our website footer, if applicable. We will not discriminate against you for exercising your privacy rights. We may need to verify your identity before completing certain requests.

Marketing emails include an unsubscribe link, and marketing text messages may be stopped by replying "STOP." You may still receive transactional messages related to your orders.

10. International Users

Our Services are hosted in the United States and intended primarily for U.S. customers and affiliates. If you access our Services from outside the United States, including from the European Economic Area or United Kingdom, please be aware that your information will be transferred to, stored, and processed in the United States, where privacy laws may differ from those in your jurisdiction. If you are located in a region with its own data protection law (e.g., the GDPR), you may have additional rights, and you may contact us to make a request.

11. Children's Privacy

Our Services are not directed to, and we do not knowingly collect personal information from, children under the age of 13 (or under 16 where required by applicable state law), and our affiliate program is only open to individuals 18 years of age or older. If we learn that we have collected personal information from a child in violation of this Policy, we will take steps to delete it.

12. Data Retention

We retain personal information for as long as necessary to fulfill the purposes described in this Policy, including to provide our Services, comply with legal, tax, and accounting obligations, resolve disputes, and enforce our agreements. Affiliate tax and payment records, for example, are generally retained for the period required by applicable tax law.

13. Data Security

We use commercially reasonable administrative, technical, and physical safeguards designed to protect personal information from unauthorized access, use, or disclosure. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.

14. Changes to This Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or applicable law. We will post the revised Policy on this page with an updated "Effective Date." Material changes may be communicated through additional notice, such as an email or website banner.

15. Contact Us

If you have questions about this Privacy Policy or wish to exercise your privacy rights, please contact us at: ProSupps USA, LLC, [email protected].