Affiliate Program Terms and Conditions

Vivazen Ambassador Program

Terms & Conditions

Effective Date: Mar 3, 2026

These Terms & Conditions (“Agreement”) govern participation in the Vivazen Ambassador Program (“Program”) operated by NDB Distribution, LLC d.b.a.  “Vivazen”  (the “Company”, “Vivazen”, “we”, or “us”). By participating in the Program, you (“Ambassador”, “you”, or “Participant”) agree to comply with this Agreement.

1. Program Overview

The Vivazen Ambassador Program is an invite-only promotional partnership program designed to enable approved individuals to promote Vivazen products using authorized marketing materials.

Participation in the Program is limited to individuals or entities approved by Vivazen. Vivazen reserves the right to approve, deny, suspend, or terminate participation in the Program at its sole discretion.

Participation in the Program does not create an employment, agency, partnership, or joint venture relationship between Vivazen and the Ambassador.

2. Eligibility

To participate in the Program, Ambassadors must:

  • Be at least 21 years of age

  • Operate a website, social media presence, or digital channel approved by Vivazen

  • Successfully complete the Program onboarding process

  • Agree to comply with these Terms & Conditions and all applicable laws and regulations

Vivazen reserves the right to revoke eligibility at any time.

3. Ambassador Responsibilities

Ambassadors agree to promote Vivazen products in a manner that is truthful, responsible, and compliant with applicable advertising laws and regulations.

Ambassadors must:

  • Use only approved messaging and marketing materials provided by Vivazen

  • Submit promotional content for review prior to publication where required

  • Clearly disclose their relationship with Vivazen

  • Avoid misleading or deceptive statements regarding Vivazen products

Ambassadors may not represent themselves as official employees, agents, or spokespeople of Vivazen.

4. Approved Messaging & Content Restrictions

Ambassadors agree to use only Vivazen-approved messaging and marketing materials when promoting Vivazen products.

Ambassadors may not:

  • Modify Vivazen product claims in any way that deviates from Vivazen-approved messaging

  • Interpret the  effects of Vivazen product ingredients on the human body in any way that deviates from Vivazen-approved language

  • Present personal opinions as scientific or medical facts

  • Create and/or publish any messaging or content of any kind which implies medical or pharmaceutical outcomes associated with the Vivazen brand or Vivazen products.

In addition to all required disclosures, prohibited claims and mandatory content review procedures contained in this Agreement, all marketing materials produced and published by the Ambassador must always include the following disclaimer required by the Food, Drug and Cosmetic Act (FD&C Act):

"These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease."

5. Mandatory Content Review

Ambassadors must submit promotional content referencing Vivazen products for review and written approval prior to publication where required by the Program.

Content subject to review shall include, but not be limited to, the following:

  • Blog posts

  • Product reviews

  • Social media posts

  • Video content

  • Email promotions

  • Any other public promotional communication

Content may not be published until approval is provided by Vivazen.

Vivazen reserves the right to request revisions, reject content, or withdraw approval at any time.

6. Prohibited Claims

To ensure compliance with applicable laws, including the FD&C Act, and to protect the integrity of Vivazen’s brand and products, all Ambassadors must adhere strictly to the following content and promotional restrictions. Failure to comply will result in immediate termination of the affiliate relationship and forfeiture of any outstanding commissions. Prohibited content includes, but is not limited to:

  • Disease Claims: You may not state or imply that the product can diagnose, treat, cure, mitigate, or prevent any disease or medical condition.

    • Examples of prohibited claims: "cures diabetes," "prevents heart attacks," "treats arthritis," "lowers high blood pressure," "fights cancer cells."

  • Drug Claims: You may not refer to the product as a "drug" or compare it to any prescription or over-the-counter medication. The product must only be marketed as a dietary supplement intended to support general health and wellness.

  • Unsubstantiated or Misleading Health Claims: You may not make any health or performance claims that are not explicitly stated in official Vivazen’s marketing materials. All statements about the product's efficacy must be truthful, not misleading, and supported by competent and reliable scientific evidence.

  • Claims of Regulatory Approval: You may not state or imply that the product, its ingredients, or any claims made about it are "FDA approved," or endorsed by any government agency. Dietary supplements are not approved by these bodies.

  • Guaranteed Results: You may not guarantee any specific outcome or result within a specific timeframe.

    • Examples of prohibited claims: "lose 10 lbs in 7 days, guaranteed," "we promise you will see results in one week."

  • False or Misleading Testimonials: Any testimonials used must be genuine, from real users, and must not contain any prohibited disease or drug claims. You may not invent testimonials or pay individuals to provide false endorsements.

  • Misrepresentation of Ingredients: You may not make false or misleading statements about the product's ingredients, their source, or their mechanism of action.

In addition to legal compliance listed above, Ambassadors must not create or distribute content that is inconsistent with Vivazen's brand image, values, or marketing strategy. The following activities and content types are prohibited:

  • Negative or "Scare Tactic" Marketing: You may not use fear, alarm, or negativity to promote the product. This includes making exaggerated claims about the dangers of certain conditions or lifestyles to scare consumers into a purchase.

  • Disparagement: You may not make negative or disparaging remarks about competitor brands or products.

  • Price-Focused Promotion: While you may promote official discounts, your marketing content must focus on the product's value and benefits, not solely on it being "cheap" or "discounted." Creating a perception of the brand as a low-cost or bargain product is prohibited.

  • Unauthorized Promotions: You may not promote any coupons, discounts, or special offers that have not been explicitly provided to you through the official affiliate program. You may not use phrases like "lowest price" or "cheapest deal."

  • Brand Impersonation: You may not create websites, social media profiles, or advertisements that could mislead consumers into believing they are interacting directly with Vivazen employees, officers or directors. This includes using the Vivazen brand name in your domain name or social media handle without permission.

  • Spam and Unsolicited Communications: You may not engage in any form of spam, including unsolicited bulk emails, comment spam on blogs or forums, or unsolicited social media messages. All marketing must comply with anti-spam legislation.

  • Inappropriate Association: You may not place promotional content on websites or platforms that contain or promote sexually explicit materials, violence, discrimination, hate speech, illegal activities, or any other content deemed offensive or inappropriate in the sole discretion of Vivazen.

  • Paid Search Restrictions: You may not bid on Vivazen’s trademarked terms, or any variations or misspellings thereof, in any pay-per-click (PPC) search engine campaign (e.g., Google Ads, Bing Ads).

  • Use of "Scam" or "Fraud" Keywords: You may not associate the Vivazen brand name with negative keywords such as "scam," "fraud," "warning," or "complaint" in your content or advertising, even if the intent is to create a "review" that ultimately refutes such claims.

7. FTC Disclosure Requirements

All Ambassadors must clearly and conspicuously disclose their relationship with Vivazen in all promotional materials. Such disclosure shall include:

  • Receiving a commission or payment for sales generated through your affiliate links.

  • Receiving free products for review.

  • Having a business, family, or personal relationship with the seller.

  • Clarity of Disclosure: Disclosures must use simple, unambiguous language that consumers understand.

    • Acceptable examples include: "I get commissions for purchases made through links in this post," using a text caption in a video that says "(Paid Ad)," "#Ad," or "#Sponsored."

    • UNACCEPTABLE examples include: "Affiliate link," "I partner with brands," or vague statements hidden on a "Legal" or "Disclosure" page of an Ambassador’s website or blog.

  • Conspicuousness of Disclosure: Disclosures must be placed where consumers are likely to see them.

    • Appear before the consumer clicks the affiliate link.

    • Not be buried in a footer, terms of service, or at the bottom of a long article.

    • On social media, appear at the beginning of the post, ideally within the first three lines on platforms that truncate text (e.g., Instagram).

    • In videos (e.g., YouTube, TikTok), be made verbally and with a clear text overlay within the video, in addition to the video description. A description-only disclosure is insufficient.

    • Use an easy-to-read font, colour, and size, not hidden against a distracting background.

Failure to provide the disclosure required in this Section 7 of this Agreement will result in the Ambassador being removed from the Program.

8. Approved Traffic Sources

Ambassadors may promote Vivazen products using only the tracking links or promotional tools provided through the Program.

Ambassadors must not:

  • Create independent product sales pages

  • Create independent checkout experiences

  • Operate paid search campaigns referencing Vivazen

  • Operate paid social advertising promoting Vivazen products

  • Use misleading redirects or deceptive traffic practices

All product purchases must occur through Vivazen-controlled websites.

9. Monitoring & Compliance

Vivazen reserves the right to monitor Ambassador promotional activity at any time to ensure compliance with these Terms.

Monitoring may include review of:

  • Websites

  • Social media content

  • Email communications

  • Video platforms

  • Affiliate link activity

Ambassadors agree to cooperate with reasonable compliance requests made by Vivazen.

10. Violations & Enforcement

If Vivazen determines that an Ambassador has violated this Agreement, Vivazen may take one or more of the following actions:

  • Request removal or correction of non-compliant content

    Temporarily disable affiliate tracking links

  • Suspend commission payments

  • Terminate participation in the Program

Vivazen reserves the right to take enforcement action at its sole discretion.

11. Commission Eligibility

Ambassadors may earn commissions for qualifying purchases generated through approved referral links.

Vivazen reserves the right to withhold or revoke commissions associated with:

  • Non-compliant promotional activity

  • Misleading or deceptive marketing practices

  • Violations of this Agreement

Commission structures and payment terms will be communicated separately through the Program platform.

12. Termination

Vivazen may terminate an Ambassador’s participation in the Program at any time for any reason, including violations of these Terms.

Upon termination:

  • All affiliate links will be disabled

  • Promotional use of Vivazen materials must cease

  • Outstanding commissions may be reviewed or withheld where violations occurred

13. Limitation of Relationship

Participation in the Program does not create any employment, partnership, agency, or joint venture relationship between Vivazen and the Ambassador.

Ambassadors act as independent promotional partners and have no authority to bind Vivazen in any agreement.

14. Limitation of Liability

Ambassador Responsibility and Compliance

The Ambassador is an independent contractor and is solely responsible for the content, manner, and legality of its marketing activities. The Company may, from time to time, provide the Affiliate with guidance, best practices, or informational materials concerning compliance with applicable laws, including but not limited to regulations and guidelines issued by the Federal Trade Commission (FTC) and the Food and Drug Administration (FDA) regarding testimonials, endorsements, and claims about dietary supplements. The Affiliate acknowledges that any such guidance is provided for informational purposes only, does not constitute legal advice, and does not relieve the Ambassador of its independent obligation to ensure its full compliance with all applicable laws, rules, and regulations. The Company shall have no liability whatsoever for any acts, omissions, statements, or representations made by the Ambassador in connection with this Agreement or the promotion of the Company's products.

Exclusion of Consequential and Other Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO THE AMBASSADOR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE AFFILIATE'S PARTICIPATION IN THE PROGRAM, OR THE AFFILIATE'S INABILITY TO USE THE COMPANY'S SERVICES.

Limitation of Aggregate Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO THE AMBASSADOR FOR ANY AND ALL CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, FROM ALL CAUSES OF ACTION AND THEORIES OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF COMMISSIONS PAID BY THE COMPANY TO THE AMBASSADOR UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.

Indemnification

The Ambassador agrees to indemnify, defend, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, and agents from and against any and all third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and costs) arising out of or in any way connected with:

  1. any breach by the Ambassador of its representations, warranties, or obligations under this Agreement;

  2. any act, omission, negligence, or wilful misconduct of the Ambassador or its employees or agents;

  3. any content, materials, or statements published or disseminated by the Ambassador that are not in strict compliance with the Company's guidance or applicable law; or

  4. any failure by the Ambassador to comply with any applicable laws, rules, or regulations, including without limitation, those of the FTC and FDA.

Basis of the Bargain

The Affiliate and the Company each acknowledge and agree that the limitations of liability and the allocation of risk set forth in this Section 14 are essential elements of this Agreement, without which the Company would not have entered into this Agreement. The limitations set forth in this Section 14 shall apply notwithstanding any failure of the essential purpose of any limited remedy.

15. Indemnification

The Ambassador shall indemnify, defend, and hold harmless the Company, its parent companies, subsidiaries, and affiliates, and their respective directors, officers, employees, agents, successors, and assigns (collectively, the "Company Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, liabilities, losses, damages, judgments, settlements, costs, and expenses, including reasonable legal fees (collectively, "Claims"), arising out of or in connection with:

  1. any breach by the Ambassador of any representation, warranty, covenant, or obligation under this Agreement;

  2. any act of negligence, wilful misconduct, or omission by the Ambassador or its employees or agents in the performance of its obligations under this Agreement;

  3. any violation of any applicable law, statute, ordinance, or regulation by the Ambassador, including, without limitation, the Federal Trade Commission Act (FTC Act), the Federal Food, Drug, and Cosmetic Act (FD&C Act), and any associated regulations, guidelines, or enforcement policies concerning advertising, endorsements, testimonials, and claims made in relation to dietary supplements;

  4. any content, materials, advertisements, or statements published, disseminated, or otherwise used by the Ambassador in connection with this Agreement that were not expressly provided or pre-approved in writing by the Company; and

  5. any claim that the Ambassador’s marketing materials, content, or conduct infringes upon or misappropriates the intellectual property, privacy, or other proprietary rights of any third party.

Sole Responsibility of the Ambassador. For the avoidance of doubt, the Ambassador acknowledges and agrees that it is solely responsible for its compliance with all applicable laws. Any guidance, training, or materials provided by the Company regarding regulatory compliance, including but not limited to FTC and FDA regulations, is for informational purposes only and does not constitute legal advice. The provision of such guidance shall not in any way limit, reduce, or waive the Ambassador’s obligations under this section, nor shall it create any liability or responsibility on the part of the Company for the Ambassador’s acts or omissions.

16. Modification of Terms

Vivazen reserves the right to update or modify these Terms & Conditions at any time.

Continued participation in the Program constitutes acceptance of any updated Terms.

17. Governing Law

This Agreement will be governed by and construed in accordance with the laws of the State of Delaware and the Federal Laws of the United States, and the parties agree that all disputes arising hereunder will be referred to and settled in a State or Federal court in Salt Lake County, Utah. s.

For any queries, please email info@vivazen.com.