This Affiliate Agreement (the "Agreement") is made by MPA Supplements, LLC. dba MPA Supps® (hereafter referred to as “MPA Supps”), and YOU, as an Affiliate user of the MPA Supps® Affiliate Program ("You", "Your", "Affiliate"). To be an authorized Affiliate of Mpa Supps, you

I. VERIFY THAT YOU ARE 18 YEARS OF AGE OR OLDER

II. VERIFY THAT THE INFORMATION PROVIDED IN YOUR REGISTRATION IS TRUE AND CORRECT

III. VERIFY THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO ABIDE BY THE TERMS AND CONDITIONS CONTAINED HEREIN.

Please read this Agreement carefully before registering and using the MPA Supps Affiliate Program. By signing up for MPA Supps Affiliate Program, you indicate your acceptance of this Agreement and its terms and conditions. If you do not accept this Agreement, do not sign up for the Mpa Supps Affiliate Program.

  

Mpa Supps AFFILIATE PROGRAM IS ONLY AVAILABLE TO INDIVIDUALS THAT ARE 18 YEARS OLD OR OLDER.

Disclaimer: Mpa Supps may use a third party Affiliate management company. Nothing in this Agreement is meant to replace or alter the third parties individual terms and conditions. 

You must submit a completed Program registration/application to begin the enrollment process. Submission of your registration/application to the Mpa Supps Affiliate Program implies acceptance to the terms set forth in this Agreement.

Your registration is the only step necessary for enrollment in the program.  Upon receipt of your registration, we will review the social media channels that can be attributed to you (including, but not limited, to the information provided in your registration. 

We may revoke your registration if, in our sole discretion, we determine for any reason that your content is unsuitable for the Program. Unsuitable content includes, but is not limited to, content that:

Promotes sexually explicit material

Promotes violence or hate towards any persons or groups

Promotes illegal activities

Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

Contains, in our sole judgement, material that is defamatory, fraudulent, or harassing to us or any third party

Is unrelated content that is not a good fit for our brand

Otherwise violates intellectual property rights of Mpa Supps, thereof, according to US and international law and the laws of the State of Washington

Disparage Mpa Supps in any way

Affiliates are prohibited from selling any MPA Supps® products or merchandise.  This includes through personal websites, social media networks and third-party marketplace websites such as eBay, Amazon, Jet, etc.  Violation of this term will result in termination of this agreement and any and all legal remedies that may be available to us.  

Whether or not trademark symbol(s) are included, affiliates are prohibited from using any MPA ® trademark or trade name in social media handles or usernames.  These include, but are not limited to, MPA Supps®, VasoBurn®, Vasodry Professional®, CelluVol® , Pie Fuel®, PharmGrade EAA® , PharmGrade® , PharmGrade Platinum-PA® , IsoSolve® , CortiSolve , Iso Poofs®, Ketoxygen®. Violation of this term will result in termination of this agreement and any and all legal remedies that may be available to us.  Violators will be reported through the appropriate social media channel for copyright infringement.

Regardless of your acceptance in the Program, we may terminate this Agreement for any reason, at any time. The terms of this Agreement and our acceptance criteria are subject to change at any time without prior notice. All decisions for acceptance into the Mpa Supps Affiliate Program will be made within our sole discretion. 

If your status is revoked, you may reapply to the Program after 90 days.  If we are unable to approve your reapplication, or if we revoke your affiliate registration a second time, you will not be eligible to reapply for the Team MPA Program.

Affiliates who have not been approved or have had their registration revoked must not use any of our intellectual property (images, logos, banners) or link to any of our sites or properties.

2.  RESPONSIBILITY OF THE AFFILIATE

As a Program Affiliate, YOU will have the obligation to place codes on YOUR social media platforms a MINIMUM OF 2 TIMES PER WEEK directing users to Mpa Supps site 

Affiliate must make introductory post announcing affiliation with Mpa Supps within five (5) days of acceptance.

Affiliate must promote Mpa Supps using hashtags #mpasupps and #mpastandard.

Mpa Supps will make a available to YOU a public "Affiliate Discount Code" which can be placed on YOUR social media platforms directing users to Mpa Supps, and offering the current discount associated with your code.

Affiliate must complete and return an IRS form W-9 prior to any payment being issued via PayPal.*

3. COMMISSION TERMS AND PAYOUTS

Commission payouts are paid monthly on or around the first business day of each month. Mpa Supps reserves the right to alter payout schedule based on holidays or weekends.

25% off codes are not applicable to certain sale items and merchandise.

Mpa Supps reserves the right to alter what items 25% off codes apply to, without notice

25% off codes may not be used to purchase through ANY affiliate link

25% off codes are for personal, affiliate use ONLY and may not be shared

Mpa Supps reserves the right to lower your current Tier or cancel this Agreement at any time if activity decreases or stops.

Commision payouts are based on gross sales made through YOUR affiliate link(s) and does not include shipping, sales tax, or special services. 

There will be a MINIMUM earned payout balance of $50.00 before any commissions are paid.

4. TIER BREAKDOWNS

Level 1 - All Affiliates enter at this Tier

●     Access to logos and graphics(Dropbox view access only)

●     15% off unique coupon code togive out.

●     25% off PERSONAL USE code(not to be given out)

Level 2 

●     All perks of level 1

●     Access to exclusive MPA Supps ambassador FB group.

●     1 Free supplement and 1 Swag item a month (must maintain 3 orders a month)

Level 3

●     Level 1 and 2 perks

●     2 Free supplements and 1 free swag item (must maintain 3 orders a month)

●     5% commission from all referred sales

Level 4

●     Perks of levels 1 thru 3

●     Access to MPA Supps events and get-togethers

●     Consideration to represent MPA Supps at expos like the Arnold and Olympia

●     Ability to run demos at select MPA Supps retailers.

Level 5

●     All perks from levels 1-4

●     10% commission from all referred sales

●     3 Free Supplements and 3 Swag items a month (must maintain 10 orders a month)

●     Consideration to become an MPA Supps Sponsored athlete.

5.  TERMS OF AGREEMENT

The term of this Agreement will begin upon our acceptance of your Affiliate registration and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause. Upon termination, all MPA Supps related content and links shall be promptly removed from your sites.

6.  RELATIONSHIP TO PARTIES

Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between YOU and MPA Supps. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement online or otherwise, that contradicts anything in this agreement.

MPA Supps makes no representations and warranties regarding potential income that may result from participation in this Affiliate Program and specifically disclaims any and all warranties relative to earning potential from the affiliate status.

Affiliate shall forward all inquiries regarding MPA Supps, MPA Supps products, or affiliate details to MPA Supps.

MPA Suppsreserves the right to use YOUR content for promotional purposes and may post and tag YOU anytime we deem fit.

7.  NON COMPETE

Affiliates will not promote brands in direct competition with MPA Supps on any social media, or created content. This includes, but is not limited to brands specializing in fitness supplements and weight loss supplements.

8.  PROMOTION OF OUR AFFILIATE RELATIONSHIP

EXCEPT AS PERMITTED HEREIN, YOU SHALL NOT AND ARE NOT AUTHORIZED TO (i) USE THE MPA SUPPS® TRADEMARK, NAME OR ANY OF OUR OTHER INTELLECTUAL PROPERTY, INCLUDING WITHOUT LIMITATION,THE LINKS, AND THE TRADEMARKED MATERIALS (OR ANY VARIATIONS OR MISSPELLINGS THEREOF OR OTHER TERM OR TERMS CONFUSINGLY SIMILAR TO ANY OF THE FOREGOING) WITHOUT MPA SUPPS EXPRESS PRIOR WRITTEN PERMISSION;(ii) USE MPA SUPPS IP IN A DOMAIN OR WEBSITE NAME, IN ANY BIDS FOR KEYWORDS OR GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), IN ANY SEARCH ENGINE ADVERTISING (PAID OR OTHERWISE), IN ANY META TAGS, ADVERTISING, SEARCH TERMS, CODE, OR OTHERWISE; (iii) ACT IN ANY WAY THAT CAUSES OR CREATES OR COULD CAUSE OR CREATE ANY “INITIAL INTEREST CONFUSION: OVER THE USE OF MPA SUPPS IP ON THE INTERNET OR IN ANY SEARCH ENGINE ADVERTISING. YOUR USE OF MPA SUPPS IP IN ANY MANNER, OTHER THAN AS EXPRESSLY PERMITTED HEREUNDER SHALL CONSTITUTE UNLAWFUL INFRINGEMENT OF MPA SUPPS INTELLECTUAL PROPERTY RIGHTS, AND MAY SUBJECT YOU TO CLAIMS FOR DAMAGES (INCLUDING POTENTIAL TREBLE DAMAGES FOR KNOWING OR WILFUL INFRINGEMENT), AND THE OBLIGATION TO PAY MPA SUPPS LEGAL FEES AND COSTS IN CONNECTION WITH ANY ACTION OR PROCEEDING IN WHICH MPA SUPPS SEEKS TO ENFORCE ITS RIGHTS UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF MPA SUPPS INTELLECTUAL PROPERTY RIGHTS.

9.  FTC ENDORSEMENT COMPLIANCE

It is the intent of MPA Supps to treat all our customers fairly. Accordingly, we require all MPA Supps Affiliates to comply with applicable laws, regulations and guidelines concerning advertising and marketing, including without limitation, the Federal Trade Commission (FTC) Endorsement Guides, which require that material connections between advertisers and endorsers be disclosed. This means that all Affiliate Sites (e.g. directories, review/rating websites, blogs, and other websites) and any email or collateral that provide an endorsement or assessment of MPA Supps® Products and Services must prominently disclose the fact that you receive compensation for Referred Customers.

MPA Supps reserves the right to withhold Commission Fees and cancel the affiliate relationship with you should we determine, at our sole discretion, that you are not in compliance with the previously mentioned guide or other FTC regulations or guides that we deem relevant.

Please note that this page is only intended to provide guidance. It does not purport to provide legal advice and it does not guarantee that you'll be in compliance with FTC regulations should you follow the suggestions presented. You are advised to seek and obtain your own legal advice on how these rules apply to your website or other promotional activities for which you receive compensation.

10.  FTC DISCLOSURE

Affiliate shall disclose their relationship with MPA Supps whenever discussing or promoting MPA Supps and/or MPA Supps products. This is including but not limited to:

Social media posts (Twitter, Instagram, Facebook, Snapchat, Tumblr, Vero, etc)

Blog posts

Live streaming (Twitch, Mixer, Facebook Gaming, YouTube, Instagram, etc)

Pre Recorded Content (YouTube, Twitch, Podcasts, etc)

If any content contains MPA Supps products, an affiliate link, an affiliate code, or MPA Supps branding, disclosure is required by law.

Disclosure on social media posts can be handled with #ad, #sponsored, #paid in said posts. In videos or live streaming, if affiliate mentions MPA Supps, or it’s products, mention of affiliation with MPA Supps is required.

Any affiliate who fails to legally disclose relationship between themselves and MPA Supps, and said failure results in disciplinary action by the FTC, the affiliate will be solely responsible for any fines and/or legal fees imposed upon MPA Supps.

11.  LIABILITIES

MPA Supps hereby disclaims any and all warranties and liability related to any downtime or failure for users to be able to access its web site or third-party providers website. Furthermore, MPA Supps shall not be responsible for and hereby disclaims any and all warranties related to its website, the Affiliate Program, your participation in the Affiliate Program, or your ability to make any commissions or otherwise profit through the participation in this Affiliate Program, including but not limited to any warranties of fitness for any particular purpose or merchantability non-infringement, or any claim made based upon MPA Supps course of dealing or usage of trade. MPA Supps does not represent or warrant thats its website or third-party providers website will be error free or that they will function without interruption.

MPA Supps shall not be responsible for any direct or indirect damages or liabilities of any nature, including but not limited to incidental, consequential, indirect, or special damages, loss profits, lost business opportunity or any other damages; regardless of whether the owner was or have been advised of the possibility of the same and took no action to prevent the same.

12.  MODIFICATIONS

MPA Supps reserves the right in its sole and absolute discretion, to modify any terms and conditions of the Affiliate Program and the terms and conditions of this Agreement upon notice to YOU. Notice of any changes may be given via email or by posting such changes in the Affiliate Program section of the website. YOU may terminate participation in the Affiliate Program in the event that any of these modifications are unacceptable to YOU. Such termination shall be the sole and exclusive remedy. In the event YOU continues to participate in the Affiliate Program following such modifications, YOU will be deemed by YOUR continued participation to accept any and all such changes

13.  ENTIRE AGREEMENT

This Agreement sets forth the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes any and all prior discussions, understandings, agreements, representations, warranties or covenants between the parties related to the subject matter hereof. This Agreement may only be amended by a writing signed by the authorized representative of each of the parties, except as otherwise set forth herein. Any waiver of a breach or default under this Agreement shall not constitute a waiver of any subsequent or other breach or default and shall not serve to modify the agreements set forth herein.

If any provision or term of this Agreement is held to be invalid for any reason, it shall not affect the enforceability of the remainder of this Agreement or any other term or condition of this Agreement.

*Effective 09/13/2019