AFFILIATE MARKETING PROGRAM AGREEMENT

This Affiliate Marketing Program Agreement ("Agreement") is made and entered into as of the first date of any registration as an Affiliate with Company or any access or use of Company’s Affiliate Program resources described below (the "Effective Date") between Threshold Enterprises Ltd., a Delaware corporation with offices located at 23 Janis Way, Scotts Valley, CA 95066 ("Company"), and "Affiliate".

Acceptance of this Agreement: By registering for Company’s Affiliate Marketing Program, accessing, or using Company's websites, network, services, tools, technology, or any other proprietary materials provided by Company (collectively, the "Service"), Affiliate agrees to be bound by this Agreement and all terms and conditions contained and incorporated herein. If Affiliate does not agree to be bound by this Agreement, Affiliate must not access or use the Service. Company may modify this Agreement at any time, and such modifications shall be effective immediately upon posting to Company's website or notifying Affiliate. Affiliate's continued use of the Service after any modifications constitutes Affiliate's acceptance of this Agreement as modified.

RECITALS

WHEREAS, Company is engaged in the business of manufacturing and selling Source Naturals and Planetary Herbals branded products, and any other branded products in the sole discretion of the Company,  (the "Product");

WHEREAS, Affiliate operates a website and Influencer program and desires to market and promote the Product on its website and earn commissions on sales of the Product generated through Affiliate's promotional efforts;

NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows:

1. DEFINITIONS

1.1 "Affiliate Program" means the program established by Company to permit Affiliate and other approved persons or entities to market and promote the Product in exchange for earning commissions on Qualified Sales.

1.2 "Affiliate Site" means the website operated by Affiliate and all of Affiliate’s Influencer Program sites and media, including any subdirectories, as may be updated from time to time.

1.3 "Qualified Sale" means a sale of the Product to an end user that is generated as a result of that end user's accessing the Affiliate Site and being referred to Company's website or sales channels by Affiliate.

2. APPOINTMENT AS AFFILIATE

Company hereby appoints Affiliate as a non-exclusive affiliate for the marketing and promotion of the Product, subject to the terms and conditions of this Agreement. Affiliate hereby accepts such appointment.

3. AFFILIATE OBLIGATIONS

3.1 Marketing Efforts. Affiliate shall use commercially reasonable efforts to market and promote the Product through the Affiliate Site in accordance with this Agreement and any Company policies communicated to Affiliate in writing from time to time. Affiliate shall be solely responsible for creating, operating, and maintaining the Affiliate Site.

3.2 Compliance with Laws and Policies. Affiliate shall comply with all applicable federal, state, and local laws, statutes, regulations, ordinances, and guidelines pertaining to the marketing and promotion of the Product. Affiliate shall also adhere to any marketing policies, guidelines, or restrictions imposed by Company and communicated to Affiliate in writing.

3.3 Avoiding Deceptive Practices. Affiliate shall avoid deceptive, misleading, or unethical practices in the marketing or promotion of the Product. Affiliate shall make no representations or statements regarding the Product other than those provided by Company. 

3.4 Intellectual Property Usage. Affiliate shall use Company's trademarks, logos, images, and other intellectual property only in accordance with Company's policies and instructions. Upon termination from the Affiliate Program, Affiliate shall immediately cease all use of Company's intellectual property.

4. COMMISSION AND PAYMENT

4.1 Commission Rate. Subject to the terms of this Agreement, unless Affiliate is otherwise notified in writing by Company, Company shall pay to Affiliate a commission  equal to 15% of the Gross Revenues actually received by Company from each Qualified Sale ("Commission") after all of the following are deducted from the Gross Revenues: a) Freight charges: Any freight, shipping, or transportation costs incurred in delivering the Products to the customers. b) Taxes: Any applicable sales, use, value-added, or other taxes imposed on the sale of the Products. c) Returns and credits: Any amounts credited or refunded to customers for returned, damaged, or defective Products. d) Discounts and allowances: Any discounts, rebates, or other allowances granted to customers on the sale of the Products. e) Bad debt: Any amounts written off as bad debt or uncollectible accounts related to the sale of the Products. The term "Gross Revenues" shall mean the total invoiced amount for the sale of the Company's Products actually received in revenue by the Company, excluding any deductions listed above. Commission payments shall be calculated and paid to the Sales Representative on a monthly basis, within thirty (30) days after the end of each calendar month, based on the Gross Revenues generated during that month.

4.2 Commission Tracking and Payment. Company shall track Qualified Sales using its designated tracking mechanisms and codes. Commissions shall be calculated monthly and paid monthly following the end of each calendar month in which the Qualified Sales occurred. Commissions shall be paid via Unified Payments on Refersion. All affiliates must sign up for Unified Payments to collect payments.

4.3 Commission Exclusions. Commissions shall not be earned or paid on sales that are subsequently credited, rejected, or refunded for any reason. Company reserves the right to refuse or reverse any Qualified Sale in cases involving fraud, violations of its policies, or other reasonable circumstances.

5. ELIGIBILITY and PROGRAM RULES

5.1 Age. You must be at least 18 years of age and reside in the USA to be an Affiliate.

5.2 Application. You must submit an Affiliate application to the program as designated by the Company, and you must be approved by the Company.  The Company reserves the right to accept or reject any Affiliate application in its sole discretion.

5.3 Prohibited Activities: You may not engage in any of the following activities: (a) Offering discounts or coupons beyond those provided by us. (b) Making false or misleading claims about our Products or services. (c) Using incentivized traffic sources, such as paid clicks or cashback offers. (d) Promoting our products on websites or platforms with inappropriate content. (e) Violating any applicable laws or regulations. (f) Violating any applicable community guidelines or regulations on social media platforms.  The Affiliate program is designed for affiliates to promote via their legitimate channels of influence only. Promotion via paid traffic (including any adword campaign), re-targeting, discount and/or coupon site, or any other method that in the sole discretion of Company is not in accordance with the letter and spirit of these terms and conditions will result in any commissions so resulting being denied and puts your continued participation in the Affiliate Program in jeopardy.

6. CONFIDENTIALITY

6.1 Definition of Confidential Information. "Confidential Information" means any non-public information disclosed by one party ("Disclosing Party") to the other party ("Receiving Party"), whether in written, oral, or other form, that is designated as confidential or that reasonably should be understood to be confidential given its nature and the circumstances surrounding its disclosure.

6.2 Protection of Confidential Information. The Receiving Party shall: (a) protect the Disclosing Party's Confidential Information from unauthorized disclosure or use with at least the same degree of care used to protect its own confidential information of a similar nature, but in no event with less than reasonable care; and (b) not disclose the Disclosing Party's Confidential Information to any third party or use Confidential Information except as expressly permitted under this Agreement to perform its obligations under this Agreement.

6.3 Exceptions. The obligations of confidentiality under this Agreement shall not apply to information that the Receiving Party can demonstrate: (a) was already known to the Receiving Party prior to disclosure by the Disclosing Party; (b) is or becomes publicly available through no fault of the Receiving Party; (c) is rightfully received by the Receiving Party from a third party without breach of any confidentiality obligation; or (d) is independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information.

7. TERM AND TERMINATION

7.1 Term. This Agreement shall commence on the Effective Date and shall continue in effect until terminated as provided herein.

7.2 Termination by Either Party. Either party may terminate this Agreement immediately at any time, with or without cause, by providing written notice to the other party.

7.3 Termination for Cause. Either party may terminate this Agreement immediately upon written notice if the other party materially breaches any provision of this Agreement and fails to cure such breach within 7 days after receiving written notice of such breach.

7.4 Effects of Termination. Upon termination of this Agreement, all rights and obligations of the parties under this Agreement shall cease, except that in order that the parties may fully exercise their rights and perform their obligations arising under the Contract, any provisions of the Contract that are required survive to ensure such exercise or performance (including any obligation accrued as of the termination date) shall survive the termination of the Contract. . Affiliate shall immediately cease all marketing and promotion of the Product and cease all use of Company's intellectual property, all Company services, all Company networks, and all Company resources.

8. REPRESENTATIONS AND WARRANTIES

8.1 Mutual Representations and Warranties. Each party represents and warrants to the other party that: (a) it has the full right, power, and authority to enter into and perform its obligations under this Agreement; (b) this Agreement constitutes a legal, valid, and binding obligation enforceable against it in accordance with its terms; and (c) its execution, delivery, and performance of this Agreement will not violate any law, regulation, or agreement to which it is a party or by which it is bound.

8.2 DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH HEREIN   COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS ASSOCIATED WITH ITS WEBSITES, OR (C) THAT COMPANY’S CYBER-SECURITY METHODS EMPLOYED WILL BE SUFFICIENT (D) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (E) AGAINST INTERFERENCE WITH ENJOYMENT OF A PARTY'S "INFORMATION" (WEB SITE). ALL 'INFORMATION' AND 'COMPUTER PROGRAMS' PROVIDED IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE USER.

9. INDEMNIFICATION AND LIMITATION OF LIABILITY

9.1 Indemnification by Affiliate. Affiliate shall indemnify, defend, and hold harmless Company and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) any breach by Affiliate of this Agreement; (b) the operation or content of the Affiliate Site; or (c) any act or omission of Affiliate in connection with the marketing or promotion of the Product.

9.2 Indemnification by Company.  Company shall indemnify, defend, and hold harmless Affiliate and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) any product liability claim against Company’s Products; or (b) any third party claim against Company’s Intellectual Property.

9.2 Limitation of Liability. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES , INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, ARISING OUT OF OR RELATING TO THE AFFILIATE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. COMPANY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE AFFILIATE PROGRAM SHALL NOT EXCEED THE TOTAL COMMISSIONS PAID TO AFFILIATE UNDER THE AFFILIATE PROGRAM DURING THE 6 MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

10. GENERAL PROVISIONS

10.1 Assignment. Affiliate shall assign all or any portion of the Contract without the Company’s prior written consent, which consent shall be at the sole discretion of the Company; provided, however, that Company may, without any consent, assign this Agreement, in whole or in part, in connection with the transfer or sale of all or substantially all of the assets or business of such Party relating to the product(s) to which this Agreement relates. The Contract shall bind and inure to the benefit of the successors and permitted assigns of the respective parties. Any assignment or transfer not in accordance with this Contract shall be void.

10.2 Governing Law and Venue. This Affiliate Marketing Program Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its principles of conflicts of law. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Santa Cruz or San Francisco, California, and the parties hereby consent to the personal jurisdiction and venue of such courts.  Both parties agree to waive their rights to change venue or claim forum non conveniens.

10.3 Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the maximum extent possible, in accordance with the parties' intent as evidenced by this Agreement.

10.4 Notices. All notices required or permitted under this Agreement shall be by email or through the Affiliate Program messaging application, or may be sent in writing and delivered by personal delivery, nationally recognized overnight courier, or certified or registered mail, return receipt requested, to the addresses specified in the preamble of this Agreement or such other address as either party may specify by written notice to the other party in accordance with this provision.

11. NON-EXCLUSIVITY

11.1 Affiliate's Appointment is Non-Exclusive. Affiliate's appointment as a marketer and promoter of the Product is non-exclusive. Company has and reserves the right to appoint any number of other Affiliates, marketers, resellers, distributors, or other third parties to market, promote, and sell the Product.

11.2 Company's Sales are Non-Exclusive. Company reserves the right to market, promote, distribute, and sell the Product through any and all channels, including its own websites, physical retail locations, other third-party marketers and resellers, and any other means in Company's sole discretion. Company is not restricted from selling the Product in any manner or through any channels, even if such sales compete with Affiliate's promotional efforts.

11.3 No Exclusive Rights Granted. The Affiliate Program and this Agreement does not grant Affiliate any exclusive rights, territories, or channels for the marketing, promotion, or sale of the Product. Affiliate acknowledges and agrees that Company may appoint an unlimited number of other affiliates, marketers, resellers, distributors, or other third parties to market and sell the Product in any geographic area or market segment, without any obligation or liability to Affiliate.

12. INDEPENDENT CONTRACTOR RELATIONSHIP

12.1 Independent Contractor Status. Affiliate is not an employee of Company. Affiliate's relationship with Company under this Agreement is that of an independent contractor, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture, or employment relationship between the parties. Affiliate will not be entitled to any of the benefits that Company may make available to its employees, including, but not limited to vacation pay, sick leave, retirement benefits, social security, workers' compensation, health or disability benefits, unemployment insurance benefits, group insurance, sick leave, paid time off, or retirement benefits.

12.2 No Authority to Bind. Affiliate has no authority to, and shall not, act or attempt to act or represent itself, directly or by implication, as an agent of Company or in any manner assume or create, or attempt to assume or create, any obligation on behalf of or in the name of Company.

12.3 Taxes and Other Payments. Affiliate shall be solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort relating to the amounts paid by Company under the Affiliate Program and this Agreement, including, but not limited to federal, state, and local income taxes, social security taxes, unemployment compensation taxes, and workers' compensation coverage.

13. NO CLASS ACTIONS

13.1 No Class Actions. Any proceedings to resolve disputes under the Affiliate Program and this Agreement will be conducted only on an individual basis and not in a class, consolidated or representative action.

13.2 Class Action Waiver. EACH PARTY WAIVES ANY RIGHT TO FILE A LAWSUIT OR COOPERATE WITH ANY CLASS ACTION EFFORT OF ANY TYPE OR NAUTURE OR PURSUE A CLAIM AGAINST THE OTHER PARTY AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.

13.3 Binding Effect. This class action waiver provision shall be binding upon the parties, including their respective corporate affiliates, employees, successors and assigns. This provision shall also apply to any claims against a party's owners, trustees, officers, directors, partners, employees, agents, consultants, accountants, attorneys, independent contractors, and affiliated entities.

13.4 Severability. If any portion of this Section 13 is found to be unenforceable or unlawful for any reason, then the unenforceable provision shall be severed from this Agreement, and the remainder of this Section 13 shall remain in effect.

14. OWNERSHIP OF INTELLECTUAL PROPERTY

14.1 Company's Ownership. Company owns and shall retain all right, title, and interest in and to all intellectual property rights related to the Product, including all trademarks, service marks, trade dress, trade names, logos, copyrights, patents, trade secrets, and other intellectual property and proprietary rights (collectively, the "Company IP"). The Company IP is the sole and exclusive property of Company.

14.2 Limited License. Subject to all of the terms and conditions of this Agreement, Company grants Affiliate a limited, non-exclusive, non-transferable, revocable license to display and use the Company IP solely for the purpose of marketing and promoting the Product pursuant to the Affiliate Program and this Agreement. This license is personal to Affiliate and cannot be sublicensed or assigned.

14.3 Restrictions on Use. Affiliate shall not alter, remove, or modify any Company IP or other proprietary notices from the Product or any Company materials. Affiliate shall not take any action that would jeopardize, limit, or interfere with Company's ownership of and rights in the Company IP.

14.4 No Rights Granted. Except for the limited license expressly granted in Section 14.2, Affiliate acknowledges and agrees that no right, title, or interest in any Company IP is transferred to Affiliate under the Affiliate Program and this Agreement. Affiliate further agrees that it will not claim any rights in or contest Company's exclusive rights in and ownership of the Company IP.

14.5 Goodwill. Affiliate acknowledges that all goodwill resulting from its use of the Company IP shall inure solely to the benefit of Company. Upon termination of Affiliate from the Affiliate Program for any reason, Affiliate shall have no further right to use the Company IP and all associated goodwill shall remain with Company.

15. CALIFORNIA MANUFACTURER'S REPRESENTATIVE LAW

15.1 Not a Manufacturer's Representative. The parties expressly agree that Affiliate is not acting as a "manufacturer's representative" as that term is defined in the California Manufacturer's Representative Law (California Civil Code Sections 35500 et seq., the "Rep Law"). Affiliate acknowledges and agrees that it is not granted any rights to solicit orders for, quote prices for future orders of, or lease or receive compensation based on orders for the Product. Rather, Affiliate is solely an independent contractor providing marketing and promotional services pursuant to this Agreement and the Affiliate Program.

15.2 Inapplicability of Rep Law. The parties agree that the Rep Law does not apply to this Agreement or the relationship between Company and Affiliate. In the event any portion of this Agreement is construed to fall within the Rep Law, the parties agree that such portion shall be null and void.

15.3 No Commission upon Termination. Affiliate expressly waives any and all rights it may have or claim to any commissions, fees or any other compensation upon termination of this Agreement pursuant to the Rep Law or otherwise.

16. REPUTATION AND MORALS

16.1 Restriction on Association with Immoral Activity. Affiliate agrees not to associate Company, the Product, or Company's brands with any illegal, unethical, or immoral activities. This includes, but is not limited to, activities related to pornography, obscenity, indecency, profanity, defamation, violence, discrimination, harassment, identity theft, hacking/cracking/phreaking, distribution of counterfeit goods or illegal items, hate speech, or any other activities that are inappropriate or inconsistent with the reputation and goodwill of Company.

16.2 Obligation to Maintain Reputation. Affiliate shall use its best efforts to protect and maintain the good reputation of Company and shall not make any false or misleading representations relating to Company or the Product. Affiliate shall not engage in any illegal, unethical, or immoral conduct that could reflect negatively on or embarrass Company.

16.3 Default. Any violation by Affiliate of this Section 16 shall be considered a material breach and default under this Agreement. Upon such default, Company may immediately terminate the Affiliate’s Marketing Program Agreement and pursue any other available remedies, including injunctive relief.

17. FORCE MAJEURE

17.1 Force Majeure Event. Neither party shall be liable for any failure or delay in performance under this Agreement due to any causes beyond its reasonable control, including but not limited to any acts of God, severe weather, fires, explosions, machinery breakdowns, floods, earthquakes, strikes, any act of government, epidemic, pandemic, lightening, civil unrest, terrorist threats, acts of war or any hostilities, terrorism, Internet or telecommunications failures, utility failures, or shortages of labor or materials, power or fuel shortages, transportation disruptions, cyberattacks, computer viruses, hacking attempts. ("Force Majeure Event").

17.2 Notice; Mitigation. The party affected by a Force Majeure Event shall provide prompt written notice to the other party, explaining in reasonable detail the cause and expected duration of the Force Majeure Event. The affected party shall use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and promptly recommence performance whenever possible without delay.

18. MISCELLANEOUS

18.1 Headings. The section and subsection headings in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.

18.2 Waiver. No waiver of any term, provision or condition of this Agreement by any party shall be effective unless in writing and signed by the party making the waiver, and then such waiver shall be effective only in the specific instance and for the specific purpose stated in such written waiver.

18.3 Cumulative Remedies. Except as expressly stated herein, the remedies provided in this Agreement shall be cumulative and shall not preclude the assertion by either party of any other rights or the seeking of any other remedies against the other party.

18.4 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective successors, assigns, and legal representatives.

18.5 Entire Agreement. This Agreement, including all exhibits and schedules attached hereto, sets forth the entire agreement and understanding between the parties relating to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and discussions between the parties, whether oral or written.

18.6 Attorneys' Fees. If any legal action or other proceeding is brought in connection with this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and other costs incurred in such action or proceeding, in addition to any other relief to which it may be entitled.

19. AFFILIATE OBLIGATIONS

19.1 Accurate, Up-to-Date Information. Affiliate agrees to provide Company with accurate information about Affiliate and Affiliate's promotional methods, and to maintain up-to-date "Account" information (such as contact information, websites used, etc.). In Affiliate's Account, Affiliate must accurately, clearly and completely describe all promotional methods by selecting the appropriate descriptions and providing additional information when necessary. Some promotional methods will be designated by the system as "special". Special programs are linked to promotional methods and practices considered unique and require manual approval and acceptance by Company. Company reserves the right to define any program as special.

19.2 Use of Links. Affiliate represents and warrants that all promotional means used by Affiliate will not contain objectionable content (including, but not limited to content that is misleading, libelous, defamatory, obscene, violent, bigoted, hate-oriented, illegal, and/or promoting illegal goods, services or activities), and that Affiliate will not mislead others. Affiliate agrees to: (i) use ethical and legal business practices, (ii) comply with the Affiliate Marketing Program terms and conditions and this Agreement, (iii) maintain a privacy policy on Affiliate's website and for any non-website based promotional method made available to visitors, and (iv) designate Affiliate's Account as "special" if Affiliate promotes the Product by any means other than displaying a link to Company's website on Affiliate's website. Company must approve all of Affiliate's promotional activities in advance in writing, and may deem any of Affiliate's promotional activities inappropriate and a material breach of this Affiliate Marketing Program Agreement in Company's sole discretion.

19.3 Prohibited Promotional Methods. Affiliate represents and warrants that Affiliate will not engage in and/or facilitate spamming, indiscriminate advertising or unsolicited commercial email or otherwise fail to comply with the CAN-SPAM Act of 2003 (Public Law 108-187 or any successor legislation), and/or any other laws and/or regulations that govern email marketing and/or communications. Affiliate represents and warrants that Affiliate will not engage in pop-up or pop-under advertising using any means involving third party properties and/or services (software), except that pop-ups/unders are acceptable on a first party basis only when triggered by Affiliate's website content/website visit or by downloadable software applications for which Affiliate is the owner/operator. Pop-ups/unders delivered through downloadable software cannot engage in means that force clicks or perform redirects, or pop over a pay-per-click listing or natural search results. Pop-ups/unders must honor Company's Code of Conduct requirements under this paragraph, and must be approved by Company in advance in writing.

19.4 Visitor Personal Information. Affiliate represents and warrants that Affiliate will not enable the Tracking Code to collect personally identifiable information of visitors that would allow Company to personally identify visitors.

19.5 Privacy Policy. Affiliate must conspicuously post Affiliate's privacy policy on Affiliate's website and otherwise make it available to all visitors. Affiliate's privacy policy must comply with all applicable laws and regulations regarding visitor privacy, be commercially reasonable, and fully and accurately disclose Affiliate's collection and use of visitor information, including disclosure of Affiliate's use of third party technology, Company's tracking technology, use of cookies and options for discontinuing use of such cookies.

19.6 Tracking Code Usage. In order for Company to record the tracking of visitors' transactions resulting from clicks on links to Company's website promoted by Affiliate, Affiliate must include and maintain a Company "Tracking Code" within the links to Company. All links and advertisements must be in a format compatible with Company's network service.

19.7 Account Usage and Security. Affiliate shall be responsible for all usage and activity on Affiliate's account and for loss, theft or unauthorized disclosure of Affiliate's password (other than through Company's negligence or willful misconduct). Affiliate shall provide Company with prompt written notice of any known or suspected unauthorized use of Affiliate's account or breach of security.

20. COMPANY'S SERVICES

20.1 Tracking Transactions and Payouts. Company shall determine (where possible) actual Payouts that should be credited to Affiliate's Account. Company may, in Company's sole discretion, apply an estimated amount of Payouts, if: (i) Affiliate is referring visitors to Company websites and resources as verified by clicks through links to Providers (Company Third Party Service Providers) with Company Tracking Code, (ii) where there is an error in Provider's transmission of Tracking Code data to Company, and (iii) where Company is able to utilize a historical analysis of Affiliate's promotion of Provider to determine an equitable amount of estimated Payouts.

20.2 Charge-backs. A Provider may apply, or Company may apply, a debit to Affiliate's Account in an amount equal to a Payout previously credited to Affiliate's Account in circumstances of: (i) product returns; (ii) duplicate entry or other clear error; (iii) non-bona fide Transactions; (iv) non-receipt of payment from, or refund of payment to, the visitor by the Provider; or (v) Affiliate failure to comply with Provider's Program terms or other agreement with Provider ("Charge-back"). Charge-backs may be applied to Affiliate's Account at any time, including previous payment cycles.

20.3 Access to Tracking and Reporting Tools. Company shall provide Affiliate with access to tracking and reporting tools, and to support services. From time to time Company may offer optional services for a fee. Fees for such optional services are at Company's then-current published rates or as may be quoted by Company, and are payable in advance or may be offset against Affiliate's positive Account balance (at Company's discretion). Tracking detail regarding visitor Transactions is not available on a real-time basis for all Providers and there may be reporting delays regarding Transactions for some Providers. Company may make available, for fees that Company shall publish from time-to-time, enhanced reporting capabilities and other services that are not included in the standard Network Service.

20.4 Support. Support for the program is available on-line through the "Contact Us" area in the Company Account Manager, which allows Affiliate to categorize and describe issues. Online help also allows Affiliate to check the status of all issues through the "Check Question Status" feature. Phone support may also be available during operating hours, except holidays.

20.5 Facilitating Payment of Payouts. Subject to all of the other provisions in this Agreement, Company shall credit Affiliate's Account with a Commission payment for each Qualified Sale in accordance with the Company’s Commission rate and Program terms for the relevant Transaction. Monthly, Company will issue to Affiliate any positive balance in Affiliate's Account for Transactions reported for the previous month, provided Affiliate's Account balance exceeds the required "Minimum Account Balance." Company shall have no obligation to make payment of any Payouts for which Company has not received payment from the relevant Provider of all monies due to Company (including for all Payouts owed by such Provider to all of such Provider's Affiliates). If Company elects, in its own discretion, not to make payment to Affiliate for amounts not received from a Provider, those amounts shall not be included in the Minimum Balance Amount. Affiliate's recourse for any earned Payouts not paid to Affiliate shall be to make a claim against the relevant Provider(s), and Company disclaims any and all liability for such payment. Affiliate may elect to receive payment in any of the currencies that Company supports (as may be amended by Company). The conversion rate shall be determined in accordance with Company's operating standards using the rates prevailing upon the date that payment is made to Affiliate, or upon the basis of historical conversion rates if rates are unavailable. The number or amount of Transactions, credits for Payouts, and debits for Charge-backs, as calculated by Company, shall be final and binding on Affiliate.

20.6 Dormant Accounts. If Affiliate's Account has not been credited with a valid, compensable Transaction that has not been Charged-back during any rolling, six consecutive calendar month period ("Dormant Account"), a dormant account fee at Company's then-current rate may be applied to Affiliate's Account each calendar month that Affiliate's Account remains an open yet Dormant Account or until Affiliate's Account balance reaches a zero balance, at which time the Account shall become deactivated. Transactions will not be counted if the Transaction subsequently becomes a Charge-back. 

20.7 Negative Accounts. Affiliate may have a negative balance if Affiliate's Account is debited amounts equivalent to previous Payouts for Charge-backs and Affiliate does not have an adequate Account balance to cover the Charge-back amounts. When Affiliate has a negative balance, Affiliate must immediately remit payment to Company in an amount sufficient to bring Affiliate's Account to a zero balance, or Affiliate's Account is subject to 1.5% interest per month, compounded monthly.

Source Naturals, Inc. Privacy Policy
Last Updated: April 2, 2024

This Privacy Policy governs the websites (each a “Site”), apps (each an “App”), offline locations or services (collectively, the “Services”) owned and operated by Source Naturals, Inc., or its affiliates and subsidiaries (referred to herein “we,” “us,” or “our” as applicable) that display, reference or link to this Privacy Policy. Please read it carefully to learn how we collect, use, share, and otherwise process Personal Information, and to learn about your rights and choices regarding such Personal Information.

By visiting or using the Services you agree to the collection, use, and disclosure of your Personal Information as described in this Privacy Policy. If you do not agree, please do not access or use the Services.

Notice at Collection

We collect Personal Information as detailed here and in our Privacy Policy. The following serves as our notice at collection of Personal Information in accordance with California law, and other applicable state laws. As defined by applicable law, we may “sell” or “share” certain Personal Information. If you would like to opt out of the sale or sharing of your Personal Information, you may do so here.

We keep Personal Information as long as it is necessary or relevant for the practices described in this Privacy Policy. We also keep Personal Information as otherwise required by law. What this means in practice will vary between different types of information, and when we consider our approach, we will consider ongoing business or legal needs for the information, for example in relation to tax, health and safety, and potential or actual disputes or investigations.

What categories of Personal Information do we collect?

Identifiers: This includes your name, mailing address, email address, mobile and telephone phone number, IP address, social network details, or other similar identifiers.

Any Personal Information Described in Subdivision (e) of California Civil Code Section 1798.80, including:

Account Login Data: Any data that is required to give you access to your specific account profile. Examples include your login ID/email address, screen name, password in unrecoverable form, and/or security question and answer.

Social Media Information: This includes information you post on our social media pages. This also includes your social media profile information.

Technical Information: This includes your mobile advertising ID, web browser type and version, device characteristics, and operating system. This also includes data about the computer system or other technological device that you use to access the Services, such as the IP address used to connect your computer or device to the Internet and other online identifiers. If you access the Services via a mobile device such as a smartphone, the collected data will also include, where permitted, your phone’s unique device ID, and other similar mobile device data.

Marketing and Communications Information: This includes your preferences in receiving marketing, promotions, and sales offers and other types of communications from us.

Other Information You Provide to Us: This includes the content of your communications with us, photographs you share with us as part of a sweepstakes or contest, and information you post or disclose through the Services (e.g., ratings and reviews), in blogs, on message boards, in chat rooms, or in other public areas.

Usage Information: This includes how you interact with the Services. For example, if you use our Apps, we may look at how often you use the App and where you downloaded it.

Payment and Financial Information: This includes your method of payment (e.g., bank details and credit, debit, or other payment card information), bank account number, and billing address. This also includes any data that we need to fulfil an order, or that you use to make a purchase, or other forms of payment (if such are made available).

Transactional Information: When you make a purchase or return, we collect information about the transaction, such as product details, purchase price, date, and location of the transaction and where applicable, the referring health care professional.

Demographic Data & Interests: Any data that describes your demographic or behavioral characteristics. Examples include your date of birth, age range, geographic location (e.g., ZIP code), favorite products, hobbies and interests, and household or lifestyle data. In some cases, this could include data that you give us about someone else. For example, if you provide a friend’s email address for a refer-a-friend program. If you are a health care professional, we may collect data about you and your practice.

Third-Party Social Network Data: Any data that you share publicly on a third-party social network or data that is part of your profile on a third-party social network (such as Facebook) and that you allow the third-party social network to share with us. Examples include your basic account data (e.g., name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc.) and any other additional data or activities that you permit the third-party social network to share. We receive your third-party social network profile data (or parts of it) when you download or interact with the Services on a third-party social network such as Facebook, when you use a social networking feature that is integrated within one of the Services (such as Facebook Connect) or every time you interact with us through a third-party social network. To learn more about how your data from a third-party social network is obtained by us, or to opt out of sharing such social network data, please visit the website of the relevant third-party social network.

Comments, Discussion, and Chat Data: This includes data relating to chat bots, interactive features, upload content and images.

Characteristics of Protected Classifications under California or Federal Law: This includes your age and gender.

Commercial Information: This includes information about the products or services purchased, obtained, considered, or returned, as well as other purchasing or consuming histories, behaviors or tendencies, and the following:

Consumer-Generated Content: Any content that you create and then share with us on the Services. Examples include photos, videos, personal stories, or other similar media or content. Where permitted, we collect and publish consumer-generated content in connection with a variety of activities, including contests and other promotions, website community features, and consumer engagement.

Market Research & Consumer Feedback: Any information that you share with us about your experience of using our products and services.

Internet or other Electronic Network Activity Information: This includes information related to your browsing history, search history and other information regarding your interactions with the Services or advertisements, including, without limitation, actions you perform (e.g., clicks, mouse movements, keystrokes, and entering and submitting information) on the Services. As you navigate through and interact with the Services, or our communications, we may use automatic data collection technologies to collect certain data about your device(s) and your actions. This includes data such as which links you click on, which pages or content you view and for how long, and other similar data and statistics about your interactions, such as content response times, download errors, and length of visits to certain pages, as well as operating system type and web browser type and version.

Audio, Electronic, Visual, or Similar Information: This data may include photos and videos that you share with us as consumer-generated content or via third-party social networks, as well as recordings of and information you provide during your conversations with us. We may also visually record your interactions with the Services, including your mouse clicks, movement, scrolling, and navigation through the Services. This does not include any data from your device’s camera.

Sensitive Personal Information: This includes health information, prescription information, racial origin, ethnic origin, medical conditions, nutrition, supplement intake, dietary preferences, weight and fitness-related goals/activities, and exercise habits and goals.

Inferences: We collect profile inferences that we draw from your information and web activity to create a personalized profile so we can better identify goods and services that may be of interest to you.

WHAT ARE THE PURPOSES FOR WHICH WE COLLECT AND USE YOUR PERSONAL INFORMATION?

To Communicate with You: We use Personal Information (e.g., your contact information) to respond to your questions and comments when you communicate with us through links or pages through the Services, such as the "Contact Us" feature, and to send you administrative information (e.g., information regarding the Services and changes to our terms, conditions, and other policies).

To Process Your Transactions: If you purchase products from us on or through the Services, we use your Personal Information, such as your contact information and payment information to process your purchase, confirm your order, and deliver the items to you.

To Administer the Services: We use your Personal Information to administer the Services and carry out any other business activities, including our service providers.

Abandoned Cart: We use cookies to help keep track of the items you put into your cart, including when you have abandoned your cart, and use this information to determine when to send a cart reminder via SMS or other channels.

To Provide You with Personalized Recommendations: If you choose to complete assessments in the Services, we will use information that you provide (including health information if you provide it to us in this manner) to send you personalized product recommendations and other information that we believe may be of interest to you. We also use your Personal Information to provide you with targeted advertising and content, and to allow you to participate in interactive features, when you choose to do so. For example, we remember your login ID/email address or screen name so that you can quickly login the next time you visit the Services or so that you can easily retrieve the items you previously placed in your shopping cart.

Third-Party Social Networks: We use your Personal Information when you interact with third- party social networking features, such as “Like” functions, to serve you with advertisements and engage with you on third-party social networks. You can learn more about how these features work and the profile data that we obtain about you and find out how to opt out by reviewing the privacy notices of the relevant third-party social networks.

To Perform Analyses: We use your Personal Information to perform business analyses or for other purposes designed to improve the quality of our business and the Services we offer.

To Prevent and Detect Fraud and Other Crimes: We use your Personal Information to help prevent and detect fraud and other crimes that might be committed using or against the Services. We may use your information to investigate possible violations of and enforce our contracts. We may also use your Personal Information to protect our or others’ rights, privacy, safety, or property, and/or that of our affiliates. We do this to protect our business assets and to comply with our legal obligations.

To Manage and Operate Our IT Systems: We use your Personal Information to help us in troubleshooting, testing, maintaining, and protecting our IT systems, including our Sites.

To Comply with Legal and Regulatory Obligations: We use your Personal Information to comply with our legal and regulatory obligations, which arise from time to time. For instance, we may use your contact information to alert you if a product is recalled.

Email Newsletters, Text Campaigns, and Promotions: If you’ve requested marketing communications, we will use your Personal Information, including your contact information, to send you our newsletters, exclusive offers, promotions, and loyalty rewards program updates if applicable, and product news through email and text messages. We may also use your Personal Information to administer our promotions and loyalty rewards programs as applicable.

Surveys, Sweepstakes, and Message Boards: If you use features, such as surveys, polls, sweepstakes, and message boards in the Services, we will use your Personal Information, including your contact information, to enable your participation.

Additional Purposes:

Aggregate or Anonymous Personal Information: We use Personal Information you provide to us regarding the Services to provide product feedback to our customers in aggregated form. We may also use Personal Information in an aggregated non- specific format for analytical and demographic purposes.

As Otherwise Permitted by Law or as We May Notify You: We may also use information you provide to us for other purposes as disclosed at the time you provide your information or otherwise with your consent.

TYPES OF PERSONAL INFORMATION WE COLLECT

When information identifies or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household, we refer to it as “Personal Information,” which we collect from you and about you. This may include:

Identifiers: We may collect your name, mailing address, email address, mobile and telephone phone number, IP address, social network details, or other similar identifiers.

Any Personal Information Described in Subdivision (e) of California Civil Code Section 1798.80:

We may collect the following:

Account Login Data: Any data that is required to give you access to your specific account profile. Examples include your login ID/email address, screen name, password in unrecoverable form, and/or security question and answer.

Social Media Information: This includes information you post on our social media pages. This also includes your social media profile information.

Technical Information: This includes your mobile advertising ID, web browser type and version, device characteristics, and operating system. This also includes data about the computer system or other technological device that you use to access the Services, such as the IP address used to connect your computer or device to the Internet and other online identifiers. If you access the Services via a mobile device such as a smartphone, the collected data will also include, where permitted, your phone’s unique device ID, and other similar mobile device data.

Usage Information: This includes how you interact with the Services. For example, if you use our Apps, we may look at how often you use the App and where you downloaded it.

Marketing and Communications Information: This includes your preferences in receiving marketing, promotions, and sales offers and other types of communications from us.

Payment and Financial Information: This includes your method of payment (e.g., bank details and credit, debit, or other payment card information), bank account number, and billing address. This also includes any data that we need to fulfil an order, or that you use to make a purchase, or other forms of payment (if such are made available).

Transactional Information: When you make a purchase or return, we collect information about the transaction, such as product details, purchase price, date, and location of the transaction, and where applicable, the referring health care professional.

Demographic Data & Interests: Any data that describes your demographic or behavioral characteristics. Examples include your date of birth, age range, geographic location (e.g., ZIP code), favorite products, hobbies and interests, and household or lifestyle data. In some cases, this could include data that you give us about someone else. For example, if you provide a friend's email address for a refer-a-friend program. If you are a health care professional, we may collect data about your practice.

Third-Party Social Network Data: Any data that you share publicly on a third-party social network or data that is part of your profile on a third-party social network (such as Facebook) and that you allow the third-party social network to share with us. Examples include your basic account data (e.g., name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc.) and any other additional data or activities that you permit the third- party social network to share. We receive your third- party social network profile data (or parts of it) when you download or interact with the Services on a third-party social network such as Facebook, when you use a social networking feature that is integrated within one of the Services (such as Facebook Connect) or every time you interact with us through a third-party social network. To learn more about how your data from a third-party social network is obtained by us, or to opt out of sharing such social network data, please visit the website of the relevant third-party social network.

Comments, Discussion, and Chat Data: This includes data relating to chat bots, interactive features, upload content and images.

Other Information You Provide to Us: This includes the content of your communications with us, photographs you share with us as part of a sweepstakes or contest, and information you post or disclose through the Services (e.g., ratings and reviews), in blogs, on message boards, in chat rooms, or in other public areas.

Characteristics of Protected Classifications under California or Federal Law: We may collect your age and gender.

Commercial Information: We may collect information about the products or services purchased, obtained, considered, or returned, as well as other purchasing or consuming histories, behaviors or tendencies, and the following:

Consumer-Generated Content: Any content that you create and then share with us on the Services. Examples include photos, videos, personal stories, or other similar media or content. Where permitted, we collect and publish consumer-generated content in connection with a variety of activities, including contests and other promotions, website community features, and consumer engagement.

Market Research & Consumer Feedback: Any information that you share with us about your experience of using our products and services.

Internet or other Electronic Network Activity Information: This includes information related to your browsing history, search history and other information regarding your interactions with the Services or advertisements, including, without limitation, actions you perform (e.g., clicks, mouse movements, keystrokes, and entering and submitting information) on the Services. As you navigate through and interact with the Services, or our communications, we may use automatic data collection technologies to collect certain data about your device(s) and your actions. This includes data such as which links you click on, which pages or content you view and for how long, and other similar data and statistics about your interactions, such as content response times, download errors, and length of visits to certain pages, as well as operating system type and web browser type and version.

Audio, Electronic, Visual, or Similar Information: This data may include photos and videos that you share with us as consumer-generated content or via third- party social networks, as well as recordings of and information you provide during your conversations with us. We may also visually record your interactions with the Services, including your mouse clicks, movement, scrolling, and navigation through the Services. This does not include any data from your device’s camera.

Sensitive Personal Information: This includes health information, prescription information, racial origin, ethnic origin, medical conditions, nutrition, supplement intake, dietary preferences, weight and fitness-related goals/activities, and exercise habits and goals.

To the extent that Personal Information regarding medical conditions is stored, we may in certain circumstances be required to disclose it to third parties, including but not limited to, the following: the Food and Drug Administration pursuant to adverse events, public health authorities relative to preventing or controlling disease, as required by federal, state, or local law or as required pursuant to subpoena or court order.

Inferences Drawn from The Above: We collect profile inferences that we draw from your information and web activity to create a personalized profile so we can better identify goods and services that may be of interest to you.

HOW WE COLLECT YOUR PERSONAL INFORMATION

There are several ways we may obtain information about you, including through (A) information you provide to us directly through both online and offline interactions; (B) information that we automatically collect when you use the Services; and (C) information we receive from third parties. This includes data that identifies you personally whether directly or indirectly.

Information You Provide: We collect information from you when you or someone acting on your behalf choose to share it with us. This may include when you create an account with or register a product purchase with us; contact us with questions or to provide feedback; subscribe to our mailing lists or otherwise agree to receive marketing communications from us; enter competitions, promotions, quizzes, or surveys we run from time to time; become a member of a loyalty or direct to patient program; or when you interact with us offline through in-person or over-the-phone interactions.

Information Automatically Collected: Whenever you visit or interact with the Services, we, as well as third-party advertisers and/or service providers, may use cookies, web beacons, pixel tags, or other technologies to collect information automatically or passively about your online activity. As you interact with our Services, we may automatically collect technical information about your device as well as usage information through these and other similar technologies. We may also collect certain information through these technologies when you visit other websites.

Information Collected from Other Sources: We may collect information about you from third parties and commercially available sources, including from social media providers, survey providers, data aggregators, data brokers, and public or commercially available databases. We may collect information about your interactions with our ads on third-party sites. We may also collect information about you from our service providers, affiliates, and business partners.

We may combine the various types of information we collect about you and use it as described in this Privacy Policy.

HOW WE USE THE PERSONAL INFORMATION WE COLLECT

We may use the information we collect from and about you for a variety of business and commercial purposes, including:

Communicating with You: We use Personal Information (e.g., your contact information) to respond to your questions and comments when you communicate with us through links or pages in the Services, such as the "Contact Us" feature, and to send you administrative information (e.g., information regarding the Services and changes to our terms, conditions, and other policies).

Processing Your Transactions: If you purchase products from us on or through the Services, we use your Personal Information, such as your contact information and payment information to process your purchase, confirm your order, and deliver the items to you.

Administering the Services: We use your Personal Information to administer the Services and carry out any other business activities.

Abandoned Cart: We use technologies to help keep track of the items you put into your cart, including when you have abandoned your cart, and use this information to determine when to send a cart reminder via SMS or other channels.

Providing You with Personalized Recommendations: If you choose to complete assessments in the Services, we will use information that you provide to send you personalized product recommendations and other information that we believe may be of interest to you. We also use your Personal Information to provide you with targeted advertising and content, and to allow you to participate in interactive features, when you choose to do so. For example, we remember your login ID/email address or screen name so that you can quickly login the next time you visit the Services or so that you can easily retrieve the items you previously placed in your shopping cart.

Third-Party Social Networks: We use your Personal Information when you interact with third- party social networking features, such as “Like” functions, to serve you with advertisements and engage with you on third-party social networks. You can learn more about how these features work and the profile data that we obtain about you and find out how to opt out by reviewing the privacy notices of the relevant third-party social networks.

Performing Analyses: We use your Personal Information to perform business analyses or for other purposes designed to improve the quality of our business and the Services we offer.

Preventing and Detecting Fraud and Other Crimes: We use your Personal Information to help prevent and detect fraud and other crimes that might be committed using or against the Services. We may use your Personal Information to investigate possible violations of and enforce our contracts. We may also use your Personal Information to protect our or others’ rights, privacy, safety, or property, and/or that of our affiliates. We do this to protect our business assets and to comply with our legal obligations.

Managing and Operating Our IT Systems: We use your Personal Information to help us in troubleshooting, testing, maintaining, and protecting our IT systems, including our Sites.

Complying with Legal and Regulatory Obligations: We use your Personal Information to comply with our legal and regulatory obligations, which arise from time to time. For instance, we may use your contact information to alert you if a product is recalled.

Email Newsletters, Text Campaigns, and Promotions: If you’ve requested marketing communications, we will use your Personal Information, including your contact information, to send you our newsletters, exclusive offers, promotions, and loyalty rewards program updates if applicable, and product news through email and text messages. We may also use your Personal Information to administer our promotions and loyalty rewards programs as applicable.

Surveys, Sweepstakes, and Message Boards: We use your Personal Information, including your contact information, to enable you to voluntarily participate in features, such as surveys, polls, sweepstakes, and message boards in the Services.

To exercise choices for marketing purposes, please see the “Marketing Choices” section of this Privacy Policy.

Aggregating and/or Anonymizing Personal Information: We use Personal Information you provide to us regarding the Services to provide product feedback to our customers in aggregated form. We may also use Personal Information in an aggregated non-specific format for analytical and demographic purposes.

As Otherwise Permitted by Law or as We May Notify You: We may also use information you provide to us for other purposes as disclosed at the time you provide your information or otherwise with your consent.

TO WHOM WE DISCLOSE PERSONAL INFORMATION

Affiliates: We are affiliated with a number of other health and wellness brands such as Threshold Enterprises Ltd., Planetary Herbals, Genexis, and Horizon Naturals (collectively, our “Affiliates”). We may share your Personal Information with our Affiliates to send you promotions, information about sales and offers, and newsletters in which you have indicated interest and for legal and other business purposes.

Other Entities: We will disclose your Personal Information to the following types of entities:

Service Providers: We may share your Personal Information with our service providers (such as vendors and consultants) that perform certain functions or services on our behalf to fulfill the services you request from us. These include companies that host our Services, manage databases, perform analyses, send communications for us, process payments on our behalf (e.g., Shopify), ship your orders, provide you with live chat service, or provide certain other components of the Services. Our service providers are not authorized to use or disclose the Personal Information we share with them for any purpose other than performing services on our behalf.

Analytics and Advertising Partners: We may use third-party analytics and tracking tools to better understand who is using or how to improve the effectiveness of the Services and related content, and to help us or those third parties serve more targeted advertising to you across the Internet. These tools may combine information collected from your interaction with our Services with information collected from other sources. For instance, we use analytics tools provided by Google to help us understand how people use the Services. If you wish to prevent your data from being used by Google Analytics, Google has developed the Google Analytics opt-out browser add-on available https://tools.google.com/dlpage/gaoptout.

Business Partners: We may share your Personal Information with companies with whom we partner to offer goods or services (e.g., joint products or promotions).

Credit Reporting Agencies/Debt Collectors: To the extent permitted by applicable law, we may share your Personal Information with credit reporting agencies and debt collectors, which are external companies that we use to help us to verify your creditworthiness (particularly for orders with invoice) or to collect outstanding invoices.

Authenticating Partners: You may choose to access the Services on or through a third party through a single sign-on option (e.g., through social networks, sometimes through share buttons; third party accounts that users can connect to their account on our Services). If you do so, they may share Personal Information with us, and we may share Personal Information with them to facilitate and support the single sign-on feature.

With Other Users of the Services: We or you may voluntarily share Personal Information with other users of the Services, such as if you submit a product review, post content in a public area of the Services, or to identify you to anyone to whom you send messages through the Services. When you use our service providers, we may also share your Personal Information with them.

Sponsors or Administrators: We may share your Personal Information to third-party sponsors or administrators of sweepstakes, contests, and similar promotions.

Competent Governmental and Public Authorities: We may share your Personal Information with governmental authorities if we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity or a violation of our Terms and Conditions (posted at the footer of our Site) or other contracts.

Third Parties Pursuant to Legal Process: We may share your Personal Information to the extent necessary to respond to subpoenas, court orders, or other legal process; in response to a request for cooperation from law enforcement or a government agency; or to otherwise comply with our other legal and regulatory obligations.

Relevant Third Parties as Part of a Transaction: To advance our lawful commercial interests, we may share your Personal Information with certain third parties (including our professional advisers) in connection with a corporate transaction, such as a sale, assignment, divestiture, merger, bankruptcy, consolidation, reorganization, liquidation, or other transfer of the business or its assets. When we do this, we will incorporate reasonable security and other measures to protect your Personal Information.

Other Third Parties: We may share your Personal Information when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, including to allow us to pursue available remedies and limit the damage we may sustain. We may also share your Personal Information with other third parties in certain circumstances. We will explain these circumstances to you at the point of information collection and, where we deem legally necessary, get your permission.

Aggregated or De-Identified Information: We may also share aggregated or de-identified information that cannot reasonably be used to identify you.

MARKETING CHOICES 

You may receive marketing offers or solicitations from us through email from time to time. If you no longer prefer to receive marketing emails from us, please contact us at [email protected] or follow the opt-out instructions at the bottom of each marketing email. Please note that these requests may take up to ten (10) days to be effective.

Your request not to receive marketing emails from us will not apply to messages that you request or that are informational. For example, we may contact you concerning any purchases you have made with us even if you opt out of receiving marketing emails.

You may also choose to opt in to receive marketing offers or solicitations from us via SMS text messages through our mobile messaging programs. If you would like to opt out of receiving such texts, please reply STOP to any of our text messages. We will not purchase consent or sell, rent, or share consent to opt-in to our mobile SMS/texting program.

COOKIES & OPT OUT OF INTEREST-BASED ADS

We and our partners use cookies or similar technologies to analyze trends, administer the Services, track users’ movements around the Services, gather demographic information about our user base, determine the popularity of certain content, deliver advertising and content targeted to your interests on the Services and other websites or apps, and better understand your online activity. We may receive reports from our partners based on the use of these technologies on an individual basis (that is, reports of your own activity) as well as on an aggregated basis (that is, reports of all user activity or of the activity of certain users as a group).

You may adjust your device or Internet browser settings to limit certain tracking or to decline cookies. Please refer to your device settings or your Internet browser “Help” section for more information on how to delete and/or disable your device or browser from receiving cookies or controlling your tracking preferences.

We may use local storage on your device, such as with HTML5, to store content information and preferences. Various browsers may offer their own management tools for removing HTML5.

Opt Out of Interest-Based Ads: Some of the parties that collect information from or about you on the Services to provide more relevant advertising to you may participate in the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. This program offers a centralized location where users can make choices about the use of their information for online behavioral advertising. To learn more about the DAA and your opt-out options for their members for websites, please visit http://www.aboutads.info/choices. In addition, some of these other parties may be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, please visit http://www.networkadvertising.org/choices. Please note that if you opt-out of online behavioral advertising using any of these methods, the opt-out will only apply to the specific browser or device from which you opt-out. This does not opt you out of being served all advertising, and you will continue to receive ads that are not tailored to your interests.

The Services may include social media features, such as a “Like” button. These features may collect your IP address and information about the page you are visiting in the Services. They may also set a cookie to enable the feature to function properly. Social Media features are either hosted by a third party or hosted directly in the Services. Your interactions with these features are governed by the privacy policy of the company providing it.

ACCOUNT INFORMATION

You may update and correct certain account information you provide to us at any time by logging into your account and emailing us at [email protected], or calling us at 1-800-777-5677. If you wish to deactivate your account, please email us at [email protected] or call us at 1-800-777-5677 but note that we may retain certain information as required by law or for lawful business purposes. We may also retain cached or archived copies of information about you.

INTERNATIONAL TRANSFERS

If you are using the Services from outside the United States, including in the EU, EEA, UK, or Switzerland, please note that we will need to transfer your Personal Information to the United States.

As the data protection and privacy laws in the United States may be less stringent than those in your country of residence, we will transfer your Personal Information subject to suitable safeguards aimed at ensuring an appropriate level of protection is in place, including by entering into agreements approved by competent authorities.

To find out more about how we safeguard your Personal Information when it is transferred across borders, please visit our “How to Contact Us” page.

STATE-SPECIFIC PRIVACY RIGHTS

Explanation of Applicable Privacy Rights

If you are a California, Colorado, Connecticut, Utah, or Virginia resident, you may take advantage of the following privacy rights:

Right to Know: You have the right to request that we provide you with what Personal Information we have collected about you, including the categories of Personal Information, the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing Personal Information, or for Colorado, Connecticut, Utah, or Virginia residents, what Personal Information is used for targeted advertising, the categories of third parties to whom we disclose Personal Information, and the specific pieces of Personal Information we have collected about you. You have the right to receive this information in a portable format.

Right to Delete: You have the right to request that we delete Personal Information that we have collected from you, subject to certain exceptions. Note that there are some reasons we will not be able to fully address your request, such as if we need to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights, for our internal purposes, or to comply with a legal obligation.

Right to Correct: You have the right to request that we correct inaccurate Personal Information that we may maintain about you, subject to appropriate verification.

Right to Opt-Out of the Sale or Sharing of, or Targeted Advertising using, Personal Information: You may have the right to opt-out of the "sale" or "sharing" of, or targeted advertising using, your Personal Information, as such terms are defined by applicable state privacy laws, to third parties, which may include our affiliated companies that do not share the same brand name. This means that, if you opt out, going forward, we will not sell or share your Personal Information with such third parties to use for their purposes, including, as applicable, for targeted advertising and cross-context behavioral advertising, unless you later direct us to do so.

Right to Appeal: Colorado, Connecticut, and Virginia residents also have the right to appeal a denial of their privacy rights.

How to Submit a Request 

For California, Colorado, Connecticut, Utah, and Virginia residents, to take advantage of your right to know/access, delete, correct, or portability, please follow the prompts here or visit our “How to Contact Us” page. We may request certain information to verify your identity before we can respond to such requests. We will confirm receipt of your request within ten (10) business days and will respond to your request within forty-five (45) calendar days, after proper verification, unless we need additional time, in which case we will let you know. If we deny your request, you may appeal our decision by emailing us at [email protected]. [BS4] If you have concerns about the results of your appeal, you may contact the attorney general in the state where you reside.

To take advantage of your right to opt-out of the sale or sharing of Personal Information or to opt- out of targeted advertising, please visit the Do Not Sell My Personal Information page which is also on our Site footer or visiting our “How to Contact Us” page. We will work to comply with your opt-out request within fifteen (15) business days.

We will not discriminate against you because you exercised your rights under this section of the Privacy Policy.

Agent Requests

You may authorize someone to make a privacy rights request on your behalf (an authorized agent). Authorized agents will need to demonstrate that you’ve authorized them to act on your behalf or must demonstrate they have power of attorney pursuant to applicable probate law. We retain the right to request confirmation directly from you confirming that the agent is authorized to make such a request, or to request additional information to confirm the agent’s identity. An authorized agent is prohibited from using a consumer’s Personal Information, or any information collected from or about the consumer, for any purpose other than to fulfill the consumer’s requests, for verification, or for fraud prevention. If you are making a request as an authorized agent, please contact us using the information in the “How to Contact Us” section below, and provide your full name, address, email address, the full name of the person on whose behalf you are making the request, their address, email, phone number, as well as the written permission of the person on whose behalf you are acting to do so.

State-Specific Data Protection Disclosures 

In the past twelve (12) months, we have collected the categories of information disclosed above in the “Notice at Collection” section and disclosed those categories for the business purposes also listed in the “Notice at Collection” section.

With the exception of Characteristics of Protected Classifications under California or Federal Law and Sensitive Personal Information, each category of Personal Information disclosed in the “Notice at Collection” section was sold or shared with analytics and advertising partners, business partners, advertising networks, advertising platforms, and social media companies and the other entities identified in the “To Whom We Disclose Personal Information” section above, for the purposes described in this Privacy Policy within the last twelve (12) months. We do not knowingly sell or share Personal Information about persons under the age of sixteen (16).

Use and Disclosure of Sensitive Personal Information: To the extent that we collect, use, or share “Sensitive Personal Information” as that term is defined in applicable law, we limit our use or disclosure of the Sensitive Personal Information to permitted business purposes.

CHILDREN’S PRIVACY

Our Services are intended for a general audience. We do not direct the Services to children under sixteen (16), nor do we knowingly solicit or collect any Personal Information from children under the age of sixteen (16). If you are a parent or legal guardian and think that your child has given us data, you can contact us in writing or by email as provided below under the section titled “How to Contact Us.” Please mark your inquiries “Children’s Privacy Information Request.” If we learn that a minor has provided Personal Information through the Services, we will use reasonable efforts to remove such information from our files.

MEDICAL CONTENT DISCLAIMER

Please understand that the contents and information on Source Naturals websites and social media platforms are for your informational use only and are not intended to be a substitute for professional medical advice, diagnosis or treatment or the independent clinical judgment of a health care professional or any applicable facility protocols. We suggest that you seek the advice of your physician or qualified health care provider with any questions you may have regarding a medical condition, illness, or treatment. Do not delay or disregard professional medical advice because of the content included in any of the Services.

THIRD-PARTY WEBSITES

The Services may provide links to websites and applications operated by third parties. All these websites and applications operate independently from us, and we do not control their privacy practices. We encourage you to review the privacy policies of any third-party websites and applications that you use to better understand their privacy practices.

SECURITY OF YOUR INFORMATION 

We maintain reasonable security procedures to help protect against loss, misuse, or unauthorized access, disclosure, alteration, or destruction of your Personal Information.

Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and will not be responsible for the theft, destruction, or inadvertent disclosure of your Personal Information. If you prefer not to transmit your credit card number over the Internet, you can contact us using the toll- free number listed on the Services from which you want to order. If you have any questions regarding security, you can contact us through the means set forth in the “How to Contact Us” section.

RETENTION OF YOUR INFORMATION 

We will only retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements we are subject to, as well as to resolve disputes and enforce our agreements. We also keep Personal Information as otherwise required by law.

If you wish to cancel your account or request that we no longer use your Personal Information to provide you services, contact us through the means set forth in the “How to Contact Us” section.

REVISIONS TO THIS PRIVACY POLICY

We reserve the right, at our sole discretion, to change, modify, add, remove, or otherwise revise portions of this Privacy Policy at any time. When we do, we will post the change(s) on our Services. Your continued use of our products and Services following the posting of changes to these terms means you accept these changes. If we change the Privacy Policy in a material or substantive way, we will provide appropriate notice to you, including providing notice to you fifteen (15) calendar days prior to the effective date.

HOW TO CONTACT US

If you have any questions or concerns about this Privacy Policy or the practices described herein, you may contact us at [email protected], or by mail to:

Source Naturals, Inc.
Attention: Marketing Department 
23 Janis Way
Scotts Valley, CA 95066-3506