Ambassador Agreement
This Ambassador Program Agreement (the "Agreement") contains the terms and conditions that govern your participation in the Ambassador Program (the "Program") operated by Golden After 50 ("GA50"). By clicking the box indicating that you agree to the terms and conditions of this Agreement, or by continuing to participate in the Program, you acknowledge and agree to be bound by this Agreement, represent and warrant that you are lawfully able to enter this Agreement (or that you are authorized and lawfully able to bind the company or entity you purport to represent to this Agreement), and agree that you will remain in compliance with this Agreement. For purposes of this Agreement, "we," "us," and "our" means GA50 and any of its affiliated companies. "You," "your," or "Ambassador" means the individual or entity enrolling and participating in the Program.
1. Description of the Program
The purpose of the Program is to permit you to advertise GA50's products on your website and to earn a commission for purchases made by consumers. "Your website" means any website, including any advertisements regardless of format or medium, that you use to link to our website or any other GA50 property where consumers can complete a purchase directly from GA50 (collectively, "GA50's Website"). A "Product" is any item sold by GA50's, other than any products that GA50 defines as excluded products (collectively, "Excluded Products"). The list of Excluded Products, if any, will be made available to you in the Ambassador Program Portal.
2. Enrollment; Maintenance of Ambassador Profile
To begin the enrollment process, you must submit a complete and accurate application. You must identify in your application all websites where you intend to promote GA50 and/or its products. We may reject any application for any reason, in our sole discretion. You are welcome to reapply if your application is rejected.
If you are accepted into the Program, you must create and maintain your Ambassador Profile. It is your sole responsibility to keep your affiliate information (including, but not limited to, your company name, address, e-mail address, and telephone number) current, and to promptly notify us of any changes. Similarly, it is your sole responsibility to update the list of domains that use your affiliate link. Failure to maintain your Ambassador Profile or update the profile with accurate information may result in nonpayment of any commissions.
3. Account Credentials
You may be provided with or be required to create usernames and passwords ("Account Credentials") for you to access the Program. You shall (i) take reasonable precautions to protect the Account Credentials, (ii) be responsible for all conduct that occurs through the use of Account Credentials, and (iii) promptly report to GA50 any unauthorized use of Account Credentials of which you are aware.
4. Commissions
While you are a participant in the Program, and remain in good standing, you will be paid a commission for each completed Product sale made by a unique customer directed through your website containing your affiliate link ("First Tier Commission").If you refer another affiliate to the Program (a "Sub Ambassador"), and the Sub Ambassador is accepted into the Program and remains in good standing, you may be eligible to receive a commission equal to a percentage of completed Product sales made by unique customers directed through the Sub Ambassador's website that contains your affiliate link appended to the Sub Ambassador's link ("Second Tier Commission"). First Tier and Second Tier Commissions are referred to collectively herein as "Commissions."For the avoidance of doubt, "completed Product sale(s) made by unique customers" means that a consumer who never purchased a product from GA50 visited your website (or your Sub Ambassador's website), was directed GA50's website via your affiliate tracking link (or your Sub Ambassador's tracking link), and the unique consumer purchased a product from GA50. The Commissions and payment terms for completed Product sales, including additional compensation models, are set forth in the Commission Schedule available in the Ambassador Portal.
5. Golden After 50 Materials GA50 will make available to you linking codes and promotional materials ("GA50 Materials"). You may use the GA50 Materials only in connection with the Program and subject to terms and conditions of this Agreement. Without limiting the foregoing, you shall have no right to edit or modify the GA50 Materials, except as provided in Section 8, or to use or distribute the GA50 Materials other than in connection with this Program. You agree to remove from your website(s) within forty-eight hoursany GA50 Materials or other GA50 intellectual property as we may request from time to time. 6. AmbassadorWebsite Restrictions Your website(s) may not: a. Infringe on our or any anyone else's intellectual property, publicity, privacy or other rights. b. Violate any law, rule, or regulation, including but not limited to any state advertising laws concerning the sale or promotion of consumer products and any statutes, trade regulation rules, and informal interpretive guidance enforced by Federal Trade Commission and the Food and Drug Administration. c. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials, or promotes and encourages gambling (even if not illegal in your jurisdiction). d. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information. e. Promote the GA50 brand or GA50's products using the words, "Scam," "Fake," "Legit," or similar words that have a negative connotation. f. Use any of our trademarked terms as part of the domain or subdomain (e.g., goldenafter50.website.com). 7. Linking to Golden After 50's Website If you are accepted into the Program, we will make links available to you through the Ambassador Portal. Your acceptance into the Program means you agree to and will abide by the following when linking to GA50's Website: a. You will only use linking code obtained from the GA50's Ambassador Program Portal without manipulation. b. All domains that use your affiliate link must be listed in your affiliate profile. c. Your website will not in any way copy, resemble, or mirror the look and feel of GA50's website. You will also not use any means to create the impression that your website is our website or any part of our website including, without limitation, framing our website in any manner. d. Your website may not show up in a superior position in search for a term directly linked to our brand or one of our Products. If it does, you must take the appropriate steps to ensure either the website is no longer indexed for the phrase or strip keywords used in on-page SEO tags and text to fall out of the index for the relevant term(s). e. You may not engage in cookie stuffing or include pop-ups or false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e., the page from where the click is originating). f. Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited. 8. Advertising and Promoting Golden After 50 and its Products; Compliance with our Rules You may only advertise and promote GA50's brand and its Products on your website using the GA50 Materials made available to you in the Ambassador Portal. You are prohibited from altering or modifying the GA50 Materials in any way without GA50's prior written consent. Similarly, if you choose to create new content to promote GA50 or its Products, you agree that you will not use, publish, or distribute this newly created content without first submitting it to GA50 at admin@goldenafter50.comfor review and written approval from GA50 for such use. In addition to any other requirements or limitations set forth in this Agreement, you agree to comply with all applicable laws and regulations when advertising and promoting the GA50 brand and its products. You also agree to abide by GA50's Advertising Rules. GA50's Advertising Rules are made available in theAmbassador Program Portaland expressly incorporated into this Agreement by reference. 9. Witholdings, Deductions/Off-sets, and Non-Payment GA50 is dedicated to building its brand, providing high quality products to consumers, and ensuring that consumers enjoy doing business with us. We have worked hard to build our brand and, as a result, we have very few returns and disputed charges. We hope to continue that success with your help and adherence to terms and conditions of this Agreement. GA50 will not be responsible for paying Commissions resulting from fraud, duplicate tracking, order cancellations, returns, disputed charges (chargebacks), violations of GA50's Advertising Rules, or violations of the terms and conditions of this Agreement. We reserve the right, in our sole discretion, to withhold payment of any commissions owed under this Agreement until such time that the fraud or non-compliance can be investigated or the refunds, chargebacks, and order cancellations can be resolved and accounted for appropriately.GA50 generally holds a reasonable percentageof commissions owed to Ambassador for up to 90days to offset any order cancellations, refunds, chargebacksand other non-commissionable actions.Similarly, GA50 reserves the right, in its sole discretion, to deduct from future commissions the amounts necessary to protect GA50 from third-party liability for your non-compliance with the terms and conditions of this Agreement, as well as any commissions associated with fraud, duplicate tracking, or consumers requesting a refund, canceling an order, or initiating a chargeback. We reserve the right, in our sole discretion, to refuse payment if we request additional information from you to validate a commission and the information you provide is untimely, incomplete, or lacks demonstrable proof to validate your traffic source and establish that you are entitled to a commission. 10. Confidentiality Any information we provided to you in connection with the Program, including but not limited to information about GA50, its products, business and advertising practices, affiliates, and Consumer Data (as described in Section 11) is not known to the general public and therefore considered "Confidential Information." You agree that (a) all Confidential Information is and will remain GA50's exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your performance under the Program and ensure that persons who have access to Confidential Information will be made aware of and will comply with the obligations in this provision; and (c) you will not otherwise disclose Confidential Information to any individual, company, or other third party. You further agree to use at least the same degree of care, but not less than reasonable care, to prevent disclosure of Confidential Information to third parties as you would use to protect your own confidential information. You understand and agree that we may, in our sole discretion, disclose or make available any information provided or submitted by you or related to your participation in the Program to any judicial, quasi-judicial, governmental, or regulatory authority as may be necessary for GA50 to cooperate with voluntary requests for information or to comply with any lawful orders, subpoenas, compulsory process, or to fulfill any requirements under applicable law. We reserve the right, in our sole discretion, to determine whether to notify you that GA50 has received a request or demand for your information. 11. Consumer Data GA50 shall have the immediate and exclusive right to use, exploit, and sell any information about consumers or any other information obtained in connection with traffic driven to GA50's Website ("Consumer Data"). You do not have any right to or interest in the Consumer Data other than the right to be paid in accordance with the terms of the Program. You agree to exercise the same level of care to maintain the confidentiality and security of any Consumer Data in your possession as you would for your own confidential information. Except as expressly permitted by GA50, you shall not disclose, sell, or otherwise distribute Consumer Data to any third parties without GA50's prior written consent. 12. Disclaimers; Limitation of Liability GA50 does not make any representations or warranties of any kind, whether express, implied, statutory, or otherwise with respect to the Program or the Products, content, promotional materials, links and other information provided by us or our affiliates in connection with the Program (collectively, the "Program Materials"). Except to the extent prohibited by applicable law, we disclaim all warranties with respect to the Program and Program Materials, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement and quiet enjoyment, and any warranties arising out of any course of dealing, performance, or trade usage. We will not be liable for indirect, special, incidental, or consequential damages, or any loss of revenue, profits, goodwill, use or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. We will have no liability for any matter directly or indirectly relating to the creation, maintenance, or operation of your advertisements or websites, or your violation of this Agreement. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under this Agreement during the three-month period immediately preceding the event giving rise to such liability. 13. Indemnification You agree to indemnify, defend, and hold harmless GA50 and its representatives from and against any and all actions, claims, demands, proceedings, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses, including attorneys' fees and related costs, that: (a) arise from your act(s) or omission(s); or (b) arise from or are related to your breach or non-compliance with this Agreement. You agree that, for the purposes of this Agreement, the acts and omissions of your employees, agents, service providers, and any third party working on your behalf will be deemed to be your acts and omissions. 14. Relationship of the Parties We are independent principals, and nothing in this Agreement or your participation in the Program creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and GA50. You have no authority to make or accept any offers or representations on our behalf. You agree that you will not make any statement, whether on your website or otherwise, that contradicts or may contradict anything in this section. 15. Changes to the Terms and Conditions of GA50's Ambassador Program GA50 may change these terms and conditions of this Ambassador Program Agreement in the future and require your subsequent re-acceptance in order to continue your participation in the Program. You may not modify these terms and conditions, such as by making any typed, handwritten, or any other changes to it for any purpose, and any such purported modifications will be of no force and effect. 16. Dispute Resolution; Choice of Law Except as otherwise provided in this Section, any claim or dispute arising out of this Ambassador Program Agreement or your participation in the Program shall be resolved through binding arbitration pursuant to the Federal Arbitration Act. The arbitration will be administered by the American Arbitration Association pursuant to its Commercial Arbitration Rules and in accordance with the Expedited Procedures in those Rules. Any arbitration will be conducted before a single arbitrator, and the arbitration will be conducted in Tampa, Florida. The arbitrator may award any relief they deem appropriate, including arbitration and reasonable attorneys' fees and costs for the prevailing party in the arbitration. Notwithstanding the foregoing, GA50 may seek temporary or preliminary injunctive relief in a court of competent jurisdiction. The proceeding shall be limited to determining the appropriateness of preliminary or injunctive relief and only with respect to the claim for which GA50 seeks such relief. Any decision rendered by the court shall then be subject to review by the arbitrator should GA50 pursue permanent injunctive relief or other claims in arbitration. The laws of the United States and the State of Florida shall govern the Program and the terms and conditions of the Ambassador Program Agreement. 17. Term and Termination These terms and conditions set forth in this Agreement are effective upon GA50's acceptance of your enrollment in the Program, and continue until (i) terminated by GA50, or (ii) superseded by new or revised terms and conditions. Without prejudice to any other rights, GA50 may terminate these terms and conditions and your participation in this Program immediately upon notice to you, for any reason or no reason. Your license to use or distribute the GA50 Materials will automatically and immediately end when this Agreement is terminated. You agree to immediately remove from your website(s) and delete or otherwise destroy all of the GA50 Materials and any other GA50 intellectual property upon termination of this Agreement. These Advertising Rules govern your advertising and promotion of GA50's Products while participating in the Ambassador Program. We use the term "Advertisements" in these Rules generally to mean any action you take to advertise or promote our Products. These Rules apply equally whether you are using GA50's Materials or your own independently created content that you submitted to GA50 and GA50 gave you written permission to use while participating in the Program. These Rules are in addition to any requirements set forth in the Ambassador Program Agreement that you agreed to when enrolling in the Program. Please note that any Commissions earned in violation of these rules will be forfeit, so it is imperative that you conduct your promotional activities accordingly. Any questions concerning compliance with these Advertising Rules should be directed to admin@goldenafter50.com. * * * * * 1. General Compliance.Ambassador shall publish or otherwise distribute the Advertisements in strict compliance with all applicable laws, regulations, and guidelines, including without limitation the Federal Trade Commission Act, the Food Drug and Cosmetic Act, the Dietary Supplement Health and Education Act, the U.S. Federal Insecticide, Fungicide, and Rodenticide Act, Federal Trade Commission Endorsements Guides, the CAN-SPAM Act of 2003 and all state anti-spam laws such as California Business & Professions Code Section §§ 17529.5, 1798.83 as set forth in greater detail herein, state and data privacy regulations such as the Children's Online Privacy Protection Act, the California Online Privacy Protection Act and the California Consumer Privacy Act, and the California Health and Safety Code § 25249.6 ("Proposition 65"), and any other applicable federal, state, and local consumer protection laws, regulations, and standards. 2. Telemarketing, Faxing, and Text Messages. Ambassador may not publish or otherwise distribute Advertisements by telemarketing, fax or text messages in any form to any device without prior consent from GA50. If Ambassador received the requisite consent from GA50 to publish or distribute Advertisements by telemarketing, fax, or text messages, Ambassador shall do so in strict compliance with each of the following requirements: a. comply with all applicable federal, state, and local laws, ordinances, rules, regulations and codes concerning telemarketing and text message marketing, including but not limited to the Telephone Consumer Protection Act (47 C.F.R. § 227) ("TCPA"), the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. §§ 6101-6108), the Telemarketing Sales Rule (16 C.F.R. Part 310), Federal Communications Commission rules implementing the TCPA and court decisions interpreting the TCPA, and all federal and state "Do Not Call" laws, rules, and requirements; b. shall obtain "prior express written consent" from every recipient to which it places any telephone call or sending any text messages, as that term is defined under the TCPA, TSR, and decisions and orders issued by the Federal Communications Commission and interpreting courts; c. shall not place any calls to telephone numbers listed on the U.S. national Do Not Call list and all state Do Not Call lists, as well as any other lists that may be provided to Ambassador by GA50; d. shall comply with all applicable laws, rules, and requirements concerning disclosures, opt-outs, and revocation of consent; e. shall implement written policies and procedures to comply with applicable laws, rules, and regulations concerning telemarketing; f. shall maintain an internal "Do Not Call" list of consumers who have requested not to receive telephone solicitations from or on behalf of Affiliate and shall not make any outbound calls or send outbound text messages to any telephone numbers or consumers listed on Ambassador's internal "Do Not Call" list. Ambassador shall inform GA50 immediately, but in no less than 24 hours, after receiving any "do not call" request from a consumer or revocation of consent to receive telephone calls or text messages concerning GA50 or its products and services, via email at admin@goldenafter50.com. 3. Return and Cancellation Policies. Ambassador shall abide by GA50's return and cancellation policies and any other applicable terms and conditions of sale. Ambassador shall not promote any Product in a manner that suggests, whether explicitly or implicitly, that the consumer's purchase is subject to terms that are different from GA50's return policy, cancellation policy, or any other applicable terms and conditions without GA50's prior express written consent. 4. Intellectual Property. Ambassador shall not use any trademark, service mark, trade name, trade dress, logo, copyright, or other intellectual property of GA50 (including the names of branded products) except with the written permission of GA50. Further, Ambassador shall not promote or provide services to any other business or person that uses any trademark, service mark, trade name, trade dress, logo, copyright, or other intellectual property of GA50 (including the names of branded products) except with the written permission of GA50. Except to the extent that a third-party has given written permission, Ambassador shall not use any trademark, service mark, trade name, trade dress, logo, copyright, or other intellectual property of any third-party. 5. Claims. Ambassador agrees to not misrepresent GA50 or its products and services. Ambassador shall not make any claim about the features, attributes, characteristics, efficacy, actual or anticipated results, or other qualities of any of GA50's products and services (collectively, "Claims") unless GA50 has provided such Claims to Ambassador specifically for use in Advertisements. Ambassador shall defend, indemnify and hold GA50 harmless, and assume full and sole responsibility, for Claims used in any Advertisement that GA50 did not provide and/or approve for Ambassador's use. 6. No Alteration of Advertisements. Ambassador agrees not to alter, modify or otherwise change any Advertisements or other content provided or previously approved by GA50 without the prior written approval of GA50. 7. Restrictions. No Advertisements published or otherwise distributed by Ambassador shall: a. contain content that is: an invasion of privacy, degrading, libelous, unlawful, deceptive, profane, obscene, pornographic, tends to ridicule or embarrass, or is in bad taste, at the sole discretion of GA50; b. spawn malicious, false, or deceptive pop-ups or exit pop-ups, or spyware, plug-ins, pop-under technology, or similar downloadable applications; c. generate leads that are not initiated by the affirmative acts of a consumer (i.e. the consumer clicking on the Advertisement); d. promote any illegal activity including, without limitation, gambling, illegal substances, software piracy, or hacking; e. spoof, or redirect, traffic to or from any adult-oriented web sites or other web sites not specifically designated by GA50 as a landing page; f. use surveys; g. use Advertisements as a rebate system; h. broker promotions to any networks or third parties without GA50's written permission; 8. No Incentivized Lead Generation. Ambassador shall not use incentives, points, rewards, cash, or prizes to consumers in return for their response to an Advertisement in order to generate Product sales. 9. Search Engine Optimization. Unless expressly approved by GA50, if Ambassador distributes Advertisements by using search engine optimization techniques, including without limitation search engine text ads, Ambassador shall not: a. Use for any purpose Google Search Advertising (AdWords). b. Use any technique that generates organic or paid search results based on any Marks of GA50 or any brand name of GA50. c. Use any technique that generates organic or paid search results based on the Marks of any competitor of GA50 or any brand name of any competitor of GA50, or any other third party. d. Display search results under any "negative keywords" provided by GA50. e. Directly link any search results to a website hosted and/or operated by GA50. f. Engage in the practices known as "double serving " and "cloaking" where a marketer uses its own jump page to then link into GA50's web page via pre-pop functionality. g. Use any advertising method or engage in any activity that is prohibited by or violates the then-current applicable rules of the search engine provider. 10. E-mail Content Requirements. When using e-mail as a promotional method, Ambassador shall ensure that: a. E-mails comply with all applicable statutes, including CAN-SPAM (15 U.S.C. § 7701) and all state anti-spam laws such as California Business & Professions Code § 17529. b. E-mails use only creatives, from lines and subject lines provided by GA50 or approved by GA50 in writing. Ambassadors are prohibited from removing or altering subject and from lines provided by GA50 or approved by GA50 in writing. c. E-mails have accurate e-mail header information (including source, destination, date and time, and routing information) and accurate, non-misleading subject lines and from lines. d. E-mails include an originating e-mail domain name that is openly and accurately registered to the person or entity who transmitted the message. The use of an originating e-mail domain name that is privately registered, or registered with information this is false, fails to identify the person or entity who transmitted the e-mail message or fails to provide accurate contact information for the person or entity who transmitted the e-mail message, is prohibited. Ambassador must not use e-mail accounts or domain names that use information that falsifies the identity of the registrant. e. E-mails include a valid physical postal address of the sender. f. E-mails include no gibberish language, including any foreign languages or symbols. g. E-mails not have false or misleading subject line that attempts to disguise or conceal the content of the e-mail, or Ambassador as the sender of the e-mail. h. E-mails include a clear and conspicuous identification that the message is an advertisement or solicitation. Such an identification shall state "This is an advertisement" per subsection (i) below. i. E-mails include (i) clear and conspicuous notice of the recipient's right to opt-out of receiving future e-mails from GA50; and, (ii) a functioning return e-mail address or other Internet-based mechanism that a recipient may use to make such an "opt-out" request. Such a notice shall state: This is an advertisement. If you would prefer not to receive future marketing messages from us, click here or write to [Sender Name], [Street Address], [City], [State] [Zip Code]. Acceptable methods include (i) having an unsubscribe link in each e-mail delivered which is unique to the recipient, (ii) having a link to a non-password protected website where the individual can 'opt-out' from receiving further e-mail solicitations from Ambassador, or (iii) allowing the recipient to respond to a functioning return electronic e-mail address with a message that is either blank or has 'Unsubscribe' in the subject line. In every case, the unsubscribe process must be both easy to use and effective. The opt out mechanism must remain active for at least thirty (30) days from the date of the e-mail. 11. E-mail Suppression and Monitoring Requirements. When using e-mail as a promotional method, Ambassador shall take the following action to facilitate suppression and monitoring: a. All unsubscribe requests must be honored within ten (10) days from receipt of request, and Ambassador shall maintain electronic or tangible records confirming the removal of such e-mails from Ambassador's lists for verification by GA50. b. Within one (1) day of a consumer's opt-out request, Ambassador shall provide the unsubscribe request to GA50. c. Ambassador must remove from any e-mail transmission list any e-mail address associated with any person who previously requested not to receive e-mail solicitations from or on behalf of GA50 ("Suppression List"). d. Ambassador is responsible for any sending of e-mail messages as well as proper usage of the Suppression List. e. Ambassador must not sell, lease, exchange or otherwise transfer or release any opt-out e-mail address on the Suppression List or as otherwise collected by Ambassador or GA50, except as required by law. f. Ambassador must provide reasonable assistance to enable GA50 to monitor e-mail messages to ensure compliance with the Advertising Rules. g. Ambassador must monitor the activity of any other person sending e-mail to ensure compliance with the Advertising Rules. h. Ambassador must not send e-mail messages to e-mail addresses that have been improperly obtained, including addresses harvested from the Internet without consent and randomly generated addresses. i. Ambassador must not send e-mail messages from accounts obtained using scripts or other automated means of registering for multiple e-mail accounts. j. Ambassador shall not send e-mails for the purpose of harvesting the e-mail addresses in order to send future unsolicited e-mails. k. Upon request from GA50 (which may be by phone or e-mail), Ambassador shall immediately stop sending any e-mails that contain a particular advertisement or advertising material, or that pertain to a particular campaign or offer. l. Prior to any e-mailing, Ambassador must scrub against Ambassador and GA50's suppression files, and thereafter Ambassador must scrub against Ambassador and GA50's suppression files at least every seven (7) days. 12. Endorsements and Testimonials.Ambassadors are prohibited from using an Endorsement or Testimonial, unless GA50 has received, reviewed and provided express, prior written consent to such advertising. "Endorsement" or "Testimonial" (collectively "Testimonial") means any advertising message (including but not limited to consumer testimonials, celebrity or expert endorsements, blogs, verbal statements, demonstrations, or depictions of the name, signature, likeness or other identifying personal characteristics of an individual or the name, logo or seal of an organization) that consumers are likely to believe reflects the opinions, beliefs, findings, or experience of a party other than GA50. This restriction includes the following: a. Ambassador shall not use any Testimonial unless such Testimonial complies with the Federal Trade Commission's Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations). b. Consistent with this, the Endorser may not use false Testimonials, and all Testimonials must reflect the honest opinions, findings, beliefs and/or experience of the Endorser, and shall not convey an express or implied representation that would be deceptive if made directly by GA50. c. Further, no Testimonial may contain representations for which the Ambassador does not have substantiation or that would be considered deceptive. d. If the Testimonial represents that the Endorser uses GA50's product or service, the Endorser must have been a bona fide user of it at the time the Testimonial was given, and Ambassador may use the testimonial only as long as the Ambassador has good reason to believe that the Endorser continues to subscribe to the views presented. e. The advertisement must include a clear and conspicuous disclosure of any material connection between the Ambassador disseminating the advertisement and GA50. Examples of "material connections" that must be disclosed include, but are not limited to: (i) compensation or consideration (benefits or incentives such as money, loaner products, review items, rewards, points, prizes, free or discounted items or services, promotional items or services, in-kind gifts, samples, coupons, or special access privileges) provided by GA50 to Ambassador, or (ii) a relationship between GA50 and the Ambassador (such as a present or former employment or agency relationship or some other contractual or other relationship that may or may not be anticipated by the reader of the advertisement). 13. Fraud.Ambassadors shall not use any deceptive or misleading practice, method or technology including, but not limited to, the use of any adware, malware, device, programs, robots, iframes, hidden frames, redirects, spiders, computer script or other automated, artificial or fraudulent methods designed to appear as if a live consumer viewed an Advertisement and/or thereafter performed a payable action. Ambassadors shall not make use of any stolen credit card or debit card numbers or pre-paid credit or debit cards to perform any payable action or otherwise impersonate any live consumer, or engage in any form of banking fraud, credit card fraud, or otherwise. By way of example, other indicators of fraud include an Ambassador who (a) generates multiple leads from the same IP address, (b) has conversion rates significantly higher than GA50's average, (c) has EPC values significantly higher than GA50's average, (d) places GA50's or GA50's links on incentivized websites without GA50's prior written consent, or (e) generates multiple leads using proxy servers. GA50 reserves the right to withhold payment to the Ambassadorin the event thatGA50 determines that Ambassador may have engaged in fraud. 14. Privacy Policy.Ambassador's website must include a clear and conspicuous privacy policy that complies with the requirements of privacy laws such as Cal. Bus. & Prof. Code § 22575-22579 (a California statute) and specifically states that consumer information collected through the site will be shared with third parties for marketing, fulfillment, or any other purposes. 15. Complaint Notification.Ambassador must notify GA50 via email at admin@goldenafter50.com, of any complaint received by Ambassador regarding any Advertisements within twenty-four (24) hours of receiving such complaint. First Tier Commissions • BPS-5®, BP-Activate™, VPMax-9™, Probio-Lite®, PuriCleanse™, Omega 3B™, Synoviox™, Beets Formula™, NitrolFlo-9™ o 25% for the firstcompleted product sale made by a unique customer via your tracking link o 25% for subsequent completed product sales by the same consumer (for as long as the Ambassador program remains active, and the Ambassador's participation in the programremains in good standing in accordance with the terms and conditions of the Ambassador Program Agreement). Second Tier Commissions • BPS-5®, BP-Activate™, VPMax-9™, Probio-Lite®, PuriCleanse™, Omega 3B™, Synoviox™, Beets Formula™, NitrolFlo-9™ o 3% for the first completed product sale made by a unique customer via your Sub Ambassador's tracking link o 3% for subsequent completed product sales by the same consumer(for as long as the Ambassador program remains active, and the Ambassador's participation in the program remains in good standing in accordance with the terms and conditions of the Ambassador Program Agreement). Payment Subject to the terms and conditions of the Ambassador Program Agreement, Commissions will be paid every Mondayfor completed qualifying purchases made by customersreferred by theAmbassadorduring the prior week. For example, if a consumer completed a purchase on Friday, April 19, GA50 will pay the commissions associated with that purchase on Monday, April 22.If Monday is a federal holiday, commissions will be paid on the following business day.