Orgain TikTok Shop Affiliate Program Terms and Conditions

Effective as of June 26, 2025

These Terms and Conditions (the “Terms”) govern your participation in the Orgain TikTok Shop Affiliate Program (the “Program”) offered by Orgain, LLC (“We”, “Us”, or “Orgain”). By clicking the “Add Products” button and accepting these Terms on the TikTok platform or otherwise participating in the Program, you (“You” or “Creator”) agree to these Terms. These Terms are separate from TikTok Shop’s Creator Terms of Use, as they may be amended by TikTok. TikTok Shop’s Creator Terms of Use govern Your relationship with TikTok, while these Terms govern the relationship between You and Orgain. Click here the Full Terms and Conditions.

You must comply with these Terms to participate in the Program.  These Terms shall take precedence when a conflict arises between topics covered in these Terms and TikTok Shop’s Creator Terms of Use.

YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (FOR EXAMPLE, YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THESE TERMS. IN ADDITION, IF THESE TERMS ARE BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THESE TERMS ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THESE TERMS.

These Terms include a provision in Section 14 waiving the right to pursue any class, group, or representative claim and requiring You and Us to pursue certain disputes through individual arbitration. 

1.    REQUIREMENTS TO PARTICIPATE IN THE PROGRAM AS AN AFFILIATE.

In order to participate in the Program, you represent and warrant the following:

  1. You are at least 18 years of age (or the age of majority where You live, if that is over 18) and a resident of the United States;
  2. You have not been convicted of any felonies;
  3. You have not been convicted of any crimes involving dishonesty, perjury, or moral turpitude;
  4. There are no judgements, consent decrees, or other judicial orders entered against You finding You liable for counterfeiting, trademark infringement, copyright infringement, patent infringement, or misappropriation of trade secrets;
  5. You have not entered any settlement or agreement whereby You admitted to engaging in counterfeiting, trademark infringement, copyright infringement, patent infringement, or misappropriation of trade secrets; and
  6. You are not a healthcare provider (a “HCP”), including prescribers and non-prescribers, and including Licensed or Registered Dietitians.

By participating in this Program, You further agree that We may review Your social media content and public profile to ensure Your compliance with these Terms.

2.    NON-EXCLUSIVE RELATIONSHIP.

The relationship between You and Orgain pursuant to these Terms is non-exclusive. Orgain may work with other creators, and You may market other goods on TikTok.

3.    GENERAL OBLIGATIONS REGARDING YOUR PARTICIPATION IN THE PROGRAM.

During Your participation in the Program, you agree to: 

  1. Comply with all applicable laws, regulations and regulatory guidelines, including the Federal Trade Commission’s “Guides Concerning the Use of Endorsements and Testimonials in Advertising,” relating to Your participation in the Program and the marketing and promotion of Orgain and its products;
  2. Comply with TikTok Shop’s Creator Terms of Use and all other TikTok rules and policies;
  3. Not engage in any deceptive, fraudulent, or misleading practices;
  4. Not sell Orgain products or modify any Orgain terms of sale;
  5. Not post or share content or engage in any activity that infringes on the rights of any third party, including but not limited to intellectual property rights, privacy rights, or contractual obligations;
  6. Not engage in any act which might reasonably be considered as immoral, deceptive, scandalous or obscene, or which could potentially injure, tarnish, damage, or otherwise negatively affect the reputation, image, or goodwill of Orgain;
  7. Remove any content associated with Orgain, the Program, or any Orgain products from TikTok or any other social media platform within 24 hours of a written request from Us or authorized representatives; and
  8. Promptly provide Us with any information that We request to verify Your compliance with these Terms.

4.    GENERAL OBLIGATIONS REGARDING CONTENT.

By participating in the Program, You agree to:

  1. You acknowledge that Orgain will make available to You a briefing document (each, a “Creator Brief”) that sets forth messaging guidelines, mandatory disclaimers, content requirements, product details and other related information. Each Creator Brief will be available through the TikTok Shop. You must review each applicable Creator Brief before you promote, market or create any content relating to Orgain or its products.
  2. Any content You create or use for purposes of the Program must comply with the applicable Creator Brief.
  3. You further agree that all content You create or use for purposes of this Program must:
    • Be truthful and honestly reflect your experience with Orgain products;
    • Be appropriately labeled as advertising and accompanied with a prominent disclosure of Your relationship to Orgain, as further described in the Creator Brief;
    • Only make product claims that are permitted by a Creator Brief. You cannot create or promote any false impressions about the nature or benefits of Orgain or its products. For example, Orgain products cannot be referenced in any messaging that would suggest or insinuate that the Orgain product is “treating,” “curing,” or “preventing” any disease;
    • NOT promote any kind of overconsumption of Orgain products;
    • NOT include children under 18 years of age;
    • NOT include any person in Your content, other than yourself, unless you have that person’s prior written consent, which could be provided to Orgain upon request;
    • NOT include any branding, including trademarks, logos, or slogans, other than branding associated with the Orgain brand (i.e., apparel with logos, identifiable smart watches, identifiable cell phones, unbranded third party products that may be recognizable based on shape, configuration, or color, posters/advertisements);
    • NOT mention or feature any of Orgain’s competitors or their products;
    • Ensure that any content You post is Your original creation, except as otherwise permitted in the following two bullets;
    • NOT use music, videos, photographs, music lyrics, artwork, slogans, sculpture art, graphics, text, or other copyrightable works owned by a third party unless those works are fully and properly licensed from the rights owner for commercial usage;
    • NOT show any tattoos, unless you have a proper license from the original artist to use the tattoo for commercial usage;
    • NOT include references to or images of celebrities or other public figures, television shows and movies, award shows, tournaments, major professional sports games, or memes/GIFs that include images of celebrities or other public figures;
    • NOT include nudity, profanity, political statements, or any other mentions of polarizing topics;
    • NOT engage in illegal or inappropriate behavior; and
    • NOT include revealing or suggestive clothing.

5.    GENERATIVE ARTIFICIAL INTELLIGENCE.  

You acknowledge and agree that the use of any generative artificial intelligence software, systems, technologies, processing or machine learning tools, including but not limited to ChatGPT, Playground, Avataar, DreamStudio, GitHub Copilot (“GenAI”) in connection with the creation of any content under this Program, whether directly or indirectly is strictly prohibited, unless You have the express written permission of Orgain. You represent and warrant to Orgain, and You agree that: (i) all content You create and use in connection with the Program will be solely the result of Your independent and original efforts produced and/or created without any use or assistance of GenAI; and (ii) all content you create and use in connection with the Program will not incorporate or utilize, in whole or in part, GenAI without the express written permission of Orgain.

6.    COMMISSIONS.

  • By participating in the Program, You may be eligible to earn commissions or fees based on your promotion of Orgain products through TikTok. Your eligibility to receive commissions or fees, and the calculation and payment of such commissions and fees, are subject to these Terms and the TikTok Shop Terms and Conditions, including but not limited to the provisions outlined in Section 7 (Commissions) of the TikTok Shop Terms and Conditions, as they may be amended by TikTok.
  • Orgain or its representatives will inform You, through the TikTok platform, of the applicable commission rate for each product. If you have any questions on the applicable commission rate or fees, please contact Orgain or its representative (in accordance with Section 17 below) to confirm the commission rate or fees before you make any content for Orgain or its products.
  • All payments of commissions and fees will be made to you by TikTok in accordance with the TikTok Shop Terms and Conditions, including but not limited to the provisions outlined in Section 8 (Payment Services to You) of the TikTok Shop Terms and Conditions, as they may be amended by TikTok.
  • We do not make any representation regarding the amount of commission income or fees You can expect at any time in connection with the Program, and We will not be liable for any actions You undertake based on Your expectations.
  • It is Your obligation to pay any applicable taxes owed on any commissions or fees paid to You as a result of Your participation in the Program, including but not limited to all federal, state, and local taxes and any other costs or expenses, including duties, pension contributions, and insurance costs.

VIOLATION OF TERMS.

If You violate these Terms, in addition to any other rights or remedies available to Us, We reserve the right to (i) direct TikTok to permanently (to the extent permitted by applicable law) cease payment of (and You agree You will not be eligible to receive) any commission income attributable to this Program otherwise payable to You under these Terms and the TikTok Shop’s Creator Terms of Use, whether or not directly related to such violation without notice and without prejudice to any right of Orgain to recover damages over this amount; (ii) request TikTok remove any content posted by You on TikTok, including content which violates these Terms; and (iii) prohibit You from participating in the Program.