Our Policies

Terms of Service

LAST UPDATED: July 28, 2024

PLEASE READ THIS TERMS OF SERVICE AGREEMENT (THE “AGREEMENT”) CAREFULLY. BY MAKING A PURCHASE OF PRODUCT(S) WE SELL ON THE SITE, OR IN ANY OTHER PHYSICAL RETAIL LOCATION (“PRODUCTS”) OR ACCESSING OR USING THIS WEBSITE, WWW.THEVITAMINSHOTS.COM, OR ANY OTHER WEBSITES OF VITAMIN SHOTS LLC. (“VITAMIN SHOTS,” “US” OR “WE” OR “OUR”, ITS AFFILIATES OR AGENTS WITH LINKS TO THIS AGREEMENT (COLLECTIVELY, THE “SITE” ) IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE SITE (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”) BY US, COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE SITE, YOU REPRESENT THAT (1)YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT, (2)YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY, AND (3)YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.

FOR ANY PURCHASES MADE AT ANY VITAMIN SHOTS PHYSICAL RETAIL LOCATION, YOU MAY REQUEST A COPY OF YOUR SIGNED AGREEMENT WITH VITAMIN SHOTS BY CONTACTING SUPPORT@THEVITAMINSHOTS.COM.

IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN THE INITIAL TERM WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT VITAMIN SHOTS’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THIS AGREEMENT. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME.

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

WEBSITE

We grant you a limited license to access and use the Site for your personal use, and to copy, distribute and transmit the content of this Site only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the Site for your personal use.

Further, (a)you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Site or Services, (b)you shall not frame or utilize framing techniques to enclose any of our trademarks, logos, or other intellectual property (including images, text, page layout or form); (c)you shall not use any metatags or other “hidden text” using our name or trademarks; (d)you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e)you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f)except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g)you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Site. Any future release, update or other addition to the Site shall be subject to this Agreement. We, our suppliers and service providers reserve all rights not granted in this Agreement. Any unauthorized use of the Site or Services terminates the licenses granted by us pursuant to this Agreement.

REGISTRATION

To create an account and/or make purchases through the Site, you will be asked to submit certain information, which may include your name and/or a username, email address, and password. Please refer to our Privacy Policy, available at https://thevitamin Shots.com/privacy-policy for how Vitamin Shots collects, uses and discloses personal information. Each time you log into the Site, you will be deemed to be authorized to access and use the Site in a manner consistent with this Agreement and we have no obligation to investigate the authorization or source of any such access or use of the Site.

In order to access certain features of the Services, you may be required to link your account with a third party account (“SNS” and each such account, a “Third-Party Account”) by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you have the right to grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without requiring us to pay any fees or subjecting us to any usage limitations imposed by such third-party service providers. By granting us access to any Third-Party Accounts, we may access, make available and store (if applicable) any photographs, information, data, text, software, graphics, video, messages, tags and/or other materials accessible through the Site (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site via your account. You may also share Content obtained or accessed through the Services with such Third-Party Account. You have the ability to disable the connection between your account and your Third-Party Accounts at any time by accessing the “Settings” section of the Site. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE WILL HAVE NO LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO THEM BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and we are not responsible for any SNS Content.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.

At the time of your first order, we will request shipping and payment information. You agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us.

PURCHASING PRODUCTS

ALL PURCHASES OF PRODUCTS (WHETHER THROUGH THE SITE OR ANY PHYSICAL RETAIL LOCATION) ARE FOR PERSONAL, NON-COMMERCIAL USE ONLY, AND YOU AGREE NOT TO RESELL PRODUCTS. THE SALE OR LINKING OF OUR PRODUCTS ON OR TO ANY THIRD PARTY E-COMMERCE SITE, MARKETPLACE OR MOBILE APPLICATION WITHOUT OUR SPECIFIC WRITTEN CONSENT IS EXPRESSLY PROHIBITED.

Certain Products available on our Site may be available exclusively online through the Site, and may be limited in quantity. Descriptions, images, references, features, content, specifications, products, prices, and availability of any Products are subject to change without notice, and our current prices can be found on the Site. We make reasonable efforts to accurately display the attributes of our Products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any Products on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased through the Site. By placing an order, you represent that the Products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product; to honor, cancel or impose conditions or limitations on the honoring of, any coupon, coupon code, promotional code, referral credit or other similar promotions; to bar any user from making any or all purchases; and to refuse to provide any user with any Product. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any Product made on this Site is void where prohibited.

Each part of any order that you submit to Vitamin Shots constitutes an offer to purchase. If you do not receive a message from Vitamin Shots confirming receipt of your order, please contact our Customer Service department at Support@Vitaminshots.com before re-entering your order. Vitamin Shots’s confirmation of receipt of your order does not constitute Vitamin Shots’s acceptance of your order. Vitamin Shots is only deemed to have accepted your order once the Product(s) you ordered have been shipped.

Although we strive to accept all valid orders, Vitamin Shots reserves the right to deny any order for any reason, including if: (i) we discover an error in pricing and/or other information about the Product or receive insufficient or erroneous billing, payment, and/or shipping information, (ii) we suspect an order has been placed using stolen payment information or otherwise appears to be connected to fraud, or (iii) the ordered Product is unavailable due to discontinuance or otherwise. We may also refuse any order that is connected with a previous payment dispute.

If any Product is discontinued or otherwise becomes unavailable, Vitamin Shots reserves the right to cancel your order and provide you a refund for the amount paid for the Product.

To protect the intellectual property rights of Vitamin Shots, any resale of Products for personal and/or business profit is strictly prohibited. Vitamin Shots reserves the right to decline any order that we deem to possess characteristics of reselling.

SUBSCRIPTION PROCESS, RENEWAL AND CANCELLATION

We currently ship to addresses within the United States, Canada, and the United Kingdom. If you purchase a subscription to Products through our Site or in our retail stores, we will send you a shipment containing a supply of such Products from us for that specific subscription period. We may offer different subscription terms and/or options to delay or rush your next shipment for your convenience.

Your subscription will continue, and you will be charged, at the beginning of each subscription period, until you choose to cancel. However, please note that all fees for the Products are non-refundable, so if you cancel your subscription, we will send you any outstanding supply of Products but will not refund you any amounts for shipments not received as of the date of cancellation. There is no subscription fee associated with your subscription. You will only be charged for the cost of the product and the cost of shipping and handling. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional subscription period, at our then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date by logging into and going to the “Edit Subscription” section in the “Account” page.

If you do not wish your account to renew automatically, or if you want to cancel your subscription, please log in and go to the “Account” page. By subscribing, you authorize us to charge your payment provider now, and again at the beginning of any subsequent subscription period. We will send you an email reminder prior to charging your payment provider each subscription period. If you choose to cancel your subscription at any time, your subscription will terminate automatically and we will not charge your payment provider for the subsequent subscription period. You agree that we may either terminate or suspend your subscription for any reason at any time in our sole discretion.

If you are a consumer in the United Kingdom, prices in connection with the Products or Services provided under this Agreement shall be inclusive of any applicable Sales Tax. In all other cases, the payments required under this Section of this Agreement do not include any Sales Tax that may be due in connection with the Products or Services provided under this Agreement. If Vitamin Shots determines it has a legal obligation to collect a Sales Tax from you in connection with this Agreement, Vitamin Shots shall collect such Sales Tax in addition to the payments required under this Section of this Agreement. If any Products or Services, or payments for any Products or Services, under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Vitamin Shots, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Vitamin Shots for any liability or expense Vitamin Shots may incur in connection with such Sales Taxes. Upon Vitamin Shots’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, VAT and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

BILLING AND PAYMENTS

To make an order through the Services, you must provide valid payment information. By providing your payment information, you agree that Vitamin Shots is authorized to immediately invoice your Account for all fees and charges due and payable to Vitamin Shots hereunder and that no additional notice or consent is required. You agree to immediately notify Vitamin Shots of any change in your billing address, debit card, credit card, or other relevant payment account information. In all countries we currently ship products to, we accept the following debit or credit cards: Visa, MasterCard, American Express and Discover. In the United States, we also accept PayPal. Additionally, we accept Vitamin Shots gift cards in all countries we currently ship products to (“Gift Cards”). If you purchase or use any Vitamin Shots gift cards, you agree to the terms of the Vitamin Shots Gift Card Terms and Conditions, which are outlined below (the “Gift Card Terms”). If you do not agree to the Vitamin Shots Gift Card Terms and Conditions, you may not use or purchase Gift Cards. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. Only Promo Codes sent to you through official Vitamin Shots communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use.

You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information.

We use a third-party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). You hereby consent to provide and authorize Vitamin Shots LLC. and its third-party service provider to share any information and payment instructions you provide to the extent required to complete payment transactions in accordance with this Agreement, including personal, financial, credit card payment, and transaction information. Upon initial registration of your credit card, you may see a pending charge as part of the authorization confirmation process. This is not a charge and is used to confirm account authenticity. The pending charge should automatically clear on its own. If you have any issues, please contact support@thevitaminshots.com. We are not responsible for any fees or charges that your bank or credit card issuer may apply.

The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier; provided, however, that if the carrier fails to deliver your purchased items within thirty (30) days of the specified delivery date, you may cancel and request a refund.

If you are not 100% satisfied with your purchase, you can receive a refund on your first Product purchase and get a full refund or exchange up to 30 days from the date of purchase. All products must be returned unopened, with the seal and product undamaged. Opened items are not eligible for a refund.

To request a refund, please contact us at: support@thevitaminshots.com. Refunds will be issued by us in our sole discretion. Any refund will be issued to the same payment method used for the relevant purchase.

GIFT CARDS

The Gift Card Terms describe the terms and conditions that apply to your purchase and use of Gift Cards. By purchasing, accepting and/or using your Gift Card, you agree to be bound by these Gift Card Terms. If you do not agree with the Gift Card Terms, please do not purchase, accept or use a Gift Card. These Gift Card Terms are subject to and governed by this Agreement, and considered “Supplemental Terms” as defined herein.

Vitamin Shots Gift Cards are issued and sold by Vitamin Shots LLC. Gift Cards can be purchased online at https://thevitmainshots.com for any value up to five hundred USD ($500). To purchase a Gift Card, you must define an amount, recipient and recipient e-mail address, and you may select the date on which the Gift Card will be emailed to the specified recipient (this may be you). The recipient may be outside of the countries we ship to, but please note that shipping of Vitamin Shots products is only supported within the United States, Canada and the United Kingdom at this time.

When purchasing a Gift Card, you must provide your billing information at check-out. Gift Card purchases are final and non-refundable.

Purchases made with your Gift Card will be deducted from your Gift Card Balance. You can keep track of and view your unused Gift Card Balance in your thevitaminshots.com account balance (“Account Balance”) and such Gift Card funds can be applied to a future purchase without entering any additional payment information; provided, however, if a purchase exceeds your Gift Card Balance, you must pay the remaining amount with any payment method accepted on our Site.

Gift Cards do not expire or decrease in value if you do not use them, and they are not subject to inactivity or maintenance fees.

Gift Cards may only be used to purchase eligible goods provided by Vitamin Shots, and may not be used towards the purchase of another Gift Card. Credits issued for loyalty, rewards, goodwill or promotional or similar purposes (“Promotional Credit”) are not Gift Cards and a Gift Card may not be purchased with Promotional Credit. Gift Cards may not be reloaded, resold, or used for payment outside of the Site or the Vitamin Shots physical retail stores; used for unauthorized advertising, marketing, sweepstakes or other promotional purposes; redeemed for more than face value; transferred for value; redeemed for cash (except to the extent required by law); or returned for a cash refund (except to the extent required by law). No portion of your Account Balance may be transferred to another thevitaminshots.com account.

We are not responsible for any stolen Gift Card Balance or use by someone other than yourself or the intended recipient. Title to and risk of loss for Gift Cards pass to the purchaser upon sale. If you suspect someone has copied or stolen your Gift Card Balance, contact Vitamin Shots at support@thevitaminshots.com immediately. Vitamin Shots reserves the right to refuse to accept Gift Cards that are suspected or believed to have been obtained fraudulently.

By using a Gift Card, you also agree not to use a Gift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to Vitamin Shots or its customers. Subject to applicable law, we reserve the right, without notice to you, to void Gift Cards without a refund, suspend or terminate customer accounts or the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that a Gift Card is obtained, used, or applied to a thevitaminshots.com account (or your Account Balance applied to a purchase) fraudulently, unlawfully, or otherwise in violation of this Agreement.

TO THE FULL EXTENT PERMISSIBLE BY LAW, VITAMIN SHOTS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR YOUR ACCOUNT BALANCE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

These Gift Card Terms shall be governed in all respects by the laws of the State of California, U.S.A., without regard to choice of law provisions. Any dispute related to Gift Cards shall be handled in accordance with the “Arbitration Agreement” section of this Agreement.

We reserve the right to change these Gift Card Terms without notice, from time to time at our sole discretion. All Gift Card Terms are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions. Vitamin Shots may also issue Promotional Credit. Promotional Credit is not subject to these Gift Card Terms and may be subject to an expiration date and other conditions, as specified on the Promotional Credit or in related promotional materials.

PRODUCT REVIEWS

The Services allow registered users to post reviews, ratings and comments about Products purchased through the Site (collectively, “Reviews”), and you are solely responsible for any content, opinion, statement, recommendation or advance contained therein. Reviews posted on our Services are not endorsed by Vitamin Shots and does not represent the views of Vitamin Shots. You acknowledge that any opinions, statement, recommendation, ratings, advice or other information presented in any Review are those of their respective authors who are solely responsible and liable for their content. That means that you, and not Vitamin Shots, are solely responsible and liable for any Reviews that you post. By posting a Review, you grant Vitamin Shots a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display such Content of yours throughout the world in any media, now known or hereafter devised; (b) make the Review available to the rest of the world and to let others do the same; (c) to provide, promote, and improve the Services and to make your Review shared on the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content of yours on other media and services, subject to our Privacy Policy and this Agreement; and (d) use the name and/or trademark that you submit in connection with such Review of yours. You acknowledge that Vitamin Shots may choose to provide attribution of your Review at our discretion. You further grant Vitamin Shots the right to pursue at law any person or entity that violates your or Vitamin Shots’s rights in your Review by a breach of this Agreement. You acknowledge and agree that your Review is non-confidential and non-proprietary. You affirm, represent and warrant that you own or have the necessary licenses, rights (including copyright and other proprietary rights), consents and permissions to publish and otherwise use (and for Vitamin Shots to publish and otherwise use) your Review as authorized herein.

Vitamin Shots reserves the right to refuse to post or remove any material submitted or posted in any Review. Notwithstanding the foregoing, you acknowledge that Vitamin Shots is under no obligation to edit or modify any information available in any Reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a Review. Vitamin Shots does not assume liability for Reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree: (i) to base any rating or review you post only on your first-hand experience with the product you are reviewing; (ii) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (iii) your review will comply with this Agreement. If Vitamin Shots determines, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such Review without notice. Further, Vitamin Shots may remove any Reviews in the event it determines, in its sole discretion, that a Review: a. Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; b. Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; c. Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national or international law; d. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy or providing or creating computer viruses; e. May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; f. Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”; g. Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Vitamin Shots; h. Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers; i. Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files; j. Is unrelated to the topic of the Reviews or products in which such Review is posted; or k. (i) is otherwise objectionable, (ii) restricts or inhibits any other person from using or enjoying the Services, or (iii) may expose Vitamin Shots or its users to any harm or liability of any type.

SMS MARKETING AND SUPPORT PROGRAM

By opting into receiving marketing and support text messages from us on our Website, you agree to receive recurring text notifications for your order, including, but not limited to, abandoned checkout reminders, text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. This service is optional and is not a condition for purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any text message sent from us. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. If your carrier does not permit SMS or MMS messages, you may not receive text messages. For any questions, please text HELP to the number you received the messages from. You can also contact us at Support@Vitaminshots.com for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on any information sent through the service.

Please visit our Privacy Policy to determine how we collect and use your personal information.

DISCLAIMERS

WE DO NOT PROMISE, COVENANT, REPRESENT, WARRANT OR GUARANTEE THAT YOU OR ANY OTHER USER OF THE SITE WILL OBTAIN ANY PARTICULAR OR TANGIBLE RESULT OR GOAL THROUGH THE USE OF THE SITE, OR ANY PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE SITE.

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND GUARANTEES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE OR SERVICES, INCLUDING IN CONNECTION WITH THE PRODUCTS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

DISCLAIMERS

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE OR SERVICES, INCLUDING IN CONNECTION WITH THE PRODUCTS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

NOTICE REGARDING PROFESSIONAL ADVICE

THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE INCLUDES, WITHOUT LIMITATION, PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. ANY AND ALL SITE MATERIALS ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY, AND ARE NOT CONSTRUED TO BE ADVICE OF ANY KIND. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION BEFORE RELYING ON OR OTHERWISE DECIDING TO TAKE ANY ACTION ON THE BASIS OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SITE. NEVER DISREGARD PROFESSIONAL MEDICAL OR HEALTH RELATED ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE COMPANY PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SITE OR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (5) ANY OTHER MATTER RELATED TO THE SITE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

COPYRIGHT

The technology underlying the Site and the entire contents of the Site including, but not limited to, text, graphics, images, audio clips, digital downloads, data compilation or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Vitamin Shots LLC. and protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Vitamin Shots LLC. © 2023. Vitamin Shots LLC. All rights reserved.

TRADEMARKS

All trademarks, service marks and trade names of Vitamin Shots LLC. on the Site, including the VITAMIN SHOTS mark, are trademarks or registered trademarks of Vitamin Shots LLC. or their respective owners.

INDEMNIFICATION

To the fullest extent permitted under applicable law, you agree to indemnify, defend and hold harmless Vitamin Shots, LLC., its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account, or your ability or inability to use the Site and Services, including any products purchased thereon.

PRIVACY AND INTERNATIONAL USERS

Registration data and certain other information about you are subject to our Privacy Policy, which is available at www.thevitaminshots.com/privacy-policy.

The Services are controlled and offered by Vitamin Shots from its facilities in the United States. Vitamin Shots makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.

The following provision applies only if you are a consumer in the United Kingdom: A third party who is not a party to the Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of this Agreement, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.

THIRD-PARTY LINKS AND SITES

This Site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of Vitamin Shots LLC.’s. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.

FEEDBACK

You agree that submission of any ideas, suggestions, documents, and/or proposals to us through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Site and Services.

MISCELLANEOUS

The communications between you and Vitamin Shots may take place via electronic means, whether you visit the Services or send Vitamin Shots e-mails, or whether Vitamin Shots posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Vitamin Shots in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Vitamin Shots provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

Your use of the Site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not be applicable to you (but only to the extent that local law conflicts with this section).

This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Vitamin Shots may assign all or any part of the Agreement without restriction.

We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages or delays of transportation or shipping facilities, fuel, energy, labor or materials.

Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

If any portion of this Agreement is held to be invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. If you are a resident of Canada, you can contact your provincial consumer affairs office to lodge a complaint.

This Agreement is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by any affiliate of Vitamin Shots, which are not included in this Agreement, shall be binding on Vitamin Shots or its affiliates.

ARBITRATION AGREEMENT

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us.

Applicability of Arbitration Agreement. You agree that any dispute, claim or request for relief relating in any way to your access or use of the Site, to any Products sold or distributed through the Site, or to any aspect of your relationship with us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims or seek relief in small claims court if your claims qualify; and (2) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes, claims or requests that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.

Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent California Registered Agents, 1401 21st Street , STE R Sacramento, CA 95811, with a copy to Vitamin Shots LLC. 4335 Van Nuys Blvd. Suite #424 Sherman Oaks, CA 91403.

. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, we will pay them for you. In addition, we will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND VITAMIN SHOTS LLC. HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all disputes, claims or requests shall be resolved by arbitration under this Arbitration Agreement, except as specified in 1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the Federal or state courts of Los Angeles, California. All other disputes, claims, or requests for relief shall be arbitrated.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address Vitamin Shots LLC. 4335 Van Nuys Blvd. Suite #424 Sherman Oaks, CA 91403 or at Support@thevitaminshots.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Except as provided in 5 above, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.
Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Company at the following address: Vitamin Shots LLC. 4335 Van Nuys Blvd. Suite #424 Sherman Oaks, CA 91403.
Alternatives to Arbitration. If you are a resident of a jurisdiction that prohibits arbitration agreements or class action waivers in consumer contracts and this Agreement is deemed to be a consumer contract, the portions of this Agreement related to arbitration will not apply to you. Instead, the exclusive jurisdiction and venue of any claim will be the state and federal courts located in the State of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. If you are a resident of a jurisdiction that prohibits the application of California law in a consumer contract, this Agreement will be governed by the laws of your jurisdiction of residence and the non-exclusive venue of any claim will be in the courts of your jurisdiction of residence.

Terms of Service

LAST UPDATED: July 28, 2024

FOR ANY PURCHASES MADE AT ANY VITAMIN SHOTS PHYSICAL RETAIL LOCATION, YOU MAY REQUEST A COPY OF YOUR SIGNED AGREEMENT WITH VITAMIN SHOTS BY CONTACTING SUPPORT@THEVITAMINSHOTS.COM.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”), such as the Vitamin Shots Gift Card Terms and Conditions included below, and such Supplemental Terms will either be listed in this Agreement or will be presented to you for your acceptance when you sign up to use the supplemental Service. The Supplemental Terms shall be governed by this Agreement. If this Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.

IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT PERIODICALLY. WE MAY REVISE THIS AGREEMENT AT ANY TIME WITHOUT NOTICE TO YOU. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE THIS SITE OR THE SERVICES.

PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY US IN OUR SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Agreement available at the Site. We will also update the “Last Updated” date at the top of the Agreement. If we make any material changes, and you have registered to use the Services, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Agreement. Any changes to the Agreement will be effective immediately for new users of the Site or Services and will be effective thirty (30) days after posting notice of such changes on the Site for existing users. We may require you to provide consent to the updated Agreement in a specified manner before further use of the Site or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site and/or the Services. Otherwise, your continued use of the Site and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT AGREEMENT.

WEBSITE

REGISTRATION

PURCHASING PRODUCTS

If any Product is discontinued or otherwise becomes unavailable, Vitamin Shots reserves the right to cancel your order and provide you a refund for the amount paid for the Product.

SUBSCRIPTION PROCESS, RENEWAL AND CANCELLATION

BILLING AND PAYMENTS

GIFT CARDS

When purchasing a Gift Card, you must provide your billing information at check-out. Gift Card purchases are final and non-refundable.

Gift Cards do not expire or decrease in value if you do not use them, and they are not subject to inactivity or maintenance fees.

PRODUCT REVIEWS

SMS MARKETING AND SUPPORT PROGRAM

Please visit our Privacy Policy to determine how we collect and use your personal information.

DISCLAIMERS

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE OR SERVICES, INCLUDING IN CONNECTION WITH THE PRODUCTS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

NOTICE REGARDING PROFESSIONAL ADVICE

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY US AS A RESULT OF YOUR USE OF THE SITE IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT A CLAIM. IF YOU HAVE NOT PAID THE COMPANY ANY AMOUNTS IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT ANY SUCH CLAIM, COMPANY’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY US DOLLARS ($50).

COPYRIGHT

TRADEMARKS

INDEMNIFICATION

PRIVACY AND INTERNATIONAL USERS

Registration data and certain other information about you are subject to our Privacy Policy, which is available at www.thevitaminshots.com/privacy-policy.

THIRD-PARTY LINKS AND SITES

FEEDBACK

MISCELLANEOUS

Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

ARBITRATION AGREEMENT

Applicability of Arbitration Agreement. You agree that any dispute, claim or request for relief relating in any way to your access or use of the Site, to any Products sold or distributed through the Site, or to any aspect of your relationship with us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims or seek relief in small claims court if your claims qualify; and (2) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes, claims or requests that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.

. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, we will pay them for you. In addition, we will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.

Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND VITAMIN SHOTS LLC. HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all disputes, claims or requests shall be resolved by arbitration under this Arbitration Agreement, except as specified in 1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the Federal or state courts of Los Angeles, California. All other disputes, claims, or requests for relief shall be arbitrated.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address Vitamin Shots LLC. 4335 Van Nuys Blvd. Suite #424 Sherman Oaks, CA 91403 or at Support@thevitaminshots.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Except as provided in 5 above, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.
Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Company at the following address: Vitamin Shots LLC. 4335 Van Nuys Blvd. Suite #424 Sherman Oaks, CA 91403.
Alternatives to Arbitration. If you are a resident of a jurisdiction that prohibits arbitration agreements or class action waivers in consumer contracts and this Agreement is deemed to be a consumer contract, the portions of this Agreement related to arbitration will not apply to you. Instead, the exclusive jurisdiction and venue of any claim will be the state and federal courts located in the State of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. If you are a resident of a jurisdiction that prohibits the application of California law in a consumer contract, this Agreement will be governed by the laws of your jurisdiction of residence and the non-exclusive venue of any claim will be in the courts of your jurisdiction of residence.

Privacy Policy

Effective as of July 28, 2024

This Privacy Policy describes how Vitamin Shots LLC. (“Vitamin Shots”, “we”, “us” or “our”) handles personal information that we collect through our digital properties that link to this Privacy Policy, including our website https://Thevitaminshots.com (“Site“), as well as through social media, our marketing activities, our live events, and other activities described in this Privacy Policy (collectively, the “Services“).

California Notice at Collection: See the State Privacy Rights Notice below for important information about your rights under the California Consumer Privacy Act.

When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or online profiles. We (or service providers on our behalf) may then send communications and marketing to these emails or profiles. You may opt out of receiving this advertising by emailing optout@outreachgenius.ai.

Personal information we collect

Information you provide to us. Personal information you may provide to us through the Services includes:

Contact data, such as your first and last name, salutation, email address, billing and mailing addresses, and phone number.
Profile data, such as the username and password that you may set to establish an online account on the Site, and any other information that you add to your account profile.
Pregnancy-related data, such as due date and pregnancy status (whether you are trying, not trying, expecting or just had a baby).
Communications data, based on our exchanges with you, including when you contact us through the Site, social media, or otherwise.
Transactional data, such as information relating to or needed to complete your orders on or through the Site, including order numbers and transaction history.
Marketing data, such as your preferences for receiving our marketing communications and details about your engagement with them.
Payment data needed to complete transactions, including payment card information or bank account number.
Promotion data, including information you share when you enter a competition, promotion, or complete a survey. Please note that if you participate in a sweepstakes, contest, or giveaway through the Service, we may ask you for your contact data to notify you if you win, to verify your identity, and/or to send you prizes. In some situations, we may need additional information as a part of the entry process, such as a prize selection choice. These sweepstakes and contests are voluntary. We recommend that you read the rules and other relevant information for each sweepstakes and contest that you enter.

Third-party sources. We may combine personal information we receive from you with personal information we obtain from other sources, such as:

Public sources, such as government agencies, public records, social media platforms, and other publicly available sources.
Private sources, such as data providers, social media platforms, and data licensors.
Our affiliate partners, such as our affiliate network provider and publishers, influencers, and promoters who participate in our paid affiliate programs.
Marketing partners, such as joint marketing partners and event co-sponsors.
Third-party services (such as Apple or Google) that you use to log into, or otherwise link to, your Vitamin Shots account. This data may include your username, profile picture, and other information associated with your account on that third-party service that is made available to us based on your account settings on that service.

Automatic data collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Site, our communications, and other online services, such as:

Device data, such as your computer or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state or geographic area.
Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Site, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our emails or clicked links within them.

Cookies and similar technologies. Some of our automatic data collection is facilitated by the following technologies.

Cookies, which are small text files that websites store on user devices and that allow web servers to record users’ web browsing activities and remember their submissions, preferences, and login status as they navigate a site. Cookies used on our sites include both “session cookies” that are deleted when a session ends, “persistent cookies” that remain longer, “first party” cookies that we place (used to recognize your computer or mobile device when it revisits our Sites and to store certain information from your current session to deliver a more personalized shopping experience) and “third party” cookies that our third-party business partners and service providers place.
Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data on your device outside of your browser in connection with specific applications.
Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.
Session-replay technologies, such as those provided by FullStory, that employ software code to record users’ interactions with the Services in a manner that allows us to watch and analyze visual reconstructions of those user sessions. The replays may include users’ clicks, mobile app touches, mouse movements, scrolls, and keystrokes/key touches during those sessions. These replays help us diagnose usability problems and identify areas for improvement. You can learn more about FullStory at https://www.fullstory.com/legal/privacy-policy and you can opt-out of session recording by FullStory at https://www.fullstory.com/optout/.
Chat technologies, such as those provided by Intercom, that employ cookies and software code to operate the chat features that you can use to communicate with us through the Service. We and such third-party providers may access and use information about webpages visited on our website, your IP address, your general geographic information (e.g., city, state), and other personal information you share through online chats for the purposes described in this Privacy Policy.

For more information, see our Cookie Notice. We will store a record of your preferences with respect to the use of those technologies in connection with the Site.

Data about others. We may offer features that help users invite their friends or contacts to use the Service, and we may collect contact details about these invitees so we can deliver their invitations. Please do not refer someone to us or share their contact details with us unless you have their permission to do so.

How we use your personal information

We may use your personal information for the following purposes:

Service delivery, which may include using your personal information to:

provide and operate the Service
establish and maintain your Vitamin Shots user profile
remember devices from which you have previously logged in
discern whether you are logged in when you visit password-protected areas of the Site
provide support for the Service, and respond to your requests, questions, and feedback
communicate with you about the Service, including by sending Service-related announcements, updates, security alerts, and support and administrative messages
Categories of personal information involved
- Contact data
- Profile data
- Communications data
- Transactional data
- Payment data

Security, which may include using your personal information to:

enable security features of the Service, such as by sending you security codes via email or SMS
remember devices from which you have previously logged in
communicate with you about the Service, including by sending Service-related announcements, updates, security alerts, and support and administrative messages
Categories of personal information involved
- Contact data
- Device data
- Online activity data

Service personalization, which may include using your personal information to:

understand your needs and interests
personalize your experience with the Service and our Service-related communications
remember your selections and preferences as you navigate the Site
Categories of personal information involved
- Contact data
- Profile data
- Pregnancy-related data
- Device data
- Online activity data

Direct marketing, which may include using your personal information to:

send you direct marketing communications (you may opt-out of our marketing communications as described in the Opt-out of marketing section below)
personalize our marketing communications according to your needs and interests
monitor your interaction with our communications (such as whether you opened them)
facilitate your invitations to friends who you want to invite to join the Service
Categories of personal information involved
- Contact data
- Profile data
- Communications data
- Transactional data
- Marketing data

Interest-based advertising, which may include using your personal information to:

share aggregated, de-identified, or otherwise anonymized data with third parties, including to promote our business through interest-based advertising on third party channels
share information about our users with our third-party advertising partners to facilitate interest-based advertising to those or similar users on other online platforms
allow our third-party advertising partners to collect information about your interaction with the Site, our communications, and other online services over time and use that information to serve online ads that they think will interest you
Categories of personal information involved
- Contact data
- Device data
- Online activity data

SMS Marketing and Support, which may include using your personal information to:

send you text notifications for your order (including abandoned checkout reminders), text marketing offers, transactional texts, and requests for reviews. We use information stored in a cookie to save information about your cart for future use and determine whether it has been abandoned.
share opt-in data with our messaging partners and service providers, for the sole purpose of enabling and operating our text messaging program
Categories of personal information involved
- Contact data
- Transactional data
- Marketing data

Promotions and contests, which may include using your personal information to:

administer promotions and contests
communicate with you about promotions or contests in which you participate
Categories of personal information involved
- Promotion data
- Contact data
- Profile Data
- Communications data

Service analytics, which may include using your personal information to:

analyze your usage of the Service in an aggregated, de-identified, and/or anonymized form
improve the Service
improve the rest of our business
help us understand user activity on the Service, including which pages are most and least visited and how visitors move around the Service, as well as user interactions with our emails. For more information, see our Cookie Notice.
Categories of personal information involved
- Device data
- Online activity data

Compliance with law and co-operation with authorities, which may include using your personal information to:

comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities
audit our internal processes for compliance with legal and contractual requirements or our internal policies
prevent, identify, investigate, and deter fraudulent, harmful, unauthorized, unethical, or illegal activity, including cyberattacks and identity theft
cooperate with law enforcement authorities in investigating and prosecuting users who violate our rules or engage in behavior that is illegal or harmful to other users, including suspected fraud, or situations involving potential threats to the physical safety of any person
Categories of personal information involved
- Any and all data types relevant in the circumstances

Protection and enforcement of rights, which may include using your personal information to:

protect our, your, or others’ rights, privacy, safety or property (including by making and defending legal claims)
enforce the terms and conditions that govern the Service and/or Site
prevent, identify, investigate, and deter fraudulent, harmful, unauthorized, unethical, or illegal activity, including cyberattacks and identity theft
Categories of personal information involved
- Any and all data types relevant in the circumstances

Data sharing in the context of corporate events, we may share certain personal information in the context of actual or prospective corporate events – for more information, see How we share your personal information below.

Categories of personal information involved
- Any and all data types relevant in the circumstances

To create aggregated, de-identified and/or anonymized data from your personal information by removing information that makes the data identifiable to you. We may use this aggregated, de-identified and/or anonymized data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

Categories of personal information involved
- Any and all data types relevant in the circumstances

Further uses, in some cases, we may use your personal information for further uses, in which case we will ask for your consent.

Categories of personal information involved
- Any and all data types relevant in the circumstances

How we share your personal information

We may share your personal information with the following parties and as otherwise described in this Privacy Policy or at the time of collection.

Affiliates. Our corporate parent, subsidiaries, and affiliates, for their use consistent with this Privacy Policy.

Service providers. Third parties that provide services on our behalf or help us operate the Service or our business (such as hosting, information technology, customer support, email delivery, marketing, consumer research and website analytics).

Payment processors. Any payment card information you use to make a purchase on the Service is collected and processed directly by our payment processors, such as Stripe or PayPal, who may use your payment data in accordance with their privacy policies. Their privacy policies may be found at https://stripe.com/privacy (for Stripe) and https://www.paypal.com/us/webapps/mpp/ua/privacy-full(for PayPal).

Advertising partners. Third-party advertising companies for the interest-based advertising purposes described above.

Third parties designated by you. We may share your personal information with third parties where you have instructed us or provided your consent to do so.

Business and marketing partners. Third parties with whom we co-sponsor events or promotions, with whom we jointly offer products or services, or whose products or services may be of interest to you.

Linked third-party services. If you log into the Service with, or otherwise link your Service account to, a social media or other third-party service, we may share your personal information with that third-party service. The third party’s use of the shared information will be governed by its privacy policy and the settings associated with your account with the third-party service.

Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.

Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.

Parties to corporate events. We may disclose personal information in the context of actual or prospective corporate events (e.g., investments in Vitamin Shots, financing of Vitamin Shots, or the sale, transfer or merger of all or part of our business, assets or shares), for example, we may need to share certain personal information with prospective counterparties and their advisers. We may also disclose your personal information to an acquirer, successor, or assignee of Vitamin Shots as part of any merger, acquisition, sale of assets, or similar transaction, and/or in the event of an insolvency, bankruptcy, or receivership in which personal information is transferred to one or more third parties as one of our business assets.

Your choices

In this section, we describe the rights and choices available to all users. Users who are located in certain U.S. states, Canada, and the United Kingdom can find additional information about their rights below.

Access or update your information. If you have registered for an account with us through the Site, you may review and update certain account information by logging into the account.

Opt-out of marketing communications. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us. Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails.

Cookies. For information about cookies employed by the Service and how to control them, see our Cookie Notice.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” signals. To find out more about “Do Not Track,” please visit https://www.allaboutdnt.com. We respond to the Global Privacy Control signal for California residents, as described further in the State Privacy Rights Notice.

Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.

Linked third-party platforms. If you choose to connect to the Service through your social media account or other third-party platform, you may be able to use your settings in your account with that platform to limit the information we receive from it. If you revoke our ability to access information from a third-party platform, that choice will not apply to information that we have already received from that third party.

Delete your content or close your account. You can choose to delete certain content through your account. If you wish to request to close your account, please contact us.

Other sites and services

The Service may contain links to websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications, or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications, and online services you use.

Security

We employ a number of technical, organizational, and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.

International data transfer

We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.

Children

The Service is not intended for use by anyone under 18 years of age. If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please contact us. If we learn that we have collected personal information through the Service from a child without the consent of the child’s parent or guardian as required by law, we will comply with applicable legal requirements to delete the information

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Site or other appropriate means. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Privacy Policy indicates your acknowledging that the modified Privacy Policy applies to your interactions with the Service and our business.

How to contact us

Email: Support@thevitaminshots.com

State privacy rights notice

Except as otherwise provided, this section applies to residents of California, Virginia, and Colorado, and other states to the extent they have privacy laws in effect and applicable to us that grant their residents the rights described below, including the California Consumer Privacy Act (“CCPA“), the Virginia Consumer Data Protection Act (“CDPA“), and the Colorado Privacy Act (“CPA“) (collectively the “State Privacy Laws“).

This section describes how we collect, use, and share Personal Information of residents of these states and the rights these users may have with respect to their Personal Information. Please note that not all rights listed below may be afforded to all users and that if you are not a resident of one of these states listed above, you may not be able to exercise these rights. In addition, we may not be able to process your request if you do not provide us with sufficient detail to allow us to confirm your identity or understand and respond to it.

For purposes of this section, the term “Personal Information” has the meaning given to “personal data”, “personal information” or other similar terms in the State Privacy Laws and does not include information exempted from the scope of the State Privacy Laws. In some cases, we may provide a different privacy notice to certain categories of residents of these states, such as job applicants residing in California, in which case that notice will apply instead of this section.

Affiliates Program Policies

Updated: July 24, 2024.Affiliates Program – Commission Income Statement

Affiliates Program – Participation Requirements

Affiliates Program – Products Statement

Affiliates Program – Mobile Application Policy

Affiliates Program – Trademark Guidelines

Affiliates Program – IP License

Affiliates Program – Vitamin Shots Influencer Program Policy

These Affiliates Program policies (“Program Policies”) are incorporated by reference in the Affiliates Program Operating Agreement, and capitalized terms used in these Program Policies and not otherwise defined here will have the definitions provided in the Agreement. The rights and obligations of the parties under Sections 3 and 6 of the Affiliates Program Participation Requirements and Section 3 of the Affiliates Program IP License will survive the termination of the Agreement. For the avoidance of doubt and without limitation for purposes of Section 6(a) of the Agreement, any violation of the Affiliates Program Participation Requirements, the Affiliates Program IP License or Section 1 of the Vitamin Shots Influencer Program Policy will be deemed a material breach of the Agreement.

Affiliates Program Policies

Updated: July 24, 2024.Affiliates Program – Commission Income Statement

Affiliates Program – Participation Requirements

Affiliates Program – Products Statement

Affiliates Program – Mobile Application Policy

Affiliates Program – Trademark Guidelines

Affiliates Program – IP License

Affiliates Program – Vitamin Shots Influencer Program Policy

Affiliates Program Commission Income Statement (“Commission Income Statement”)

Qualifying Purchases and Qualifying Revenue

We will pay Standard Commission Income described in Section 3 of this Commission Income Statement in connection with “Qualifying Purchases”, which (subject to the exclusions described in this Commission Income Statement) occur when:

(a) Special Link on your Site

(i) a customer clicks through a Special Link on your Site to a Vitamin Shots Site; and

(ii) during a single session, which is measured as beginning when a customer clicks through that Special Link and ending upon the first to occur of the following: (x) 24 hours elapse from that click, (y) the customer places an order for a Product, other than a digital product (as determined in our sole discretion; for example, a Vitamin Shots Exclusive Content Membership Subscription (a “Digital Product”), or (z) the customer clicks through a Special Link to a Vitamin Shots Site that is not your Special Link (a “Session”), any of the following happens:

(A) the customer purchases a Product via our 1-Click feature, or

(B) the customer purchases a Product by adding a Product to the customer’s shopping cart and completing the order for that Product no later than 89 days after their initial click-through of the Special Link, or

(C) with respect to Digital Products, the customer purchases such a Product by streaming or downloading it from a Vitamin Shots Site; and

(iii) the Product is shipped to, streamed or downloaded by, and paid for by the customer.

For each Qualifying Purchase, the corresponding “Qualifying Revenue” is equal to the amount we actually receive from that Qualifying Purchase, less any shipping charges, gift-wrapping fees, handling fees, taxes (e.g. sales tax and VAT), service charges, credits, rebates, credit card processing fees, and bad debt.

2. Disqualified Purchases

Notwithstanding the foregoing, Qualifying Purchases are disqualified whenever they occur in connection with a violation of this Affiliates Program Commission Income Statement or any other terms, conditions, specifications, statements, and policies that we may issue from time to time that apply to the Affiliates Program, including the most up-to-date version of the Agreement (collectively, the “Program Documents”).

Further, the following purchases that would otherwise be Qualified Purchases are disqualified and excluded from the Affiliates Program:

(a) any Product purchased after termination of your Agreement,

(b) any Product order where a cancellation, return, or refund has been initiated,

(c) any Product purchased by a customer who is referred to a Vitamin Shots Site through any advertisement that you purchased through participation in bidding or auctions on keywords, search terms, or other identifiers that include the word “Vitamin Shots”, or “Glam Dust”, or any other Vitamin Shots Mark (see a non-exhaustive list of our trademarks via the links below, or variations or misspellings of any of those words (e.g., “Vitamin Shot”, “Glamour Dust”, and “Vit Powder”) (all, a “Prohibited Paid Search Placement”),

Location	Non-Exhaustive Trademark List
United States	Trademark Status & Document Retrieval (uspto.gov)

(d) any Product purchased by a customer who is referred to a Vitamin Shots Site by a link that is generated or displayed on a search engine (including Google, Yahoo, Bing, or any other search portal, sponsored advertising service, or other search or referral service, or any site that participates in such search engine’s network) (a “Search Engine”),

(e) any Product purchased by a customer who is referred to a Vitamin Shots Site by a link that sends users indirectly to a Vitamin Shots Site via an intermediate site, without requiring the customer to click on a link or take some other affirmative action on that intermediate site (a “Redirecting Link”),

(f) any Product purchased by a customer, where such customer does not comply with the terms and conditions applicable to a Vitamin Shots Site,

(g) any Product purchase that is not correctly tracked or reported because the links from your site to the relevant Vitamin Shots Site are not properly formatted,

(h) any Product purchased through a Special Link in a Mobile Application that was not an Approved Mobile Application or where the Special Link in an Approved Mobile Application was not served by API (as defined below under the IP License) or other linking tools that we make available to you,

(i) any Product subject to a Bounty Event (as defined in Section 4(a) of this Commission Income Statement, with the corresponding related Special Commission Income),

(j) any Product purchased as a subscription unless otherwise provided in the Agreement, and

(k) any pre-release or pre-order Product that is not available on a Product listing page.

Standard Commission Income

Subject to the limitations described in this Commission Income Statement and compliance with the Agreement, we will pay you standard commission income described in the Appendix (”Standard Commission Income”). Commission Income is calculated as a percentage of Qualifying Revenue.

4. Special Commission Income or Promotions

From time to time, we may run general special programs or promotions that may provide all or some Affiliates the opportunity to earn additional or alternative commission income (“Special Commission Income ”). For the avoidance of doubt (and notwithstanding any time period described in this section), Vitamin Shots reserves the right to discontinue or modify all or part of any special program or promotion at any time. Unless stated otherwise, all such special programs or promotions (even those which do not involve purchases of Products) are subject to disqualifying exclusions substantially similar to those identified in Section 2 of this Commission Income Statement, and any restriction under the Program Documents applicable to a Product purchase will also apply on a substantially similar basis as restrictions for special programs or promotions.

The following Special Commission Income are currently available:

(a) Bounty Events

Bounty Events are available in select countries as referenced in the Appendix (“Special Commission Income”). You will earn Special Commission Income described in this Section 4(a) in connection with “Bounty Events” which occur when (1) a customer, who must be eligible for the Bounty Event as described in the Appendix, clicks through a Special Link on your Site to a bounty-specific homepage on a Vitamin Shots Site, and (2) during the resulting Session the customer completes the bounty action described in the Appendix.

Vitamin Shots will not pay Special Commission Income where a Bounty Event has been disqualified due to a violation or other abuse (for example, registrations made using invalid email addresses, use of bots or automated software, multiple Bounty Events by a single person, repetitive Bounty Events, and Bounty Events that do not result from Special Links on your Site). Vitamin Shots will determine in its sole discretion, in each case, whether a Bounty Event has occurred or if there has been a violation or abuse.

Special Links to the bounty-specific homepages listed in the Appendix are permitted in connection with the corresponding bounty, notwithstanding the Affiliates Program Participation Requirements.

(b) Bonus Events

Bonus Events are available in select countries as referenced in the Appendix (“Special Commission Income”). You will earn Special Commission Income described in this Section 4(b) in connection with “Bonus Events” which occur when (1) a customer, who must be eligible for the Bonus Event as described in the Appendix, clicks through a Special Link on your Site to the Vitamin Shots Site, and (2) during the resulting Session the customer completes the bonus action described in the Appendix.

Vitamin Shots will not pay Special Commission Income where a Bonus Event has been disqualified due to a violation or other abuse (for example, registrations made using invalid email addresses, use of bots or automated software, repetitive Bonus Events, and Bonus Events that do not result from Special Links on your Site). Vitamin Shots will determine in its sole discretion, in each case, whether a Bonus Event has occurred or if there has been a violation or abuse.

Special Links to the Bonus Event-specific homepages listed in the Appendix are permitted in connection with the corresponding Bonus Event, notwithstanding the Affiliates Program Participation Requirements.

(c) Trade-In Program

Vitamin Shots’s trade-in program allows customers to trade-in eligible Products in exchange for Vitamin Shots gift cards. This program is available in select countries as stated in the Appendix (“Special Commission Income”).

You will earn the Special Commission Income Rates described in this Section 4(c) in connection with “Trade-In Events” which occur when (1) a customer clicks through a Special Link on your Site to a Vitamin Shots Site and (2) during the resulting Session the customer adds a product to his or her trade-in shopping cart and then submits a trade-in request that Vitamin Shots accepts.

Vitamin Shots will determine in its sole discretion, in each case, whether a Trade-In Event has occurred or has been disqualified due to violation of the Program Documents or the Vitamin Shots Trade-In Program Terms and Conditions.

5. Commission Income Limitations

From time to time, we may impose limits on Affiliates’ opportunity to earn Standard Commission Income or Special Commission Income. For the avoidance of doubt (and notwithstanding any time period), Vitamin Shots reserves the right to discontinue or modify all or part of any limitation at any time. For Commission Income Limitations, please see the Appendix (“Commission Income Limitations”).

Commission Income Reporting and Payment

We will use commercially reasonable efforts to accurately and comprehensively track Qualifying Purchases for the purposes of our internal tracking, and creating and distributing to you our reports summarizing Standard Commission Income and Special Commission Income earned by you during that month.

We will pay Standard Commission Income and Special Commission Income in the default currency for a Vitamin Shots Site approximately 60 days following the end of each calendar month in which they were earned by the method described below that you have selected. You may be permitted to elect to receive payment in a currency other than the default currency for a Vitamin Shots Site. If you choose to do so, you agree that the conversion rate will be determined in accordance with Vitamin Shots’s operating standards.

Option 1: Payment by Direct Deposit. We will directly deposit the commission income you earn into the bank account you designate once you have provided us with the name of your bank, the account number, the name of the primary account holder as it appears on the account, and other requested identifying information (such as the ABA, IBAN or BIC number, if applicable). If you select this option, we reserve the right to hold commission income until the total amount due to you reaches the minimum stated in the Payment Minimum Chart.

Option 2: Payment by Vitamin Shots Gift Card. We will send you gift cards in the amount of the commission income you earn to the primary email address on your Affiliates account. These gift cards are redeemable for products on the Vitamin Shots Site the commission income were earned on and are subject to our then-current gift card terms and conditions. If you select this option, we reserve the right to hold commission income until the total amount due to reaches the minimum stated in the Payment Minimum Chart.

If you do not select or maintain valid information for a payment option, we may at our discretion pay you through another payment option or hold earned commission income until you make your selection or provide such information.

Payment Minimum Chart


	U.S.
Option 1 (Deposit)	10 USD
Option 2 (Gift Card)	10 USD

If at any time there has been no substantial activity on your account for at least 3 years, then we will have the right, with 7 days’ written notice to withhold the accrued commission income for your inactive account, up to a maximum closure withholding of an amount equal to the minimum amount listed in the Payment Minimum Chart for payment by gift card. Further, any unpaid accrued commission income in your account may be subject to escheatment under applicable law or become extinct by applicable statute of limitation.

Payments made to you, as reduced by all deductions or withholdings described in the Agreement, will constitute full payment and settlement to you of amounts payable under the Agreement.

If any excess payment has been made to you for any reason whatsoever, we reserve the right to adjust or offset the same against any subsequent commission income payable to you under the Agreement.

Affiliates Program Participation Requirements (“Participation Requirements”)

Enrollment and Eligibility

To begin the enrollment process, you must submit a complete and accurate Affiliates Program application. Your Site(s) must contain original content and be publicly available via the website address provided in the application. You must identify your Site(s) in your application. We will evaluate your application and notify you of its acceptance or rejection. Your Site will not be eligible for inclusion in the Affiliates Program, and you cannot include any Special Links or Product Advertising Content on it, if your Site is unsuitable. Unsuitable Sites include those that:

(a) promote or contain sexually explicit or obscene materials,

(b) promote violence or contain violent materials or promote, endorse or incite potentially dangerous or harmful acts,

(d) promote or contain materials or activity that is hateful, harassing, harmful, invasive of another’s privacy, abusive, or discriminatory (including on the basis of race, color, sex, religion, nationality, disability, sexual orientation, or age),

(e) promote or undertake illegal activities,

(f)

are directed toward children or knowingly collect, use, or disclose personal information from children under 13 years of age or other applicable age threshold (as defined by applicable laws, regulations, and/or guidelines); or violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any applicable governmental authority related to child protection (for example, if applicable, the Children’s Online Privacy Protection Act (15 U.S.C. §§ 6501-6506) or any regulations promulgated thereunder or the Children’s Online Protection Act);

(g) include any trademark of Vitamin Shots or its affiliates, or a variant or misspelling of a trademark of Vitamin Shots or its affiliates in any domain name, subdomain name, in any “tag” or Affiliates ID, or in any username, group name, or other identifier on any social networking site (see a non-exhaustive list of our trademarks listed on our Non-Exhaustive Trademark Table); or

(h) otherwise violate any intellectual property rights.

We will determine suitability at our sole discretion. If we reject your application due to unsuitable content, you may reapply at any time once you have complied with our suitability requirements. However, if at any time we 1) reject your application for any other reason or 2) terminate your account in connection with any violation or abuse (as determined in our sole discretion), you cannot attempt to re-join the Affiliates Program without our advance authorization. Advance authorization may be initiated by completing the Contact Affiliates Customer Service form available here.

You will ensure that the information in your Affiliates Program application and information otherwise associated with your account on the Affiliates Site, including your email address, other contact information, and identification of your Site, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to the Affiliates Program and the Agreement to the email address then-currently associated with your Program account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.

If you are a non-US person participating in the Affiliates Program, you agree that unless you have otherwise notified us in your tax information you will perform all services under the Agreement outside the United States.

The Affiliates Program is free to join, and we provide resources on the Affiliates Site to help Affiliates succeed with the program. We have never authorized any business to provide paid set-up or consulting services to our Affiliates, so please be wary if any business like that (even one attempting to appropriate the Vitamin Shots name) reaches out to offer you costly services.

2. Links on Your Site

(a) Special Links

After you have applied to the Affiliates Program, you are permitted to display Special Links on your Site. Special Links enable accurate tracking, reporting, and accrual of commission income.

Special Links must use the Affiliates ID we have assigned to you.

(b) General Requirements Applicable to All Special Links

Special Links may be created by you or made available to you by us. If we inform you that your Site does not qualify to use certain types of links, you must cease displaying those types of links on your Site. You are solely responsible for the content, style, and placement of each link that you place on your Site and for ensuring that Special Links (whether created by you or made available to you by us) include the appropriate formatting necessary for us to properly track referrals of our customers from your Site. You must not encourage customers to bookmark your Special Links. All Special Links must be accessed directly from your Site. For example, you must include your Affiliates ID or “tag” (appearing as XXXXX-##, or such other format as we may designate) as a parameter in the URL of each link you place on your Site to a Vitamin Shots Site.

Upon your request but subject to our approval, we may issue you additional “sub-tag” Associate IDs that permit you to monitor and optimize the performance of your Special Links by including different sub-tags in the URLs of different Special Links. Under no circumstances may you associate any sub-tag with a specific end user of your Site (e.g., you may not dynamically assign sub-tags to users as they arrive on your Site for purposes of monitoring such users’ behavior).

You may add or delete Products (and related Special Links) from your Site at any time without our approval. Special Links must link to Products (as defined in the Products Statement). When linking to pages with Product lists you must have additional original content on your Site that is relevant to the Special Link. Product lists include search results, events (e.g. Take a Shot Day), or a department homepage (e.g. Vitamin Shots).

You must remove from your Site any links and related references to limited time promotions as soon as that promotion on the relevant Vitamin Shots Site ends. For example, if you include links to Products in the apparel category of a Vitamin Shots Site and mention that there is 15% off select products in Vitamin Shots beauty category, you must remove the mention of the 15% discount from your Site as soon as the promotion ends.

You must not make inaccurate, overbroad, deceptive or otherwise misleading claims about any Product, a Vitamin Shots Site, or any of our policies, promotions, or prices. For example, if you include on your Site a link to a 4 unit supply sold on a Vitamin Shots Site, you may not state that you are linking to a 30 unit supply.

Product prices and availability may vary from time to time. Because prices for and availability of Products that you have listed on your Site may change, your Site may only show prices and availability if: (a) we serve the link in which that price and availability data are displayed, or (b) you obtain Product pricing and availability data via API and you comply with the requirements regarding use of API in the License.

In addition, if you choose to display prices for any Product on your Site in any “comparison” format (including through the use of any price-comparison tool or engine) together with prices for the same or similar products offered through any web site or other means other than a Vitamin Shots Site, you must display both the lowest “new” price and, if we provide it to you, the lowest “discounted” price at which the Product is available on the Vitamin Shots Site.

You must not post any Special Links on Vitamin Shots or link to any page on your Site from Vitamin Shots specifically to promote your Special Links.

Responsibility for Your Site

You will be solely responsible for your Site, including its development, operation, dependency, services, and maintenance and all materials that appear on or within it. For example, you will be solely responsible for:

(a) the technical operation of your Site and all related equipment,

(b) displaying Special Links and Program Content on your Site in compliance with the Agreement, all applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any applicable governmental authority, including those related to disclosures (for example, if applicable, the U.S. FTC Guides Concerning the Use of Endorsement and Testimonials in Advertising) and electronic marketing, data protection and privacy (for example, if applicable, the Directive 2002/58/EC (Privacy and Electronic Communications Directive), and the General Data Protection Regulation (GDPR) (EU) 2016/679), and any agreement between you and any other person or entity (including any restrictions or requirements placed on you by any person or entity that hosts your Site),

(c) creating and posting, and ensuring the accuracy, completeness, and appropriateness of, materials posted on your Site (including all Product descriptions and other Product-related materials and any information you include within or associate with Special Links),

(d) using the Program Content, your Site, and the materials on or within your Site in a manner that does not infringe, violate, or misappropriate any of our rights or those of any other person or entity (including copyrights, trademarks, privacy, publicity, or other intellectual property or proprietary rights) and ensuring compliance with the Vitamin Shots Affiliates Anti-Counterfeit Policy,

(e) disclosing on your Site accurately and adequately and otherwise satisfying applicable legal requirements, either through a privacy policy or otherwise, the use of cookies, pixels, and other technologies by you and third parties and how you collect, use, store, and disclose data collected from visitors in accordance with applicable laws, including, where applicable, that third parties (including us and other advertisers) may serve content and advertisements, collect information directly from visitors, and place or recognize cookies on visitors’ browsers, and providing information on the visitor’s choices with respect to opting-out from online advertising where required by applicable law, and

(f) any use that you make of the Program Content, and the Vitamin Shots Marks, whether or not permitted under the Agreement.

4. Promotional Limitations

You will not engage in any promotional, marketing, or other advertising activities on behalf of us or our affiliates, or in connection with a Vitamin Shots Site or the Affiliates Program (“Promotional Activities”), that are not expressly permitted under the Agreement. You will not engage in any Promotional Activities in any offline manner, including by using any of our or our affiliates’ trademarks or logos (including any Vitamin Shots Mark), any Program Content, or any Special Link in connection with any printed material, ebook, mailing, or any oral solicitation. You may include Special Links in emails, SMS and direct messaging from your social media Sites; provided, that such communications are solicited (i.e., opted into by the receiving customer) and are otherwise in compliance with the Agreement, the Trademark Guidelines, and the Vitamin Shots Brand Usage Guidelines. Upon our request, you will provide us with representative sample materials and written certification that you have complied with the foregoing. We will specify the form of, and content required in, that certification in any such request. Any failure by you to provide the certification in accordance with our request will constitute a material breach of this Agreement. For the avoidance of doubt, (i) for the purposes of applicable marketing laws (for example, if applicable, the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act of 1991 and any similar or successor legislation), you are the “Sender” of each communication containing any Special Links, and (ii) you must comply with applicable laws and marketing industry standards and best practices for all communications relating to the Affiliates Program.

5. Distribution of Special Links Through Software and Devices

You will not use any Program Content or Special Link, or otherwise link to a Vitamin Shots Site, on or in connection with: (a) any client-side software application (e.g., a browser plug-in, helper object, toolbar, extension, component, or any other application executable or installable by an end user) on any device, including computers, mobile phones, tablets, or other handheld devices (other than Approved Mobile Applications); or (b) any television set-top box (e.g., digital video recorders, cable or satellite boxes, streaming video players, blu-ray players, or dvd players) or Internet-enabled television (e.g., GoogleTV, Sony Bravia, Panasonic Viera Cast, or Vizio Internet Apps). You will not, without or express prior written approval, use, or allow any third party to use, any Special Links or Program Content to develop machine learning models or related technology.

6. Content on your Site

You will be solely responsible for the content on your Site and ensure:

(a) You will not add to, delete from, or otherwise alter any Program Content in any way, including by adding additional information, except that you may resize Program Content consisting of a graphic image in a manner that maintains the original proportions of the image or truncate Program Content consisting of text in a manner that does not materially alter the meaning of the text or cause the text to become factually incorrect, or misleading. Some types of links that we may make available to you may contain a link to an informational page on a Vitamin Shots Site that is not formatted as a Special Link (for example, links to privacy policy information at the bottom of banners); without limiting the generality of the foregoing, you will not remove, obscure, or alter, or make invisible, illegible, or indecipherable to visitors of your Site, any “Privacy Information” link.

(b) You will not sell, resell, redistribute, sublicense, or transfer any Program Content or any application that uses, incorporates, or displays any Program Content, API, or Data Feeds. For example, you will not use, or enable, or facilitate the use of Program Content within advertising outside of your Site or on or within any application, platform, site, or service (including social networking sites) that requires you to sublicense or otherwise give any rights in or to any Program Content to any other person or entity, nor will you create links formatted with your Affiliates tag for, or display such links on, a site that is not your Site.

(c) You will promptly remove from your Site and delete or otherwise destroy any Program Content that is no longer displayed on a Vitamin Shots Site or that we notify you is no longer available for your use.

(d) You will not use any Program Content, including any name or likeness embodied in that Program Content, in a manner that implies a person’s or company’s endorsement or sponsorship of, or commercial tie-in or other association with, any product, service, party, or cause (including by placing unrelated third party materials in close proximity to Program Content).

(e) You will not (and you will not seek to) purchase, register or otherwise use any Vitamin Shots Mark (as defined in the Trademark Guidelines) or variations or misspellings of any of those words (e.g., “Vitamine Shots,” “Glm Dust” Vitamine Powda,”) for use in any Search Engine . In addition to any other rights or remedies available to us, upon our request you will cause any Search Engine designated by us to exclude Proprietary Terms (defined below) from keywords used to display your advertising content in association with search results (e.g., request exclusion by negative keyword bidding), assuming the Search Engine offers such exclusion capabilities.

(f) You will not bid on or purchase keywords, search terms, or other identifiers, including the word “Vitamin Shots,” Glam Dust,” or any other trademark of Vitamin Shots or its affiliates or variations or misspellings of any of these words (“Proprietary Terms” and you can see a non-exhaustive list of our trademarks in the Non-Exhaustive Trademarks Table) or otherwise participate in keyword auctions on any Search Engine if the resulting paid search advertisement is a Prohibited Paid Search Placement (as defined in the Commission Income Statement). You may purchase paid search advertisements and submit links to Search Engines to appear in response to a general Internet search query or keyword (i.e., in natural, free, organic, or unpaid search results), so long as you comply with the Agreement and those paid or unpaid search results send users to your site and not directly, or indirectly via a Redirecting Link (as defined in the Commission Income Statement), to a Vitamin Shots Site.

(g) You will not offer any person or entity any consideration, reward, or incentive (including any money, rebate, discount, points, donation to charity or other organization, or other benefit) for using Special Links. For example, you cannot implement any “rewards” or loyalty program that incentivizes persons or entities to visit a Vitamin Shots Site via your Special Links.

(h) You will not intercept, record, redirect, read, interpret, or fill in the contents of any electronic form or other material submitted to us by any person or entity.

(i) You will not request, collect, obtain, store, cache, or otherwise use any account information used by our customers in connection with any Vitamin Shots Site (including any usernames or passwords of Vitamin Shots Site customers).

(j) You will not modify, redirect, suppress, or substitute the operation of any button, link, or other feature of a Vitamin Shots Site.

(k) You will not make any orders or engage in other transactions of any kind on a Vitamin Shots Site on behalf of any other person or entity, or authorize, assist, or encourage any other person or entity to do so.

(l) You will not take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (for example, search, browse, or order) are occurring.

(m) You will not include on your Site, display, or otherwise use Special Links or Program Content in connection with, any spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device.

(n) You will not frame a Vitamin Shots Site, or any part of it, within your Site, including by display within an integrated web browser (e.g., WebView) within a Mobile Application. However, displaying a Special Link on your Site in accordance with Section 2 of these Participation Requirements, will not be a violation of this section.

(o) You will not post or serve any Special Links or other content promoting a Vitamin Shots Site within any pop-up or pop-under windows, transitional page ads, or layer ads, except for pop-up windows in conjunction with your Site promoting Products closely associated with the materials on your Site.

(p) You will not include any Special Links in any content that you place on a Vitamin Shots Site (for example, in connection with any advertising service available through a Vitamin Shots Site or in a customer review, forum, Wish List, guide, or any other customer-generated context available on a Vitamin Shots Site).

(q) You will not attempt to circumvent the Commission Income Statement or artificially increase your commission income. For example, you cannot cause any page of a Vitamin Shots Site to open in a customer’s browser other than as a result of the customer clicking on a Special Link on your Site.

(r) You will not attempt to intercept or redirect (including via software installed on users’ computers) traffic from or on, or divert commission income from, any site that participates in the Affiliates Program.

(s) You will not artificially generate clicks or impressions on your Site or create Sessions on a Vitamin Shots Site, whether by way of a robot or software program or otherwise.

(t) You will not display or otherwise use any of our customer reviews or star ratings, in part or in whole, on your Site unless you have obtained a link to that customer review or star rating through API and you comply with the requirements for API described in the License.

(u) You will not directly or indirectly purchase any Product(s) or take a Bounty Event action through Special Links, whether for your use or for the use of any other person or entity, and you will not permit, request or encourage any of your friends, relatives, employees, contractors, or business relations to directly or indirectly purchase any Product(s) or take a Bounty Event action through Special Links, whether for their use, your use or the use of any other person or entity. Further, you will not purchase any Product(s) through Special Links or take a Bounty Event action for resale or commercial use (of any kind) or offer any Products on your Site for resale or commercial use of any kind.

(v) You will not cloak, hide, spoof, or otherwise obscure the URL of your Site containing Special Links (including by use of Redirecting Links) or the user agent of the application in which Program Content is displayed or used such that we cannot reasonably determine the site or application from which a customer clicks through such Special Link to a Vitamin Shots Site.

(w) You will not use a link shortening service, button, hyperlink or other ad placement in a manner that makes it unclear that you are linking to a Vitamin Shots Site.

(x) Upon our request, you will provide us with written certification that you have complied with the Agreement (generally or specifically with respect to any provision of the Agreement, including the Program Policies). Any failure to provide the certification in accordance with our request will constitute a material breach of the Agreement.

(y) Unless otherwise agreed by Vitamin Shots, your Site must not have price tracking and/or price alerting functionality.

(z) You will not display on your Site, or otherwise use, any Program Content to advertise or promote any products that are offered on any site that is not a Vitamin Shots Site (e.g., products offered by other retailers). You will not display on your Site or otherwise use any data, images, text, or other information or content you may obtain from us that relates to Excluded Products.

Affiliates Program Products Statement (“Products Statement”)

1.Products

Under the Affiliates Program, subject to the additions and exclusions described in this Products Statement, a “Product” is any physical or digital item sold on a Vitamin Shots Site.

2.Services

No services other tha Vitamin Shots Home Services are currently included in Products at this time.

Excluded Products

Notwithstanding the above, the following items and services are currently excluded from the Products included in the Affiliates Program (“Excluded Products”):

(a) any product or service sold on a site linked to from a Vitamin Shots Site (for example, a product or service listed through our “Product Ads” program or sold on a site linked to from a banner ad, sponsored link, or other link displayed on a Vitamin Shots Site),

(b) any alcoholic beverage advertised on your Site if you are a United States business holding a license to manufacture, wholesale, or distribute any alcoholic beverages, or if your Site is operating on behalf of, such a business,

(d) any product or service which has been excluded by a third-party seller or vendor. You will receive an alert if a product or service is excluded when attempting to link using the tools, we make available on the Vitamin Shots Website.

Affiliates Program Mobile Application Policy (“Mobile Application Policy”)

If your Site includes a software application designed and intended for use on mobile phones, tablets, or other handheld devices (a “Mobile Application”), your Mobile Application:

(a) must be available in either the Google Play, Apple, or Vitamin Shots app stores,

(b) must be free to download and all Vitamin Shots links must be accessible without paying for access,

(d) must not emulate Vitamin Shots’s own shopping app functionality, and

(e) must not host or render Vitamin Shots web pages in WebViews.

We will evaluate your application and notify you of its acceptance or rejection. A Mobile Application that is accepted will be an “Approved Mobile Application” for purposes of the Agreement.

Affiliates Program Trademark Guidelines (“Trademark Guidelines”)

These Guidelines apply to the use of the marks we may make available to you as part of Program Content (“Vitamin Shots Marks”). Strict compliance with these Guidelines is required at all times, and any use of the Vitamin Shots Marks in violation of these Guidelines will automatically terminate any license related to your use of the Vitamin Shots Marks.

YOU ARE ALLOWED TO USE THE VITAMIN SHOTS MARKS ONLY BY DISPLAY ON YOUR SITE WITH THE PURPOSE OF ADVERTISING AVAILABILITY OF PRODUCTS ON A VITAMIN SHOTS SITE, WITH A CORRESPONDING SPECIAL LINK TO THAT SITE.
Your use of the Vitamin Shots Marks must (i) comply with the most up-to-date version of these Guidelines; and (ii) comply with all Program Documents (as defined in the Commission Income Statement).
You may use the Vitamin Shots Marks solely for the purpose specifically authorized under the Program Documents. You may not use or display the Marks (i) in any manner that implies sponsorship or endorsement by us; (ii) to disparage us, our products or services; (iii) in a way that may, at our discretion, diminish or otherwise damage our goodwill in the Vitamin Shots Marks; or (iv) in offline material or email (e.g., in any printed material, mailing, SMS, MMS, attachment to email, or other document, or any oral solicitation).
We will supply an image or images of the Vitamin Shots Marks for you to use. You may not alter any Vitamin Shots Mark in any manner. For example, you cannot change the proportion, color, or font of any Vitamin Shots Mark, or add or remove any elements from any Vitamin Shots Mark.
Each Vitamin Shots Mark must appear by itself, in its entirety, with reasonable spacing between each side of the Vitamin Shots Mark and other visual, graphic, or textual elements. Under no circumstance can any Vitamin Shots Mark be placed on any background that interferes with the readability or display of that Vitamin Shots Mark.
All rights to the Vitamin Shots Marks are our exclusive property, and all goodwill generated through your use of any Vitamin Shots Mark will inure to our exclusive benefit. You will not take any action that conflicts with our rights in, or ownership of, any Vitamin Shots Mark.
You cannot display or otherwise use any trademark of any third-party seller or vendor on a Vitamin Shots Site in connection with any Special Link unless you have obtained from that seller or vendor specific written authorization to do so.
You cannot use or apply to register any trademark that is confusingly similar to any Vitamin Shots mark in any jurisdiction. You cannot use or apply to register any trademark, domain name, subdomain, username or app name that is confusingly similar to any Vitamin Shots mark in any jurisdiction.

We reserve the right to modify these Trademark Guidelines and the approved Vitamin Shots Marks, at any time and in our sole discretion, by posting a change notice or revised Trademark Guidelines or approved Vitamin Shots Marks on the Affiliates Site.

We reserve the right to take appropriate action against any use without permission or any use that does not conform to these Guidelines, at any time and in our sole discretion

Affiliates Program IP License (“License”)

This License governs your use of Program Content in connection with your participation in the Affiliates Program. By accepting the Agreement, or by accessing or using the Program Content, including the proprietary application programming interfaces and other tools (collectively, the “API”) that permit you to access and use certain types of data, images, text, and other information and content relating to Products (“Product Advertising Content”) which we may make available to you, you agree to be bound by this License.

1.Limited License to Program Content

Subject to the terms of the Agreement and solely for the limited purposes of participation in the Affiliates Program in strict compliance with the Agreement (including this License and the other Program Policies), we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to: (a) copy and display Program Content solely on your Site; (b) use only those of the Vitamin Shots Marks (as defined in the Trademark Guidelines) we make available to you as part of the Program Content, solely on your Site and in accordance with the Trademark Guidelines, and (c) access and use API, Data Feeds, and Product Advertising Content solely in accordance with the Specifications and this License.

You will use Program Content solely in accordance with the terms of the Agreement and within the express scope of the license granted herein. Without limiting the foregoing, you will (a) use Program Content solely to send end users and sales to a Vitamin Shots Site and will not link any Program Content to, or in conjunction with any Program Content, direct traffic to any page of a site other than a Vitamin Shots Site (however, parts of your Site that are not closely associated with the Program Content may contain links to sites other than a Vitamin Shots Site) and (b) link each use of the Program Content solely to the related Product detail page or other relevant page of a Vitamin Shots Site and not to any other page.

API or Data Feeds may allow you to access data, images, text, and other information and content relating to products offered on one or more affiliate sites. If you use API or Data Feeds to access or use any such data, images, text, or other information or content, you agree to comply with and be bound by the terms of the applicable license agreement for API or Data Feeds (or equivalent service) providing Product Advertising Content from such affiliate sites.

The License will immediately and automatically terminate if at any time you do not timely comply with any obligation under the Program Documents (as defined in the Commission Income Statement), or otherwise upon termination of this Agreement. In addition, we may terminate the License in whole or in part upon written notice to you. You will promptly stop using the Program Content (including API and Data Feeds) and promptly remove from your Site and delete or otherwise destroy all of the Program Content and Vitamin Shots Marks with respect to which the License is terminated or as we may otherwise request from time to time.

2.API Usage Requirements

(a) Description. Under this License, we may make available to you Program Content including the following:

Data, images, audio, video, logos, user interface designs, and other creative designs; and
Textual materials, such as textual Product information.

In addition to the foregoing Product Advertising Content and access to API, we may make available from time to time for use in connection with API sample source code and libraries, each of which will be made available to you under a separate license that accompanies each sample source code or library, as applicable. In connection with API, we may also make available specifications, user manuals, guides, supporting materials, and other information, regardless of format, describing the operational and functional capabilities, use limitations, technical and engineering requirements, and testing and performance criteria relevant to the proper use of API (collectively, “Specifications”). “Product Advertising Content,” as used in this License Agreement, specifically excludes any sample source code or libraries we make available to you under a separate license and any Specifications that we make available. It also specifically excludes any data, images, text, or other information or content relating to products offered on any site other than a Vitamin Shots Site.

(b) Obtaining Product Advertising Content. You may obtain Product Advertising Content by making calls to API. If we provide express prior written approval, you may also obtain Product Advertising Content through a data feed (“Data Feeds”) that we make available via file transfer protocol. If you obtain Product Advertising Content through Data Feeds, your access to and use of Data Feeds is subject to this License. You acknowledge that we may change, deprecate, or republish API or Data Feeds, or any features of API or Data Feeds, at any time and from time to time, and you agree that it is your responsibility to ensure that your access to and use of API or Data Feeds is compatible with the then-current requirements (including this License and all Program Policies).

You must use both a unique public key/private key pair (each key pair, an “Account Identifier”) and an Affiliates tag parameter (which can be either the Associate ID issued to you under the Vitamin Shots Affiliates Program or a related Affiliates Program tracking ID) to identify your account and make calls to API. You may obtain your Account Identifiers through API account creation process.

If you obtain Product Advertising Content through a Data Feed, you must use a unique username/ password combination to access the Data Feeds (“Data Feed Access ID”). You must obtain your Data Feed Access ID as part of the Data Feeds approval process.

We may change your Account Identifiers or Data Feed Access ID from time to time. An Account Identifier that is a private key or a Data Feed Access ID that is a password is for your personal use only, and you must maintain its secrecy and security. You may not sell, transfer, sublicense, or otherwise disclose your private key or password to any other person or entity. An Account Identifier that is a public key or a Data Feed Access ID that is a username is not secret.

You are responsible for all activities that occur under your Account Identifiers and/or Data Feed Access ID, as applicable, regardless of whether those activities are undertaken by you or any other person or entity. Therefore, you should contact us immediately if you believe that someone other than you may be using your private key or password, or if your private key or password is otherwise disclosed, lost, or stolen. You may not use any Affiliates tag parameter, Account Identifier, or Data Feed Access ID assigned to anyone other than you or that we did not specifically assign to you.

(c) Usage Requirements. By making calls to API, accessing the Data Feeds, or using Product Advertising Content, you agree to comply with the following requirements:

You will use Product Advertising Content only in a lawful manner in accordance with and within the express scope of the terms of this License. You will not use API, Data Feeds, or Product Advertising Content with any site or application, or in any other manner, that does not have the principal purpose of advertising and marketing a Vitamin Shots Site and driving sales of products and services on a Vitamin Shots Site.
You will comply with all pages, schedules, policies, guidelines, and other documents and materials, including all Specifications, referenced in this License and the Program Policies.

iii. You will link each use of Product Advertising Content to, and only to, the relevant page of a Vitamin Shots Site (for example, the relevant Product detail page or other page to which particular Product Advertising Content most directly relates), and you will not link any Product Advertising Content to, or in conjunction with any Product Advertising Content direct traffic to, any page of a site other than a Vitamin Shots Site (however, parts of your application that are not closely associated with Product Advertising Content may contain links to sites other than a Vitamin Shots Site).

(d) You will not, without our express prior written approval, use any Product Advertising Content on or in connection with any site or application designed or intended for use with a mobile phone or other handheld device. This prohibition will not apply to (1) any site that is not designed or intended for use with such devices but that may be accessible by such devices, such as a non-mobile-optimized site accessed via an internet browser on a tablet device; (2) an Approved Mobile Application as defined in the Mobile Application Policy; or (3) any television set-top box (e.g., digital video recorders, cable or satellite boxes, streaming video players, blu-ray players, or dvd players) or Internet-enabled television (e.g., GoogleTV, Sony Bravia, Panasonic Viera Cast, or Vizio Internet Apps).

(e) You will not, without our express prior written approval, access or use API or Data Feeds for the purpose of aggregating, analyzing, extracting, or repurposing any Product Advertising Content or in connection with any software or other application intended for use by persons or entities that offer products on a Vitamin Shots Site, or in the direct training or fine-tuning of a machine learning model.

(f) You will not (i) interfere, or attempt to interfere, in any manner with the functionality or proper working of API; (ii) compile or use Product Advertising Content for the purpose of direct marketing, spamming, unsolicited contacting of sellers or customers, or other advertising activities; or (iii) remove, obscure, alter, or make invisible, illegible, or indecipherable, any notice, including any notice of intellectual property or proprietary right, appearing on or contained within API, Data Feeds, Product Advertising Content, or Specifications.

(g) You will not, and will not attempt to (i) modify, alter, tamper with, repair, or otherwise create derivative works of the Specifications or any software included in Product Advertising Content; or (ii) reverse engineer, disassemble, decompile (except to the extent such right cannot be excluded or limited by law and then only when our express permission has been sought and refused), or otherwise derive any source code of or relating to API, Data Feeds, or any software included in Product Advertising Content.

(h) You will not store or cache Product Advertising Content consisting of an image, but you may store a link to Product Advertising Content consisting of an image for up to 24 hours. You may store other Product Advertising Content that does not consist of images for caching purposes for up to 24 hours, but if you do so you must immediately thereafter refresh and re-display the Product Advertising Content by making a call to API or retrieving a new Data Feed and refreshing the Product Advertising Content on your application immediately thereafter. Unless otherwise notified by us, you may store individual Vitamin Shots Identification Numbers for an indefinite period until the termination of this License. Notwithstanding the foregoing, if your application includes a client application, the client application may not store or cache Product Advertising Content. Upon our request you will, within three business days of our request, furnish us with a copy of any client application that includes or uses Product Advertising Content for the purpose of verifying your compliance with this License.

(i) You will include a date/time stamp adjacent to your display of pricing or availability information on your application if you obtain Product Advertising Content from Data Feeds, or if you call API or refresh the Product Advertising Content displayed on your application less frequently than hourly. However, during the same day on which you requested and refreshed the pricing and availability information displayed on your application, you may omit the date portion of the stamp. Examples of acceptable messaging include:

Vitamin Shots.com Price: $ 89.99 (as of 01/07/2025 14:12 PST- Details)
Vitamin Shots.com Price: $ 89.99 (as of 14:12 EST- More info)

Additionally, you must either include the following disclaimer adjacent to the pricing or availability information or provide it via a hyperlink, pop-up box, scripted pop-up, or other similar method: “Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on [relevant Vitamin Shots Site(s), as applicable] at the time of purchase will apply to the purchase of this product.” In the above examples, “Details” and “More info” would provide a method for the end user to read the disclaimer.

(j) You will not exceed, or if you build and release an application that calls API, each copy of that application that is installed by an end user will not exceed, any limit on calls per second set forth in any Specifications (or that we otherwise notify you apply) and you will not send files to or from API that are greater than 40KB without our prior written approval.

(k) If you display Product Advertising Content consisting of text on your application, you will include the following disclaimer in plain view to end users of your application: “CERTAIN CONTENT THAT APPEARS [IN THIS APPLICATION or ON THIS SITE, as applicable] COMES FROM VITAMIN SHOTS. THIS CONTENT IS PROVIDED ‘AS IS’ AND IS SUBJECT TO CHANGE OR REMOVAL AT ANY TIME.” You agree to provide us with any information that we request to verify your compliance with this License.

Reservation of Rights; Your Submissions

Other than the limited licenses expressly set forth herein, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to, and you do not, by virtue of this License or otherwise, acquire any ownership interest or rights in or to, the Affiliates Program, Special Links, link formats, Program Content, API, Data Feeds, Product Advertising Content, any domain name owned or operated by us, information and materials on any Vitamin Shots Site or the Affiliates Site, our and our affiliates’ trademarks and logos (including the Vitamin Shots Marks), and any other intellectual property and technology that we provide or use in connection with the Affiliates Program (including any application program interfaces, software development kits, libraries, sample code, and related materials).

If you provide us with suggestions, reviews, modifications, data, images, text, video, or other information relating to any Program Content or in connection with your participation in the Affiliates Program, or if you modify any Program Content in any way (collectively, “Your Submission”), you hereby assign to us all right, title, and interest in and to Your Submission and grant us (even if you have designated Your Submission as confidential) a paid-up royalty-free, nonexclusive, worldwide, freely transferable right and license for the duration of your original and derivative intellectual property rights to: (a) use, reproduce, perform, display, and distribute Your Submission in any manner; (b) adapt, modify, re-format, and create derivative works of Your Submission for any purpose; (c) use and publish your name in the form of a credit in conjunction with Your Submission (however, we will not have any obligation to do so); and (d) sublicense the foregoing rights to any other person or entity. Additionally, you hereby warrant that: (y) Your Submission is your original work, or you obtained Your Submission in a lawful manner and (z) our and our sublicensees’ exercise of rights under the license above will not violate any person’s or entity’s rights, including any copyright rights. You agree to provide us such assistance as we may require to document, perfect, or maintain our rights in and to Your Submission.

Vitamin Shots Influencer Program Policy (“Influencer Program Policy”)

The Affiliates Program “Vitamin Shots Influencer Program” is a country specific program that is available in select countries. You may earn commission income by acting as a social media presence facilitating customer purchases as part of the Vitamin Shots Influencer Program in connection with your participation in the Affiliates Program. In order to participate in the Vitamin Shots Influencer Program, an eligible Associate (“Influencer”) must meet Vitamin Shots qualitative and quantitative thresholds, complete the registration process, and comply with the applicable provisions of the Agreement, including this Influencer Program Policy.

Registration Information; Influencer Page.

(a) Registration Information. To register as an Influencer, you must complete all information requirements, including granting requests to access data regarding your social media presences.

(b) Influencer Page. This Vitamin Shots Influencer Program may include a Vitamin Shots Site influencer page registered through Vitamin Shots and assigned to you (“Influencer Page”). With respect to Special Links that direct customers to your Influencer Page, the related Session will be measured as beginning when our customer clicks through to your Influencer Page. The Influencer Page is a “Service Offering” for all purposes under the Agreement. With respect to any text, pictures, compilations, lists, comments, digital videos, or other data or content you submit to Vitamin Shots in connection with the Vitamin Shots Influencer Program (“Influencer Content”), you will not submit such Influencer Content if it violates any standard included in Section 1 of the Participation Requirements or the Vitamin Shots Community Guidelines.

2. Onsite Use

(a) Discretion in Use; Removal Right. Vitamin Shots may (as determined by Vitamin Shots in its sole discretion) but is not obligated to use Influencer Content, subject to the terms of the license described in Section 3(b) of the Influencer Program Policy. Vitamin Shots reserves the right (in its sole discretion and at any time) to reject, remove, suspend, or restore any or all of the Influencer Content.

(b) Compensation. With respect to Influencer Content used by Vitamin Shots within the Vitamin Shots Site, Influencer will earn commission income (“Onsite Commission Income”) as further detailed in the Affiliates agreement. To be eligible to earn Onsite Commission Income from the applicable Vitamin Shots Site, you must be registered as an Influencer for the applicable Vitamin Shots Site with a dedicated Store ID for this purpose.

3. Reservation of Rights; Use of Influencer Marks; Indemnification

(a) Reservation of Rights. We reserve all right, title and interest (including all intellectual property and proprietary rights) in and to, and you do not, by virtue of the Agreement or otherwise, acquire any ownership interest or rights in or to, the Influencer Page, the Influencer Page URL, information and materials on the Influencer Page or any other aspect of the Vitamin Shots Site. You will not take any action that conflicts with our rights in, or ownership of, the Influencer Page. Vitamin Shots reserves all rights to determine the content, appearance, functionality, URL, and all other aspects of the Influencer Page and Vitamin Shots Site, including through the display of (i) advertising materials on the Influencer Page, without compensation to Influencer, and (ii) disclosure (by text, link, icon, or otherwise) regarding Influencer’s participation in the Vitamin Shots Influencer Program.

(b) Influencer Marks License. By accepting this Influencer Program Policy, you hereby grant to Vitamin Shots a non-exclusive, worldwide, fully paid-up, royalty-free license for the maximum duration of your original and derivative intellectual property rights in all languages to use, copy, reproduce, adapt, translate, excerpt, reformat, distribute, transmit and display your name, photo, logo and other trademarks (“Influencer Marks”) and materials provided to Vitamin Shots in connection with the Vitamin Shots Influencer Program, including through linkage to your Vitamin Shots public profile; provided however, that Vitamin Shots will not alter any Influencer Marks from the form provided by Influencer (except to re-format or re-size, so long as the relative presentation of the Influencer Marks remains the same).

(c) Influencer Content and Site. For avoidance of doubt, you acknowledge that Influencer Content you submit will be subject to the provisions of the Conditions of Use on the relevant Vitamin Shots Site relating to posting content or submitting material and that your Influencer Content and Site are subject to the requirements of Section 3(b) of the Participation Requirements relating to compliance with all applicable laws (for example, if applicable, the US FTC Guides Concerning Use of Endorsement and Testimonials in Advertising). Additionally, if Influencer has any other material connection or otherwise receives any compensation from any other manufacturer, distributor, brand, or third party in connection with any Influencer Content, Influencer is also responsible for following all applicable laws with respect to those connections or compensation arrangements, including those described in the FTC Endorsement Guides (such as by using the text “#Ad” or “#Sponsored”).

(d) Indemnification. WE WILL HAVE NO LIABILITY FOR ANY MATTER DIRECTLY OR INDIRECTLY RELATING TO THE CREATION, MAINTENANCE, OR OPERATION OF THE INFLUENCER PAGE AND INFLUENCER CONTENT, AND YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES, HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) RELATING TO ANY INFLUENCER CONTENT.

Termination.Vitamin Shots may suspend or terminate Influencer’s participation in the Vitamin Shots Influencer Program, and Influencer may terminate such participation, in each case immediately by notice provided in accordance with the termination provisions of the Agreement. The rights set forth in Section 3 of this Influencer Program Policy, including all rights related to the use of Influencer Marks and other materials provided in connection with the Vitamin Shots Influencer Program, will survive and continue after the termination of Influencer’s participation in the Vitamin Shots Influencer Program; provided that, we will use commercially reasonable efforts to remove any Influencer Marks from the Influencer Page following termination.

Our Policies

Terms of Service

Privacy Policy

Affiliate Program Policies

Terms of Service

WEBSITE

REGISTRATION

PURCHASING PRODUCTS

SUBSCRIPTION PROCESS, RENEWAL AND CANCELLATION

BILLING AND PAYMENTS

GIFT CARDS

PRODUCT REVIEWS

SMS MARKETING AND SUPPORT PROGRAM

DISCLAIMERS

DISCLAIMERS

NOTICE REGARDING PROFESSIONAL ADVICE

LIMITATION OF LIABILITY

COPYRIGHT

TRADEMARKS

INDEMNIFICATION

PRIVACY AND INTERNATIONAL USERS

THIRD-PARTY LINKS AND SITES

FEEDBACK

MISCELLANEOUS

ARBITRATION AGREEMENT

Terms of Service

WEBSITE

REGISTRATION

PURCHASING PRODUCTS

SUBSCRIPTION PROCESS, RENEWAL AND CANCELLATION

BILLING AND PAYMENTS

GIFT CARDS

PRODUCT REVIEWS

SMS MARKETING AND SUPPORT PROGRAM

DISCLAIMERS

NOTICE REGARDING PROFESSIONAL ADVICE

LIMITATION OF LIABILITY

COPYRIGHT

TRADEMARKS

INDEMNIFICATION

PRIVACY AND INTERNATIONAL USERS

THIRD-PARTY LINKS AND SITES

FEEDBACK

MISCELLANEOUS

ARBITRATION AGREEMENT

Privacy Policy

Personal information we collect

How we use your personal information

How we share your personal information

Your choices

Other sites and services

Security

International data transfer

Children

Changes to this Privacy Policy

How to contact us

State privacy rights notice

Affiliates Program Policies

Affiliates Program Policies

Affiliates Program Commission Income Statement (“Commission Income Statement”)

Affiliates Program Participation Requirements (“Participation Requirements”)

Affiliates Program Products Statement (“Products Statement”)

Affiliates Program Mobile Application Policy (“Mobile Application Policy”)

Affiliates Program Trademark Guidelines (“Trademark Guidelines”)

We reserve the right to take appropriate action against any use without permission or any use that does not conform to these Guidelines, at any time and in our sole discretion

Affiliates Program IP License (“License”)

Vitamin Shots Influencer Program Policy (“Influencer Program Policy”)