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These Terms & Conditions ("Terms") govern your participation in the NuBest Brand Ambassador Program ("Program"). When we say "NuBest," "Company," "we," "our," or "us," we mean NuBest, Inc. When we say "Ambassador," "you," or "your," we mean the individual who participates in the Program. "Products" means any products manufactured and distributed under the NuBest or Doctor Taller brand names.
By participating in the Program, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as NuBest's Privacy Policy and Website Terms of Service.
The NuBest Ambassador Program operates through Shopify Collabs, which is Shopify's official creator marketing platform. By participating in our Program, you also agree to comply with Shopify's Collabs terms and guidelines as outlined at Shopify Collabs for creators.
Your use of the Shopify Collabs platform is subject to Shopify's terms of service, and you acknowledge that certain aspects of the Program are governed by Shopify's policies and technical capabilities.
To participate in the Program, you must:
a) Be at least 18 years old;
b) Have an active public social media account with at least 1,000 followers;
c) Comply with all Federal Trade Commission ("FTC") guidelines, including disclosure requirements for social media influencers;
d) Comply with all applicable laws and regulations;
e) Meet Shopify Collabs platform requirements; and
f) Not be subject to any agreement that restricts your performance under these Terms.
NuBest reserves the right to approve or decline applications and terminate participation at its discretion.
You are officially granted the Ambassador rights after successfully activating your account from an invite email sent by NuBest. If you have not received the activation email to join the Program, please check your Promotions or Spam folder, or contact us in one of the following ways: submit a support request to our point of contact for your influencer collaboration, or contact our marketing team at partners@nubest.com.
If you apply to become an Ambassador via the Shopify Collabs network or submit a form on the NuBest Ambassador Program page, please monitor your email inbox for updates. If your application is approved, you will receive a notification email within 2-7 business days.
As a NuBest Ambassador, you agree to:
• Create and post authentic content featuring NuBest Products ("Content") on social media platforms and within your community, preferably in the form of videos or images with text descriptions;
• Share your unique promo code or affiliate link with your followers;
• Include proper FTC disclosures in all promotional content;
• Follow NuBest's Brand Guide for approved claims and messaging; and
• Represent NuBest positively and authentically.
In addition to these responsibilities, you represent and warrant that:
• You will represent NuBest Products in a positive, truthful and sincere manner and not engage in any activity or action that may damage or be harmful to the reputation, goodwill or interests of NuBest, any Product, or any of Company's associates, employees, directors, officers, agents, partners or affiliates;
• You will not commit any act which brings NuBest into public disrepute, contempt, scandal, or ridicule, or which insults or offends any of NuBest's customers, competitors or the general community to which NuBest's advertising materials are directed, or which might tend to harm NuBest or any of NuBest's Products and/or services including, without limitation, disparaging NuBest or any of NuBest's Products and/or services;
NuBest may provide free product samples for your review purposes but is not obligated to do so. Each free sample sent to you typically comes with the expectation that you publish at least one piece of content sharing about the product.
You are not required to purchase Products to participate in the Program.
5.1 Commission Structure
• Standard Commission Rate: 15% of order value (excluding shipping rates and taxes)
• Customer Discount: 20% off their purchase when using your referral code
From time to time, NuBest may offer different commission rates to individual Ambassadors ("Custom Offer"), up to 25% of order value depending on performance, collaboration history, content quality, or other conditions determined by NuBest.
5.2 Payment Terms
• Minimum payout threshold: $10
• Payment method: Via Shopify Collabs platform (typically PayPal or bank transfer)
• Processing time: As determined by Shopify Collabs platform, typically 5-7 business days after your payout request
• Validation period: 30 days for order verification.
5.3 Commission Exclusions
Commissions will NOT be paid on:
Returned or refunded products
Fraudulent transactions
Orders from our wholesale program members
Sales violating these Terms
Shipping costs or taxes
You are responsible for all applicable taxes on your earnings.
You must clearly and conspicuously disclose your material connection to NuBest in all promotional content by:
a) Using hashtags such as #nubestpartner, #sponsored, or #paid;
b) Placing disclosures where they are easily noticed without clicking or scrolling;
c) Including both verbal and written disclosures in video content; and
d) Following all FTC Endorsement Guidelines and Disclosure Requirements.
Failure to include proper disclosures is a material breach of these Terms and may result in immediate termination without compensation.
You agree NOT to:
a) Make false or unsubstantiated health claims about Products;
b) Claim Products diagnose, treat, cure, or prevent any disease;
c) Use spam or unsolicited communications to promote Products;
d) Misuse NuBest trademarks, logos, or intellectual property;
e) Create fake engagement or followers;
f) Share confidential information provided by NuBest;
g) Resell Products or use unauthorized promotional codes;
h) Engage in fraudulent activity;
i) Create content that is offensive, discriminatory, or harmful to NuBest's reputation;
j) Use NuBest's brand name in your username, handle, or domain names;
k) If you are a healthcare professional, use your professional authority to improperly influence patient purchases; or
l) Violate any applicable laws, regulations, platform terms of service, or Shopify Collabs guidelines.
During onboarding, we typically provide a personalized vanity code (promo code) based on your name. You may customize or edit the code, but you must ensure your promo code:
• Must NOT include "NuBest" or variations of our brand nam
• Must NOT reference sales, discounts, holidays, or free shipping
• Must NOT imitate existing NuBest promotional codes
• Must be unique and non-misleading
• May be modified or deactivated by NuBest at our discretion with notice
• Must comply with Shopify Collabs naming conventions and restrictions
9.1 License to Your Content
You grant NuBest a worldwide, royalty-free license to use your Content for marketing purposes during the Program, including your name, likeness, image, photograph, voice, videos, distinctive appearance, gestures, mannerisms, biography, statements, avatar, and/or social media name and/or handle and any other indicia or other attributes in any manner that NuBest determines supports the purposes of the Program, in NuBest’s sole discretion, including but not limited to use in any media that accepts advertising or promotional content or communications.
Further, you acknowledge and agree that the rights granted by you to NuBest with respect to your Content are granted without additional compensation to you other than what is provided in the Terms above, except as expressly agreed in writing between you and NuBest.
9.2 NuBest Property
NuBest grants you a limited, revocable license to use approved NuBest assets, including NuBest’s logo, trademarks, slogans, taglines, domain names, coupons, hypertext links, promotional codes, designs, works of authorship, and other advertising and marketing material (collectively, “NuBest Intellectual Property”) solely in the form and format provided to you through the Program, and solely for the purpose and in the manner specifically authorized by NuBest.
All NuBest intellectual property remains our exclusive property. By accepting these terms, you warrant that you will not use NuBest's name, or any trademarks, copyrighted materials, or other intellectual property of NuBest in any advertising, social media, or in literature other than material provided by NuBest, without first obtaining the express written permission of NuBest, except as expressly provided in these Terms.
You agree to keep confidential any non-public information NuBest shares with you, including but not limited to specifications, ingredients and other proprietary information relating to the NuBest Products, sales figures, software passwords, customers, names and contact information, event format, presentation content, inventions, financial information, business plans, copywriting and creative assets, financial projections, personal information of employees and agents, and sponsorship strategies. For the avoidance of doubt, Confidential Information includes non-public information shared with you via email or other communications from NuBest related to the Program.
In the event of any breach or attempted or threatened breach of any of the terms of this Section, NuBest shall be entitled to receive injunctive and other equitable relief, without limiting the applicability of any other remedies.
It is expressly understood and agreed that your relationship with NuBest is that of an independent contractor. Nothing in these Terms is intended to create, and does not create, any employee, partnership, agency, joint venture or similar relationship between yourself and NuBest.
You are solely responsible for your taxes, expenses, social security, and compliance with applicable laws. You understand and agree that NuBest will not withhold or make payments or contributions on your behalf. You agree to indemnify and defend NuBest against any and all such taxes or contributions. You are also responsible for all costs, liabilities and expenses you may incur in connection with performing the Services under these Terms.
The term of these Terms shall begin upon your acceptance of these Terms and will end when terminated by either Party in writing (the "Term"). Your participation in the Program and these Terms may be terminated by NuBest immediately at any time, with or without cause, upon NuBest's written notice to you; and by you upon thirty (30) days written notice by you to NuBest.
Upon termination, you will receive earned commissions for validated sales (unless terminated for breach). All licenses to use NuBest materials cease immediately. Your Shopify Collabs account access may be revoked.
In the event of cancellation or termination by you for any reason or by NuBest for a breach of the Terms by you, in addition to the termination rights hereunder, NuBest shall be entitled to recover all costs (including attorney's fees) in the enforcement of NuBest's rights hereunder and, if you have been paid in advance, NuBest shall be entitled to a refund of any fees advanced to you; or, as applicable, you shall waive all rights you have hereunder, including but not limited to any rights to commissions otherwise earned prior to the applicable payment date.
NuBest may terminate these Terms and all other agreements between NuBest and other brand ambassadors if NuBest elects to cease business operations, dissolve NuBest or terminate its business. Upon the termination of these Terms, all limited licenses granted to you hereunder shall cease and you shall cease to hold yourself out as brand ambassador of NuBest.
The rights and responsibilities related to Intellectual Property Rights, Confidentiality, Indemnification, and Limitation of Liability shall survive any cancellation or termination of these Terms.
You agree to defend, indemnify, and hold harmless NuBest and its affiliates from any claims arising from:
a) Your violation of laws or regulations;
b) Your breach of these Terms;
c) Your negligence or misconduct; or
d) Third-party claims related to your Content.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NUBEST'S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE COMMISSIONS PAID TO YOU IN THE 12 MONTHS PRECEDING ANY CLAIM. NUBEST SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.
15.1 Arbitration Agreement
Any disputes arising from these Terms shall be resolved through binding arbitration under the American Arbitration Association rules, not in court. This includes disputes between you and NuBest, its affiliates, or agents.
15.2 Class Action Waiver
You agree to resolve disputes only in your individual capacity and waive any right to participate in class actions or representative proceedings.
15.3 Exceptions
Small claims court actions and requests for injunctive relief are not subject to arbitration.
The Program's functionality depends on Shopify Collabs platform. NuBest is not responsible for:
Shopify platform downtime or technical issues
Changes to Shopify Collabs terms or functionality
Payment processing delays caused by Shopify
Platform-related tracking or reporting issues
In the event Shopify Collabs is discontinued, NuBest reserves the right to migrate the Program to an alternative platform or terminate the Program with reasonable notice.
17.1 Entire Agreement
These Terms constitute the entire agreement between the parties and supersede all prior agreements.
17.2 Modifications
NuBest may modify these Terms upon notice. Continued participation constitutes acceptance of changes.
17.3 Severability
If any provision is found invalid, the remainder of these Terms shall continue in effect.
17.4 Governing Law
These Terms are governed by the laws of Wyoming and the United States, without regard to conflict of law principles.
17.5 Waiver
No waiver of any breach shall constitute a waiver of any other breach.
17.6 Assignment
You may not assign these Terms. NuBest may assign its rights and obligations to any successor.
17.7 Survival
Provisions regarding intellectual property, confidentiality, indemnification, limitation of liability, and dispute resolution survive termination.
Have a question about the NuBest Ambassador Program? Email us at partners@nubest.com and we’ll assist you as soon as possible.
