Terms And Conditions
For TikTok Shop Creators
Reckitt Benckiser LLC Open Affiliate Program (the “Program”)
Terms and Conditions for TikTok Shop Creators
By clicking the "Add Products" button or otherwise participating in the Program, you ("You", or "Creator") agree to these Reckitt Benckiser LLC ("We", "Us" or "Reckitt") Open Affiliate Terms and Conditions (the "Reckitt Terms") governing Your participation in the Reckitt Open Affiliate Program on TikTok. These Reckitt Terms are separate from TikTok Shop’s Creator Terms of Use. TikTok Shop’s Creator Terms of Use govern Your relationship with TikTok, while these Reckitt Terms, in addition to TikTok Shop’s Creator Terms of Use, govern the relationship between You and Reckitt. We reserve the right to conduct a review of the materials You post on any social media platform and any public data available about You.
These Reckitt Terms shall take precedence when a conflict of terms arises between topics covered in these Reckitt Terms and TikTok Shop’s Creator Terms of Use.
YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THESE RECKITT TERMS. IN ADDITION, IF THESE RECKITT TERMS ARE BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THESE RECKITT TERMS ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT THEY, HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THESE RECKITT TERMS.
These Reckitt Terms include a provision waiving the right to pursue any class, group or representative claim and requiring You and Us to pursue certain disputes through individual arbitration.
By participating in this Program, You agree that You will comply with the following:
- You must comply with these Reckitt Terms to participate in the Program and receive commission income. However, We do not make any representation, warranty, or covenant regarding the amount of commission income You can expect at any time in connection with the Program, and We will not be liable for any actions You undertake based on Your expectations.
- You must promptly provide Us with any information that We request to verify Your compliance with these Reckitt Terms.
- You agree that You will throughout Your participation in the Program uphold Your commitments for advertising requirements for Reckitt as set out below:
ADVERTISING REQUIREMENTS:
- Biofreeze:
- Do not compare or mention TikTok Shop pricing of Biofreeze to other retailers (Costco, Amazon, Walmart, Target, etc.).
- Do not misrepresent the product price for Biofreeze on TikTok Shop.
- Do not suggest unsafe or inaccurate use of the product (e.g. ingestion, use on broken skin)
- Do not use on children under 12 years of age without consulting a physician
- Do not apply to wounds or irritated skin
- Do not bandage tightly or use with heating pad or device
- Do not use on or around the eye area
- Do not state "cures" or "fixes" — stick with "temporary relief" or "helps relieve."
- Do not suggest exceeding the usage mentioned on the product usage instructions.
- Do not imply guaranteed results (“you will not have pain after using this”).
- Do not directly compare to competitor products.
- Do not show yourself reacting negatively to a competitor’s product followed by a positive reaction to ours.
If You violate these Reckitt Terms in addition to any other rights or remedies available to Us, We reserve the right to direct TikTok to permanently (to the extent permitted by applicable law) cease payment of (and You agree You will not be eligible to receive) any commission income attributable to this Program otherwise payable to You under these Reckitt Terms and the TikTok Shop’s Creator Terms of Use, whether or not directly related to such violation without notice and without prejudice to any right of Reckitt to recover damages over this amount.
TERM AND TERMINATION
We may terminate Your participation in the Program at any time for any reason, including but not limited to any of the following: (a) You are in material breach of these Reckitt Terms, (b) We believe that We may face potential claims or liability in connection with Your participation in the Program; (c) We believe that our brand or reputation may be tarnished by You or in connection with Your participation in the Program; (d) Your participation in the Program has been used for deceptive, fraudulent or illegal activity; or (e) We have terminated the Program as We generally make it available to participants.
DISCLAIMERS
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PROGRAM, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY LAW, CUSTOM, COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE COMMISSIONS, PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, OR (Z) ANY TERMINATION OR SUSPENSION OF YOUR PARTICIPATION IN THE PROGRAM.
LIMITATIONS ON LIABILITY
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA ARISING IN CONNECTION WITH THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSION INCOME PAID OR PAYABLE TO YOU UNDER THESE RECKITT TERMS IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED. YOU HEREBY WAIVE ANY RIGHT OR REMEDY IN EQUITY, INCLUDING THE RIGHT TO SEEK SPECIFIC PERFORMANCE, INJUNCTIVE OR OTHER EQUITABLE RELIEF IN CONNECTION WITH THESE RECKITT TERMS. NOTHING IN THIS PARAGRAPH WILL OPERATE TO LIMIT LIABILITIES THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY FOR ANY MATTER DIRECTLY OR INDIRECTLY RELATING TO THE CREATION, MAINTENANCE, OR OPERATION OF YOUR TIKTOK CHANNELS(S) (INCLUDING YOUR USE OF ANY TIKTOK SERVICE OFFERING) OR YOUR VIOLATION OF THESE RECKITT TERMS, AND YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR RESPECTIVE 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 (A) YOUR TIKTOK CHANNELS(S) OR ANY MATERIALS THAT APPEAR ON YOUR TIKTOK CHANNELS(S), INCLUDING THE COMBINATION OF YOUR TIKTOK CHANNELS(S) OR THOSE MATERIALS WITH OTHER APPLICATIONS, CONTENT, OR PROCESSES, (B) THE USE, DEVELOPMENT, DESIGN, MANUFACTURE, PRODUCTION, ADVERTISING, PROMOTION, OR MARKETING OF YOUR TIKTOK CHANNELS OR ANY MATERIALS THAT APPEAR ON OR WITHIN YOUR TIKTOK CHANNELS, (C) YOUR USE OF ANY TIKTOK SERVICE OFFERING OR YOUR PARTICIPATION IN THE PROGRAM, WHETHER OR NOT SUCH USE IS AUTHORIZED BY OR VIOLATES THESE RECKITT TERMS OR APPLICABLE LAW, (D) YOUR VIOLATION OF ANY TERM OR CONDITION OF THESE RECKITT TERMS, (E) YOUR TAXES AND DUTIES OR THE COLLECTION, PAYMENT, OR FAILURE TO COLLECT OR PAY YOUR TAXES OR DUTIES, OR THE FAILURE TO MEET TAX REGISTRATION OBLIGATIONS OR DUTIES, OR (F) YOUR OR YOUR EMPLOYEES’ OR CONTRACTORS’ NEGLIGENCE OR WILLFUL MISCONDUCT.
INDEPENDENT CONTRACTORS
You and We are independent contractors, and nothing in these Reckitt Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between You and Us or our respective affiliates, nor shall You represent to any third party that any of the foregoing relationships exists. You will have no authority to make or accept any offers or representations on our or our affiliates’ behalf. If You authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of these Reckitt Terms, You will be deemed to have taken the action Yourself.
MUTUAL ARBITRATION
You and We (the "Parties") shall use good faith efforts to settle any dispute, claim, or controversy arising out of or relating to these Terms, the Affiliate Program, or the relationship between the Parties ("Dispute"). To this effect, the Parties agree to consult and negotiate in good faith to reach a mutually satisfactory resolution.
By agreeing to these Terms, You understand and agree that You are waiving your right to bring claims in court, including the right to a jury trial. Instead, the Parties mutually agree to resolve any Dispute exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (available at www.adr.org), unless otherwise required by law.
This agreement to arbitrate is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and, to the extent applicable, the New Jersey Arbitration Act (NJSA 2A:23B-1 et seq.).
Arbitration Process
To initiate arbitration, the initiating party must send written notice via certified mail, return receipt requested, within the applicable statute of limitations. The notice must include:
1. The name and address of the party seeking arbitration
2. A statement of the legal and factual basis of the claim
3. A description of the remedy sought
Notices must be sent to the address provided in the notice section of these Reckitt Terms, unless updated in writing.
APPLICABLE LAW
These Reckitt Terms and the contractual relationship between You and Reckitt Benckiser LLC and its affiliates and brands shall be governed by the laws of the State of New Jersey, U.S.A.
MODIFICATIONS
We reserve the right to modify any of the terms and conditions contained in these Reckitt Terms at any time and in our sole discretion by posting a change notice or revised Reckitt Terms. The effective date of such change will be the date the notice is provided. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE EFFECTIVE DATE OF SUCH CHANGE WILL CONSTITUTE YOUR ACCEPTANCE OF THE MODIFICATIONS. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM.
WHO WE ARE; ADDRESS FOR NOTICES
Reckitt Benckiser LLC
399 Interpace Parkway
Parsippany, NJ 07054
Attn: Legal Department