NUTRISENSE AFFILIATE PROGRAM TERMS & CONDITIONS

Our mission at Nutrisense is to help anyone discover and reach their health potential.

To achieve our mission, we utilize continuous glucose monitoring technology (CGM), an innovative health app, 1-on-1 dietitian coaching that may be covered by insurance, and telemedicine services. The Nutrisense mobile app allows you to track your glucose values easily PLUS track your meals, workouts, stress levels, and more. Dietitian video calls help transform data into actionable insights. Combining real-time data with human expertise provides a unique customer experience that allows members to personalize their nutrition, receive timely feedback to drive behavior change, and also have a human experience to guide them along their health journey.

Why Partner with Nutrisense?

The demand for CGMs is growing month by month. As CGMs help people better understand and manage their health and lifestyle, it’s a product that can be showcased to a broad audience. For eligible individuals, insurance-covered video calls may be available at little or no out-of-pocket cost. Our team of digital marketing experts has created a streamlined onboarding process designed to help affiliates succeed.

Program Benefits

• A product with a large target audience

• Multiple commission structures based on funnel activity

• Dedicated coupon codes

• Proactive and dedicated in-house account management

Acceptance of Terms

By applying for, enrolling in, accessing, or participating in the Nutrisense Affiliate Program, including through the use of affiliate links or acceptance of any commission payment, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions (the “Affiliate Program Terms & Conditions” or “Terms”), as may be updated from time to time.

Commission Structure

Your commission structure will be determined by your account manager. The rate and associated terms will be communicated in the Commission Terms section of your dashboard.

The rate and/or percentage of Affiliate's commission shall be determined by Nutrisense and will be notified to Affiliate on the Refersion Platform. For a sale to generate a commission, the customer must (a) follow a Link from Advertising Material published in accordance with the terms of the Agreement (including the Program Policies) and applicable to the Nutrisense website; (b) purchase the products and services via the Nutrisense website within the applicable window outlined in the payout terms in accordance with the terms of the Agreement and applicable laws and terms and conditions applicable to the Nutrisense website; (c) receive formal acceptance from Nutrisense of their order, and (d) remit fully payment to us. Notwithstanding the foregoing, the Parties agree that a sale will not qualify for commission if the customer associated with that sale has opted out of cookie tracking in accordance with Nutrisense's cookie preference center, available www.nutrisense.io or such other URL specified by Nutrisense from time to time. Affiliate acknowledges and agrees that Nutrisense relies on cookie-based tracking technology to attribute sales for commissions, and that in the event a customer disables, blocks, or otherwise opts out of cookies via any mechanism, any such sales will not be eligible for commission, regardless of any other qualifying criteria that may be met. Nutrisense shall not be held liable for any loss of commission due to customer opt-outs or other technical limitations affecting tracking functionality, or any customer or Affiliate's violation of applicable laws or the terms and conditions of this Agreement or the Nutrisense website. You shall have no claims to commission or compensation on business secured by or through other persons or entities, or for any orders rejected or cancelled by Nutrisense. For clarity, Nutrisense reserves the right, in its sole and exclusive discretion, to (i) refuse or cancel any order, for any reason, as permitted by applicable law and any applicable terms and conditions on the Nutrisense website, (ii) to reject or withhold commissions in the event Nutrisense reasonably believes in its sole discretion that a sale was made in violation of applicable laws, the Agreement, the terms and conditions on the Nutrisense website, or was otherwise obtained or made in a manner or method that does not meet the conditions for payment under this Agreement or applicable laws.

Cookie length: 30 days.

Commission Adjustments

Nutrisense reserves the right to withhold, reverse, reduce, or deny commissions arising from refunded purchases, chargebacks, cancellations, self-referrals, fraudulent transactions, violations of these Terms, or transactions that Nutrisense reasonably determines are invalid, improperly attributed, or otherwise ineligible for commission.

Marketing Activity

• The program forbids any form of bidding on Nutrisense brand terms.

• If you are buying media, Nutrisense brand terms must be added as negative keywords. We do not accept broad match bidding as an excuse for picking up brand terms.

• If you are running paid media, email marketing, direct mail, or any other form of marketing that is not publicly available for review online, such activity must be disclosed in advance to your account manager.

• Any coupon code you are running must have been expressly provided or approved by your account manager.

• We do not work with networks. Publishing our offer on another network is prohibited.

• Nutrisense may modify, suspend, or terminate the Affiliate Program, commission structure, promotional offers, or these Terms at any time. Updated Terms will become effective upon posting, notification, or other reasonable notice. Continued participation in the Program constitutes acceptance of any revised Terms.

Permitted Marketing Practices

Affiliate may promote Nutrisense only in a lawful and professional manner and in accordance with these Terms.

Affiliate shall not:

• Make any false, misleading, deceptive, or unsubstantiated statements regarding Nutrisense or its products or services.

• Make claims regarding the diagnosis, treatment, cure, mitigation, or prevention of any disease or medical condition unless expressly authorized in writing by Nutrisense.

• Misrepresent pricing, benefits, insurance coverage, product functionality, or expected results.

• Create websites, domains, social media accounts, advertisements, or content that could reasonably be mistaken for official Nutrisense communications.

• Engage in fraudulent, automated, deceptive, or manipulative marketing practices.

Nutrisense may require the removal or modification of promotional content that does not comply with these Terms.

Platform Restrictions

During the term of this Agreement, Affiliate agrees that it shall not upload to Refersion any identifiers, tags or strings (collectively, “Identifiers”) that may be used to re-identify consumers to whom Links are presented by Affiliate. Identifiers shall include text referred to as “SubID” and “SharedID” within the Refersion Platform.

Use of Nutrisense Intellectual Property

Nutrisense grants Affiliate a limited, non-exclusive, non-transferable, revocable license to use Nutrisense-approved trademarks, logos, and marketing materials that have explicitly been provided by Nutrisense to Affiliate in connection with this program, solely in connection with participation in the Affiliate Program.

Affiliate may not modify Nutrisense trademarks or logos, create derivative branding, or use Nutrisense intellectual property in a manner that is misleading, disparaging, or likely to cause consumer confusion.

Federal Trade Commission Requirements

The Affiliate shall comply with all applicable laws, regulations, and advertising guidelines, including all Federal Trade Commission regulations related to advertising, including, but not limited to Federal Trade Commission 16 CFR Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising.

Affiliate must clearly and conspicuously disclose its material relationship with Nutrisense whenever promoting Nutrisense products or services in accordance with applicable laws, and is solely responsible for ensuring that all promotional content is truthful, accurate, and compliant with applicable law.

Security and Data Protection

Failure by Affiliate to comply with the terms of this Section shall constitute a material breach of this Agreement, and Nutrisense may, in its sole discretion, (I) terminate Affiliate's participation in the Affiliate Program immediately upon written notice; (II) withhold or deem any commissions earned in connection with such activity permanently forfeited (for clarity, any sales resulting from such activity are not eligible to generate a commission under this Agreement); and/or (Ill) pursue any other remedies available under the Agreement.

Applicable Data Privacy Laws.
Affiliate shall comply with all Applicable Data Privacy Laws (as further defined below), including all national, federal, state, provincial, local, and international privacy, cybersecurity and data protection laws applicable to the processing of Personal Information, including but not limited to the Health Insurance Portability and Accountability Act, of 1996 and the Health Information Technology for Economic and Clinical Health Act, each as amended, and the regulations promulgated under such acts (as amended from time to time, and including all guidance from the Department of Health and Human Services, together "HIPAA"), US State consumer privacy and consumer health data laws, the California Consumer Privacy Act and any implementing regulations, each as amended, and the General Data Protection Regulation ("GDPR") (together, "Applicable Data Privacy Laws").

Consents and Geographic Limitations.
Affiliate shall be responsible for and shall obtain all necessary consents or authorizations in accordance with Applicable Data Privacy Laws that are required to provide services to Nutrisense and participate in the Affiliate Program, as contemplated under this Agreement. Affiliate further agrees that its Promotional Activities shall not target consumers who Affiliate knows or reasonably should know are in Washington, Nevada and/or Maryland.

Affiliate Data Processing Agreement and Certification.
Affiliate acknowledges and agrees that Affiliate shall comply with the terms of the data processing agreement annexed to this Agreement as Exhibit A (the "DPA") in connection with its participation in the Affiliate Program and provision of services to Nutrisense hereunder. The parties acknowledge and agree that Affiliate may only use data and information provided to Affiliate under this Agreement to provide services to Nutrisense as described in this Agreement and the DPA, and that the DPA is hereby incorporated into this Agreement by reference. Affiliate further certifies that it understands all of its restrictions and obligations under Applicable Data Privacy Laws and this Agreement, and shall comply with all Applicable Data Privacy Laws that apply to its Processing (as such term is defined in the DPA) of personal data under the Agreement, including obligations and requirements with respect to collection, sharing, and transfer of personal data. Affiliate will promptly notify and cooperate with Nutrisense if it believes that it can no longer comply with the Applicable Data Privacy Laws or this Agreement. Affiliate will, in consultation with Nutrisense, take reasonable and appropriate steps to address and remediate such potential noncompliance and will not undertake any Processing in breach of the Applicable Data Privacy Laws.

a. Re-Identification Prohibited

i. Affiliate acknowledges that Nutrisense data to be received by Affiliate through the Refersion Platform will be “De-Identified Data,” meaning that the data cannot reasonably be used to infer information about, or otherwise be linked to, an identified or identifiable individual, or device linked to such individual, directly or indirectly.

ii. Affiliate agrees to:

A. take reasonable measures to ensure that the De-Identified Data cannot be associated with any individual;

B. publicly commit to process the De-Identified Data solely in deidentified form and not to attempt to reidentify the information.

C. contractually obligate any recipients of the De-Identified to comply with the foregoing requirements and applicable data protection laws.

b. Security. Without limiting any more stringent requirement in the DPA, Affiliate shall implement and maintain at all times during the term of this Agreement, reasonable and appropriate administrative, technical and operational safeguards consistent with good industry practices and Applicable Data Privacy Laws to ensure the security, confidentiality and integrity of all Nutrisense information and data in the possession or under the control of Affiliate and in connection with any access to Nutrisense networks, computers or data, will comply with all applicable Nutrisense policies provided in advance to Affiliate.

Breach of Terms; Termination

Nutrisense reserves the right to withhold commission payments and/or suspend or terminate participation in the Affiliate Program if an Affiliate is found to be in breach of these Terms, engaged in deceptive, fraudulent, or unlawful conduct, or otherwise acted in a manner that may harm Nutrisense, its customers, or its reputation.

Upon termination, Affiliate must immediately discontinue use of all affiliate links, Nutrisense trademarks, logos, and marketing materials.

Thank you,

Team Nutrisense

Please refer to Privacy Policy on our website at https://www.nutrisense.io/legal/privacy-policy