For TikTok Shop Creators

DTBE dba FlavCity 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 FlavCity (“We,” “Us,” or “FlavCity”) Open Affiliate Terms and Conditions (the “FlavCity Terms”), which govern Your participation in the FlavCity Open Affiliate Program on TikTok. These FlavCity Terms are separate from TikTok Shop’s Creator Terms of Use. While TikTok Shop’s Creator Terms of Use govern Your relationship with TikTok, these FlavCity Terms govern the relationship between You and FlavCity in addition to TikTok Shop’s Creator Terms of Use. We reserve the right to review content You post on any social media platform and publicly available information about You.

These FlavCity Terms take precedence if there is any conflict with TikTok Shop’s Creator Terms of Use regarding topics covered herein.

YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY ABLE TO ENTER INTO CONTRACTS (YOU ARE NOT A MINOR) AND WILL COMPLY WITH THESE FLAVCITY TERMS. IF YOU AGREE ON BEHALF OF A COMPANY OR ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND THAT ENTITY TO THESE TERMS.

These FlavCity Terms include provisions waiving the right to pursue class, group, or representative claims and require individual arbitration for certain disputes.

Participation Requirements

By joining the Program, You agree to the following:

• You must comply with these FlavCity Terms to participate and qualify for commission income. We make no guarantees regarding the amount of commission income You may earn.
• You must promptly provide information requested to verify Your compliance with these Terms.
• You must adhere to the advertising guidelines outlined below while promoting FlavCity products:

Advertising Guidelines

• Do not show or reference FlavCity products being consumed with alcohol.
• Do not claim FlavCity products cure or treat hangovers, headaches, dehydration, or other medical conditions.
• Do not make unsupported claims about FlavCity products. Only use claims provided on our official FAQ or product pages.
• Do not compare TikTok Shop pricing of FlavCity products to other retailers.
• Do not misrepresent product prices or availability on TikTok Shop.

If You violate these guidelines or any other provision of these Terms, FlavCity reserves the right to direct TikTok to withhold any commission income owed to You and may terminate Your participation in the Program without notice.

Term and Termination

We may terminate Your participation in the Program at any time, including but not limited to:

• Material breach of these FlavCity Terms.
• Potential legal or reputational risks related to Your participation.
• Evidence of deceptive, fraudulent, or illegal activities.
• Termination of the Program for all participants.

Disclaimers

The Program is provided “as is” without warranties of any kind. FlavCity and its affiliates are not responsible for indirect, incidental, or consequential damages, including lost commissions or revenues.

Limitations of Liability

Our total liability will not exceed the commission income paid to You in the 12 months preceding any claim.

Indemnification

You agree to indemnify and hold FlavCity and its affiliates harmless from claims, damages, or liabilities arising from Your actions, content, or participation in the Program.

Independent Contractors

Participation in the Program does not create a partnership, agency, or employment relationship between You and FlavCity.

Arbitration

All disputes will be resolved through individual arbitration under the rules of the American Arbitration Association in Chicago, Illinois. No class actions or punitive damages are permitted.

Applicable Law

These Terms are governed by the Federal Arbitration Act and the laws of Illinois, without regard to conflicts of law principles.

Modifications

We reserve the right to update these Terms at any time by posting revised terms. Continued participation in the Program constitutes acceptance of changes.