Tik Tok Affiliates
Terms and Conditions For TikTok Shop Creators - Barlean's Open Affiliate Program
1. Introduction.
By clicking the "Add Products" button or otherwise participating in the Barlean's Open Affiliate Program (the "Program") on TikTok and TikTok Shop (US) ("TikTok Shop"), you ("You", or "Creator") agree to these Terms and Conditions for TikTok Shop Creators - Barlean's Open Affiliate Program (the "Terms"). You acknowledge that you have had the opportunity to review these Terms and understand their contents before agreeing to them.
2. These Terms.
These Terms govern Your participation in the Program. These Terms are separate from TikTok Shop's Creator Terms of Use or any other policies implemented by TikTok from time to time that govern the relationship between TikTok Shop and Creators (the "TikTok Terms"). The TikTok Terms govern Your relationship with TikTok, while these Terms, in addition to the TikTok Terms, govern the relationship between You and Barlean's Organic Oils, L.L.C., a Washington limited liability company ("We", "Us" or "Barlean's"). These Terms shall take precedence when a conflict of terms arises between topics covered in these Terms and the TikTok Terms.
YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS, THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU ARE NOT A MINOR IN YOUR JURISDICTION, THAT YOU ARE NOT AN EMPLOYEE OF BARLEAN’S, AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THESE TERMS. IF THESE TERMS ARE BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THESE 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 TERMS.
If You violate these 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 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 Barlean's to recover damages over this amount.
3. Advertising Requirements.
You agree that You will throughout Your participation in the Program uphold the following advertising requirements for Barlean's:
· You will not misrepresent the benefits of any Barlean’s product (“Product")
· You will not state or reference that a Product will achieve any results unless such statements are expressly permitted in writing by Barlean's.
· You will not state or reference that a Product will diagnose, treat, cure or prevent any disease unless such statements are expressly permitted in writing by Barlean's.
· You will not make any claims about a Product, unless specifically permitted by the Barlean's.
· You will not compare or mention TikTok Shop pricing of Product to other retailers (Costco, Amazon, Walmart, Target, etc.).
· You will not misrepresent the Product price on TikTok Shop.
4. Services.
Once You are an eligible and approved creator by TikTok under the TikTok Terms, You can access and use TikTok E-commerce Creator Center where You will find opportunities to be selected by Us to promote Our selected products through Your TikTok social media account by creating any content, text, photographs, user generated content, videos (including live streamed and recorded) that incorporates only pre-cleared music from TikTok’s Commercial Audio Library, royalty-free music or original audio (herein after, “Your Content”) in order to be eligible to earn a fixed commission set by Us if Your Content generates sales through TikTok’s shop (the “TikTok Shop”) for Us (herein after, the “Services”). Note that, for the avoidance of any doubt, any music you choose to include in Your Content must be the pre-cleared music from TikTok’s Commercial Music Audio Library and no other music is permitted in Your Content. You shall perform Your Services and provide all of Your Content hereunder in accordance with any general creative, editorial, aesthetic, and technical requirements, as well as design features and other guidelines and specifications communicated by Us prior to the social media post(s) of Your Content. You shall also comply with any deadlines given by Us to provide Services. Any amounts payable to You hereunder will not be paid directly by Us, but rather, will be paid through TikTok’s payment service providers (herein after, “Third Party PSPs”), which may include Third Party PSPs (e.g., Hyperwallet, etc.) and which will be subject to such Third Party PSP's Terms of Service and Privacy Policies. For the avoidance of doubt, employees of Barlean’s shall not be eligible for any commissions under these Terms.
5. Your Content.
You grant Us, and our current and future affiliates (“Affiliates”), a worldwide, royalty-free, non-exclusive, sublicensable, transferrable, assignable, perpetual, in any and all formats and media now known or hereafter devised, including in paid media, right and license to reproduce, publicly perform, publicly display, distribute, create derivative works from, combine with other materials, digitize, publish, exhibit, edit, modify, alter, distort, reformat, sample, loop, rescore, remove third-party content from, advertise and otherwise use and exploit Your Content, in whole or in part, or portions thereof, together or separately with your name, nickname, moniker, social media handle, social media user name, image, likeness, photograph, profile picture, statements, facial expressions, voice, quotes, caption, Your Content title(s), biographical information, and any other identifying information of You (“Your Information”), provided that such use shall be limited to purposes reasonably related to the promotion and marketing of Barlean's products and services. The foregoing license shall be in addition to, and shall in no way limit, any license you may grant Us in Shop Ads. You retain all ownership rights in Your Content and Your Information. You acknowledge and agree that We retain all rights, title and interest in and to all advertising and marketing materials which We develop, create, or otherwise own, other than the rights in Your Content and Your Information. You hereby waive the right to inspect or approve any use of or changes to Your Content and any of Your Information incorporated therein. Notwithstanding the foregoing, Barlean's will not use Your Content or Your Information in a manner that materially misrepresents your views or endorsement, or in connection with products or services that you have not reviewed or endorsed.
Except for materials provided to You by Us, if any, You acknowledge and agree that You shall be solely responsible for clearing any and all third-party materials contained in Your Content, including, without limitation, any and all trademarks (including, without limitation, logos, word marks, stylized marks, audio), copyrightable content (including, without limitation, artistic works (such as photos, videos, clips, artwork, sketches, drawings, sculptures or portions of any of the foregoing), musical works (including, without limitation, music, songs, compositions, scores, performances, sounds, soundscapes, sound effects, loops, samples or portions of any of the foregoing) and literary works (including books, manuscripts, poetry, compilations, reports, speeches, online works, advertising copy and games or portions of any of the foregoing)), personal/publicity rights (including, without limitation, rights to an individual’s name, image, likeness, voice and statements, social media handle, city and state of residence, biographical information or portions of any of the foregoing) and any other materials protected by intellectual property or privacy laws (“Intellectual Property Rights”). Upon Our request, You agree to provide all necessary consents, licenses, waivers, non-disclosure agreements and releases for Our use of Your Content in written form, and in a form acceptable to Us, to be determined in Our discretion. For the avoidance of doubt, You acknowledge and agree that only sounds from TikTok’s Commercial Audio Library, royalty-free music or original audio is permitted in your content and You hereby agree not to include any other music, songs, compositions, scores, performances, sounds, soundscapes, sound effects, loops, samples or portions of any of the foregoing in Your Content.
6. Representations and Warranties.
You represent and warrant that: (i) the person appearing in Your Content is You, and that no other person is appearing or featured in Your Content; (ii) all contents/elements of Your Content is original to You, and You own all the rights in Your Content, or, if You do not own any element(s) of Your Content, You have a license and/or have otherwise obtained all necessary rights to use all material and contents/elements in Your Content that are the subject of third-party rights, including all Intellectual Property Rights, and You have the right to sublicense these rights to Us; (iii) Your Content, and the contents/elements contained therein, does not violate any law; (iv) You are not limited or restricted in granting any right granted herein by any obligation to any other person, firm or corporation and You have not entered into, and shall not enter into, any agreement that would interfere with the rights and obligations granted in these Terms; (v) Your Content shall be in compliance with the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 CFR Part 255), including clearly and conspicuously disclosing Your material connection to Us in accordance with FTC requirements, and You shall follow all additional guidelines that may be provided by Barlean’s as part of any campaign brief for products sold through TikTok Shop, provided such guidelines do not conflict with FTC requirements; (vi) Your Content only contains your honest and truthful opinions about Our Products and brands based on your actual experience with such products, and You will not endorse products that You have not personally tried or used; (vii) Your Content will show the actual product You are endorsing in Your Content; (viii) You will only make truthful statements that are not misleading about the performance and attributes of Our products; (ix) if You have received a product sample, You will verbally and visually disclose that receipt of that free product from Us, including with “Gifted by Barlean’s” as a text overlay in a clear and conspicuous manner or as otherwise direct by Us; (x) You will not mention any competing products or any retailers in Your Content; (xi) You will not use artificial intelligence, including generative artificial intelligence, to produce Your Content unless preapproved in writing by Us, and any AI-generated content must be clearly disclosed as such in accordance with applicable FTC guidelines and platform policies; and (xii) Your Content shall not contain any disparaging remarks about Barlean’s or our competitors and shall not be hateful, intolerant, inappropriate, or reference any illegal drugs.
Notwithstanding anything to the contrary set forth in these Terms and without limiting any other of Our rights, You acknowledge and agree that (i) We shall have no obligation to remove, take down, hide, or otherwise disable public access to any of Your Content posted to social media by Us; (ii) We shall not be liable to You to monitor social media or other online or offline media for any third-party use of Your Content, once such content is made publicly available online, and (iii) We shall have no obligation to remove, take down, hide or disable any such third-party use. For the avoidance of doubt, You acknowledge and agree that We shall have no liability for and shall have no obligation to pay compensation of any kind for any third party use of Your Content. Nothing in these Terms shall obligate Us to sue or take any other action against any of Our wholesalers, retailers, distributors or other third parties using Your Content whether such use was authorized or unauthorized.
7. Commission.
You must comply with these 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. Commission is only paid on completed, non-returned, non-cancelled orders only. Orders subject to refund, cancellation, fraud review, or policy violation will not qualify for commission
8. Right to Monitor.
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. We reserve the right at all times to require You to edit, take down, or otherwise remove Your social media post(s) in Our sole discretion. You shall immediately modify, remove, or discontinue as We shall determine, in Our sole discretion, any content about Us, and any other references to Us upon Our notification to You.
9. Barlean’s Trademarks.
If We provide You with trademarks, products or any other material owned by Us (“Our Materials”), You agree to limit Your use of Our Materials to the provision of the Services. In the event that We provide any of Our Materials to You, You agree to use those products only in connection with the Services provided herein or for Your own personal use. You will not sell Our Materials to any third parties, nor use Our Materials as promotional items in giveaways, contests, or sweepstakes, without Our prior written approval.
10. Term and Termination.
We may terminate or suspend Your participation in the Program at any time for any reason, including but not limited to any of the following: (a) You are in breach of these 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 or intend to terminate the Program or any part thereof as it pertains to You.
11. Privacy.
We have developed a Privacy Policy to inform You of Our practices with respect to the collection, use, disclosure, and protection of personal information. You can find this information in our Privacy Policy. By participating in this Program, you acknowledge you have read and understood Our Privacy Policy.
12. Confidentiality.
You will not disclose to any third party or otherwise utilize any confidential or proprietary information obtained pursuant to these Terms regarding Us, Our products, services, strategies, or activities. For purposes of these Terms, the term “Confidential Information” shall be deemed to include all information and materials furnished by or on behalf of Us to You and/or otherwise arising from and/or in connection with the Program.
13. 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.
14. 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 Terms in the twelve (12) 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 Terms, the Program or any of Your Content produced as part of Your participation in the Program. Nothing in this paragraph will operate to limit liabilities that cannot be limited under applicable law.
15. 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 Terms, and You agree to defend, indemnify, and hold us and 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 (a) Your participation in the Program; (b) 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, (c) 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, (d) Your use of any TikTok service offering or Your participation in the program, whether or not such use is authorized by or violates these Terms or any TikTok policies or terms or applicable law, (e) Your violation of any term or condition of these Terms or any TikTok policies or terms, (f) 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 (g) Your or Your employees’ or contractors’ negligence or willful misconduct. We or Our nominee may take legal action and perform any procedural act on behalf of any Barlean’s party, including through special mandate, to exercise or defend a legal claim or for the protection of rights, including for the purpose of enforcing this section.
16. Independent Contractors.
You and We are independent contractors, and nothing in these 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 Terms, You will be deemed to have taken the action Yourself.
17. Applicable Law.
These Terms and the contractual relationship between You and Barlean’s and its affiliates and brands shall be governed by the laws of the State of Washington, U.S.A.
18. Modifications.
We reserve the right to modify any of the terms and conditions contained in these Terms at any time and in Our sole discretion by posting a change notice or revised Terms. 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.
19. Who We are; Address or Notices.
Barlean’s Organic Oils LLC
3660 Slater Rd
Ferndale, WA 98248
Effective as of May 6, 2026