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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 at all times in order to participate in the Program and be eligible to receive any commission income. Reckitt makes no representation, warranty, or guarantee regarding the availability, amount, or continuation of commission income, and will not be liable for any actions You take in reliance on any expectation of earnings.
  • Once You are determined to be eligible to participate in the Program, You may be eligible to receive commissions on qualifying sales of Reckitt products generated through TikTok Shop, subject at all times to Your continued compliance with these Reckitt Terms and TikTok Shop’s Creator Terms of Use. Commission rates, calculations, eligibility criteria, and payment timing are determined solely by TikTok Shop and may be modified from time to time. Commissions are only earned on valid, completed transactions that are not cancelled, returned, or refunded and that are properly tracked by TikTok Shop as attributable to Your compliant participation in the Program.
  • No commission shall be deemed earned, vested, or payable unless and until such commission is actually paid by TikTok Shop. Reckitt reserves the right, in its sole discretion, to direct TikTok to withhold, suspend, reverse, or cancel any commissions attributable to Content, conduct, or activities that violate these Reckitt Terms, applicable laws or regulations, or platform policies, whether identified before or after a commission is reported or paid. 
  • You must promptly provide Reckitt with any information reasonably requested to verify Your compliance with these Reckitt Terms. Reckitt reserves the right, but not the obligation, to monitor, review, and assess any Content or materials associated with Your participation in the Program at any time to ensure compliance with these Reckitt Terms, applicable laws and regulations, and platform requirements. You agree to fully cooperate with any such review and, upon request, to promptly provide documentation, substantiation, scripts, drafts, or other materials. Reckitt may require the modification, correction, or removal of any Content that Reckitt determines, in its reasonable judgment, is non compliant or inconsistent with Reckitt’s legal, regulatory, or brand standards.
  • 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:

  • Neuriva Brain & Eye:
    • Do not compare or mention TikTok Shop pricing of Neuriva Brain & Eye to other retailers (Costco, Amazon, Walmart, Target, etc.).
    • Do not misrepresent the product price for Neuriva Brain & Eye on TikTok Shop.
    • Do not make disease or cure claims.
    • Do not state "cures" or "fixes" — stick with "supports" or "helps."
    • Do not imply that the product treats a specific eye disease.
    • Do not suggest exceeding the recommended serving size.
    • Do not imply guaranteed results (avoid phrases like "you will feel better").
    • Do not compare potency directly against medicines or prescriptions.
    • Do not claim or suggest it replaces glasses, contacts, or an eye doctor.
    • Do not exaggerate or fabricate clinical outcomes.
    • 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.

In addition to the foregoing requirements, You must comply with all applicable federal, state, and local laws, regulations, and industry standards governing the advertising, marketing, and promotion of dietary supplements, including regulations enforced by the U.S. Food and Drug Administration and the Federal Trade Commission, as well as all applicable TikTok Shop advertising and content policies, as each may be updated from time to time.

DISCLOSURES AND FTC COMPLIANCE

You must comply with all applicable laws, regulations, and guidelines governing advertising, endorsements, and testimonials, including without limitation the Federal Trade Commission’s Endorsement Guides (16 C.F.R. Part 255).

All Content promoting Reckitt products must clearly and conspicuously disclose Your material connection with Reckitt, including that You may receive compensation, commissions, free products, or other consideration in connection with the Content.

Disclosures must:

  • Be clear, unambiguous, and easily understood by an ordinary consumer;
  • Be made in close proximity to the endorsement or claim being made;
  • Be displayed prominently and not hidden, minimized, or obscured by placement, formatting, timing, or platform tools; and
  • Appear both visually and audibly, when applicable, for video or livestream Content.

Acceptable disclosures include, as applicable: 

  • "Ad," "Advertisement," "Sponsored," "Paid Partnership"
  • Hashtags must not be buried among other hashtags or placed where viewers are unlikely to see them (e.g. having to select "see more" to see the hashtags)

You may not make any false, misleading, or unsubstantiated claims, nor imply that Your opinions are independent or unpaid if they are not. Any statements regarding performance, benefits, or consumer experience must reflect Your honest beliefs and actual experience, and must not exaggerate or misrepresent typical results.

Failure to comply with this section constitutes a material breach of these Reckitt Terms.

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.

EFFECT OF TERMINATION; CONTENT REMOVAL

Upon termination of Your participation in the Program for any reason, You must immediately cease holding Yourself out as a Reckitt affiliate or participant in the Program.

At Reckitt’s request, You shall promptly remove, revise, or disable access to any Content relating to the Program or Reckitt products, including Content published prior to termination. Your obligation to remove or modify Content shall apply regardless of whether such Content was created before or after termination and shall survive termination of these Reckitt Terms.

BRAND SAFETY AND CONDUCT

During the Term and thereafter with respect to any Content published in connection with the Program, You shall not engage in any conduct, make any statements, or be involved in any activity that, in Reckitt’s reasonable judgment, could bring You, Reckitt, or any Reckitt brand into public disrepute, contempt, scandal, or ridicule, or that could otherwise harm or adversely affect the reputation, goodwill, or image of Reckitt or its brands.

Prohibited conduct includes, without limitation: (a) illegal, fraudulent, deceptive, or unethical behavior; (b) hate speech, harassment, discrimination, or violence; (c) sexually explicit, obscene, or offensive behavior; (d) misuse of drugs or alcohol in a manner that may negatively reflect on the brand; or (e) any public statements or actions inconsistent with Reckitt’s brand values or public trust obligations.

Reckitt reserves the right, in its sole discretion, to suspend or terminate Your participation in the Program, require removal of Content, and/or withhold unpaid commissions if Reckitt determines that You have violated this clause or engaged in conduct that may cause reputational harm.

CONTENT LICENSE

You hereby grant to Reckitt Benckiser LLC and its affiliates a non exclusive, worldwide, royalty free, fully paid up, sublicensable, and transferable license to use, reproduce, display, perform, distribute, publish, adapt, modify, edit, excerpt, translate, create derivative works from, and otherwise exploit any Content You create, post, or make available in connection with the Program, in any media now known or later developed, for Reckitt’s commercial, marketing, promotional, advertising, internal, and lawful business purposes. You retain all ownership rights in Your Content. 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. You hereby waive the right to inspect or approve any use of or changes to Your Content and any of Your Information incorporated therein.

Reckitt may edit or modify Content for legal, regulatory, or compliance purposes, provided such edits do not materially misrepresent Your statements. This license shall survive termination of Your participation in the Program.

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.

SURVIVAL

Any provisions of these Reckitt Terms that by their nature should survive termination shall survive, including without limitation provisions relating to Content License, Brand Safety and Conduct, Disclaimers, Limitations on Liability, Indemnification, Monitoring and Compliance Review, Arbitration, Governing Law, and this Survival section.

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.

You and Reckitt agree that any Dispute shall be brought and resolved solely on an individual basis. You waive any right to bring or participate in any class action, collective action, private attorney general action, or representative proceeding against Reckitt, whether in arbitration or otherwise.

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
100 Metro Blvd
Nutley, NJ 07710
Attn: Legal Department