FIRST PERSON AFFILIATE PROGRAM

TERMS AND CONDITIONS

These Affiliate Program Terms and Conditions (“Terms”) govern participation in the First Person Affiliate Program (the “Program”), operated by [Full legal name of First Person entity], doing business as First Person (“First Person,” “we,” “us,” or “our”).

By submitting an application, accessing the affiliate portal, accepting an offer through Refersion, using an affiliate link or promotional code, or otherwise participating in the Program, you (“Affiliate,” “you,” or “your”) agree to these Terms.

These Terms form a binding agreement between you and First Person. If you do not agree to these Terms, you may not participate in the Program.

1. Program Overview

The Program allows approved affiliates to promote eligible First Person products using authorized referral links, promotional codes, creative materials and other promotional methods approved by First Person.

Subject to these Terms, an Affiliate may earn a commission on qualifying purchases that are properly tracked and attributed to the Affiliate through Refersion or another tracking method designated by First Person.

Participation in the Program does not guarantee commissions, free products, paid collaborations, minimum earnings, exclusivity or any particular level of support or exposure.

2. Eligibility

To participate in the Program, you must:

1. Be at least 18 years old and legally capable of entering into a binding agreement;
2. Provide accurate, complete and current application information;
3. Maintain an active website, social-media account, newsletter, podcast, channel, professional practice or other promotional property acceptable to First Person;
4. Have the authority to enter into these Terms and conduct the promotional activities you propose;
5. Comply with all applicable laws, regulations, platform rules and advertising requirements;
6. Be located in a country approved by First Person;
7. Maintain valid payment and tax information; and
8. Not be an employee of First Person unless expressly approved in writing for testing or another limited purpose.

First Person may accept or reject any application in its sole discretion. Approval may be based on factors including audience relevance, content quality, engagement, reputation, promotional methods, geography, brand alignment and compliance risk.

Previous approval does not create a right to continued participation.

3. Account and Application Information

You must provide truthful, accurate and complete information when applying to or participating in the Program.

You must promptly update any information that changes, including:

• Your name or business name;
• Contact information;
• Website and social-media properties;
• Payment details;
• Tax information;
• Promotional methods; and
• Ownership or control of your business or promotional properties.

You may maintain only one Program account unless First Person approves additional accounts in writing.

You are responsible for maintaining the confidentiality and security of your login credentials and for all activity conducted through your account.

You must notify First Person promptly if you suspect unauthorized access to your account or misuse of your referral links or promotional codes.

4. Acceptance and Continued Participation

Approval into the Program is conditional and revocable.

First Person may periodically review your:

• Promotional content;
• Audience and traffic sources;
• Compliance with these Terms;
• Sales quality;
• Refund and chargeback rates;
• Use of trademarks;
• Advertising disclosures;
• Product claims; and
• Overall brand alignment.

First Person may place your account under review, suspend tracking, hold commissions, change your offer, restrict your promotional methods or terminate your participation when reasonably necessary to protect the Program, First Person or its customers.

5. Affiliate Offers and Commission Rates

Your applicable commission rate will be shown in the offer assigned to you through Refersion or communicated to you in writing.

Unless First Person provides otherwise in your assigned offer, the standard Program commission is:

Twenty percent (20%) of eligible net product revenue from a Qualifying Purchase.

First Person may establish different offers, rates, tiers, bonuses or incentives for different Affiliates, products, campaigns, customer types, sales volumes or promotional methods.

Examples may include:

• Performance-based commission tiers;
• Flat-rate commissions;
• Product-specific commissions;
• New-customer bonuses;
• Subscription-acquisition bonuses;
• Limited-time campaign bonuses; and
• Custom strategic-partner arrangements.

The fact that another Affiliate receives a different rate or incentive does not entitle you to the same arrangement.

First Person may modify prospective commission rates or offer terms by updating your Refersion offer or providing written notice. Changes will apply to qualifying transactions occurring after the effective date of the change unless otherwise stated.

6. Qualifying Purchases

A “Qualifying Purchase” is a completed purchase that:

1. Is made through an authorized First Person sales channel;
2. Is properly tracked and attributed to you through an authorized affiliate link, promotional code or other approved tracking method;
3. Complies with these Terms;
4. Is paid in full;
5. Is not cancelled, returned, refunded, charged back or determined to be fraudulent;
6. Is not a self-referral or other ineligible transaction;
7. Is not generated through prohibited promotional activity; and
8. Satisfies any additional requirements shown in your assigned offer.

First Person’s records and the data recorded through Refersion or First Person’s ecommerce systems will control in determining whether a purchase qualifies, subject to correction of clear technical or administrative errors.

7. Eligible Commission Base

Unless your assigned offer states otherwise, commissions are calculated on eligible net product revenue actually received by First Person.

The commission base excludes:

• Taxes;
• Shipping and handling;
• Duties and customs fees;
• Tips;
• Gift wrapping;
• Gift-card purchases;
• Store credit;
• Refunds;
• Returns;
• Chargebacks;
• Cancelled orders;
• Fraudulent transactions;
• Discounts funded by First Person;
• Free products;
• Samples;
• Replacement orders;
• Wholesale orders;
• Employee orders;
• Test orders; and
• Any other amount First Person identifies as noncommissionable in the applicable offer.

When a discount is applied, commission will generally be calculated on the discounted eligible product subtotal rather than the product’s undiscounted retail price.

8. New and Existing Customers

Unless otherwise stated in your assigned offer, the Program is intended primarily to acquire new First Person customers.

First Person may:

• Pay commissions only on new-customer purchases;
• Pay different rates for new and existing customers;
• Exclude existing-customer transactions;
• Limit commissions to a customer’s first purchase; or
• Establish product- or campaign-specific customer eligibility rules.

First Person’s customer records will determine whether a purchaser is considered a new or existing customer.

Attempts to disguise an existing customer as a new customer, including use of alternate email addresses, identities, accounts or payment methods, are prohibited.

9. Subscription Orders

Unless your assigned offer expressly states otherwise:

1. Commission may be earned on the customer’s initial qualifying subscription order;
2. Subscription renewals, recurring shipments, rebills and subsequent subscription charges are not commissionable;
3. Changes to, or reactivation of, an existing subscription do not create a new Qualifying Purchase; and
4. First Person may reverse a commission if the initial subscription order is refunded, cancelled, charged back or otherwise becomes ineligible.

First Person may introduce recurring commissions or subscription bonuses for selected Affiliates or campaigns at its discretion.

10. Tracking and Attribution

The Program uses Refersion and related ecommerce technologies to track Affiliate referrals and calculate commissions.

Approved tracking methods may include:

• Referral links;
• Deep links;
• Promotional or coupon codes;
• Shareable discount links;
• Approved email attribution;
• Approved SKU-based attribution; and
• Other tracking methods made available by First Person.

You must use only links, codes and tracking methods assigned or approved by First Person.

10.1 Tracking Window

Unless your assigned offer states otherwise, the standard referral tracking window is thirty (30) days from the applicable tracked referral.

Tracking may depend on cookies, browser settings, device settings, customer behavior and third-party technologies. First Person does not guarantee that every referral will be tracked.

10.2 Attribution Conflicts

When more than one Affiliate or marketing channel is associated with a transaction, credit will be assigned according to the attribution rules configured in Refersion, First Person’s ecommerce platform and First Person’s internal policies.

Relevant considerations may include:

• The most recent eligible referral;
• The promotional code entered at checkout;
• Existing tracking cookies;
• Prior customer activity;
• Paid advertising attribution;
• Email or SMS attribution;
• Fraud-prevention rules; and
• Refersion deduplication logic.

First Person has final authority to resolve attribution disputes.

10.3 Missing Transactions

Requests for review of an allegedly missing transaction must be submitted within thirty (30) days after the order date and must include reasonably sufficient documentation.

First Person is not required to provide credit when:

• Tracking was blocked or deleted;
• The customer did not use an approved link or code;
• Another Affiliate or channel properly received attribution;
• The transaction cannot be verified;
• The customer was already attributed before the Affiliate’s promotion;
• The claim is submitted after the review period; or
• The purchase otherwise fails to qualify.

Affiliates may not tell customers that commission credit is guaranteed.

11. Commission Review and Approval

All reported commissions are pending until reviewed and approved by First Person.

Unless otherwise stated, First Person may hold commissions for at least thirty (30) days after the applicable order date to account for:

• Returns;
• Refunds;
• Cancellations;
• Chargebacks;
• Fraud;
• Payment failure;
• Customer disputes;
• Tracking errors; and
• Violations of these Terms.

A commission shown as pending in Refersion is not earned, vested or payable until approved.

First Person may extend the review period when reasonably necessary to investigate suspicious transactions, unusual traffic, customer complaints, technical issues or potential violations.

12. Payment

Approved commissions will generally be processed monthly through Refersion Unified Payments or another payment method selected by First Person.

Unless otherwise stated:

• The minimum payout threshold is fifty U.S. dollars ($50);
• Balances below the threshold may roll forward to a subsequent payment period;
• Affiliates must provide complete payment and tax information before receiving payment;
• Payment timing may be affected by weekends, holidays, banking systems, third-party payment providers and compliance reviews; and
• Affiliates are responsible for any fees charged to them by payment processors, banks, currency-conversion services or withdrawal providers.

First Person may change payment methods or schedules upon notice.

First Person is not responsible for payment delays caused by:

• Incorrect Affiliate information;
• Failure to complete payment onboarding;
• Failure to provide tax documentation;
• Payment-provider restrictions;
• Sanctions or legal restrictions;
• Bank rejection;
• Account security reviews; or
• Circumstances outside First Person’s reasonable control.

13. Taxes

You are solely responsible for:

• Determining and satisfying your tax obligations;
• Reporting income earned through the Program;
• Paying applicable federal, state, local and foreign taxes;
• Providing requested tax forms and identification information; and
• Maintaining legally required business registrations.

First Person may withhold payments when required by law or when necessary tax documentation has not been provided.

Participation in the Program does not create an employment relationship, and First Person will not withhold payroll taxes, provide employee benefits or make unemployment or workers’ compensation contributions on your behalf.

14. Refunds, Returns, Chargebacks and Reversals

First Person may reject, withhold or reverse commissions associated with:

• Returned products;
• Refunded orders;
• Cancelled orders;
• Payment disputes;
• Chargebacks;
• Fraud;
• Duplicate orders;
• Test orders;
• Reshipments;
• Replacement orders;
• Unauthorized transactions;
• Violations of these Terms; or
• Tracking or calculation errors.

If a commission has already been paid, First Person may:

• Deduct the amount from future commissions;
• Create a negative account balance;
• Require repayment;
• Offset the amount against other amounts owed; or
• Take other reasonable action to recover the overpayment.

15. Self-Referrals

You may not earn commission on purchases made by:

• You;
• Your spouse or domestic partner;
• Members of your household;
• Your business;
• Your employees or agents acting for your benefit;
• A person reimbursed by you;
• A customer purchasing primarily for your personal use; or
• A person purchasing at your direction for the purpose of generating commission.

You may not:

• Use your Affiliate link or code as a personal discount;
• Create multiple customer identities;
• Split orders;
• Use alternate email addresses;
• Place orders on behalf of customers;
• Reimburse purchasers;
• Offer undisclosed kickbacks; or
• Manipulate transactions to generate commission.

First Person may make limited written exceptions for approved demonstrations, testing or business purchases. No exception is valid unless approved in advance.

16. Promotional Responsibilities

You are responsible for all content, communications and promotional activity conducted by you or on your behalf.

You must:

1. Promote First Person honestly and accurately;
2. Use only current, authorized product information;
3. Clearly disclose your material relationship with First Person;
4. Use products as directed when discussing personal experience;
5. Make only claims approved or authorized by First Person;
6. Correct inaccurate content promptly;
7. Remove expired promotions and outdated claims;
8. Comply with applicable platform rules;
9. Maintain records sufficient to substantiate your compliance when requested; and
10. Cooperate with reasonable compliance reviews.

You may express your honest opinions, but your statements must reflect your genuine experience and may not be misleading.

Receiving a product, commission or other benefit does not require you to provide a positive review. It does require you to disclose the relationship and describe your experience truthfully.

17. FTC and Advertising Disclosures

You must clearly and conspicuously disclose your material relationship with First Person whenever you promote, mention, review or endorse First Person or its products.

A material relationship includes receiving or potentially receiving:

• Commission;
• Free products;
• Discounts;
• Gifts;
• Payment;
• Bonuses;
• Travel;
• Services; or
• Any other benefit.

Disclosures must:

1. Be easy to notice and understand;
2. Appear with the endorsement;
3. Be placed before or near the promotional claim or link;
4. Be presented in the same language as the endorsement;
5. Not be hidden in a profile, terms page or group of hashtags;
6. Not require a consumer to click “more” to find the disclosure where reasonably avoidable;
7. Be visible long enough to be understood in video;
8. Be stated verbally and visually when appropriate in video or livestream content; and
9. Comply with applicable laws and platform-specific branded-content requirements.

Acceptable examples may include:

• “Ad”
• “Sponsored”
• “Sponsored by First Person”
• “First Person gifted me this product.”
• “I earn a commission if you purchase through my link.”
• “I received this product for free and may earn a commission from purchases.”

Vague or ambiguous terms may be insufficient when used alone, including:

• “Ambassador”
• “Partner”
• “Collab”
• “Thanks First Person”
• “Affiliate link”
• “Gifted,” without identifying who provided the gift

Platform disclosure tools should be used when available, but they may not replace a clear disclosure in the content itself.

First Person may require specific disclosure language for a campaign.

18. Product and Health Claims

First Person markets products in categories subject to heightened advertising and regulatory scrutiny. You must exercise particular care when discussing cognitive performance, mood, stress, sleep, energy, memory, focus, brain health, mushrooms, dietary supplements, functional beverages or other health-related topics.

You may make only claims that:

1. Are truthful and not misleading;
2. Accurately reflect your personal experience, if presented as personal experience;
3. Appear in current First Person-approved materials or have been separately approved in writing;
4. Include all necessary context and qualifications;
5. Are consistent with the product label and intended use; and
6. Are supported by information provided or approved by First Person.

You may not create, expand, reinterpret or embellish an approved claim.

19. Prohibited Disease and Medical Claims

Unless First Person gives express written approval supported by applicable legal authorization, you may not state or imply that a First Person product:

• Diagnoses a disease or medical condition;
• Treats a disease or medical condition;
• Cures a disease or medical condition;
• Mitigates a disease or medical condition;
• Prevents a disease or medical condition;
• Replaces medical care, therapy or medication;
• Is equivalent or superior to a prescription drug;
• Is recommended by the FDA;
• Has been approved by the FDA; or
• Is guaranteed to produce a health or performance result.

Prohibited claims include, without limitation, statements that a First Person product:

• Prevents or treats Alzheimer’s disease;
• Prevents or treats dementia;
• Treats ADHD;
• Treats depression;
• Treats anxiety disorders;
• Treats insomnia;
• Reverses cognitive decline;
• Repairs brain damage;
• Prevents memory loss;
• Replaces stimulant medication;
• Replaces antidepressants or anti-anxiety medication; or
• Produces guaranteed neurological changes.

You also may not imply a prohibited claim through:

• Hashtags;
• Images;
• Before-and-after content;
• Testimonials;
• References to symptoms;
• Comparisons to drugs;
• Links to third-party medical content;
• Dramatic personal stories;
• Selective quotations; or
• The overall impression of your content.

Including a disclaimer does not make an otherwise prohibited or misleading claim acceptable.

20. Scientific Studies and Testing Results

You may not refer to a scientific study, clinical trial, laboratory analysis, brain test, qEEG result, IVA-2 result, percentage improvement, processing-speed result, reaction-time result or other technical finding unless First Person has supplied the exact approved language and context.

When First Person authorizes use of testing results, you must:

• Use the exact approved figures;
• Identify the tested product accurately;
• Include required qualifications;
• Avoid implying universal or guaranteed outcomes;
• Avoid describing preliminary or exploratory testing as conclusive;
• Avoid implying FDA approval;
• Avoid extrapolating results to diseases or medical treatment; and
• Include any required sample-size, methodology or study-context language.

You may not modify charts, remove qualifications or combine separate findings in a way that changes their meaning.

21. Testimonials and Personal Experiences

Any testimonial or statement about your personal experience must be honest, current and representative of your actual experience.

You may not:

• Claim to have used a product you have not used;
• Describe an outcome you did not experience;
• Fabricate a testimonial;
• Use fake reviews or identities;
• Purchase or solicit deceptive reviews;
• Use another person’s testimonial without authorization;
• Suggest that an atypical result is typical without approved qualification;
• Make a disease claim through a personal story; or
• State or imply that compensation did not influence the content when you received a material benefit.

First Person may request documentation confirming that a testimonial reflects a genuine experience.

22. Approved Materials

First Person may provide approved:

• Product descriptions;
• Photographs;
• Videos;
• Logos;
• Banners;
• Talking points;
• Claims;
• Testimonials;
• Data graphics;
• Promotional offers;
• Landing pages; and
• Other creative materials.

You may use these materials only:

1. For authorized Program promotion;
2. During your participation in the Program;
3. Without material alteration;
4. In accordance with brand guidelines; and
5. Subject to any campaign-specific restrictions.

You may resize materials when necessary, provided you do not distort them or remove disclosures, qualifications, trademarks or required language.

You may not edit an approved claim, chart, statistic or testimonial in a way that changes its meaning or context.

23. Promotional Codes

You may use only promotional codes assigned or expressly approved by First Person.

You may not:

• Create or advertise unauthorized codes;
• Alter the value or conditions of a code;
• Represent an expired code as active;
• Distribute private or customer-service codes;
• Use codes intended for employees, wholesale customers or another Affiliate;
• Place codes on prohibited coupon sites;
• Use misleading terms such as “best,” “exclusive” or “highest discount” without authorization;
• Add First Person codes to browser extensions or toolbars;
• Promote codes through paid search without approval; or
• Misrepresent a code’s expiration, availability or terms.

First Person may change, suspend or terminate any code at any time.

24. Coupon, Deal and Cashback Sites

Coupon, deal, loyalty, rebate and cashback websites may participate only with prior written approval.

Unless approved, you may not:

• Post your code to a coupon or deal site;
• Submit codes to third-party coupon databases;
• Allow automated code scraping;
• Promote your code through a browser extension;
• Offer cashback funded from your commission;
• Intercept customers at checkout;
• Use pop-ups or overlays to insert a code;
• Claim to offer a discount unavailable elsewhere; or
• Target customers already intending to purchase from First Person.

If an unauthorized site publishes your code, you must promptly notify First Person and reasonably cooperate in removal efforts.

First Person may disable or replace codes that appear on unauthorized properties.

25. Paid Search and Advertising

Unless First Person gives prior written approval, you may not use paid search, paid social, display advertising, native advertising, retargeting, shopping ads or other paid media to promote First Person.

Under no circumstances may you bid on or target:

• “First Person”;
• “Think Fast”;
• “Sunbeam”;
• “Golden Hour”;
• “Moonlight”;
• “Crystallized Lion’s Mane”;
• First Person product names;
• First Person trademarks;
• Misspellings or variations of those terms;
• First Person URLs;
• Terms confusingly similar to First Person marks; or
• Phrases combining a First Person trademark with “coupon,” “discount,” “promo code,” “review” or similar commercial terms.

You may not:

• Send paid traffic directly through an Affiliate link without approval;
• Use First Person trademarks in ad copy without approval;
• Outrank or compete with First Person’s own branded advertising;
• Use misleading display URLs;
• Impersonate First Person in an advertisement;
• Link an advertisement to an unauthorized landing page;
• Use negative matching or other techniques to circumvent these restrictions; or
• Purchase ads on First Person’s social-media names, usernames or handles.

26. Domains, Applications and Social Accounts

You may not register, purchase, use or control any:

• Domain name;
• Subdomain;
• Mobile application;
• Social-media account;
• Username;
• Group;
• Page;
• Profile; or
• Online property

that contains or is confusingly similar to a First Person trademark, product name, slogan or misspelling.

You may not present any property as an official First Person property or imply that First Person owns, operates, endorses or controls it.

Your website or profile must clearly identify you or your business as independent from First Person.

27. Email, SMS and Direct Messaging

You may promote First Person through email, SMS or direct messaging only when:

1. You have all legally required consent;
2. The communication complies with applicable laws;
3. The sender is accurately identified;
4. The message contains required disclosures;
5. The recipient can opt out as required;
6. The content is not deceptive; and
7. First Person has approved the promotional method when required.

You may not:

• Send spam;
• Purchase or rent unverified contact lists;
• Scrape contact information;
• Send unsolicited bulk messages;
• Use misleading subject lines;
• Falsify sender information;
• Imply the message was sent by First Person;
• Send from an address containing a First Person trademark without approval; or
• violate the CAN-SPAM Act, Telephone Consumer Protection Act or other applicable communication law.

You are solely responsible for your mailing lists, consent records, suppression lists and messaging practices.

28. Social Media, Video and Livestreams

When promoting First Person on social media, video platforms or livestreams, you must:

• Make disclosures easy to see or hear;
• Place disclosures at or near the beginning where appropriate;
• Repeat disclosures during lengthy or recurring livestream promotions;
• Use both verbal and visual disclosure for video when reasonably necessary;
• Avoid relying solely on a platform’s description field;
• Follow the platform’s branded-content policies;
• Preserve required disclosure text when reposting content; and
• Ensure that any linked landing page is authorized.

You are responsible for statements made in captions, audio, overlays, comments, replies, livestream chats, thumbnails, hashtags and linked content.

29. Reviews and Editorial Content

You may publish reviews and editorial content about First Person, provided that:

• Your opinions are honest;
• Material relationships are disclosed;
• The content is not misleading;
• Product claims comply with these Terms;
• You distinguish opinion from objective fact;
• Comparisons are accurate and supportable;
• You do not imply editorial independence while concealing compensation; and
• You do not describe sponsored content as independent or unpaid.

First Person does not require positive coverage as a condition of participation or receiving a product.

However, First Person may require correction or removal of content that is false, misleading, noncompliant, defamatory, infringing or otherwise violates these Terms.

30. Product Comparisons

Any comparison between First Person and another company or product must be truthful, current, fair and capable of substantiation.

You may not:

• Misstate a competitor’s ingredients, price, formulation or claims;
• Create misleading side-by-side comparisons;
• Suggest that all mushroom coffee is ineffective;
• Claim superiority without approved support;
• Disparage a competitor through false statements;
• Use a competitor’s trademarks in a misleading manner; or
• Present opinion as scientifically established fact.

First Person may prohibit specific comparisons or require preapproval.

31. Intellectual Property License

Subject to your continued compliance with these Terms, First Person grants you a limited, nonexclusive, nontransferable, nonsublicensable, revocable license to use approved First Person trademarks and materials solely to participate in the Program.

You acquire no ownership rights in:

• First Person trademarks;
• Product names;
• Logos;
• Packaging;
• Photographs;
• Videos;
• Copy;
• Research summaries;
• Website content; or
• Other intellectual property.

All goodwill arising from your use of First Person trademarks will benefit First Person.

You may not:

• Modify First Person trademarks;
• Combine them with other marks;
• Use them in a business name;
• Register them;
• Challenge First Person’s ownership;
• Use them after termination; or
• Use them in a manner that harms or dilutes the brand.

First Person may revoke this license at any time.

32. Affiliate-Created Content

As between you and First Person, you retain ownership of original content you create, subject to First Person’s ownership of its trademarks, products and supplied materials.

Unless a separate campaign agreement states otherwise, by submitting, tagging, sending or publishing content created in connection with the Program, you grant First Person a nonexclusive, worldwide, royalty-free license to:

• Repost;
• Display;
• Link to;
• Share; and
• Identify you as the creator of

that content on First Person’s owned social-media channels, Affiliate communications and internal reporting.

First Person will seek separate permission before using Affiliate-created content in paid advertising, product packaging, permanent website advertising or other materially expanded commercial uses, unless such rights were granted in a separate agreement or campaign brief.

You represent that your content:

• Is original or properly licensed;
• Does not infringe third-party rights;
• Does not include people who have not consented where consent is required;
• Does not include unauthorized music or media;
• Complies with applicable law; and
• May be used as authorized under these Terms.

33. Prohibited Content and Properties

You may not promote First Person through content or properties that contain, support or encourage:

• Illegal activity;
• Fraud;
• Hate speech;
• Harassment;
• Discrimination;
• Explicit sexual content;
• Graphic violence;
• Terrorism or extremist activity;
• Sale or misuse of controlled substances;
• Dangerous or deceptive health practices;
• Intellectual-property infringement;
• False news or deliberate misinformation;
• Malware;
• Spyware;
• Adware;
• Forced redirects;
• Cookie stuffing;
• Unauthorized data collection; or
• Content that First Person reasonably determines could damage its reputation.

First Person may require removal of any placement it considers unsuitable.

34. Fraud and Manipulation

You may not engage in or facilitate:

• Cookie stuffing;
• Forced clicks;
• Invisible pixels used deceptively;
• Click injection;
• Adware;
• Malware;
• Toolbar interception;
• Automated traffic;
• Bots;
• Fake leads;
• Fake accounts;
• Stolen payment methods;
• Transaction splitting;
• Duplicate purchases;
• Order manipulation;
• Misattribution;
• Commission laundering;
• Incentivized purchases not approved by First Person;
• False geographic routing;
• Proxy or VPN manipulation intended to defeat controls;
• Unauthorized sub-affiliate networks; or
• Any conduct designed to receive commission without delivering a genuine, incremental customer referral.

First Person may use fraud-monitoring systems and may withhold payment while investigating suspected misconduct.

35. Sub-Affiliates and Networks

You may not distribute First Person offers through a sub-affiliate network, media-buying network, agency, publisher network or other third-party distribution arrangement without prior written approval.

If approval is granted, you remain fully responsible for:

• The conduct of sub-affiliates;
• Their disclosures;
• Their promotional methods;
• Their claims;
• Their compliance with these Terms; and
• Providing information about them upon request.

First Person may require removal of any sub-affiliate or placement.

36. Product Samples and Gifts

Approval into the Program does not guarantee free product.

First Person may provide samples or gifts based on criteria including audience relevance, content quality, prior performance, product familiarity and campaign needs.

Unless otherwise agreed:

• Samples have no cash value;
• Samples may not be resold;
• Receiving a sample does not guarantee a paid collaboration;
• Receiving a sample does not require a positive review;
• The sample must be disclosed as a material connection when promoted; and
• First Person may limit the frequency and quantity of samples.

Fraudulent or repeated applications intended primarily to obtain free product may result in termination.

37. Monitoring and Compliance

First Person may monitor Affiliate content and promotional activity directly or through third parties.

You agree to cooperate with reasonable requests to:

• Identify traffic sources;
• Explain promotional methods;
• Provide screenshots;
• Produce disclosure records;
• Verify audience or sales data;
• Remove or correct content;
• Stop a campaign;
• Update expired promotions;
• Provide proof of consent; or
• Investigate suspicious activity.

When First Person requests correction or removal of noncompliant content, you must act promptly and, unless a shorter period is specified due to risk, within twenty-four (24) hours.

First Person’s review or failure to review content does not transfer responsibility for your compliance to First Person.

38. Confidentiality

You may receive confidential or nonpublic information, including:

• Product-launch information;
• Embargoed materials;
• Unreleased products;
• Commission arrangements;
• Business plans;
• Research;
• Test results;
• Customer information;
• Sales data;
• Promotional calendars; and
• Other information identified as confidential or that reasonably should be understood as confidential.

You may use confidential information only for authorized Program purposes and may not disclose it without First Person’s written consent.

This section does not apply to information that:

• Becomes public through no breach by you;
• Was lawfully known to you without restriction;
• Is received lawfully from a third party; or
• Is independently developed without use of confidential information.

If disclosure is legally required, you must provide advance notice to First Person when legally permitted.

39. Privacy and Customer Data

You may not receive or collect First Person customer personal information except as expressly authorized.

You may not:

• Attempt to identify customers from Refersion data;
• Combine Affiliate data with unauthorized personal data;
• Sell customer information;
• Retarget customers without authorization;
• Download or retain customer order information;
• Contact customers on First Person’s behalf;
• Represent that you have access to First Person customer accounts; or
• Use customer information for a purpose unrelated to the Program.

You must comply with applicable privacy and data-security laws and maintain reasonable safeguards for any personal data you lawfully process.

40. Independent Contractor Relationship

You participate in the Program as an independent contractor.

Nothing in these Terms creates:

• An employment relationship;
• A partnership;
• A joint venture;
• A franchise;
• An agency relationship;
• A fiduciary relationship; or
• Authority to bind First Person.

You may not:

• Enter into contracts on behalf of First Person;
• Make warranties on behalf of First Person;
• Incur obligations for First Person;
• Represent yourself as an employee or agent; or
• Make commitments concerning pricing, refunds, product availability or customer service.

You are responsible for your own business expenses, equipment, personnel, insurance, licensing and taxes.

41. No Exclusivity

Unless a separate written agreement provides otherwise, the Program is nonexclusive.

You may promote other brands, including competing products, provided that you:

• Comply with these Terms;
• Do not misuse confidential information;
• Do not create misleading comparisons;
• Do not imply exclusivity;
• Do not use First Person materials to promote another brand; and
• Honor any campaign-specific category restrictions you separately accept.

First Person may work with any other Affiliate, creator, publisher or partner.

42. Program Changes

First Person may modify:

• These Terms;
• Commission rates;
• Offers;
• Eligible products;
• Promotional codes;
• Attribution windows;
• Payment methods;
• Payment thresholds;
• Program benefits;
• Product availability; or
• Any other Program feature.

Material changes may be communicated through email, Refersion, the Affiliate portal or an updated version of these Terms.

Unless otherwise stated, changes apply prospectively. Continued participation after the effective date of updated Terms constitutes acceptance.

If you do not agree to an update, your remedy is to stop participating and terminate your Program account.

43. Suspension

First Person may suspend your account or withhold commissions while investigating:

• Suspected fraud;
• Unusual sales patterns;
• Excessive refunds;
• Customer complaints;
• Disclosure violations;
• Prohibited health claims;
• Trademark violations;
• Unauthorized paid media;
• Coupon leakage;
• Misleading promotion;
• Data-security concerns; or
• Other potential violations.

During suspension, you may be required to stop promoting First Person immediately.

Suspension does not prevent First Person from later terminating your account or reversing ineligible commissions.

44. Termination

Either party may terminate participation in the Program at any time, with or without cause, by providing notice.

First Person may terminate immediately for conduct including:

• Fraud;
• Deceptive practices;
• Failure to disclose the Affiliate relationship;
• Disease or medical claims;
• Trademark bidding;
• Self-referrals;
• Unauthorized coupon promotion;
• Spam;
• Misuse of customer data;
• Material breach of these Terms;
• Failure to correct content;
• Brand-damaging conduct; or
• Illegal activity.

Upon termination, you must immediately:

1. Stop representing yourself as a First Person Affiliate;
2. Stop using Affiliate links and promotional codes;
3. Remove First Person trademarks and supplied materials;
4. Stop using confidential information;
5. Remove or correct noncompliant promotional content; and
6. Comply with any additional reasonable wind-down instructions.

First Person may deactivate links and codes upon termination.

45. Effect of Termination on Commissions

Subject to these Terms, approved commissions earned from qualifying transactions occurring before termination may remain payable after the applicable review period.

However, First Person may reject or forfeit pending or unpaid commissions associated with:

• Fraud;
• Self-referrals;
• Prohibited promotional methods;
• Misleading health claims;
• Material disclosure violations;
• Trademark violations;
• Transactions generated in breach of these Terms;
• Chargebacks, cancellations or refunds; or
• Other misconduct directly related to the commissions.

Termination does not affect rights or obligations that accrued before termination.

Sections that by their nature should survive will survive, including provisions concerning confidentiality, intellectual property, payment adjustments, indemnification, liability, disputes and governing law.

46. Affiliate Representations and Warranties

You represent and warrant that:

1. You have authority to enter into these Terms;
2. Your participation will comply with applicable law;
3. Your promotional properties and content do not infringe third-party rights;
4. Your statements will be truthful and not misleading;
5. Your testimonials will reflect genuine experiences;
6. You will make required disclosures;
7. You will not make unauthorized health or disease claims;
8. You will not engage in fraud or attribution manipulation;
9. Information you provide is accurate; and
10. You will comply with applicable platform policies and these Terms.

47. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROGRAM, REFERRAL LINKS, PROMOTIONAL CODES, AFFILIATE PORTAL, CREATIVE MATERIALS AND RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

FIRST PERSON DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY AND ERROR-FREE OPERATION.

FIRST PERSON DOES NOT WARRANT THAT:

• TRACKING WILL BE UNINTERRUPTED OR ERROR-FREE;
• EVERY REFERRAL WILL BE ATTRIBUTED;
• THE PROGRAM WILL GENERATE INCOME;
• PRODUCTS WILL REMAIN AVAILABLE;
• PROMOTIONAL CODES WILL REMAIN ACTIVE;
• REFERSION OR ANOTHER THIRD-PARTY SERVICE WILL ALWAYS BE AVAILABLE; OR
• PROGRAM MATERIALS WILL MEET YOUR PARTICULAR NEEDS.

Some jurisdictions do not allow certain disclaimers, so portions of this section may not apply to you.

48. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIRST PERSON AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO THE PROGRAM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIRST PERSON’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS ACTUALLY PAID TO YOU DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply regardless of the legal theory and even if First Person was advised that damages were possible.

Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.

49. Indemnification

You agree to defend, indemnify and hold harmless First Person and its affiliates, officers, directors, employees, agents, contractors, licensors and service providers from claims, liabilities, damages, judgments, losses, costs and expenses, including reasonable attorneys’ fees, arising from or related to:

• Your participation in the Program;
• Your content or promotional activities;
• Your breach of these Terms;
• Your violation of law;
• Your product or health claims;
• Your failure to disclose a material relationship;
• Your infringement of third-party rights;
• Your email, SMS or privacy practices;
• Your fraud or misconduct;
• Your products or services; or
• A dispute between you and a customer, follower, subscriber, contractor or third party.

First Person may control the defense of a covered claim, and you agree to reasonably cooperate.

You may not settle a claim in a manner that imposes liability, admission or obligation on First Person without First Person’s written consent.

50. Dispute Resolution

Before initiating formal proceedings, the parties agree to attempt in good faith to resolve a dispute by written notice and informal discussion for at least thirty (30) days.

Notices of dispute must describe:

• The nature of the dispute;
• Relevant facts;
• The relief requested; and
• Contact information for the person handling the dispute.

Legal counsel should select one of the following approaches before publication:

Option A: Courts

Any legal action arising from these Terms will be brought exclusively in the state or federal courts located in [County, State], and each party consents to their jurisdiction and venue.

Option B: Binding Arbitration

Any dispute not resolved informally will be resolved through binding individual arbitration administered by [AAA/JAMS] under its applicable commercial rules, in [County, State].

The parties waive trial by jury and, to the extent permitted by law, participation in a class, consolidated or representative action.

Nothing prevents either party from seeking temporary or injunctive relief regarding intellectual property, confidential information, fraud, data security or unauthorized use of trademarks.

Delete the unused option following legal review.

51. Governing Law

These Terms are governed by the laws of the State of [State], without regard to conflict-of-laws principles.

52. Notices

First Person may provide notices through:

• Email;
• Refersion;
• The Affiliate portal;
• The Program registration page; or
• Another reasonable electronic method.

Notices to First Person must be sent to:

[Full legal company name]
[Mailing address]
Email: [affiliate-program email address]

You are responsible for keeping your contact information current.

53. Assignment

You may not assign, transfer, delegate or sublicense these Terms or your Program account without First Person’s prior written consent.

First Person may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets or other business transaction.

Any prohibited assignment is void.

54. Force Majeure

First Person will not be liable for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, labor disruptions, transportation interruptions, internet or utility failures, platform outages, cyberattacks, government action, epidemics, supply shortages or third-party service failures.

55. Waiver and Severability

Failure to enforce a provision is not a waiver of the right to enforce it later.

If any provision is found invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in effect.

56. Entire Agreement

These Terms, your assigned Refersion offer, applicable campaign briefs, approved written exceptions and any separate agreement signed by First Person constitute the entire agreement concerning your participation in the Program.

If documents conflict, the following order of precedence applies unless expressly stated otherwise:

1. A separately signed agreement;
2. A campaign-specific written agreement;
3. Your assigned Refersion offer concerning commission economics;
4. These Terms; and
5. General Program materials.

Marketing statements, informal messages or verbal discussions do not modify these Terms.

57. Electronic Acceptance

You consent to electronic communications and agree that electronic acceptance, including checking an acceptance box, submitting an application, accepting a Refersion offer or participating in the Program, has the same legal effect as a handwritten signature.

58. Contact

Questions concerning the Program may be directed to:

First Person Affiliate Program
Email: [affiliate-program email address]
Website: [affiliate-program webpage]

AFFILIATE ACKNOWLEDGMENT

By applying to or participating in the First Person Affiliate Program, Affiliate acknowledges that Affiliate:

• Has read and understood these Terms;
• Agrees to comply with them;
• Will clearly disclose the Affiliate relationship;
• Will use only approved product claims;
• Will not make disease or medical-treatment claims;
• Will not bid on First Person trademarks;
• Will not engage in self-referrals or attribution manipulation; and
• Understands that commissions remain subject to review, approval, refunds, fraud controls and these Terms.

FIRST PERSON AFFILIATE PROGRAM

PRIVACY POLICY

[Full legal name of First Person entity], doing business as First Person (“First Person,” “we,” “us,” or “our”), respects the privacy of applicants and participants in the First Person Affiliate Program (the “Program”).

This Affiliate Program Privacy Policy (“Policy”) explains how we collect, use, disclose, retain and protect personal information in connection with:

• Applications to the Program;
• Affiliate accounts and profiles;
• The First Person affiliate registration page;
• The Refersion affiliate portal;
• Referral links and promotional codes;
• Affiliate communications;
• Commission tracking and payments;
• Product-sampling activities;
• Compliance monitoring; and
• Other activities related to the Program.

By applying to or participating in the Program, you acknowledge the practices described in this Policy.

1. Scope of This Policy

This Policy applies to personal information First Person processes about:

• Individuals who apply to the Program;
• Approved Affiliates;
• Representatives of Affiliate businesses;
• Creators, publishers, reviewers and other Program partners;
• Individuals who communicate with us about the Program; and
• Individuals whose information is submitted by an Affiliate in connection with the Program.

This Policy is intended to supplement, and not replace, First Person’s general website privacy policy.

First Person’s general website privacy policy may apply when you:

• Visit the First Person website;
• Purchase First Person products;
• Subscribe to First Person marketing;
• Contact customer service;
• Create a retail customer account; or
• Otherwise interact with First Person outside the Program.

If this Policy conflicts with First Person’s general privacy policy regarding information collected specifically for the Program, this Policy will control for that Program-related information unless otherwise stated.

2. Refersion and Other Service Providers

First Person uses Refersion to administer aspects of the Program, including:

• Affiliate applications;
• Affiliate accounts;
• Referral links;
• Promotional-code attribution;
• Conversion tracking;
• Commission reporting;
• Affiliate dashboards;
• Communications; and
• Payments or payment administration.

When you interact with Refersion, Refersion may independently collect and process personal information under its own privacy policy and terms.

First Person does not control all of Refersion’s independent data practices. You should review Refersion’s privacy policy before creating or using a Refersion account.

We may also use other providers to support the Program, including ecommerce platforms, payment processors, tax-document providers, email platforms, analytics providers, cloud-hosting providers, fraud-prevention services and professional advisors.

3. Personal Information We Collect

The personal information we collect depends on how you interact with the Program.

3.1 Information You Provide

We may collect information you provide when you apply, create an account, update your profile, contact us, participate in a campaign, request a sample or receive a payment.

This may include:

Identity and contact information

• First and last name;
• Business or organization name;
• Username;
• Mailing address;
• Country;
• Email address;
• Telephone number; and
• Preferred method of communication.

Affiliate profile information

• Website address;
• Blog or publication information;
• Social-media handles;
• Podcast, newsletter or channel information;
• Primary promotional platforms;
• Content categories;
• Audience size;
• Audience location;
• Engagement information;
• Promotional methods;
• Previous affiliate experience;
• Existing relationships with First Person;
• Reasons for applying; and
• Other application responses.

Account information

• Refersion account information;
• Affiliate identification number;
• Login information;
• Account preferences;
• Assigned offer;
• Commission rate;
• Promotional codes;
• Referral links; and
• Account status.

First Person may not receive or store your Refersion password.

Payment and tax information

Depending on the payment method and applicable law, information may include:

• Payment account details;
• PayPal or other payment-service information;
• Bank information;
• Taxpayer name;
• Tax identification number;
• Tax classification;
• Form W-9, Form W-8 or similar documentation;
• Country of tax residence;
• Payment history; and
• Withholding information.

Payment processors or Refersion may collect some of this information directly. First Person may receive only limited details, confirmation or transaction records.

Product-sampling and campaign information

• Shipping address;
• Product preferences;
• Sample requests;
• Products sent;
• Campaign participation;
• Content submissions;
• Content links;
• Posting dates;
• Disclosure information;
• Usage rights;
• Campaign feedback; and
• Performance information.

Communications

• Emails;
• Support requests;
• Survey responses;
• Meeting notes;
• Complaints;
• Attribution inquiries;
• Payment questions;
• Compliance correspondence; and
• Other communications with First Person or its service providers.

3.2 Information Collected Automatically

When you access a registration page, Affiliate portal, tracking link, email or Program-related website, First Person and its providers may automatically collect information such as:

• Internet Protocol address;
• Browser type;
• Device type;
• Operating system;
• Language;
• Approximate location;
• Referring website;
• Pages viewed;
• Dates and times of access;
• Clicks;
• Session information;
• Link identifiers;
• UTM parameters;
• Sub-identifiers;
• Registration-page activity;
• Email opens and clicks, where permitted;
• Diagnostic information; and
• Similar device and usage information.

Some information may be collected through cookies, local storage, pixels, tags, software development kits or similar technologies.

Refersion may use referral parameters and other first-party tracking methods to associate clicks, referrals and transactions with an Affiliate.

3.3 Referral and Transaction Information

When a customer interacts with an Affiliate link or promotional code, we and our providers may collect or receive information used to determine attribution and calculate commissions.

This may include:

• Affiliate identification number;
• Referral-link information;
• Promotional code;
• Click date and time;
• Referring page;
• Landing page;
• Attribution source;
• Sub-identifier;
• Order identifier;
• Transaction date;
• Products purchased;
• Product identifiers or SKUs;
• Order subtotal;
• Discounts;
• Refunds;
• Returns;
• Chargebacks;
• Subscription status;
• New- or existing-customer status;
• Commission amount;
• Conversion status; and
• Fraud or risk indicators.

Affiliates generally do not receive direct access to a customer’s full payment information or other sensitive retail-account information.

The Affiliate portal may display limited transaction details needed to administer the Program, subject to the functionality and settings of Refersion.

3.4 Information From Other Sources

We may receive information from:

• Refersion;
• Shopify or another ecommerce platform;
• Payment processors;
• Tax-document providers;
• Social-media platforms;
• Public websites;
• Affiliate networks;
• Marketing and analytics providers;
• Fraud-prevention providers;
• Customers;
• Other Affiliates;
• Business partners;
• Professional advisors; and
• Publicly available sources.

For example, we may review publicly available social-media content, audience information, websites or promotional activity when evaluating an application or monitoring compliance.

4. How We Use Personal Information

We may use personal information to:

4.1 Administer the Program

• Receive and evaluate applications;
• Approve or reject applicants;
• Create and manage Affiliate accounts;
• Assign commission offers;
• Generate referral links and promotional codes;
• Maintain Affiliate profiles;
• Provide access to the Affiliate portal;
• Manage Affiliate status;
• Provide support; and
• Operate the Program.

4.2 Track Referrals and Commissions

• Attribute clicks and purchases;
• Calculate commissions;
• Identify qualifying purchases;
• Deduplicate conversions;
• Review missing-transaction requests;
• Process reversals;
• Track subscription orders;
• Analyze Affiliate performance; and
• Resolve attribution disputes.

4.3 Process Payments

• Approve commissions;
• Issue payments;
• Maintain payment records;
• Verify payment information;
• Complete tax reporting;
• Apply legally required withholding;
• Investigate failed payments; and
• Resolve payment disputes.

4.4 Communicate With Affiliates

• Send application decisions;
• Provide account notices;
• Deliver onboarding materials;
• Announce promotions;
• Share product information;
• Provide approved claims and creative assets;
• Send payment notices;
• Request updated information;
• Answer questions;
• Provide compliance notices; and
• Communicate changes to Program terms or policies.

4.5 Manage Products and Campaigns

• Review sample requests;
• Ship products;
• Manage creator campaigns;
• Coordinate content;
• Review submissions;
• Track campaign obligations;
• Obtain content permissions;
• Identify high-performing Affiliates; and
• Evaluate potential paid collaborations.

4.6 Protect the Program

• Detect fraud;
• Prevent self-referrals;
• Detect unauthorized coupon distribution;
• Investigate unusual transaction patterns;
• Monitor prohibited advertising;
• Identify trademark misuse;
• Enforce Program terms;
• Protect customers;
• Protect First Person’s systems;
• Maintain account security; and
• Prevent illegal or harmful activity.

4.7 Maintain Regulatory and Legal Compliance

• Maintain tax and accounting records;
• Respond to legal requests;
• Enforce contracts;
• Review advertising disclosures;
• Monitor health and product claims;
• Maintain records of Affiliate activity;
• Establish, exercise or defend legal claims; and
• Comply with applicable law.

4.8 Improve the Program

• Measure application sources;
• Analyze Affiliate activation;
• Evaluate Program performance;
• Improve onboarding;
• Develop new offers;
• Optimize creative materials;
• Assess promotional channels;
• Improve the Affiliate portal experience; and
• Conduct internal reporting and forecasting.

4.9 Create Aggregated or Deidentified Information

We may aggregate or deidentify information so that it cannot reasonably be linked to you.

We may use aggregated or deidentified information for:

• Analytics;
• Business planning;
• Program benchmarking;
• Product development;
• Marketing measurement;
• Fraud analysis; and
• Other lawful purposes.

We will not attempt to reidentify information that has been properly deidentified except as permitted by law.

5. Legal Bases for Processing

Where applicable law requires a legal basis for processing personal information, we may rely on:

Performance of a contract

We may process information as necessary to:

• Review and administer your Program participation;
• Track referrals;
• Calculate commissions;
• Make payments; and
• Enforce the Affiliate Program Terms and Conditions.

Legitimate interests

We may process information for legitimate business purposes, including:

• Operating and improving the Program;
• Communicating with Affiliates;
• Preventing fraud;
• Protecting First Person;
• Measuring Program performance;
• Managing Affiliate relationships; and
• Securing our systems.

We consider the potential effect on your rights before relying on legitimate interests.

Legal obligations

We may process information to comply with:

• Tax requirements;
• Accounting requirements;
• Court orders;
• Regulatory obligations;
• Recordkeeping requirements; and
• Other applicable laws.

Consent

We may rely on consent when required, including for certain:

• Marketing communications;
• Tracking technologies;
• Optional profile information;
• Content uses; or
• Cross-border processing activities.

You may withdraw consent where applicable, but withdrawal does not affect processing that occurred before withdrawal.

6. How We Disclose Personal Information

We may disclose personal information in the circumstances described below.

6.1 Refersion

We disclose information to and receive information from Refersion to administer the Program.

Refersion may process:

• Application information;
• Account information;
• Affiliate identifiers;
• Tracking information;
• Transaction information;
• Commission information;
• Payment information; and
• Portal activity.

Refersion may also process information for its own purposes as described in its privacy policy.

6.2 Ecommerce and Technology Providers

We may disclose information to providers that support:

• Ecommerce operations;
• Website hosting;
• Cloud storage;
• Affiliate tracking;
• Analytics;
• Email delivery;
• Customer relationship management;
• Information security;
• Fraud detection;
• Product fulfillment; and
• Technical support.

6.3 Payment and Tax Providers

We may disclose information to:

• Payment processors;
• Banks;
• Tax-document providers;
• Accounting providers;
• Identity-verification providers;
• Compliance providers; and
• Government tax authorities.

These providers may require personal information to verify identity, prevent fraud, process payments or comply with financial and tax laws.

6.4 Shipping and Fulfillment Providers

When we send products or materials, we may disclose information such as:

• Name;
• Business name;
• Shipping address;
• Telephone number;
• Email address;
• Products ordered; and
• Delivery instructions.

6.5 Professional Advisors

We may disclose information to:

• Attorneys;
• Accountants;
• Auditors;
• Insurance providers;
• Consultants; and
• Other professional advisors.

6.6 Government Authorities and Legal Proceedings

We may disclose information when we believe disclosure is reasonably necessary to:

• Comply with law;
• Respond to a subpoena, court order or government request;
• Enforce Program terms;
• Protect legal rights;
• Prevent fraud or illegal conduct;
• Protect the safety of a person;
• Investigate security incidents; or
• Defend First Person in a legal proceeding.

6.7 Business Transactions

We may disclose or transfer personal information in connection with:

• A merger;
• Acquisition;
• Financing;
• Reorganization;
• Bankruptcy;
• Sale of assets;
• Corporate restructuring; or
• Similar business transaction.

The recipient may use the information subject to this Policy or a replacement policy provided after the transaction.

6.8 With Your Direction or Consent

We may disclose information when you direct us to do so or provide consent.

7. Selling and Sharing Personal Information

First Person does not sell Affiliate personal information for money.

However, certain privacy laws define “sale,” “sharing” or “targeted advertising” broadly. Some analytics, advertising or tracking activities may fall within those definitions even when no money changes hands.

The Program may use limited analytics or tracking technologies on:

• Affiliate registration pages;
• Affiliate landing pages;
• Program emails;
• First Person websites; or
• Campaign pages.

First Person should revise this section before publication to reflect its actual configuration.

Select and retain the applicable statement:

Option A: No sale or sharing

First Person does not sell Affiliate personal information or share it for cross-context behavioral advertising as those terms are defined under applicable California privacy law.

Option B: Limited sharing

First Person may disclose online identifiers and activity information to analytics or advertising providers in ways that may be considered a sale, sharing or targeted advertising under certain state privacy laws.

Eligible individuals may opt out as described in the “Your Privacy Rights” section.

Delete the unused option before publication.

8. Cookies and Tracking Technologies

We and our providers may use cookies and similar technologies to:

• Operate registration pages;
• Maintain sessions;
• Remember preferences;
• Detect fraud;
• Measure traffic;
• Analyze applications;
• Track referral activity;
• Attribute transactions;
• Measure campaign performance; and
• Improve the Program.

Tracking technologies may include:

• Cookies;
• Local storage;
• Pixels;
• Tags;
• Referral parameters;
• UTM parameters;
• Affiliate identifiers;
• Sub-identifiers; and
• Similar technologies.

Your browser or device may allow you to block or delete certain technologies. Doing so may interfere with:

• Affiliate registration;
• Account access;
• Referral tracking;
• Conversion attribution;
• Program analytics; and
• Other Program functions.

Where required by law, we will request consent before using nonessential tracking technologies.

Additional information may be available in First Person’s general cookie policy or privacy policy.

9. Affiliate Referral Tracking

When a person clicks an Affiliate link, the link may contain a unique parameter that identifies the referring Affiliate.

That parameter may be used to:

• Associate a visitor with an Affiliate;
• Track the source of a referral;
• Apply an attribution window;
• Attribute a later purchase;
• Calculate commission;
• Deduplicate transactions; and
• Prevent fraud.

Referral information may be combined with limited order and customer-status information from First Person’s ecommerce systems.

Affiliates may receive reporting concerning attributed activity, such as:

• Clicks;
• Conversions;
• Order date;
• Order value;
• Products purchased;
• Commission amount;
• Conversion status; and
• Refund or reversal status.

First Person does not authorize Affiliates to use Program reporting to identify, contact, profile or retarget individual customers.

10. Communications

We may send operational Program communications, including:

• Application decisions;
• Account notices;
• Payment notices;
• Tax-document requests;
• Compliance notices;
• Policy changes;
• Security alerts;
• Product availability notices; and
• Other messages necessary to administer the Program.

You may not be able to opt out of essential operational communications while participating in the Program.

We may also send promotional or educational Affiliate communications, including:

• Campaign opportunities;
• Content ideas;
• Product launches;
• Bonus opportunities;
• Creative assets;
• Program newsletters; and
• Event invitations.

You may unsubscribe from nonessential marketing messages using the unsubscribe instructions included in the message.

Unsubscribing from marketing communications does not terminate your Program account or prevent essential account-related communications.

11. Data Retention

We retain personal information for as long as reasonably necessary for the purposes described in this Policy.

Retention periods may depend on:

• The duration of your participation;
• Whether your application was approved;
• Outstanding commissions;
• Tax requirements;
• Accounting rules;
• Contractual obligations;
• Fraud-prevention needs;
• Legal limitation periods;
• Disputes;
• Regulatory obligations; and
• Technical backup schedules.

For example, we may retain:

• Application and account records while your account is active;
• Payment and tax records for the period required by law;
• Commission and transaction records for accounting, audit and dispute purposes;
• Compliance records to document enforcement;
• Fraud-prevention records to protect the Program; and
• Communications for legitimate business and legal purposes.

When information is no longer reasonably necessary, we may delete, anonymize or securely dispose of it.

Information may remain in backups for a limited period until those backups are overwritten or deleted.

12. Data Security

We use reasonable administrative, technical and physical safeguards designed to protect personal information.

These measures may include:

• Access controls;
• Authentication;
• Encryption where appropriate;
• Vendor management;
• Security monitoring;
• Employee training;
• Data minimization;
• Contractual safeguards;
• Incident-response procedures; and
• Secure disposal practices.

No system, network, storage method or electronic transmission is completely secure. We therefore cannot guarantee absolute security.

You are responsible for:

• Protecting your Affiliate login credentials;
• Using a unique password;
• Securing your devices;
• Limiting account access;
• Reviewing account activity; and
• Promptly notifying us of suspected unauthorized access.

13. Children’s Privacy

The Program is not intended for individuals under 18 years old.

We do not knowingly accept Program applications from children under 18 or knowingly collect personal information from children through the Program.

If we learn that a person under 18 submitted personal information through the Program, we may delete the information and reject or terminate the account.

A parent or guardian who believes a child submitted personal information may contact us using the information below.

14. International Data Transfers

First Person and its service providers may process personal information in the United States and other countries.

Those countries may have privacy laws that differ from the laws where you live.

Where required, we may use legally recognized safeguards for international transfers, such as:

• Standard contractual clauses;
• Data-processing agreements;
• Adequacy decisions;
• Contractual commitments;
• Consent; or
• Other legally permitted transfer mechanisms.

By participating in the Program, you understand that information may be processed outside your country, subject to applicable legal protections.

15. Your Privacy Rights

Depending on where you live and applicable law, you may have the right to:

• Confirm whether we process your personal information;
• Request access to personal information;
• Request correction of inaccurate information;
• Request deletion of personal information;
• Obtain a portable copy of certain information;
• Restrict certain processing;
• Object to certain processing;
• Withdraw consent;
• Opt out of certain sales, sharing or targeted advertising;
• Limit certain uses of sensitive personal information;
• Appeal a denied privacy request; and
• Not receive discriminatory treatment for exercising privacy rights.

These rights may be subject to exceptions.

For example, we may retain or continue processing information when necessary to:

• Complete payments;
• Administer an active contract;
• Maintain tax records;
• Detect fraud;
• Protect security;
• Exercise legal rights;
• Comply with law; or
• Establish, defend or resolve claims.

16. How to Submit a Privacy Request

To submit a request, contact us at:

Email: [privacy email address]
Online request form: [URL, if applicable]
Mail:
[Full legal company name]
[Street address]
[City, State ZIP Code]
[Country]

Please include:

• Your name;
• The email address associated with your Affiliate account;
• The nature of your request;
• Your state or country of residence; and
• Sufficient information to locate your records.

We may need to verify your identity before completing a request.

Verification may include confirming:

• Your email address;
• Affiliate account information;
• Payment details;
• Recent Program activity; or
• Other information reasonably necessary to protect your account.

We will use information submitted for verification only to evaluate and process the request, prevent fraud and maintain legally required records.

17. Authorized Agents

Where permitted by law, you may designate an authorized agent to submit a privacy request on your behalf.

We may require:

• Proof of the agent’s authority;
• Written authorization;
• Direct confirmation from you;
• Verification of your identity; or
• A valid power of attorney.

We may deny a request when the agent does not provide sufficient documentation.

18. Appeals

Residents of certain states may have the right to appeal our decision regarding a privacy request.

To appeal, contact:

[privacy email address]

Include:

• Your name;
• The original request date;
• The decision being appealed; and
• The reason you believe the decision should be reconsidered.

We will respond within the period required by applicable law.

19. California Privacy Notice

This section applies only to personal information subject to the California Consumer Privacy Act, as amended, when First Person is legally required to comply with that law.

19.1 Categories of Personal Information

During the preceding 12 months, we may have collected the following categories of personal information about Affiliate applicants and participants:

Category

Examples

Identifiers

Name, email address, postal address, account identifier, IP address

Customer-record information

Contact details, payment information and account details

Commercial information

Products promoted, samples received, referrals, conversions and commissions

Internet or network activity

Registration-page activity, clicks, referral links, browser and device information

Geolocation information

Approximate location derived from IP address or information you provide

Professional information

Business, website, profession, publication and promotional activities

Inferences

Affiliate suitability, fraud risk, likely audience fit and performance classification

Sensitive personal information

Tax identification or financial account information, when collected for payment and tax purposes

Communications

Emails, support inquiries, compliance correspondence and survey responses

We collect these categories from:

• You;
• Refersion;
• Ecommerce systems;
• Payment and tax providers;
• Public sources;
• Social-media platforms;
• Customers;
• Service providers; and
• Business partners.

19.2 Business Purposes

We may use these categories for:

• Program administration;
• Account management;
• Referral attribution;
• Commission calculation;
• Payment processing;
• Tax compliance;
• Communications;
• Product sampling;
• Campaign administration;
• Analytics;
• Fraud prevention;
• Security;
• Legal compliance; and
• Enforcing Program terms.

19.3 Categories Disclosed

We may disclose these categories to:

• Refersion;
• Ecommerce providers;
• Payment processors;
• Tax providers;
• Analytics providers;
• Cloud and technology vendors;
• Fulfillment providers;
• Fraud-prevention services;
• Professional advisors;
• Government authorities; and
• Parties involved in a business transaction.

19.4 Sale and Sharing

First Person must select the statement in Section 7 that reflects its actual practices.

Where applicable, California residents may request to opt out of the sale or sharing of personal information by using:

[“Do Not Sell or Share My Personal Information” link or privacy request method]

19.5 Sensitive Personal Information

We may use sensitive personal information, such as taxpayer identification or financial information, to:

• Verify identity;
• Process payments;
• Prevent fraud;
• Maintain account security;
• Complete tax reporting; and
• Comply with law.

We do not use sensitive personal information to infer characteristics about individuals unless disclosed otherwise.

19.6 California Rights

Subject to applicable exceptions, California residents may have rights to:

• Know the categories of personal information collected;
• Know the sources and purposes of collection;
• Know the categories of recipients;
• Access specific pieces of personal information;
• Correct inaccurate personal information;
• Delete personal information;
• Opt out of sale or sharing;
• Limit certain uses of sensitive personal information; and
• Receive equal treatment when exercising privacy rights.

20. Nevada and Other U.S. State Rights

Residents of Nevada, Colorado, Connecticut, Delaware, Iowa, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, Virginia and other states may have privacy rights under applicable state law.

Available rights and First Person’s obligations vary by state and may depend on whether First Person meets the applicable legal thresholds.

Submit requests using the contact methods in this Policy.

Where legally required, we will recognize valid browser-based opt-out preference signals for covered processing.

21. European Economic Area, United Kingdom and Switzerland

If applicable privacy law in the European Economic Area, United Kingdom or Switzerland applies to our processing, you may have rights to:

• Access your personal data;
• Correct inaccurate data;
• Request deletion;
• Restrict processing;
• Object to processing based on legitimate interests;
• Object to direct marketing;
• Receive portable data;
• Withdraw consent;
• Lodge a complaint with a supervisory authority; and
• Obtain information about international-transfer safeguards.

First Person is the controller of personal information it determines how and why to process for the Program.

Refersion and other providers may act as processors, service providers or independent controllers depending on the particular activity.

You may contact us at [privacy email address] for additional information regarding applicable legal bases or transfer safeguards.

22. Automated Decision-Making

We may use rules, scoring or automated tools to assist with:

• Fraud detection;
• Application review;
• Transaction review;
• Affiliate classification;
• Payment-risk review;
• Compliance monitoring; and
• Performance analysis.

Unless disclosed otherwise, we do not intend to make decisions producing legal or similarly significant effects solely through automated processing without human involvement.

Where applicable law provides rights relating to automated decisions, you may contact us using the methods in this Policy.

23. Third-Party Websites and Platforms

Program materials may link to:

• Refersion;
• Social-media platforms;
• Payment providers;
• Tax providers;
• Shipping providers;
• First Person retail pages; and
• Other third-party services.

Those third parties operate under their own privacy policies and terms.

First Person is not responsible for the privacy, security or content practices of unaffiliated third parties.

Review the applicable privacy policy before providing personal information to a third party.

24. Affiliate Responsibilities

Affiliates must protect any personal information they receive or process in connection with the Program.

Affiliates may not:

• Access customer information without authorization;
• Attempt to identify customers from limited reporting;
• Sell or disclose customer information;
• Contact customers on First Person’s behalf;
• Add customers to an email or SMS list without lawful consent;
• Combine Program data with unauthorized data;
• Retarget First Person customers without approval;
• Use referral information for unrelated purposes;
• Scrape First Person systems;
• Circumvent access controls; or
• Retain customer information beyond an authorized purpose.

Affiliates are independently responsible for complying with privacy and marketing laws applicable to their own:

• Websites;
• Apps;
• Cookies;
• Email lists;
• SMS programs;
• Analytics;
• Advertising;
• Audience data; and
• Promotional practices.

This Policy does not serve as the Affiliate’s own privacy policy.

25. Changes to This Policy

We may update this Policy to reflect changes in:

• The Program;
• Our technology;
• Refersion’s services;
• Vendors;
• Legal requirements;
• Tracking practices; or
• Business operations.

We will update the “Last Updated” date when we make changes.

When required, we may provide additional notice through:

• Email;
• Refersion;
• The Affiliate portal;
• The registration page; or
• The First Person website.

Your continued participation after an updated Policy becomes effective constitutes acknowledgment of the updated Policy, subject to applicable law.

26. Contact Us

Questions or requests concerning this Policy may be directed to:

[Full legal name of First Person entity]
Attn: Privacy
[Street address]
[City, State ZIP Code]
[Country]

Email: [privacy email address]
Affiliate Program Email: [affiliate-program email address]
Website: [website address]

For questions specifically concerning Refersion’s independent privacy practices, contact Refersion through the methods identified in Refersion’s privacy policy.

AFFILIATE PRIVACY ACKNOWLEDGMENT

By applying to or participating in the First Person Affiliate Program, you acknowledge that:

• You have reviewed this Policy;
• First Person and its providers may process information to administer the Program;
• Referral and transaction information may be used to calculate commissions;
• Refersion may independently process information under its own privacy policy;
• Payment and tax information may be disclosed to payment, tax and compliance providers;
• First Person may monitor publicly available promotional activity for compliance;
• Information may be retained as needed for tax, accounting, fraud-prevention and legal purposes; and
• You may contact First Person to exercise privacy rights available under applicable law.