Marketing Affiliate Terms and Conditions

As an authorized affiliate (and “Affiliate”) of J.R. Carlson Laboratories, Inc. (“Carlson”), you (“you” or the “Affiliate”) agree to abide by the terms and conditions contained below (the “Terms” or “Agreement”). Please read the entire Agreement carefully before applying for and promoting the Carlson brand as an Affiliate.

Your participation in the Carlson Affiliate Program (the “Program”) is solely to promote the Carlson website and products. Pursuant to these Terms, you will receive a commission on products purchased by individuals on carlsonlabs.com through your website(s), social media page(s), or personal referrals.

By signing up for the Program, you indicate your acceptance of this Agreement and its terms and conditions.

1.  Approval or Rejection of Application.
By submitting your information to Carlson, you are submitting your application to become an Affiliate. Carlson reserves the right to accept or reject your application in its sole and absolute discretion. Carlson will notify you of your acceptance into the Program within 10 business days of you submitting an application. If you do not hear from Carlson within 15 business days, your application is considered rejected. You may reapply to the Program no sooner than 90 days after submitting your initial application.

2.  Payment.
Affiliates will be paid a commission based on sales Carlson receives from Affiliate’s unique coupon code or via an affiliate link, which will be provided to Affiliate upon  acceptance of Affiliate into the Program by Carlson. You will only be eligible for a commission payment for any sales transaction on carlsonlabs.com that derives from the affiliate link or coupon code that Carlson assigns to you. Affiliates will receive a percentage commission based on the total value of each sale transaction, in accordance with the number of sales in any respective month, as follows:

0-10 sales transactions in a 30-day period – 8%

11-50 sales transactions in a 30-day period – 10%

51+ sales transactions in a 30-day period – 12%

Affiliates will not receive a commission on their own purchases. Transactions that result in charge backs, returns, or refunds, pursuant to Carlson policies, will not be paid out. The attribution window for a sale to be eligible for a commission is 30 days.

Commissions will be paid monthly through Refersion. In order to receive payment, you must have (i) completed all steps necessary to create your account with Refersion; (ii) have a valid and up-to-date payment method in Refersion; and (iii) have completed any and all required tax documentation in order for Refersion to process payments that may be owed to you.

3.  Term and Termination.
Your status as an Affiliate in the Program is for no definite period of time and may be terminated by Carlson at any time, without recourse or liability, for any reason, including if you breach these Terms, if you engage in inappropriate advertisements or conduct (at the discretion of Carlson), if you promote on sites containing or promoting illegal or illicit activities, if you fail to disclose the affiliate partnership for any promotion that qualifies as an endorsement under the Federal Trade Commission (“FTC”) guidelines and regulations or any applicable state laws, or if you damage or harm the Carlson brand and/or mission. Likewise, you may terminate your participation in the Program at any time upon written notice to Carlson. Carlson may amend these terms or terminate the Program at any time.

4.  Affiliate Obligations.
As part of the Program, Carlson will offer unique coupon codes or affiliate links to select Affiliates. If you are not pre-approved by Carlson and assigned a coupon code or given an affiliate link, you are not allowed to promote the coupon code or link. You may use the coupon code or affiliate link on your website, blog, social media profile, or through personal referrals.

If you are assigned a coupon code or link, you shall not:

a.  Make false, misleading, or unverified claims about Carlson products;

b.  Use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals are offered by you;

c.  Bid on Carlson coupon codes or affiliate links with other Affiliates;

d.  Generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies;

e.  Utilize on your website a “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie;

f.  Utilize a coupon or deal site (such as retailmenot.com) to market Carlson products;

g.  Utilize a paid ad channel (such as Google ads or Facebook ads) to promote the coupon code or affiliate link;

h.  Engage in any conduct which would enable diversions of commissions from other affiliates in the Program;

i.  Engage in any illegal, inappropriate, or defamatory behavior in order to promote the coupon code or affiliate link.

Affiliates may utilize email marketing to promoted Carlson products, however, in doing so Affiliates shall always comply with the CAN-SPAM Act of 2003. Further, Affiliate shall ensure that all posts and references to Carlson products abide by the Dietary Supplement and Health Education Act of 1994 (“DSHEA”). Affiliates shall not imply that Carlson products can be used to treat, prevent, cure, or mitigate any disease. By agreeing to these Terms, Affiliate acknowledges familiarity with DSHEA and its requirements. Further, Affiliate shall disclose the affiliate partnership for any promotion that qualifies as an endorsement under FTC guidelines.

5.  Affiliate Links. Affiliate may only use the graphics and links provided by Carlson and shall at all times adhere to Carlson brand guidelines. Carlson hereby grants Affiliate a limited license to publish the Carlson brand and trademarks (including logos) to the extent necessary to fulfill Affiliate’s obligations hereunder. 

6.  Social Media and Blog Posts. It is Affiliate’s sole responsibility to ensure that all social media and blog posts, as necessary, include FTC compliant disclosures. Further, Affiliate represents, warrants, and covenants that all content in the posts will be the
original work and creation of Affiliate and will not infringe the rights (including without limitation, any intellectual property rights) of any third party. Affiliate agrees not to post any images or written content that are otherwise unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, degrading, or misleading.

7.  Exclusivity.
Affiliate will not promote any product competitive with Carlson products during the term of this Agreement.

8.  Confidentiality.
“Confidential Information” means any information that Affiliate has access to or receives from Carlson, including but not limited to marketing information and business processes. Affiliate shall use reasonable efforts to prevent the disclosure of Confidential Information to third parties (except employees, agents, and advisors of Affiliate who have a bona fide need to know said Confidential Information), provided that Affiliate’s obligation shall not apply to information that: (i) is or later becomes part of the public domain through no fault of Affiliate; (ii) is independently developed by Affiliate; or (iii) is required by law or regulation to be disclosed. Affiliate will, at the request of Carlson, immediately destroy any originals and copies, including those in electronic form, of any or all Confidential Information provided by Carlson and verify in writing that the material has been destroyed. This section shall
survive termination of Affiliate’s status in the Program.

9.  Liability.
Carlson will not be liable to Affiliate due to order tracking failures outside of Carlson control and/or attempts by any third party to harm or hack into the Carlson website.

10.  Indemnification.
Affiliate agrees to defend and indemnify Carlson, its officers, directors, employees, agents, representatives and successors, from and against all claims, demands, liabilities, loss, damages, and expenses (including reasonable attorneys’ fees and court costs) resulting directly or indirectly from any breach by Affiliate of any obligation under these Terms, from any of Affiliate’s content on Affiliate’s webpage or social media account pages, from any violation by Affiliate of applicable law or regulation (including FTC guidelines), or from any act, omission, or misrepresentation of Affiliate or its employees, agents or representatives. This section shall survive termination of Affiliate’s status in the Program. Further, Carlson shall not be liable for, and Affiliate shall indemnify Carlson for any costs or expenses resulting from, any inappropriate or illegal content contained on Affiliate’s website, webpage, or social media account page.

11.  Miscellaneous

a.  Shipping Restrictions: Affiliate understands and acknowledges that Carlson currently only ships its products within the United
States and Canada.

b.  Carlson Policies: You agree, at all times while you are an Affiliate with the Program, to abide by Carlson policies as amended and adopted from time to time.

c.  Independent Contractor Relationship: The relationship of Carlson to Affiliate is an independent contractor, and not an employee, agent, representative, joint venture, sponsor, or franchisee. Neither party shall act as agent of the other nor hold itself as having any power or authority to bind the other party in any manner, unless specifically authorized to do so in writing. Affiliate shall be responsible for any taxes levied upon Affiliate as a result of Affiliate’s participation in the Program.

d.  Assignment: Neither party may assign these terms without the written consent of the other party.

e.  Entire Agreement: The provisions of these terms constitute the entire agreement among the parties with respect to the subject matter hereof and shall supersede all prior understandings regarding such subject matter.

f.  Severability: If any provision of these terms is determined by a court of competent jurisdiction to be unenforceable, that provision shall be deemed severable and these terms may be enforced with that provision severed or as modified by the court.

g.  Applicable Law: The Circuit Court of Cook County, Illinois or the Northern District Court of Illinois, Eastern Division will have exclusive jurisdiction over disputes concerning these terms, including any enforcement proceedings. The parties agree to the personal jurisdiction of those two courts. These terms will be construed under and be governed by the laws of the State of Illinois without giving effect to the conflict-of-law provisions.

Privacy Policy

Carlson Laboratories, Inc. and its affiliates (“CARLSON,” “we,” “us,” or “our”) are committed to protecting the privacy of all individuals who utilize the CARLSON site or order CARLSON products. CARLSON is the data controller of the personal data collected, and is responsible for the processing of your personal data. This Privacy Policy is intended to inform you of our policies and practices regarding our collection, use, and disclosure of the information you submit to us and that we collect from you through the www.carlsonlabs.com website and any other site controlled by CARLSON (collectively referred to as the “Website”). This Privacy Policy does not govern information you might provide through a channel other than this Website. This Privacy Policy applies to all visitors to the Website.

It is important that you read this Privacy Policy together with any other notice CARLSON may provide when we are collecting or processing your personal data so that you are fully aware of how and why we are using your data. This Privacy Policy supplements other notices and is not intended to override them. In the event of a conflict between this Privacy Policy and another notice which applies to a specific circumstance or customer order (i.e., an online ordering system), the latter shall prevail over this Privacy Policy to the extent of the conflict.

Please review the following to understand how we at CARLSON process and safeguard personal data about you. By using the CARLSON website or otherwise contacting or ordering products from CARLSON, and/or by voluntarily providing personal data to CARLSON, you acknowledge that you have read and understand the practices contained in this Privacy Policy. This Policy may be revised from time to time, so please ensure that you check this page periodically to remain fully informed.

Email: CARLSON only sends emails to users of our Website who sign up for the CARLSON mailing lists or who agree to receive future communications from us. Every email you will receive from CARLSON will contain clear information on how to unsubscribe from future communications. If you sign up for communications from CARLSON but then wish to unsubscribe, follow the unsubscribe instructions in the email you receive. Upon receipt of any unsubscribe request, CARLSON will cease our communication with you until and unless you re-subscribe for one of our mailing lists.

Telephone: CARLSON may also contact you by phone where you provide your phone number, in connection with the request, comment, or inquiry you submit via the Website. If you do not wish to be contacted by phone, please indicate that to the individual who is calling you on our behalf, and CARLSON will remove your phone number from the CARLSON contact list.

The major browsers have attempted to implement the draft “Do Not Track” (“DNT”) standard of the World Wide Web Consortium (“W3C”) in their latest releases. As this standard has not been finalized, the CARLSON Website is not compatible with DNT and does not recognize DNT settings.

You have choices about certain information CARLSON collects. When you are asked to provide information, you may decline to do so; but if you choose not to provide information that is necessary for us to collect to complete your order or respond to your request, we may not be able to complete your order or respond to your request.

No method of safeguarding information is completely secure. While CARLSON uses measures designed to protect personal data, CARLSON cannot guarantee that any safeguards will be effective or sufficient. Internet data transmission is not always secure, and CARLSON cannot warrant that information you transmit to us through the Internet is or will be secure.

You have a variety of legal rights regarding the collection and processing of personal data. You may exercise these rights, to the extent they apply to you, by contacting CARLSON using the information provided below. Please be prepared to provide reasonable information to authenticate your requests.

Accessing, Modifying, Rectifying, and Correcting Collected Personal Data.  CARLSON strives to maintain the accuracy of any personal data collected from you, and will use commercially reasonable efforts to respond promptly to update the CARLSON database when you tell us the information in our database is not accurate. However, we must rely upon you to ensure that the information you provide to us is complete, accurate, and up-to-date, and to inform us of any changes. Please review all of your information carefully before submitting it to us, and please notify us as soon as possible of any updates or corrections.

In accordance with applicable law, you may obtain from us certain personal data that we process about you. If you wish to access, review, or make any changes to personal data you have provided to us through our website or related services, you may do so at any time by contacting us as provided below. Please note, however, that we reserve the right to deny access as permitted or required by applicable law.

Carlson Laboratories, Inc.
Attention: Data Privacy
600 W University Drive
Arlington Heights, IL 60004

Phone: 847.255.1600