BROC SHOT AFFILIATE PROGRAM AGREEMENT

This Broc Shot Affiliate Program Agreement (this “Agreement”) is a binding agreement between you (“you” or “Affiliate”) and Broc Shot, Inc. (“Broc Shot,” “we,” “us,” or “Company”), governing your participation in the Broc Shot Affiliate Program (the “Affiliate Program” or “Program”) through the Superfiliate platform (“Superfiliate”). By enrolling in, accessing, or participating in the Affiliate Program — including by creating, publishing, or promoting any content featuring Broc Shot or its products — you agree to be bound by this Agreement. If you do not agree, do not participate in the Affiliate Program.

This Agreement operates separately from, and in addition to, the Superfiliate Terms of Service (https://www.superfiliate.com/legal/brandterms). Superfiliate serves solely as a technology platform that facilitates the Affiliate Program; it is not a party to this Agreement. In the event of any conflict between the Superfiliate Terms of Service and this Agreement with respect to your participation in the Affiliate Program, this Agreement controls as between you and us.

Broc Shot reserves the right, but has no obligation, to review your social media content, Superfiliate microsite, and other public-facing content to confirm alignment with Broc Shot’s brand standards, scientific substantiation requirements, this Agreement, and applicable law.

1. ELIGIBILITY AND ENROLLMENT

To participate in the Affiliate Program, you must enroll through Superfiliate and be approved by Broc Shot. Broc Shot may accept or decline any applicant, and may suspend or revoke any enrollment, in its sole discretion. Your enrollment is personal to you and may not be transferred or assigned. You represent, warrant, and agree, on an ongoing basis, that:

• You are at least eighteen (18) years of age;
• You are a resident of, and will promote Broc Shot products from within, the United States;
• You have the full right, power, and authority to enter into and perform this Agreement;
• The registration and payment information you provide is accurate and complete, and you will keep it current;
• You will maintain a single affiliate account and will keep your account credentials secure; and
• You are not a competitor of Broc Shot and are not enrolling for any purpose competitive with Broc Shot.

1. THE AFFILIATE RELATIONSHIP

You participate in the Affiliate Program as an independent contractor. Nothing in this Agreement creates an employment, agency, partnership, joint venture, or franchise relationship between you and Broc Shot, or between you and Superfiliate. You have no authority to bind Broc Shot or to make any representation, warranty, or commitment on its behalf. The Affiliate Program is non-exclusive: you are free to promote other products, and Broc Shot is free to engage other affiliates and to market through any other channel.

1. LICENSE TO USE BROC SHOT MARKS AND MATERIALS

Subject to your continued compliance with this Agreement, Broc Shot grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license, during the term of your participation, to use the Broc Shot names, logos, and trademarks and the affiliate links, discount codes, images, and other creative and promotional materials that Broc Shot makes available to you through the Affiliate Program (collectively, the “Broc Shot Materials”), solely to promote Broc Shot products in accordance with this Agreement and any brand guidelines, claim guidance, and campaign instructions provided by Broc Shot. You will use the Broc Shot Materials only in the form provided and will not alter them except as expressly authorized. All goodwill arising from your use of the Broc Shot names and trademarks inures solely to the benefit of Broc Shot. You will not (a) use any Broc Shot name, trademark, or confusingly similar term in any business name, domain name, social media handle or username, application name, or paid search or keyword advertising, except as expressly authorized in writing; or (b) register or attempt to register any such name, mark, or domain. Broc Shot may modify or withdraw any Broc Shot Materials at any time, and you will promptly discontinue use of any materials upon request.

1. AFFILIATE OBLIGATIONS

In connection with the Affiliate Program, you agree that you will:

• Conduct yourself professionally and in a manner consistent with Broc Shot’s brand values;
• Comply with all applicable federal, state, local, and foreign laws, rules, and regulations, including the Federal Trade Commission (“FTC”) Act, the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “FTC Endorsement Guides”), the CAN-SPAM Act, and all applicable advertising, marketing, consumer-protection, and data-privacy laws;
• Use only the affiliate links, discount codes, and promotional materials provided through the Affiliate Program;
• Promptly comply with reasonable requests from Broc Shot regarding your participation in the Affiliate Program; and
• You will be solely responsible for reporting and paying all taxes arising from any commissions or other compensation you receive under this Agreement;

1. CONTENT REQUIREMENTS AND RESTRICTIONS

Any content featuring Broc Shot or its products — including social media posts, videos, stories, reels, blogs, livestreams, emails, podcasts, and other media (collectively, “Content”) — must:

• Be truthful and accurate and reflect your genuine experience with the products;
• Use only the claims, messaging, educational materials, and creative assets that Broc Shot has provided or approved in writing, and only substantiated information provided by Broc Shot;
• Comply with all claim guidance, educational materials, brand guidelines, and campaign instructions provided by Broc Shot;
• Not contain any claim or representation about Broc Shot or its products that Broc Shot has not approved in writing;
• Not contain misleading, deceptive, or exaggerated statements;
• Not contain unlawful, defamatory, harassing, discriminatory, obscene, or otherwise inappropriate material; and
• Not infringe or misappropriate any third party’s intellectual property, privacy, publicity, or other rights.

1. REQUIRED DISCLOSURES; FTC COMPLIANCE

Whenever you promote Broc Shot or its products, you must clearly and conspicuously disclose your material connection to Broc Shot in a manner consistent with the FTC Endorsement Guides. Disclosures must be clear, unavoidable, and presented before consumers engage with any affiliate link or discount code, and must not be buried in a caption, hidden behind a “more” link, or placed only among hashtags. Acceptable disclosures include “#ad,” “#sponsored,” or “Paid Partnership,” provided they are prominent and unambiguous in context. You are responsible for ensuring that every piece of Content complies with current FTC guidance, including the FTC’s Disclosures 101 for Social Media Influencers.

1. HEALTH AND MEDICAL CLAIMS

You may not state or imply that Broc Shot or its products diagnose, treat, cure, prevent, mitigate, manage, or replace treatment for any disease, medical condition, or symptom. Prohibited claims include, without limitation, references to:

• Psoriasis;
• Eczema;
• Rosacea;
• Acne;
• Autoimmune conditions;
• Cancer;
• Diabetes;
• Cardiovascular disease;
• Alzheimer’s disease; or
• Any other disease or medical condition;

You may make only structure/function claims and educational statements that Broc Shot has expressly approved in writing. You are responsible for ensuring that all statements about the products are truthful, not misleading, and substantiated, consistent with FTC and U.S. Food and Drug Administration requirements applicable to dietary supplements and similar products.

1. NATIONAL PSORIASIS FOUNDATION SEAL

You may reference the National Psoriasis Foundation Seal of Recognition only using Broc Shot–approved language, and you may not state or imply that the Seal demonstrates that any product treats, prevents, manages, or is approved for psoriasis or any other disease.

1. ARTIFICIAL INTELLIGENCE

You are solely responsible for ensuring that any Content you create or publish, including Content generated or assisted by artificial intelligence, complies with this Agreement, Broc Shot’s claim guidance, and all applicable laws. The use of artificial intelligence does not relieve you of your responsibility to review and verify the accuracy of all Content before publication.

1. PROHIBITED PROMOTIONAL PRACTICES

You will not, directly or indirectly:

• Use bots, click farms, automated scripts, cookie stuffing, forced clicks, or any other artificial, fraudulent, or deceptive method to generate clicks, traffic, conversions, or commissions;
• Purchase Broc Shot products through your own affiliate link or code for your own benefit, or arrange self-referrals or other transactions that are not bona fide arm’s-length sales;
• Bid on, or purchase paid-search or other keyword advertising using, any Broc Shot name, trademark, or confusingly similar term, or direct such advertising to a landing page other than as authorized by Broc Shot;
• Register or use any domain name, subdomain, social media handle, username, or app name that includes any Broc Shot name, trademark, or a confusingly similar or misspelled variation;
• Distribute affiliate links or discount codes through unsolicited email, SMS, or other messaging, through purchased or rented contact lists, or in any manner that violates the CAN-SPAM Act or other anti-spam laws;
• Post Broc Shot discount codes on coupon, deal, or code-aggregation websites or forums, except as expressly authorized by Broc Shot; Broc Shot may from time to time change discount codes to mitigate the publishing of codes
• Make any false, misleading, unsubstantiated, or unauthorized claim about Broc Shot or its products, or misrepresent your relationship with Broc Shot;
• Promote Broc Shot in connection with, or place Broc Shot Materials on or near, any content that is unlawful, sexually explicit, defamatory, harassing, hateful, or otherwise objectionable; or
• Engage in any other activity that Broc Shot reasonably determines to be fraudulent, abusive, deceptive, or harmful to Broc Shot, its brand, or consumers.

1. CONTENT REVIEW, REVISION, AND REMOVAL

Broc Shot may require you to revise, edit, or remove any Content that Broc Shot reasonably determines does not comply with this Agreement, applicable law, regulatory guidance, or Broc Shot’s brand standards. You agree to promptly make the requested changes or remove the Content upon written request (which may be by email).

1. COMMISSIONS AND QUALIFYING PURCHASES

Your commission rates, bonus opportunities, flat fees (if any), eligible products, deliverables, and other commercial terms are set forth in, and may be updated through, your Superfiliate portal (the “Portal”).

You will earn a commission only on a Qualifying Purchase. A “Qualifying Purchase” is a completed, paid, and non-cancelled purchase of eligible Broc Shot products that is properly tracked and attributed to your assigned affiliate link or discount code through Superfiliate, subject to the attribution rules configured in the Portal (which, as of the date of this Agreement, generally apply last-click attribution within a 30-day window, but which Broc Shot may update from time to time through the Portal). Commissions are calculated on the net product price actually paid and exclude taxes, shipping, handling, discounts, credits, and amounts refunded or charged back.

Broc Shot relies on Superfiliate’s tracking to determine attribution, and that tracking is determinative absent manifest error. Broc Shot is not responsible for tracking failures caused by a customer’s browser settings, ad blockers, cookie deletion, use of a different device, or other technical factors beyond Broc Shot’s reasonable control.

Broc Shot may modify commission rates, eligible products, promotions, and qualification requirements on a prospective basis by updating the Portal. Broc Shot may withhold, reverse, or recover commissions arising from fraud, abuse, unauthorized promotional methods, refunded or cancelled purchases, chargebacks, self-purchases, coupon abuse, or any violation of this Agreement.

1. PAYMENT TERMS

Commissions on Qualifying Purchases are calculated and paid through Superfiliate in accordance with the payout schedule, minimum payout threshold, hold period, and payment method set forth in the Portal. Commissions generally become payable only after the applicable return or cancellation window has closed. You are responsible for providing accurate payment and tax information, including a valid IRS Form W-9 or Form W-8, as applicable, and Broc Shot or Superfiliate may withhold payment until that information is provided. Broc Shot or Superfiliate may issue an IRS Form 1099 or other tax document reflecting amounts paid to you. You are solely responsible for all taxes on the compensation you receive.

1. LICENSE TO USE YOUR CONTENT

Organic Usage

By participating in the Affiliate Program, you grant Broc Shot a non-exclusive, worldwide, royalty-free, fully paid-up license to repost, share with credit and tag to your account, and display your Content featuring Broc Shot products across Broc Shot’s owned marketing channels for organic promotional purposes. You retain ownership of your Content. To the extent permitted by applicable law, you irrevocably waive any and all moral rights (including rights of attribution and integrity) you may have in the Content with respect to Broc Shot's exercise of the rights granted in this Section 14.

Paid Advertising

If invited to whitelist with Broc Shot, you may be added to the Broc Shot Creators program where any content you submit and we approve may be run as paid ads on Meta, TikTok and other platforms, in original or edited form. You earn commission on tracked sales those ads generate, at the rates and terms set within the platform. If you affirmatively opt into paid usage rights you additionally grant Broc Shot a non-exclusive, worldwide, royalty-free, fully paid-up license to use, reproduce, edit, crop, caption, create derivative works of, and distribute your Content in paid advertising across digital advertising platforms, including Meta, TikTok, YouTube, Pinterest, Google, display advertising, connected television (CTV), and similar channels. 

1. CONFIDENTIAL INFORMATION

You may receive non-public information from Broc Shot, including campaign information, product-launch details, scientific and substantiation materials, creative briefs, compensation details, and marketing strategies (“Confidential Information”). You will keep Confidential Information confidential, use it only to participate in the Affiliate Program, and not disclose it to any third party without Broc Shot’s prior written consent. This obligation does not apply to information that is or becomes publicly available through no fault of yours. Notwithstanding the foregoing, you may disclose Confidential Information to the extent required by applicable law, regulation, or valid legal process, provided you give Broc Shot reasonable prior written notice where permitted so that Broc Shot may seek a protective order or other appropriate remedy.

1. REPRESENTATIONS AND WARRANTIES

You represent and warrant, on an ongoing basis, that: (a) you have the right, power, and authority to enter into and perform this Agreement; (b) your Content is your own original work, or you have all rights necessary to publish it and to grant the licenses in this Agreement; (c) your Content and your promotional activities do not and will not infringe or violate any third party’s intellectual property, privacy, publicity, or other rights; and (d) you will comply with this Agreement and all applicable laws, including the FTC Endorsement Guides.

1. INDEMNIFICATION

To the fullest extent permitted by law, you will indemnify, defend, and hold harmless Broc Shot and its affiliates, and their respective officers, directors, employees, contractors, and agents, from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to: (a) your Content; (b) your participation in the Affiliate Program; (c) your breach of this Agreement; (d) your violation of any applicable law; or (e) any claim that your Content or promotional activities infringe or violate the rights of any third party.

1. DISCLAIMER OF WARRANTIES

The Affiliate Program is provided “as is” and “as available.” To the fullest extent permitted by law, Broc Shot disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Broc Shot makes no guarantee regarding commissions, sales, traffic, program availability, or any level of affiliate earnings.

1. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Broc Shot will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits or revenues, arising out of or relating to the Affiliate Program or this Agreement, even if advised of the possibility of such damages. Broc Shot’s total aggregate liability arising out of or relating to the Affiliate Program or this Agreement will not exceed the total commissions paid to you by Broc Shot during the twelve (12) months immediately preceding the event giving rise to the claim.

1. TERM, SUSPENSION, AND TERMINATION

This Agreement applies for as long as you participate in the Affiliate Program. Broc Shot may suspend or terminate your participation, or the Affiliate Program itself, at any time, with or without cause, upon written notice to you (which may be by email). You may withdraw from the Affiliate Program at any time. In addition, Broc Shot may terminate this Agreement immediately upon written notice if you: (i) commit, or are alleged to have committed, any criminal act or other act involving moral turpitude, illegal drug use, or felonious activity; (ii) commit any act, or become involved in any situation or occurrence, that brings you into public disrepute, contempt, scandal, or ridicule, or that reflects unfavorably upon Broc Shot or reduces the commercial value of Broc Shot's association with you; or (iii) information becomes public about your having, in the past, engaged in conduct described in clause (i) or (ii). Upon termination or suspension: (a) you must immediately cease representing yourself as a Broc Shot affiliate and cease using the Broc Shot Materials; (b) you must remove Content if requested by Broc Shot; and (c) only commissions earned on Qualifying Purchases before termination will be paid, subject to Section 12; provided, however, that Broc Shot may withhold unpaid commissions if termination results from your breach of this Agreement or from conduct described in clauses (i) through (iii) above. The following provisions survive termination or expiration of this Agreement: Sections 14 (License to Use Your Content), 15 (Confidential Information), 16 (Representations and Warranties), 17 (Indemnification), 18 (Disclaimer of Warranties), 19 (Limitation of Liability), 22 (Governing Law; Dispute Resolution), and 23 (General Provisions).

1. CHANGES TO THE PROGRAM AND THESE TERMS

Broc Shot may modify the Affiliate Program or this Agreement at any time. Broc Shot will provide at least thirty (30) days' advance notice of any material changes, which may be communicated through the Portal, by email, or by updating the date below. The date these Terms were last updated appears below. Your continued participation in the Affiliate Program after the effective date of any updated Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you may withdraw from the Affiliate Program before the effective date of the changes without forfeiting any commissions earned on Qualifying Purchases prior to your withdrawal.

1. GOVERNING LAW; DISPUTE RESOLUTION

This Agreement, and any dispute or claim arising out of or relating to it or the Affiliate Program (including non-contractual disputes or claims), is governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict-of-laws principles that would result in the application of the laws of another jurisdiction.

Any dispute, claim, or controversy arising out of or relating to this Agreement or the Affiliate Program, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, before a single arbitrator, in Los Angeles, California. This agreement to arbitrate is governed by the Federal Arbitration Act, including its procedural provisions, in all respects. The arbitrator shall have the authority to award any relief that a court of competent jurisdiction could award, including injunctive or other equitable relief. Judgment on the arbitration award may be entered in any court having jurisdiction. Each party shall bear its own costs and attorneys' fees in connection with the arbitration, unless the arbitrator determines that a claim or defense was frivolous, in which case the arbitrator may award reasonable attorneys' fees to the prevailing party. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or Confidential Information.

CLASS-ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BROC SHOT EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND IN ANY FORUM. ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BROC SHOT EACH IRREVOCABLY AND UNCONDITIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE AFFILIATE PROGRAM.

1. GENERAL PROVISIONS

You may not assign or transfer this Agreement or your Affiliate Program participation, by operation of law or otherwise, without Broc Shot’s prior written consent, and any attempted assignment in violation of this Section is void; Broc Shot may freely assign this Agreement. This Agreement, together with the Broc Shot Terms of Use and the Portal terms referenced or incorporated herein, constitutes the entire agreement between you and Broc Shot regarding the Affiliate Program and supersedes all prior or contemporaneous understandings on that subject; provided that the Superfiliate Terms of Service continue to govern your use of the Superfiliate platform as set forth in Section 1 of this Agreement. In the event of any conflict between this Agreement and the Broc Shot Terms of Use or the Portal terms, this Agreement controls with respect to the Affiliate Program. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be enforced to the maximum extent permitted. Broc Shot’s failure to enforce any provision is not a waiver of its right to do so later. Notices to you may be sent to the email associated with your account; notices to Broc Shot must be sent to the contact address below. Section headings are for convenience only. You agree that enrolling in and participating in the Affiliate Program electronically constitutes your acceptance of this Agreement.

1. CONTACT

Questions regarding the Affiliate Program may be directed to partners@brocshot.com. Legal notices to Broc Shot must be sent to: Broc Shot, Inc., 1001 Wilshire Blvd, Suite 2033, Los Angeles, CA 90017.

Last updated: July 23, 2026