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Affiliate Terms

Effective date: The date your application is approved as a Data Peptides Affiliate.

Operator: Data Peptides (“Data Peptides”, “we”, “us”, “our”)

Website: datapeptides.com

Jurisdiction: Delaware, United States of America

Product classification: Research Use Only (“RUO”). Not for human or animal consumption.

Agreement

This is a binding agreement between Data Peptides and you (the “Affiliate”) governing your participation in the Data Peptides Affiliate Program (the “Program”). By accepting these Terms you agree to be bound by them.

Definitions

“Affiliate Account”: your account on our affiliate platform.

“Affiliate Channel”: any digital property you operate where you promote Data Peptides.

“Approved Asset Pack”: the brand and creative assets we provide via the Affiliate Account.

“Confidential Information”: non-public information shared with you by Data Peptides, including commission tiers, traffic data, supplier identities, and unannounced product information.

“Content”: any post, video, story, reel, livestream, blog, email, podcast, comment, message, or other communication you publish that references Data Peptides, our products, our brand, or links to our website.

“Material Connection”: any commercial relationship, payment, free product, discount, gifting, or other consideration of value you receive from Data Peptides.

“RUO”: Research Use Only. Products are sold for in-vitro research and are not for human or animal consumption.

“FDA”: the United States Food and Drug Administration.

“FTC”: the United States Federal Trade Commission.

“FDCA”: the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq.

Eligibility

To participate you must:

(a) be at least 18 and able to enter a binding contract in your state or country of residence; (b) operate at least one Affiliate Channel with at least 10,000 real, organic followers or subscribers; (c) not be an employee, contractor, or immediate family member of an employee or contractor of Data Peptides; (d) not hold yourself out as a regulated healthcare professional in connection with our products (see clause 6.6); and (e) not be subject to any current FDA, FTC, state attorney general, TGA, ACCC, MHRA, or comparable regulator enforcement action.

We may decline or terminate any application or account in our sole discretion.

Acceptance, Account & Term

4.1 You accept these Terms by ticking the “I agree” box during application or by using your unique referral code or link, whichever occurs first.

4.2 You are responsible for the accuracy of your Affiliate Account information, the security of your login credentials, and all activity occurring under your account.

4.3 This agreement commences on acceptance and continues until terminated under clause 18. Either party may terminate without cause on fourteen (14) days’ written notice. Data Peptides may terminate immediately for cause as set out in clause 18.2.

4.4 You are an independent contractor. Nothing in these Terms creates an employment, agency, partnership, joint venture, or franchise relationship. You are solely responsible for all federal, state, and local taxes on your commissions, and you agree to provide a completed IRS Form W-9 (or W-8BEN for non-US persons) before any payout is issued.

Commission

5.1 Commercial terms. Your commercial terms are as set out in your individual Affiliate Program offer (your “Affiliate Deal”). All commissions are calculated net of sales tax, shipping, returns, refunds, and chargebacks.

5.2 Bonuses. We may offer tier uplifts, performance bonuses, and product gifting at our discretion, communicated through your Affiliate Account.

5.3 Tracking. Use only the unique referral link and discount code issued through your Affiliate Account. Do not share, sub-license, or post your code to coupon-aggregator sites, browser extensions, or deal-stacking forums. Sales generated through unauthorized distribution are not commissionable and may trigger termination.

5.4 Pricing. We set product pricing. You must not offer or imply any discount, refund, free gift, or other inducement that we have not authorized in writing.

Content Rules

These are the only hard rules. Within them, create freely.

6.1 Present products as research compounds. Data Peptides products are sold as RUO research compounds.

6.2 Hard prohibitions. You must not, in any Content:

(a) instruct, demonstrate, or describe how a person should reconstitute, dose, inject, or administer the products; (b) compare the products to, or imply equivalence with, any branded prescription medicine (including Ozempic®, Wegovy®, Mounjaro®, Zepbound®, Saxenda®, or any other GLP-1 receptor agonist or FDA-approved drug); (c) claim or imply that the products diagnose, treat, cure, prevent, or alleviate any disease, condition, or symptom (each such claim would render the product an unapproved new drug under 21 U.S.C. § 355); (d) target audiences in Australia, the United Kingdom, the European Union, Canada, New Zealand, or any other jurisdiction where we do not lawfully supply; or (e) direct Content to anyone under 18 years of age.

6.3 Mandatory inclusions.

In every Content piece referencing our products, you must include either:

(a) the Material Connection disclosure (Appendix A.2) within the caption, the start of the video, or the top of the email (placed clearly and conspicuously, consistent with the FTC Endorsement Guides, 16 C.F.R. Part 255); or

(b) the RUO disclaimer (Appendix A.1), within the caption or audible voiceover, in the same medium as the product reference.

6.4 No fakery. No fake testimonials, fabricated lab results, AI-generated likenesses presented as real users, doctored before/afters, or claimed endorsements you do not have in writing. Note that the FTC’s Rule on Use of Consumer Reviews and Testimonials (16 C.F.R. Part 465) prohibits fake or AI-generated reviews and may impose civil penalties per violation.

6.5 Healthcare professionals. If you are a state-licensed or board-certified healthcare practitioner (MD, DO, NP, RN, PA, PharmD, RD, ND, or similar), you must not use any regulated title (Dr., MD, RN, NP, etc.) in Content promoting Data Peptides, must not give clinical advice in connection with our products, and must not promote our products to your patients. Use of a regulated title in connection with our products is an immediate-termination breach (clause 14.3).

Prohibited Promotional Activities

In addition to clause 6, you must not:

(a) bid on our brand keywords: Data Peptides brand names, misspellings, product names, or our domain in any paid-search platform; (b) run paid media for our products (paid social, programmatic display, native, sponsored placements, TikTok Spark Ads, Meta whitelisting, YouTube TrueView, or comparable amplification) without our prior written approval for the specific campaign; (c) spam: send unsolicited email, SMS, push notifications, or DMs in breach of the CAN-SPAM Act of 2003 (15 U.S.C. § 7701 et seq.), the Telephone Consumer Protection Act (47 U.S.C. § 227), or comparable state laws, or post in groups, forums, or comment sections in violation of those communities’ rules; (d) misuse our trademarks: register or use any domain, social handle, or trademark containing “Data Peptides” or any confusingly similar variant, or otherwise imitate our brand identity; (e) resell our products, repackage them, or facilitate any onward sale; or (f) manipulate traffic with bot, fake-engagement, view-bot, or click-fraud services on Content that mentions Data Peptides.

Regulatory Acknowledgement

You acknowledge that, in respect of Content directed at or accessible by a US audience, you must comply with the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq., including the prohibitions on the introduction of unapproved new drugs and misbranded articles at §§ 331, 352, and 355), Section 5 of the FTC Act (15 U.S.C. § 45) and the FTC Endorsement Guides (16 C.F.R. Part 255), the FTC’s Rule on Use of Consumer Reviews and Testimonials (16 C.F.R. Part 465), the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act, applicable state consumer-protection statutes (including New York General Business Law §§ 349–350 and the California Consumers Legal Remedies Act), the California Consumer Privacy Act / California Privacy Rights Act and other state comprehensive privacy laws (e.g., VCDPA, CPA, CTDPA, UCPA, TDPSA), and any state medical-board or professional-licensure advertising rules that apply to you.

For audiences outside the United States, you are responsible for compliance with applicable local laws (including the Therapeutic Goods Act 1989 (Cth) and AANA Code in Australia, CAP Code Section 12 in the UK, the EU Unfair Commercial Practices Directive, and equivalent regimes elsewhere). Where you are unsure, add the disclaimers, remove any therapeutic implication, and seek our written guidance before posting.

Trademark and Brand Assets

9.1 Limited license. We grant you a non-exclusive, non-transferable, royalty-free license to use the name “Data Peptides”, our logos, product images, and other items in the Approved Asset Pack solely for the purposes of, and during the term of, this agreement. You must not use any brand asset that is not in the Approved Asset Pack.

9.2 Reservation of rights. All rights not expressly granted are reserved. You must not register or attempt to register any trademark, domain, or social handle incorporating our marks or any confusingly similar variant.

9.3 Content license to us. You grant Data Peptides a worldwide, non-exclusive, royalty-free, perpetual, sublicensable license to repost, repurpose, archive, and use Content you publish that references our products on our owned channels (website, email, organic social). Use of your Content in our paid advertising is conditional on payment of a separately agreed amplification fee. You waive any applicable moral rights to the extent permitted by law.

Approved Channels

10.1 Approved. Instagram, TikTok, YouTube, X, Threads, Facebook, blogs, podcasts, email newsletters, Discord (organic only), Substack, and your own website.

10.2 Restricted. Any other channel — including paid search, programmatic ad networks, sponsored newsletter swaps, and creator-network paid amplification — requires our prior written approval.

10.3 Off-limits. Coupon-aggregator websites, browser extensions, deal forums, adult-content platforms, and any platform whose rules prohibit research-chemicals or therapeutic-claim Content.

Privacy and Data

11.1 You must not collect, store, scrape, sell, or transfer personal information about Data Peptides customers obtained through your participation in the Program.

11.2 Where you collect personal information from your audience, you must comply with the CAN-SPAM Act, the TCPA, the CCPA/CPRA and other applicable US state privacy laws (including the VCDPA, CPA, CTDPA, UCPA, and TDPSA), the Children’s Online Privacy Protection Act (COPPA) where applicable, and any other privacy or data-protection law (including GDPR and UK GDPR where you address audiences in those jurisdictions), and your platform’s terms.

11.3 Do not transfer your audience’s personal information to Data Peptides without an express data-sharing agreement and a lawful basis.

Confidentiality

You will keep Confidential Information confidential, use it solely to perform under this agreement, and not disclose it to anyone other than your professional advisers under equivalent obligations. This obligation survives termination for three (3) years (and indefinitely for trade secrets, consistent with the Defend Trade Secrets Act of 2016, 18 U.S.C. § 1836 et seq.). You may disclose where required by law, subpoena, or regulator request, with prompt notice to us where lawful, and you retain whistleblower immunity under 18 U.S.C. § 1833(b).

Audit and Monitoring

We monitor Affiliate Content via direct review, social listening, and tip-offs. You consent to this monitoring. We may at any time require you to remove or amend Content within 24 hours of notice if, in our reasonable view, it breaches these Terms. Failure to comply within 24 hours is itself a breach.

Compliance Strikes

14.1 Strike 1: first confirmed breach. Written warning, takedown within 24 hours, commission for the offending period reviewed and potentially reversed, 30-day probation.

14.2 Strike 2: second confirmed breach within 12 months of Strike 1. All commissions for the prior calendar month forfeited; 60-day suspension; written undertaking required as a condition of re-entry.

14.3 Strike 3 or egregious breach: immediate termination, all unpaid commissions forfeited, mandatory takedown, full reservation of rights including under clause 15. The following are egregious breaches permitting immediate termination without prior strikes:

(a) human-use dosing instructions or brand-name medicine comparisons (clauses 6.2(a)–(b)); (b) paid advertising without our written approval; (c) targeting audiences in restricted jurisdictions; (d) use of a regulated healthcare title in breach of clause 6.5; (e) fraud, fake testimonials, or AI-generated impersonation; (f) breach of confidentiality; or (g) conduct that, in our reasonable view, materially damages our brand or exposes us to regulator enforcement.

Indemnification

To the maximum extent permitted by law, you indemnify, defend, and hold harmless Data Peptides, its officers, directors, employees, and contractors from and against all claims, demands, suits, losses, damages, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:

(a) your breach of these Terms; (b) any Content you publish that references Data Peptides; (c) any third-party claim that your Content infringes intellectual property, defames, or invades privacy; (d) any FDA, FTC, state attorney general, or other regulator enforcement action arising in whole or material part from your Content; or (e) any pharmaceutical-company or consumer-harm claim (including any private right of action under state UDAP statutes or class-action claim) arising in whole or material part from your Content.

We control the defense and any settlement of an indemnified claim, but will not settle in a way that imposes a non-monetary obligation on you without your prior written consent (not unreasonably withheld). This clause survives termination.

Limitation of Liability

To the maximum extent permitted by law: (a) our total aggregate liability is capped at the commissions actually paid to you in the six (6) months preceding the event giving rise to the claim; (b) we are not liable for indirect, consequential, special, incidental, exemplary, or punitive damages, including lost profits, lost revenue, or loss of goodwill, even if advised of the possibility; and (c) nothing in these Terms excludes or limits liability that cannot lawfully be excluded under applicable federal or state law (including liability for gross negligence, willful misconduct, or fraud).

Changes

We may amend these Terms or change the Program. Material changes will be notified through your Affiliate Account or registered email at least fourteen (14) days before they take effect; continued participation constitutes acceptance. Changes necessary to comply with regulator guidance, platform rules, or payment-processor requirements may take effect immediately on notice.

Termination

18.1 Either party may terminate on 14 days’ written notice.

18.2 Data Peptides may terminate immediately by written notice if you commit any egregious breach in clause 14.3, commit any other material breach you fail to cure within 7 days of notice, become insolvent or file for bankruptcy under Title 11 of the United States Code, use the Program for any illegal purpose, or bring Data Peptides into material reputational, regulatory, or legal jeopardy.

18.3 On termination you must immediately cease using all Asset Pack materials, our marks, and your unique referral code/link, and within 5 business days take down or amend Content where reasonably required by us. Unpaid commissions are payable on the next scheduled payout cycle, except that they are forfeited where termination is for cause under clause 18.2. Clauses 9.3, 11, 12, 15, 16, and 19 survive.

General

19.1 Force majeure. Neither party is liable for failure or delay caused by an event outside its reasonable control, provided the affected party gives prompt notice and uses reasonable efforts to mitigate.

19.2 Notices. Notices must be in writing and sent by email: to the address in your Affiliate Account or to [email protected]. Termination and indemnification notices must additionally be sent by USPS certified mail (return receipt requested) or nationally recognized overnight courier to the address on record.

19.3 Governing law. These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, and, where applicable, the federal laws of the United States.

19.4 Disputes; Arbitration; Class-Action Waiver. Before commencing any formal proceeding, the parties will attempt in good faith to resolve any dispute by written notice followed by senior-representative negotiation within 10 business days. Failing resolution, any dispute, claim, or controversy arising out of or relating to these Terms or the Program shall be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, seated in Wilmington, Delaware, before a single arbitrator, with judgment on the award entered in any court of competent jurisdiction. Each party waives any right to a jury trial and to participate in any class, collective, or representative proceeding. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual property or confidential information pending arbitration. If the class-action waiver is held unenforceable as to any claim, that claim shall be severed and litigated in the state or federal courts located in New Castle County, Delaware, to which both parties consent to personal jurisdiction and venue.

19.5 Other. These Terms (with the Asset Pack and any campaign briefs) are the entire agreement and supersede all prior arrangements. Severability, no-waiver-unless-in-writing, and counterparts/electronic signature (consistent with the federal E-SIGN Act, 15 U.S.C. § 7001 et seq., and the Uniform Electronic Transactions Act as adopted in Delaware) all apply. You may not assign or sub-license these Terms; we may assign on written notice in connection with a corporate restructure, sale, or financing.

Acknowledgement

By accepting these Terms in the Affiliate portal you confirm that you have read and understand the document (including the Appendix), that breach of clause 6 or clause 7 may lead to immediate termination, commission forfeiture, and indemnification under clause 15, that Data Peptides products are sold for research use only and are not approved by the FDA, that the products are not intended to diagnose, treat, cure, or prevent any disease, and that you accept these Terms on your own behalf and (where applicable) on behalf of any entity through which you operate.

Appendix A: Disclaimers

A.1 RUO Disclaimer

Can be pasted in a caption, or said audibly:

“Data Peptides products are sold for research use only (RUO). Not for human or animal consumption. These statements have not been evaluated by the FDA. This product is not intended to diagnose, treat, cure, or prevent any disease.”

A.2 Material Connection Disclosure

Place within the caption, the video, or the first line of email. Disclosure must be clear and conspicuous consistent with the FTC Endorsement Guides (16 C.F.R. Part 255).

Audience country

Required wording

United States

“#ad — paid partnership with Data Peptides (datapeptides.com)” placed at the start of the caption, in spoken audio within the first 5 seconds of video, or on the first line of an email

A.3 Approved Medical Redirect

If a viewer asks a medical or weight-loss question, reply with this or words to the same effect:

“I can’t give medical advice. For weight-management options approved as medicines, please speak with your physician or a licensed telehealth provider. Data Peptides products are sold for research use only and are not medicines, and have not been evaluated by the FDA.”