Spring Video Bonus Challenge (“Challenge”) Official Terms and Conditions

March 10, 2025  – April 10, 2025 – Video Upload Period (“VUP”)

April 1, 2025 – June 1, 2025 – Revenue Generation Period (“RGP”)

THE FOLLOWING SALES INCENTIVE PROGRAM (“PROGRAM”) IS VALID IN THE 50 UNITED STATES AND D.C. ONLY. YOU MUST BE A TIKTOK SHOP AFFILIATE OF O POSITIV WHO IS AGE 18 OR OLDER TO BE ELIGIBLE TO PARTICIPATE AND RECEIVE AWARDS. VOID WHERE RESTRICTED OR PROHIBITED BY LAW. 

THIS IS A TRADE PROMOTION AND IS NOT OPEN TO THE GENERAL PUBLIC

THIS PROGRAM IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH TIKTOK INC. OR ANY OF ITS AFFILIATES (“TIKTOK”)

3/4/25

INTRODUCTION. 

These Spring Video Bonus Challenge Official Terms and Conditions (the “Challenge Terms”), updated and effective as of the date listed above, along with O Positiv Inc.’s (“O Positiv”, “we”, “us”, or “our”  O Positiv) Affiliate Terms and Conditions, Affiliate Marketing Guidelines, Terms of Service and Privacy Policy (may be collectively referred to as “Governing Documents”), which are incorporated herein and made a part of these Challenge Terms by reference, apply to and govern your (“you”, “your”) participation in the Challenge.  Please read these Challenge Terms, as they supplement the Governing Documents and form a binding agreement between you and O Positiv and affect your legal rights, responsibilities, and obligations. NOTE: Capitalized terms used herein without definition will have the same meaning given to them as in the Governing Documents.

To the extent that any part of these Challenge Terms conflicts with any of our Governing Documents in connection with the Program, these Challenge Terms shall control. 

Your compliance with these Challenge Terms is a material condition of your participating in the Program and O Positiv’s obligations to provide you with the Awards (defined below) as outlined herein. By participating in the Program, you consent to be bound by these Challenge Terms, as may be amended from time to time, and the decisions of O Positiv, which are final and binding in all respects. 

ELIGIBILITY.

To participate in the Program, you must be a current O Positiv affiliate promoter, endorser, or marketer (each an “Affiliate”) of our goods and services (collectively, “Products”) via the TikTok Shop platform.

For clarity, this means you must also be: (i) a legal resident of the fifty (50) United States or District of Columbia; (ii) at least eighteen (18) years of age; and (iii) an eligible and approved TikTok Shop Creator in accordance with TikTok’s applicable policies, including without limitation the TikTok Shop Creator Eligibility Policy, which covers the requirements TikTok users must meet to qualify for TikTok Shop Creator e-commerce permissions. 

You also must be explicitly approved by O Positiv to be eligible for the Challenge. You may not participate in the Challenge unless specifically and explicitly approved by O Positiv to enter the Challenge prior to participating.

You understand and agree that you are ineligible and strictly prohibited from participating in the Program if (i) you do not meet all of the foregoing Eligibility criteria; (ii) your participation would violate any legal obligation you owe to a third party or other applicable law; (iii) you fail to adhere to or comply with these Challenge Terms or any part thereof; and/or (iv) you are not specifically approved of by O Positiv to participate in the Challenge prior to starting the Challenge.

PROGRAM PERIOD

The VUP shall continue from March 10, 2025 until April 10, 2025, and the RGP shall continue from April 1, 2025 until June 1, 2025 (collectively, the “Program Period”).  

Awards will be determined by O Positiv following the Program Period, based on the criteria outlined in these Challenge Terms for both the VUP and the RGP.  O Positiv’s clock is the official clock for this Program.  

HOW TO PARTICIPATE

To be eligible, you must opt-in to the Challenge Terms, and be accepted as a selected affiliate participant by O Positiv in their sole discretion.

VUP $100 Terms

During the VUP, with a limit of up to a total of fifteen videos in aggregate, and a sub-limit of three videos each for each individual of the Products (thus a maximum of $300 in aggregate for up to three videos for each of the individual Products, and up to $1,500 in aggregate for all fifteen videos), for each uniquely produced video uploaded onto TikTok during the VUP complying with all of the Governing Documents and providing a direct link to the O Positiv Shop on TikTok Shop for the appropriate Product(s) corresponding to the individual video, assuming you are in compliance with all the Governing Documents at the time of payout, you will receive $100 USD. The maximum amount you may receive under the VUP $100 Terms is $1,500 USD. Amounts not disputed are to be paid within ninety days of the end of the VUP or as soon as reasonably practicable.

RGP $1,000 Terms

For each unique video complying with the Governing Documents and uploaded onto TikTok platform during the RGP that generates sales in excess of $15,000 in gross merchandise value (“GMV”) from Product sales on the O Positiv Shop on TikTok Shop (and only sales on the O Positiv Shop on TikTok Shop will be counted) for O Positiv during the RGP that is earned, collected, retained, and not subject to dispute, you will receive $1,000 USD. Amounts not disputed are to be paid within ninety days of the end of the RGP or as soon as reasonably practicable. GMV generated outside of the RGP or TikTok Shop platform or the O Positiv TikTok Shop is not eligible.

DETERMINATION AND VERIFICATION OF AWARDS

The above-listed sales incentive awards (“Awards”) awarded pursuant to this Program will be granted in addition to standard Affiliate Commissions which are otherwise not impacted by this Program. 

Awards will be based on the amount of GMV generated by your TikTok Shop Affiliate Content on a single TikTok account (thus, if you have multiple accounts, the accounts will not be aggregated to calculate GMV) during the Program Period.  

GMV will be the net sale price of the Products, as determined by the TikTok Shop Seller Center and TikTok Shop Affiliate Center after refunds, returns, and cancellations after the close of the Program Period and a reasonable time to allow for the tabulation of any refunds, returns, and cancellations. If a single Affiliate generates GMV via multiple TikTok accounts, only each individual account belonging to that Affiliate will count towards the calculation of GMV for that Affiliate (the accounts will not be aggregated for a total sales figure).  

The eligibility of Affiliates and calculation of such Affiliate’s GMV is subject to verification of eligibility and compliance with these Challenge Terms prior to the grant of any Award. Awards are based on qualifying GMV achieved during the Program Period and properly claimed in accordance with these Challenge Terms. Awards will not be granted for any GMV/Product sales effectuated by dishonest, fraudulent, deceptive, misleading, or otherwise unlawful means, as determined in O Positiv’s sole discretion. You must be in compliance with the Governing Documents at the time of payout to be eligible to receive payment.

AWARD CLAIMS

While O Positiv will make a good faith attempt to determine who is eligible for Awards, ultimately Affiliates are solely responsible for keeping track of their GMV achieved during the Program Period and notifying O Positiv if an Affiliate believes they are eligible for an Award but do not receive an Award. If you believe you did not receive an Award, please make a claim for an Award (“Award Claim”) by contacting the O Positiv TikTok Shop team (via email: affiliates.tiktokshop@opositiv.com). All Award Claims must be initiated within thirty (30) days of the end date of the Program Period or you will waiver all such claims. Proof of email is not proof of receipt by O Positiv. The decisions of O Positiv will be final in all matters relating to this Program. O Positiv reserves the right to audit any Award Claim to verify accuracy/validity. Award Claims must include all requested information to verify GMV per the existing O Positiv Affiliate Terms and Conditions. Award Claims without sufficient information, as determined in O Positiv’s sole discretion, may not be processed as eligible.

FOR CLARITY, AFFILIATES ARE RESPONSIBLE FOR SUBMITTING AWARD CLAIMS. NO AWARD CLAIMS RECEIVED AFTER THIRTY (30) DAYS AFTER THE END DATE OF THE PROGRAM PERIOD WILL BE ACCEPTED.     

Following verification of your Award Claim, you will be notified by email and may be required to complete, execute and return an Affidavit of Eligibility and, except where prohibited by law, a Liability and Publicity Release and such other documents as shall be reasonably requested by O Positiv within ten (10) days of such request/notification (“Winner Documentation”). Failure of a winner to comply with this requirement may result in disqualification and Award forfeiture, in O Positiv’s sole discretion. If a winner is otherwise eligible under these Challenge Terms but is nevertheless deemed a minor in their state of primary residence (“Minor”), the Award will be awarded in the name of winner's parent or legal guardian who will be required to execute and return the Winner Documentation on Minor’s behalf, as applicable.

Winner is responsible for all federal, state, local and income taxes and other fees or costs associated with the Award, if any. Affiliates whose Award winnings are in excess of $600 will be issued a 1099 tax form and must provide a W-9 to O Positiv for this purpose.

RELEASE/GENERAL

Except where prohibited by law, acceptance of Award constitutes each winner’s consent to O Positiv and its designees for use of winner's name, Award won, hometown, likeness, TikTok handle, photograph, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification, review, approval, or permission.

You agree that O Positiv is not responsible for and you agree to release and hold harmless O Positiv and TikTok from any and all liability in connection with the following: (i) Award Claims that are lost, late,  incomplete, damaged, garbled, destroyed, inaccurate, misdirected, or not received by the O Positiv for any reason; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in transmission, receipt, or processing hereunder, including but not limited to, in the calculation of Product sales/GMV, or for destruction of or unauthorized access to, or alteration of any information submitted to O Positiv; (iii) failed or unavailable hardware, network, software or telephone, or causes beyond O Positiv’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Program; (iv) any information submitted in a manner that is not expressly allowed under these Challenge Terms; and/or (v) your participation in the Program generally as well as your acceptance, possession, use/misuse of any Award. The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Sales Incentive Program as well as claims, where lawful, based on publicity rights, defamation, and/or other proprietary or privacy rights.

By participating in the Program, you acknowledge and agree that O Positiv reserves the right in its sole discretion to modify, suspend or cancel the Program at any time for any reason. Notice of such action by O Positiv will be posted HERE. Should the Program be terminated prior to the stated Program end date, O Positiv reserves the right to fulfill the Awards to eligible Affiliates who have submitted verified Award Claims before the termination date. O Positiv reserves the right to disqualify any Affiliate if such person has been determined to have tampered with or abused any aspect of the Program.  Any attempt by an individual to deliberately undermine the legitimate operation of the Program may be a violation of criminal and civil laws, and should such an attempt be made, O Positiv reserves the right to seek damages from any such person to the fullest extent permitted by law. In the event there is a discrepancy, as between other statements contained in any Program-related materials or communications and these Challenge Terms, these Challenge Terms shall prevail, govern and control.

O Positiv: O POSITIV INC., 500 E. Schuyler Rd, Silver Spring, MD 20901. 

All trademarks used herein are the property of their respective owners in the United States and abroad. All rights reserved. 

Any questions, comments or complaints regarding this Challenge must be directed to the O Positiv only and NOT to TikTok.