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It’s important that you read the GoHerbalife.com Subscription Agreement below. If you
agree to all the terms, simply accept and click “continue” to complete your subscription to
GoHerbalife.com. If you do not agree, you will not be able to create a GoHerbalife.com
website.
I. GENERAL
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4. I may terminate my subscription to GoHerbalife.com by calling Herbalife at 080-
40311444. Such termination shall only take effect on the last day of my then current
monthly billing cycle. In the event I so notify Herbalife of such termination, Herbalife
shall use commercially reasonable efforts to cause my web page(s) provided through
GoHerbalife.com to be inaccessible to potential customers after the effective date of such
termination. I shall continue to be liable for any monthly charges through and including
the effective date of termination, without pro-ration, and shall in no event be entitled to
any refund from Herbalife for the remainder of any monthly billing cycle.
7. No termination of this Agreement will relieve me of any liability that arose before such
termination. I understand that the following provisions of this Agreement will survive any
termination of GoHerbalife.com or my subscription: Sections I.1, II.1, II.2, IV, V, VI and
VII.
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• In the event that I pay or have paid sales tax to Herbalife in respect of my
purchase of products, I am solely responsible for securing any credits against sales
taxes due to applicable taxing agencies. Herbalife has made no representation to
me as to any aspect of sales or uses taxes or the availability in any jurisdiction of
credits for taxes paid against taxes due.
3. Nothing in this Agreement restricts me from selling Herbalife products by any other
permissible means. If I wish to adopt promotional programs or to offer discounts, I may
do so. I understand that the on-line ordering functionality included in GoHerbalife.com
quotes Herbalife's suggested retail price for all products but this does not prevent me
from selling products at different prices.
5. In the course of serving customers through GoHerbalife.com, I will honor the Herbalife
Customer Refund Policy which allows retail customers to exchange unwanted products
or obtain a full refund (excluding shipping charges) for the same at any time within
thirty (30) days from the customer’s receipt of the products.
III. FEES
2. Herbalife may offer additional services beyond GoHerbalife.com for separate fees. My
ordering of such services from Herbalife constitutes my authorization to Herbalife to charge
the designated credit card with the amounts posted by Herbalife for such services.
1. As between Herbalife and me, Herbalife, its licensors, and/or its service providers
retain all right, title, and ownership in and to all of their respective trademarks and logos,
all software and technology supporting or involved in providing GoHerbalife.com,
Herbalife’s Confidential Information (as defined below), and all worldwide copyrights,
trademarks, trade secrets, patents, patent applications, moral rights, contract rights, and
other proprietary rights, whether now known or hereafter recognized in any jurisdiction,
related thereto (collectively, “Intellectual Property Rights”). Herbalife is only delivering
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services to me under this agreement and has not granted me any licenses, express or
implied, with respect to any software or other subject matter. Any rights not expressly
granted to me under this Agreement are reserved by Herbalife, its licensors and service
providers, as applicable.
2. Herbalife may from time to time during the term of this Agreement disclose to me
certain Confidential Information. “Confidential Information” means information designated
as confidential or which ought to be considered as confidential from its nature or the
circumstances surrounding its disclosure, including, without limiting the generality of the
foregoing, data, any source code embedded in GoHerbalife.com, scripts, plug-ins, applets
or similar features that may be made available to me from time to time, and information
regarding Herbalife’s or its service providers’s and licensors’s policies, strategies,
operations, finances, plans, customers and suppliers, software and services.
3. I will not use any Confidential Information for any purpose not expressly permitted by
this Agreement, and will disclose the Confidential Information only to my employees who
have a need to know such Confidential Information for purposes of this Agreement, and
who are under a duty of confidentiality no less restrictive than my duty hereunder. I will
protect Herbalife’s Confidential Information from unauthorized use, access, or disclosure
in the same manner as I protect my own confidential or proprietary information of a
similar nature, and with no less than reasonable care. Any disclosure by my affiliates,
directors, officers, employees, agents, or contractors shall be deemed to be disclosure by
me, and I shall be liable therefor as if I had disclosed the Confidential Information.
6. I will not: (i) distribute, sublicense, lease, rent, loan, or otherwise transfer or provide
access to GoHerbalife.com or any software or technology used to provide
GoHerbalife.com; or (ii) reverse engineer, decompile, disassemble, or otherwise attempt
to derive the source code for any such software. I will not remove, alter, or obscure in
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any way any proprietary rights notices (including copyright notices) of Herbalife or its
licensors or their respective service providers on or within any web pages or other materials
provided as part of GoHerbalife.com.
V. PERSONAL DATA
1. I am responsible for the lawfulness of the data processing I carry out relating to my
customers and prospects, including but not limited to their names, addresses, contact
details and order, invoicing and payment information, credit card details, as well as
purchase history, in my control or possession (the “Personal Data”). The Platform also
collects data from each Web Property and its users and general information about a
user’s use of a Web Property (collectively, “Web Property Data”). I agree that my access
to this Web Property Data (including, without limitation, registration information, if any,
provided in connection with a user’s use of a Web Property) as part of the management
controls of my Web Property(s) is subject to the Herbalife Privacy Policy.
2. I herewith acknowledge and agree that all Personal Data that I upload to or collect on
GoHerbalife.com or otherwise disclose to Herbalife in the framework of GoHerbalife.com
and any related services:
• has been collected, and is, in compliance with the relevant data protection law
(including, if applicable, consent, information and registration requirements);
• will be collected and used in compliance with the privacy policy posted by Herbalife
on the customer interface included in my web page(s) provided through
GoHerbalife.com (my “GoHerbalife.com Privacy Policy”); and
• may be lawfully processed by Herbalife at its sole discretion for all the purposes
described in Herbalife’s Privacy Policy.
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5. In case of a suspension or termination of GoHerbalife.com or my subscription to
GoHerbalife.com, I may no longer access the Personal Data of my customers and prospects
through GoHerbalife.com and I should therefore keep my own records and copies of
Personal Data at all times. Within a reasonable time period after a termination or suspension
I may request copies of the Personal Data of my customers and prospects from Herbalife
and Herbalife will use commercially reasonable efforts to oblige such request.
7. I and Herbalife will cooperate and act in a proactive manner whenever this is required
to allow either party to comply with its respective obligations under data protection law,
including to respond within a reasonable time to data protection related enquiries from
my customers or prospects and/or the competent regulator.
8. I must keep the Personal Data of my customers and prospects accurate and should
rectify or delete it, as appropriate, if it is incorrect, incomplete, no longer required or
upon the relevant individual’s justified request.
1. The Member Websites platform (the “Platform”) is a set of services and technology
applications that allows Herbalife Members to create their own online web properties
(each, a “Web Property”) utilizing Herbalife’s technology. If I create a Web Property, it is
my Web Property, and as a Web Property creator, I understand that I am responsible for
managing it in compliance with this Agreement, Herbalife’s Terms of Use, my
GoHerbalife.com Privacy Policy and Herbalife’s Privacy Policy. As between Herbalife and
myself, I understand that I am responsible for the content that I tailor for my Web
Property, the statements I make on my Web Property, the information I collect on my
Web Property, and the actions or conduct of my customers or other persons who use my
Web Property, and Herbalife does not assume or accept any responsibility for the activity
that occurs on my Web Property.
2. During the term of my GoHerbalife.com subscription and subject to the terms and
conditions of this Agreement and Herbalife’s Terms of Use, Herbalife hereby grants me a
limited, non-exclusive, non-sublicense, non-transferable, revocable license to access and
use the “Platform Tools” (as defined herein) solely to enable my use and creation of a
Web Property on the Platform. For clarification and the removal of doubt, aside from the
license granted in this paragraph, I acknowledge that I shall acquire no rights in or to the
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Platform and/or the Platform Tools. For purposes of this Agreement, “Platform Tools”
shall mean past, present and future hardware, products, processes, source and object
code, algorithms, user interfaces, know-how, techniques, organization, designs, text,
images, photographs, illustrations, audio or visual material, artwork, graphic material,
themes, podcasts, advertising copy, databases, proprietary information, all copyrightable
or otherwise legally protectable elements of the Platform and all other tangible or intangible
materials related to, displayed, performed or distributed on the Platform. I agree that
as between me and Herbalife, all intellectual property rights in and to the Platform and
the Platform Tools and any derivative works or enhancements thereof are owned by
Herbalife or its licensors. Any rights not expressly granted by Herbalife herein are reserved
to Herbalife.
3. If, as a Web Property creator, I upload or otherwise use any art assets or other
material in creating or designing my Web Property, including but not limited to, my
stories, articles, opinions, other text, source and object code, directories, guides,
photographs, illustrations, images, video and audio clips and advertising copy, as well as
the trademarks, copyrights, logos, domain names, code, tradenames, service marks, patents
and any and all copyrightable material (collectively, the “Member Material”), the following
provisions will apply to me:
(a) As between me and Herbalife, I shall own all right, title and interest in and to
any Member Material; provide, however, that in no event shall the term Associate Material
include any Platform Tools.
(b) I hereby grant Herbalife, during the course of my usage of the Platform, a non-
exclusive, worldwide, royalty-free, and transferable right and license to (i) use,
reproduce, access, store, cache, communicate, publicly perform and publicly display my
Member Material and “Web Property Data” (as defined herein) (x) for the purpose of
operating and making my Member Material and Web Property Data available on the
Platform and in all current and future media in which the Platform may now or hereafter
be distributed or transmitted or (y) for Herbalife’s internal business purposes so that
Herbalife may derive metrics and analytics relating to my Member Material and Web
Property Data; and (ii) disclose any such metrics and analytics regarding my Member
Materials and Web Property Data for marketing and business development purposes.
(c) I hereby agree that if my Member Material is removed from any Web Property
due to a violation of this Agreement or because such Member Material contains illegal
images, Herbalife shall have the right to use and reproduce such Member Material in any
manner without restriction, including in response to any subpoena or other judicial or
administrative order, to assist government enforcement agencies or as otherwise required
by law and to protect the rights, property or safety of Herbalife, any user or individual,
or the general public. Additionally, I understand and agree that my Member Material and
Web Property Data that is displayed on the Platform may continue to appear on the
Platform, even after I have terminated my account, as portions of my Member Material
may have been incorporated into other Platform features. In addition to the rights,
licenses and privileges referred to above, I agree that Herbalife may use and refer to my
Web Property and/or Member Material (including screen shots) throughout the universe,
in perpetuity, in marketing materials, press releases, financial reports, presentations,
website materials, customer lists and any and all media now known or
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hereafter discovered in connection with the marketing, advertising and promotion of the
Platform and/or Herbalife, and any products, goods, features, capabilities and/or services
associated with the Platform and/or Herbalife.
6. I understand and acknowledge that Herbalife and its designees reserve the right, but
shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or
transmit any Member Material, in whole or in part, on any Web Property at any time and
for any reason or no reason at all, with or without notice and with no liability of any kind.
7. If a Web Property is removed from the Platform, the Member Material associated with
that Web Property may also be deleted at the discretion of Herbalife. Herbalife is not
required and may not keep back up copies of Member Material on any Web Property once
the Web Property or Member Material is deleted. Additionally, Herbalife makes no guarantee,
either during or after the term of this Agreement, that any Member Material will be safely
stored.
8. I represent and warrant that my Web Property shall not be designed or implemented
in a way, that as determined by Herbalife in its sole discretion, might mislead a user into
believing that: (i) he or she is interacting directly with Herbalife when interacting with
my Web Property; or (ii) any part of my Web Property, other than the basic templates
provided by Herbalife, was created by or endorsed by Herbalife.
9. Herbalife reserves the right at any time (and from time to time) to modify, suspend,
or discontinue providing the Platform or any part thereof, including adding new features
to any portion of the Platform, with or without notice. Herbalife will not be liable to me or
to any third party for any modification, suspension or discontinuance of any portion of the
Platform or the Platform as a whole.
10. I agree to comply with all applicable export and reexport control laws and regulations,
including the (Indian) Foreign Exchange Management Act, 1999 and the Regulations made
thereunder, the Export Administration Regulations (“EAR”) maintained by the U.S.
Department of Commerce, trade and economic sanctions maintained by the Treasury
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Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms
Regulations (“ITAR”) maintained by the Department of State. Specifically, I agree that I shall
not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of
any products, software, or technology (including products derived from or based on such
software or technology) received from Herbalife under this Agreement to any destination,
entity, or person prohibited by the laws or regulations of India and/ or the United States,
without obtaining prior authorization from the competent government authorities as required
by those laws and regulations. I agree to indemnify, to the fullest extent permitted by law,
Herbalife from and against any fines or penalties that may arise as a result of my breach of
this provision. This export control clause shall survive termination or cancellation of this
Agreement.”
1. At my expense, I shall comply with all applicable laws, rules and regulations regarding
my activities related to this Agreement, my use of GoHerbalife.com and my fulfillment of
orders received through my subscription to GoHerbalife.com and the operation of my
Web Properties.
3. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOST PROFITS OR OTHER
CONSEQUENTIAL DAMAGES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE
OR EXEMPLARY DAMAGES, ARISING FROM OR RELATING TO THIS AGREEMENT OR THE
USE OR PERFORMANCE OF GOHERBALIFE.COM, EVEN IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. I agree to indemnify, defend, and hold Herbalife and the service providers supporting
GoHerbalife.com harmless from and against any and all liabilities, losses, damages, costs
and expenses, including without limitation reasonable attorneys’ fees and expenses
(collectively, “Losses”), that Herbalife or its service providers or licensors may incur resulting
from any action, suit, claim or proceeding in any form by any third party arising from or
related to: (i) any allegation that (a) any trademarks used by me infringe any trademark
rights of any third party; (b) any content delivered by me to any person infringes
upon any Intellectual Property Rights or rights of privacy or publicity; (c) any content I
provide to any person using GoHerbalife.com contains harassing, defamatory, libelous,
abusive, threatening or obscene materials; or (d) I did not have the right to disclose
information to Herbalife or that I otherwise violated any privacy policy; (ii) my
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Web Property; (iii) any misrepresentation, misstatement, or inaccurate information
communicated by me to any third party regarding GoHerbalife.com and associated software,
their specifications, and/or their capabilities; (iv) my breach of my obligations with respect
to Confidential Information; and (v) any violation of law by me or any persons under
my control.
All issues and questions concerning the construction, validity, interpretation and enforceability of this
Agreement, or the rights and obligations of (i) me, on the one hand, or (ii) Herbalife and its officers, directors
and employees (collectively, the "Herbalife Entities"), on the other hand, in connection with this Agreement or
GoHerbalife.com shall be governed by and construed in accordance with the domestic laws of the Republic of
India without giving effect to any choice of law or conflict of law rules or provisions that would cause the
application of the laws of any other country
b. For any opt-in list of email addresses used in GoHerbalife.com, I agree to provide
Herbalife, upon request, with the source of the email addresses, the method used for
recipient signup, and details surrounding the process used, and whatever other
information relates to the transaction or sign-up process used. This includes, but isn't
limited to, date and time of sign up, IP address of signup, website signed up from, and
whatever other information the client asked of the recipient at point of sign up.
4. Herbalife does not buy or sell email lists, nor do we allow Members to use purchased
or harvested email lists. I certify that I will not use rented or purchased lists, email
append lists, or any other list that contains email addresses captured in any other method
than opt-in. The use of opt-out lists is prohibited in our system. Herbalife retains the
right to review my lists, eCards and emails to verify that I am abiding by the privacy and
permission policies set forth herein. I am required to comply with Herbalife’s policies and
all applicable laws.
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