Effective as of August 23, 2024

At MP Acquisition Corp. (“MusclePharm”, “we”, or “us”), we take your privacy very seriously. We know you care how your information is used, and we appreciate your trust, so we treat your information carefully, sensibly, and responsibly. MusclePharm values the importance of privacy and security for our web site visitors. Please take a moment to read this Privacy Policy, which describes our data collection and usage policies and practices, including how we collect, use and share information about you, including in person, by phone, through mail or email or through our website www.musclepharm.com, and any other MusclePharm-owned and/or operated website, mobile sites, mobile applications or social media accounts (collectively, our "Sites”). By accessing or using our Sites or otherwise disclosing information to MusclePharm, you agree that you are providing freely-given, specific, informed, and unambiguous consent to our collection, use, and sharing of your information in accordance with this Privacy Policy. If you do not agree to this Privacy Policy, you must discontinue using our Sites.

If we decide to change our Privacy Policy, we will post those changes on our web site so that you can always find out what information we gather, and how we might use that information. We encourage you to periodically review our Privacy Policy to stay informed about how we are using the personal information we collect.

1.    What Information Do We Collect?

Information You Provide Directly to Us

We collect information you provide directly to us in order to provide the best service possible. For example, we collect information when you: interact with MusclePharm in person, by phone, through mail or email, or through any website chat feature; request or purchase a product or service; register for an account; participate in any interactive features of the Sites; subscribe to a newsletter or email list; participate in a survey, contest, promotion or event; request customer support; or otherwise communicate with us. Categories of information we may collect from you include:

• Account Information. When you register for an account on the Sites, you will need to provide us with certain personal information to complete the registration, including information that can be used to contact or identify you, which may include identifiers such as your name, email address, mailing address, username, and phone number. We also collect other information you provide as part of registration process and the administration and personalization of your user experience. We may combine this information with the personal information we collect from you.

• Transaction Information. If you choose to order products or services from us you will have to provide us with certain information, including personal information such as: your name, mailing and/or e-mail address, credit or debit card information.

• Content You Submit. We collect the content you submit to the Sites. This includes all comments, feedback or materials submitted by you to us, for example, feedback, testimonials, images, reviews, questions, comments, suggestions or ideas (“Feedback”). You acknowledge and agree that MusclePharm will be free to use, display, perform, distribute, copy, adapt, and promote, without compensation to you, the Feedback for any purpose whatsoever.
• Surveys and Promotions. We may request information from you via surveys or promotions. Participation in these surveys or promotions, which might include contests or sweepstakes, is voluntary. Examples of requested information may include contact and demographic information.

Information We Collect Automatically

We and our third-party service providers or affiliates may use a variety of online tracking technologies, such as cookies, embedded scripts and web beacons, that automatically (or passively) collect certain information whenever you visit or interact with our Sites.

• Usage Information. We collect information about your usage of, and interaction with the Sites. For example, we may track the number of people who view each page and all of the areas within our Sites you visit. We may also collect and store statistics and other information about the online activities of our users on an aggregated (collective) basis.

• Log Information. When you access or use the Sites, our servers automatically record certain log file information, such as your Internet Protocol (“IP”) address, operating system, browser type and language, referring URLs, access times, pages viewed, links clicked and other information about your activities on the Site.

• Information Collected by Cookies, Web Beacons and Embedded Scripts. We and our service providers use various tracking technologies, including cookies, web beacons and embedded scripts, to collect information about you when you interact with our Sites, including information about your browsing and purchasing behavior. Cookies are small data files stored on your hard drive or in device memory that help us improve the Sites and your experience, see which areas and features of the Sites are popular, and count visits. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Sites. Web beacons are small pieces of data that are embedded in images on the pages of web sites. Web beacons may involve the transmission of information directly to us, to another party on our behalf, or to another party in accordance with its privacy practices. We may use web beacons to bring together information we collect about you and to help us optimize and tailor our Sites for you and other future visitors to our Sites. An embedded script is programming code that is designed to collect information about your interactions with our Sites, such as the links you click on. The code is temporarily downloaded onto your device from our web server or a third party service provider, is active only while you are connected to the Sites, and is deactivated or deleted thereafter.

Information We Collect From Third Parties

We may receive information that third parties provide us, which may include information about you. For example, we may collect information about you when you engage third parties to assist in ordering our products or services, when we use third parties to validate or update your information or other third parties who offer services that integrate with the Sites. Additionally, we may collect information about you when you post content to our pages or feeds on third party sites. This Privacy Policy does not apply to information collected through or by any third party. If you have any questions about such third parties’ privacy practices, you should review their privacy policies.  

2.    How Do We Use Your Information?

We may use your information for various purposes related to our operations and your use of the Sites. For example, we may use your information:

• To personalize the user content and experience.
• To provide, maintain and improve our Sites and provide you with relevant information and content.
• To facilitate and administer the provision of the products and services you purchase or request from us, including the verification of your identity or location, processing payment, to respond to any communications from you, or to administer a survey, promotion, sweepstakes or contest you participate in.
• To contact you in connection with your account, a particular activity, purchase, or product or service, in person or by recorded message, by e-mail, telephone and/or mobile telephone number, text (SMS) message, or any other means of available communication.
• To notify you in connection with a survey, promotion, sweepstakes or contest.
• To provide you with information and offers on our products and services, that we believe may be of interest to you.
• To send you technical notices, updates, security alerts and support and administrative messages.
• To respond to your comments, questions and requests and provide customer service, including through any website chat function, whether automated or not.
• To monitor and analyze trends, usage and activities in connection with our Sites.
• To protect our rights and property and the rights and properties of others.
• To maintain appropriate records for internal administrative purposes.
• To perform operational functions in connection with our business, including data analysis, audits, developing and improving products and services, enhancing the Sites and identifying usage trends.
• To link or combine with information we get from others to help understand your needs and provide you with a better experience.
• To carry out any other purpose described to you at the time the information was collected.
• To comply with legal and regulatory requirements (including fraud prevention and anti-money laundering), required disclosures and choices and controls that may be available.
• To comply with our obligations to third parties in accordance with the terms and conditions of their services being provided on our behalf or directly to you.
• Detect, investigate or prevent activity that may be illegal, violate our policies, cause harm to our operations or compromise our security.
• To carry out debt-recovery functions.
• For any purpose that, under the circumstances, would be reasonably expected by a consumer to be employed.
• To train our staff.
• For any other purpose with your consent.

We also may use aggregated or de-identified information, which cannot reasonably be used to identify you. Once de-identified and aggregated so that data does not personally identify you, it is no longer personal information. Such de-identified and/or aggregated information which does not identify individuals is not subject to this Privacy Policy.

Electronic Promotional Messages. We may send you promotional emails regarding special offers about our or our affiliates’ products and services or products and services on behalf of third party marketing partners who we think can offer products, services or content of interest to you. If you do not wish to receive information from us regarding special promotions or offers you can opt out of receipt of such promotional mailings (please see “Your Choices” below).  Even if you opt out of receiving promotional emails we may continue to send you transactional notifications that are related to your account, orders, or other products or services you have requested.

Direct Mail Promotional Offers.  We may use your name and mailing address which we obtain from you for us, our affiliates or third party marketing partners to provide marketing offers to you through direct mail. If you prefer not to have your name and mailing address shared with a third party in connection with direct mail promotional messages please see “Your Choices” below. Please note that even if you opt out of receiving promotional mail we may continue to send you transactional notifications in the mail that are related to your account, orders, or other products or services you have requested.

Third Party Analytics Services. We may work with certain third party service providers to collect, analyze, and use some of the information collected from you. For example, we may allow our service providers to set cookies or use web beacons on the Sites or in email communications from us, including Google, Inc.’s Google Analytics and AdWords services, Commission Junction LLC, and other similar third-party vendor services. These services use cookies to transmit your IP address and other website navigation and Internet usage and network activity data and device and browser-generated data, including regarding your browsing history and your interaction with our and other websites, applications, and advertisements. These service providers may provide this data to us or store and/or aggregate this data to analyze such usage and create reports for us. These service providers may also display our ads on sites across the Internet, and they may use this data to later display ads or other information to you based on your website usage or other information collected as described above. You may be able to set your browser to remove or reject browser cookies.

We do not control these third party service providers’ tracking technologies or how they may be used.

3. Who Do We Share Information With?

We may share information about you as follows or as otherwise described in this Privacy Policy:

• With vendors, consultants, business partners, our related entities, contractors, or service providers to help us operate our business and the Sites and to administer activities on our behalf, and to assist with services such as data processing and matching, data analysis, data monetization services, information broking, business consulting, and marketing/research.
• With strategic partners who provide additional features on the Sites. These strategic relationships may include business partners, sponsors and co-branded Site features. The use of your information by these third parties is subject to their own privacy practices and you should check their website for information regarding their privacy policies.
• By participating in any survey, promotion, sweepstakes or contest, you agree to the official rules that govern that survey, promotion, sweepstakes or contest, including disclosure of your information to third parties or the public in connection with the administration of such survey, promotion, sweepstakes or contest, or as required by law.
• As may be permitted or required by law (including, but not limited to, court order or subpoena), or to prevent or investigate suspected fraud, violations of our Terms of Use, or activity that appears to us to be illegal or may expose us to legal liability.
• In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, rule, regulation or legal process.
• As determined necessary to protect the rights, safety, or property of any person or as otherwise appropriate when we believe your conduct on the Sites is inappropriate, is detrimental to us, or is inconsistent with generally accepted norms of behavior.
• In the event that we, or any of our businesses, are being sold or disposed of as a going concern, whether by merger, sale of assets or otherwise, or in the event of an insolvency, bankruptcy or receivership.
• In connection with a commercial transaction where we or any one of our businesses are seeking financing, investment, support or funding.
• To enforce any agreement we may have with you.
• Between and among us and any current or future parent, subsidiary and/or affiliated company.
• To fulfill the purpose for which you provided such information.
• For any other purpose disclosed by us when such information was collected.
• With your consent or at your direction.
• As otherwise would, under the circumstances, be reasonably expected by a consumer.

4.    Protection of Information

We maintain reasonable physical, operational and electronic security measures to protect your information. However, the transmission of information via the Internet, the Sites or email is not completely secure and we cannot guarantee the security of information transmitted to or from us. Where we have given you (or where you have chosen) a password for access to certain parts of our Sites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. MusclePharm encourages you to learn as much as you can about your privacy on the Internet.

We will maintain your information for only as long as reasonably necessary to fulfil the purpose for which it was collected, and as long as legally necessary, in accordance with applicable law.  In some circumstances we may retain your personal data for extended periods of time, for instance, where we are required to do so in accordance with legal, regulator, tax or accounting requirements.

5.    Links to Third Party Sites

Our Sites may link to other websites whose privacy practices may differ from ours. If you submit information to any of those websites, your information is governed by their privacy statements. We do not exercise control over third-party websites and are not responsible for the privacy practices or the content of any such third-party websites. We encourage you to carefully read their privacy statement. The fact that we may link to a third-party website or present a banner ad or other type of advertisement from a third party is not an endorsement, authorization, or representation of any affiliation by us with that third party, nor is it an endorsement of their privacy or information security policies or practices.

6.    Notice to International Users

The Sites are hosted in the United States and are subject to U.S. law. If you are accessing the Sites from outside the United States, please be advised that U.S. law may not offer the same privacy protections as the laws of your jurisdiction. By accessing and using the Sites, you agree that you are providing freely-given, specific, informed, and unambiguous consent to the transfer to and processing of your personal information in the U.S.

7.    Children's Privacy

The Sites are intended for general adult audiences and you represent that you are over the age of majority in your jurisdiction of residence. If we have any reason to believe you are not the age of majority or older we may terminate your access to the Sites. In the event that we collect personal information from children under the age of 13 in connection with providing our products or services, we require such personal information to be provided from a parent, guardian or other person with legal authority to provide us with such information. For example, if you purchase a product from us that includes coverage for a child under the age of 13, we may require the child’s name and data of birth.  We do not share, sell, rent or transfer children’s personal information other than as set forth in this Privacy Policy.

8.    Disputes

If you choose to visit or access the Sites or any of our services, any dispute concerning or related to your privacy is subject to this Privacy Policy and our Terms of Use.

9.    Consumer Privacy Rights

The law of your jurisdiction may provide you with certain rights regarding our use of your personal information. Subject to any exceptions under applicable law, you may have the following rights with respect to your personal information collected by MusclePharm:

• The right to know and access. You may have the right to request MusclePharm provide you with (i) a copy of the personal information that we have collected or maintained about you during any specific period of time; (ii) the categories of personal information that we have collected or maintained about you during any specific period of time; (iii) the categories of purposes for which such personal information was disclosed during any specific period of time; (iv) the categories of sources of such personal information that was collected during any specific period of time; and (v) the categories of third parties that such personal information may have been shared with during any specific period of time. If you exercise your right to know or access, we will endeavor to provide you with the information requested for the specific time period requested. If you choose to exercise your right to know or access and do not specify a time period, we will endeavor to provide all of the requested information collected or maintained after January 1, 2022, unless doing so would be impossible or involve a disproportionate effort. In the case that fulfilling a request to know or access proves impossible or involves a disproportionate effort, we will endeavor to provide you the requested categories of information collected or maintained by MusclePharm in the immediately preceding 12 months from the date of your request. All information provided to you under this right to know and access will be provided in a portable, easily understandable, and to the extent technically feasible, in a structured, commonly used, machine-readable, and readily usable format that will allow you to transmit the relevant information to another entity without hindrance or impediment.
• The right to deletion. You may have the right to request that MusclePharm delete the personal information that we or our vendors collected about you. There may be circumstances under which we will be unable to delete your personal information, such as if we need to comply with our legal obligations, complete a transaction for which your personal information was collected, or if such deletion would be impossible or require a disproportionate effort. If we are unable to comply with your request for deletion, we will let you know the reason why.
• The right to correct inaccurate personal information. You may have the right to request that any of your inaccurate personal information that is maintained by us to be corrected, taking into account the nature of the personal information and the purposes of the processing of the personal information.
• The right to portability. You may have the right to request that MusclePharm transmit your personal information to another entity in a portable, easily understandable, and to the extent technically feasible, in a structured, commonly used, machine-readable, and readily usable format.
• The right to appeal. If you submit a request to exercise one of the above rights and we deny such request, you may have the right to appeal our decision.
• The right to file a complaint. You may have the right to file a complaint with a relevant supervisory authority or your state’s Attorney General. You may contact us, the relevant supervisory authority, or your state’s Attorney General for more information.

If you choose to exercise any of these foregoing rights, we will not discriminate against you in any way. However, if you exercise certain rights, you may be unable to use or access certain features of the Sites or receive certain services.

9(a). Exercising Consumer Rights

To exercise any of these rights, contact us at contact page or 402-991-5618.  In connection with submitting a request, you must provide the following information, as applicable: name, email address, phone number, state of residence, and you must state what type of request you are making.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to his or her personal information. In general, we have the right to require you to provide written permission granting authority to your representative and for your agent to verify its identity directly with us, and we may deny a request from your representative who does not submit proof of authorization as we request.

The verifiable consumer request must provide sufficient information that allows us to reasonably verify the requestor is the person about whom we collected personal information or an authorized representative and describe the request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to a request or provide personal information if we cannot verify the identity or authority to make the request.

We will endeavor to confirm receipt of a request within 10 days following submission and provide information about how we will process the request. We will endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to an additional 45 days), we will provide notice in writing explaining the reason for the extended time period.

Making a verifiable consumer request does not require you to create an account with us. We may deliver our written response by mail or electronically, at your option.

If we deny a request, we will provide a response explaining the reasons we cannot comply with a request, if applicable. We may deny your request to exercise any of the rights listed herein if we have a good-faith, reasonable, and documented belief that such request is fraudulent.

9(b). Disclosure of Personal Information

We may have collected and disclosed the following categories of personal information from a consumer for a business purpose in the preceding 12 months:

• Various identifiers, including, name, address, online identifier, Internet Protocol (IP) address, email address, account name, or other similar identifiers.
• Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), including, telephone number or financial information.
• Commercial information, including, records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
• Biometric information, including, behavioral characteristics, or activity patterns used to extract a template or other identifier or identifying information.
• Internet or other similar network activity, including, browsing history, search history, information on a consumer's interaction with a website, application, or advertisement, including internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, the files viewed on our Site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data in order to analyze trends in the aggregate and administer our Site.
• Geolocation data, including, physical location or movements.
• Sensory data, including, audio, electronic, visual, or similar information.
• Professional or employment-related information, including, current or past job history or performance evaluations.
• Educational information, including, transcript, student records, grades and performance, activities, school name or school ID.
• Inferences drawn from other personal information, including, profile reflecting a person's preferences, characteristics, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
• Protected classification characteristics, including, race, color, national origin, marital status, sex, veteran or military status.
• Personal records, such as, power of attorney, family history or power of attorney.
• Information received from a government entity or other third party.
• Sensitive personal information, including: (a) a consumer’s Social Security or other state identification number; (b) a consumer’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (c) consumer’s geolocation; (d) consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership; (e) the contents of a consumer’s mail, email, or text messages, unless the business is the intended recipient of the communication; and (f) consumer’s genetic data.

We may collect the above categories of personal information directly from you, indirectly as you interact with our Sites, from or through other third party sources, including our customers, through email or other electronic messages between you and our Sites, or as otherwise set forth in this Privacy Policy.

In the prior 12 months, we may have disclosed the categories of personal information set forth above for one or more of the purposes set forth in this Privacy Policy, including disclosure to a service provider or other third party of MusclePharm for a business purpose.

9(c). Sale and Sharing of Personal Information and Use of Sensitive Personal Information

MusclePharm has not, in the preceding 12 months, and does not currently, sell or share your personal data for money or other valuable consideration.

We do not use your sensitive personal information for the purpose of inferring characteristics about you.

9(d).  “Shine the Light” Law

California’s "Shine the Light" law, Civil Code section 1798.83, requires certain businesses to respond to requests from California consumers asking about the business' practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email through our contact page.

How We Respond to “Do Not Track” Signals

Our Sites do not respond to DO NOT Track signals.  Third parties cannot collect any other personally identifiable information from our Sites unless you provide it to them directly.

10. Nevada Resident Privacy Rights

Nevada residents may have certain rights to opt-out of sales of their personal information under Nevada Revised Statutes Chapter 603A. However, please know MusclePharm does not currently sell data triggering this Nevada statute's opt-out requirements. If you have questions with respect to this right, please contact us through our contact page.

11. Your Choices

• Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Sites.

• Push Notifications. With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device or within our mobile applications.

• Direct Mail Marketing. To request to opt out of receiving unsolicited commercial direct mail please contact us through our contact page.

• Email Marketing. You can choose to opt out of receiving promotional emails from MusclePharm at any time. Emails will include an unsubscribe link that will remove you from future emails. You may also submit a request through our contact page.

12.Changes To This Privacy Policy

We may change this Privacy Policy from time to time. The most recent version of the Privacy Policy will always be posted on our Sites, with a posted "Effective Date". By using our Sites or otherwise providing MusclePharm with your information after the Effective Date you agree that you consent to our then-current privacy policy.

13. Contact Us

If, at any time, you would like to access, change, or request deletion of your data (please specify the kind of information you are seeking and provide your name, email address, phone number, and state of residence), or if you have questions, concerns, complaints, or comments about our Privacy Policy, please feel free to email us through our contact page or write to us at:

MusclePharm Customer Care

5214 South 136th Street

Omaha, NE

68137

If you have a complaint or concern about how we use your personal data, please contact us in the first instance and we will attempt to resolve the issue as soon as possible.

14. Accessibility

We are committed to facilitating the accessibility of our Sites for all people with disabilities. To access this Privacy Policy in an alternative format, please contact us at contact page or 402-991-5618.

AMBASSADOR AGREEMENT

THE AGREEMENT: This Ambassador Agreement (hereinafter called the "Agreement") is provided by MusclePharm Corporation , hereinafter referred to as "Company". This Agreement is a legal document between you and the Company that describes the ambassador relationship we are entering into. This Agreement covers your responsibilities as an Ambassador and our responsibilities to you. Please ensure you read and understand the entirety of this document, as well as have a lawyer's assistance if you desire, because each of the terms of this Agreement are important to our working relationship.

1) DEFINITIONS

The parties referred to in this Agreement shall be defined as follows:

e) Ambassador Application: The fully completed form which must be provided to us for consideration of your inclusion in the Ambassador Program. You can access the application at: https://mailchi.mp/musclepharm/ambassadorprogram

f) Website: The website located at: https://mailchi.mp/musclepharm/ambassadorprogram will be referred to as Website.

2) ASSENT & ACCEPTANCE

By submitting an application to our Ambassador Program, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the website immediately and do not submit an application to our Ambassador Program. This Agreement specifically incorporates by reference any Terms of Conditions, Privacy Policies, End-User License Agreements, or other legal documents which we may have on our website.

3) AGE RESTRICTION

You must be at least 18 (eighteen) years of age to join our Affiliate Program or use this Website. By submitting an application to our Affiliate Program, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of your age.

4) PROGRAM SIGN-UP

In order to sign up for our Ambassador Program, you will first be asked to submit an Ambassador Application. The Ambassador Application may be found at the following website: https://mailchi.mp/musclepharm/ambassadorprogram

Submitting an Ambassador Application does not guarantee inclusion in the Ambassador Program. The company evaluates every application and are the sole and exclusive decision-makers on Ambassador acceptance. If we choose not to allow your inclusion in the Ambassador Program, we will attempt to notify you in a reasonable manner. If you do not hear from us within a reasonable time frame, please consider your application rejected. We are not obligated to provide you any explanation for your rejection, but please be advised we may reject applicants for any reason or manner.

If your Ambassador Application is rejected, you may not reapply. If your Ambassador Application is accepted, each of the terms and conditions in this Agreement apply to your participation. We may also ask for additional information to complete your Ambassador Application or for you to undertake additional steps to ensure eligibility in the Ambassador Program such as a W-9 form and New Vendor form. 

5) NON-EXCLUSIVITY

This Agreement does not create an exclusive relationship between you and us. You are free to work with similar Ambassador program providers in any category. This agreement imposes no restrictions on us to work with any individual or company we may choose.

6) AMBASSADOR PROGRAM

After your acceptance in the Ambassador Program, you must ensure your account is set up thoroughly, including specific payout information and location (such as a bank or online account which we may use to post payment).

Please be advised the below is a general description of the Ambassador Program. Everything contained in this subsection is subject to the specific terms and conditions throughout the rest of this Agreement.

We will provide you with a specific link or links which correspond to certain products we are offering for sale (collectively, the "Link"). The Link will be keyed to your identity and will send online users to the Company's website at www. musclepharm.com . You hereby agree to fully cooperate with us regarding the Link and that you will explicitly comply with all of the terms of this Agreement for the promotion of the Link at all times. We may modify the specific link or links and will notify you if we do so. You agree to only use links which are prior approved by us and to display the Link prominently on your website or social media page, as described in your Ambassador Application (collectively, the "Ambassador Site").

Each time a user clicks through the Link posted on the Ambassador Site and completes the sale of the product or service and we determine it is a Qualified Purchase, as described below, you will be eligible to receive the following specific amount: $10 (ten US dollars).

7) SPECIFIC TERMS APPLICABLE

Company will determine whether payout is permissible in our sole and exclusive discretion. We reserve the right to reject clicks and/or sales that do not comply with the terms of this Agreement.

Processing and fulfillment of orders will be our responsibility. We will also provide real-time data regarding your account through the portal on which you log into the website.

As described above, in order to be eligible for payout, user purchases must be "Qualified Purchases." Qualified Purchases include the following:

8) PAYOUT INFORMATION

Payouts will only be available when the Company has your current address information as well as accounting and tax documentation such as your W-9 form and New Vendor form.

For any changes in your address or accounting information, you must notify us immediately at accounts.payable@musclepharm.com.

Payouts will be available after the 20th of each month and mailed to the address provided on your W-9 form.

We explicitly reserve the right to change payout information in our sole and exclusive discretion. If we do so, you will be notified.

For any disputes as to payout, the Company must be notified at accounts.payable@musclpeharm.com within thirty days of your receipt of the payout. We will

review each dispute notification as well as the underlying payout transaction to which it is related. Disputes filed after thirty days of payout will not be addressed.

9) REPORTS

You may log into your account with us to review reports related to your affiliation, such as payout reports and Qualified Click and/or Purchase information. Please be advised however, that not all listed qualifying clicks and/or purchases have been fully reviewed for accuracy in the reports viewable by you in real-time and therefore may be subject to change prior to payout.

10) TERM, TERMINATION & SUSPENSION

The term of this Agreement will begin when we accept you into the Ambassador Program. It can be terminated by either Party at any time with or without cause.

You may only earn payouts as long as you are an Ambassador in good standing during the term. If you terminate this Agreement with us, you will qualify to receive payouts earned prior to the date of termination.

If you fail to follow the terms of this Agreement or any other legal terms we have posted anywhere on our website or websites, you forfeit all rights, including the right to any unclaimed payout.

We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.

At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

11) INTELLECTUAL PROPERTY

You agree that the intellectual property owned by the Company includes all copyrights, trademarks, trade secrets, patents, and other intellectual property belonging to the Company ("Company IP").

Subject to the limitations listed below, we hereby grant you a non-exclusive, non-transferable, revocable license to access our websites in conjunction with the Affiliate Program and use the Company IP solely and exclusively in conjunction with identifying our company and brand on the Affiliate Site to send customers to the Affiliate links we provide. You may not modify the Company IP in any way and you are only permitted to use the Company IP if you are an Affiliate in good standing with us.

We may revoke this license at any time and if we find that you are using the Company IP in any manner not contemplated by this Agreement, we reserve the right to terminate this Agreement.

Other than as provided herein, you are not permitted to use any of the Company IP or any confusingly similar variation of the Company IP without our express prior written permission. This includes a restriction on using the Company IP in any domain or website name, in any keywords or advertising, in any metatags or code, or in any way that is likely to cause consumer confusion.

Please be advised that your unauthorized use of any Company IP shall constitute unlawful infringement and we reserve all of our rights, including the right to pursue an infringement suit against you in federal court. You may be obligated to pay monetary damages or legal fees and costs.

You hereby provide us a non-exclusive license to use your name, trademarks and servicemarks if applicable and other business intellectual property to advertise our Affiliate Program.

12) MODIFICATION & VARIATION

The Company may, from time to time and at any time, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement. If we update or replace the terms of this Agreement, we will let you know via electronic means, which may include an email. If you don't agree to the update or replacement, you can choose to terminate this Agreement as described below.

13) RELATIONSHIP OF THE PARTIES

Nothing contained within this Agreement shall be construed to form any partnership, joint venture, agency, franchise, or employment relationship. You are an independent contractor of the Company and will remain so at all times.

14) ACCEPTABLE USE

You agree not to use the Ambassador Program or our Company for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Ambassador Program in any way that could damage our company websites, products, services, or the general business of the Company. You further agree not to use the Ambassador Program:

15) AMBASSADOR OBLIGATIONS & FTC COMPLIANCE

You are responsible for ensuring operation and maintenance of the Ambassador Site, including technical operations, written claims, links, and accuracy of materials. You must ensure, as noted above, that the Ambassador Site does not infringe upon the intellectual property rights of any third party or otherwise violate any legal rights.

We may monitor your account, as well as clicks and/or purchases coming through your account. If we determine you are not in compliance with any of these the terms of this Agreement, we have the right to immediately terminate your participation in the Ambassador Program.

We require all of our Ambassadors comply with all applicable statutes, regulations, and guidelines set by the federal government, through the Federal Trade Commission, as well as state and local governments as mandated. The Federal Trade Commission requires that affiliate/ambassador relationships, such as the relationship between you and the Company, be disclosed to consumers.

We recommend that you seek independent legal counsel to advise you of our obligations to disclose in this manner.

You are required to post a conspicuous notice on your website that includes #mpambassador to show your association to the Company and the Ambassador Program.

The Ambassador marketing program is sponsored by MusclePharm Corporation whereby Ambassadors are eligible to receive compensation through the sale of goods made through this website offered to all of our Ambassadors registered under the program. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply. We also require you to comply with any and all applicable data privacy and security laws and regulations, including all of those which may impact your country of residence or your visitors. Such regulations include, but are not limited to, any applicable laws in the United States or the General Data Protection Regulation of the European Union. We also require that you implement adequate organizational and technical measures to ensure an appropriate level of security for the data that you process. Further, you hereby agree to comply with any requests which we may make to you regarding compliance with the General Data Protection Regulation or requests which you may receive from data subjects.

If we find you are not in compliance with any of the requirements of this sub-part, we may terminate our relationship with you at our sole and exclusive discretion.

17) DATA LOSS

The Company does not accept responsibility for the security of your account or content. You agree that your participation in the Affiliate Program is at your own risk.

18) INDEMNIFICATION

You agree to defend and indemnify the Company and any of its agents (if applicable) and hold Company harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Affiliate Program, your breach of this Agreement, or your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.

19) SPAM POLICY

You are strictly prohibited from using the Affiliate Program for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

20) ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties with respect to the Ambassador Program. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.

21) SERVICE INTERRUPTIONS

The Company may need to interrupt your access to the Ambassador Program to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.

22) NO WARRANTIES

You agree that your use of the Ambassador Program is at your sole and exclusive risk and that any services provided by us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Ambassador Program will meet your needs or that it will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Ambassador Program is your sole responsibility and that the Company is not liable for any such damage or loss.

23) LIMITATIONS OF LIABILITY

Under no circumstances shall the Company be liable for any direct, indirect, incidental, special, punitive or consequential damages that result from the use of or inability to use the website, including but not limited to reliance by a Consumer on any information obtained on the website, or that result from any mistakes, omissions, interruptions, deletions, files, e-mail errors, defects, or any failure of performance. You hereby acknowledge that this provision shall apply to all content, merchandise and services available through the website as some states do not allow the exclusion or limitation of liability for consequential or incidental damages. In such states, this disclaimer, exclusions, or limitations may not apply to you, and you might have additional rights; however, you acknowledge that the Company and its Ambassadors shall be limited to the fullest extent permitted by law. If you are dissatisfied with any portion of the website or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using the website. Also, if a product purchased through this program is dissatisfactory, your sole remedy is to return the product for a refund.

24) GENERAL PROVISIONS:

PRIVACY POLICY FOR MUSCLEPHARM
CORPORATION AMBASSADOR PROGRAM WEBSITE

Article 1 - DEFINITIONS:

Article 2 - GENERAL INFORMATION:

This privacy policy (hereinafter "Privacy Policy") describes how we collect and use the Personal Data that we receive about you, as well as your rights in relation to that Personal Data, when you visit our Website or purchase our Goods.

This Privacy Policy does not cover any information that we may receive about you through sources other than the use of our Website. The Website may link out to other websites or mobile applications, but this Privacy Policy does not and will not apply to any of those linked websites or applications.

We are committed to the protection of your privacy while you use our Website.

By continuing to use our Website, you acknowledge that you have had the chance to review and consider this Privacy Policy, and you acknowledge that you agree to it. This means that you also consent to the use of your information and the method of disclosure as described in this Privacy Policy. If you do not understand the Privacy Policy or do not agree to it then you agree to immediately cease your use of our Website.

Article 3 -CONTACT:

The Party responsible for the processing of your personal data is: MusclePharm Corporation The Data Controller may be contacted via email at mpambassador@musclepharm.com.

Article 5 - MODIFICATIONS AND REVISIONS:

We reserve the right to modify, revise, or otherwise amend this Privacy Policy at any time and in any manner. If we do so, however, we will notify you and obtain your consent to the change in processing. Unless we specifically obtain your consent, any changes to the Privacy Policy will only impact the information collected on or after the date of the change. It is also your responsibility to periodically check this page for any such modification, revision or amendment.

Article 6 - THE PERSONAL DATA WE RECEIVE FROM YOU:

Depending on how you use our Website, you will be subject to different types of Personal Data collected and different manners of collection:

a) Registered users: You, as a user of the Website, may be asked to register in order to use the Website or to purchase the Goods available for sale.

During the process of your registration, we will collect some of the following Personal Data from you through your voluntary disclosure:

First name, last name, date of birth, e-mail address

Personal Data may be asked for in relation to:

By undergoing the registration process, you consent to us collecting your Personal Data, including the Personal Data described in this clause, as well as storing, using or disclosing your Personal Data in accordance with this Privacy Policy.

Log Data: Like all websites and mobile applications, this Website also makes use of log files which store automatic information collected during user visits. The different types of log data could be as follows:

The aforementioned information is processed in an automated form and collected in an exclusively aggregated manner in order to verify the correct functioning of the site, and for security reasons. This information will be processed according to the legitimate interests of the Data Controller.

For security purposes (spam filters, firewalls, virus detection), the automatically recorded data may also possibly include Personal Data such as IP address, which could be used, in accordance with applicable laws, in order to block attempts at damage to the Website or damage to other users, or in the case of harmful activities or crime. Such data are never used for the identification or profiling of the user, but only for the protection of the Website and our users. Such information will be treated according to the legitimate interests of the Data Controller.

Article 8 - THIRD PARTIES:

The Data Controller may utilize third party service providers ("Third Party Service Providers"), from time to time or all the time, to help us with our Website, and to help serve you.

The Data Controller may use Third Party Service Providers to fulfill orders in relation to the Website; however, we only share your Personal Data with a Third-Party Service Provider if that provider agrees to our privacy standards as set out in this Privacy Policy.

Your Personal Data will not be sold or otherwise transferred to other third parties without your approval.

Notwithstanding the other provisions of this Privacy Policy, we may provide your Personal Data to a third party or to third parties in order to protect the rights, property or safety, of us, our customers or third parties, or as otherwise required by law.

Data Controller will not knowingly share your Personal Data with any third parties other than in accordance with this Privacy Policy.

If your Personal Data might be provided to a third party in a manner which is other than as explained in this Privacy Policy, you will be notified. you will also have the opportunity to request that Data Controller not share that information.

Article 11 - DISCLOSURE OF PERSONAL DATA:

Although our policy is to maintain the privacy of your Personal Data as described herein, Data Controller may disclose your Personal Data if we believe that it is reasonable to do so in certain cases, in our sole and exclusive discretion. Such cases may include, but are not limited to:

Article 12 - OPTING OUT OF TRANSMITTALS FROM US:

From time to time, we may send you informational or marketing communications related to our Website such as announcements or other information. You may also click the opt-out link which will be provided at the bottom of any and all such communications.

Please be advised that even though you may opt-out of such communications, you may still receive information from us that is specifically about your use of our Website or about your account with us.

By providing any Personal Data to us, or by using our Website in any manner, you have created a commercial relationship with us. As such, you agree that any email sent from us or third-party affiliates, even unsolicited email, shall specifically not be considered SPAM, as that term is legally defined.

Article 13 - MODIFYING, DELETING, AND ACCESSING YOUR INFORMATION:

If you wish to modify or delete any information we may have about you, or you wish to simply access any information we have about you, you may do so from your account settings page.

Article 14 - ACCEPTANCE OF RISK:

By continuing to utilize the Website and our Company Website in any manner, you manifest your continuing asset to this Privacy Policy. You further acknowledge, agree and accept that no transmission of information or data via the internet is not always completely secure, no matter what steps are taken. You acknowledge, agree and accept that we do not guarantee or warrant the security of any information that you provide to us, and that you transmit such information at your own risk.

Article 15 - YOUR RIGHTS:

You have many rights in relation to your Personal Data. Specifically, your rights are as follows:

Such rights can all be exercised by contacting us at the relevant contact information listed in this Privacy Policy.

Article 16 - CONTACT INFORMATION:

If you have any questions about this Privacy Policy or the way Company collects information from you, or if you would like to submit a complaint about anything related to this Privacy Policy, you may contact the Company at the following email address: MPLegal@musclepharm.com.