EARTHLEY WELLNESS REWARDS PROGRAM - TERMS AND CONDITIONS

(UPDATED AS OF MAY 20 2026)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY REGISTERING FOR, RECEIVING, OR USING AN EARTHLEY WELLNESS REWARDS ACCOUNT OR OTHERWISE PARTICIPATING IN AN EARTHLEY WELLNESS REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE DISPUTE RESOLUTION SECTION (INCLUDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, JURY TRIAL WAIVER, GOVERNING LAW, AND VENUE) REFERENCED BELOW, THAT AFFECT YOUR LEGAL RIGHTS, AND ANY ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT REGISTER FOR, RECEIVE, OR USE AN EARTHLEY WELLNESS REWARDS ACCOUNT, OR OTHERWISE PARTICIPATE IN ANY EARTHLEY WELLNESS REWARDS PROGRAM.    

EARTHLEY REWARDS HAVE NO CASH VALUE.

GENERAL APPLICATION OF TERMS; PRIVACY

These Terms and Conditions (the “Earthley Rewards Terms”) apply to any access to and/or participation in the Earthley rewards programs (“Earthley Rewards”) which are operated by Modern Alternative Mama, LLC dba Earthley Wellness (“Earthley”). Please read Earthley’s online Website Terms and Conditions located at https://earthley.com/terms-and-conditions, which are incorporated herein by this reference, before participating in Earthley Rewards. Your participation in Earthley Rewards is deemed to be use of the Site (as defined in the Website Terms and Conditions). In the event there is a direct conflict or inconsistency between these Earthley Rewards Terms and the Website Terms and Conditions, these Earthley Rewards Terms will prevail, govern and control with respect to any aspect of Earthley Rewards. These Earthley Rewards Terms do not otherwise alter the terms or conditions of any other agreement you may have with Earthley for other products and services, or the terms or conditions of any other promotional offers or programs conducted by Earthley outside the context of Earthley Rewards except as otherwise specifically provided herein. Information collected in connection with Earthley Rewards is governed by the Earthley Privacy Policy, which is expressly incorporated by reference. Please read the Earthley Privacy Policy at https://www.earthley.com/privacy-policy carefully to understand how Earthley collects, uses and discloses information about customers and how to update or change your personal information and/or the ways Earthley communicates with you.

ELIGIBILITY

Earthley Rewards is open to legal residents of the 50 United States of America and U.S. territories (including U.S. military base personnel) (collectively, the “United States”) who are 18 years of age or older. Earthley Rewards and earned points are intended for personal use only. Commercial use is prohibited. Earthley Rewards is not targeted toward, nor intended for use by, anyone under the age of 18.

Wholesale orders are not eligible to participate in Earthley Rewards. Affiliates do not earn Earthley Rewards for purchases made through their affiliate number.

HOW EARTHLEY REWARDS WORKS

Participants in Earthley Rewards may accumulate rewards “points” that entitle the participant to Earthley Rewards benefits, or “Rewards.” Rewards points are awarded on all Qualifying Purchases made at earthley.com in the United States, in each case excluding purchases made on Amazon.com, TikTok Shop, Walmart.com, purchases of gift cards, in-store purchases, shipping, charitable donations, and/or purchases made from any third-party wholesale seller (“Qualifying Purchase”). Purchases begin accumulating points upon the first qualifying purchase linked to their Earthley Rewards account number.

HOW TO ENROLL

To enroll in Earthley Rewards and begin accumulating points: (i) participants who have not created an account through the website located at www.Earthley.com must first create an account and agree to participate in Earthley Rewards, which may at the participant’s option include opting-in to receive marketing communications from Earthley via e-mail or SMS or other text message communication; or (ii) participants who already have an account can join Earthley Rewards by updating their profile preferences on the “My Account” page. No purchase is necessary to enroll in Earthley Rewards. Participants are not required to opt-in to receive marketing communications via SMS and/or email in order to participate in Earthley Rewards or as a condition of purchasing any goods or services, however participants will be required to receive system notifications via email in the event they make a purchase. Participants who opt-in to receive marketing communications acknowledge that Earthley and/or its designee may send them commercial text messages and/or emails using automated technology. Participants who elect to opt-in consent and agree to that type of contact. Wireless service providers may charge participants for each text message, including any error message, that is sent and received in connection with Earthley Rewards. Participants should consult their wireless service provider’s pricing plan for details. Participants can opt out at any time.

REGISTERING FOR EARTHLEY REWARDS

Registration for Earthley Rewards requires you to provide your first name, last name, password, valid email address, mobile telephone number, birthday, current residence address, and marketing preferences, and you may also be provided the opportunity to provide other information.

If you change your residence location to one that is not located within the United States your Earthley Rewards account will be deactivated. Once deactivated, you will no longer be able to accumulate points or receive or redeem Rewards under your Earthley Rewards account. Previously credited points and Rewards may also expire as described below.

You may have only one Earthley Rewards account registered to you, and additional accounts in your name or otherwise controlled by you may be deactivated by Earthley in its sole discretion.

ACCUMULATING POINTS

You may accumulate points for any Qualifying Purchase made on and after your date of enrollment in Earthley Rewards. Ten (10) points are awarded for each one dollar ($1.00) spent, rounded down to the nearest whole point, on a Qualifying Purchase, subject to the Earthley Rewards Terms. For example, a participant who spent $10.47 on a Qualifying Purchase would receive 104 Points. To receive credit for an online Qualifying Purchase and accumulate points, you must have a registered account at Earthley.com and have linked your Earthley Rewards number with your account. Points will not be awarded for Qualifying Purchases if you check out as a guest and not via your Earthley Rewards account. Earthley reserves the right to retroactively award points not meeting these conditions in its sole discretion and only upon provision of a valid receipt by you regarding such Qualifying Purchase; however, points will not be awarded for (i) purchases occurring prior to your enrollment in Earthley Rewards; or (ii) purchases made more than thirty (30) days prior to a request made to Earthley for such credit. In no event will Earthley retroactively award points to any Earthley Rewards account for more than two purchases within one calendar month.

In order to accumulate points, Qualifying Purchases must be paid in cash, with a valid debit or credit card, mobile wallet, or with a valid Earthley gift card; purchases using other currency or promotional offers (such as redemption of a Reward) will accrue points only for the amounts, if any, paid in cash, with a valid debit or credit card, mobile wallet, or a valid Earthley gift card, after applying any available discount or other promotion.

Some exclusions apply. For example, purchases of Earthley gift cards (including activations or reloads) do not accumulate points. Taxes, tips, donations, shipping costs and fees, will also be excluded from a purchase total when computing points on Qualifying Purchases.

If you void, cancel or receive a refund of a Qualifying Purchase credited toward accumulation of points, Earthley reserves the right to deduct or credit the points associated with that purchase from or to your account, as the case may be, on a pro-rata basis.

TIMING OF THE ADDITION OF POINTS TO ACCOUNTS

Points earned on Qualifying Purchases will be credited within 24 hours after order placement. The timing for issuing points is subject to change.

REDEEMING EARTHLEY REWARDS

Generally. Rewards points earned by a participant may be redeemed for discounts on products online at earthley.com in the United States and in increments of 1,000 points. In addition to the other limitations below, Rewards points cannot be redeemed on gift card purchases, shipping and handling charges, fees, charitable donations, taxes, or on purchases made on any third-party wholesale/retail site, Walmart.com, Amazon.com or on TikTok Shop.

Points towards Products. Participants can use their Rewards to reduce the purchase price of a qualifying product based on the following scale: 1,000 points = $3.00 off.

Rewards can be redeemed, subject to the limitations outlined below, only in increments of 1,000. For example, if a participant wants to redeem 1,500 points, the transaction will only allow the participant to redeem 1,000 points and receive $3.00 off the purchase price. The remaining 500 points would remain in the participants Earthley Rewards account. Redemption of Rewards points towards purchase of products is subject to product availability.

You may not redeem Rewards points that would provide discounts in excess of the purchase price of the product(s). For example, if your Qualifying Purchases at checkout total $25.00, you would be limited to redeeming 8,000 points, equal to $24.00 off the purchase price.

Refund On Purchase. Once your points have been redeemed, they are gone, and there are no refunds or exchanges for additional points, cash, or other goods and services, except if you are refunded the purchased item(s) that your Rewards points were redeemed toward. In the event you receive a refund for the purchase of product that was paid for (in whole or in part) with Rewards points, the refund will be processed in the same form as the original payment and any Rewards points used towards the refunded purchase will be credited to your account.

Rewards may be subject to additional terms, conditions, restrictions, or limitations, which may be added to these Earthley Rewards Terms from time to time. 

TRACKING YOUR ACCOUNT; POINTS EXPIRATION

Earthley Rewards participants can view Qualifying Purchases and available Rewards points by logging into the participant’s account at https://earthley.com/my-account. Earthley reserves the right to change the accrual rate of points and/or the benefits associated with the Rewards points in its sole discretion at any time. Rewards expire one (1) year after their credit to participant’s account, unless sooner terminated as a result of an account being deactivated and/or termination of Earthley Rewards.

SPECIAL OFFERS

Earthley may from time to time in its sole discretion make available to select or all participants in Earthley Rewards the opportunity to earn additional points, bonus Rewards or other program features, through special offers, challenges, bonuses, or other promotions. The terms, conditions, benefits, and eligibility applicable to any such special offers will be determined by Earthley in its sole discretion and communicated to participants in conjunction with any such offers. An opt-in or activation may be required to participate in some such special offers, as specified in the announcement of, and/or any terms and conditions for, such special offers. Because any terms and conditions associated with such special offers may be different from or in addition to provisions of these Earthley Rewards Terms, you should read any such terms and conditions carefully before participating.   Earthley may discontinue or alter the terms of any Rewards program special offers at any time.

LIMITATIONS, RESTRICTIONS, AND OTHER TERMS

Your digital Earthley Rewards ID number or other identifier associated with your Earthley Rewards account and any accumulated Rewards points are personal to you and may not be sold, transferred, or assigned to, or shared with, family, friends, or others, or used by you for any commercial purpose. You may have only one Earthley Rewards account. Points accumulated on different accounts of different participants may not be combined or aggregated to make purchases of products or for any other reason. Points earned in a transaction cannot be redeemed in the same transaction. Rewards cannot be applied to prior purchases, unless otherwise specifically stated in these Terms.

Earthley’s determinations of participant eligibility or any questions or disputes arising under the Earthley Rewards Program or these Earthley Rewards Terms, shall be final and binding and not subject to challenge or appeal. Other than as set forth in the “Dispute Resolution” section below, nothing in these Earthley Rewards Terms will limit Earthley from exercising any legal or equitable rights or remedies that it may have.

Without notice to you, Earthley reserves the right to suspend and/or terminate any Earthley Rewards account and/or your participation in Earthley Rewards if Earthley determines in its sole discretion that you have violated these Earthley Rewards Terms, you have more than one Earthley Rewards account, or that the use of your Earthley Rewards account is unauthorized, deceptive, fraudulent, unlawful, or intentionally subverts the purposes of these Earthley Rewards Terms. Earthley may, in its sole discretion, suspend, cancel, or combine accounts that appear to be duplicative. In the event that your participation in Earthley Rewards is terminated, either by Earthley or you, then all accumulated points and Rewards in your account are void.

Rewards points, account status, and other benefits accumulated under the Earthley Rewards program have no cash value and may not be redeemed for cash or sold, auctioned, bartered, brokered, purchased, transferred, assigned, or used to engage in any gambling activity. Any Rewards used or obtained in this manner by any person or entity may be confiscated or canceled.

Earthley is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail as a result of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including, without limitation, any resulting error in computing qualifying purchases or any unavailability of Rewards, or any injury or damage to any participant’s or any other person’s computer or mobile device related to or resulting from participation in Earthley Rewards. If, for any reason, the Earthley Rewards program is not capable of running as planned, including due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Earthley which corrupt or affect the administration, security, fairness, integrity, or proper conduct of any Earthley Rewards program, Earthley reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Earthley Rewards program or otherwise respond to the circumstances as Earthley deems appropriate.

CHANGES TO EARTHLEY REWARDS

Earthley reserves the right to change, update and/or discontinue, in whole or in part, Earthley Rewards or any portion of the program, all or any portion of these Earthley Rewards Terms, and/or any policy, guidelines or disclosures pertaining to Earthley Rewards, at any time in its sole discretion and without advance notice to you or any other participants. Earthley reserves the right to modify, amend, or revise the Rewards that are made available. Participants may not rely on the continued availability of a particular Reward. The number of points required to purchase products may be substantially increased, and restrictions on any Rewards or their redemption may be imposed by Earthley. Unless otherwise specified, any changes or modifications will be effective immediately upon posting the revisions to these Earthley Rewards Terms, and you waive any right you may have to receive specific notice of such changes or modifications. If we change or modify the Earthley Rewards Terms, we will revise the “last updated” date located at the top of these Earthley Rewards Terms. If you continue to participate in the Earthley Rewards program by earning points, redeeming points, logging into your account or otherwise participating in the program in any way after a change to these Earthley Rewards Terms, you will be deemed to have read, understood and unconditionally consented and agreed to such changes; therefore, you should review these Earthley Rewards Terms and applicable policies frequently to understand the terms and conditions that apply to Earthley Rewards. If you do not agree to the Earthley Rewards Terms, you must stop participating in Earthley Rewards.

DISPUTE RESOLUTION

Your participation in the Earthley Rewards program constitutes your acknowledgment of and agreement to the Dispute Resolution provision of the Earthley Wellness website Terms and Conditions, which are incorporated by reference herein and available at https://earthley.com/terms-and-conditions. If you do not agree to be bound by this Dispute Resolution provision, you are not permitted to participate in the Earthley Rewards program. The Dispute Resolution provision affects your legal rights and limits your ability to file a lawsuit or other certain causes of action against Earthley.

GOVERNING LAW AND VENUE

You agree that the laws of the state of Ohio, without regard to conflicts of laws provisions, will govern the Earthley Rewards and the Earthley Rewards Terms and any dispute that may arise between you and Earthley and/or its affiliates. Venue shall be in the state and federal courts with jurisdiction over Franklin County, Ohio.

LIMITATIONS ON LIABILITY/INCONTESTABILITY

UNDER NO CIRCUMSTANCES SHALL EARTHLEY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE EARTHLEY REWARDS PROGRAM, EVEN IF ANY OR ALL OF EARTHLEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF AN EARTHLEY REWARDS PARTICIPANT PROVES THAT EARTHLEY HAS IMPROPERLY DENIED SUCH PARTICIPANT ANY REWARD, THEN THE PARTICIPANT’S SOLE AND EXCLUSIVE REMEDY UNDER SUCH CIRCUMSTANCES WILL BE TO RECEIVE THE EQUIVALENT REWARD. PARTICIPANTS IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.

BY PARTICIPATING IN THE EARTHLEY REWARDS PROGRAM, EACH EARTHLEY REWARDS PARTICIPANT AGREES THAT ANY LEGAL, EQUITABLE OR OTHER CLAIM OR CAUSE OF ACTION ARISING IN WHOLE OR IN PART OUT OF OR OTHERWISE RELATED TO THE EARTHLEY REWARDS PROGRAM MUST BE NOTICED WITHIN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.  EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT THIS ONE (1)-YEAR CONTRACTUAL LIMITATIONS PERIOD IS NOT SUBJECT TO TOLLING AND MAY BE SHORTER THAN THE DEFAULT STATUTE OF LIMITATIONS THAT WOULD OTHERWISE APPLY.  AFTER SUCH ONE (1)-YEAR PERIOD, THE AFFECTED CLAIM OR CAUSE OF ACTION WILL BE DEEMED TIME BARRED AND WAIVED, AND THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE AFFECTED CLAIM OR ACTION IS BASED SHALL BE DEEMED INCONTESTABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

SEVERABILITY AND SURVIVAL

Except as otherwise specifically provided herein, if any provision of these Earthley Rewards Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

In addition to such other provisions hereof which, by their terms, survive any termination or expiration of these Earthley Rewards Terms, the following sections shall survive termination: (i) Dispute Resolution; (ii) Governing Law and Venue; and (iii) Limitations on Liability/Incontestability.