Wholesale Branding Guide

During the term of your Wholesale Retailer Agreement, Earthley grants you (“Retailer”) a non-transferable, non-exclusive, limited license to use Earthley’s approved logos, trademarks, trade names, product images, and other approved brand materials (“Earthley Marks”) solely for the purpose of identifying, advertising, promoting, and selling authentic Earthley products.

Use of Earthley Branding. Retailer may use Earthley Marks in connection with the promotion and sale of Earthley products. For example, Retailer may:

• Display the Earthley logo or name on or near a display of Earthley products.
• Use signage stating, “We carry Earthley products.”
• Use the Earthley logo in advertisements promoting Earthley products, sales, or special offers.
• Use Earthley-provided or Earthley-approved product images and marketing materials.

Retailer may not alter Earthley Marks, including changing the Earthley logo’s colors, fonts, proportions, design, wording, or other elements. Retailer may not use Earthley Marks in a way that states or implies that Retailer is Earthley, is owned or operated by Earthley, or is in a joint venture with Earthley.

Retailer’s limited license to display Earthley Marks will end as described in Section 12(d) of the Wholesale Retailer Agreement.

Marketing and Product Claims. Retailer is required to follow Earthley’s approved product information (which can be found on Earthley’s website product information descriptions and/or in the Earthley Product Catalog) and to comply with all applicable FDA, FTC, and other legal requirements when advertising or promoting Earthley products.

Retailer may not create, modify, exaggerate, or otherwise communicate Earthley product claims that are false, misleading, unsubstantiated, or inconsistent with Earthley-approved product claims. Retailer may not state or imply that an Earthley product diagnoses, treats, cures, mitigates, or prevents a disease.

Retailer is responsible for ensuring that its marketing efforts regarding Earthley products communicate the same FDA/FTC compliant language as Earthley-approved materials. This requirement applies to all marketing efforts of Retailer including its websites, social media, emails, advertisements, signage, videos, testimonials, product descriptions, verbal sales statements, and other promotional materials.

Examples of acceptable marketing language may include, when approved by Earthley for the applicable product (see the product’s information page on the Earthley website for the examples that are approved for a particular product):

✓ “Supports a healthy immune system.”

✓ “Supports digestive health.”

✓ “Supports normal muscle function.”

✓ “Supports a healthy inflammatory response.”

✓ “Helps maintain healthy sleep habits.”

✓ “Traditionally used to support respiratory wellness.”

Examples of unacceptable marketing language include:

✗ “Treats the flu.”

✗ “Prevents colds.”

✗ “Cures anxiety.”

✗ “Treats IBS.”

✗ “Gets rid of inflammation.”

✗ “Works better than prescription medication.”

✗ “Use this instead of your medication.”

The examples above are for illustrative purposes only. Retailer should use only claims that Earthley has approved for the specific product being promoted.

Retailer may not use customer testimonials, personal experiences, images, hashtags, product comparisons, or other marketing techniques to communicate a claim that Retailer would otherwise be prohibited from making directly. Retailer is responsible for complying with all FTC advertising guidelines. Information is provided by the FTC at https://www.ftc.gov regarding regulations and guidance that pertain to marketing and advertising claims.

All Earthley Marks and intellectual property remain the sole and exclusive property of Earthley. Nothing in this Branding Guide transfers ownership of Earthley’s trademarks, copyrights, logos, trade names, or other intellectual property to Retailer.