APRIA HEALTHCARE INFLUENCER PROGRAM
TERMS AND CONDITIONS
This document outlines the terms and conditions ("Terms") governing the relationship between Apria Healthcare Group Inc. ("Apria") and individual content creators ("Influencers") participating in the Apria Influencer Program ("Program"). By enrolling in the Program through Shopify Collabs, you agree to be bound by these Terms.
1. PROGRAM OVERVIEW
The Program is designed to allow Influencers to promote Apria's products and services to their audiences in exchange for commission-based compensation. The Program is administered through Shopify Collabs, which serves as the official record-keeping and payment platform.
2. ELIGIBILITY
2.1 Qualified Participants: Individuals with established social media accounts who meet Apria's selection criteria are eligible to participate in the Program.
2.2 Exclusions: This Program is specifically NOT intended for healthcare professionals. Healthcare professionals, including but not limited to physicians, nurses, therapists, pharmacists, and other licensed medical practitioners, are expressly prohibited from participating in this Program.
3. ENROLLMENT AND ACCEPTANCE
3.1 Application Process: Enrollment in the Program must be completed through Shopify Collabs. Apria reserves the right to accept or reject any application in its sole discretion.
3.2 Electronic Insertion Order: Upon acceptance into the Program, these Terms, along with the Shopify Collabs terms, constitute an Electronic Insertion Order ("EIO") in accordance with the Apria Influencer Agreement.
3.3 Agreement to Terms: By enrolling in this Program through Shopify Collabs, you acknowledge that you have read, understood, and agree to these Terms as well as the Apria Influencer Agreement.
4. COMPENSATION STRUCTURE
4.1 Commission Rate: Influencers will receive a 10% commission on each product sold to a new customer through their unique tracking links or codes.
4.2 Attribution: All sales will be tracked and attributed through Shopify Collabs. Apria relies solely on Shopify Collabs' attribution system to determine commission eligibility.
4.3 Qualifying Period: Commissions are only payable for sales made within a 30-day window from the customer's first click on the Influencer's unique link or first use of the Influencer's promotional code.
4.4 Payment Processing: All payments will be processed through Shopify Collabs according to their standard payment schedule and policies.
5. INFLUENCER OBLIGATIONS
5.1 Compliance with Regulations: Influencers must comply with all applicable laws and regulations, including but not limited to Federal Trade Commission (FTC) disclosure requirements.
5.2 Required Disclosures: Influencers must clearly disclose their relationship with Apria in all promotional content using appropriate hashtags (such as #ad, #sponsored, or #affiliate) in accordance with FTC guidelines.
5.3 Content Guidelines: Influencers must:
- Create authentic, accurate content that does not make false or misleading claims
- Avoid making medical claims or providing medical advice
- Present products and services in a manner consistent with Apria's branding
- Obtain approval from Apria before publishing promotional content when required
5.4 Prohibited Conduct: Influencers must NOT:
- Represent themselves as healthcare professionals or Apria employees
- Provide personalized medical advice or recommendations
- Share protected health information or patient stories
- Promote Apria products for off-label uses
- Engage in activities that could damage Apria's reputation
6. TERM AND TERMINATION
6.1 Program Term: The Program relationship continues until terminated by either party.
6.2 Termination Rights: Either party may terminate the relationship at any time, with or without cause, by providing written notice to the other party.
6.3 Effect of Termination: Upon termination, Influencer must cease all promotion of Apria products and services. Any commissions earned prior to termination will be paid according to the standard payment schedule.
7. INTELLECTUAL PROPERTY
7.1 License to Use: Apria grants Influencers a limited, non-exclusive, non-transferable license to use Apria's trademarks, logos, and product images solely for the purpose of promoting Apria products through the Program.
7.2 Ownership: All intellectual property rights in Apria's materials remain the exclusive property of Apria. Influencers retain ownership of their original content, subject to Apria's license rights.
7.3 License to Apria: Influencers grant Apria a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, and display any content created for the Program for Apria's marketing purposes.
8. COMPLIANCE WITH RECORD KEEPING
8.1 Shopify Collabs Platform: Shopify Collabs will be the sole record-keeping and payments platform for this Program.
8.2 Official Records: Records maintained on Shopify Collabs will be considered the official records for purposes of determining commissions and resolving any disputes.
9. GOVERNING AGREEMENT
9.1 Apria Influencer Agreement: This Program will be managed in accordance with the Apria Influencer Agreement. Enrolling in this Program through Shopify Collabs indicates agreement with these Terms.
9.2 Conflicts: In the event of any conflict between these Terms and the Shopify Collabs terms, these Terms shall prevail to the extent of the conflict.
10. LIMITATION OF LIABILITY
10.1 Disclaimer: The Program is provided "as is" without warranties of any kind, either express or implied.
10.2 Limitation: To the maximum extent permitted by law, Apria shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the Program.
11. MISCELLANEOUS
11.1 Modification: Apria reserves the right to modify these Terms at any time. Continued participation in the Program following any modifications constitutes acceptance of the modified Terms.
11.2 Relationship: Nothing in these Terms creates an employer-employee, partnership, joint venture, or agency relationship between Apria and Influencer.
11.3 Assignment: Influencers may not assign or transfer any rights or obligations under these Terms without Apria's prior written consent.
11.4 Entire Agreement: These Terms, together with the Apria Influencer Agreement and Shopify Collabs terms, constitute the entire agreement between the parties with respect to the Program.
By enrolling in the Apria Influencer Program through Shopify Collabs, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
Last Updated: March 27, 2025