Ryde: USA – TikTok Open Affiliate Terms and Conditions
(Last Updated: 04/04/2025)
From time to time, The Water Street Collective LLC (hereinafter “We,” “Us,” “Our”) may offer a TikTok Shop Open Affiliate Program (the “Program”). By clicking the “Add Products” button or otherwise participating in the Program, you (“you” or “Creator”) agree to use and participate in the Program subject to these TikTok Creator Terms and Conditions and the Privacy Policy (the “Terms”). By opting into or participating in the Program, you accept and agree to these Terms, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below.
These Terms are limited to the Program and are not intended to modify other terms & conditions or Privacy Policy(ies) that may govern the relationship between you and Us in other contexts. These Terms are separate from TikTok Shop’s Creator Terms of Use. TikTok Shop’s Creator Terms of Use govern your relationship with TikTok, while these Terms, in addition to TikTok Shop’s Creator Terms of Use, govern your relationship with The Water Street Collective. In the event of a conflict between these Terms and TikTok Shop’s Creator Terms of Use, these Terms shall control. We reserve the right to review all materials you post on any social media platform, including but not limited to TikTok, and any other publicly available information about you to ensure alignment with Our brand image and values.
By participating in the Program, you agree that you will comply with the following:
· You must comply with these Terms to participate in the Program and receive commission income for TikTok Shop sales.
· You will promptly comply with any requests from Us to provide information about your participation in the Program and compliance with these Terms. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information.
· You agree that you will, at all times while participating in the Program, follow the brand guidelines for claims, advertising and affiliate marketing that may be provided to you from to time, including but not limited to the following:
o You agree not to state or claim that Our products are intended to diagnose, treat or cure any disease.
o You agree not to make any claims about Our products unless included in brand guidelines provided to you from time to time.
o You agree not to misrepresent the price for Our products on TikTok Shop.
o You will respect all of Our intellectual property rights and those of third parties (including but not limited to trademarks, copyrights and moral rights) as well as all consumers’ rights to data privacy. You will obtain all necessary authorizations from the rights owners before using any third parties’ intellectual property in any content, and will promptly delete infringing content.
o You will refrain from disclosing confidential information about Our brands or products to any third party, or disparaging Our products.
Term and Termination:
We may terminate your participation in the Program at any time for any reason, including but not limited to any of the following: (a) you are in material breach of these Terms, (b) We believe that Our brand or reputation, or that of Our affiliates, may be tarnished by you or as a result of your participation in the Program; (c) your participation in the Program has or appears to have been used for deceptive, fraudulent or illegal activity; (d) We believe that We may face potential claims or liability in connection with your participation in the Program; or (e) We have terminated the Program or no longer make it generally available to participants.
Our Disclaimer of Warranties and Liabilities:
No Warranty. The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, or other changes made by TikTok. Neither We nor any of Our affiliates or licensors make any representation or warranty of any kind, whether express or implied, statutory or otherwise, with respect to the Program. We do not guarantee continuous, uninterrupted, error-free, or secure access to the Program or Our services, and operation of the Program may be interfered with by numerous factors outside of our control. WE AND OUR AFFILIATES AND THEIR AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Disclaimer. We disclaim any liability for any damages, losses, injuries, or expenses caused by, arising, or resulting from, or in connection with any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of digital records, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that We are not liable for the foregoing or for any defamatory, offensive, or illegal conduct of third parties and that the risk of injury from the foregoing rests entirely with you.
Limitation of Liability. In no event shall We or Our subsidiaries and affiliates, or Our or their respective officers, directors, employees, agents, vendors, or suppliers be liable for lost profits or any special, indirect, punitive, incidental, or consequential damages arising out of or in connection with the Program or these Terms (however arising, including, without limitation, negligence). We shall not be liable to any Creator for lost or anticipated profits, or for any actions taken by any Creator based on such expectations, including any investments, commitments or expenditures made by you in connection with your participation in the Program, and We make no representations, warranties, or covenants regarding the amount of commission income you can expect to make from time to time by participating in the Program.
Indemnification:
You agree to indemnify and hold Us and Our parent, and Our respective subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand (including reasonable attorneys' fees) made by any third party due to or arising out of your breach of these Terms (or any documents these Terms incorporate by reference) or your violation of any law or the rights of a third party.
Independent Contractors:
You and We are independent contractors, and nothing herein shall be construed to create any joint employer, co-employer, partnership, sales representative or other similar relationship between us. Furthermore, nothing herein shall create an employment relationship between you and Us or any of Our affiliates, nor shall you represent to any third party that any of the foregoing relationships exists.
Dispute Resolution:
In the event that there is a dispute, claim, or controversy between you and Us, or between you and any other third-party service provider acting on Our behalf to administer the Program, arising out of or relating to federal or state statutory claims, common law claims, these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including, but not limited to, the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Winston-Salem, North Carolina before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Our principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five (5) years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days,
either party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results, of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Choice of Law:
These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina as such laws are applied to agreements entered into and to be performed entirely within North Carolina between North Carolina residents. All disputes concerning the Program and/or arising from these Terms must be resolved in accordance with the “Dispute Resolution” section above.
Changes to These Terms:
We reserve the right to change Our Terms without prior notice to you. We will update this page when we do so. You should check Our Terms frequently on this page to see recent changes. Participation in the Program following such changes constitutes your acceptance of the revised Terms then in effect.
Miscellaneous:
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unlawful, void, invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms set forth the entire understanding and agreement between you and Us with respect to the subject matter hereof.