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Authorized Retailer PolicyUpdated 5 months ago

Dear Retailer, At Seeking Health, LLC, we are committed to you—the retailer partners that help our company satisfy customer needs and deliver best-in-class health supplements. As you know, in order to protect our brand and the integrity of our authorized distribution channels, Seeking Health announced and implemented an Authorized Reseller Program, effective October 1, 2020. Please be advised that Seeking Health is updating the terms of its Authorized Reseller Program, effective August 15, 2022. Your obligations under our Authorized Reseller Program are outlined in the Seeking Health, LLC Authorized Retailer Policy, which is attached for your review. Please note that you are expected to comply with the terms of the enclosed Retailer Policy to remain an “Authorized Retailer” of Seeking Health products. The key features of the Retailer Policy are noted below:  Where and to Whom You May Sell Our Products: Pursuant to the Authorized Retailer Policy, you are permitted to sell Seeking Health products solely to end users and not to persons or entities who intend to resell Seeking Health products. You must also have current a licensure/certification as a healthcare professional in good standing verified by Seeking Health before selling Seeking Health products, unless such requirement has been waived by Seeking Health. In addition, you may not market for sale or ship Seeking Health products outside of the United States without our prior written consent.  Limitations on Online Sales: The Authorized Retailer Policy restricts the manner in which you may sell Seeking Health products online. Specifically, if you wish to sell Seeking Health products online, you must follow our Seeking Health, LLC Online Sales Guidelines and limit online sales to your own proprietary website unless you have received Seeking Health’s separate written consent to sell elsewhere. You may not sell Seeking Health products as a third-party seller on marketplace websites such as Amazon, eBay, or Walmart Marketplace, without prior written consent from Seeking Health. Our rules regarding online sales will be strictly enforced.  Ensuring Product Quality and Satisfaction: To ensure that the consumers who purchase Seeking Health products have the best experience possible, the Authorized Retailer Policy outlines our expectations for the service you will provide to your customers. The Authorized Retailer Policy also describes certain steps you must take to maintain the quality of Seeking Health products until they reach consumers.  California Proposition 65 Compliance: Please be advised that certain Seeking Health products require the Prop 65 warning when they are sold to customers located in the state of California. It is your responsibility to ensure that all sales to California customers are conducted in compliance with Prop 65, as further described in the Authorized Retailer Policy. Thank you for your careful attention to the Authorized Retailer Policy and for your continued support of our brand. Sincerely, Seeking Health, LLC


SEEKING HEALTH, LLC AUTHORIZED RETAILER POLICY Effective Date: October 1, 2020; Last Updated: August 15, 2022 This Seeking Health, LLC Authorized Retailer Policy (“Retailer Policy”) is issued by Seeking Health, LLC (“Seeking Health”) and applies to Authorized Retailers of Seeking Health products (“Product(s)”) in the United States of America. By purchasing Products from Seeking Health for retail sale, you (“Retailer”) agree to adhere to the following terms. This Retailer Policy supplements any then-current retailer agreement between you and Seeking Health. Until such status is otherwise revoked by Seeking Health, in Seeking Health’s sole and absolute discretion, Retailer shall be considered an “Authorized Retailer” hereunder. Seeking Health may review Retailer’s activities for compliance with this Retailer Policy and Retailer agrees to cooperate with any such investigation, including, but not limited to, permitting inspection of Retailer’s facilities and records related to the sale of the Products. 1. Authorized Customers. Retailer is authorized to sell Products to End Users. An “End User” is a purchaser of the Products who is the ultimate consumer of the Products and who does not intend to resell the Products to any third party. Retailer shall not sell or transfer Products to any person or entity Retailer knows or has reason to know intends to resell the Products. Retailer shall not sell or transfer a quantity of the Products to any individual greater than that typically purchased for personal use. Retailer shall not sell, ship, invoice, or promote the Products outside the United States of America without Seeking Health’s prior written consent. 2. Online Sales. Retailer is authorized to advertise and sell Products through Permissible Public Websites in accordance with the terms herein. A “Permissible Public Website” is a website or mobile application that: (i) is operated by Retailer in Retailer’s legal name or registered fictitious name; (ii) conspicuously states Retailer’s legal name or registered fictitious name, mailing address, telephone number, and email address; (iii) does not give the appearance that it is operated by Seeking Health or any third party; and (iv) is operated in compliance with the terms and conditions set forth in the Online Sales Guidelines, attached hereto as Exhibit A, as Seeking Health may amend from time to time. Retailer shall not advertise or sell Products on or through any website, online marketplace (including but not limited to, Amazon, eBay, Walmart Marketplace, or Sears Marketplace), mobile application, or other online forum other than a Permissible Public Website without the prior written consent of Seeking Health. Seeking Health reserves the right to terminate, at any time and in its sole discretion, its approval for Retailer to market and sell Products on the Permissible Public Websites, and Retailer must cease all such marketing and sales on the Permissible Public Websites immediately upon notice of such termination. The terms of this Retailer Policy supersede any prior agreement between Seeking Health and Retailer regarding the sale of the Products online. 3. Sales Practices. Retailer shall conduct its business in a reasonable and ethical manner at all times and shall not engage in any deceptive, misleading, or unethical practices or advertising at any time. Retailer shall not make any warranties or representations concerning the Products except as expressly authorized by Seeking Health. Retailer shall comply with any and all applicable laws, rules, regulations, and policies related to the advertising, sale, and marketing of the Products including environmental regulations and restrictions and territorial sales restriction applicable to the Products. Retailer shall represent the Products in a professional manner and refrain from any conduct that is or could be detrimental to the reputation of Seeking Health. Unless such requirement has been waived by Seeking Health, Retailer (a) if an individual, must have a current licensure/certification as a healthcare professional in good standing verified by an Authorized Seeking Health Distributor (such professional, an “HCP”), and if a business entity, must have an HCP as an owner, member, operator, manager, director, or similar authority involved with any sales of the Products. 4. Product Care, Customer Service, and Other Quality Controls. (a) Retailer shall comply with all instructions provided by Seeking Health regarding the storage, handling, shipping, disposal, or other aspect of the Products, including instructions provided on Product labels. Retailer shall store Products in a cool, dry place, away from direct sunlight.

(b) Retailer shall sell Products in their original packaging. Relabeling, repackaging (including the separation of bundled Products or the bundling of Products), and other alterations to Products or their packaging are not permitted. Retailer shall not remove, translate, or modify the contents of any label or literature on or accompanying the Products. Retailer shall not tamper with, deface, or otherwise alter any serial number, UPC code, batch or lot code, or other identifying information on Products or their packaging. (c) Retailer shall not advertise or sell any Product that has been returned open or repackaged. (d) Promptly upon receipt of the Products, Retailer shall inspect the Products and their packaging for damage, defect, broken seals, evidence of tampering, or other nonconformance (a “Defect”). If any Defect is identified, Retailer must not offer the Product for sale and must promptly report the Defect to Seeking Health at [email protected] or (800) 547-9812. (e) Retailer shall sell the Products on a first-in-first-out (FIFO) basis. (f) Retailer shall inspect its inventory regularly for expired or soon-to-be expired Products. Retailer shall not sell any Products that are expired or within 50 days of expiration. Retailer shall destroy or dispose of expired or soon-to-be expired Products in accordance with instructions provided by Seeking Health. (g) Retailer shall be familiar with the special features of all Products marketed for sale and must obtain sufficient Product knowledge to advise customers on the selection and safe use of the Products, as well as any applicable guarantee or return policy. Retailer must be available to respond to customer questions and concerns both before and after sale of the Products and should endeavor to respond to customer inquiries promptly. (h) Retailer shall cooperate with Seeking Health with respect to any Product tracking systems that may be implemented from time to time. (i) Retailer shall cooperate with Seeking Health with respect to any Product recall or other consumer safety information dissemination efforts. (j) Retailer shall promptly report, to the extent permitted by applicable law, any customer complaint, adverse claim, and/or “serious adverse event” (as defined under 21 U.S.C. §379aa-1(a)(2)) regarding its customers’ the use of Products of which it becomes aware to Seeking Health at [email protected] or (800) 547- 9812. Retailer shall assist Seeking Health in investigating any such complaints, adverse claims, or “serious adverse event.” (k) Retailer shall cooperate with Seeking Health in the investigation and resolution of any quality or customer service issues related to Retailer’s sale of the Products, including disclosing information regarding Product sources, shipment, and handling. 5. Intellectual Property. Retailer acknowledges and agrees that Seeking Health, LLC owns all proprietary rights in and to the Seeking Health brand, name, logos, trademarks, service marks, trade dress, copyrights, and other intellectual property related to the Products (the “Seeking Health IP”). Retailer is granted a limited, non-exclusive, non-transferable, revocable license to use the Seeking Health IP solely for purposes of marketing and selling the Products as set forth herein. This license will cease upon termination of Retailer’s status as an Authorized Retailer. All goodwill arising from Retailer’s use of the Seeking Health IP shall inure solely to the benefit of Seeking Health. Retailer’s use of the Seeking Health IP shall be in accordance with any guidelines that may be provided by Seeking Health from time to time and must be commercially reasonable as to the size, placement, and other manners of use. Seeking Health reserves the right to review and approve, in its sole discretion, Retailer’s use or intended use of the Seeking Health IP at any time, without limitation. Retailer shall not create, register, or use any domain name or any mobile application that contains any Seeking Health product name or any trademark owned by Seeking Health, nor a misspelling or confusingly similar variation of any Seeking Health product name or any trademark owned by Seeking Health. 

6. Termination. If Retailer violates this Retailer Policy, Seeking Health reserves the right to terminate Retailer’s status as an Authorized Retailer with written or electronic notice. Upon termination of a Retailer’s status as an Authorized Retailer, Retailer shall immediately cease (i) selling the Products; (ii) acting in any manner that may reasonably give the impression that Retailer is an Authorized Retailer of Seeking Health Products or has any affiliation whatsoever with Seeking Health; and (iii) using all Seeking Health IP. 7. Modification. Seeking Health reserves the right to update, amend, or modify this Retailer Policy at any time. Unless otherwise provided, such amendments will take effect immediately, and Retailer’s continued use, advertising, offering for sale, or sale of the Products, use of the Seeking Health IP, or use of any other information or materials provided by Seeking Health to Retailer will be deemed Retailer’s acceptance of the amendments. 8. Confidentiality. This Retailer Policy, and its attachments, if any, constitute confidential, proprietary information of Seeking Health and shall not be used for any purpose other than the authorized advertising and sale of the Products nor disclosed to any third party without the prior written consent of Seeking Health. 9. Licensure Requirement. Upon Seeking Health’s request, Retailer shall promptly provide a copy of its valid (non-expired) health professional license/certification it has to Seeking Health. If such documentation expires, Seeking Health will reach out to obtain an updated, current copy of the license. Seeking Health reserves the right to waive such requirement or to revoke any Retailer’s status as an Authorized Retailer for failure to provide Seeking Health with this documentation. 10. California Proposition 65 Compliance. California Proposition 65 Compliance. ("Prop 65") is a California law that requires companies and establishments to notify California residents about the presence of certain substances, even at extremely low levels, in consumer products. More information about Prop 65 can be found at https://oehha.ca.gov/proposition-65. Certain Seeking Health products require the Prop 65 warning when they are sold to customers located in the state of California. It is the Authorized Retailer’s responsibility to ensure that all sales to California customers are conducted in compliance with Prop 65. For in-person sales in California, the Prop 65 warning must be provided on a shelf sign or tag or an on-product warning (sticker or label). Additionally, for online sales to customers in California, Prop 65 requires that the warning (or a clearly marked hyperlink to the warning) be displayed to customers prior to completing the purchase of the product requiring the warning, in addition to having the warning on the product itself (on labeling or applied sticker). Prop 65 warnings for Seeking Health products will be provided to you using one or more of the following methods: 1. On the product label; 2. On the product page on the website, below the description; or 3. On your packing slip. If you intend to resell the product to consumers in the state of California, you will need to provide the same type of warning to your customers in order to comply with Prop 65. We suggest that you consult with qualified legal counsel if you do business in the state of California, or if you sell products on the web to customers in the state of California, to ensure that your store, clinic, website, etc. are compliant with Prop 65. Authorized Retailers are required to comply with all laws and regulations that apply to them and their business.

SEEKING HEALTH, LLC ONLINE SALES GUIDELINES Retailer’s approval to sell the Products on Permissible Public Websites is conditioned on adherence to the following terms and conditions: 1. The Permissible Public Websites must not give the appearance that they are operated by Seeking Health or any third party. 2. Anonymous sales are prohibited. Retailer’s full legal name or registered fictitious name, mailing address, email address, and telephone contact must be stated conspicuously on the Permissible Public Websites and must be included with any shipment of Products from the Permissible Public Websites or in an order confirmation email delivered at the time of purchase. 3. At Seeking Health’s request, Retailer will reasonably cooperate in demonstrating and/or providing access to, and copies of, all web pages that comprise the Permissible Public Websites. 4. The Permissible Public Websites shall have a mechanism for receiving customer feedback and Retailer shall use reasonable efforts to address all customer feedback and inquiries received in a timely manner. Retailer agrees to provide copies of any information related to customer feedback (including any responses to customers) to Seeking Health for review upon request. Retailer agrees to cooperate with Seeking Health in the investigation of any negative online review associated with Retailer’s sale of the Products and to use reasonable efforts to resolve any such reviews. Retailer shall maintain all records related to customer feedback for a period of one year following the creation or submission of such a record, to the extent legally permitted. Nothing in this paragraph shall be construed to require Retailer to disclose identifying information about its customers to Seeking Health. 5. The Permissible Public Websites shall be in compliance with all applicable privacy, accessibility, and data security laws, regulations, and industry standards. 6. Retailer shall be responsible for all fulfillment to its customers who order Products through Permissible Public Websites, any applicable taxes associated with such purchases of Products, and any returns of Products. 7. Unless separately authorized by Seeking Health in writing, Retailer shall not use any third-party fulfillment service to store inventory or fulfill orders for the Products. Under no circumstances shall Retailer fulfill orders in any way that results in the shipped Product coming from stock other than Retailer’s. 8. In marketing the Products on the Permissible Public Websites, Retailer shall only use images of Products either supplied by or authorized by Seeking Health and shall keep all Product images and descriptions up to date. Retailer shall not advertise Products not carried in inventory. 


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