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Affiliate Agreements
Declaration for Selling Regulated Hemp and Hemp-Derived Products on Wix.com, Inc.
This declaration was signed and approved on 6/21/2021
Users based in the U.S. may offer hemp and hemp-derived products, including cannabidiol (CBD) and cannabinoids, on their Wix site if such sales are made in accordance with U.S., state and federal law. The products must be derived from hemp, as defined in the Agriculture Improvement Act of 2018 (“Farm Bill”). They must also comply with relevant federal and state laws and regulations, as well as Wix’s requirements.
What does derived from hemp mean?
As a U.S. merchant, you must comply with federal and state law, as well as FDA and other applicable regulations, defining what hemp-derived CBD products you can legally sell.
I hereby confirm that:
Nalevanko Industries, LLC.
Nalevanko Industries, LLC. is operated and managed from within a U.S. state or territory that allows for the sale of hemp and hemp-derived products in my product and as defined above.
Nalevanko Industries, LLC. will comply with all applicable federal, state, and local laws, including the requirements of the U.S. Food and Drug Administration (FDA), the U.S. Department of Agriculture, the U.S. Drug Enforcement Administration, and any other applicable authorities.
Products
All the hemp and hemp-derived CBD and cannabinoid products offered and sold through my Wix website:
(a) Do not contain a delta-9 tetrahydrocannabinol (THC) concentration of more than 0.3 percent on a dry weight basis.
(b) Do not contain any controlled substances as defined in Schedule I-V of Title 21 United States Code (USC) §801 et. seq.; Controlled Substances Act.
(c) Only are sold in accordance with all applicable permits, licenses, and approvals required, if any, by federal, state, and local laws.
(d) Not sold as food (including animal food or feed), dietary supplements, or drugs (including prescription or over-the-counter drugs), unless allowed under applicable federal, state, and local laws and approved for such use by the FDA, if required.
(e) Have been tested and processed in accordance with all applicable federal, state and local laws, if required.
(f) Are not currently the subject to any ongoing or pending recall, safety or import alert.
Shipping, Marketing & Labeling:
All of the hemp and hemp derived products offered and sold through my Wix website are:
(a) Not labeled or promoted with drug or disease claims unless reviewed and approved by the FDA, if required.
(b) Described, packaged, and labeled in accordance with all applicable federal, state and local laws.
(c) Marketed in accordance with required label statements, whether by FDA, or any other applicable federal, state and local authority, and contain only true and accurate labeling and marketing claims.
(d) Shipped only within the U.S., to buyers in states where such products are legal and through shipping providers which allow such items.
(e) Use payment providers that allow the sale of hemp and hemp derived products.
General:
(a) I understand that from time-to-time, Wix, at its sole discretion, may require me to provide written confirmation and evidence of my compliance with this declaration and applicable laws. I agree to provide such documents promptly upon request.
(b) I will immediately notify Wix of any legal or compliance action taken, threatened, or pending, against me and/or my business, including any complaint, warning letter, enforcement measure, recall, import or safety alert, or other regulatory compliance action related to sale of hemp and hemp derived products, and will immediately take all necessary action to respond promptly and settle any such claims.
(c) I am aware and agree that Wix may close my site, remove products, or disconnect my site from my payment provider in the event that Wix, at its sole discretion, suspects that my website is not compliant with applicable laws this declaration, or for any other reason that may otherwise damage Wix or its business partners.
(d) I acknowledge and agree that any information provided on my Wix website with respect to hemp and hemp derived products is provided for informational purposes only and does not constitute legal advice. I further confirm that I will consult with a knowledgeable attorney to answer any questions I may have regarding the sale of hemp and hemp derived products.
(e) I understand that it is my obligation to understand and comply with federal, state, and local laws governing the sale of my products.
(f) If applicable, I hereby confirm that I am duly authorized to represent the legal entity for which I am signing with respect to this declaration.
Square Agreement
What CBD products am I allowed to sell?
Square currently allows sellers in the EAP to accept payments for hemp and hemp-derived CBD products that have less than, or equal to, 0.3% THC in most states within the United States. If you sell CBD products, including, for example, oil, flower, seeds, lotions, topicals, wax, etc., your business is required to be in the EAP. These products must be produced and sold in compliance with applicable law, including, but not limited to, the 2018 Farm Bill, and relevant state laws.
What products am I not allowed to sell?
Square does not allow any sellers to sell marijuana, marijuana derived products, products that contain more than 0.3% THC, illegal drugs, and products that otherwise violate Square’s Payment Terms (e.g. kratom, kava, paraphernalia, bongs, pipes, etc.).
Can I sell hemp flowers?
Hemp flower is permitted only if you provide lab certification confirming the THC level and ingredients. Please note that marijuana sales are not allowed, and Square has no plans to support such sales.
Can I sell CBD vapes online?
Square does not currently generally restrict the CNP sale of CBD-only vapes. However, please be aware that we cannot support the sale of CNP age-restricted products, including e-cigarettes (please see Section 3 of the Payment Terms). Additionally, if there are local rules around selling CBD-only vaping products in your business’ jurisdiction, those must be complied with.
If I’m not a CBD business, and carry only a few CBD products, do I still need to be in the program?
If you sell any CBD products, no matter how few, you must be in the EAP.
Medical Claims
What is Square’s stance on medical claims associated with CBD?
Our program is industry leading, which means we must be extra diligent about ensuring we have a robust EAP framework. Medical claims are particularly important for CBD products, so we have strict standards associated with such claims and CBD products. Furthermore, we want our financial system to be fair to everyone, including to buyers.
What can I say, or not say, about my CBD products?
While we can’t provide legal advice, or a list of terms or phrases that are allowed or not allowed, our review process is built on FDA and other relevant guidelines. We don’t allow any claims that your CBD products may be used to cure, treat, or aid conditions such as anxiety, inflammation, depression, PTSD, ADHD, Cancer, or any other health conditions.
Where can I find more information about CBD regulations?
The FDA, among others, has helpful guidance around CBD. You can learn more on the FDA’s website. However, you should consult with an attorney, and CBD experts, to ensure your CBD products and practices are compliant.
What happens if Square identifies a problem with my CBD products?
If we find an issue with your product(s), we’ll ask you to address the issue, and/or remove the item(s), and may suspend your account during this review. If you do not remedy the issue(s), your account will be deactivated.
Furthermore, if we observe continued violations of our CBD policies, the account will be subject to deactivation and future exclusion from the CBD EAP.
In addition to the legal terms listed by Square, Inc., here.