Enfagrow ID Products
The No. 1 milk formula brand in the world, we aspire to give the best start in life.
Program PolicyCommission will not be awarded for sales relating to Step 1 and 2 products
1. Affiliate hereby agrees to comply with all applicable laws.
2. Affiliate warrants and represents that it (and shall ensure that it’s website within which the Affiliate’s website/media pertains to) will comply with local country milk code and all other regulations in relation to the marketing and/or promotion of infant/child formula in the local country (collectively referred to as “Regulations”) in all marketing activities undertaken.
3. Affiliate warrants and represents that it will comply with local country milk code and all other regulations in relation to the marketing of infant formula in the local country (collectively referred to as “Regulations”) in all marketing activities undertaken. To the extent that this Agreement covers the Marketing of Covered Products as defined in RBs Policy and Procedures on the Marketing of Breast-Milk Substitutes (BMS) available at https://www.rb.com/media/3431/rb-s-policy-procedures-on-marketing-of-bms.pdf]. The Affiliates also agrees to comply with the Infant and Child Nutrition Pledge (IFCN Pledge) [link: https://www.rb.com/media/3619/rb-nutrition-pledge-13-august-2018.pdf] (collectively referred to as the BMS Policy). You agree to adhere to, and respect at all times the applicable laws, rules and/or regulations relevant to the Territory in relation to the marketing and/or promotion of all products intended for infants and/or children as applicable.
4. For purposes of reasonably ensuring compliance with the BMS Policy (as hereinafter defined), You shall make available for both external and internal audit by MJN or its appointed representative or contracted external parties, upon MJN’s reasonable request at any time during the term of this Agreement and for five (5) years thereafter, books, records and other documentation relevant to its business activities conducted pursuant to this Agreement, including, without limitation, marketing and promotional activities
5. Affiliate agrees not to make any representations, warranties or other statements concerning MJN, any MJN website, any of MJN’s products or services or, or MJN’s website policies, except as expressly authorised by MJN.
6. Affiliate undertakes that at all times it will ensure all its communication are compliant with the Regulations. Affiliate understands that the Regulations may be updated from time to time, and will take reference from materials found on website of the local regulatory bodies. Specifically, they include but is not limited to:
Regulation: GOVERNMENT REGULATION NO. 33 OF 2012 ON EXCLUSIVE BREASTFEEDING MINISTRY OF HEALTH REGULATION NO. 39 OF 2013 ON INFANT FORMULA AND RELATED PRODUCTS
Regulator: Ministry of Health
7. Prior to each campaign, the Affiliate will provide working files of visuals and copy, and Affiliate would ensure that its communications utilizes such materials provided. In cases where an Affiliate chooses to create its own visuals and copy, prior approval from the Company is required before communication goes live. The Company is not liable for any penalty resulting from non-compliance to the Regulations by Affiliates, and each Affiliate agrees to hold the Company free and harmless from and against all loss and damage resulting from non-compliance with the Regulations which shall be wholly borne by the relevant Affiliate.
a. In addition, Affiliate agrees to be compliant on the below key points, which are significant parts of the Regulations (provided always that compliance to such points does not derogate from the Affiliate’s obligations to comply with all other requirements under the Regulations):
• Breastmilk substitutes for children from 0 to 12 months as defined in the APPNIA Code of Ethics, including without limitation Enfamil A+ Stage 1 and Stage 2 and Formula for Special Medical Purpose products, are not to be promoted in any way, including giving rebates to consumers.
• Where images of toddlers are used, images must represents toddlers of at least 12 months old.
• Products covered under milk code are not to be promoted to pregnant women, parents and/or family with children below age of 12 months.
b. Affiliate agrees to state in their communications at all times, “Promotions are only applicable to Enfamama A+, Enfagrow A+ Step 3, Step 4 and Step 5 products on the Mead Johnson Nutrition Flagship store.”