Effective Date: June 4, 2026
Company: NTS Brands Inc.
Brand: Apex Men's Skincare
Website: itsyourapex.com
Company Address: 478 W Wrightwood Ave, Elmhurst, IL 60126
Email for Notices: vintibeauty@gmail.com
These Terms of Service govern your access to and use of the Apex Men's Skincare website, subscription program, products, offers, promotions, affiliate program, and related services operated by NTS Brands Inc. ("NTS Brands," "Apex," "Company," "we," "our," or "us").
By accessing our website, purchasing our products, preordering a product, enrolling in a subscription, applying for or participating in our affiliate program, or otherwise using our services, you agree to these Terms of Service.
If you do not agree to these Terms, do not use our website, purchase our products, enroll in a subscription, or participate in the affiliate program.
1. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, to purchase products, enroll in a subscription, or participate in the affiliate program.
By using our services, you represent that you have the legal authority to enter into this agreement.
2. Products and General Disclaimers
Apex Men's Skincare products are cosmetic skincare products. Our products are not intended to diagnose, treat, cure, prevent, or mitigate any disease or medical condition.
Product descriptions, ingredient information, marketing materials, customer testimonials, and other content are provided for general informational and promotional purposes only. Results may vary from person to person.
You should discontinue use if irritation occurs and consult a qualified professional if you have questions about whether a product is appropriate for your skin.
You are responsible for reviewing all product directions, ingredient lists, warnings, and instructions before using any Apex product.
You should not use any Apex product if you are allergic or sensitive to any listed ingredient, if you have been advised by a medical professional not to use similar products, or if you experience irritation, redness, swelling, burning, rash, discomfort, or any other adverse reaction.
Apex products should be used only as directed. Improper use, overuse, use on broken or irritated skin, use with incompatible products, use after an adverse reaction begins, unauthorized resale, tampering, contamination, improper storage, or use contrary to product instructions may increase the risk of irritation or other adverse effects.
3. Product Use, Adverse Reactions, and Assumption of Risk
By purchasing, receiving, applying, or using any Apex product, you acknowledge and agree that skincare products may cause different reactions in different people, including but not limited to irritation, redness, dryness, breakouts, sensitivity, allergic reaction, discomfort, or other skin response.
You agree that you are solely responsible for determining whether a product is appropriate for your skin, body, routine, sensitivities, allergies, medical conditions, medications, skincare procedures, grooming habits, shaving routine, and other personal circumstances.
You agree to use Apex products only as directed and to discontinue use immediately if you experience any adverse reaction.
You acknowledge and agree that NTS Brands is not responsible for adverse reactions, irritation, allergic reactions, sensitivities, misuse, improper application, overuse, use on broken or irritated skin, failure to follow directions, failure to read ingredients, use with incompatible products, use after irritation begins, contamination, improper storage, unauthorized resale, or any use not expressly recommended by Apex.
To the fullest extent permitted by law, you knowingly assume all risk associated with your use, misuse, storage, handling, application, and disposal of Apex products.
4. Hold Harmless for Product Use
To the fullest extent permitted by law, you agree to release, defend, indemnify, and hold harmless NTS Brands Inc., Apex Men's Skincare, and their owners, officers, directors, employees, contractors, affiliates, service providers, manufacturers, suppliers, agents, representatives, successors, and assigns from and against any and all claims, damages, losses, liabilities, demands, causes of action, costs, expenses, penalties, judgments, and attorneys' fees arising out of or related to:
- Your use or misuse of any Apex product;
- Your improper application, overuse, or failure to follow product directions;
- Your failure to review ingredients, warnings, instructions, or product information;
- Any allergic reaction, irritation, sensitivity, breakout, dryness, redness, swelling, rash, burning, discomfort, or other adverse skin reaction;
- Use of the product with other skincare products, grooming products, cosmetic products, prescriptions, procedures, treatments, shaving products, exfoliants, acids, retinoids, devices, or other substances;
- Use of the product on broken, irritated, damaged, recently treated, sunburned, or otherwise compromised skin;
- Continued use of the product after irritation, discomfort, or an adverse reaction begins;
- Storage, handling, contamination, alteration, tampering, sharing, resale, or unauthorized redistribution of the product;
- Any claim made by a third party who uses a product you purchased, provided, shared, resold, transferred, or gave away;
- Any act, omission, negligence, misconduct, or violation of these Terms by you.
This section applies whether the claim is brought by you, a member of your household, a recipient of a product, a third-party user, or any other person claiming through you, except to the extent such limitation is prohibited by applicable law.
5. Subscription Membership
Apex Men's Skincare may offer products through a recurring subscription membership.
By enrolling in a subscription, you authorize NTS Brands to charge your selected payment method on a recurring basis according to the subscription terms presented at checkout.
Unless canceled or paused in accordance with these Terms, your subscription will automatically renew and your payment method will be charged before each shipment.
You are responsible for keeping your payment, shipping, and account information accurate and current.
6. Billing and Shipping
We charge first and then ship the applicable product.
Once a recurring subscription charge has been processed, the corresponding product may be prepared for shipment or shipped. Except as expressly stated in these Terms, processed charges are non-refundable.
Shipping times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, weather, supply chain issues, incorrect shipping information, or events outside our reasonable control.
7. Cancellation Policy
Members may cancel their subscription at any time.
Cancellation stops future recurring charges and future deliveries. Cancellation does not automatically refund charges that have already been processed.
To avoid being charged for the next shipment, you must cancel before your next scheduled billing date.
If you cancel after a charge has already been processed, that charge is generally non-refundable unless the purchase qualifies under the first-shipment money-back guarantee described below.
8. Pause Policy
Members may pause their subscription at any time, subject to our subscription management rules.
A subscription may be paused for up to three consecutive months.
After three consecutive months of being paused, the subscription will automatically be canceled.
If a subscription is automatically canceled after the three-month pause period, the member will no longer receive future shipments or retain any special pricing tied to that subscription, including Founder Pricing or promotional sale pricing.
9. Founder Pricing
Customers who preorder from our first production run may qualify as "Founding Members."
Founding Members receive the benefit of Founder Pricing in perpetuity for the applicable subscription, provided the subscription remains active or paused in good standing in accordance with these Terms.
Founder Pricing applies only to the original qualifying subscription and is not transferable.
If a Founding Member cancels their subscription, allows the subscription to automatically cancel after a pause period, fails to maintain valid billing information, or otherwise terminates the subscription, the Founder Pricing benefit will end.
If that customer later re-enrolls, the new subscription will be created at the then-current price, not the previous Founder Price.
10. Promotional and Sale Pricing
From time to time, Apex may offer promotional, discounted, or sale pricing.
Promotional pricing applies only according to the specific terms of the offer.
If a customer cancels a subscription with promotional or sale pricing, or if the subscription is automatically canceled after a pause period, the customer will lose the promotional or sale pricing.
If the customer later re-enrolls, the new subscription will be created at the then-current price.
11. Preorder Refund Policy
Founding Members and other customers who preorder products before the first production run ships may request a full refund at any time before the preorder has shipped.
Once the preorder has shipped, the standard first-shipment money-back guarantee applies.
12. First-Shipment 30-Day Money-Back Guarantee
Customers are eligible for a refund of their first subscription payment within 30 days of their first shipment.
This guarantee applies only to the customer's first shipment and first payment.
To request a refund, the customer must contact us within 30 days of the first shipment date using the contact method listed on our website or in these Terms.
After the 30-day first-shipment guarantee period expires, charges are non-refundable.
13. Recurring Charge Refund Policy
After the first-shipment 30-day money-back guarantee period, recurring subscription charges are non-refundable once processed.
Because we charge before shipping and then ship the product, a customer who requests cancellation after a charge has already been processed will not receive a refund for that processed charge unless the charge qualifies under the first-shipment 30-day money-back guarantee.
Cancellation will stop future charges and future shipments.
14. Returns and Product Disposal
Due to the nature of skincare products, we do not require customers to return opened product.
If you receive a refund under our applicable refund policy, you may dispose of the product.
We reserve the right to request reasonable information to verify refund eligibility, prevent fraud, or investigate misuse of the refund policy.
15. Account Responsibility
You are responsible for maintaining the confidentiality of your account login information and for all activity under your account.
You agree to provide accurate, current, and complete information and to promptly update your account information as needed.
We may suspend or terminate accounts that contain inaccurate information, are used fraudulently, or violate these Terms.
16. Payment Authorization
By placing an order or enrolling in a subscription, you authorize us and our payment processors to charge your selected payment method for all applicable amounts, including product charges, subscription fees, shipping, taxes, and any other amounts disclosed at checkout.
If your payment method fails, we may attempt to charge the payment method again, request updated payment information, pause shipment, suspend your subscription, or cancel your subscription.
17. Chargebacks and Payment Disputes
If you believe a charge was made in error, you agree to contact us first so we can attempt to resolve the issue.
We reserve the right to suspend or terminate accounts associated with fraudulent chargebacks, payment abuse, refund abuse, or other improper conduct.
18. Intellectual Property
All content on our website and in our marketing materials, including trademarks, logos, brand names, product names, product images, photographs, videos, copy, designs, graphics, trade dress, formulas, packaging, and other materials, is owned by or licensed to NTS Brands.
You may not copy, reproduce, distribute, modify, sell, exploit, or misuse any Company intellectual property without our prior written consent.
19. User Content, Reviews, and Testimonials
If you submit a review, testimonial, photo, video, comment, post, or other content relating to Apex or our products, you grant NTS Brands a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, display, publish, edit, distribute, and create derivative works from that content for marketing, advertising, promotional, and business purposes.
You represent that any content you submit is accurate, lawful, and does not violate the rights of any third party.
We reserve the right to remove, reject, edit, or decline to use any user content at our discretion.
20. Prohibited Conduct
You agree not to:
- Use our website, products, or services for unlawful purposes.
- Interfere with or disrupt the operation of our website.
- Attempt to gain unauthorized access to our systems.
- Misrepresent your identity or affiliation with any person or entity.
- Use our brand, products, or intellectual property in a misleading, deceptive, defamatory, obscene, immoral, or unlawful manner.
- Make false or misleading claims about our products.
- Engage in fraud, abuse, harassment, threats, or conduct that harms Apex, NTS Brands, customers, affiliates, or third parties.
- Misuse, alter, contaminate, resell, relabel, repackage, or redistribute Apex products without written authorization.
- Provide Apex products to another person without also providing applicable warnings, instructions, and product information.
- Use Apex products in any unsafe, improper, unlawful, or unauthorized manner.
We reserve the right to suspend or terminate access for violations of this section.
Affiliate Program Terms
The following Affiliate Program Terms apply to all individuals or entities who apply for, are accepted into, or participate in the Apex Men's Skincare Affiliate Program.
By applying for or participating in the Affiliate Program, you agree to these Affiliate Program Terms in addition to the general Terms of Service above.
21. Affiliate Acceptance and Approval
Participation in the Apex Men's Skincare Affiliate Program is by approval only.
We reserve the right to accept or reject any affiliate applicant for any reason or no reason.
Approval into the Affiliate Program does not create any right to continued participation.
We may suspend, remove, or terminate any affiliate at any time, with or without notice, with or without cause, and for any reason.
22. Independent Contractor Relationship
Affiliates are independent contractors.
Nothing in these Terms creates an employment relationship, agency relationship, franchise relationship, joint venture, legal partnership, fiduciary relationship, or business partnership between any affiliate and NTS Brands.
Affiliates are not employees of NTS Brands or Apex Men's Skincare.
Affiliates have no authority to bind NTS Brands, make commitments on behalf of NTS Brands, incur expenses on behalf of NTS Brands, or represent themselves as employees, agents, officers, partners, or representatives of NTS Brands.
23. Taxes and 1099 Reporting
Affiliates are responsible for all taxes, filings, reporting obligations, and expenses related to their affiliate earnings, bonuses, prizes, event access, travel experiences, gifts, or other compensation.
Affiliates may be required to provide a completed IRS Form W-9 or other tax documentation before receiving commissions, bonuses, benefits, event access, travel experiences, or other compensation.
NTS Brands may issue IRS Forms 1099 or other required tax forms for cash compensation, non-cash compensation, travel experiences, event access, gifts, prizes, or other taxable benefits.
Affiliates are solely responsible for consulting their own tax advisors regarding the tax treatment of any compensation or benefit received through the Affiliate Program.
24. Affiliate Commissions
Approved affiliates may earn commissions on qualifying customer subscriptions generated through approved affiliate links, codes, or tracking methods.
The standard affiliate commission is 20% of qualifying subscription revenue, unless otherwise stated in a separate written agreement or program offer.
Commissions are recurring for the life of the qualifying customer subscription, subject to these Terms, continued affiliate eligibility, valid tracking, refund adjustments, chargeback adjustments, fraud review, and any other program rules we establish.
No commission is earned on refunded transactions, fraudulent transactions, chargebacks, canceled orders, test orders, self-referrals, or transactions that violate these Terms.
We reserve the right to reverse, withhold, reduce, or deny commissions for any transaction that we determine, in our sole discretion, is invalid, fraudulent, abusive, improperly tracked, or in violation of these Terms.
25. Active Subscriber Requirement
For purposes of the Affiliate Program, an "active subscriber" means a customer who:
- Was properly attributed to the affiliate through our approved tracking system;
- Has an active Apex Men's Skincare subscription;
- Is not canceled, refunded, paused beyond our permitted rules, fraudulent, delinquent, or in chargeback status; and
- Is otherwise considered active by NTS Brands in its sole discretion.
Only active subscribers count toward commission eligibility, bonus eligibility, President's Club qualification, or other program milestones.
26. $10,000 Active Subscriber Bonus
Affiliates may become eligible for a one-time $10,000 cash bonus after reaching and maintaining 1,000 active subscribers for two consecutive months.
The bonus is not triggered merely when an affiliate obtains their 1,000th customer.
To qualify, the affiliate must have at least 1,000 active subscribers for two consecutive months.
After the second consecutive month in which the affiliate maintains at least 1,000 active subscribers, and after verification by NTS Brands, the affiliate will become eligible for a one-time $10,000 cash payout.
The bonus is subject to verification, fraud review, refund and chargeback review, tax documentation, compliance review, and continued good standing in the Affiliate Program.
NTS Brands reserves the right to deny, delay, offset, or revoke the bonus if we determine that the affiliate violated these Terms, generated subscribers through improper conduct, made misleading claims, engaged in fraud, or otherwise failed to satisfy the requirements of the bonus.
This bonus is a one-time payout and may not be earned multiple times unless expressly stated in writing by NTS Brands.
27. President's Club
Affiliates who meet criteria established by NTS Brands may be invited to participate in the Apex President's Club.
President's Club benefits may include special event access, travel experiences, exclusive brand experiences, recognition, or other benefits determined by NTS Brands.
President's Club access is not guaranteed and may be changed, modified, revoked, delayed, substituted, or discontinued at any time.
Any event access, travel experience, gift, prize, or non-cash benefit may be taxable to the affiliate and may be reported on a Form 1099 or other required tax form based on the value of the benefit.
Affiliates are responsible for any taxes associated with President's Club benefits.
28. Affiliate Marketing Rules and FTC Compliance
Affiliates must comply with all applicable laws, rules, regulations, platform policies, and advertising standards, including rules relating to endorsements, testimonials, advertising disclosures, email marketing, text marketing, privacy, and consumer protection.
Affiliates must clearly and conspicuously disclose their material connection to Apex Men's Skincare whenever promoting Apex products.
Disclosures must be easy to see, easy to understand, and placed in close proximity to the affiliate promotion, endorsement, claim, link, code, or recommendation.
Acceptable disclosures may include clear language such as "I earn commissions from Apex," "Paid affiliate link," "Apex partner," or other disclosure language approved by NTS Brands and legally sufficient for the platform and content format.
Affiliates may not hide disclosures in hashtags, buried captions, profile pages, terms pages, or locations unlikely to be seen by consumers.
29. Product Claims and Advertising Restrictions
Affiliates may only make product claims that are truthful, not misleading, substantiated, and consistent with materials approved by NTS Brands.
Affiliates may not claim or imply that Apex products diagnose, treat, cure, prevent, or mitigate any disease, medical condition, hormonal condition, dermatological disease, or other health condition.
Affiliates may not make false, exaggerated, deceptive, or unapproved claims about product results.
Affiliates may not guarantee specific results.
Affiliates may not use fake testimonials, fake reviews, fake before-and-after images, altered customer results, misleading demonstrations, or undisclosed paid endorsements.
Affiliates must immediately remove or correct any content at our request.
30. Use of Company Intellectual Property
NTS Brands may provide affiliates with brand assets, product images, trademarks, logos, copy, videos, photographs, likenesses, references, marketing materials, or other intellectual property for approved promotional use.
All such intellectual property remains the sole property of NTS Brands or its licensors.
Affiliates receive a limited, revocable, non-exclusive, non-transferable license to use approved materials solely for the purpose of promoting Apex Men's Skincare in compliance with these Terms.
Affiliates may not alter, misuse, misrepresent, distort, sublicense, sell, register, copy, or exploit Company intellectual property except as expressly authorized.
Affiliates may not register domain names, social handles, trademarks, ads, keywords, business names, or accounts that include or imitate "Apex," "Apex Men's Skincare," "NTS Brands," or any confusingly similar term without prior written permission.
Upon termination from the Affiliate Program, affiliates must immediately stop using all Company intellectual property and remove or disable promotional materials upon request.
31. Morality Clause
Affiliates must conduct themselves in a manner that reflects positively on Apex Men's Skincare and NTS Brands.
We may suspend, remove, terminate, or deny payment to any affiliate who, in our sole discretion, engages in conduct that is immoral, obscene, offensive, fraudulent, unlawful, discriminatory, harassing, threatening, hateful, violent, sexually exploitative, defamatory, deceptive, abusive, or otherwise harmful to Apex, NTS Brands, customers, other affiliates, or the public.
This includes conduct occurring online, offline, on social media, in private communities, at events, or through any other channel if we determine the conduct may harm the reputation, goodwill, business, or values of NTS Brands or Apex Men's Skincare.
32. Prohibited Affiliate Conduct
Affiliates may not:
- Use spam, unsolicited email, unsolicited text messages, robocalls, or unlawful marketing.
- Make false, misleading, deceptive, or unapproved product claims.
- Misrepresent their relationship with Apex or NTS Brands.
- Engage in self-referrals, fake orders, fraudulent subscriptions, coupon abuse, chargeback schemes, or commission manipulation.
- Use paid ads that bid on Apex trademarks or confusingly similar terms without written approval.
- Create websites, funnels, pages, or profiles that impersonate Apex or confuse customers about who operates the site.
- Use deceptive scarcity, fake pricing, fake testimonials, fake reviews, or misleading before-and-after images.
- Promote Apex on adult, hateful, violent, discriminatory, illegal, deceptive, or otherwise inappropriate websites or platforms.
- Use Company intellectual property in an unauthorized or damaging way.
- Violate any law, regulation, platform policy, or these Terms.
- Encourage unsafe, excessive, improper, or unauthorized use of Apex products.
- Make claims that could reasonably cause customers to misuse the product, overuse the product, combine the product with incompatible products, or ignore adverse reactions.
- Provide medical, dermatological, diagnostic, treatment, or disease-related advice while promoting Apex products.
- Suggest that customers should continue using the product after irritation, discomfort, or adverse reactions begin.
We reserve the right to determine whether affiliate conduct violates these Terms in our sole discretion.
33. Affiliate Indemnification and Hold Harmless
To the fullest extent permitted by law, affiliates agree to defend, indemnify, release, and hold harmless NTS Brands Inc., Apex Men's Skincare, and their owners, officers, directors, employees, contractors, affiliates, service providers, manufacturers, suppliers, agents, representatives, successors, and assigns from and against any and all claims, damages, losses, liabilities, demands, causes of action, costs, expenses, penalties, judgments, regulatory actions, and attorneys' fees arising out of or related to:
- The affiliate's marketing, advertising, endorsement, testimonial, content, statements, claims, or promotional activity;
- Any false, misleading, exaggerated, unlawful, immoral, or unapproved statement made by the affiliate;
- Any product claim, medical claim, treatment claim, disease claim, performance claim, result claim, or guarantee made by the affiliate;
- Any failure to make required affiliate, sponsorship, paid relationship, or material connection disclosures;
- Any violation of FTC rules, advertising laws, consumer protection laws, email marketing laws, SMS marketing laws, platform policies, intellectual property laws, privacy laws, or other applicable laws;
- Any misuse or unauthorized use of Company intellectual property;
- Any customer claim, adverse reaction claim, product misuse claim, refund claim, chargeback, or consumer complaint arising from the affiliate's conduct, statements, instructions, recommendations, or promotions;
- Any tax, employment, contractor classification, or benefits claim asserted by the affiliate or any government agency;
- Any conduct that violates the morality clause, prohibited conduct rules, or these Terms;
- Any negligence, misconduct, fraud, omission, or wrongful act by the affiliate.
This indemnification obligation survives termination of the affiliate relationship.
34. Termination of Affiliate Relationship
NTS Brands may terminate, suspend, or modify an affiliate relationship at any time, with or without notice, with or without cause, and for any reason.
Upon termination, the affiliate must immediately stop promoting Apex products and stop using all Company intellectual property.
We may discontinue commissions, reverse commissions, withhold unpaid commissions, deny bonuses, revoke President's Club eligibility, and terminate tracking access at any time if we determine that an affiliate violated these Terms, harmed the Company, engaged in misconduct, or otherwise should no longer participate in the program.
Participation in the Affiliate Program does not guarantee future commissions, future bonuses, continued tracking, continued program access, or continued relationship with NTS Brands.
35. Changes to Affiliate Program Terms
NTS Brands may change, modify, pause, discontinue, or replace the Affiliate Program, commission rates, bonus structures, qualification requirements, President's Club benefits, payout schedules, tracking rules, or these Affiliate Program Terms at any time.
Changes may apply to current and future affiliates, current and future customers, current and future commissions, and current and future program benefits unless otherwise stated by NTS Brands.
Continued participation in the Affiliate Program after changes are made constitutes acceptance of the updated terms.
General Legal Terms
36. Website Content
We attempt to provide accurate information, but we do not guarantee that all website content, product descriptions, pricing, availability, promotions, or other information is error-free, complete, or current.
We reserve the right to correct errors, update information, cancel orders, modify pricing, or change product availability at any time.
37. Promotions
All promotions, discounts, bonuses, and offers are subject to the specific terms presented with the offer.
We may modify, cancel, limit, or revoke promotions at any time.
Promotions have no cash value unless expressly stated.
38. Privacy
Your use of our website and services is also governed by our Privacy Policy.
By using our website, purchasing products, enrolling in a subscription, or participating in the Affiliate Program, you agree to our collection and use of information as described in our Privacy Policy.
39. Third-Party Services
Our website may rely on third-party payment processors, shipping carriers, affiliate platforms, subscription platforms, analytics providers, email providers, SMS providers, and other service providers.
We are not responsible for the acts, errors, omissions, outages, policies, or practices of third-party services.
40. Disclaimer of Warranties
To the fullest extent permitted by law, our website, products, services, subscription program, affiliate program, content, and materials are provided "as is" and "as available."
We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and uninterrupted operation.
We do not warrant that any Apex product will produce any particular result, meet any individual skincare goal, be suitable for every skin type, or be free from the possibility of irritation, sensitivity, allergic reaction, or other adverse response.
Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.
41. Limitation of Liability
To the fullest extent permitted by law, NTS Brands, Apex Men's Skincare, and their owners, officers, employees, contractors, affiliates, service providers, manufacturers, suppliers, agents, representatives, successors, and assigns will not be liable for indirect, incidental, consequential, special, punitive, exemplary, or lost-profit damages arising from or related to your use of our website, products, services, subscription program, affiliate program, or these Terms.
To the fullest extent permitted by law, this limitation applies to claims involving product use, product misuse, adverse reactions, irritation, allergic reactions, sensitivities, failure to follow directions, improper storage, unauthorized resale, affiliate conduct, promotional claims, shipping delays, billing disputes, subscription cancellation, refund disputes, website access, or participation in the Affiliate Program.
To the fullest extent permitted by law, our total liability for any claim will not exceed the amount you paid to us for the product, subscription, or service giving rise to the claim during the three months before the claim arose.
42. General Indemnification
You agree to defend, indemnify, release, and hold harmless NTS Brands Inc., Apex Men's Skincare, and their owners, officers, directors, employees, contractors, affiliates, service providers, manufacturers, suppliers, agents, representatives, successors, and assigns from and against any claims, damages, liabilities, losses, costs, expenses, penalties, judgments, regulatory actions, and fees, including reasonable attorneys' fees, arising from or related to:
- Your use of our website, products, services, subscription program, or affiliate program;
- Your violation of these Terms;
- Your violation of any law, regulation, platform policy, or third-party right;
- Your content, advertising, endorsements, testimonials, or promotional activity;
- Your fraud, misconduct, negligence, or willful misconduct;
- Your use, misuse, application, storage, handling, disposal, sharing, resale, or redistribution of Apex products;
- Any adverse reaction, irritation, allergic reaction, skin sensitivity, breakout, rash, redness, dryness, swelling, burning, discomfort, or other response arising from your use, misuse, or improper use of Apex products;
- Your failure to read or follow product directions, ingredient disclosures, warnings, or instructions;
- Your use of Apex products with other skincare products, cosmetic products, grooming products, shaving products, prescriptions, procedures, treatments, devices, or substances;
- Your continued use of a product after irritation, discomfort, or an adverse reaction begins;
- Any claim brought by a third party who used, received, borrowed, purchased, or obtained a product from you;
- Any improper, unauthorized, deceptive, or unlawful promotion, resale, relabeling, repackaging, or distribution of Apex products.
This indemnification obligation survives cancellation, termination, refund, account closure, affiliate termination, or discontinuation of your use of the website, products, subscription program, or Affiliate Program.
43. Governing Law
These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-law principles.
To the fullest extent permitted by law, Illinois law applies to all disputes, claims, controversies, rights, duties, obligations, purchases, subscriptions, refunds, cancellations, affiliate relationships, commissions, bonuses, intellectual property issues, product-use claims, advertising claims, and any other matter arising out of or related to these Terms, the website, the products, the subscription program, or the Affiliate Program.
44. Informal Dispute Resolution and Written Notice
Before initiating arbitration or any other proceeding, you agree to first provide written notice of the dispute to NTS Brands and attempt to resolve the dispute informally.
Written notice must include:
- Your full name;
- Your mailing address;
- Your email address;
- Your phone number;
- A description of the dispute;
- The specific relief you are requesting;
- Any relevant order number, subscription information, affiliate account information, or supporting documentation.
Written notice must be sent to:
NTS Brands Inc.
478 W Wrightwood Ave
Elmhurst, IL 60126
Or by email to:
vintibeauty@gmail.com
NTS Brands may provide written notice to you using the email address, mailing address, billing address, shipping address, affiliate account information, or contact information associated with your order, subscription, account, or affiliate profile.
The parties agree to attempt in good faith to resolve the dispute informally for at least 30 days after written notice is received before initiating arbitration, unless emergency injunctive relief is needed to protect intellectual property, confidential information, brand assets, trade secrets, customer data, or other urgent rights.
45. Binding Arbitration Agreement
You and NTS Brands agree that any dispute, claim, or controversy arising out of or relating to these Terms, the website, any product, any purchase, any preorder, any subscription, any refund, any cancellation, any shipment, any payment, any affiliate relationship, any commission, any bonus, any President's Club benefit, any product use, any adverse reaction, any advertising claim, any intellectual property issue, or any relationship between you and NTS Brands will be resolved by binding arbitration, rather than in court, except as expressly provided in these Terms or where prohibited by law.
The arbitration will be administered by the American Arbitration Association, also known as the AAA.
For customer or consumer disputes, the arbitration will be administered under the AAA Consumer Arbitration Rules then in effect, unless the AAA determines that different rules apply or applicable law requires otherwise.
For affiliate, business, commercial, contractor, commission, bonus, President's Club, intellectual property, advertising, or non-consumer disputes, the arbitration will be administered under the AAA Commercial Arbitration Rules then in effect, unless the AAA determines that different rules apply or applicable law requires otherwise.
The arbitration will be conducted by a single neutral arbitrator.
The arbitration will take place in DuPage County, Illinois, or another location reasonably selected by NTS Brands, unless the AAA rules, applicable law, or the arbitrator require a different location. The arbitrator may permit remote, telephonic, video, written, or documents-only proceedings where appropriate.
The language of the arbitration will be English.
The arbitrator will have the authority to award the same individual relief that a court could award, subject to the limitations, disclaimers, exclusions, and remedies stated in these Terms.
The arbitrator will have exclusive authority to resolve disputes regarding the interpretation, applicability, enforceability, unconscionability, formation, validity, or scope of this arbitration agreement, except that any dispute about the class action waiver below must be decided by a court of competent jurisdiction unless applicable law allows the arbitrator to decide it.
Judgment on the arbitration award may be entered in any court of competent jurisdiction.
46. Class Action Waiver and Individual Proceedings Only
To the fullest extent permitted by law, you and NTS Brands agree that all disputes must be brought only in an individual capacity and not as a plaintiff, claimant, class member, or representative in any purported class action, collective action, consolidated action, mass action, private attorney general action, representative action, or similar proceeding.
The arbitrator may not consolidate the claims of more than one person or entity and may not preside over any class, collective, consolidated, mass, private attorney general, representative, or similar proceeding.
You and NTS Brands waive any right to a jury trial and waive any right to participate in a class action, collective action, consolidated action, mass action, representative action, or private attorney general proceeding to the fullest extent permitted by law.
If this class action waiver is found unenforceable as to a particular claim or request for relief, then that claim or request for relief may be severed and resolved in court to the extent required by law, while all remaining claims and requests for relief will be arbitrated on an individual basis.
47. Exceptions to Arbitration
Notwithstanding the binding arbitration agreement, either party may bring an individual action in small claims court if the claim qualifies and remains in small claims court.
NTS Brands may seek temporary, preliminary, or permanent injunctive relief in court for claims involving intellectual property, trademarks, copyrights, trade secrets, confidential information, brand assets, unauthorized use of content, affiliate misconduct, false advertising, unfair competition, data security, account misuse, or conduct that may cause immediate or irreparable harm.
Nothing in these Terms prevents either party from seeking relief from a government agency where such rights cannot be waived.
48. Arbitration Fees and Costs
Arbitration fees, filing fees, administrative fees, arbitrator compensation, and related costs will be governed by the applicable AAA rules, applicable law, and any decision by the arbitrator.
Each party is responsible for its own attorneys' fees and costs unless applicable law, the applicable AAA rules, or the arbitrator provides otherwise.
If you are an affiliate, contractor, business entity, commercial participant, or non-consumer claimant, you agree that the commercial nature of the relationship may affect the applicable AAA rules, fee allocation, and administrative requirements.
49. Severability
If any provision of these Terms is found invalid, unlawful, or unenforceable, the remaining provisions will remain in full force and effect.
If any portion of the arbitration agreement is found invalid, unlawful, or unenforceable, the remaining portions will remain enforceable to the fullest extent permitted by law, except where the class action waiver is found unenforceable in a manner that requires a claim to proceed in court.
50. No Waiver
Our failure to enforce any provision of these Terms does not waive our right to enforce that provision or any other provision in the future.
51. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
We may assign or transfer our rights and obligations under these Terms at any time, including in connection with a merger, acquisition, sale of assets, reorganization, or transfer of business operations.
52. Changes to These Terms
We may update, modify, or replace these Terms at any time.
Updated Terms will be posted on our website with a revised effective date.
Your continued use of our website, products, subscription program, or affiliate program after updated Terms are posted constitutes acceptance of the updated Terms.
For subscriptions and the Affiliate Program, changes may apply to current and future subscriptions, current and future affiliate relationships, current and future commissions, current and future bonuses, and current and future program benefits, unless otherwise stated by NTS Brands or prohibited by applicable law.
53. Contact Information
Questions about these Terms, subscriptions, cancellations, refunds, product use, adverse reactions, or the Affiliate Program may be directed to:
NTS Brands Inc.
Apex Men's Skincare
478 W Wrightwood Ave
Elmhurst, IL 60126
Email: vintibeauty@gmail.com
Website: itsyourapex.com
Summary of Key Customer Policies
- Founding Members receive Founder Pricing in perpetuity for their qualifying subscription, as long as the subscription remains active or properly paused.
- Founding Members may receive a full refund any time before the preorder ships.
- First shipments are covered by a 30-day money-back guarantee.
- After the first-shipment guarantee period, processed subscription charges are non-refundable.
- Customers may cancel at any time to stop future charges and future shipments.
- Customers may pause for up to three months.
- After three months paused, the subscription automatically cancels.
- If a Founder Price or promotional subscription is canceled, the customer loses that special pricing.
- If the customer re-enrolls later, the new subscription starts at the then-current price.
- Due to the nature of skincare products, opened products do not need to be returned.
- Customers are responsible for reading ingredients and directions before use.
- Customers should discontinue use if irritation or an adverse reaction occurs.
- Customers agree to hold NTS Brands harmless for adverse reactions, misuse, improper use, failure to follow directions, use with incompatible products, and third-party product use to the fullest extent permitted by law.
- Disputes are subject to binding arbitration through the American Arbitration Association.
- Illinois law governs these Terms.
Summary of Key Affiliate Policies
- Affiliates are independent contractors, not employees, agents, partners, or representatives of NTS Brands.
- Affiliates are responsible for their own taxes.
- Affiliate compensation and benefits may be reported on Form 1099 or other required tax forms.
- Affiliates may earn 20% recurring commissions on qualifying subscription revenue, subject to program rules.
- The $10,000 bonus is unlocked only after the affiliate maintains 1,000 active subscribers for two consecutive months.
- President's Club benefits may include event access and travel experiences, which may be taxable.
- Affiliates must comply with FTC disclosure rules and all applicable laws.
- Affiliates may only use approved Apex intellectual property for approved marketing purposes.
- Affiliates may not make false, misleading, medical, or unapproved claims.
- NTS Brands may reject, suspend, terminate, or stop working with any affiliate at any time, with or without notice or cause.
- Affiliates must indemnify and hold harmless NTS Brands for claims arising from affiliate marketing, product claims, customer complaints, product misuse claims, adverse reaction claims connected to affiliate conduct, FTC issues, tax issues, intellectual property misuse, or violation of these Terms.
- Affiliate disputes are subject to binding arbitration through the American Arbitration Association.
- Illinois law governs the Affiliate Program Terms.