herbalife business plan 2021

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Herbalife Business Plan Sample

FEB.12, 2014

Herbalife International (registered trademark) is a global company that is dedicated to helping people balance nutritional needs. Nutritional and weight loss products are sold directly to Herbalife members but also through independent distributors, creating a tremendous business opportunity for the entrepreneur that believes in the products and has a sincere desire to help people lead healthier lives. This is a great opportunity to sell directly to customers while also building a distributor team, earning commissions by helping others become nutritional distributors.

The term “ Multi-Level Marketing ” (MLM) has earned a poor reputation over the years because disreputable companies have created pyramid schemes that basically allow only the people at the top to earn money. Herbalife has been reviewed by the appropriate government agencies and has built a solid reputation since its inception in 1980. However, Herbalife business owners are sure to get questions about the company’s business model and need to be thoroughly prepared to respond appropriately.

The Herbalife corporation gives distributors a lot of support in the form of training and marketing materials according to the franchising business plan . However, every startup needs a Herbalife business plan. The only way the business will be successful is if the Herbalife distributor has well-defined goals, a plan for developing a regular flow of customer and distributor leads, and the ability to close sales.

Other important elements of a successful distributorship include:

• Development of monthly and yearly product sales goals
• Specific strategies for customer lead generation, including emails, product demonstration meetings, phone calls, etc.
• Specific strategies for getting referrals from customers, friends, and others
• Strategies for following-up customer leads and referrals, including personal phone calls, emails, mobile device messages, and direct mail
• System for tracking customer leads, sales, customer and distributor follow-up, and so on (so no one fall through the cracks)
• Presentation that will be delivered to customers to explain products and benefits of using products
• Plan for building distributor network, including how likely candidates will be identified
• Revenue projections that include wholesale and retail profits, bonuses, and royalties
• Demonstrated knowledge of Herbalife products, including nutrient content and health benefits
• Development of initial and ongoing distributor training plan
• Required product inventories

Having an online presence is crucial to success. It can provide information to customers, enable product ordering, and be used for internet marketing. Starting a blog or creating other social media sites that are linked to the website is a powerful marketing strategy also. Social media can be instrumental in building an online following when the business owner demonstrates expert knowledge about weight loss, nutrition, and maintaining good health.

It is important to develop a complete Herbalife business plan that defines the company mission, describes the entrepreneur’s qualifications to run a health related business, and includes financial planning. OGS Capital business consulting service can offer expert guidance in developing a quality document reflecting careful Herbalife business planning.

Download Business plan for Herbalife Sample in pdf

Professional OGS capital writers specialized also in themes such as  beauty supply retail store business plan , massage therapy business plan , salon business plan , soap and detergent manufacturing business plan , tattoo shop business plan , franchise business plan and many others.

OGSCapital’s team has assisted thousands of entrepreneurs with top-rate business plan development, consultancy and analysis. They’ve helped thousands of SME owners secure more than $1.5 billion in funding, and they can do the same for you.

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LOS ANGELES--( BUSINESS WIRE )--Herbalife Nutrition, a premier global nutrition company, today hosted a virtual investor day with presentations on the Company’s growth outlook, and its long-term strategy. In addition to presentations from the Company’s CEO, president and CFO, investors sat in on a fireside chat with other members of management, moderated by Jefferies Managing Director Stephanie Wissink. Highlights can be found in this release and a replay of the day’s events along with a copy of the materials referenced will be available on September 15, 2021 on the Company’s investor relations page at https://ir.herbalife.com .

“With a renewed focus on driving shareholder value, our long-term strategy will open up a whole new chapter of growth,” said John Agwunobi, Chairman and CEO of Herbalife Nutrition.

Agwunobi kicked off the day with an overview of the Company’s strategy, long-term growth outlook, and focus on maximizing shareholder value. Then, the Company’s President, John DeSimone detailed a number of key strategic objectives.

“Over the past four quarters, the U.S. generated approximately 3.4 million new customers, and we believe there is a huge opportunity to drive top-line growth by improving customer activity and retention rates by focusing on key strategies including new product innovation, nutrition club expansion, digital transformation, and efforts to enhance trust in our brand,” said DeSimone.

• Local Product Innovation expands the Company’s commitment to quality and product choice with a greater focus on local market product development. The Company’s investment in science, manufacturing and improved speed to market has reduced the launch times for some new products by 22%. Expanded local product development will enable the Company to develop products that resonate with local target audiences. The Company also expects to launch a vegan line next year as well as other clean label options.
• The clubs create a sense of community and offer a location to consume products and experience the value that our distributor coaches create. Currently, there are approximately 11,000 locations in the U.S. and more than 72,000 globally.
• In the U.S., single servings prepared at clubs represented approximately 33% of total U.S. sales in Q2 2021.
• In the U.S., the Company captures virtually all customer transactions and currently has detailed information on more than 58.9 million customer transactions from the last four quarters. The Company plans to extend similar data gathering programs globally in order to better predict customer behaviors, which in turn will help improve customer experience, customer activity and retention.
• A strategic refresh of the Company’s brand reflecting the unique value proposition that the Company and its distributors present will be introduced at its large global distributor event in 2022
• The Company’s Environmental, Social, and Governance (ESG) strategy elevates its position as a leader in nutrition and in providing economic opportunities to expand the Company’s commitment and impact related to important global issues.
• A presentation highlighted the Company’s effort to further strengthen its relationship with “Gen Z” and “Millennial” entrepreneurs. During the second quarter of 2021, two-thirds of our new distributors and preferred customers where GenZ or Millennials.

Executive presentations wrapped up with a financial presentation by Chief Financial Officer Alex Amezquita that included among other things insight into historical performance, global trends supporting organic net sales growth, and capital allocation.

The presentation explained why the Company expects long-term organic annual net sales growth in the mid to high-single digit range, believes annual adjusted EBITDA growth in the high-single digit range is achievable, and believes adjusted earnings per share growth is on track to be in the double-digit range. It is important to note that the growth rate estimates for net sales, adjusted EBITDA and adjusted diluted EPS assume a constant currency environment.

“Consumer demand for our nutrition products has created momentum in our business that puts us in a position of strength for long-term growth. This opportunity is reflected in our long-term growth algorithm which we believe presents an attractive investment opportunity for investors,” said Amezquita.

The Company’s capital allocation policy has enabled it to service its debt, invest for the future and return approximately $5.6 billion dollars over the past 10 years.

The event concluded with a financial update and a live Q&A session with the Company’s CEO, President and CFO. During the Q&A session, management confirmed that as part of its ongoing share repurchase program, the Company expects to repurchase more than $200 million in shares in the third and fourth quarters, and that during the third quarter, approximately $76.6 million in shares had been repurchased thus far.

Additionally, management provided the following volume points by region for the third quarter-to-date through August 31 during the Q&A session:

Trends through the first part of September have been consistent with that seen in the first two months of the quarter.

The Company’s third quarter ending September 30, 2021 is still ongoing and although the interim third quarter results and updated third quarter and full year 2021 guidance discussed herein, during the Company’s investor day presentation earlier today and in the Company’s press release dated September 13, 2021 reflect some interim third quarter information, the Company has not begun the quarter-end process of compiling, analyzing and finalizing the full results for the quarter. The Company’s independent registered public accounting firm has not reviewed any of the interim third quarter information. As such, there can be no assurance that reported results will be in the ranges specified. The Company expects to report its final results for the third quarter of 2021 on November 2, 2021.

About Herbalife Nutrition Ltd.

Herbalife Nutrition (NYSE: HLF) is a global company that has been changing people's lives with great nutrition products and a business opportunity for its independent distributors since 1980. The Company offers high-quality, science-backed products, sold in over 90 countries by entrepreneurial distributors who provide one-on-one coaching and a supportive community that inspires their customers to embrace a healthier, more active lifestyle. Through the Company’s global campaign to eradicate hunger, Herbalife Nutrition is also committed to bringing nutrition and education to communities around the world.

Forward-Looking Statements

This release contains “forward-looking statements” within the meaning of the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Although we believe that the expectations reflected in any of our forward-looking statements are reasonable, actual results could differ materially from those projected or assumed in any of our forward-looking statements. Our future financial condition and results of operations, as well as any forward-looking statements, are subject to change and to inherent risks and uncertainties, many of which are beyond our control. Additionally, many of these risks and uncertainties are, and may continue to be, amplified by the COVID-19 pandemic. Important factors that could cause our actual results, performance and achievements, or industry results to differ materially from estimates or projections contained in or implied by our forward-looking statements include the following:

• the potential impacts of the COVID-19 pandemic on us; our Members, customers, and supply chain; and the world economy;
• our ability to attract and retain Members;
• our relationship with, and our ability to influence the actions of, our Members;
• our noncompliance with, or improper action by our employees or Members in violation of, applicable U.S. and foreign laws, rules, and regulations;
• adverse publicity associated with our Company or the direct-selling industry, including our ability to comfort the marketplace and regulators regarding our compliance with applicable laws;
• changing consumer preferences and demands;
• the competitive nature of our business and industry;
• legal and regulatory matters, including regulatory actions concerning, or legal challenges to, our products or network marketing program and product liability claims;
• the Consent Order entered into with the FTC, the effects thereof and any failure to comply therewith;
• risks associated with operating internationally and in China;
• our dependence on increased penetration of existing markets;
• any material disruption to our business caused by natural disasters, other catastrophic events, acts of war or terrorism, cybersecurity incidents, pandemics and/or other acts by third parties;
• noncompliance by us or our Members with any privacy laws, rules, or regulations or any security breach involving the misappropriation, loss, or other unauthorized use or disclosure of confidential information;
• contractual limitations on our ability to expand or change our direct-selling business model;
• our reliance on our information technology infrastructure and manufacturing facilities and those of our outside manufacturers;
• the sufficiency of our trademarks and other intellectual property;
• product concentration;
• our reliance upon, or the loss or departure of any member of, our senior management team;
• restrictions imposed by covenants in the agreements governing our indebtedness;
• risks related to our convertible notes;
• changes in, and uncertainties relating to, the application of transfer pricing, customs duties, value added taxes, and other tax laws, treaties, and regulations, or their interpretation;
• our incorporation under the laws of the Cayman Islands; and
• share price volatility related to, among other things, speculative trading and certain traders shorting our common shares.

We do not undertake any obligation to update or release any revisions to any forward-looking statement or to report any events or circumstances after the date hereof or to reflect the occurrence of unanticipated events.

Non-GAAP Measures

The Company has included in this release adjusted diluted EPS and adjusted EBITDA, performance measures that the Securities and Exchange Commission defines as “non-GAAP financial measures.” Management believes that such non-GAAP financial measures, which exclude the impact of certain unusual or non-recurring items, when read in conjunction with the Company’s reported results, calculated in accordance with GAAP, can provide useful supplemental information for investors because they facilitate a period to period comparative assessment of the Company’s operating performance relative to its performance based on reported results under GAAP, while isolating the effects of some items that vary from period to period without any correlation to core operating performance and eliminate certain charges that management believes do not reflect the Company’s operations and underlying operational performance. The Company’s definition and calculation of adjusted diluted earnings per share and adjusted EBITDA may not be comparable to similarly titled measures used by other companies because other companies may not calculate them in the same manner as the Company does and should not be viewed in isolation from nor as alternatives to diluted EPS or net income calculated in accordance with GAAP.

Media Contact: Jennifer Butler Vice President, Media Relations 213.745.0420

Investor Contact: Eric Monroe Senior Director, Investor Relations 213.745.0449

Release Summary

• #InvestorDay

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Looking for a new way to make a difference while earning some supplemental income? Here’s what you need to know about getting started in the Herbalife opportunity.

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• The Deception Continues
• The Herbalife Pyramid Scheme

The Herbalife Compensation Plan

• About Nutrition Clubs
• The New Herbalife vs. The Old Herbalife
• The Perpetrators

How long would it take for you to explain to someone how much you get paid – and for what?

For most people, it’s pretty straightforward. But, if you are an Herbalife distributor, the answer isn’t so easy. In fact, a lot of people who have signed up with Herbalife can’t explain how they make money. New recruits often get a lot of misinformation. As Herbalife distributors buy product from the company and get others to do the same, they move up in this complicated plan. As distributors advance, they gain access to product discounts and commissions that are paid when distributors in their downline (those who they’ve recruited and their recruits’ recruits etc.) make purchases from the company. The recruiting distributor, or sponsor, often doesn’t explain how difficult and expensive it is to advance in the plan. Instead, recruits are told that with hard work, they can make a lot of money from Herbalife. Sadly, too often they are not told the most important pieces of information any new recruit should know: that 89% of new recruits will earn nothing from the company and 90% will drop out in the first year.

A DEEPER LOOK AT HERBALIFE’S COMPENSATION SCHEME:

One of the hallmarks of a pyramid scheme identified by the SEC is: “Complex commission structure. Be concerned unless commissions are based on products or services that you or your recruits sell to people outside the program. If you do not understand how you will be compensated, be cautious.”

A company is deemed a pyramid scheme if the participants make money primarily from recruiting rather than sales to ultimate users.

So, here’s the plan in plain English – see if you find it “complex.” And, notice almost all of the possible income streams are from recruiting.

These distributors tell recruits that there are multiple ways to make money through herbalife’s “7 streams of income”:.

RETAIL COMMISSIONS

WHOLESALE COMMISSIONS

ROYALTIES / ROYALTY ROLL-UPS

PRODUCTION BONUS

CASH PROMOTIONS

PAID VACATIONS

MARK HUGHES BONUS

They make it seem as though it’s easy to make money because there are so many ways to do so.

The truth is that it’s incredibly difficult to make any money from the 7 streams and distributors who are making money often have massive downlines working beneath them. Herbalife’s plan consists of four discount levels and 11 positions in the marketing plan with several sub-categories within those positions. It’s easy to see why new recruits might be confused.

SELLING AT A DISCOUNT – SALES (but unknown if profitable or to people outside the network)

When a person signs up as an Herbalife distributor, she buys Herbalife products from the company at a discount and tries to sell them to friends, family and others at the suggested retail price (SRP), hoping to pocket the difference. The problems start there.

1. Herbalife’s products are overpriced versions of similar products available at health and wellness stores at a fraction of the cost, making these products difficult to sell. 2. The company doesn’t disclose how many other distributors live in a given area who are trying to sell the same products to the same pool of possible customers. Higher-level distributors who get bigger discounts might be able to sell the product cheaper, making it harder for an entry level distributor to sell any product at all. 3. Some distributors sell Herbalife product online at a near 40% discount. Why would anyone buy product at full price if it’s readily available online for much less?

WHOLESALE SELLING – RECRUITING REWARD

A distributor earns “wholesale profit” by capturing the difference in discount levels between herself and people in her downline. So, the distributor needs to have recruited people and have bought enough product to have moved up at least one level in the system. For example, a distributor who purchases product at a 42% discount to SRP is able to capture the spread between their discount level and that of a downline member, purchasing at a 25% discount. This 17% difference is tracked by Herbalife and paid to the upline distributor by direct deposit or check.

ROYALTIES  – RECRUITING REWARD

To be eligible for more than just the first two income “streams,” the distributor needs to spend a significant amount of money, about $3,000 for 4000 “volume points” (Herbalife’s universal currency where one volume point is roughly equivalent to one US dollar) to reach the “supervisor” position.

People who have achieved the position of supervisor are eligible to receive “royalties.” But a distributor can only earn these royalties if she has recruited people and convinced THEM to become supervisors too.

Additional royalties (1-5%) are earned on the volume purchased by anyone in a distributor’s first three levels, which is to say, up to the recruits of the recruits’ recruits. These royalties are based on total volume point value of downline purchases,regardless of whether those distributors actually sell the product.

Here is a slide adapted from an Herbalife video explaining the marketing plan.

What does that look like to you?

PRODUCTION BONUS  – RECRUITING REWARD

The Production Bonus, or 4th stream of income, becomes available only when the distributor reaches the GET Team, which is the seventh position in the plan. Upon reaching the GET Team, distributors can earn 2-7% on the TOTAL volume of their organization (i.e. infinite levels), with some exceptions. This level is important. As if the plan didn’t already incentivize recruiting, the production bonus is payable on infinite levels. Meaning, if a distributor has 50 levels of distributors below her, she makes money on each level, all the way down.

CASH BONUS  – RECRUITING REWARD

Herbalife distributes $500 to distributors upon their reaching Active World Team. Herbalife runs other promotions, including non-cash promotions that occur regularly throughout the year and are designed to inspire large purchases.

VACATIONS – RECRUITING REWARD

Several times a year, Herbalife runs promotions with high qualification thresholds, usually lasting for 3 or 4 months to win a cruise or vacation. Upline distributors use these promotions as opportunities to pressure downline distributors to buy large quantities of product. At every local, regional or national event, the mantra (and popular hashtag) “Qualify for Everything!” is repeated to recruits, encouraging them to purchase enough product to qualify for certain thresholds.

Promotions like these reward those at the top of the pyramid by encouraging those beneath them to make product purchases even when no end customer demand exists.

MARK HUGHES BONUS – RECRUITING REWARD

Finally, there’s the Mark Hughes Bonus, where 1% of the entire company’s annual revenue is divvied up among the top of the pyramid during a highly photographed gala. The check for the top distributor is often in excess of $2,000,000 and with a few exceptions, the top winners have been the same group that’s been collecting those massive checks for 15-20 years.

The distributor receiving the $2,000,000 check isn’t the best salesperson. They will say they’re “just like you!” But the truth is, they likely joined the company in the mid-80s, recruited like crazy and probably used business methods that have since been prohibited.

A PLAN THAT FAVORS ONLY A VERY FEW

In the end, Herbalife’s compensation and commission structure works to benefit those at the very top of the pyramid, and usually to the detriment of those new recruits at the bottom. It is complicated, structurally designed so that the only way to make any real money from the company is to sell others on becoming Herbalife distributors. They, in turn, can really only make money by recruiting their own downline and getting them to do the same. The confusing scheme obfuscates the probability of success and makes it easier for the company to recruit.

Because the compensation plan is complicated – and rarely thoroughly explained – millions of people every year sign up for an opportunity that will rob them of time and money and leave them far short of becoming the millionaires they thought they might be.

Distributors can’t advance to the upper echelons of the company without recruiting distributors who themselves are advancing in the plan.

The website factsaboutherbalife.com (the “Website”) is maintained by Pershing Square Capital Management, L.P. ("Pershing Square").

Pershing Square currently maintains an investment position in the common stock of Herbalife Ltd. (“Herbalife”) that will profit if the price of Herbalife common stock declines. Pershing Square may change its views about or its investment positions in Herbalife at any time, for any reason or no reason, and at any time may change the form or substance of any of its Herbalife investment position.

The information and opinions contained in the Website are based on publicly available information about Herbalife and other companies. Although Pershing Square believes the statements it makes in the Website are substantially accurate in all material respects, Herbalife and others may dispute the accuracy of such statements. Pershing Square makes no representation or warranty as to the accuracy or completeness of these statements, and expressly disclaims any liability relating to these statements.

The statements Pershing Square makes on the Website are not investment advice or a recommendation or solicitation to buy or sell any securities. Herbalife shareholders and other investors should conduct their own independent investigation of Herbalife and any other companies to which these statements or communications may be relevant.

I confirm that I have read the terms of this website.

• Achieve Your Goals
• Wellness Resources
• Business Opportunity
• About Herbalife

Find the entrepreneur in you

Your business, your way

There are a lot of reasons to become a Herbalife Independent Associate. Maybe you want a part-time business that gives you the flexibility to spend time with friends and family. Or maybe you’re interested in starting, growing and running your business from anywhere in the world. And along the way, you’ll experience the positive impact you’ll be making to help people live their best lives.

Building a Herbalife business as an Independent Associate gives you an opportunity to grow on your terms*. We offer you to help develop skills to serve, inspire, empower your customers and, if you like, offer help to other Herbalife Associates who share your commitment. As you grow in your Herbalife journey, you can unlock new ways to earn income**.

Join Herbalife today, and embrace a future where creativity knows no bounds. Let your goals become your reality. *The Herbalife Rules of Conduct and all other rules, policies and advisories that Herbalife issues or, in the future, may issue from time to time.​ **As per Herbalife Sales and Marketing plan.

You know them, trust them and love them, so why not build a business around them? What sets Herbalife apart is our commitment to science-backed solutions across the health and wellness space.

Herbalife uses high-quality ingredients from world-class suppliers committed to meeting our high standards. You can confidently offer products that are formulated to support your daily nutrition and are tested for quality.​

When you join Herbalife, your Independent Associate will mentor you one on one to inspire and unleash your creativity* and reach your goals. Together, you will uncover your hidden potential, fuelling your passion and moving closer to your dreams. And you will have access to materials circulated by Herbalife to support your business.

Your Associate will also introduce you to a powerful network of mentors who started out just like you. You’ll form meaningful connections in this vibrant community of successful entrepreneurs. They can help you expand your vision and drive personal and professional growth.

Experience a world of opportunity as your Associate and supportive network give you transformative training, success strategies, and innovative ideas. So you feel empowered to build your business.

*The Herbalife Rules of Conduct and all other rules, policies and advisories that Herbalife issues or, in the future, may issue from time to time.

Flexibility

Running your Herbalife business as an Independent Associate opens the door to design your work life on your terms. You have the freedom to decide how much effort to devote to your business, set your own schedule, choose how to run every part of your business, and make decisions that align with your vision.

With our support, you have the power to create a business that’s tailored to you. We fully embrace that every Associate has a unique dream for a business. That’s why you get to use your creativity and your innovation to work.* 

Instead of settling for the ordinary, say yes to you. And embrace the extraordinary possibilities that come with running your own business as an Independent Associate​

*The Herbalife Rules of Conduct and all other rules, policies and advisories that Herbalife issues or, in the future, may issue from time to time.​

Imagine the possibility of starting a business as a Herbalife Independent Associate that can be about more than just making money. It's about changing lives and empowering others to live healthy, active lifestyles. With our purpose-driven company, every step you take in your business has the power to make a real impact* on the people around you.

You'll be part of a global movement focused on improving well-being and health for people everywhere. When you start a business that helps you and helps others, it will ignite your passion and inspire you to create positive change in the lives of countless individuals.

*The Herbalife Rules of Conduct and all other rules, policies and advisories that Herbalife issues or, in the future, may issue from time to time.

​​Our promise to you​

Starting your Herbalife journey is simple and easy. There are no minimum purchases required and no start-up costs. There is a 100% refund guarantee on product plus shipping cost for the return of all products purchased in the prior 12 months if Associateship is cancelled for any reason. There is no requirement to purchase any sales and business tools to start up or succeed in your Herbalife Associateship. We clearly define the benefit of each product and appropriate method of use directly on the product label - we want to make absolutely sure that the right products are taken the right way to achieve realistic results. We provide realistic expectations of the business opportunity and the effort required to succeed at all levels. We provide clear, accurate, and timely disclosures to prospective Associates regarding potential income.

Press Releases

Herbalife nutrition executive team shares growth strategies at 2021 virtual investor day.

LOS ANGELES--(BUSINESS WIRE)-- Herbalife Nutrition, a premier global nutrition company, today hosted a virtual investor day with presentations on the Company’s growth outlook, and its long-term strategy. In addition to presentations from the Company’s CEO, president and CFO, investors sat in on a fireside chat with other members of management, moderated by Jefferies Managing Director Stephanie Wissink. Highlights can be found in this release and a replay of the day’s events along with a copy of the materials referenced will be available on September 15, 2021 on the Company’s investor relations page at https://ir.herbalife.com .

This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20210915005405/en/

“With a renewed focus on driving shareholder value, our long-term strategy will open up a whole new chapter of growth,” said John Agwunobi, Chairman and CEO of Herbalife Nutrition.

Agwunobi kicked off the day with an overview of the Company’s strategy, long-term growth outlook, and focus on maximizing shareholder value. Then, the Company’s President, John DeSimone detailed a number of key strategic objectives.

“Over the past four quarters, the U.S. generated approximately 3.4 million new customers, and we believe there is a huge opportunity to drive top-line growth by improving customer activity and retention rates by focusing on key strategies including new product innovation, nutrition club expansion, digital transformation, and efforts to enhance trust in our brand,” said DeSimone.

• Local Product Innovation expands the Company’s commitment to quality and product choice with a greater focus on local market product development. The Company’s investment in science, manufacturing and improved speed to market has reduced the launch times for some new products by 22%. Expanded local product development will enable the Company to develop products that resonate with local target audiences. The Company also expects to launch a vegan line next year as well as other clean label options.
• The clubs create a sense of community and offer a location to consume products and experience the value that our distributor coaches create. Currently, there are approximately 11,000 locations in the U.S. and more than 72,000 globally.
• In the U.S., single servings prepared at clubs represented approximately 33% of total U.S. sales in Q2 2021.
• In the U.S., the Company captures virtually all customer transactions and currently has detailed information on more than 58.9 million customer transactions from the last four quarters. The Company plans to extend similar data gathering programs globally in order to better predict customer behaviors, which in turn will help improve customer experience, customer activity and retention.
• A strategic refresh of the Company’s brand reflecting the unique value proposition that the Company and its distributors present will be introduced at its large global distributor event in 2022
• The Company’s Environmental, Social, and Governance (ESG) strategy elevates its position as a leader in nutrition and in providing economic opportunities to expand the Company’s commitment and impact related to important global issues.
• A presentation highlighted the Company’s effort to further strengthen its relationship with “Gen Z” and “Millennial” entrepreneurs. During the second quarter of 2021, two-thirds of our new distributors and preferred customers where GenZ or Millennials.

Executive presentations wrapped up with a financial presentation by Chief Financial Officer Alex Amezquita that included among other things insight into historical performance, global trends supporting organic net sales growth, and capital allocation.

The presentation explained why the Company expects long-term organic annual net sales growth in the mid to high-single digit range, believes annual adjusted EBITDA growth in the high-single digit range is achievable, and believes adjusted earnings per share growth is on track to be in the double-digit range. It is important to note that the growth rate estimates for net sales, adjusted EBITDA and adjusted diluted EPS assume a constant currency environment.

“Consumer demand for our nutrition products has created momentum in our business that puts us in a position of strength for long-term growth. This opportunity is reflected in our long-term growth algorithm which we believe presents an attractive investment opportunity for investors,” said Amezquita.

The Company’s capital allocation policy has enabled it to service its debt, invest for the future and return approximately $5.6 billion dollars over the past 10 years.

The event concluded with a financial update and a live Q&A session with the Company’s CEO, President and CFO. During the Q&A session, management confirmed that as part of its ongoing share repurchase program, the Company expects to repurchase more than $200 million in shares in the third and fourth quarters, and that during the third quarter, approximately $76.6 million in shares had been repurchased thus far.

Additionally, management provided the following volume points by region for the third quarter-to-date through August 31 during the Q&A session:

Trends through the first part of September have been consistent with that seen in the first two months of the quarter.

The Company’s third quarter ending September 30, 2021 is still ongoing and although the interim third quarter results and updated third quarter and full year 2021 guidance discussed herein, during the Company’s investor day presentation earlier today and in the Company’s press release dated September 13, 2021 reflect some interim third quarter information, the Company has not begun the quarter-end process of compiling, analyzing and finalizing the full results for the quarter. The Company’s independent registered public accounting firm has not reviewed any of the interim third quarter information. As such, there can be no assurance that reported results will be in the ranges specified. The Company expects to report its final results for the third quarter of 2021 on November 2, 2021.

About Herbalife Nutrition Ltd.

Herbalife Nutrition (NYSE: HLF) is a global company that has been changing people's lives with great nutrition products and a business opportunity for its independent distributors since 1980. The Company offers high-quality, science-backed products, sold in over 90 countries by entrepreneurial distributors who provide one-on-one coaching and a supportive community that inspires their customers to embrace a healthier, more active lifestyle. Through the Company’s global campaign to eradicate hunger, Herbalife Nutrition is also committed to bringing nutrition and education to communities around the world.

Forward-Looking Statements

This release contains “forward-looking statements” within the meaning of the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Although we believe that the expectations reflected in any of our forward-looking statements are reasonable, actual results could differ materially from those projected or assumed in any of our forward-looking statements. Our future financial condition and results of operations, as well as any forward-looking statements, are subject to change and to inherent risks and uncertainties, many of which are beyond our control. Additionally, many of these risks and uncertainties are, and may continue to be, amplified by the COVID-19 pandemic. Important factors that could cause our actual results, performance and achievements, or industry results to differ materially from estimates or projections contained in or implied by our forward-looking statements include the following:

• the potential impacts of the COVID-19 pandemic on us; our Members, customers, and supply chain; and the world economy;
• our ability to attract and retain Members;
• our relationship with, and our ability to influence the actions of, our Members;
• our noncompliance with, or improper action by our employees or Members in violation of, applicable U.S. and foreign laws, rules, and regulations;
• adverse publicity associated with our Company or the direct-selling industry, including our ability to comfort the marketplace and regulators regarding our compliance with applicable laws;
• changing consumer preferences and demands;
• the competitive nature of our business and industry;
• legal and regulatory matters, including regulatory actions concerning, or legal challenges to, our products or network marketing program and product liability claims;
• the Consent Order entered into with the FTC, the effects thereof and any failure to comply therewith;
• risks associated with operating internationally and in China;
• our dependence on increased penetration of existing markets;
• any material disruption to our business caused by natural disasters, other catastrophic events, acts of war or terrorism, cybersecurity incidents, pandemics and/or other acts by third parties;
• noncompliance by us or our Members with any privacy laws, rules, or regulations or any security breach involving the misappropriation, loss, or other unauthorized use or disclosure of confidential information;
• contractual limitations on our ability to expand or change our direct-selling business model;
• our reliance on our information technology infrastructure and manufacturing facilities and those of our outside manufacturers;
• the sufficiency of our trademarks and other intellectual property;
• product concentration;
• our reliance upon, or the loss or departure of any member of, our senior management team;
• restrictions imposed by covenants in the agreements governing our indebtedness;
• risks related to our convertible notes;
• changes in, and uncertainties relating to, the application of transfer pricing, customs duties, value added taxes, and other tax laws, treaties, and regulations, or their interpretation;
• our incorporation under the laws of the Cayman Islands; and
• share price volatility related to, among other things, speculative trading and certain traders shorting our common shares.

We do not undertake any obligation to update or release any revisions to any forward-looking statement or to report any events or circumstances after the date hereof or to reflect the occurrence of unanticipated events.

Non-GAAP Measures

The Company has included in this release adjusted diluted EPS and adjusted EBITDA, performance measures that the Securities and Exchange Commission defines as “non-GAAP financial measures.” Management believes that such non-GAAP financial measures, which exclude the impact of certain unusual or non-recurring items, when read in conjunction with the Company’s reported results, calculated in accordance with GAAP, can provide useful supplemental information for investors because they facilitate a period to period comparative assessment of the Company’s operating performance relative to its performance based on reported results under GAAP, while isolating the effects of some items that vary from period to period without any correlation to core operating performance and eliminate certain charges that management believes do not reflect the Company’s operations and underlying operational performance. The Company’s definition and calculation of adjusted diluted earnings per share and adjusted EBITDA may not be comparable to similarly titled measures used by other companies because other companies may not calculate them in the same manner as the Company does and should not be viewed in isolation from nor as alternatives to diluted EPS or net income calculated in accordance with GAAP.

View source version on businesswire.com: https://www.businesswire.com/news/home/20210915005405/en/

Media Contact: Jennifer Butler Vice President, Media Relations 213.745.0420

Investor Contact: Eric Monroe Senior Director, Investor Relations 213.745.0449

Source: Herbalife Nutrition

Released Sep 15, 2021 • 8:30am EDT

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Herbalife Marketing Business Plan PDF Download

Download Herbalife Nutrition latest Full Business MLM Plan PDF for free – Herbalife Income and Business Plan PDF

This post will provide you with a PDF of the complete Herbalife Business Plan.  You can find the latest Marketing and Business Plan for Herbalife Nutrition,  which you can also download in PDF format   at the end of the post.

Herbalife Nutrition is a Legal Direct Selling Company and one of the top 5 MLM companies in the world in terms of revenue it is also among the most popular MLM Companies in India .

In this post, we will discuss Herbalife Business Plan and later we have placed a download button to download Herbalife Business Plan PDF.

Herbalife Nutrition Business Plan

Herbalife is an international Network Marketing company that primarily sells health and weight management products. Being an MLM Company, Herbalife provides an opportunity for everyone to join the company as a distributor and earn money.

Anyone can join Herbalife and after joining the company, a person is called Herbalife Associate .

Being a Herbalife Associate, every person has to perform two major tasks to earn well. There are several other tasks, but these two are the most important ones.

1. Product Sale

After becoming an Associate, the company provides the product at a lower price known as Distributor Price (DP).

One can earn a certain amount by selling Herbalife products at MRP that is higher than DP often called Retail Profit .

2. Recruitment

The second way to earn more from Herbalife is through recruitment. To earn passive income, you need to recruit more people and add them to your downline.

With this, you will receive a part of the profit on their product purchase.

Herbalife Business Plan PDF

Click the below button to download the Herbalife Business Plan PDF which is also called Herbalife Compensation Plan.

Source: edge.myherbalife.com

Herbalife Incomes

Herbalife Business Plan includes 7 types of Income.

• Retail Profit
• Wholesale Bonus
• Royalties Reward
• Production Bonus
• Vacations Bonus
• Mark Hughes Bonus

Herbalife Products

Products are the most important in any MLM company. Herbalife’s Products List is significantly small and holds fewer products than its competitors FLP , Amway , and Vestige .

Herbalife Afresh ,  Formula 1 , and Formula 2 Shake are popular Herbalife Products that are premium in quality but issues arise with the pricing and adverse side effects seen by few consumers.

The Herbalife Product Catalog includes a detailed description of every product.

We hope you liked this article and understood Herbalife Nutrition Business Plan . Also, you were able to download Herbalife Business Plan PDF . If you have any questions or suggestions, do let us know in the comment.

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What is a Herbalife Account?

An Herbalife Account gives you access to services such as MyHerbalife and GoHerbalife, and combines all of your existing Herbalife Accounts into one so (1) you can more easily manage your contact information; (2) your independent Herbalife Member(s) can more easily manage your relationship with them; and (3) your contact information is secured by a password that meets Herbalife's current security standards.

• : HERBALIFE PRIVACY POLICY

Herbalife International of America, Inc.’s privacy program, described in this privacy statement, complies with the Asia Pacific Economic Cooperation (APEC) Cross-Border Privacy Rules system (CBPRs). CBPRs provides a framework for organizations to ensure protection of personal information transferred among participating APEC economies. More information about the APEC Privacy Framework and CBPRs can be found  here . To view our certification, please see the APEC CBPR System Directory . For more information on the scope of our participation, or  submit a privacy inquiry through BBB National Programs , our Accountability Agent, please click on the official seal below:

Last Revised: March 18, 2024 This Privacy Policy (“Policy”) applies to Herbalife International of America Inc. and its U.S. affiliate entities (“Herbalife”). It applies to all information collected by Herbalife through its online properties and mobile applications (the “Sites”) where this Privacy Policy is posted. It also applies to information that Herbalife collects through offline methods. Unless otherwise indicated, this Policy does not apply to an Herbalife Independent Distributor’s (“Distributor” or “Herbalife Distributor”) collection or use of information obtained by the Distributor directly from you or from sources other than Herbalife, unless it then is disclosed to and retained by Herbalife.

The purpose of this Privacy Policy is to inform you of the kinds of information we may collect, how such information may be used, to whom such information may be disclosed, your choices regarding the collection, use and sharing of such information, your ability to access, delete and correct such information and the security procedures we use to protect this information.

1. What information does Herbalife collect? Information You Provide Us Directly

At different occasions, you may provide information directly to Herbalife, first and last name, mailing address, telephone number, email address, credit card information, banking information, and biographical information (including, but not limited to, date of birth, education, professional details, and marital status). For example, you may provide us with information when using the Sites, responding to surveys or questionnaires, or when becoming an Herbalife Distributor or an Herbalife Preferred Member (“Preferred Member”). If you do not provide us with the requested information, in some cases, we will not be able to provide you the service you have requested.

For Herbalife Distributors, Preferred Members, and Customers, we collect information about products you purchase online and information voluntarily uploaded by members on the Sites, such as their leads and marketing efforts. In addition, we collect information about Herbalife Distributor’s commissions, bonuses or discounts.

If you disclose to us any information of another individual, you are required to have secured the appropriate consent of that individual for disclosing such information to us.

2. Information About Your Device and Your Use of the Sites

We may gather certain information automatically, such as Internet Protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamps, your Site activity (including the Site content you view, mouse movements, mouse clicks, taps, swipes, and information you view), and/or clickstream data for purposes such as analyzing trends, administering the Sites, improving the function and content of the Sites, and enforcing our Terms. We use standard Internet technologies, such as cookies, web beacons, pixels, and similar technologies to collect this information, as explained below in the section on cookies. We may also use session replay/screen capture technology or similar technologies to collect on a real-time basis information on how you use and navigate the Sites. This may include mouse movements, how you scroll through the Sites, and certain keystroke information.

We may also collect precise information about your location, such as your mobile device’s GPS coordinates, cell tower information and/or Wi-Fi signals. Herbalife may use this information to personalize your experience in connection with your use of the Sites, Nutrition Clubs, or other Herbalife products and services. If you do not want Herbalife to collect and use your specific geolocation information, you can disable the location features on your device. Check your device manufacturer settings for how to do so.

3. Information from Third-Party Sources

We may receive additional information about you from public and commercially available sources and other third parties. Distributors may also provide information about you with Herbalife. If you access third-party services, such as Facebook, Google, or Twitter through the Sites, to log in to the Sites or to provide information about your experience on the Sites with others, we may collect information from these third-party services. We may combine all of the information we collect and receive about you, both online and offline, and use or disclose it in the manner described in this Privacy Policy.

4. How does Herbalife use my Information?

We use the information we collect about you for a variety of purposes, including: providing you with the products, services and support you request; processing your transactions and shipping your orders; communicating with you about your account or transactions, changes to our policies and other administrative matters, or your questions and comments; to better understand your interests in order to provide you with promotional information, relevant content, product recommendations, surveys, questionnaires, and other materials; improving our products, services and operations; conducting data analytics, such as market and consumer research, trend analysis, and financial analysis; administering rewards programs; providing public recognition, awards, and/or celebrations for achievements and/or advancements made in the Herbalife Sales & Marketing Plan, including through, among other channels, social media, our Sites, or at Company functions and events; providing personalized services you request such as nutrition management and sports performance testing; and ensuring compliance with or enforcing our Company policies, member rules, the law, and our rights, including handling and investigating complaints and other inquiries, or as we believe is necessary to prevent against harm or to protect, enforce or defend the legal rights, privacy, safety or property of ourselves and others. We also use this information to validate sales made by Herbalife Distributors, to help Herbalife Distributors search for, communicate with and validate customers in our systems, and for Herbalife’s compliance purposes. We may also use personal information to detect, investigate, prevent, or take action regarding possible fraudulent or illegal activity, including fraudulent transactions or unusual sign-in activities to your account. Herbalife or its authorized third parties may contact you directly for these purposes using various contact methods described in section 4, “How will Herbalife Communicate with me?”

Herbalife may also use this information to support the operation of the Preferred Memberships and Distributorships, and to maintain proper functioning of the Herbalife Sales & Marketing Plan. For example, information about Preferred Members may be used to support, calculate and track your product discount and to provide you with information on special promotions. Information about Herbalife Distributors may be used to support, calculate and track discounts, earnings and bonuses; conduct data analytics, such as predicting and assessing Distributors’ eligibility for discounts, earnings, commissions and bonuses; issue payments and report income to taxing authorities; provide training; and ensure compliance with applicable law and Company policies, plans and agreements, including the Distributorship Application and Agreement.

We may retain your information for as long as needed to: provide you services; fulfill other legitimate business needs, such as maintaining the proper function of the Sales & Marketing Plan; fulfill our compliance and legal obligations; and resolve disputes and enforce our agreements, including the Distributorship Agreements.

5. With whom does Herbalife disclose my Information?

Herbalife group companies.

We may disclose your information to our affiliates and subsidiaries (companies that control, are controlled by, or are under common control with, Herbalife). Examples of how these entities may use your information include assisting you with inquiries, support requests, and account management, and making predictions about your interests, and providing you with special offers, promotions, advertisements, and other materials.

Vendors & Service Providers

We may disclose your information to vendors that perform functions on our behalf. Examples of such functions include fulfilling orders, delivering packages, email administrative functions, conducting data analytics and helping us make our advertising more relevant (including through AI- based analysis), processing credit card payments, investigating fraudulent, illegal, or otherwise noncompliant activity, and providing customer service.

Herbalife Independent Distributors

If you are an Herbalife Distributor, Preferred Member, or Customer, we may disclose your information to other Herbalife Distributors, including without limitation as part of a Lineage Report which contains information about Distributors and Preferred Members in an Herbalife Distributor’s downline or about Customers of a Distributor. (The downline organization consists of all Distributors and Preferred Members that were personally sponsored by a particular Distributor, and in turn, all other persons sponsored by the subsequent Distributors.) The information about Distributors, Preferred Members and Customers that may be disclosed to other Distributors includes name; contact information; birthday; level or rank; Herbalife ID number; documented and non-documented volume and sales statistics; purchasing history and data; unredeemed reward information; marketing preferences; and information collected in connection with health and wellness surveys (such as gender, age range, height, weight, target weight, wellness priorities, and activity levels). To the extent required by applicable law, we will obtain your consent to disclose your health and wellness information to other Distributors. To the extent the Lineage Report contains data from residents outside of the United States, including residents of the European Union, we have taken appropriate measures to protect the data in accordance with applicable law. Lineage Reports are provided to Distributors in strict confidence and for the sole purpose of supporting the Distributors in further developing their Herbalife businesses, including for use in marketing tools and platforms.

We may disclose your information to Distributors to offer and provide you with products and services, and these Distributors may further disclose your information as described in their privacy policies. For example, if you use some of our Sites, such as GoHerbalife.com and our Weight Loss Challenge Site (HerbalifeWLC.com), your information may be disclosed to one or more Distributors servicing those sites. Similarly, if you participate in a Nutrition Club, we may disclose your information to any of the Distributors operating the Nutrition Club. We may also disclose your information to Distributors so that they can provide you with a more personalized experience, such as recommending products and services that are most relevant to you. If you are a Distributor, we may disclose your information to your upline Distributors so they can manage their organizations and provide you with personalized support and training. Herbalife Distributors who receive your information are bound by the terms of their Distributorship Agreement and the privacy and data protection covenants contained therein. Some of these Distributors may be based in countries that do not offer the same or a similar level of privacy protection as is available in your own country.

We may also disclose personal data to Distributors if it is necessary to investigate any complaints, alleged rules violations, or other similar types of inquiries. If you operate a Nutrition Club, we may disclose the location of that Club to Preferred Members, customers, and other Herbalife Distributors.

Legal & Compliance Disclosures

We may also disclose your information: as required by law, such as to comply with a subpoena, legal proceedings, or similar legal process, including disclosure to authorized third-party auditors; or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate or prevent fraud, or respond to a government request.

Business Transitions

We may disclose your information if Herbalife is involved in a merger, acquisition, or sale of or transfer of assets, or in the unlikely event of bankruptcy.

Other Parties in Aggregated Form

We may disclose your information with third parties in aggregated, or de-identified form.

Other Parties with Your Consent

In addition to the sharing described in this Privacy Policy, we may also disclose information about you with third parties for any other purpose disclosed to you at the time we collect the information or pursuant to your consent or direction.

If you opt in to receive SMS/MMS marketing from Herbalife, your consent will be used exclusively for Herbalife (including Herbalife Family Foundation) promotions and not disclosed to third parties for their marketing or promotional purposes. The opt-in is not transferable to any party other than Herbalife (including Herbalife Family Foundation). View  SMS Terms & Conditions  for more information.

6. How will Herbalife communicate with me?

Herbalife may communicate with you via email, postal mail, telephone, text message, or other means on a regular basis to provide requested products and services and/or in regard to issues relating to your Herbalife business (if you are a Distributor). In order to validate customer sales, Herbalife may communicate with you via email, postal mail, telephone, text message, or other means on a regular basis (if you are a Customer).

Additionally, you may receive periodic information on Herbalife’s business, products, services, special deals, and the Herbalife Foundation through various communication means as described above. Herbalife Distributors and Preferred Members may manage certain communications within their MyHerbalife Communications Preferences center. In addition, you may manage these kinds of communications by following the instructions provided in the communication or by contacting us at 866-866-4744.

7. Is my Personal Information Secure?

We take steps to ensure that the personal information we collect about you remains accurate, timely and secure. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure and while we strive to protect your personal information, we cannot guarantee or warrant its complete security.

8. How can I Exercise Any Applicable Rights, Such as Accessing or Correcting my Information?

In some instances, you may visit one or more of our Sites to verify and update certain information (for example, certain Distributor and Preferred Member account information on MyHerbalife). If you are not able to update your information on our Sites, please contact us. We will use commercially reasonable efforts to accommodate requests to update your information.

If you reside in California, Colorado, Connecticut, Utah or Virginia, you may have certain rights regarding your personal information. If you are a California resident, for more information about your privacy rights, please see the Supplemental Privacy Notice for California Residents .

9. The Right to Access, Correct, and Delete Personal Information.

Applicable law may give you the right to: (1) request access to, correction or deletion of, your personal information; or (2) opt out of the processing of your personal information for purposes of targeted advertising or the sale of your personal information, or (3) appeal our decision with respect to a request you have submitted. Applicable law may also give you the right to authorize an agent to submit requests on your behalf. If you designate an authorized agent to make a request on your behalf, you must (1) verify your identity directly with us and (2) provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. To submit a request to access, correct, or delete your personal information, or to appeal a decision, or for assistance with any of these rights, follow the instructions provided in this link or call 1-888-926-8905. This line is open Monday to Friday from 8:00 a.m. to 5:00 p.m. Pacific Standard Time. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request. This verification process may require you to provide your Member ID, or other pieces of personal information that we already hold about you, or, in certain circumstances, a signed declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.

10. The Right to Opt-Out of (i) Sales or Sharing of Personal Information and (ii) Targeted Advertising.

Depending on your state of residence, applicable law may define “sale” very broadly and includes the disclosure of personal information for anything of value. We do not sell your personal information in exchange for monetary consideration. We may disclose your personal information by allowing certain third parties (such as social media networks, data analytics providers, and online marketing and advertising services) to collect personal information via automated technologies (such as cookies or pixels) on our Sites for social networking and advertising purposes. Under applicable law, these kinds of disclosures may constitute “targeted advertising,” or a “sale” when the personal information is exchanged for non-monetary consideration, or “sharing” when the personal information is disclosed for cross-context behavioral advertising purposes.

The categories of personal information that we may sell, share, or use for targeted advertising (and may have sold or shared or used for targeted advertising during the 12-month period prior to the effective date of this Notice) includes identifiers, commercial information, online activity/device and site usage information, and geolocation data.

Visitors to our US websites can opt-out of the processing of their personal information for purposes of targeted advertising, or the sale or sharing of personal information, by clicking on the Do Not Sell or Share My Personal Data/Opt-Out of Targeted Advertising   at the bottom of the Sites and following the instructions in that link.

In addition, California and Colorado residents may use an opt-out preference signal, such as the Global Privacy Control (“GPC”), to opt-out of the sale or sharing of your personal data. If you choose to use a browser that supports the GPC signal, you will need to enable it for each supported browser that you use on your device. If enabled and broadcasting a signal to not sell or share your data, the GPC will be applied to your browser. If you are logged into your Herbalife account (such as MyHerbalife.com) while a GPC is enabled on your browser, it will be applied to your account while logged into the site and using that same browser. We otherwise do not associate your devices or browsers with any user account. If you clear your cookies or use a private browsing mode, such as “incognito mode,” and later visit our sites, you will need to have your GPC enabled for the GPC to be applied again to your browser.

If you are a California or Colorado resident, for more information about our processing of personal information, please see the Supplemental Privacy Notice for California Residents and Supplemental Privacy Notice for Colorado Residents.

11.   International Transfers.

The Sites are headquartered in the United States. Please be aware that information you provide to us or that we obtain as a result of your use of the Sites may be collected in your country and subsequently transferred to another country in accordance with applicable law. Using the Sites demonstrates your consent to the processing of information as described in this Policy.

12.   Children’s Information.

The Sites are general audience websites that are not directed to children younger than 13. We do not knowingly collect, use or disseminate any personal information from children under the age of 13, unless permitted by law. If you believe we may have collected personal information from your child on the Sites, please contact us at [email protected] and we will make reasonable efforts to delete it from our records, when required by law.

With parental consent, we allow minors to join as a member. Given the broad definitions of “sale” and “share” under California law, if minors access our sites that utilize online tracking technologies, their information may be sold or shared. We may therefore sell or share the personal information of minors under 16 years of age under these limited circumstances.

13.   Cookies and Tracking.

Herbalife, as well as certain third parties that provide content and other functionality on our Sites, use cookies, web beacons, pixels, session replay/screen capture, software developer kits, and other similar technologies to collect or receive information for various purposes, including to analyze trends, administer the website, track users’ movements around the Sites, provide measurement services and targeted ads, and to gather demographic information about our user base as a whole.

Cookies are small pieces of information that are stored on computer hard drives. A cookie enables the entity that put the cookie on your device to recognize it across different websites, services, devices, and browsing sessions. For example, we may use cookies to recognize you when you return to the Sites in order to provide you with a better user experience. We may allow third parties to use cookies on the Sites, but we do not control the use or contents of third-party cookies. Web browsers often allow you to configure the browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. If you elect to reject cookies, please note that you may not be able to take full advantage of the features and functions of the Sites. To learn more about cookies and how to manage them, please visit http://www.allaboutcookies.org/ .

Web beacons and similar technologies are small bits of code, which are embedded in web pages, advertisements, and emails, that communicate with third parties. We use web beacons, for example, to count the number of users who have visited a particular webpage, to deliver or communicate with cookies, and to understand usage patterns. We also may include web beacons in emails to understand whether messages have been opened, acted on, or forwarded.

There are other local storage and internet technologies, such as Local Shared Objects (also referred to as “Flash cookies”), HTML5 local storage and embed scripts, which can operate similarly to the cookies discussed above. Please note that these technologies are distinct from cookies, and you may not be able to control them using standard browser tools and settings. For information about managing Flash cookies, please click www. adobe.com/privacy.html . To learn more about Adobe analytics and to opt out, click www.adobe.com/privacy.html .

We may use Bluetooth beacon technology to improve the Nutrition Club experience. Mobile devices that have enabled Bluetooth can receive a signal when in range of a beacon. The signals will not be received unless the user has turned on Bluetooth, installed an Herbalife mobile application and enabled push notifications. The beacon functionality may allow for notifications, customer check-ins, and payments. You can disable the beacon functionality in the app’s settings.

14.   Do Not Track.

Web browsers may allow you to send “Do Not Track” requests. We do not currently take actions to respond to Do Not Track signals because there is no current industry standard concerning what, if anything, websites should do when they receive such signals. We continue to review new technologies and may adopt a standard if and when one is created.

15.   Online Advertising.

We may display advertising on our website and partner with third parties to manage advertising on other websites for our products and services. We may also partner with third parties, including business partners, advertising networks, and other advertising service providers, who gather information about you on our Sites and other sites to provide you with advertisements on the Sites and elsewhere online based on your browsing history and tailored to your interests, preferences, and characteristics. Cookies, pixels, or other similar technologies may be used to provide you with advertising based upon your browsing activities and interests, and in some cases, the information in these cookies and in other technologies may be linked to your email address, which we may disclose to our vendors. We are not responsible for the privacy practices of these third parties, and the information practices of these third parties are not covered by this Policy.

Some third parties collect information about users of our Sites to provide interest-based advertising on our Sites and elsewhere, including across browsers and devices. These third parties may use the information they collect on our Sites to make predictions about your interests in order to provide you ads (from us and other companies) across the internet. Some of these third parties may participate in industry-developed programs designed to provide consumers with choices about whether to receive targeted advertising. Due to differences between using apps and websites on mobile devices, you may need to take additional steps to disable targeted ad technologies in mobile apps. Many mobile devices allow you to opt out of targeted advertising for mobile apps using the settings within the mobile app or your mobile device. For more information, please check your mobile settings. You also may uninstall our apps using the standard uninstall process available on your mobile device or app marketplace.

To opt out of interest-based advertising across browsers and devices from companies that participate in the Digital Advertising Alliance or Network Advertising Initiative opt-out programs, please visit the websites operated by the Network Advertising Initiative ( //www.networkadvertisin g.org/choices/ ) and the Digital Advertising Alliance ( //www.aboutads.info/choices/ ). You may also be able to opt out of interest-based advertising through the settings within the mobile app or your mobile device, but your opt-out choice may apply only to the browser or device you are using when you opt out, so you should opt out on each of your browsers and devices if you want to disable all cross-device linking for interest-based advertising. Further information in local languages may be available at www.youronlinechoices.com/ . If you are located in the European Union more information is available at http://www.youronlinechoices.eu/.   Please note that even if you use an industry-based opt-out for interest- based advertising, you will continue to receive generic advertisements and your experience on our Sites may be degraded.

16.   Online Forums.

The Sites may offer publicly accessible community forums. You should be aware that any information you provide in these areas is public and may be read, collected, and used by others who access them. To request removal of your personal information from these forums, email us at priv [email protected]. In some cases, we may not be able to remove your personal information.

17.   Third-Party Links.

The Sites may contain links to websites operated and maintained by third parties over which we have no control. Any information you provide to third-party websites will be governed under the terms of each websites' privacy policy and we encourage you to investigate such policies before disclosing any information to the operators of third-party websites. We have no responsibility or liability for the content, actions or policies of third-party websites. The inclusion of links to third-party websites on our Sites in no way constitutes an endorsement of such websites' content, actions or policies.

18.   Third-Party Functionality.

Some of the functionality on the Sites may be provided by third parties that are not affiliated with Herbalife. These entities may collect or receive certain information about your use of the Sites, including through the use of cookies, Web beacons, and similar technologies. Herbalife is not responsible for the privacy practices of these entities.

If you access third-party services, such as Facebook, Google, or Twitter, through the Sites, to log in to the Sites or to share information about your experience on the Sites with others, these third-party services may be able to collect information about you, including information about your activity on the Site, and they may notify your connections on the third-party services about your use of the Site, in accordance with their own privacy policies.

19.   Modifications to this Policy.

This Privacy Policy was last updated on the date listed at the beginning of this Policy. Herbalife reserves the right to change this Privacy Policy at any time. Any changes to this Policy will be effective immediately upon notice, which may be provided to you by posting the latest version on the Sites. Your subsequent use of the Sites will be deemed acceptance of such changes. Be sure to review this Privacy Policy periodically to ensure familiarity with its most current version. By using the Sites following the posting of changes to this Privacy Policy, you agree to all such changes.

20.   What if I have questions?

Herbalife takes privacy concerns seriously. If you have questions or comments, you may contact us at: 800 West Olympic Blvd., Suite 406, Los Angeles, California 90015 (Attn: Privacy Dept.), [email protected] , 866-866-4744.

Supplemental Privacy Notice for California Residents

Effective Date:  March 18, 2024

Last Revised:  March 18, 2024

This Supplemental Privacy Notice supplements the information in our Privacy Policy above and applies solely to California consumers. We adopt this Supplemental Notice to comply with the California Consumer Privacy Act of 2018 (as amended by the California Privacy Rights Act of 2020) and its implementing regulations (collectively, the “CCPA”). This Supplemental Privacy Notice uses certain terms that have the meanings given to them in the CCPA.

Notice of Collection and Use of Personal Information

We may collect (and may have collected during the 12-month period prior to the effective date of this Supplemental Privacy Notice) the following categories of personal information about you:

• Identifiers: identifiers such as name, date and place of birth, permanent residence, home and business addresses, email address, telephone numbers, unique personal identifiers, online identifiers, Member ID, Customer ID, Distributorship ID, account name, signature, Social Security number, tax ID number, Internet Protocol address, and driver’s license, state identification card, or passport numbers.
• Protected Classifications: characteristics of protected classifications under California or federal law, such as race, national origin, age, sex, or gender.
• Financial Information: bank account number, credit card number, debit card number, and similar banking information
• Commercial Information: commercial information such as transaction data, products or services purchased, obtained or considered, and other purchasing or consuming histories or tendencies.
• Health and Medical Information: information that you voluntarily provide in response to surveys or questionnaires, including physical characteristics or descriptions, and other data related to your body, diet, activities, or physiology.
• Online Activity: Internet or other electronic network activity information, such as browsing history, search history or information regarding your interaction with websites, applications or advertisements.
• Geolocation Data: general location and precise GPS location.
• Sensory information: audio, electronic, visual and similar information, such as audio recordings if you call our customer service, or recorded presentations in which you participate; photographs taken at Company functions or events; audio, electronic, visual, thermal, olfactory, or other similar information from your voluntary participation in any sensory testing of Herbalife products.
• Professional or Education information.
• Inferences: inferences drawn from any of the information identified above, such as individual profiles, preferences, characteristics, or behaviors.

We may use (and may have used during the 12-month period prior to the effective date of this Supplemental Privacy Notice) the categories of personal information listed above for the purposes described in our Privacy Policy, and for the following business or commercial purposes (as those terms are defined in applicable law):

• Our or our service provider’s operational purposes;
• Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance;
• Helping to ensure security and integrity (such as detecting, protecting against, and prosecuting security incidents and fraudulent or illegal activity);
• Debugging to identify and repair errors that impair existing intended functionality;
• Short-term, transient use, including, but not limited to, non-personalized advertising shown as part of your current interaction with us;
• Providing advertising and marketing services;
• Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytics services, providing storage or providing similar services;
• Undertaking internal research for technological development and demonstration;
• Undertaking activities to verify or maintain the quality or safety of a service or device or to improve, upgrade or enhance the services or devices;
• Other uses that advance our commercial or economic interests, such as third-party advertising and communicating with you about relevant offers from third-party partners;
• Other uses about which we notify you.

Examples of these types of uses include:

• Providing you with the products, services, and support you request
• Processing your transactions and shipping orders;
• Communication with you about your account or transactions, changes to our policies and other administrative matters, or your questions and comments;
• To better understand your interests in order to provide you with promotional information, relevant content, product recommendations, surveys, questionnaires, and other materials;
• Improving our products, services and operations;
• Conducting data analytics;
• Administering rewards programs;
• Providing personalized services you request;
• Ensuring compliance with our Company policies and Rules and the law, or as we believe is necessary to protect, enforce or defend the legal rights, privacy, safety or property of ourselves and others;
• To validate sales made by Herbalife Distributors;
• To help Herbalife Distributors search for, communicate with and validate customers in our systems;  For Herbalife’s compliance purposes;
• To support the operation of the Preferred Memberships and Distributorships, and to maintain proper functioning of the Herbalife Sales & Marketing Plan.

Sources of Personal Information

During the 12-month period prior to the effective date of this Supplemental Privacy Notice, we may have obtained personal information about you from the following categories of sources:

• Directly from you, such as when you complete forms, take surveys, or create profiles on our Sites From your devices, such as through your use of our services
• Distributers
• Affilates and subsidiaries
• Vendors or Service Providers who provide services on our behalf Our business partners
• Social networks
• Data analytics providers
• Public and commercially available sources

Disclosure of Personal Information

We may disclose personal information to the following categories of third parties:

• Distributors 
• Our affilates and subsidiaries
• Vendors or Service Providers who provide services on our behalf
• Professional services organizations, such as auditors or law firms
• Our business and joint marketing partners 
• Online advertising services and advertising networks 
• Financial institutions

We may disclose the following categories of personal information (as defined above) about you for a business purpose to the following categories of third parties:

• Identifiers: Service providers, affiliates, and Subsidiaries, Distributors, Merchants, financial institutions, Professional services organizations, online advertising services and advertising networks, social networks
• Protected Classifications: Service providers, Affilatea and Partners
• Financial Information: Service providers, Merchants, Financial Institutions
• Commercial Information: Service providers, Affilatea and Partners, Distributors, Merchants
• Health and Medical Information: Service providers, Affilatea and Partners, Distributors
• Online Activity: Service Providers, Affilatea and partners, Advertising services and advertising networks, social media networks  Geolocation Data: Service providers, Affilatea and partners
• Sensory information: Service providers, Affilatea and partners
• Professional or Education information: Service providers, Affilatea and partners, Distributors 
• Inferences: Service providers, Affilatea and partners

In addition to the categories of third parties identified above, we may disclose personal information about you to government entities (e.g., in response to law enforcement requests).

For information concerning the “sale” or “sharing” of personal information, please see Section 6 of our Privacy Policy.

Retention of Personal Information

We will retain your personal information for the time period reasonably necessary to achieve the purposes described in our Privacy Policy and this Supplemental Privacy Notice, or any other notice provided at the time of collection, taking into account applicable statutes of limitation and records retention requirements under applicable law.

California Consumer Privacy Rights

If you are a California resident, you have certain rights regarding your personal information, as described below.

• Access: You have the right to request, twice in a 12-month period, that we disclose to you the personal information we have collected, used, disclosed and sold or shared about you.
• Correction: You have the right to request that we correct the personal information we maintain about you, if that information is inaccurate.
• Deletion: You have the right to request that we delete certain personal information we have collected from you. Please note that we need certain types of information so that we can provide the services to you. If you ask us to delete it, you may no longer be able to access or use our Sites.
• Opt-Out of Sale or Sharing: You have the right to opt out of the sale of your personal information or the sharing of your personal information for cross-context behavioral advertising purposes.

How to Submit a Request.

Some of our Sites allow you to review and update your personal information or cancel certain provisions of your Herbalife Distributorship. To submit a request to access, correct or delete your personal information or for assistance with any of these rights, follow the instructions in this link or call 1-888-926-8905. This line is open Monday to Friday from 8:00 a.m. to 5:00 p.m. Pacific Standard Time.

To opt-out of the sale or sharing of your personal information, please see the instructions in Section 6 of our Privacy Policy.

Verifying Requests.

To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request. This verification process may require you to provide your Member ID, or other pieces of personal information that we already hold on you, or, in certain circumstances, a signed declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. If you designate an authorized agent to make a request on your behalf, please email us at [email protected] to (1) verify your identity directly with us and (2) provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf.

Additional Information.

We will not discriminate against anyone for exercising any of their rights. We typically do not charge a fee to process or respond to your verifiable consumer request. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request if it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Shine the Light.

Residents of the State of California also have the right to request from companies conducting business in California a list of all third parties, if any, to which the company has disclosed personal information during the preceding year for direct marketing purposes (e.g., requests made in 2023 will receive information about 2022 disclosure activities). We comply with this law by offering California residents the ability to tell us not to share your personal information with third parties for their direct marketing purposes. To make such a request, please email us at privacy@ herbalife.com . You must include the name of this Site and “California Resident” as the subject line, and your full name, email address, and postal address in your message. Please note that any request under this paragraph will be limited to Herbalife's use and disclosure of your personal information. You will need to make the same request of your Herbalife Independent Distributor if you would like to obtain information about any disclosure that he or she has made of your personal information.

Changes to Our Privacy Notice.

We reserve the right to amend this Supplemental Privacy Notice at our discretion and at any time. When we make changes, we will post the updated Supplemental Privacy Notice on the website and update the effective date. Your continued use of our website following the posting of changes to this Supplemental Privacy Notice constitutes your acceptance of such changes.

Supplemental Privacy Notice for Colorado Residents

Effective Date: March 18, 2024

Last Revised: March 18, 2024

This Supplemental Privacy Notice for Colorado Residents supplements the information in our Privacy Policy above and applies solely to Colorado consumers. We adopt this Supplemental Notice to comply with the Colorado Privacy Act (the “CPA”). This Supplemental Privacy Notice uses certain terms that have the meanings given to them in the CPA.

We do not knowingly process personal information from children under the age of 13, do not knowingly process “sensitive data” as that term is defined under the CPA, and do not engage in “profiling” as that term is defined under the CPA.

For more information about your privacy rights and our practices concerning “sales” and targeted advertising, please see Section 6 of our Privacy Policy.

Supplemental Privacy Notice for Nevada Residents

Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.

We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by [email protected] . Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

• : TERMS OF USE

Terms Of Use

Last Updated: September 7, 2023

1. Eligibility

You represent that you are at least 18 years of age (or the age of majority in the State in which you reside). If you are under the age of 18 (or the age of majority in the State in which you reside), but at least 13 years of age, you may use the Site only under the supervision of your legal guardian who has agreed to be bound by these Terms of Use. This Site is not intended for, and you may not use this Site if you are under 13 years of age.

Herbalife products and business opportunities cannot be offered, shipped into or sold in any country not authorized by Herbalife. For a list of authorized countries, please click here.

2. Herbalife Preferred Member or Herbalife Independent Distributor

3. refund policies.

Herbalife guarantees the quality of any product which carries the Herbalife name and certifies that the products manufactured for Herbalife meet high standards of freshness and purity for your use. If you are a retail customer or a Preferred Member, we are confident that you will find our products satisfactory in every way. However, if for any reason, you are not satisfied with any Herbalife product purchased directly from Herbalife or an Herbalife Independent Distributor, you may return it within 30 days from the receipted dated of purchase for a full refund or product exchange. Refunds and exchanges may be obtained by following the instructions available at Herbalife.com or by calling 866-866-4744 or by contacting your Herbalife Independent Distributor. This guarantee is limited as it is subject to (i) Section 16 (Warranty Disclaimer) and Section 17 (Limitation of Liability) of these Terms of Use and (ii) to the terms of any specific warranty(ies) attached to or packaged together with certain products. This guarantee does not apply to any product intentionally damaged or misused.

If you are an Independent Distributor and your distributorship is canceled for any reason, you may return all unopened products that were purchased within the 12 months prior to the date of cancellation for a full refund. To obtain a refund, Independent Distributors may call Herbalife at 866-866-4744 or submit the refund form available at MyHerbalife.com.

4. Privacy Policy

5. modifications, 6. your account, 7. product and service images and descriptions, 8. site content.

The Site, including all information, services, images, logos, trademarks, graphics, software, and other content made available by Herbalife on the Site (collectively, the "Site Content") are the sole property of Herbalife, its affiliates or their licensors and are protected by copyright and other laws, both in the United States and in other countries. You may not reproduce, modify, republish, distribute, resell, broadcast, reverse-engineer, create derivative works from or otherwise exploit in any manner, in whole or in part, the Site Content, except to the extent expressly permitted by Herbalife. You may download and copy Site Content made available to you on the Site for your personal and noncommercial use, provided that you keep intact any copyright or other proprietary notices displayed therein. Except for this limited license, Herbalife does not convey any interest in or to the Site Content. All rights not expressly granted herein are reserved by Herbalife, its affiliates and their licensors.

9. Third-Party Services

10. promotions, 11. pricing.

All Offering features, including availability, prices, charges and fees in effect, are subject to change at any time without notice. We reserve the right, with or without prior notice, to limit the availability of or discontinue any product, service or program; to restrict or cancel any purchase; and to refuse any order made by you. Certain Offerings are subject to additional terms, conditions, policies and disclosures. We reserve the right to limit your order or the quantity of a particular product that you may order. The prices applicable to your order will be those in place on the date the order was placed. In the event a product or service is listed at an incorrect price due to a typographical or other error, We shall have the right to cancel any orders for Offerings listed at the incorrect price upon notice to you, whether or not the order has been confirmed. Prices are subject to change, and do not reflect any applicable taxes.

12. Orders and Payment

13. digital millennium copyright act.

Herbalife endeavors to observe the requirements of the Digital Millennium Copyright Act. In the event you believe that any Site Content infringes your copyright or other intellectual property right, you may notify our designated agent by e-mail at [email protected] or at the following mailing address:

Attn: Legal Department - DMCA Complaint

You must include the following information in your complaint:

• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of the material that you claim is infringing with respect to the Site;
• your e-mail address, mailing address and telephone number;
• a statement by you that you have a good faith belief that the use of the material on the Site is not authorized by the copyright owner, the copyright owner’s agent or law;
• a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
• an electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner.

14. User Material

To the extent you submit any content to the Site, Herbalife cannot and does not guarantee that your User Material will not be misused by other Users. You are solely responsible and assume all risks associated with any User Material you submit or that is submitted through your Account.

You grant to Herbalife a nonexclusive, royalty-free, perpetual, worldwide, irrevocable, sublicensable and transferable license to use, host, store, reproduce, modify, publish, adapt, translate, edit, create derivative works from, publicly display and distribute any User Material you submit to the Site in any media. You hereby waive any moral rights you may have in the User Material. By posting User Material on the Site, you represent and warrant that you own or have the necessary rights and permissions to provide such User Material to Herbalife, and to authorize Herbalife to use such User Material in the manner contemplated by these Terms of Use. You acknowledge that Herbalife has no obligation to keep any User Material you submit to the Site confidential.

Please keep in mind that whenever you voluntarily disclose personal information online - in the optional fields in your profile, through email, or in areas of the Site - that information may be accessible to other users of the Site or may be made public. Please do not post or add personal data to your profile or elsewhere on the Site that you would not want to be publicly available.

15. Acceptable Use Policy

When using any e-mail address, or e-card/e-message functionality, provided to you on or through the Site, you agree to use such email address in accordance with all applicable laws and not to transmit to any person or entity: (a) any content that violates the Acceptable Use Policy set forth in this Section; (b) any non-public information about any company; (c) any trade secret; or (d) any computer code, files or programs (for example, a computer virus) designed to interrupt, destroy, compromise the security of or limit the functionality of any device. Spamming is strictly prohibited. Spam is defined for this purpose as sending an unsolicited message to any persons, entities, newsgroups, forums, e-mail lists or other groups or lists unless prior authorization has been obtained from the e-mail recipient which explicitly permits sending e-mail communication to them, or unless a business or personal relationship has already been established with the e-mail recipient. IF YOU ARE "SPAMMED" BY SOMEONE WHO IS SELLING OR DESCRIBING HERBALIFE’S PRODUCTS OR BUSINESS OPPORTUNITY, PLEASE CONTACT US PROMPTLY. The use of false headers in e-mails or falsifying, forging or altering the origin of any e-mail in connection with Herbalife and/or its Offerings is prohibited. If a person or entity indicates that they do not want to receive e-mail, you agree not to send e-mail to such person or entity. If a person initially agrees to receive e-mail, but later asks to stop receiving e-mail, you must abide by that request. Herbalife prohibits engaging in any of the foregoing activities, yourself or through the service of another provider, remailer service or otherwise.

16. Warranty Disclaimer

THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HERBALIFE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING: (1) THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO (A) THE ACCURACY, COMPLETENESS, SECURITY, AVAILABILITY OR TIMELINESS OF THE SITE CONTENT, OR (B) THE RESULTS OBTAINED OR TO BE OBTAINED FROM THE SITE CONTENT; OR (2) THE ABSENCE OF ANY MALWARE OR OTHER HARMFUL CODE ON THE SITE OR WITHIN ANY SITE CONTENT. HERBALIFE, ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND ACCORDINGLY, THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE A CONSUMER, ANY STATUTORY RIGHTS THAT CANNOT BE WAIVED BY YOU ARE UNAFFECTED BY THIS SECTION.

17. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, HERBALIFE AND ITS AFFILIATES AND SUPPLIERS ARE NOT RESPONSIBLE FOR ANY DELAYS OR FAILURES DUE TO CATASTROPHIC WEATHER CONDITIONS, LABOR SHORTAGES, OR OTHER EXTRAORDINARY ELEMENTS OF NATURE OR ACTS OF GOD, ACTS OF WAR, TERRORISM OR THE COMMON ENEMY, COMPUTER VIRUSES OR OTHER COMPUTER ATTACKS, INTERNET OR UTILITY FAILURES, REGULATORY ACTS, INSURRECTION, RIOTS, DELAY OR FAILURES OF ANY PUBLIC NETWORKS, SHORTAGES OF LABOR OR PRODUCTS, CIVIL DISORDER, LABOR STRIKES, OR ANY OTHER EVENTS OUTSIDE OF OUR CONTROL.

WITHOUT LIMITING THE FOREGOING, IF HERBALIFE IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THESE TERMS OF USE, THE MAXIMUM LIABILITY OF HERBALIFE FOR ALL OF THOSE CLAIMS AND OTHER MATTERS WILL NOT EXCEED $50, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

THE LAWS OF SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION, IN WHICH CASE OUR LIABILITY TO YOU UNDER OR IN CONNECTION WITH THESE TERMS OF USE IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE JURISDICTION.

18. Legal Waivers and Notice to New Jersey Residents

NOTICE TO NEW JERSEY RESIDENTS: Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. The following provisions in these Terms of Use do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law. Specifically, nothing in these Terms of Use limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to limitations of liability or exculpation (including, but not limited to, limitations on indirect, incidental, special, exemplary, consequential or similar damages), dispute resolution, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties of any type or nature (including, but not limited to, conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement), contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or costs, and copyright. Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict between these Terms of Use and New Jersey law, New Jersey law shall govern.

19. Indemnity

You agree to indemnify, defend and hold harmless Herbalife and its affiliates, and each of their respective officers, directors, employees, agents, suppliers and representatives, from and against all losses, expenses, damages, fines, penalties and other costs, including reasonable attorney fees, arising out of or related to: (1) your use or misuse of the Site, including any Site Content; (2) your breach of these Terms of Use; or (3) any User Materials submitted by you to the Site. Herbalife reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this Section, in which event you agree to cooperate with any reasonable requests assisting our defense of such matter.

20. United States Law

We operate the Site from the United States of America. Site Content may not be appropriate or available for use in other locations, and access to this Site from locations where Site Content may be illegal is prohibited. If you choose to access or use the Site or any Offerings from locations outside of the United States, you are responsible for compliance with the applicable local laws.

All software used on the Site or Offerings is subject to U.S. export controls. The software nor the Offerings may be downloaded or otherwise exported or re-exported: (i) into, or to a national or resident of: Cuba, Burma, Democratic Republic of the Congo, Ivory Coast, Iraq, Libya, North Korea, Iran, Syria, Sudan, Venezuela or any other country to which the U.S. has embargoed goods (collectively, the "Unauthorized Countries"); or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any such software or this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any Unauthorized Country, or on any such list.

We reserve the right, in our sole discretion, to limit the availability of the Site or Offerings to any person, geographic area or jurisdiction at any time.

21. Governing Law

22. binding arbitration and class action waiver.

To the fullest extent permitted by law, you and Herbalife agree to arbitrate any controversy, claim or dispute arising out of or in any way related to your use of the Site, including but not limited to claims based on contract, tort, negligence, statutory or regulatory provisions. EACH PARTY IS GIVING UP ITS RIGHT TO SUE IN COURT AND TO HAVE ANY CONTROVERSY, CLAIM OR DISPUTE HEARD BY A JUDGE OR JURY.

YOU AND HERBALIFE EXPRESSLY AGREE TO ARBITRATE ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SITE. THIS AGREEMENT TO ARBITRATE ALSO APPLIES TO THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATED TO WHETHER THIS AGREEMENT TO ARBITRATE IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION. YOU ALSO AGREE THAT ANY ARBITRATION MAY ONLY BE BROUGHT IN YOUR AND OUR INDIVIDUAL CAPACITIES, NOT AS A CLASS, PURPORTED CLASS OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

The mutual promise by you and Herbalife to arbitrate any and all disputes, and to do so on an individual basis, rather than to litigate before the courts or other bodies, provides the mutual consideration for this agreement to arbitrate.

Either party may exercise the right to arbitrate by providing the other party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.

Unless you and Herbalife otherwise agree, the arbitration will be conducted in the county where you reside by a single neutral arbitrator and in accordance with the then current rules for resolution of disputes of the American Arbitration Association (AAA) (available online at www.adr.org). The parties are entitled to representation by an attorney or other representative of their choosing. The parties agree to abide by and perform any award rendered by the arbitrator. The arbitrator shall issue the award in writing and therein state the essential findings and conclusions on which the award is based. Judgment on the award may be entered in any court having jurisdiction thereof.

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Herbalife will reimburse those fees up to $7,500, unless the arbitrator determines the claims are frivolous. Likewise, Herbalife will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

NOTWITHSTANDING THE ABOVE, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE EARLIER OF: (1) THE DATE YOU REGISTER FOR AN ACCOUNT, OR (2) THE DATE YOU FIRST SIGNED AN AGREEMENT WITH HERBALIFE THAT CONTAINED AN ARBITRATION PROVISION. The opt-out notice must be postmarked no later than the applicable deadline and mailed to Office of the General Counsel, Attn: Legal Department, Herbalife International of America, Inc., 800 West Olympic Blvd., Suite 406, Los Angeles, CA 90015. The opt-out notice must state that you do not agree to this arbitration provision and must include the name, address, phone number and email address associated with your Account. You must sign the opt-out notice in order for it to be effective. This procedure is the only way you can opt out of this arbitration provision; failure to comply strictly with this procedure and the applicable deadline automatically will render the opt-out notice null and void. If you opt out of the arbitration provision, all other parts of these Terms of Use will continue to apply.

23. General

24. electronic communications, 25. how to contact us.

The rise and fall of Allbirds: The sneaker company whose stock went from IPO darling to trading below $1

• Allbirds was founded in 2015 and soared to prominence with its iconic wool sneaker.
• The company went public in November 2021. Shares rose 90% on the opening day of trading.
• Sales have since slowed significantly. The company reported a 14.7% decline in revenue for 2023.

Allbirds' struggles continue to mount.

The shoemaker reported another quarter of disappointing earnings in March, wrapping up a dismal fiscal year that saw a net loss of $152.5 million.

Then, in April, the company received notice that its stock is at risk of delisting from the Nasdaq exchange for trading below $1 for 30 consecutive days.

Here's a history of Allbirds and how it went from a buzzy sustainable footwear brand worn by tech bros and VCs to a company on the brink.

Tim Brown and Joey Zwillinger cofounded Allbirds in 2015 as a sustainable-footwear company

According to its initial filing with the SEC , Allbirds' mission was to "make better things in a better way, through nature." 

Zwillinger previously worked as a vice president of industrial products at a biotechnology company

Brown's background included serving as the vice-captain of New Zealand's soccer team.

Allbirds roared to life in 2016 with a Kickstarter campaign that hit its $30,000 goal in five days.

The company ended up raising nearly $120,000 to make a wool running shoe designed to make a lighter environmental impact than traditional athletic shoes.

In 2016, Allbirds received B Corp certification, a designation given to companies that work to advance environmental and social causes, and shareholder concerns.

For Allbirds, the designation codified, "how we take into account the impact our actions have on all of our stakeholders, including the environment, our flock of employees, communities, consumers, and investors."

In only its second year in business, Allbirds gained the title of world's most comfortable shoe.

Time magazine said Allbirds' hero product, the Wool Runner, was the "World's Most Comfortable Shoes."

By 2017, Allbirds, Warby Parker, and Casper were considered among the "DTC pioneers" shaking up their respective industries — sneakers, eyeglasses, and mattresses.

By 2018, direct-to-consumer business plans proliferated. In 2018, Inc. reported that more than 400 startups were trying to "become the next Warby Parker."

Allbirds sneakers became synonymous with Silicon Valley dressing

In August 2017, Allbirds got another shot of national publicity when The New York Times described Wool Runners as part of the Silicon Valley uniform.

A month later, Allbirds opened its first store,

The 1,450-square-foot store is located in New York City's Soho neighborhood. In 2022, the company operated 58 stores.

By 2020, Allbirds' popularity had spread well beyond Silicon Valley. President Barack Obama was spotted wearing Wool Runners repeatedly.

But the shoe started to fall out of favor with the trendsetters and the press, with GQ even lamenting the sight of Obama wearing them . "Can't someone send him a pair of Jordans?" the magazine wrote.

Allbirds launched the Dasher in 2020.

With the success of Wool Runners waning, Allbirds launched its first performance-running shoe, called the Dasher, in May 2020. Gear Patrol called it "shockingly good."

Also in 2020, Allbirds partnered with Adidas to make a low-carbon shoe, another sign of the company's willingness to disrupt industry norms.

Large footwear brands are typically reluctant to partner with one another. The shoe, called the Adizero x Allbirds 2.94 kg CO2e, had the lowest carbon footprint of any Adidas or Allbirds sneaker.

In August 2021, ahead of a public offering, Allbirds disclosed growing annual sales, but also mounting losses.

Sales increased from $193.7 million in 2019 to $219.3 million in 2020, but losses also increased , growing from $14.5 million in 2019 to $25.9 million in 2020. 

Allbirds went public in 2021.

A little more than 2,100 days after it launched its Kickstarter campaign, Allbirds went public on November 3, 2021. Shares soared 90% on the opening day of trading, CNBC reported, a sign of Wall Street's bullish outlook for the company.

Allbirds dropped claims about being the first "sustainable" IPO.

After the Securities and Exchange Commission objected, Allbirds dropped claims about being the first "sustainable" IPO, the Financia l Times reported in November 2021.

Allbirds launched wholesale in 2022.

Although it was launched as a direct-to-consumer company, in May 2022, Allbirds announced its first wholesale partners , Zalando and Public Lands, then Nordstrom — a signal that DTC sales would not be enough to get the company to profitability.

As Allbirds started to add wholesale partners, the backlash started to build against DTC companies.

"It's the de-DTC era," said Simeon Siegel, the managing director for equity research at BMO Capital Markets. Analysts, such as Siegel, said the benefits of direct sales were often overstated.

As DTC companies started to fall out of favor, and investors started to pay more attention to profitability, Allbirds stock started to drop.

Allbirds shares, which hit $28.64 on the company's first day of trading, had fallen to under $5 fewer than eight months later . Stock pickers said the company needed to expand beyond Wool Runners.

In 2022, Allbirds officially lost its novelty in Silicon Valley wardrobes.

Roughly five years after The New York Times christened Wool Runners part of the Silicon Valley uniform, The Wall Street Journal in December 2022 said that "tech bros" had moved on.

In March 2023, Allbirds shares plummeted 47% after a disastrous earnings report that included a $101 million annual loss.

On a call with stock analysts, executives announced a sweeping four-part reorganization , including slowing the pace of store openings, adding more wholesale partners , and working to "reignite product and brand." Co-CEO Joey Zwillinger also said some of the company's marketing veered too far away from what Allbirds consumers want, including marketing for the Tree Flyers, above, which focused on its technical-performance attributes.

Allbirds began to rethink its big bet on DTC.

As part of the reorganization plan, Zwillinger said the company was considering adding more wholesale partners . By then, the company's wholesale partners included Nordstrom, REI, Scheels, and Dick's.

In 2022, while still based in San Francisco, Allbirds quietly opened an office in Portland, Oregon, to take advantage of the city's talented-footwear workforce. Nike is based in a Portland suburb, and Adidas has its North American headquarters in the city.

Allbirds hired several Nike and Adidas veterans to run the office, including Ashley Comeaux, who spent more than 10 years at Nike before becoming Allbirds' vice president of product design.

In early 2023, Allbirds released a string of products designed and developed by Comeaux and her team, including Risers, Pacers, and SuperLights, which lack a Strobel board, a manufacturing innovation designed to reduce carbon emissions and improve comfort.

Risers and Pacers have already gotten strong reviews from Insider.  Although the new products have been well-received, shares of the company remain well below the $15 IPO price, trading for $1.23.

In March, Allbirds announced disappointing earnings and Zwillinger told analysts that the company had lost focus on its core.

Since then, the company has focused on its best-sellers, the Wool Runner and Tree Dasher, while it discontinued underperforming products like much of its apparel, the Wall Street Journal reported. 

In June, the company released what it said was the world's first carbon-negative shoe , which it calls the M0.0NSHOT.

In May, Allbirds announced a leadership shakeup, as co-founder Tim Brown said in an analyst call he would no longer be co-CEO of the company.

Brown said he would be stepping into the role of chief innovation officer of the company, leaving fellow co-founder Joey Zwillinger as the sole CEO of the company.

The company also laid off 21 employees globally in May, it said in a filing with the US Securities and Exchange Commission.

The shoe company generally had a disappointing start to 2023. The company reported a 13% decline in year-over-year revenue in the first quarter.

'As we've tried to expand and grow the brand, we created products that haven't quite met the mark,' Brown told The Wall Street Journal.

In a July article, Brown and Zwillinger told the Wall Street Journal that their attempts to appeal to customers younger than its 30- to 40-year-old base didn't go over well. The Tree Flyer was one of those attempts that missed the mark. 

The company reported second-quarter earnings were above expectations. Sales fell 10% compared to a projected 18%.  

"We laid out a road map for our strategic transformation back in March, and now two quarters into our work, we have gained traction and are solidly on track to drive toward profitability expectations," Zwillinger said in an August earnings call. 

In November, Allbirds released an updated version of its first Wool Runner.

The Wool Runner 2 has been updated with a new version of its SweetFoam midsole and improved durability, Retail Dive reported. 

Full-year earnings for 2023 were dismal indeed, with sales down 14.7% and a net loss of $152.5 million for the year.

The company also promoted COO Joe Vernachio to CEO, with Zwillinger stepping down to serve as a special advisor and remaining on the board of directors.

In April 2024, the company received notice that its stock faces possible delisting on the Nasdaq exchange. It has 180 days to improve the share price.

In a statement , Allbirds said its stock must trade above $1 for at least 10 consecutive days in the next six months in order to stay in Nasdaq's good graces.

Matthew Kish, Ben Tobin, and Jennifer Ortakales-Dawkins contributed to earlier versions of this article.

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