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Terms and Conditions for TikTok Shop Open Affiliate Plan

Terms and Conditions for TikTok Shop Open Affiliate Plan

By participating in the TikTok Shop Open Affiliate Plan, you (“Creator”) agree to these Terms and Conditions (“Agreement”) governing your participation in the Open Affiliate Plan on TikTok Shop for [Prestige Brand] (“Brand”). These terms include the Brand Influencer and Endorser Policy set forth below and are in addition to the TikTok Shop’s Creator Terms of Use. In the event of any conflict between this Agreement and the TikTok Shop’s Creator Terms of Use, this Agreement will control.

  1. REPRESENTATION/WARRANTY. Creator represents and warrants:
    1. that images, videos, and recordings created and all of Creator’s work product and services provided herein (“Content”) shall (i) comply with all applicable laws, (ii) be accurate, reflect Creator’s actual experiences and beliefs, and will not be misleading, (iii) contain only royalty-free music for commercial use/and or voice over, (iv) be 100% original and will not violate or infringe on any third-party rights; and (v) not: (a) be profane, violent, sexually explicit, derogatory, (b) promote alcohol, illegal drugs, weapons, political agenda, (c) be obscene or offensive, or (d) convey a message or image that is damaging to Brand’s positive image;
    2. that they will promptly provide Brand with any information requested to verify their compliance with this Agreement;
    3. that they have attained the legal age to sign a contract and are otherwise competent to do so;
    4. that during the Use Period, Creator will not participate in any actions involving moral turpitude or which are likely to bring Brand or its products under public disrepute or disparage any competing products; and
    5. that Creator, and/or anyone acting on Creator’s behalf, (i) has not and will not intentionally or otherwise in any way inflate the Creator’s social media outreach, including, but not limited to, exaggerating followings, likes, shares, comments, verifications and other similar metrics in any manner, including, but not limited to, purchasing or otherwise bartering for such metrics (collectively, “Fraudulent Activity”); (ii) has and will use all reasonable efforts to verify the authenticity of and take immediate action to resolve any issue with any such metrics; (iii) has complied with applicable platform specifications (e.g., applicable TikTok Terms). If Brand determines through verifiable means that you have engaged in Fraudulent Activity, Brand may terminate this Agreement immediately with no further obligation. Upon such termination, Creator shall immediately remove any content created on behalf of Brand upon Brand’s request.
  2. INDEMNIFICATION. Creator agrees to defend, indemnify and hold harmless Brand (and its affiliates and each of their employees, successors, licensees, and permitted assigns) from any and all damages, liabilities, costs, losses and expenses (including legal costs and reasonable attorneys’ fees) in connection with any claim by a third party arising out of an actual or alleged breach of any of the warranties, representations or covenants made by Creator hereunder. Creator will not settle a claim under this section without Brand’s prior written consent not to be unreasonably withheld. Brand may participate in the defense of the claim with counsel of the Brand’s choice.
  3. TIMING AND APPROVALS
  4. USAGE & EXCLUSIVITY.
    1. Creator grants Brand organic usage of the Content for 60
    2. Creator grants Brand paid media usage of the Content for 60 days (together with Section 4.a., the “Use Period”).
    3. Following the Use Period, Brand will not be required to remove Content posted during the Use Period, but Brand will not be permitted to repost such Content after the Use Period. To the extent Content remains on a third-party site after the Use Period, Brand does not have any obligation to police or require removal of such Content. Creator shall not take down or otherwise adversely affect the viewability of any published Content during the Use Period, without the prior written approval of Brand.
    4. Creator grants Brand the right to use Creator’s name, likeness, voice, and social media handles in connection with the use of the Content as set forth in this Agreement.
    5. Creator will not participate in the creation, marketing, or promotion of prestige skincare products with any brand other than Brand for a period of 48 hours prior to publication and 48 hours post publication of the Content.
    6. For the purpose of this Agreement, “organic usage” means the right to repost, publish, and make the Content available on social media platforms throughout the world. “Paid media usage” means the right to boost the Content or the right to spend money on the Content, for the purpose of increasing visibility of the Content on the applicable social media platform.
    1. Commissions shall be paid in accordance with the TikTok Shop payment process outlined on the platform.
    2. Where payment includes free or discounted product, such product shall be for your personal use only and cannot be sold or transferred to any third party.
    3. Creator shall be responsible for ensuring compliance with all applicable tax laws and for making all necessary tax payments in accordance with such laws. Creator shall promptly provide Brand with any information required for Brand to fulfill its own obligations under applicable tax laws.
  6. OWNERSHIP. Creator owns the Content, excluding any and all rights in any materials that Brand provides that is incorporated into the Content (the “Brand IP”). However, Creator may not assign or license any rights to the Content without Brand’s prior written approval and cannot provide any rights to the Content in connection with any competitive products. Creator will remove from publication any Content created pursuant to this Agreement promptly upon Brand’s request. Creator can only use Brand IP in connection with its obligations herein.
  7. Creator shall keep all non-public information that Brand provides to Creator, including the terms of this Agreement, strictly confidential.
  8. Creator agrees that if prior to (where conduct comes to light during the Use Period) or during the Use Period, and for twelve (12) months thereafter, Creator is charged with, commits, has committed, or is alleged to have committed a crime or engages or has engaged in any actions involving moral turpitude or which may bring Brand under ridicule, contempt, scandal, or public disrepute, or which shock, insult, or offend the people of this nation, or any class or group thereof, or reflects unfavorably upon Brand, or which in the reasonable judgment of Brand is, or may be, detrimental to Brand, then Brand may immediately terminate this Agreement by written notice to Creator without any further liability to Creator. Without limitation to the foregoing, Creator agrees that they shall not depict Brand, or any of Brand’s products, in a manner that is inconsistent with Brand’s instructions or in a manner that could reasonably be perceived as negative, derogatory, or detrimental to Brand’s brand, name, reputation, or trademarks. In addition, Creator shall not make any statements that disparage or reflect unfavorably on the services provided herein, Brand, or its products. Brand reserves the right to conduct a review of the content you post on any social media platform and any public data available about you.
  9. Brand may terminate this Agreement (a) at will, upon five (5) days’ written notice to Creator, or (b) immediately for breach of any obligations.
  10. VIOLATION OF TERMS. If the Creator violates these terms, in addition to any other rights or remedies available to Brand, Brand reserves the right to direct TikTok to permanently (to the extent permitted by applicable law) cease payment of (and Creator agrees they will not be eligible to receive) any commission income attributable to the Open Affiliate Plan or otherwise payable under this Agreement, whether or not directly related to such violation without notice and without prejudice to any right of Brand to recover damages over this amount.
  11. GOVERNING LAW; JURISDICTION. California law applies to this Agreement. Any dispute arising under this Agreement will be brought in the state or federal courts located in Los Angeles County, California.. EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHTS TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM, OR PROCEEDING BROUGHT TO ENFORCE, DEFEND, OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT.
  12. Creator acknowledges that they are not an employee of Brand and are not entitled to any employee benefits. Additionally, Creator agrees to expressly release and forever waive any and all claims which Creator may have against Brand for any accident, personal injury, property damage, or loss of any kind suffered by Creator as a result of or arising from rendering the Content hereunder. In no event shall Creator enjoin or restrain the development, production, or other exploitation of any marketing campaign utilizing the Content. Creator may not assign this Agreement. No waiver, modification, or addition to this Agreement shall be valid unless in writing and signed by the parties to this Agreement. If any term or provision of this Agreement should be declared invalid by a court of competent jurisdiction, the remaining terms and provisions of this Agreement shall remain unimpaired and in full force and effect.  Provisions which by their nature must remain in effect beyond the termination of this Agreement shall survive. This Agreement is the entire agreement between Creator and Brand.
  13. Brand reserves the right to change this Agreement at any time without notice. Such changed Agreement will take effect once Brand posts it, and Creator’s continued participation in the TikTok Shop Open Affiliate Plan means that Creator accepts and agrees to the updated Agreement.

 

 

BRAND INFLUENCER & ENDORSER POLICY

 

Brand is committed to transparency and honesty in all advertising messages and promotional communications. For that reason, Brand has adopted the Brand Influencer and Endorser Policy which applies to all endorsers, talent, influencers, ambassadors and representatives who post or share content, discuss or otherwise promote Brand or its products, regardless of the channel or medium.

Brand takes these principles very seriously – failure to appropriately disclose your relationship may jeopardize your participation in current and future Brand campaigns.

Be Honest & Accurate

  • All statements should be accurate and supported, as well as reflect your honest beliefs and experiences.
  • Never promote unsafe activities or make false, misleading or unsubstantiated claims about Brand’s products or competing products.

Be Transparent

  • You must disclose your connection to Brand, and, ensure that the disclosure you choose accurately describes the nature of the relationship. For example, if you receive free product and payment in exchange for a product review it would NOT be sufficient to simply state that you received the product for free. See below for a sample of pre-approved disclosure options.

Use Clear & Prominent Disclosures

  • Disclosures should be clearly visible (without requiring any additional action), easy to read, notice, and understand – across all platforms and all screen sizes – and throughout the consumer’s journey with the content.
  • For example, if you share a link to your latest sponsored blog post on twitter, the tweet copy must also include a disclosure of your connection to Brand prior to the link. See: Sample Disclosures & Platform Specific Disclosure Placement Guidance.

 

The following guidance provides a sampling of approved disclosures; it is not an exhaustive list.

DO:

  • Place disclosures up front (before users can click on, watch or read the sponsored content) in the main communication. See: Platform Specific Disclosure Placement Guidance chart.
  • Craft your disclosure for the intended audience.
  • Use a larger font or repeat disclosures on lengthy posts or if the content includes repeated claims.

DON'T

  • Require additional action, such as scrolling, to see the disclosure.
  • Place the disclosure on a busy screen or moving background where it may be difficult to see.
  • Rely on the placement of a disclosure in a hyperlink, page description or profile to provide your notice.

Plain Language

  • Must be communicated at the beginning of the content or copy.
  • For long-form content, repeat the disclosure at the time the Brand, product or campaign is mentioned or featured.

Pre-Approved Language

  • "I've partnered with [brand] to..."
  • "I am really excited about the opportunity to be a [brand] ambassador
  • "So excited to work with [brand] on
  • "Proud to join the [brand] team to..."
  • "Brought to you by/sponsored by/ made possible by [brand]" brand Ambassador

Short Form/#s

  • May be used where space is limited or when using the sponsored tag option provided by a social media platform.
  • Must appear prior to other #s or links.

 Pre-Approved #s:

  • #[brand]Partner
  • [Brand]Rep
  • #sponsored
  • Paid
  • Ad
  • #(brand)Ambassador

  

Platform Specific Disclosure Placement Guidance

Platform

Placement

TikTok

-Disclosure must appear in each video both embedded in the video itself (for at least the first half of the video) and in the caption. Creators are required to use TikTok's Branded Content Toggle, which will place the required disclosure at the beginning of the caption.  Disclaimer placement on screen and choice of font size/ style/color should ensure that the disclaimer is easy to notice and read.

-If there is a spoken voiceover, disclosure should be spoken as part of the voiceover.

-Note: When sharing a video directly from TikTok to certain other social media platforms, the description of the video and any hashtags including any disclosures that may have been added do not migrate with it. Only the TikTok watermark and the creator's username remain. Thus, a "disclosure loophole" is created when TikTok influencers share their TikTok content to another platform (e.g., Instagram), resulting in no disclosure when the video is viewed on the latter platform. This problem does not appear to exist when migrating to Facebook.

YouTube & Other Videos

-Must appear in the video description AND either on screen (placement, font style/size and length of time on screen should ensure that the disclaimer is easy to notice and read), OR verbally as part of the script introduction.

-Must appear prior to any reference to Brand/ product/campaign.

-If video is long and Brand/ product/campaign reference does not happen until later in the video, the notice of the connection should be repeated, either on screen or verbally in the script.

 

Helpful resources: The FTC has issued the following guides regarding social media activities on behalf of brands by influencers and endorsers.  Please review and familiarize yourself with (and follow) these guides. The FTC’s Endorsement Guides: https://www.ftc.gov/system/files/documents/plain-language/pdf-0205-endorsement-guides-faqs_0.pdf. Guides Concerning the Use of Endorsements & Testimonials in Advertising: https://www.federalregister.gov/documents/2023/07/26/2023-14795/guides-concerning-the-use-of-endorsements-and-testimonials-in-advertising.

 

 

 

 

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