Creator Terms & Conditions

1. Program Basics

• You must comply with these Terms to participate in the Program and to receive commission income.
• We make no representation, warranty, or covenant regarding the amount of commission income you can expect at any time in connection with the Program, and we are not liable for any actions you take based on your expectations.
• We may review materials you post on any social media platform and any publicly available data about you, for the purpose of confirming your compliance with these Terms.
• You must promptly provide any information we reasonably request to verify your compliance with these Terms.
• Participation in the Program does not guarantee product samples, featured placement, contest eligibility, or continued participation.

2. Eligibility and Capacity

• You represent and warrant that you are at least 18 years old and legally able to enter into contracts.
• If you are agreeing to these Terms on behalf of a company or other legal entity, you represent and warrant that you are authorized to bind that entity to these Terms.
• You represent that you will remain in compliance with these Terms throughout your participation in the Program.

3. Content Disclosure Requirements

Transparency is not optional. You must clearly disclose your commercial relationship with us on every piece of content you create in connection with the Program.

• You must read and comply with TikTok's Content Disclosure Policy and use TikTok's content disclosure setting to identify your content as promotional or paid partnership content where applicable.
• You must comply with the U.S. Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising, including clear and conspicuous disclosure of any material connection between you and us.
• Disclosures must be readable, audible where appropriate, and placed where an ordinary viewer will notice them — not buried in a caption, hashtag block, or comment.
• You are responsible for disclosure compliance on every platform where you republish Program content.

4. Advertising and Product Claim Requirements

Our products are cosmetics. Claims about them are regulated, and inaccurate claims create legal exposure for both of us. You agree to the following when promoting any product:

• Do not misrepresent product benefits, materials, construction, or results.
• Do not state or imply that a product will diagnose, treat, cure, or prevent any disease or medical condition.
• Do not make medical, health, or safety claims of any kind, including claims about eye health, allergic reaction, lash growth, or adhesive safety.
• Do not state or imply that a product will achieve a specific result unless we have expressly approved that claim in writing.
• Do not compare or reference TikTok Shop pricing against other retailers, including Amazon, Target, Walmart, Ulta, Sephora, or Costco.
• Do not misrepresent the product price, discount, or promotional terms on TikTok Shop.
• Do not disparage competitors or make unsubstantiated comparative claims.
• Only make product claims consistent with our published product claims guidance and product packaging, including accurate use of terms such as cruelty-free, vegan, and faux mink.

5. Use of AI Tools

"AI Tools" means any software, model, system, service, or functionality that performs tasks using machine learning, generative AI, natural language processing, computer vision, predictive analytics, or similar techniques, whether developed by you or provided by a third party.

• You are responsible for the performance and outputs of any AI Tools you use in connection with the Program.
• Do not use AI Tools to generate fake content, fake reviews, fake testimonials, or synthetic depictions of results that did not occur.
• Do not use AI Tools in a manner that infringes our intellectual property rights or those of any third party, including generating likenesses of people who have not consented.
• AI-assisted content must comply with the FTC's Rule on the Use of Consumer Reviews and Testimonials.
• Where a platform requires disclosure of AI-generated or AI-modified content, you must make that disclosure.

6. Content Commitment

• You agree to create and publish a minimum of 30 pieces of Program-related content over a 60-day period beginning on the date you join the Program.
• Content must be original, feature our products authentically, and comply with these Terms and all applicable platform policies.
• Failure to meet the content commitment may result in removal from the Program, loss of contest eligibility, and loss of access to samples and creator support, at our discretion.

7. Content Usage Rights

This is the section that lets us champion your work. By participating in the Program, you grant us broad rights to your Program content so we can feature you across our marketing.

• You grant us a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable, non-exclusive license to use, reproduce, distribute, publicly display, publicly perform, edit, adapt, modify, translate, excerpt, and create derivative works from any content you create in connection with the Program.
• This license covers all media and channels now known or later developed, including paid advertising, organic social, email, SMS, our website, retail and wholesale materials, and third-party marketplaces.
• You grant us the right to use your name, TikTok handle, voice, likeness, and image as they appear in that content in connection with the foregoing.
• You represent and warrant that you own or control all rights in the content you submit, including rights to any music, footage, images, trademarks, and third-party appearances, and that our use will not infringe any third-party rights.
• You waive any moral rights and any right to inspect or approve our use of the content, and you acknowledge that no additional compensation is owed for such use.
• This license survives termination of your participation in the Program.

8. Commissions and Payment

• Commissions are calculated, processed, and paid through TikTok Shop in accordance with TikTok's terms, not by us directly.
• We do not guarantee any minimum earnings, sales volume, order approval rate, or payout timing.
• Returns, refunds, chargebacks, canceled orders, and fraudulent orders may reduce or eliminate commissions on the affected transactions.
• If you violate these Terms, in addition to any other rights or remedies available to us, we may direct TikTok to cease payment of any commission income attributable to the Program that would otherwise be payable to you, whether or not directly related to the violation, and without prejudice to any right to recover damages beyond that amount.
• Contest prizes are awarded at our discretion according to the rules published for each contest and may be subject to separate terms and tax reporting.

9. Term and Termination

These Terms apply from the date you join the Program until your participation ends.

• You may leave the Program at any time by notifying us and ceasing to promote our products under the Program.
• We may terminate or suspend your participation at any time, for any reason, including: (a) you are in material breach of these Terms; (b) we believe we may face potential claims or liability in connection with your participation; (c) we believe our brand or reputation may be harmed by you or in connection with your participation; (d) your participation has been used for deceptive, fraudulent, or illegal activity; or (e) we discontinue the Program generally.
• Sections concerning content usage rights, disclaimers, limitation of liability, indemnification, arbitration, and governing law survive termination.

10. Independent Contractor Status

You and we are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates, and you will not represent to any third party that any such relationship exists.

You have no authority to make or accept any offers or representations on our behalf. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of these Terms, you will be deemed to have taken that action yourself.

You are solely responsible for your own taxes and duties, including income tax and self-employment tax, and for meeting any tax registration obligations. We do not withhold taxes on your behalf. Where required, income may be reported on an IRS Form 1099 or equivalent.

You are responsible for your own equipment, expenses, and the manner and means by which you create your content, subject only to the requirements set out in these Terms.

11. Disclaimers

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PROGRAM, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY LAW, CUSTOM, COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE.

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (A) ANY LOSS OF PROSPECTIVE COMMISSIONS, PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS; (B) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM; OR (C) ANY TERMINATION OR SUSPENSION OF YOUR PARTICIPATION IN THE PROGRAM.

12. Limitation of Liability

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA ARISING IN CONNECTION WITH THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSION INCOME PAID OR PAYABLE TO YOU UNDER THESE TERMS IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED. NOTHING IN THIS SECTION OPERATES TO LIMIT LIABILITIES THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

13. Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY FOR ANY MATTER DIRECTLY OR INDIRECTLY RELATING TO THE CREATION, MAINTENANCE, OR OPERATION OF YOUR TIKTOK CHANNEL(S) OR YOUR VIOLATION OF THESE TERMS. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS US AND OUR AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES, FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) RELATING TO:

• your TikTok channel(s) or any materials that appear on them, including the combination of those materials with other applications, content, or processes;
• the use, development, design, production, advertising, promotion, or marketing of your channels or any materials appearing on them;
• your use of any TikTok service offering or your participation in the Program, whether or not such use is authorized by or violates these Terms or applicable law;
• your violation of any term or condition of these Terms;
• your taxes and duties, or the collection, payment, or failure to collect or pay your taxes or duties, or the failure to meet tax registration obligations; or
• your or your employees' or contractors' negligence or willful misconduct.

14. Mutual Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

All disputes relating in any way, directly or indirectly, to the Program or these Terms — including for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts, or other torts — will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, rather than in court. The arbitration will be conducted by a single arbitrator, and judgment on the award may be entered in any court of competent jurisdiction.

YOU AND WE EACH WAIVE THE RIGHT TO PURSUE ANY CLASS, GROUP, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE CLAIM. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative proceeding.

Either party may bring an individual action in small claims court for disputes within that court's jurisdiction. Either party may seek injunctive relief in court to protect intellectual property rights pending arbitration.

If any portion of this section is found unenforceable, that portion will be severed and the remainder will continue in effect, except that if the class action waiver is found unenforceable, this entire arbitration section will be void.

15. Privacy and Your Information

• We collect your name, email address, phone number, TikTok handle, age range, and your responses to the agreements in this application.
• Your contact information and marketing preferences are stored in our marketing platform so we can communicate with you about the Program.
• We separately retain a permanent record of your name, TikTok handle, age range, and the agreements you accepted or declined, along with the exact wording shown to you and the date and time of your response. That record does not include your email address or phone number.
• Marketing emails and text messages are sent only if you affirmatively opted in. You may unsubscribe from email at any time using the link in any message, and from SMS by replying STOP.
• Opting out of marketing messages does not end your participation in the Program, but we may still send you transactional or Program-operational messages.

16. Changes to These Terms

We may update these Terms from time to time. When we do, we will change the effective date and version above. Material changes will be communicated to active Program participants. Your continued participation in the Program after a change takes effect constitutes acceptance of the updated Terms. The version you accepted at the time of your application is retained in our records.

17. General

• Governing law: These Terms are governed by the laws of the State of California, without regard to its conflict of law principles.
• Severability: If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect.
• No waiver: Our failure to enforce any provision is not a waiver of our right to enforce it later.
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms freely.
• Entire agreement: These Terms, together with any contest rules and product claim guidance we publish, constitute the entire agreement between you and us regarding the Program.