Affiliate, Ambassador, Influencer, and Creator Program Terms

AFFILIATE, AMBASSADOR, INFLUENCER,

1. Overview

These Affiliate, Ambassador, Influencer, Creator, and Referral Program Terms ("Influencer Terms") govern participation in any affiliate, ambassador, influencer, creator, referral, promotional, social media, partnership, sponsorship, marketing, brand advocate, commission, or collaboration program offered by COCO JOJO LLC and the COCOJOJO brand ("COCOJOJO," "Company," "we," "us," or "our").

By participating in any COCOJOJO affiliate, influencer, ambassador, creator, referral, promotional, or partnership activity, you ("Participant," "Influencer," "Affiliate," "Creator," or "Ambassador") agree to comply with these Influencer Terms, the COCOJOJO Terms of Service, Privacy Policy, Cookie Policy, Disclaimer, Intellectual Property Policy, and all other applicable policies and agreements, each of which is incorporated herein by reference. If you do not agree, you may not participate.

2. Independent Contractor Relationship

Participants are independent contractors and are not employees, agents, partners, franchisees, representatives, joint venturers, or legal representatives of COCOJOJO. Nothing in these Influencer Terms creates any employment relationship, agency relationship, fiduciary relationship, joint venture, partnership, authority to bind COCOJOJO, or authority to make representations on behalf of COCOJOJO.

Participants may not present themselves as official representatives, employees, medical professionals, regulatory authorities, or authorized spokespeople of COCOJOJO unless expressly authorized in writing by an authorized officer of COCOJOJO.

Participants are solely responsible for the manner and means of performing their promotional activities, supply their own equipment, and bear all costs of their participation. This relationship is intended to satisfy the independent-contractor standards under applicable law, and Participants waive any claim to employee status, benefits, or protections to the fullest extent permitted by law.

3. Taxes and Financial Responsibility

Participants are solely responsible for the reporting and payment of all federal, state, local, and foreign taxes arising from any compensation, commissions, free products, gifts, or other consideration received in connection with any COCOJOJO program. COCOJOJO does not withhold taxes on behalf of Participants.

Where required by law, COCOJOJO will issue an IRS Form 1099 (or applicable equivalent) for Participants receiving compensation at or above the applicable reporting threshold. Participants are responsible for providing accurate taxpayer identification information (e.g., IRS Form W-9 or W-8). The fair market value of any free products, gifted items, or other non-cash consideration may constitute taxable income to the Participant.

4. FTC Compliance and Mandatory Disclosure Requirements

Participants are solely responsible for complying with all applicable laws, regulations, platform rules, advertising requirements, endorsement guidelines, and disclosure obligations, including without limitation:

• Federal Trade Commission ("FTC") Act, 15 U.S.C. Section 45, and the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 C.F.R. Part 255 (as revised in 2023)
• The FTC Rule on the Use of Consumer Reviews and Testimonials, 16 C.F.R. Part 465 (effective October 2024)
• The FTC Health Products Compliance Guidance (2022) and its "competent and reliable scientific evidence" substantiation standard
• California Unfair Competition Law, Cal. Bus. & Prof. Code Section 17200 et seq.
• California False Advertising Law, Cal. Bus. & Prof. Code Section 17500 et seq.
• California Consumers Legal Remedies Act, Cal. Civ. Code Section 1750 et seq.
• Federal and state consumer-protection, truth-in-advertising, and influencer-marketing laws
• All applicable social media platform rules and disclosure requirements
• All applicable international marketing and advertising regulations

Participants must clearly and conspicuously disclose any material connection with COCOJOJO in all endorsements, promotions, social media posts, videos, livestreams, stories, blogs, reviews, testimonials, advertisements, or other promotional content. Required disclosures may include, without limitation, "#ad," "#sponsored," "#affiliate," "Paid partnership," "Sponsored by COCOJOJO," or similar legally compliant disclosures.

Disclosures must be clear, conspicuous, easy to understand, difficult to miss, placed before any "more" or truncation cutoff, unavoidable in video and audio content, and otherwise compliant with applicable law and platform requirements. Reliance on platform-provided disclosure tools alone does not satisfy this obligation.

Failure to properly disclose sponsored relationships may result in immediate termination, forfeiture of unpaid compensation, and full liability of the Participant, including under the indemnification provisions of these Influencer Terms.

5. No False, Misleading, or Unauthorized Claims

Participants may not make any false, misleading, deceptive, unsubstantiated, unauthorized, or non-compliant statements regarding COCOJOJO products or Services. Prohibited claims include, without limitation:

• Medical, drug, disease-treatment, therapeutic, or pharmaceutical claims
• FDA approval or FDA clearance claims
• Guaranteed-results, "cure," "permanent," or "instant" claims
• Scientific or clinical claims without competent and reliable scientific substantiation
• Misleading before-and-after claims
• Earnings or income guarantees
• Safety guarantees
• Claims inconsistent with product labeling or COCOJOJO materials
• Claims that products diagnose, treat, cure, mitigate, or prevent any disease
• Misrepresentations of ingredients, certifications, product origins, manufacturing standards, or testing results
• Any claim prohibited by applicable law or advertising rules

Participants may not present cosmetics as drugs, make therapeutic or pharmaceutical claims, or imply efficacy not supported by legally sufficient substantiation. Participants are solely responsible for all statements, claims, captions, hashtags, testimonials, videos, reviews, comments, livestreams, and promotional content they create or publish, and bear sole liability for any such content.

6. Before-and-After, Reviews, and Cosmetic Representation Restrictions

Participants may not create or publish misleading before-and-after imagery, cosmetic demonstrations, product comparisons, visual simulations, AI-generated cosmetic outcomes, or edited or manipulated cosmetic results without clearly disclosing material editing, filters, enhancements, or simulations where required by applicable law or platform rules.

Participants may not imply that results are typical, guaranteed, scientifically proven, medically verified, permanent, or FDA-approved unless expressly authorized by COCOJOJO in writing and supported by legally sufficient substantiation.

7. Intellectual Property and Brand Usage

COCOJOJO grants Participants a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use approved COCOJOJO branding, trademarks, product images, and marketing materials solely for authorized promotional purposes during the approved relationship term. This license may be revoked at any time, with or without cause, in COCOJOJO's sole discretion.

Participants may not modify branding without authorization, alter logos, create confusingly similar brands, register domain names or social handles containing COCOJOJO marks, create unauthorized advertisements, misrepresent affiliation, use copyrighted materials outside authorized purposes, use COCOJOJO intellectual property after termination, or use brand assets in unlawful, offensive, defamatory, misleading, or non-compliant content.

All goodwill associated with COCOJOJO intellectual property belongs exclusively to COCOJOJO. COCOJOJO's rights are protected under the Lanham Act, 15 U.S.C. SectionSection 1051 et seq., California Bus. & Prof. Code Section 14200 et seq. and Section 17200 et seq., and applicable state, federal, and international laws.

License-Back of Participant Content

Participant grants COCOJOJO a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from any content, photographs, videos, reviews, testimonials, name, likeness, voice, and social media handles created by the Participant in connection with COCOJOJO, across all media now known or later developed, for advertising, marketing, and promotional purposes, without further compensation, approval, attribution, or notice, to the fullest extent permitted by law. Participant waives any moral rights and right of publicity claims against COCOJOJO with respect to such authorized use.

8. AI, Editing, Filters, and Synthetic Media

Participants may not use AI-generated endorsements, deepfakes, synthetic voiceovers, artificial cosmetic simulations, misleading filters, misleading AI enhancements, fabricated testimonials, fake reviews, or manipulated clinical depictions in a manner that is deceptive, misleading, unlawful, or likely to create false impressions regarding products or results.

Any AI-generated or materially edited content used in connection with COCOJOJO promotions must comply with FTC guidelines, the FTC consumer-review rule (16 C.F.R. Part 465), platform rules, advertising laws, consumer-protection laws, and COCOJOJO brand standards, and must disclose AI generation or material editing where required. COCOJOJO reserves the right to require modification or removal of any AI-generated, synthetic, edited, manipulated, or misleading content at any time and in its sole discretion.

9. Social Media Conduct

Participants may not publish content that is unlawful, defamatory, discriminatory, hateful, sexually explicit, violent, misleading, infringing of intellectual property rights, in violation of platform rules, damaging to COCOJOJO's reputation, creative of regulatory risk, encouraging of unsafe product usage, or in violation of advertising laws.

COCOJOJO reserves the right to require removal of any content that it determines, in its sole discretion, may expose the Company to legal, reputational, regulatory, commercial, or operational risk.

10. Privacy and Data Protection Obligations

If a Participant collects, receives, or processes any personal information in connection with COCOJOJO promotional activities (including, without limitation, through giveaways, sweepstakes, email collection, referral links, or analytics), the Participant is solely responsible for complying with all applicable privacy laws, including without limitation the California Consumer Privacy Act as amended by the California Privacy Rights Act (CCPA/CPRA), the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), and all other applicable data-protection, anti-spam, and consumer-protection laws. Participants shall not represent that COCOJOJO is responsible for the Participant's data practices and shall indemnify COCOJOJO for any claims arising from the Participant's handling of personal information.

11. Compliance with Platform Rules

Participants are solely responsible for complying with the rules, guidelines, policies, monetization requirements, advertising restrictions, disclosure requirements, and terms of all platforms used in connection with promotional activities, including without limitation social media platforms, social media platforms, YouTube, social media platforms, X/social media platforms, social media platforms, Snapchat, LinkedIn, blogs, podcasts, livestreaming platforms, affiliate platforms, and marketplaces.

COCOJOJO is not responsible for platform penalties, bans, demonetization, shadow bans, account suspensions, content removals, or algorithmic impacts affecting Participants.

12. Monitoring and Content Removal

COCOJOJO reserves the right, but not the obligation, to monitor Participant content, review posts and campaigns, request edits, require disclosures, require removals, suspend campaigns, reject content, restrict brand usage, and remove Participants from programs at any time and in its sole discretion. Participants agree to promptly comply with any content-removal or modification request made by COCOJOJO, and in no event later than twenty-four (24) hours after such request.

13. No Guaranteed Compensation or Results

COCOJOJO makes no guarantees regarding compensation, commissions, sales, reach, engagement, exposure, revenue, conversion rates, affiliate earnings, campaign success, or program availability. Compensation structures, commission rates, cookie windows, attribution methods, payout thresholds, and program terms may be modified, suspended, reduced, or terminated at any time in COCOJOJO's sole discretion, with or without notice. COCOJOJO reserves the right to withhold, reverse, or deny commissions for returned products, fraudulent or self-referred orders, chargebacks, policy violations, or any conduct COCOJOJO determines, in its sole discretion, to be improper.

14. Representations and Warranties

Each Participant represents, warrants, and covenants that: (a) they are at least 18 years of age and have full legal authority to enter into these Influencer Terms; (b) all content they publish is original or properly licensed and does not infringe any third-party rights; (c) all statements they make about COCOJOJO products are truthful, accurate, substantiated, and compliant with applicable law; (d) they will comply with all applicable laws, regulations, platform rules, and COCOJOJO policies; (e) they will make all required disclosures; and (f) they will not engage in any conduct that could harm COCOJOJO's reputation, goodwill, or legal standing.

15. Indemnification

To the fullest extent permitted by law, Participants agree to defend, indemnify, and hold harmless COCOJOJO and its affiliates, subsidiaries, officers, directors, members, managers, employees, licensors, agents, contractors, service providers, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, judgments, awards, penalties, investigations, governmental or regulatory actions, fines, losses, settlements, costs, and expenses (including reasonable attorneys' fees, expert fees, and costs of investigation and defense) arising from or relating to:

• FTC violations, including under 16 C.F.R. Part 255 and Part 465
• False, misleading, deceptive, or unsubstantiated advertising claims
• Unauthorized, medical, drug, or therapeutic claims
• Intellectual property infringement
• Disclosure failures
• Platform violations
• Consumer complaints or claims
• Regulatory investigations or enforcement actions, including under California Bus. & Prof. Code Section 17200 and Section 17500
• Defamation, right-of-publicity, or privacy claims
• Violations of privacy, anti-spam, or data-protection laws (including CCPA/CPRA, CAN-SPAM, and TCPA)
• Any content created, published, or distributed by the Participant
• Any breach of these Influencer Terms or any representation or warranty herein
• The Participant's negligence, willful misconduct, or violation of any law

COCOJOJO reserves the right, at its own option and expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Participant, and in such event the Participant agrees to cooperate fully with COCOJOJO's defense. The Participant shall not settle any claim affecting the Indemnified Parties without COCOJOJO's prior written consent. This indemnification obligation is in addition to, and not in lieu of, any other rights or remedies available to COCOJOJO, and is not subject to the liability cap set forth below.

16. Limitation of Liability

To the fullest extent permitted by law, COCOJOJO and the Indemnified Parties shall not be liable for any lost profits, lost revenue, lost opportunities, account bans, algorithm changes, platform actions, demonetization, indirect, incidental, consequential, special, exemplary, or punitive damages, reputational harm, campaign performance issues, or third-party actions, whether based in contract, tort, strict liability, negligence, warranty, or any other theory, and even if advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, COCOJOJO's liability shall be limited to the maximum extent permitted by applicable law. Participation in any COCOJOJO influencer or affiliate program is entirely at the Participant's own risk.

17. Termination

COCOJOJO may suspend, restrict, or terminate any Participant, relationship, campaign, affiliate account, ambassador status, or promotional authorization at any time, with or without notice, and with or without cause, in its sole and absolute discretion. Participants may terminate their participation at any time by ceasing all promotional activity and notifying COCOJOJO.

Upon termination: (a) all licenses immediately terminate; (b) Participants must immediately cease using COCOJOJO branding, trademarks, and content; (c) Participants must remove unauthorized promotional materials upon request; and (d) any unpaid commissions may be forfeited where termination results from a Participant's breach or misconduct, to the fullest extent permitted by law.

18. Survival

All provisions of these Influencer Terms which by their nature should survive termination shall survive, including, without limitation, Sections 3 (Taxes), 5 (No False Claims), 7 (Intellectual Property, including the License-Back), 10 (Privacy), 14 (Representations and Warranties), 15 (Indemnification), 16 (Limitation of Liability), 18 (Survival), 19 (Dispute Resolution), and 20 (General Provisions).

19. Dispute Resolution, Arbitration, and Class-Action Waiver

Any dispute, claim, or controversy arising out of or relating to these Influencer Terms or any COCOJOJO program shall be governed by, and resolved in accordance with, the dispute-resolution provisions, mandatory binding arbitration clauses, class-action and collective-action waivers, jury-trial waivers, limitations of liability, governing-law provisions, and forum-selection clauses contained in the COCOJOJO Terms of Service, which are incorporated herein by reference in their entirety. To the fullest extent permitted by law, the Participant waives any right to participate in a class action, collective action, or representative action, and agrees that disputes shall be resolved on an individual basis. These Influencer Terms shall be governed by the laws of the State of California, without regard to its conflict-of-laws principles, and the exclusive venue for any dispute not subject to arbitration shall be the state and federal courts located in Orange County, California.

20. General Provisions

These Influencer Terms, together with the documents incorporated by reference, constitute the entire agreement between the parties regarding the subject matter and supersede all prior agreements. If any provision is held invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to be enforceable, or severed, and the remaining provisions shall continue in full force and effect. No failure or delay by COCOJOJO in exercising any right or remedy shall constitute a waiver. COCOJOJO may modify these Influencer Terms at any time, with changes effective upon posting; continued participation constitutes acceptance. COCOJOJO may assign these Influencer Terms freely; Participants may not assign without COCOJOJO's prior written consent. In the event of any conflict between these Influencer Terms and another COCOJOJO policy, the provision more protective of COCOJOJO shall control, except where applicable law requires otherwise.

21. Contact Information

For questions about these Influencer Terms or any COCOJOJO program:

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