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Procter & Gamble Affiliate Terms and Conditions for Creators

These Terms govern your participation as a creator in promoting Procter & Gamble ("P&G") products (the “Products”). By participating, you agree to these Terms. If you do not agree, do not participate. P&G may modify these Terms at any time.

1. Eligibility

You must be at least 18 years old and reside in a country where the Products are sold. You must not be an employee of P&G or its subsidiaries or affiliates. You declare you don’t have other obligations that would restrict you from participating in P&G’s products promotion, including any medical conditions that would prohibit you from using the Products. You must maintain and actively use at least one personal social media account on Facebook, Instagram, and/or TikTok (collectively, "Approved Platforms"). Your accounts on Approved Platforms are referred to in these Terms as "Accounts."

2. Content Creation

By agreeing to these Terms, you agree to perform the following services (collectively, the “Services”) as part of your participation in the Affiliate Program contemplated by these Terms (the “Affiliate Program”):

  • Create and post photo, video and/or written content promoting the Products and/or any related campaigns or services as P&G may request from time to time ("Content"). For avoidance of any doubt, Content includes any and all content, posts, photos, videos, pictures, writings, or any other work product that you create as part of the Services or otherwise related to the work product you create for P&G or at P&G's request.

  • Where applicable, share and promote your affiliate link to encourage your followers to purchase the Products.

  • Promptly respond to communications from any of your followers related to P&G or the Products.

  • Promptly notify P&G of any comments on the Content referencing an undesirable effect on an individual’s health and/or well-being associated with the use of the Products.

  • Promptly respond to communications from P&G representatives in text, email, phone or any other form.

3. Content Creation Guidelines

  • Brand Safety: All content must adhere to P&G's brand values. Do not create content that is false, misleading, offensive, defamatory, violent, obscene, illegal content or infringes on third-party rights. This includes not showing or mentioning any other retailer, company or brand within the Content.

  • Intellectual Property Rights: You may use P&G's trademarks and product information and brand content only as provided in the brief shared with you for creating your Content. Any unauthorized use is prohibited. Do not include any third-party intellectual property (e.g., materials you did not create, including video or sound clips, other company brands/logos, pictures, scripts, etc.), including music. You should also not show or mention any other retailer, company or brand within the Content.

  • Accuracy and Truthfulness: Ensure that any claims made about the Products are accurate and can be substantiated and do not give health advice or make health related claims. Ensure your Content represents your genuine and recent experiences with the product and use the product(s) only as directed, using the briefs provided to you by P&G.

  • Compliance: Follow all applicable laws and regulations, including advertising standards and disclosure requirements, and specifically comply with all FTC guidelines, including the FTC's Disclosure Requirements for Social Media Influencers. You must comply with all requirements and terms provided independently by the Approved Platforms. You must ensure your relationship with P&G, the fact that you may receive commission and/or the fact that you received gifted product if applicable is clearly disclosed as required by the FTC, including visual and verbal disclosures as applicable to the specific Content.

  • Privacy: Do not use personal data from others or include other people (including children and other relatives) in your Content, unless you have explicit authorization or consent, in the form of an executed publicity rights agreement to be provided to P&G upon request.

4. Monitoring and Enforcement.

P&G may monitor and review posted content to ensure compliance with these Terms and to assess performance, and may delegate this task to third parties. P&G (or the appointed third party) may use automation tools and/or AI to assist in this process. We reserve the right to:

  • Review content and require modifications prior to publication.

  • Remove or request platform(s) to remove any content that does not comply with these Terms.

  • Terminate your participation for violation of these Terms and report them to the platform.

Upon termination, you must cease all promotional activities and remove any P&G-related content.

5. Data Protection.

P&G will process your personal information for the purpose of managing your participation, in accordance with P&G’s Privacy Policy.

6. Analytics and Metrics.

P&G, or an appointed third party, may request you to provide reports of activities to assess performance in the event that this data is not provided by the applicable Approved Platform.

7. Compensation.

In exchange for your provision of the Services, you will be eligible to earn commissions. Commissions will be based on the amount of Product sales generated by your Content, may vary for different Products, and will be paid to you within a reasonable period of time.

You acknowledge and agree that we may change the rate of any commission in our sole discretion from time to time; however, commissions will not be paid for any Product sales effectuated by dishonest, fraudulent, deceptive, misleading, or otherwise unlawful means, as determined by P&G in its sole discretion.

8. Your Representations and Warranties.

You further acknowledge and agree that:

  • your Content does not contain anything that is false, misleading, offensive, obscene, hate speech, derogatory, defamatory, libelous, slanderous, or otherwise inappropriate; that infringes any third party’s right (such as, but not limited to, copyright, trademark rights, trade secret and/or any other applicable personal or proprietary rights);

  • your Content does not include any content about other companies or their brands, retailers, third party websites, addresses, email addresses, contact information, phone numbers;

  • your Content does NOT contain language or materials intended to create disruption or to mislead others;

  • you will not use P&G's name, the name of any P&G brand, or any trademarks, copyrighted materials, or other intellectual property of P&G in any advertising, social media, or in literature other than material published by P&G, without first obtaining the express written permission of P&G, except as expressly provided in these Term;

  • and you will not commit any act which brings P&G into public disrepute, contempt, scandal, or ridicule, or which insults or offends any of P&G's customers, competitors or the general community to which P&G's advertising materials are directed, or which might tend to harm P&G or any of the Products;

  • you will not promote the Products through unsolicited or spam emails or otherwise violate any laws, regulations, rules, administrative guidelines, policies, codes, orders and ordinances, regulating electronic communications; and

  • you will not use any automated system, including "bots," in order to artificially inflate the number of views of the Content.

9. P&G’s Rights.

By agreeing to these Terms and creating Content, you:

  • agree that P&G and P&G’s retailer partners will have the right to share, re-tweet, re-gram, re-post or otherwise re-transmit or display or syndicate the Content. P&G will also have the right to amplify, “white list”, or otherwise promote any of the Content and will also have the right to purchase such Internet domain names, search engine adwords or keywords as P&G may desire to promote the Content;

  • grant P&G, to the extent allowed by applicable law, a non-exclusive, worldwide, unlimited, perpetual, irrevocable, royalty-free, fully sublicensable and transferable right and license to use the Content on P&G’s owned handles on the Approved Platforms; this includes the right to use the information that may be personal information, such as your name, biographical information, vocal recordings of you, and/or any illustrations, photographic or videographic image(s) of you or any other indicia of your right of publicity rights (collectively, "Your Personal Content") as contained in your Content;

  • agree to waive any applicable moral rights, insofar as applicable law allows, as contained in your Content for any of the proposed uses listed above;

  • agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, P&G and each of its respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such Content, including, without limitation, any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and/or defamation. Without limiting the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain or interfere with use of the Content or Your Personal Content or the exploitation of any of the P&G's rights as noted above;

  • understand that P&G is relying upon your representations, grants of rights, waivers and releases in permitting you to participate in the Affiliate Program;

  • acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained herein;

  • acknowledge that you, not P&G, are responsible for the contents of any Content; and

  • agree that you: (i) will remove any Content, as requested by P&G, as soon as practicable upon your receipt of written notice from P&G, but in any event no later than twenty-four (24) hours after receipt of such notice; and (ii) will authorize and not object to any action of P&G to directly file take-down requests with any Approved Platform for or de-monitize any Content that P&G reasonably believes, in its sole discretion, does not conform to these Terms.

10. Term and Termination.

These Terms shall commence upon your acceptance of these Terms (including as may be demonstrated by your participation in the Affiliate Program) and continue until you decide to stop participating and provide us with written notice of this decision, or until we terminate these Terms and subsequently our relationship with you, whichever is earlier (the “Termination Date”). P&G may terminate these Terms and our relationship with you at any time, in its sole discretion, for any reason, with or without notice.

In the event that P&G terminates these Terms and the Affiliate Program for convenience, P&G will pay any commissions that you have earned or accrued before the Termination Date (collectively, “Earned Commission”) to you within a reasonable period of time. You understand and agree that you are not eligible for, and P&G is not obligated to provide, any commissions or other compensation for any Product sales generated by any of your Content after the Termination Date and that payment of your Earned Commission fully satisfies our legal obligations to you upon termination of these Terms.

P&G is entitled to terminate these Terms and the Affiliate Program at any reasonable time with immediate effect and without any penalty, liability or further obligation in the event that you: (i) materially breach any provision in these Terms, including if you violate any applicable law, rule, regulation, or ordinance, including all FTC guidelines; (ii) you commit or are alleged to have committed (a) any felonious act, (b) any act involving moral turpitude, (c) any act involving the illegal use of drugs or alcohol or firearms, (d) any criminal offense involving a minor, animal welfare, weapons, or domestic abuse; and/or (e) become involved in any situation or occurrence otherwise tending to bring you or P&G into public disrepute, contempt, scandal, or ridicule, in P&G’s sole discretion and/or (iii) you post any Content that includes the following topics in addition to the Products: alcohol, animal welfare, overt sexual behavior (e.g., nude photos and sex tapes), politics, race relations, religion, reproductive issues (e.g., contraception and abortion), terrorism, and/or war (any such termination, a “Termination for Cause”). In the event of a Termination for Cause, you understand and agree that P&G will have no further liability or obligation to you, including with respect to payment.

The rights and obligations related to Limitation of Liability, Indemnification, Confidentiality, Independent Contractor, Severability, Applicable Law and Disputes and Miscellaneous shall survive any cancellation or termination of these Terms.

11. Limitation of Liability.

IN NO EVENT SHALL P&G BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF P&G HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. P&G MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING P&G’S WEBSITE(S) OR ANY OTHER WEBSITES MAINTAINED AND OPERATED BY P&G OR THE PRODUCTS OR SERVICES PROVIDED THEREON OR OTHERWISE OFFERED BY P&G, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, P&G MAKES NO REPRESENTATION THAT THE OPERATION OF ANY P&G WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND P&G IS NOT LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

If the foregoing limitation of liability is held to be unenforceable, P&G’s maximum liability to you shall not exceed the amount paid by you for the Products to the extent you purchased the Products yourself. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusion may not apply to you to the extent such jurisdiction’s law is applicable to these Terms. If the law applies to you and your participation in the Affiliate Program does not permit the waiver by you of any rights or remedies, these Terms do not require you to waive any of such rights.

12. Indemnification.

You agree to indemnify, defend, and hold harmless P&G, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of the Terms or your participation in the Affiliate Program (including negligent or wrongful conduct).

13. Confidentiality.

During the Term and at all times thereafter, you acknowledge that you may be given access to information about or related to P&G and the Products that is not generally available to the public which may be provided to you by us or which you have access to or discover in your provision of the Services and/or the performance of your obligations under these Terms, whether in oral, tangible, electronic, or other form (the “Confidential Information”). You agree that you will not make use of the Confidential Information for purposes other than the performance of your participation in the Affiliate Program and your obligations under these Terms. For the avoidance of doubt, Confidential Information includes non-public information shared with you via email or other communications from P&G related to the Affiliate Program. You agree to hold all Confidential Information in the strictest confidence, not to disclose the Confidential Information to any third party and to take all necessary measures to prevent any such disclosure. You agree that P&G is (and will remain) the sole and exclusive owner of all right, title and interest in and to the Confidential Information, and all P&G intellectual property.

14. Independent Contractor.

In providing the Services, you acknowledge and agree that your relationship with P&G is that of an independent contractor and it is expressly understood and agreed that nothing in these Terms is intended to create, and does not create, any employee, partnership, agency, joint venture or similar relationship between yourself and P&G. You are solely responsible for all of you own income, social security, unemployment, sales, disability and any other applicable taxes arising out of your performance of the Services under these Terms, as required by applicable laws and regulations. You understand and agree that P&G will not withhold or make payments or contributions on your behalf. You agree to indemnify and defend P&G against any and all such taxes or contributions. You are also responsible for all costs, liabilities and expenses you may incur in connection with performing the Services under these Terms.

15. Severability.

If any section or sections of these Terms are held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, such holding shall not in any way affect the enforceability of the remaining sections.

16. Applicable Law and Disputes

To the extent permitted by law, the Terms shall be governed by and interpreted in all respects in accordance with the substantive laws of the State of Ohio, U.S.A., without regard to its choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.

YOU AGREE THAT BY ENTERING INTO THESE TERMS YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST P&G (INCLUDING ANY P&G BRAND) ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY LITIGATION OR OTHER ACTION OR PROCEEDING WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ACTIONS ARE NOT PERMITTED.

There might be an occasion in which you and P&G (including any P&G Brand) are subject to a Dispute (as defined below) that directly or indirectly arises out of, or relates, to these Terms, your participation in the Affiliate Program, or your purchase or use of a product, good, or service from P&G (including from a P&G Brand). In the event of such a Dispute, you agree (i) to comply with the Mandatory Informal Dispute Resolution Process as set forth below, and, (ii) that, if the Mandatory Informal Dispute Resolution Process does not resolve the Dispute, then you will comply with the Formal Dispute Resolution Process.

Mandatory Informal Dispute Resolution Process

For any Dispute that arises between you and P&G (including between you and any P&G Brand) concerning or otherwise related to these Terms, your participation in the Affiliate Program, or your purchase or use of a product, good, or service from P&G (including from a P&G Brand), you agree that you will first make a good faith effort to resolve such a Dispute informally before initiating any formal dispute resolution proceeding, as set forth below.

This informal dispute resolution process is a condition precedent and prerequisite to commencing legal action against P&G (including any P&G brand). This informal dispute resolution process requires that you send a written description of the Dispute, including the nature and basis of the claim and the nature and basis of the specific relief sought (with a calculation for it), to the other party that also includes contact information (name, address, email, phone number, and, if applicable, account number, purchase order numbers, and transaction confirmation codes) (the “Notice”). For any Dispute you initiate, you agree to send this Notice, along with this contact information and other data sufficient for us to identify your transaction, account, or other relevant information with us at the following: The Procter & Gamble Company, C T Corporation System 4400 Easton Commons Way Suite 125 Columbus, Ohio 43219. You must personally sign the Notice (along with an attorney if you are represented) that is mailed to us.

After the Notice of your intent to engage in the informal dispute resolution process is transmitted and received by us, in accordance with the aforementioned instructions, each party hereby agrees to promptly negotiate in good faith about the Dispute. This process should lead to resolution of the Dispute, but if the Dispute is not resolved within sixty (60) days after receipt of the fully completed Notice of the informal dispute, each party agrees to the Formal Dispute Resolution Process set forth below. The parties agree that any relevant limitations period and filing fee or other deadlines shall be tolled while the parties engage in this informal dispute resolution process. A court shall have the authority to enforce the terms of this mandatory informal dispute resolution process.

Formal Dispute Resolution Process

Any Dispute between you and P&G (including between you and any P&G Brand) directly or indirectly arising out of or relating to these Terms, your participation in the Affiliate Program, or your purchase or use of a product, good, or service from P&G (including from a P&G brand) that cannot be resolved through the aforementioned informal dispute resolution process shall be resolved exclusively in the state or federal courts located in Hamilton County, Ohio. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute. YOU FURTHER IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO ANY DISPUTE BETWEEN YOU AND P&G (INCLUDING BETWEEN YOU AND ANY P&G BRAND) CONCERNING OR OTHERWISE RELATED TO THESE TERMS, A P&G WEBSITE, OR YOUR PURCHASE OR USE OF A PRODUCT, GOOD, OR SERVICE FROM P&G (INCLUDING A P&G BRAND).

Any cause of action or claim you may have directly or indirectly arising out of or relating to the Terms, your participation in the Affiliate Program, or your purchase or use of a product, good, or service from P&G must be commenced within one (1) year after the claim or cause of action arises.

These dispute resolution processes do not limit your obligations to comply with any other provisions or requirements in these Terms.

Terms

For purposes of these Terms, the term “Dispute” shall be interpreted as broadly as permitted under the law and shall cover any claim or controversy, related to P&G or our relationship with you, including but not limited to, any and all: (i) claims for relief and theories of liability, whether based in contract, tort, fraud, misrepresentation, negligence, statute, regulation, ordinance, or otherwise; (ii) claims that arose before these Terms; (iii) claims that arise after the termination of these Terms; and (iv) claims that are the subject of purported class action litigation.

17. Miscellaneous.

These Terms constitute the entire agreement between you and P&G relating to this subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter.

In the event any provision, clause, sentence, phrase, or word hereof, or the application thereof in any circumstances, is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remainder hereof, or of the application of any such provision, sentence, clause, phrase, or word in any other circumstances.

The waiver by either you or P&G of a breach of any provision of these Terms by the other party shall not operate or be construed as a waiver of any other or subsequent breach by the other party.

P&G may modify these Terms at any time and its sole discretion. If any of the modifications are unacceptable to you, your only recourse is to terminate your affiliate relationship with P&G. If you continue providing Services following the posting of any modification or change to any of the Terms, it will be considered as your acceptance of the change.

You may not subcontract or otherwise assign, transfer or delegate any of your rights, duties or obligations under these Terms.

P&G may assign, transfer or delegate its rights, duties and obligations hereunder to any third- party acquirer of any business of P&G, and following such an assignment, transfer and delegation, P&G shall have no further duties or obligations hereunder.

18. Contact Us.

If you have any questions regarding these Terms or about participating in the Affiliate Program, you may contact us at panteneus.im.2@pg.com.