Creators Terms and Conditions

Procter & Gamble (P&G) Affiliate Terms and Conditions for Creators — Native

These Terms govern your participation as a creator in promoting Procter & Gamble (“P&G”) products under the Native brand (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 represent you do not have other obligations that would restrict you from participating in promotion of the Products, including any medical conditions that would prohibit you from using the Products.

You must maintain and actively use at least one public 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.”

1A. Affiliate Content Disclosure Requirements (Native)

For all Content, you must:

• Tag @native; and

• Include #NativePartner; and

• Include personal-care topical hashtag(s) relevant to your Content (e.g., #personalcare, #bodycare, #deodorant, #skincare, #haircare, #hygiene); and

• Clearly disclose your material connection to P&G/Native as required by the FTC and applicable platform rules (including that you may earn commission), using platform disclosure tools (e.g., “Paid Partnership”) where available.

If you were gifted a free product, you must also:

• Include #giftedByNative and #paidpartner; and

• Provide a clear verbal disclosure in the video (for video/audio formats).

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 doubt, Content includes any and all posts, photos, videos, pictures, writings, or other work product you create as part of the Services or otherwise related to 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 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, or that 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, product information, and brand content only as provided in the brief shared with you. 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 must not show or mention any other retailer, company, or brand within the Content.

Accuracy and Truthfulness: Ensure any claims made about the Products are accurate and can be substantiated. 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/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. P&G reserves 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 violations to the platform.

• Upon termination, require you to 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 that you provide reports of activities to assess performance if such 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 P&G may change the rate of any commission in its 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; or that infringes any third party’s right (including copyright, trademark, trade secret, and/or other rights).

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

• Your Content does not contain language or materials intended to create disruption or mislead others.

• You will not use P&G’s name, the name of any P&G brand (including Native), or any trademarks, copyrighted materials, or other intellectual property of P&G in any advertising, social media, or literature other than material published by P&G, without first obtaining P&G’s express written permission, except as expressly provided in these Terms.

• 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, 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 regulating electronic communications.

• You will not use any automated system, including “bots,” 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 have the right to share, re-post, re-transmit, display, or syndicate the Content. P&G also has the right to amplify, “white list,” or otherwise promote any of the Content and to purchase 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 personal information such as your name, biographical information, vocal recordings, and/or your image/likeness and other right of publicity indicia (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 uses listed above.

• Agree to release, hold harmless and indemnify (on behalf of yourself and your successors, assigns and representatives) P&G and its officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages arising out of or in connection with use of the Content, including claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or moral rights, and/or defamation; and you waive any right to enjoin, restrain, or interfere with use of the Content or Your Personal Content.

• Understand that P&G is relying on your representations, grants of rights, waivers, and releases in permitting your participation.

• Acknowledge you may not terminate or rescind the grants of rights/licenses and/or releases contained herein.

• Acknowledge that you, not P&G, are responsible for the contents of any Content.

• Agree that you will remove any Content as requested by P&G as soon as practicable upon written notice, and in any event no later than twenty-four (24) hours after receipt; and you authorize P&G to file take-down requests with any Approved Platform for, or to de-monetize, any Content that P&G reasonably believes does not conform to these Terms.

10. Term and Termination

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

If P&G terminates for convenience, P&G will pay any commissions earned or accrued before the Termination Date (“Earned Commission”) within a reasonable period of time. You are not eligible for commissions for Product sales generated after the Termination Date, and payment of Earned Commission fully satisfies P&G’s legal obligations to you upon termination.

P&G may terminate immediately for cause without further obligation if you: (i) materially breach these Terms (including FTC/platform violations); (ii) commit or are alleged to have committed certain misconduct; and/or (iii) post Content that includes (in addition to the Products) certain sensitive topics (including: alcohol, animal welfare, overt sexual behavior, politics, race relations, religion, reproductive issues, terrorism, and/or war), in P&G’s sole discretion (a “Termination for Cause”). In the event of a Termination for Cause, 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 survive termination.

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 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. P&G MAKES NO REPRESENTATION THAT OPERATION OF ANY P&G WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND P&G IS NOT LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPIONS OR ERRORS.

If the foregoing limitation of liability is held 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 limitation or exclusion of liability for certain damages, so the above may not apply to you to the extent prohibited by applicable law.

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 these Terms or your participation in the Affiliate Program (including negligent or wrongful conduct).

13. Confidentiality

During the Term and at all times thereafter, you may be given access to non-public information related to P&G, the Products, and/or the Affiliate Program (“Confidential Information”). You agree not to use Confidential Information except to perform your obligations under these Terms, to keep it strictly confidential, and not to disclose it to any third party. P&G remains the sole and exclusive owner of all right, title and interest in and to Confidential Information and all P&G intellectual property.

14. Independent Contractor

You are an independent contractor. Nothing in these Terms creates an employee, partnership, agency, joint venture, or similar relationship. You are solely responsible for all applicable taxes and for all costs, liabilities and expenses you incur in connection with performing the Services. 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.

15. Severability

If any provision of these Terms is held invalid, illegal, unenforceable, or in conflict with applicable law, that holding does not affect enforceability of the remaining provisions.

16. Applicable Law and Disputes

To the extent permitted by law, these Terms are governed by the substantive laws of the State of Ohio, U.S.A., without regard to choice-of-law rules, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.

YOU AGREE YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY.

Mandatory Informal Dispute Resolution Process

Before initiating formal proceedings, you must first make a good-faith effort to resolve any Dispute informally. This requires sending a written description of the Dispute (nature and basis of the claim, relief sought with calculation, and contact/transaction information) (the “Notice”) to:

The Procter & Gamble Company
C T Corporation System
4400 Easton Commons Way, Suite 125
Columbus, Ohio 43219

You must personally sign the Notice (and an attorney must also sign if you are represented). If the Dispute is not resolved within sixty (60) days after receipt of a fully completed Notice, either party may proceed to the Formal Dispute Resolution Process. Applicable limitations periods and certain deadlines are tolled during the informal process.

Formal Dispute Resolution Process

Any Dispute not resolved through the informal process shall be resolved exclusively in the state or federal courts located in Hamilton County, Ohio. You consent to venue and exclusive jurisdiction and waive jury trial to the fullest extent permitted by law.

Any cause of action or claim must be commenced within one (1) year after the claim or cause of action arises.

For purposes of these Terms, “Dispute” is interpreted as broadly as permitted by law and includes claims arising before these Terms, during the Term, and after termination, including purported class action claims.

17. Miscellaneous

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

Any waiver of a breach does not operate as a waiver of any other or subsequent breach.

P&G may modify these Terms at any time in its sole discretion. If modifications are unacceptable to you, your only recourse is to terminate participation. Continued provision of Services following posting of modifications constitutes acceptance.

You may not subcontract or assign, transfer, or delegate any of your rights or obligations under these Terms. P&G may assign, transfer, or delegate its rights and obligations to a third-party acquirer of any P&G business, and following such assignment P&G shall have no further duties or obligations hereunder.

18. Contact Us

If you have any questions regarding these Terms or participating in the Affiliate Program, contact: nativetiktokshop@shared.pg.com