This Impress Besties Community Member Agreement (the "Agreement") governs participation in the Impress Besties community ("Impress Besties" or the "Program"), operated by Kiss Nail Products, Inc. d/b/a KISS Products ("KISS," "we," "us," or "our"). The individual accepting this Agreement is referred to as "you," "Member," or "Creator."

This Agreement incorporates each campaign invitation, creative brief, posting instruction, or other written campaign requirement issued through CreatorIQ, email, or another designated channel (each, a "Campaign Brief"), as well as KISS's applicable Privacy Policy and website Terms of Use. If a Campaign Brief expressly conflicts with this Agreement, the Campaign Brief controls only for that campaign and only as to the conflicting operational term; this Agreement controls all other matters.

1. Eligibility, Application, and Membership

1.1 Eligibility

You must be at least eighteen (18) years old, have the legal capacity to enter into this Agreement, reside in a jurisdiction where participation is lawful, and maintain the social media account(s) required for the Program. KISS may establish or modify additional reasonable eligibility criteria, including location, audience, engagement, brand fit, and platform requirements.

1.2 Application and Selection

You must provide complete, current, and truthful information in the Program application. Submission of an application does not guarantee selection, membership, products, campaigns, payment, or any other benefit. KISS may accept or reject any applicant in its discretion, subject to applicable law. Membership begins only after KISS accepts you and you agree to this Agreement.

1.3 Accurate Information and Account Security

You must keep your legal name, contact information, shipping address, social media handles, and other Program information current. You may not use an alias to conceal your identity or misrepresent your audience or engagement. You are responsible for credentials used to access CreatorIQ or any other Program tool and must promptly report suspected unauthorized access.

1.4 Personal Membership; No Assignment

Membership is personal to you. You may not allow another person to participate, create required Content, access Program tools, or perform your obligations on your behalf without KISS's prior written approval. You may not sell, assign, transfer, or broker your membership or any Program opportunity.

2. Program Operation and Campaign Participation

2.1 Program Communications

KISS may use CreatorIQ, email, social media, or other designated tools to communicate with Members, distribute Campaign Briefs, receive Content, review performance, and administer the Program. You are responsible for checking Program communications and responding within stated deadlines.

2.2 Campaign Invitations

KISS may invite Members to campaigns involving gifted products, social media Content, product demonstrations, reviews, surveys, events, or other activities. Each Campaign Brief may specify the product, platform, format, number of deliverables, posting window, tags, disclosures, talking points, prohibited claims, approval process, and other requirements. Participation in a campaign is voluntary until you accept the Campaign Brief or accept or use the related products; after acceptance, the Campaign Brief is binding.

2.3 No Guarantee

Membership does not guarantee selection for any campaign, receipt of products, paid work, reposting, publicity, or any minimum number of opportunities. KISS may modify, pause, cancel, or discontinue the Program or any campaign at any time, subject to obligations already expressly accepted in writing.

2.4 Active Participation

Members are expected to remain reasonably responsive, complete accepted Campaign Briefs on time, submit Content for review when requested, and maintain public posts for any period stated in the Campaign Brief. KISS may consider responsiveness, compliance, Content quality, authenticity, and engagement when determining continued membership or future opportunities.

3. Gifted Products and Compensation

3.1 Gifted Products

KISS may provide products without charge ("Gifted Products") for evaluation and Content creation. Unless a Campaign Brief states otherwise, Gifted Products become yours upon delivery, subject to your obligations under this Agreement, and may not be resold before completion of the campaign. Product selection, quantity, shade, style, and availability are determined by KISS.

3.2 Full Compensation

Unless KISS and you sign a separate written paid-creator agreement, the Gifted Products and Program access constitute the complete consideration for your participation and Content. You are not entitled to wages, fees, royalties, residuals, commissions, expense reimbursement, or additional compensation for KISS's permitted use of Content.

3.3 Taxes and Expenses

You are responsible for your own taxes, equipment, internet access, production costs, and other expenses. KISS may request tax documentation or report the value of products or other benefits when required by law.

4. Content Obligations and Approval

4.1 Required Content

For each accepted campaign, you must create and publish the Content specified in the Campaign Brief by the stated deadline. "Content" includes videos, photographs, audio, captions, reviews, testimonials, comments, posts, stories, live streams, written feedback, raw footage, edited files, and other materials created, submitted, or posted in connection with the Program.

4.2 Submission and Review

When requested, you must submit Content to KISS through CreatorIQ or another designated method before publication. KISS may request reasonable edits, corrections, re-filming, additional disclosures, removal of unapproved claims, or removal of Content that does not comply with this Agreement or a Campaign Brief. Approval by KISS does not relieve you of responsibility for the Content or legal compliance.

4.3 Posting and Maintenance

You must publish approved Content on the required public account, include specified tags and disclosures, and keep the Content publicly available for the period stated in the Campaign Brief. You may not materially alter approved Content in a way that creates a legal, factual, safety, or brand-compliance issue.

4.4 Failure to Perform

If you accept Gifted Products but fail to satisfy an accepted Campaign Brief, KISS may request return of unopened products at KISS's expense, require removal or correction of noncompliant Content, suspend or terminate membership, and disqualify you from future opportunities. These remedies do not limit any other rights available under this Agreement or law.

5. Honesty, Claims, and Product Safety

5.1 Honest Experience

Content must reflect your honest opinions, findings, beliefs, and actual experience. You may not claim to have used a product that you have not used, state that you like a product if that is not your honest opinion, or condition a review on being positive. If KISS requests a review, the review must be honest and may not be required to be favorable.

5.2 Claims and Substantiation

You may use only product claims and talking points approved or supplied by KISS. You may not make express or implied claims that are false, misleading, unsubstantiated, medical, therapeutic, disease-related, or inconsistent with product labeling or instructions. You may not make comparative claims or identify competitors without written approval.

5.3 Demonstrations and Editing

Product demonstrations must show accurate and safe use in accordance with instructions. You may not use filters, editing, staging, before-and-after imagery, or other techniques that materially misrepresent product performance, appearance, fit, wear, safety, or results.

5.4 Adverse Events and Complaints

Promptly send KISS any consumer complaint, safety concern, adverse-event report, media inquiry, or regulatory inquiry relating to a Gifted Product or campaign. Do not provide medical advice, admit liability on behalf of KISS, or respond to the media or regulators on KISS's behalf.

6. Advertising Disclosures and Platform Compliance

6.1 Material Connection

You must clearly and conspicuously disclose your relationship with KISS whenever you mention, demonstrate, review, recommend, tag, link to, or otherwise endorse KISS or an Impress product after receiving Gifted Products, money, discounts, access, or any other benefit. Required disclosure applies even if KISS did not require a specific statement about the product.

6.2 Required Language and Placement

Use the disclosure stated in the Campaign Brief, such as "Gifted by Impress" or "Thanks to Impress for the free product," together with #gifted or #ad when appropriate. The disclosure must be easy to notice and understand, appear in the same language as the endorsement, and be placed with the endorsement itself—not only in a profile, biography, hyperlink, terms page, group of hashtags, or location requiring a viewer to click "more."

6.3 Videos, Stories, and Live Content

For video Content, the disclosure must appear in the video and not only in the caption or description; KISS may require both visual and audible disclosure. For stories or image-based posts, superimpose the disclosure so it is readable for sufficient time. For live streams, repeat the disclosure periodically.

6.4 Applicable Rules

You must comply with all applicable advertising, consumer-protection, privacy, intellectual-property, and other laws, including the U.S. Federal Trade Commission Endorsement Guides where applicable, and with all rules of Instagram, TikTok, YouTube, CreatorIQ, and any other platform used. If a platform or format does not permit an adequate disclosure, do not use it for the endorsement.

7. Content Standards and Prohibited Conduct

You must not create, submit, or publish Program-related Content or engage in Program conduct that:

• is false, misleading, defamatory, obscene, hateful, discriminatory, harassing, threatening, sexually explicit, excessively violent, unlawful, or unsafe;

• infringes or misuses any copyright, trademark, music, privacy, publicity, confidentiality, or other right;

• includes a person who has not consented to appearing in the Content and to the uses authorized under this Agreement;

• uses music, video, artwork, fonts, logos, locations, or other third-party material without all permissions required for KISS's use of the Content;

• uses fake followers, bots, fake engagement, fabricated reviews, impersonation, manipulated metrics, or other deceptive practices;

• contains illegal drugs, tobacco, firearms, weapons, or alcohol unless specifically approved in writing;

• discloses nonpublic product, campaign, business, personal, or legal information;

• misuses KISS products, promotes dangerous conduct, or contradicts product warnings or instructions; or

• could reasonably subject KISS, its affiliates, retailers, or partners to legal liability or material reputational harm.

8. Ownership of Content and License to KISS

8.1 Creator Ownership

As between you and KISS, you retain ownership of original Content you create, subject to KISS's ownership of its trademarks, products, packaging, briefs, and other materials and to the license granted below.

8.2 License Grant

For all Content created, submitted, or published in connection with the Program, you grant KISS, its affiliates, successors, licensees, distributors, retailers, agencies, platform partners, and service providers a worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, host, store, edit, crop, resize, adapt, translate, combine, create derivative works from, publish, distribute, transmit, publicly perform, publicly display, advertise, promote, and otherwise exploit the Content, in whole or in part, in any media or channel now known or later developed, for any lawful business purpose.

8.3 Permitted Uses

Permitted uses include organic social media, paid advertising and boosting, whitelisting where separately authorized by the applicable platform process, KISS and retailer websites, e-commerce listings, retail media, email, public relations, internal presentations, trade shows, in-store materials and displays, packaging, and other online and offline marketing. The license survives expiration or termination of membership and does not require further approval or payment.

8.4 Name, Handle, Voice, and Likeness

You authorize the licensed parties to use your name, approved social media handle, voice, image, likeness, biographical information, and statements as incorporated in or reasonably used to identify or promote the Content. KISS may, but is not required to, credit you.

8.5 Editing; No Obligation to Use

KISS may edit Content for length, format, branding, accessibility, translation, or placement, provided it does not intentionally and materially misrepresent your expressed opinion. KISS has no obligation to use any Content and may remove or stop using Content in its discretion.

9. Creator Representations and Warranties

You represent and warrant that:

• you have full authority to enter into and perform this Agreement;

• the Content is original to you or you have obtained all licenses, releases, and permissions necessary for the uses authorized here;

• each person appearing or heard in the Content has provided legally sufficient consent, and you will provide proof upon request;

• the Content and your participation comply with this Agreement, each Campaign Brief, applicable law, and platform rules;

• your statements are truthful, reflect your actual experience, and do not contain unapproved or unsubstantiated claims; and

• you are not subject to any conflicting obligation that would restrict KISS's use of the Content.

10. KISS Intellectual Property

10.1 Limited Permission

During active participation, KISS grants you a limited, revocable, nonexclusive, nontransferable license to use only the KISS and Impress names, trademarks, product images, and campaign materials expressly provided or approved for the applicable campaign, solely to create the required Content.

10.2 Restrictions

You may not register or use a domain name, account name, paid-search keyword, business name, logo, or other identifier that incorporates or is confusingly similar to a KISS or Impress trademark; alter KISS marks; imply that you are KISS or its employee or agent; manufacture or sell branded merchandise; or use KISS materials outside an approved campaign. All goodwill arising from permitted trademark use benefits KISS.

11. Social Media Data, CreatorIQ, and Privacy

11.1 Data Provided or Made Available

You authorize KISS and its service providers, including CreatorIQ, to collect, access, store, and analyze information you submit or make available in connection with the Program, including contact and shipping information, social media handles, public profile information, follower and audience information where available, engagement metrics, campaign performance, Content, communications, and Program history.

11.2 Purposes

KISS may use this information to process applications, select and administer Members and campaigns, ship products, communicate with you, review Content, monitor compliance, measure performance and return on investment, prevent fraud, improve the Program, and create aggregated or de-identified business reports.

11.3 Third-Party Tools and Privacy Policy

Your use of CreatorIQ and other third-party services may also be subject to their terms and privacy practices. KISS will handle personal information in accordance with its applicable Privacy Policy and law. If this Agreement conflicts with the Privacy Policy regarding KISS's processing of personal information, the Privacy Policy controls.

12. Confidentiality

12.1 Confidential Information

"Confidential Information" means nonpublic information disclosed by or obtained through KISS or the Program, including unreleased products, launch dates, Campaign Briefs, access credentials, pricing, strategies, plans, product claims, research, business information, personal information, and legal matters.

12.2 Protection and Permitted Use

You must protect Confidential Information, use it only for Program participation, and not disclose it to any person or post it publicly without KISS's prior written approval. If you are uncertain whether information is public, ask KISS before disclosure. These obligations do not apply to information you can document was lawfully public through no breach by you, already known without restriction, independently developed, or lawfully received from another source.

12.3 Required Disclosure

If law requires disclosure, you must, to the extent legally permitted, promptly notify KISS and reasonably cooperate in seeking confidential treatment. Confidentiality obligations survive termination.

13. Monitoring, Correction, and Removal

KISS may reasonably monitor Program-related Content and metrics. If KISS identifies a missing disclosure, unsupported claim, safety issue, rights issue, or other noncompliance, you must promptly correct or remove the Content as directed. KISS may report violations to a platform or take other reasonable protective action. Monitoring or approval does not transfer your compliance obligations to KISS.

14. Term, Suspension, and Termination

14.1 Term

This Agreement begins when you accept it or first participate after acceptance by KISS and continues until terminated.

14.2 Termination by Member

You may leave the Program by notifying KISS through the Program channel. Leaving does not excuse an already accepted Campaign Brief unless KISS agrees otherwise.

14.3 Suspension or Termination by KISS

KISS may suspend or terminate membership or campaign participation, with or without prior notice, for failure to perform, non-responsiveness, false information or metrics, legal or platform violations, harmful or noncompliant Content, confidentiality breach, misconduct, brand-safety concerns, Program changes, or another legitimate business reason permitted by law.

14.4 Effect of Termination

Upon termination, you must stop representing yourself as a current Impress Besties member, stop using KISS materials, protect Confidential Information, and complete any correction, removal, or return obligation. Sections concerning Content licenses, representations, confidentiality, data already processed, disclaimers, liability, indemnification, and miscellaneous terms survive.

15. Relationship of the Parties

Participation does not create employment, agency, partnership, joint venture, franchise, fiduciary, or other representative relationship. You have no authority to bind KISS or make commitments on its behalf. Except for specific Content obligations you accept, you control when, where, and how you perform and are responsible for your own equipment, expenses, insurance, and taxes. Nothing guarantees future work or benefits.

16. Disclaimers, Liability, and Indemnification

16.1 Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROGRAM, CREATORIQ ACCESS PROVIDED BY KISS, CAMPAIGNS, AND GIFTED PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT FOR EXPRESS PRODUCT WARRANTIES THAT MAY APPLY, KISS DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, AND ANY GUARANTEE OF OPPORTUNITIES, RESULTS, AUDIENCE GROWTH, OR COMPENSATION.

16.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, KISS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, RETAILERS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, DATA, OPPORTUNITIES, REPUTATION, OR GOODWILL; OR DAMAGES ARISING FROM THIRD-PARTY PLATFORMS. KISS'S AGGREGATE LIABILITY ARISING FROM THE PROGRAM WILL NOT EXCEED THE RETAIL VALUE OF GIFTED PRODUCTS PROVIDED TO YOU DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED.

16.3 Indemnification

You will defend, indemnify, and hold harmless KISS and its affiliates, officers, directors, employees, agents, retailers, licensees, and service providers from third-party claims, damages, judgments, losses, liabilities, costs, and reasonable attorneys' fees arising from or relating to: (a) your Content or conduct; (b) your breach of this Agreement or a Campaign Brief; (c) your violation of law or platform rules; or (d) an allegation that your Content infringes or violates another person's rights. KISS may control the defense with counsel of its choice, and you may not settle a claim imposing liability or obligations on a protected party without KISS's written consent.

16.4 Force Majeure

KISS is not liable for delay, cancellation, product unavailability, or failure caused by events beyond its reasonable control, including natural disasters, epidemic, war, terrorism, labor disruption, transportation failure, platform outage, government action, supply interruption, or utility or communications failure.

17. Miscellaneous

17.1 Governing Law and Venue

This Agreement is governed by the laws of the State of New York, without regard to conflict-of-law principles. Any action arising from this Agreement or the Program must be brought exclusively in the state or federal courts located in Nassau County, New York, and each party consents to their personal jurisdiction and venue.

17.2 Entire Agreement; Order of Precedence

This Agreement, accepted Campaign Briefs, and incorporated policies constitute the entire agreement regarding the Program and supersede prior or contemporaneous communications on that subject. A separate written paid-creator agreement signed by KISS controls over this Agreement for the specific paid engagement. Otherwise, this Agreement controls except as expressly stated in Section 2.2 regarding campaign-specific operational terms.

17.3 Changes

KISS may update this Agreement prospectively by providing reasonable notice through CreatorIQ, email, or the Program site. Continued participation after the effective date constitutes acceptance to the extent permitted by law. A change does not retroactively reduce compensation expressly promised in a signed writing.

17.4 Assignment

You may not assign this Agreement or delegate obligations without KISS's written consent. KISS may assign this Agreement to an affiliate or successor in connection with a reorganization, sale, merger, or transfer of the Program or relevant business.

17.5 Severability; Waiver; Remedies

If a provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will remain effective. Failure to enforce a provision is not a waiver. Rights and remedies are cumulative, and equitable relief may be sought for unauthorized use of intellectual property, Confidential Information, or Content-related rights.

17.6 Electronic Acceptance and Notices

Electronic acceptance, including a checked box or acceptance through CreatorIQ or another designated system, has the same effect as a handwritten signature. Notices to you may be sent to your application email address, through CreatorIQ, or through another Program channel. Notices to KISS must be sent to Kiss Nail Products, Inc., Attn: Legal Department, 25 Harbor Park Drive, Port Washington, New York 11050, with a copy through the applicable Program contact.

EXHIBIT A — CAMPAIGN BRIEF

This form may be completed and delivered through CreatorIQ, email, or another written campaign communication. It supplements the Agreement for the identified campaign.

 

Acceptance of this Campaign Brief is governed by the Impress Besties Community Member Agreement.