GENERAL TERMS AND CONDITIONS FOR PARTICIPATION IN THE INFLUENCER PROGRAM

Version from August 14, 2023

1. General and scope

1.1

For the business relationship between you as a partner (m/f) and us (Big Ego Cosmetics GmbH, hereinafter referred to as “Big Ego”), these general terms and conditions (hereinafter “Terms”) apply to all offers and deliveries related to Big Ego , services and contractual relationships. After receiving confirmation from Big Ego, you as a partner conclude a contract with Big Ego Cosmetics GmbH, Rheinstraße 11, 14513 Teltow, represented by the managing director Bosko Todorovic, commercial register: District Court HRB 43549 . The same applies if a manager authorized by you represents you when concluding a contract with Big Ego.

1.2

Big Ego's influencer program is aimed, among other things, at people with only publicly accessible social media accounts, such as Instagram, YouTube, TikTok, Pinterest, etc.

1.3

Partners (m/f, hereinafter referred to as “partner”, “influencer”, “you”, “you”, “you”, “your”) are people who are at least 18 years old.

1.4

Big Ego reserves the right, at its sole discretion, to change these Terms and Conditions at any time and without prior notice. We will also update the Last Updated date at the top of these Terms . Changes to these Terms and Conditions come into effect automatically upon publication. By continuing to post about Big Ego products after a change is posted, you agree to the changed Terms and Conditions . If the modified Terms are unacceptable to you, you may simply discontinue accessing the Site and Services as an Influencer for Big Ego.

1.5

Unless otherwise agreed, these conditions apply exclusively. Your conflicting, different or supplementary terms and conditions will not become part of the contract.

2. Offers and contract conclusions

2.1

The application process for participation in the influencer program takes place in the following steps:

• You can apply as a partner on the Big Ego website by filling out the form. To do this, you have to enter the requested data into the input mask. The application is successfully completed when all fields have been filled out.
• We will check your application. You will receive a confirmation or rejection by email as quickly as possible.
• The contract is concluded when you receive a commitment.

2.2

Haircare products, accessories, advertising material, photos, videos, stills, models, drawings, illustrations, sketches, stickers, etc. that Big Ego has made available for the partnership program are protected by copyright and always remain the intellectual property of Big Ego .

2.3

Influencers under the age of 18 are excluded from participating in the Big Ego Partnership program and/or campaigns.

3. Contractual obligations

3.1

If you don't yet have Big Ego products that you can use to create posts, you can purchase products in the shop. We will provide you with a voucher with a 70% discount. This serves as a protection amount so that people only want to receive discounted products from Big Ego without becoming active as an influencer. We reserve the right to make products available to selected influencers free of charge.

3.2.

You must publish at least one post on your social media channel with corresponding products within 14 days of receiving the Big Ego products. If you are unlikely to be able to publish the article within this time, we ask you to contact us in advance. If there is neither communication with Big Ego nor a corresponding public post on your social media channel that remains live for at least 8 weeks, we will subsequently invoice you in full for the product and shipping costs incurred.

3.3

You have to write your posts independently. You must identify passages of text that you take over from other people or publications, either analogously or verbatim, by citing the source. You must ensure that your contributions do not violate the privacy, trademark, copyright or other rights of third parties. If there are people depicted in photos that you use, you must obtain their express consent in advance to publish and use the image.

3.4

Big Ego recommends that you comply with the German Advertising Council's rules of conduct for all contributions. You can find more information about this at: https://www.werberat.de/werbekodex. You are obliged to ensure that all your contributions meet the legal requirements, in particular with regard to the Interstate Broadcasting Treaty (RStV) and other media, competition, youth protection and press law requirements. This includes, among other things, clear and clear advertising labeling and the visual separation of advertising from editorial content. Every advertising measure agreed with us must always be marked as such, e.g. B. by displaying or displaying the easily readable words “ad” or “advertising” in a prominent place. It must be presented in a manner appropriate to the medium using optical and/or acoustic means that is clearly spatially separated from other editorial content or parts of the program, e.g. B. by a separate section or by dividing the screen (split screen). You may not use covert or subliminal influence techniques. You are also obliged to keep the provider identification (e.g. through an imprint) easily recognizable, immediately accessible and constantly available.

3.5

You are also obliged to refrain from impermissible business offers, actions, legal violations or other damage to the campaign that impair the development of children and young people, violate human dignity, are criminally relevant, misleading or aggressive. These include, for example: B. also pornographic, discriminatory, sexist, racist, violence-glorifying or extreme religious or political statements.

3.6

You agree to only advertise for Big Ego using the social media channels specified in the registration form. Orders that are counted via other channels that were not previously registered, such as other Instagram accounts, paid campaigns, etc., will not be reimbursed.

3.7

You are obliged to always provide honest information about your profiles on social media or networks. As part of the implementation of the contract, the range only includes key figures that you have built up through your personal work and commitment.

3.8

You are prohibited from increasing the reach of your posts through deception and/or manipulation (“artificially”).

3.9

You are prohibited from attracting buyers through incentives, e.g. by passing on a commission share or by promising to provide exclusive content in return for a purchase in the Big Ego Shop.

3.10

Incentives such as competitions must be agreed upon with Big Ego in advance.

3.11

You are prohibited from artificially generating new buyers for Big Ego in order to falsely increase your compensation.

3.12

Big Ego tracks the sales you generate using a previously created voucher code to ensure that the sales you generate actually come from a source you created.

3.13

If you mention or credit Big Ego in a post, story or any other form of publication related to this influencer program, the content or post must, if possible, be tagged or linked to #bigego, #bigegocosmetics, #wearebigego or @bigegohaircare.

3.14

If there is suspicion of attempted fraud or a violation of one of points 3.1. - 3.11, Big Ego reserves the right to withhold all outstanding payouts until the suspicion is cleared. If the suspicion of attempted fraud or violation is confirmed, Big Ego reserves the right to take legal action against the accused partner and withhold the payment of the outstanding commission. In addition, the partner can be excluded from the partnership program.

3.15

Big Ego reserves the right to regularly ask for examples of the content created and to have them shown to you. If the partner cannot fulfill this obligation to provide proof, Big Ego can withdraw from this contract and, if necessary, make use of 3.12.

4. Storage of the contract text

4.1

We will store the data relating to your application for you as a partner for as long as it is needed to fulfill this contract or for up to 6 months after you leave the influencer program.

5. Payment terms

5.1

For your contribution you will receive 10% of the net shopping cart value (excluding VAT) for each new sale generated. Only sales that are not canceled within 14 days count.

5.2

It is hereby agreed that the agreed remuneration will be billed via an invoice to be drawn up by you in euros, plus statutory sales tax if necessary. You will create the invoice immediately upon proof of the services provided by us. Payment is made exclusively via bank transfer to a bank account specified by you on the invoice.

5.3

The minimum amount for withdrawal is €25.00 (twenty-five euros). Amounts below €25.00 are collected and paid out if the minimum amount is exceeded.

5.4

The evaluation of the previous month takes place no later than 7 days after the start of the following month. The commission due will be paid out no later than 7 days after the partner receives the invoice.

5.5

The partner may only receive a one-off payment up to an annual amount of €256 without a tax number. If the partner receives a higher payout than €256 or is paid out more than once (applies from the second payment of a commission, regardless of the amount), the partner needs a tax number. Big Ego reserves the right to withhold the payment due until the tax number is proven on the partner's invoice.

6. Rights of use

6.1

If you, as a partner, acquire a copyright, performance right or other right to your posts that are connected to Big Ego, you grant Big Ego the exclusive, irrevocable, temporally and spatially unlimited right to use your post as well as translations and other adaptations or To use redesigns of your post, for example by re-posting it on our social media accounts.

6.2

Big Ego is entitled to use your contribution unchanged for comprehensive and repeated evaluation or use in all media, social networks and for all embodiments - digital or analogue. This includes in particular:

• The comprehensive right to reproduce, distribute or publicly display or reproduce your contribution or parts of it - in the original or in edited form - or make it publicly available.
• The reproduction of your contribution in any form and sequence, including recording, presentation or repeated playback in set form as sound or voice, publication, distribution and reproduction in text, image, video and other multimedia form.
• The authority to edit the contribution or parts of it in any way and to transfer it to other visual, acoustic or other forms of representation and other types of works and to use and exploit it for this purpose, e.g. B. digital or printed advertising, print advertising (newspapers, magazines, catalogs), self-promotion, third-party advertising, advertising claims, songs, films, documentaries, feature films, stage plays, radio reports, etc.
• The authority to produce, use, reproduce, distribute, exploit and publicly reproduce or make available foreign language versions or synchronizations of your contribution or parts thereof.
• The comprehensive merchandising rights, namely the right to commercially use and exploit your contribution or parts thereof through the production and distribution of goods or marketing of services of all kinds that are related to your contribution.
• The other rights to use and exploit your contribution or parts of it - in the original or in edited form - in all media, in combination with other works, even independently of other works or production, e.g. B. as part of advertising campaigns, public performances, events, live shows, theme parks, musicals, Internet radio, webcasting, mobile TV, pay TV, free TV, on-demand offers, e-books, e-books, Paper or other performances or events.

6.3

If you are a performing artist, you grant Big Ego the right to use your contribution using your performance in a way that is reserved for the performing artist by law (§§ 77, 78 UrhG).

6.4

You also grant Big Ego the right to use your name, images and/or film and/or sound recordings of yourself in addition to your contribution for the promotion and/or exploitation of your contribution within the scope of the above usage rights with or without reference to your contribution to use (including e.g. merchandising, advertising). This must not harm your personal or artistic reputation. This right is limited to German-speaking countries (Germany, Austria, Switzerland) and for a period of two years after the initial publication of your contribution.

6.5

You remain entitled to use your own contribution for your own purposes within the agreed framework. You are also entitled to have your influencer name mentioned in connection with your post. An exception to this only exists if such a mention is unusual in relation to the specific medium.

7. Contract language and severability clause

7.1

The contract language is German. For contract documents (e.g. application, confirmation) or other correspondence, the German language version always applies.

7.2

Should a provision of the concluded contract or these conditions be or become invalid or contain a gap, the legal validity of the remaining provisions remains unaffected. In this case, the parties undertake to make a legally effective provision that comes as close as possible to the economic objective of the invalid clause.

8. Applicable law and place of jurisdiction

8.1

The contract concluded between Big Ego and the partner and the agreements made under it are subject to the law of the Federal Republic of Germany.

8.2

The exclusive place of jurisdiction for disputes arising from the contractual relationship is Big Ego's headquarters in Potsdam.

9. Miscellaneous

9.1

Big Ego points out that the accessibility of the website and the application form may occasionally be impaired due to maintenance work or technical disruptions.