BEIERSDORF TERMS AND CONDITIONS FOR PARTICIPATION IN THE AFFILIATE PROGRAM

By participating in the Affiliate Program, you (“You”, “Creator”, or “Social Seller”) agree to these BEIERSDORF INC Terms and Conditions (“Terms”) governing your participation in the Affiliate Program on TikTok and TikTok Shop platform in the United States.

Please note these Terms are separate from TikTok’s Terms of Service and TikTok Shop’s Creator Terms of Use. TikTok Shop’s Creator Terms of Use govern your relationship with TikTok, while these Terms,  govern your relationship with Beiersdorf, Inc.

We reserve the right to review your social media content and public profile to ensure alignment with our values as outlined in our Terms of Use linked here.

In the event of a conflict between these Terms and TikTok Shop’s Creator Terms of Use, these Terms shall take precedence.

You represent and warrant that you are at least 18 years old and a resident of the United States. Your use of social media websites in connection with the Program will comply with all applicable laws, regulations, and platform guidelines. You affirm that you will not engage in any deceptive, fraudulent, or misleading practices, and you will not post or share content that infringes on any third-party rights, including but not limited to intellectual property rights, privacy rights, or contractual obligations. You further warrant that any claims or endorsements made about our products or services will be truthful and substantiated, and that you will not create or promote any false impressions about the nature or benefits of our products. IN THE EVENT THAT YOU ARE FOUND TO BE IN VIOLATION OF THESE TERMS, YOU AGREE TO REMOVE ALL CONTENT ASSOCIATED WITH OUR BRAND FROM YOUR SOCIAL MEDIA PROFILES WITHIN 24 HOURS OF NOTIFICATION. You acknowledge that any content you produce or share in connection with the Program will be in line with the ethical standards and community guidelines established by both the Tik Tok Terms and the Terms described herein.

By participating in the Program, the Creator acknowledges the TikTok Creator Affiliate program is intended for use only by persons located in the United States and in compliance with state and federal laws. You may not use or try to access this program from outside the United States. The materials on Coppertone, Nivea, Aquaphor, Eucerin websites, or any other Beiersdorf Inc brand website (hereinafter referred to as “Brand Websites”) may not be appropriate for any location outside of the United States and the products, services, and information on this site apply only to the United States. Statements on sites intended for locations outside of the United States do not apply to products sold in the United States and should not be relied upon by any purchaser in the United States.

In case of a violation of these Terms, in addition to any other rights or remedies available to Beiersdorf, we reserve the right to direct TikTok to permanently (to the extent permitted by applicable law) cease payment of (and Creator agrees Creator will not be eligible to receive) any commission income attributable to this Program otherwise payable to Creator under these Terms and the TikTok Shop’s Creator Terms of Use, whether or not directly related to such violation without notice and without prejudice to any right of Beiersdorf to recover damages over this amount. 

We may terminate Your participation in the Program at any time for any reason. Including but not limited to any of the following:

• You are in material breach, including but not limited to, any deceptive, fraudulent, or illegal activity of these Beiersdorf Inc Terms;
• We believe that based on Creator’s content and participation in the Program we may face potential claims or liability and/or Creator’s content may put our brand(s) or reputation at risk; and/or
• We have terminated our engagement in the Program

NEITHER BEIERSDORF INC NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE TIKTOK SHOP PROGRAM, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY LAW, CUSTOM, COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. BEIERSDORF AND ITS AFFILIATES ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THIS WEBSITE, ANY LINKED SITE OR OTHER WEBSITE ACCESSED THROUGH IT. WITHOUT LIMITING THE FOREGOING, THIS WEBSITE IS MADE AVAILABLE “AS IS,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BEIERSDORF DOES NOT WARRANT THAT THIS WEBSITE OR ANY LINKED SITES OR OTHER WEBSITES ACCESSED THROUGH IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FEATURES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS THEREFORE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEIERSDORF WILL HAVE NO LIABILITY FOR ANY MATTER DIRECTLY OR INDIRECTLY RELATING TO THE CREATION, MAINTENANCE, OR OPERATION OF YOUR TIKTOK CHANNELS(S) (INCLUDING YOUR USE OF ANY TIKTOK SERVICE OFFERING) OR YOUR VIOLATION OF THESE BEIERSDORF TERMS, AND YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR RESPECTIVE AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES, HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) RELATING TO (A) YOUR TIKTOK CHANNELS(S) OR ANY MATERIALS THAT APPEAR ON YOUR TIKTOK CHANNELS(S), INCLUDING THE COMBINATION OF YOUR TIKTOK CHANNELS(S) OR THOSE MATERIALS WITH OTHER APPLICATIONS, CONTENT, OR PROCESSES, (B) THE USE, DEVELOPMENT, DESIGN, MANUFACTURE, PRODUCTION, ADVERTISING, PROMOTION, OR MARKETING OF YOUR TIKTOK CHANNELS OR ANY MATERIALS THAT APPEAR ON OR WITHIN YOUR TIKTOK CHANNELS, (C) YOUR USE OF ANY TIKTOK SERVICE OFFERING OR YOUR PARTICIPATION IN THE PROGRAM, WHETHER OR NOT SUCH USE IS AUTHORIZED BY OR VIOLATES THESE BEIERSDORF OR APPLICABLE LAW, (D) YOUR VIOLATION OF ANY TERM OR CONDITION OF THESE BEIERSDORF TERMS, (E) YOUR TAXES AND DUTIES OR THE COLLECTION, PAYMENT, OR FAILURE TO COLLECT OR PAY YOUR TAXES OR DUTIES, OR THE FAILURE TO MEET TAX REGISTRATION OBLIGATIONS OR DUTIES, OR (F) YOUR OR YOUR EMPLOYEES’ OR CONTRACTORS’ NEGLIGENCE OR WILLFUL MISCONDUCT.  

Nothing in these Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Beiersdorf, AquaphorUS or our respective affiliates, nor shall Creator represent to any third party that any of the foregoing relationships exists. You will have no authority to make or accept any offers or representations on our or our affiliates’ behalf. 

By visiting this website, you agree that the laws of the State of Connecticut, without regard to principles of conflict of laws, will govern these terms of use and any dispute of any kind that might arise between you and Beiersdorf related to them and your use of this website, including, without limitation, product purchases. Unless prohibited by applicable law, any such dispute shall only be adjudicated in any state or federal court in Fairfield County, Connecticut, and you consent to exclusive jurisdiction and venue in those courts. 

We reserve the right to modify these Terms at any time by posting an updated version. Continued participation after changes constitutes acceptance of the new Terms.

We reserve the right to modify any of the terms and conditions contained in these Terms at any time and in our sole discretion by posting a change notice or revised Terms. The effective date of such change will be the date the notice is provided. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE EFFECTIVE DATE OF SUCH CHANGE WILL CONSTITUTE YOUR ACCEPTANCE OF THE MODIFICATIONS. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM.

For notices and other communications, please refer to the contact details provided in the notice terms of these Terms.

CONTACT US:

Consumer Relations
Beiersdorf Inc.
301 Tresser Blvd., 15th Fl.,
Stamford, CT 06901
Tel: 1-800-227-4703

Email: consumerrelations@bdfusa.com