General Terms and Conditions for Affiliate Program

Welcome to our TikTok Creator Campaign! 

Thank you very much for your interest in working with us. Please read the following conditions carefully before participating.

General Eligibility Conditions:
•    Participation is open to creators who are resident in the EU and who hold a valid TikTok account in their own name which entitles them to participate in the TikTok Shop Affiliate Program.
•    Minimum age: 18 years.
•    A valid business registration certificate / trade license (if  legally and fiscally required) must be held and produced upon request 
•    Employees of Synformulas as well as of affiliated entities are excluded from participation
•    Commission payments are made exclusively through the TikTok Shop in accordance with the applicable terms and conditions of TikTok.
•    Self-orders (this means orders placed by the creator or at their instruction) are not eligible for commission.

Video Requirements:
•    The promoted product must be visible in the video and correctly presented.
•    Please don’t make false statements or exaggerated claims about the product.
•    All content must comply with TikTok Community Guidelines and applicable law and must, in particular, be labelled as advertising.

Our Offer:
•    Free product samples for promotion.
•    Attractive commission via the TikTok Shop.
•    Additional bonus program with attractive incentives

Information and Inspiration:
Join our Whatsapp channel to access campaign updates, exclusive promotions, and valuable content creation tips, that help you to fully develop your potential as a Creator.
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Note on free product samples:
Free samples provided as part of this cooperation may constitute a taxable benefit under applicable law. We reserve the right to request the return or destruction of samples if you don’t publish a video in the context of the cooperation or if there is a breach of the terms and conditions of participation. In cases of abuse(e.g. requesting a sample without intent to participate), we reserve the right to claim the value of the product.

Usage Rights:
When publishing a video that features, mention, links to, or otherwise references our products or brand, you grant us (in addition to the license already granted under the TikTok Terms of Service for your Creator content) an unlimited, worldwide, and perpetual right to use such content for our own advertising purposes. This includes the right to publish, distribute and edit (e.g. translate and/or dub) such content on other channels (such as other social media platforms and our own websites). Any such editing shall always respect your moral rights as an author. You have the right to be named as the creator of the video and may notify us in writing at the time of publication if you wish to be named (and under which name). We will honor your request in compliance with applicable legal requirements and industry standards  unless technical or legal reasons prevent this. In case you don’t expressly request to be named, you hereby waive, to the extent legally permitted, your right to be named as author in relation to our use of such published videos for our online and social media advertising. In all other cases, we will determine at our reasonable discretion whether and in what form a naming of author shall be made. The remuneration agreed upon as part of the cooperation fully compensates for all usage rights to the respective video.

Data Processing and Confidentiality:
If you participate in this cooperation, we will process personal data (for example your TikTok username and, where applicable, shipping data) for the administration of the cooperation. In order to ship free samples, we also collect your real name and address, which may be transmitted to all service providers involved in the shipping process (for example Shopify, logistics and payment processing partners). This is needed in order to fulfill the shipment. Further information on how we and the service providers involved process your data is contained in our notice on data protection notices. By participating in the program, you acknowledge that you have have taken note of these.
Furthermore, we reserve the right to use the publicly accessible data of your TikTok profile (for example handle, number of followers, engagement) as well as performance data arising in the course of this cooperation (for example generated turnover, articles sold, affiliate orders, conversion rates) for internal monitoring and improvement of our Creator Program. You may object to the use of your data at any time; a simple email to tiktok@kijimea.pl is sufficient.
If you join our Whatsapp channel in order to participate in our Bonus Program, we use your telephone number to inform you via this channel about exciting topics and promotions. You can leave the channel yourself at any time.
The Parties undertake to maintain the strictest confidentiality about all matters that they become aware of in the context of this cooperation. This applies beyond the term of the cooperation. However, we may share information received with our affiliated companies and/or service providers and advisers, provided that they are in turn contractually or professionally obliged to maintain confidentiality.

Legal Notice / Disclaimer:
By participating in the cooperation (by requesting a sample in our cooperation request via the TikTok Shop or by posting our product link on TikTok) you acknowledge the above terms and conditions of participation as binding. The cooperation is governed exclusively by the law of the Federal Republic of Germany.
We reserve the right, in the event of a breach of the conditions – in particular in the case of misleading content, the use of unauthorised technologies or manipulation of the product presentation – to reclaim commissions already paid. You will indemnify us against all claims of third parties that are brought forth against us in connection with your videos, insofar as these are based on a breach of applicable laws, of the TikTok guidelines, the Campaign briefing, if received, or of these terms of participation. We also reserve the right to exclude you from future cooperations in case of of repeated or serious breaches.
These conditions apply in addition to the general terms of use and guidelines of TikTok as well as applicable laws and are governed exclusively by the laws of the Federal Republic of Germany. Place of Jurisdiction is Munich. In case of conflict between these conditions and the TikTok conditions, these conditions shall prevail. The application of your general terms of business is excluded.