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Effective 07/01/2026
Please read the Bioelements Esthetics Pro Collective terms and conditions very carefully before accepting to join the Collective.
By accepting these terms (as further defined herein), you expressly agree to be bound by, and strictly adhere to, all terms and conditions of this program and understand that acceptance into the program is not guaranteed. If accepted, I agree to review and sign a separate program agreement prior to onboarding.
ELIGIBILITY:
To join Bioelements Esthetics Pro Collective, you must meet the following eligibility criteria:
REQUIREMENTS:
You will create three short-form educational videos a quarter (1 a month), submitted by assigned due dates.
You must attend required training, classes, and onboarding sessions.
Actively communicate with Bioelements throughout the program.
You understand that Bioelements will own the rights to use the images or videos in their marketing collateral.
You will post one video on your social media account no less than once a quarter.
You must comply with FTC disclosure guidelines, including use of required hashtags — #lovebioelements, #procollective — and by using "Gifted by Bioelements" (other hashtags pertaining to content are permitted and will be listed in Creative Brief).
You must adhere to clinical claims and compliance language as instructed by Bioelements Marketing team and displayed in Creative Brief and Brand Playbook.
Bioelements reserves the unconditional right to accept or deny any person who applies to join the Bioelements Esthetics Pro Collective.
RESTRICTIONS:
Esthetics Pro Collective Member agrees and understands that if any Content posted by or associated with Esthetics Pro Collective Member is deemed offensive, inappropriate, or used incorrectly, that Esthetics Pro Collective Member will be deemed, at the sole discretion of Bioelements, ineligible to participate in the Program immediately. Esthetics Pro Collective Member will then be disqualified from receiving any program perks such as recognition, or communication from Bioelements.
Esthetics Pro Collective Member will be terminated in the event it takes any of the following actions, each a material breach of the Terms: Makes any statements or warranties on behalf of Bioelements, other than the ones contained in Bioelements's education training, marketing, and promotional materials; Fails to comply with any of the Terms; Violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights; Contains material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous; Contains material that is unlawful, in violation of or contrary to the laws or regulations of the United States or of any jurisdiction where Content is created; Contains information known by Esthetics Pro Collective Member to be false, inaccurate or misleading; Contains content that is, or may reasonably be considered to be, hate speech, or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; Contains material or content for which Esthetics Pro Collective Member has been compensated or granted any consideration by any third party; Disparages Bioelements brand or any other person or party; and/or Contains material not consistent with the image and values of Bioelements.
INTELLECTUAL PROPERTY RIGHTS:
Esthetics Pro Collective Member agrees to grant Bioelements a worldwide, irrevocable, fully paid-up, and royalty-free right and license to use, promote, reproduce, reshare, repost, adapt, publish, translate, distribute, transmit, share, and display the Content, including Esthetics Pro Collective Member's name, nickname, social media handle, blog name, photo, image, and/or other likeness in connection with such Content (collectively, "Esthetics Pro Collective Member's Likeness"), on Bioelements's marketing channels, including @bioelements and @bioelementspro on social media, authorized retailers' social media channels, web and e-commerce, and in PR materials (e.g., media pitches, case studies, and other PR initiatives), in perpetuity.
REPRESENTATIONS AND WARRANTIES:
(a) Esthetics Pro Collective Member represents and warrants to Bioelements that: (i) Esthetics Pro Collective Member has the full right, power and authority to enter into these Terms, grant the rights granted herein, and fully perform its obligations hereunder without violating the rights of any third party; (ii) the Content is wholly original with Esthetics Pro Collective Member, and that the use of the Content in accordance with these Terms will not infringe any patents, copyrights, trademarks, trade secrets or other intellectual property rights or violate the right of privacy, publicity or other rights of any third party; (iii) the Content, and Esthetics Pro Collective Member's performance of the Requirements and all of its other obligations under these Terms will comply with Bioelements clinical claims and compliance language; (iv) Esthetics Pro Collective Member will comply with any Internet or social media platforms' terms of use and policies when posting Content on such third party platforms; (v) Esthetics Pro Collective Member will not commit and has not committed any act which brings Bioelements into public disrepute, contempt, scandal, or ridicule, or which insults or offends the general community to which Bioelements's advertising and publicity materials are directed, or which might tend to injure the success of Bioelements or any of Bioelements products or services including, without limitation, disparaging Bioelements, its products or services, or its competitors; and (vi) Esthetics Pro Collective Member will comply with all applicable federal, state and local laws, regulations, administrative guidelines, orders and ordinances, including without limitation, the FTC Endorsement and Testimonial Guidelines ("FTC Endorsement Guides"). The form and placement of any FTC-required disclosures shall be agreed to by the Esthetics Pro Collective Member and Bioelements but, at a minimum, will appear clearly and conspicuously and in close proximity to any statements that Esthetics Pro Collective Member makes about Bioelements. In no event will Bioelements's approval of any Content or activities relieve Esthetics Pro Collective Member of its responsibilities under this section.
(b) Bioelements represents, warrants and covenants that: (i) it has the full right, power and authority to enter into and perform its obligations under these Terms, and that these Terms does not contravene and is not otherwise limited by any other agreement to which she/it is or shall be a party; (ii) it shall keep all non-public information relating to the other party or its affiliates, or their respective businesses or products, or disclosed in the course of performance of these Terms, whether in oral, written, graphic or electronic form, strictly confidential and only use such information for the purposes of performing her/its responsibilities in accordance with these Terms; (iii) any brief, guidelines or messaging provided by Bioelements when used in an authorized manner shall at all times comply with all applicable federal, national, state, local and other laws, rules, regulations and guidelines, including without limitation all FTC regulations and guidelines (including, without limitation the FTC's Revised Endorsement Guidelines); and (iv) The products or services promoted in connection with the Campaign will be of high standard in style, appearance and quality, will be safe for use by consumers, and the manufacture, advertisement, distribution, and sale thereof will comply with all applicable governmental rules, laws, guidelines, safety codes and regulations and will not infringe upon or violate any rights of any third party.
CONFIDENTIAL INFORMATION:
Bioelements may disclose confidential or proprietary information and trade secrets to you from time to time (collectively, "Confidential Information"). You agree to hold all Confidential Information in the strictest confidence and not to disclose the Confidential Information to any third party. You agree that Bioelements is (and will remain) the sole and exclusive owner of all rights, title and interest in and to Confidential Information, and all Bioelements Intellectual Property. You further agree that you will not and will cause any employees and other agents not to use Bioelements's Confidential Information for the benefit of anyone other than Bioelements. You agree not to use Bioelements's Confidential Information for any purpose except in the performance of your obligations under these Terms. You acknowledge and agree that the disclosure of the Confidential Information to third parties or the unauthorized use of the Confidential Information or Bioelements's Intellectual Property would cause substantial and irreparable harm and injury to Bioelements's ongoing business for which there would be no adequate remedy at law. Accordingly, in the event of any breach or attempted or threatened breach of any of the terms of this Section, Bioelements shall be entitled to receive injunctive and other equitable relief, without limiting the applicability of any other remedies.
TERM AND TERMINATION
(a) Term. The initial term of these Terms shall commence upon Bioelements's acceptance of you as Esthetics Pro Collective Member and will end when terminated by either Party in writing. The terms may be terminated by Bioelements immediately at any time, with or without cause, upon Bioelements's written notice to Esthetics Pro Collective Member; and by Esthetics Pro Collective Member upon thirty (30) days written notice by Esthetics Pro Collective Member to Bioelements and continue in full force and effect until terminated as set forth herein or until satisfactory completion of all Services specified herein, whichever is sooner.
(b) Termination. (i) Either party may terminate these Terms upon written notice to the other party solely in the case of any uncured material breach by such other party, that remains uncured ten (10) days after written notice from the other party specifying such breach in reasonable detail. A material breach includes failing to produce acceptable Content based on the Creative Briefs given, failing to execute on the agreed upon concepts approved by Bioelements and failing to make disclosures in the manner set forth in the FTC Endorsement Guides or Exhibit B; provided, however, Esthetics Pro Collective Member shall have ten (10) days to cure such material breach upon written notice thereof. In addition, if Esthetics Pro Collective Member commits or has committed any act which brings Bioelements into public disrepute, contempt, scandal, or ridicule, or which insults or offends the general community to which Bioelements's advertising materials are directed, or which might tend to injure the success of Bioelements or the Campaign, then at the time of any such act or at any time after Bioelements learns of any such act, Bioelements shall have the right to immediately terminate these Terms by written notice to Esthetics Pro Collective Member to that effect. (ii) Notwithstanding, Esthetics Pro Collective Member shall have the right to terminate these Terms immediately upon written notice to Bioelements if during the Term or Usage Term, a high level, public-facing C-suite executive of Bioelements, which Esthetics Pro Collective Member determines, in good faith and in its reasonable judgment, becomes the subject of public controversy, scandal, or disrepute, or otherwise takes or is the subject of any action which shocks, insults, or offends the community of Esthetics Pro Collective Member including, without limitation, Esthetics Pro Collective Member's audience, followers, or subscribers. If, as a result of acts beyond the parties' reasonable control, such as strikes, boycotts, war, acts of God, riots, terrorism, delays of commercial carriers, restraints of public authority, including COVID-19 (each and collectively a "Force Majeure Event"), either party is unable to render or complete Services or perform under these Terms, parties will use reasonable efforts to reschedule to the Postponement Date. If parties are still unable to perform during the Postponement Date due to Force Majeure Events, parties will use reasonable efforts to reschedule, subject to each party's professional commitments. If there is a Force Majeure Event and parties are unable to reschedule after the Postponement Date, neither party will be liable for its failure to render Services or perform its obligations hereunder. Bioelements Esthetics Pro Collective Member represents and warrants that he is not aware of any Force Majeure Event that will affect its ability to timely and completely provide the Content and Services and otherwise perform under these Terms.
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