Jergens #BuyBlack Friday Amplification Agreement
Thank you for engaging with the @JergensUS and @SOL by Jergens® brands on Social Media.
These Terms constitute a binding agreement between you and Kao USA Inc., owner of the ________® brand, and its affiliates and subsidiaries ("Kao," "we," "us"). You accept these Terms if you affirmatively respond to Kao’s request to tag your social media handle (“Your Handle”) in one or more social media posts. If you do not accept these Terms, do not provide your affirmative response.
Representations. You represent and warrant that (i) you are at least 18 years of age and the age of majority in your place of residence; (ii) you have the full right, power and authority to enter into this Agreement and grant the rights granted herein; (iii) you are the sole and exclusive owner of all intellectual property rights and any other rights in and to Your Handle or have the necessary rights and authority to permit Kao to tag Your Handle as set forth herein; (iv) the use of the Your Handle as described herein will not violate the intellectual property rights or any other rights, including the rights of privacy and publicity, of any third party; and (v) this Agreement does not in any way conflict with any existing commitments on Your part.
Ownership. You will retain ownership to Your Handle including the copyright.
License/Waiver. You consent to give Kao a royalty-free, irrevocable, perpetual, transferrable, non-exclusive license to use, reproduce, publish, and display Your Handle on a worldwide basis in one or more of Kao’s social media posts, including for promotional, marketing, advertising, and publicity purposes. You waive and release Kao from any and all claims that you may now or hereafter have in any jurisdiction based on “moral rights” with respect to Kao’s use and exploitation of Your Handle. You also unconditionally and irrevocably consent to any act or omission by Kao and any of its affiliates that would otherwise infringe your moral rights and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given. You hereby waive any rights that you may have to inspect and approve of Kao’s use of Your Handle as permitted herein. Nothing herein will constitute any obligation on the Kao to use any of the above rights.
You agree to defend, indemnify and hold Kao harmless from and against any and all losses, costs, liability, damages, and claims of any nature, including but not limited to attorneys’ fees, arising from, growing out of, or concerning a breach of any warranty or representation made herein. You further agree that you will not hold Kao, or anyone who receives permission from either of us responsible for any liability resulting from the use of the Your Handle in accordance with the terms hereof.