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TERMS AND CONDITIONS OF ADVERTISING COLLABORATION AND ASSIGNMENT OF RIGHTS

Thank you for collaborating with GERMAINE DE CAPUCCINI!

These collaboration terms (hereinafter, the “Terms”) govern the conditions under which we establish our collaboration, as well as the assignment of rights to your image and intellectual property (as defined in clause 4), so that we may use them to support the communication and positive projection of the image of GERMAINE DE CAPUCCINI products (hereinafter, the “Products”). For the purposes of these Terms, the words “we,” “our,” or “us” (and their variants) refer to the contracting party identified in clause 7.1 (Parties).

Please read these Terms carefully and feel free to contact us if you have any questions.

1. Receipt of the Product

Once, at your request, we expressly agree with you on the shipment of one or more Products, we will send them free of charge and without any direct financial consideration to the address you provide. Such shipment is made in view of your public profile on your social media platforms (hereinafter, the “Social Media”), which is considered aligned with the brand’s values and image.

Acceptance of the shipment and effective receipt of the Products will entail your obligation to create content related to them and submit it to the brand for review and subsequent publication on the brand’s official channels. Such content may include, among other formats, reviews, photographs, videos, mentions, or any other type of agreed publication.

The brand reserves the right to edit, adapt, or refrain from publishing the content received, always respecting its essence and the Creator’s image.

Likewise, you shall have the right to publish the content on your own Social Media. 

Any publication made within the framework of this collaboration shall be fully governed by these Terms and Conditions.

 

2. Content

Within the framework of the previously agreed collaboration, you undertake to create and deliver original and exclusive content related to the Products sent, including usage tips and opinions (hereinafter, the “Content”).

In this regard, you undertake that the Content will comply with the following requirements:

It will be your original and exclusive creation and will not infringe third-party rights. If its development requires authorization or a license from third parties (for example, if third parties or protected elements appear), you undertake to obtain all necessary consents and authorizations.

It will not include offensive, defamatory, discriminatory, distasteful content or content that infringes fundamental rights.

It will be suitable for all audiences and comply with applicable law, morality, and public order.

It will not contain offensive, sexually explicit, vulgar, inappropriate, or distasteful language or images.

It will not display full or partial nudity or erotic content.

It will be aligned with the values and image we promote.

It will not include brands, products, links, or references to third parties unrelated to us.

3. Obligations

By accepting these Terms, you undertake to:

Comply with the terms of use of the Social Media platforms where you publish the Content, as well as with applicable regulations on advertising, unfair competition, intellectual and industrial property, the right to honor, privacy and image, consumer protection, electronic commercial communications, and any other applicable legislation.

Refrain from performing acts or making statements that may harm our good name, reputation, or the proper commercial exploitation of the Products.

Indemnify and hold us harmless against any claim, judicial, extrajudicial, or administrative action arising from a breach of these Terms or from the published Content.

Clearly identify your relationship with us in your posts, using at least the hashtag #ad, #publi or #advertisement, or the specific paid collaboration tools available on platforms such as Instagram.

Tag and mention us in the Content, including the hashtags indicated to you in each case.

Authorize us to disseminate the Content through our official channels, including our social media accounts, websites, and newsletters, as well as those of third parties linked to us such as distributors or affiliates, excluding use in paid media campaigns (paid advertising).

4. Assignment of Intellectual Property Rights and Authorization of Image Rights

By accepting these Terms, you grant us an express, exclusive, worldwide assignment, for the entire legal term of protection, of all intellectual property rights that may arise from the Content, including, without limitation, copyrights, related rights, and industrial property rights, with the power to assign or license such rights to third parties, in whole or in part, with or without consideration, for exploitation in any modality, medium, or format, worldwide, including for the purpose of promoting the Products. This assignment expressly includes the rights of reproduction, distribution, public communication, making available to the public, and transformation (the “Intellectual Property Rights”).

The assignment of the Intellectual Property Rights shall remain in force even after termination of these Terms pursuant to clause 5.

Likewise, you expressly authorize the use of your image rights, including, by way of example, rights relating to your voice, name, and any other personal data included in the Content (including Content created prior to acceptance of these Terms, if any), for capture, reproduction, distribution, public communication, and making available by us on social media and other channels (the “Image Rights”).

You acknowledge and agree that, even after unsubscribing pursuant to clause 5, some Content may remain stored indefinitely in virtual repositories, social media platforms, and websites, without constituting active commercial exploitation. Such residual use shall be lawful and shall not entitle you to any compensation.

5. Termination of the Collaboration

If you wish to terminate the collaboration, you must expressly notify us through the website creators@germainedecapuccini.com or by any other means indicated to you. The revocation will only apply to future publications and will not affect Content already created and disseminated.

We undertake to assume responsibility for Content disseminated on channels under our control, but we shall not assume any responsibility for Content published by third parties after termination of these Terms (for example, blogs, online magazines, or other external media).

6. Representations and Warranties

By accepting these Terms, you represent and warrant that:

There is no conflict of interest preventing your collaboration under these Terms. If such conflict arises during the collaboration, you undertake to inform us immediately.

You are the holder of the assigned rights or have the necessary authorizations for their assignment, and you guarantee our peaceful use of such rights.

7. General Provisions

7.1 Parties

These Terms are entered into between you and GERMAINE DE CAPUCCINI, S.A.U., a company belonging to GDC BEAUTY GROUP and engaged in the manufacture and marketing of cosmetic products for the professional beauty sector. As GERMAINE DE CAPUCCINI, S.A.U. forms part of a global network, the rights and licenses granted under these Terms shall also benefit its affiliates, subsidiaries, distributors, and collaborators worldwide.

7.2 Governing Law and Jurisdiction

The law applicable to this contract shall be UK law. For any disputes that may arise in connection with this contract, the parties expressly submit to the courts and tribunals of the registered office of GERMAINE DE CAPUCCINI, waiving their own jurisdiction.

GERMAINE DE CAPUCCINI will pursue any breach of these Terms, as well as any improper use of its Website, by exercising all legal actions to which it may be entitled under the law.

Last updated: March, 2026