Last Updated: August 30, 2023
1. General 2. Endorsement Disclosure Requirements 3. Communication Standards 4. Brand Standards 5. Restricted Activities 6. Intellectual Property 7. Enforcement and Termination Addendum 1
All influencers, bloggers, talent, celebrities, agencies, and other individuals and entities (“You”) that disseminate promotional, marketing, and/or advertising material about any products or services of Curology, Inc. and/or its related entities and affiliates (“Curology”) or the entities themselves through any and all media hereby agree to respect and adhere to Curology’s values and guidelines, including the terms and conditions set forth below, (“Guidelines”):
1.1 These Guidelines shall apply to You during any period of time You are promoting Curology’s products or services and in perpetuity thereafter.
1.2 You agree to strictly observe these Guidelines, as revised from time to time, which will govern all of the advertising, messaging, promotions, integrations, and activities relating to promotional campaigns or public commentary, including, without limitation, any messaging, videos, photographs, posts, replies, or other materials created, contributed, commented upon, modified, or published by You (collectively, “Communications”).
1.3 You agree that these Guidelines shall constitute an addendum to any agreement entered into by You and Curology, if any.
1.4 You agree to comply with all applicable laws, rules, and regulations governing Your Communications, including, without limitation, the Federal Trade Commission’s (“FTC”) Guides Concerning the Use of Endorsements and Testimonials in Advertising, The FTC’s Endorsement Guides: What The People Are Asking, and related FAQs. You are solely responsible for complying with FTC and other legal requirements in Communications made by You. If You fail to disclose Your connection to Curology, we may discontinue our relationship with You.
1.5 You are legally responsible for Your Communications and the opinions, comments, or content expressed in Your Communications. You can be held personally liable for, among other things, any Communication deemed to be defamatory, obscene, proprietary to and/or owned by others, false or misleading or libelous to any person or entity. You agree to indemnify Curology for all personal Communications not pre-approved by Curology.
1.6 You acknowledge and agree that these Guidelines do not create any partnership, joint venture, employment, or other agency relationship between us and You. You may not enter into any contract on our behalf or bind us in any way.
2.1 Curology requires transparency and honesty in all of Your Communications in any and all media.
2.2 When You receive benefits from Curology, including, but not limited to, monetary compensation, gift cards, discounts, promotional items, swag, free products or services, travel and meal expenses, special invites to events, incentives, entry into sweepstakes or contests, prizes, employment and/or business relationship, You must disclose that Your content was sponsored in all Communications about Curology’s products and services in any and all media (see Section 2.3). You should clearly disclose the sponsorship and/or relationship in all Communications, including Communications in which You are re-posting, retweeting, or sharing someone else’s content, even if it is disclosed in Your profile, in a social media platform feature, or in prior Communications (see Section 2.3).
2.3 Your endorsement disclosures must appear clearly and conspicuously, and comply with FTC Guidelines, see further guidance at: The FTC’s Endorsement Guides: What The People Are Asking and Disclosures 101 for Social Media Influencers: How to Disclose. If You have questions about Your obligations or compliance, let us know at legal@curology.com.
a Some examples of disclosures that may be acceptable include the following:
#ad
#sponsored
#paidpartnership
#advertisement
#Curologyambassador (if applicable)
#Curologypartner (if applicable)
b Some examples of disclosures that are not acceptable include the following:
#partner
#spon / #sp
#collab
#thanks / #thankyouCurology
#ambassador
2.4 Agencies working with influencers, bloggers, talent, celebrities, and other individuals and entities (“Talent”) on Curology’s behalf have a duty to ensure that these Guidelines are communicated to Talent. Agencies have a duty to monitor Talent’s Communications to ensure that these Guidelines are being followed and agree to indemnify Curology for all legal and regulatory violations by Talent. If an agency learns that Talent has violated these Guidelines in any way, the agency shall immediately inform Curology.
3.1 You agree that Your Communications about Curology shall be truthful and reflect Your personal experience and honest opinion. You will not make deceptive or misleading claims about Curology’s products or services in any Communications.
3.2 You agree to follow the standards below in all Communications made, publicly or privately, in all media:
a You will not make deceptive or misleading claims about the products or services of a Curology competitor in any Communications.
b You agree not to make any false or unverified disparaging statements about any individual or entity in any Communications.
c You agree to add disclaimers (such as “Results may vary.”) when discussing the efficacy or results of Curology products and services and Your results are exceptional or outside of what typical Curology consumers would expect to see.
d You agree not to infringe any third party trademarks, logos, copyright material, or other intellectual property and not to post or disseminate third party intellectual property without the express written consent of such third party.
e You agree not to create a false affiliation between Curology and third parties. You agree to add disclaimers (such as “This part of the video is sponsored by Curology.” or “All products mentioned in this video may not be recommended by Curology.”) to Communications that include nominative fair use of other third parties and/or products.
f You agree not to disclose any confidential information of Curology, including non-public plans or trade secrets.
g You agree not to make or engage in any Communications at any time (see Section 1.1) that (i) are defamatory, offensive, intimidating, or harassing, (ii) infringe upon the privacy or publicity rights of others, or (iii) may be offensive or promote racism, bigotry, hatred, or physical harm of any kind against any group or individual, subject to Curology’s sole determination.
4.1 You acknowledge that Curology, Inc. is the owner and licensor of the CUROLOGY trademark and trade name and all other Curology trademarks, service marks, trade names, logos, designs, graphics, icons, and service marks (see examples in Addendum 1)(“Curology Marks”), including all goodwill associated therewith, and that Your use of the Curology Marks will confer no interest in or ownership of the Curology Marks in You and it inures to the benefit of Curology. You are not authorized to use any such Marks without the express written permission of Curology. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.
4.2 You agree not to take any action that would jeopardize or impair Curology’s rights as owner and/or licensor of the Curology Marks or the legality and/or enforceability of the Curology Marks, including, challenging or opposing Curology’s ownership in the Curology Marks.
4.3 You agree not to use Curology’s logos in any statement, content, or communication, including Communications, without prior written approval. You may display Curology products subject to this Agreement, including Section 6.4 below.
4.4 You agree not to incorporate Curology’s creative assets into Your headlines, images, photography, audio-visuals, or written copy without express prior written approval of Curology.
4.5 You agree not to register, renew, or use any trademark, social media handle, name, avatar, profile photo, icon, favicon, or banner, and/or domain name that includes any of the Curology Marks, including, but not limited to, CUROLOGY, any derivative of the Curology Marks, or any mark that is similar to any of the Curology Marks, as determined by Curology’s sole discretion.
4.6 You agree to immediately cease any use of the Curology Marks, derivatives, or other marks that Curology determines to be nonconforming or otherwise unacceptable.
5.1 You represent and warrant that You have never engaged in the following and You agree never to:
a impersonate any person or entity on curology.com or on any social media platform or other medium;
b stalk, threaten, intimidate, bully, or otherwise harass any person on any social media platform or other medium;
c violate any law, statute, contract, guideline, or regulation;
d post or share Communications that are fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
e post or share Communications that infringe any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
f use the Curology Marks on or in connection with any product, service, or activity that is in violation of any law, statute, government regulation or standard;
g sell, resell, license, or sublicense any Curology goods or services and acknowledge that if You violate this prohibition, Curology reserves the right to take any action against You, including, but not limited to, restricting sales to You, cancelling Your orders, and/or suspending or closing Your account;
h post or share Communications that discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;
i violate any of the Brand Ambassador guidelines and/or Influencer guidelines if You participate in the Brand Ambassador program and/or Influencer program, respectively;
j commit any morally repugnant act which may bring You or Curology, in Curology’s sole discretion, into public disrepute, contempt, scandal or ridicule, or which may insult or offend the public or any group or individual;
k make, post, or share damaging public statements regarding Curology, Curology’s products or services, or Your association with Curology in a manner that may discredit Curology, promote products of a competitor, or injure the success of the campaign or any of Curology’s products or services; and/or
l solicit or cause any third party to engage in the restricted activities above.
6.1 You acknowledge and agree that all of Curology’s intellectual property rights are owned by Curology absolutely and in their entirety in perpetuity. These rights include database rights, copyright, design rights, trademarks, trade secrets, patents, and other similar rights wherever existing in the world together with the right to apply for protection of the same. All trademarks, logos, service marks, trade names, or product names set forth on curology.com, on Curology’s social media pages, and/or advertisements in any and all media about Curology are the property of Curology.
6.2 You acknowledge and agree that any questions, comments, suggestions, ideas, or feedback (“Submissions”) provided by You to Curology are non-confidential and shall become the sole property of Curology. Curology shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
6.3 You agree that if You create any materials (physical or digital) or derivative works bearing the Curology Marks (in violation of this Agreement or otherwise) without written authorization, Curology exclusively owns all right, title, and interest, including any goodwill, in and to such materials upon their creation. You further agree and hereby assign any interest or right You may have in such materials to Curology, and to provide information and execute any documents as reasonably requested by Curology to enable Curology to formalize such assignment.
6.4 Subject to the terms and conditions of this Agreement, Curology grants to You, a limited, revocable, non-exclusive license to display and use the Curology Marks on authentic Curology products depicted in Communications You create to share Your experience with Curology’s products and services ("License"). The License is non-transferable and non-assignable, and You shall not grant to any third party any right, permission, license, or sublicense with respect to any of the rights granted by Curology without Curology’s prior written permission, which it may withhold in its sole discretion.
7.1 You acknowledge and agree that violation of any provision of in these Guidelines may result in immediate termination of Your relationship with Curology, including, but not limited to, Curology restricting sales to You, cancelling Your orders, suspending or closing Your account, terminating agreements and/or affiliations with You, and/or requiring deletion of any and all of Your Communications about Curology in any and all media.
7.2 You acknowledge that Curology is obligated to police its intellectual property and enforce against infringers, which may include sending cease and desist letters, filing takedown reports with social media and other platforms, filing a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent), filing a Trademark Trial and Appeals Board Complaint, and/or filing litigation in state or federal court.
Curology is both a trade name and trademark. The CUROLOGY trademark and other Curology Marks should be used in an approved form, when possible.
Use capitalization (CUROLOGY), bold face (Curology), or stylization to clearly reflect the trademark significance of the Curology Marks. Changes, variations, or alterations in the presentation of trademarks are not allowed without prior approval.
Do not concatenate the Curology Marks with other terms (by a hyphen, for instance) and do not use the Curology Marks with unapproved logos, graphics, photos, slogans, numbers, design features, or symbols. Trademarks should never be “made plural,” be mixed with other trademarks, be used in a “possessive” form, or be treated as verbs, and the spelling of a mark should never be altered.
Use as adjectives followed by generic terminology in Communications where You are referring to Curology’s products or services, rather than the company. A good test for proper usage is to delete the Curology Mark from the sentence and see if the sentence still makes sense.
a Examples of acceptable use include:
CUROLOGY provider
Use CUROLOGY products to find your glow.
b Examples of incorrect use include:
Use Curology to find your glow.
Indicate Curology’s ownership of the Curology Marks when possible. Registered trademarks should be used in the U.S. with the registration symbol “®” (refer to list below). Use of the “®” should appear with the first usage of the trademark in a document; subsequent occurrences do not require the symbols.
a Registered trademarks should be used in the U.S. with the registration symbol “®” (refer to list below). Use of the “®” should appear with the first usage of the trademark in a document; subsequent occurrences do not require the symbols.
b A footnote reference (“attribution”) to ownership of the trademarks should be used on products, documentation, and advertisements, when possible. Examples of acceptable attribution include:
CUROLOGY is a trademark of Curology, Inc. registered in the United States and other countries.
The below list includes examples of trademarks owned by Curology, Inc. This list is not exhaustive and trademarks may be updated from time to time.
AGENCY
CLOUD CARE
CUROLOGYⓇ
FUTURE FORMULA
WITH AGE COMES AGENCY