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TESTIMONIAL, NAME AND LIKENESS RELEASE

My Grant to Boxine. For good and valuable consideration, receipt of which is hereby acknowledged, I hereby grant to Boxine, Inc., d/b/a tonies® USA and its parent Boxine GmbH (collectively, “Boxine”), and Boxine’s subsidiaries, affiliates, licensees, designees, successors, agents and assignees (collectively, the “Boxine Parties”), the irrevocable, perpetual, and worldwide right to use, in whole or in part, my image, photograph, video recordings, footage, voice, name, signature, and/or any other likeness of me (my “Likeness”), and my statements, opinions, and/or testimonials “as is”, edited, paraphrased, amplified, shortened and/or put in conversational form, whether made prior to or after the effective date of this release (my “Statements”), along with the Likeness and Statements of any minors for whom I am the parent or legal guardian, in connection with the advertising and promotion of Boxine’s products and services. Such right shall include, without limitation, the right to use my and my child’s Likeness and Statements alone or incorporated in any type of materials including any and all promotional, marketing and/or advertising materials (including any photos, videos or other footage or content that I may provide to Boxine or otherwise make available publicly via my social media or other channels pursuant to this release) whether existing prior to or prepared, developed or created after the effective date of this release (collectively, the “Materials”), in whole or in part, for the purpose of advertising, trade, marketing, publicity, research, and/or any other lawful purpose, in any and all media now known or hereafter developed, including, without limitation, newsletters, flyers, posters, brochures, advertisements, fundraising letters, annual reports, press kits and submissions to journalists, websites, all forms of broadcast television media, print media, and digital and social media channels, communications and applications, in all languages, media, formats, and markets now known or later discovered. Nothing in this release shall obligate Boxine to use my Statements, Likeness and the footage or recordings of me or any materials I provide in any manner at any time.

My Warranty for My Materials. I warrant and represent that (i) any materials or footage I provide as part of the Materials are original and do not violate the rights of any third parties; (ii) the Statements I provide are true and accurately reflect my child’s and my honest opinion of and experience with Boxine and Boxine’s products and will continue to be true and accurate unless I notify Boxine otherwise in writing. I further represent, warrant, and covenant that I am the parent or legal guardian of any minor listed below.

Requirements for My Posts. I warrant and represent will comply with all applicable laws and regulations, including the US Federal Trade Commission’s guidance regarding the Use of Endorsements and Testimonials in Advertising, as well as the Influencer Requirements set forth in Exhibit A, which forms part of this release. I agree that I will follow any instructions provided from Boxine regarding how and when to post Materials (including any required hashtags or links provided by Boxine), and submit all posts for Boxine’s written approval (email being a sufficient form of writing) before dissemination. I acknowledge that if I violate these requirements or instructions, Boxine will have the right to require me to take down the non-conforming Materials, and I will do so immediately.

My Acknowledgements. I acknowledge and agree that I am entitled to no additional payment, royalty or consideration in connection with the use of my Likeness and/or Statements, or the use of any Materials embedding my Likeness and/or Statements, as authorized hereunder, including in connection with any and all Internet use. I hereby waive any right that I may have to inspect and/or approve the finished Materials, my Statements and/or my Likeness including, but not limited to, the copy that may be used in connection therewith, and/or the use to which the Materials may be applied, and nothing herein will constitute any obligation on the part of Boxine to make any use of any of the rights granted herein. I agree further that I will not hold Boxine, the Boxine Parties or anyone who receives permission from Boxine or the Boxine Parties, responsible for any claim or liability resulting from the use of my Likeness, my Statements and/or any Materials embedding my Likeness and/or Statements, in accordance with the terms hereof, including, but not limited to, claims in the nature of defamation, disparagement, slander, false light or invasion of privacy or publicity. I agree I will be solely responsible for any and all tax obligations due to all taxing authorities arising from or in connection with amounts paid to me hereunder.

Other Terms. This release contains the entire understanding between the parties regarding the subject matter hereof and supersedes all prior understandings. No waiver, modification or additions to this release shall be valid unless in writing and signed by the parties hereto. I understand that Boxine is relying on this release at substantial cost and my release is thereby irrevocable. This release shall be governed by the laws of the State of California.

I am over 18 years of age and have the right to make this agreement.


EXHIBIT A

INFLUENCER REQUIREMENTS

Boxine believes in full transparency and in full, fair and effective disclosures of material facts relating to your (the “Influencer”) relationship with Boxine. Accordingly, Boxine requires that Influencer adhere to the Federal Trade Commission’s Guides Concerning Endorsements and Testimonials in Advertising (“FTC’s Guides”) available at https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf, when publishing social media posts or any other content about Boxine or any of Boxine’s products or services, or when otherwise posting about Boxine or Boxine’s products or services.

 

  1. Clear and Prominent Disclosure of Material Connections. Influencer understands that his/her connection with Boxine might materially affect the weight or credibility consumers give to Influencer’s statement. For this reason, Influencer will not post or otherwise speak about or refer to Boxine, directly or indirectly, without disclosing such connection, including the fact that Influencer was afforded any consideration or received any free products or services from Boxine. Such disclosure must appear clearly and conspicuously and in close proximity to any statements Influencer makes about Boxine, Boxine’s products and services, and/or similar public statements regardless of the space limitations of the medium. In particular, Influencer agrees that consumer should not be required to click on, scroll down or mouse over a link in order to view the disclosure and the disclosure should appear before the “click to read more” button. If a video is being created, the disclosure must be included in the video itself and also in the caption below or above the video. The specific form of any such disclosure (which may for example include the hashtags #ad or #sponsored) will comply with the FTC Guides and additional disclosures shall be mutually agreed upon by Influencer and Boxine.

 

  1. Influencer’s Honest and Truthful Opinions. Influencer’s statements must reflect Influencer’s honest and truthful opinions, findings, beliefs, or experiences. When representing that he or she uses Boxine’s products or services, Influencer must be a bona fide user of such products or services at the time the statement is given. Generally, Influencer should only make factual statements about Boxine or Boxine’s products or services which Influencer knows to be true and which can be verified. Moreover, Influencer’s statements must not convey any express or implied representation that would be deceptive if made directly by Boxine.

 

  1. No Inappropriate Language or Content. Influencer agrees that all social media postings and comments shall always be in good taste and free of inappropriate language and/or content. In particular, Influencer understands that content may be rejected by Boxine if it:
  1. Contains material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous or that otherwise promotes bigotry, racism or discrimination against an individual based on race, gender, religion, nationality, disability, sexual orientation or age;
  2. 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;
  3. Contains information known by Influencer to be false, inaccurate or misleading;
  4. Contains material or content for which Influencer has been compensated or granted any consideration by any third party;
  5. Disparages Boxine or any other person or party; and/or
  6. Contains material not consistent with the image and values of Boxine or otherwise associates Boxine or any of Boxine’s products or services with any inappropriate or controversial content that would reflect poorly upon Boxine or the Campaign.
  1. Respect Intellectual Property Rights of Third Parties. Influencer should never post or share any content that violates or infringes the Intellectual Property Rights of any third party. In case of doubts, Influencer should always confirm with Boxine prior to using any content. If Influencer decides to use Boxine Materials in connection with the Services, Influencer agrees not to alter or modify any such Boxine Materials without first obtaining Boxine’s written consent.

 

  1. Compliance with Laws and Regulations. Influencer should comply with all applicable laws, rules and regulations, as well as with the terms, conditions, guidelines and policies of any website, social media platform or service that Influencer uses in connection with the Services.

 

PLEASE NOTE THAT BOXINE RESERVES THE RIGHT TO MONITOR INFLUENCER’S COMPLIANCE WITH THESE GUIDELINES AND TO IMMEDIATELY TERMINATE INFLUENCER’S PARTICIPATION IN THE CAMPAIGN WITHOUT CURE IN THE EVENT OF ANY NON-COMPLIANCE WITH THE TERMS OF WITHOUT FURTHER OBLIGATION TO INFLUENCER.





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