A-List Creator Program Terms & Conditions

 

Last Updated: April 2025

Pepper Affiliate Program Agreement

Thank you for agreeing to participate in Pepper’s Affiliate Program as part of its brand and product marketing campaign (the “Campaign”). We are looking forward to working with you. This letter (the “Agreement”) sets out the agreement between Pepper (“Pepper”, “Company”, or “we”) and you for your participation in the Campaign.

Description of Services:

Term: The term of this Agreement shall commence on the day you are accepted into the A-List Creator Program  and continue for a period of one (1) year, unless earlier terminated by Pepper as set out below (the “Term”).

Social Media Requirements: During the one (1) year Term, in partnership with Pepper, you agree to create and publish the following social media posts (“Posts”) on the specific social media platforms identified below. Pepper reserves the right to terminate this agreement if the above content requirements are not met. 
Six (6) non-dedicated Posts on the social media platform with the most engaged audience. Such that you post one (1) Instagram feed post or TikTok feed post every other month for the 12 month term of your contract. 
Twelve (12) non-dedicated Instagram story frames (one per month)
You agree to include affiliate links in all applicable Posts and Instagram story frames (i.e., swipe up/sticker for IGS, link in bio, etc.)
You agree to engage by commenting on Pepper’s Instagram posts for product launches, key sales moments, updates, etc.

Additional Platform Requirements: 
Upon joining the program, affiliates are required to create a Social Snowball Account: Consent to its platform terms, and comply with all policies provided by Pepper or Social Snowball. This will allow us to track progress in the program and make payments accordingly. 
Affiliates are required to connect their social accounts to Social Snowball so the Pepper team can accurately track participation and engagement on posts. 
Email Newsletter Subscription: You must opt into and remain subscribed to the Pepper Affiliate newsletter to receive important updates and opportunities within the Program.
Materials: Pepper will provide you with the necessary briefing materials (as set out in the The A-List  Guidebook) as well as one (1) mutually agreed upon Pepper product during initial onboarding (for new Affiliates only, not renewed contracts), so you can create Posts that achieve the goals of the Campaign (the “Campaign Materials”). Although we want your Posts to be authentic and based on your own opinions, beliefs, and experiences, your Posts should rely on the Campaign Materials to accurately use our trademarks, describe the Campaign, and describe our products.

All Posts will meet the following requirements set out below:

Tags & Disclosure:
Your Posts must comply with the Federal Trade Commission’s (the “FTC”) Guides Concerning Endorsements and Testimonials (“Endorsement Guides”), for which we provide you a link in Exhibit A. You must clearly and conspicuously disclose your “material connection” with Pepper, making it clear that you are a paid influencer and have received free products. You must place the disclosure in plain sight in close proximity to any audio or visual communications that you make about us, our brands, and our products.
You will tag @wearpepper on all Posts
You will include #wearpepper on all Posts

Terms of Services and Code of Conduct:

You shall represent Pepper in a positive way and refrain from any course of conduct, act, or omission that would tend to harm the reputation of company. More specifically, you shall not engage in any course of conduct, act, or omission that is or can be reasonably expected to subject you to public scandal, disrepute, widespread contempt, public ridicule, or which is widely deemed by members of the general public to embarrass, offend, insult, or denigrate individuals or groups, or that will tend to shock, insult, or offend the community or public morals or decency or prejudice Pepper. Moreover, you shall not use any profane or obscene language in any Posts created in relation to this Agreement or in any comments or replies to such Posts. 

Your Posts will not include any ethnic slurs, personal insults, obscenity, or other offensive language, including in social captions, blogs, or replies to comments in posts  featuring Pepper.

Your Posts will not include offensive comments that have the purpose or effect of creating an intimidating or hostile environment. You will not post content that promotes bigotry, racism, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age. You will not make any comments or post any content that in any way promotes unsafe activities that could lead to an unsafe situation involving Pepper’s consumers or other individuals.

You may not make deceptive or misleading claims about Pepper products or our competitors’ products; disparage Pepper or our brands or products; engage in any communication that is defamatory or infringes upon the copyright, trademark, privacy, publicity, or other intellectual property rights of others; or offer for sale or solicit products on behalf of Pepper.

You cannot use your own affiliate links or special promo codes for personal purchases. Doing so is a breach of this Agreement and is grounds for termination from the Pepper Affiliate Program.

Pepper is not responsible for attributing any sales from any third party sites, including but not limited to, coupon sites, or the likes thereof, or your affiliate links, and is not responsible for producing or sharing sales data with you.

Pepper reserves the right to change, remove, and/or deactivate your affiliate links and codes for any reason and without notice.

You must adhere to the posted policies, guidelines, and terms of use on any platform on which you post content on behalf of Pepper, as well as any additional guidelines provided by Pepper, such as product- or brand-specific program requirements.

You must not create fake followers or engagement on social media platforms, such as: buying followers; using bots to grow audience size by automating account creation, following, commenting, and liking; or post fake sponsored content.

Pepper shall have sole discretion to determine if any conduct, act, or omission by you violates this Agreement. You understand that Pepper will be monitoring your Posts for compliance with this Agreement. Pepper has the right to address noncompliant Posts by taking any of the following actions alone or in combination:
Requiring you to fix the Post.
Fixing the Post ourselves or through one of our agencies.
Withholding payment of a commission or other fee.
Terminating this Agreement for a material breach.

Your above obligations under this section entitled “Terms of Services and Code of Conduct”, your duty to comply with the FTC Endorsement Guides (including, but not limited to, tagging and disclosure requirements) under the “Tags & Disclosure” section, and your other duties, requirements, and obligations with respect to your Posts and the Campaign as set out elsewhere this Agreement shall be referred to collectively as the “Code of Conduct.”

Your Posts will comply with the Code of Conduct and any other policies we provide you.

Usage; Grant of Rights:

You hereby grant to Pepper an absolute, unrestricted, non-exclusive, royalty-free, irrevocable, sub-licensable, worldwide, perpetual, and transferable license to use, reproduce, copy, distribute, publish, copyright, display, combine with other materials, edit, alter and/or modify your Content, and to use your name, social media handle(s), and/or likeness, in any and all forms of media (including Pepper webpages, emails, print and broadcast advertisements, social media platforms, third party websites or materials, and digital and physical owned channels) for all promotional, marketing, advertising, and sale purposes relating to Pepper products and for any other uses, without any consideration or compensation due to you except as specified herein. You hereby irrevocably waive any and all claims you may now or hereafter have in any jurisdiction to so-called “moral rights” with respect to the Posts.

You hereby grant to Pepper and our affiliates, and each of our respective direct and indirect successors, licensees, and assigns, the right to use your name, image, likeness, and biographical, professional, and other identifying information (including information you provide to us and any other information about you that is publicly available) (collectively, “Likeness”) in connection with the Campaign, the Posts, and any derivative works we make from the Posts, including to advertise and promote the same or any product that features or includes at least one of the Posts or a derivative work of a Post, in whole or in part. You waive the right to inspect or approve any use of your Likeness as contemplated in this Agreement.

Additional Terms:
Non-Disparagement: Neither party shall take any action or make any statement that disparages or denigrates the other party or its products or services, or otherwise is reasonably perceived as negative, derogatory, or detrimental to the other party, its products or services, reputation, or trademarks, and is reasonably likely to injure the success of the Campaign and/or the Pepper Affiliate Program.
Confidentiality: You understand that you may be exposed to information about Pepper’s products, services, advertising campaign, marketing, brand strategies, and other information and ideas (including, but not limited to, discoveries, ideas, inventions, products, product improvements, product enhancements, processes, methods, techniques, projects, developments, plans, and research data of Pepper) that may not have been disclosed to the public (collectively, the “Confidential Information”). You agree to maintain the confidentiality of all Confidential Information disclosed to you (or which otherwise becomes available to you) in connection with the Campaign. You will hold all Confidential Information in strict confidence and not disclose any Confidential Information to any person or entity for any purpose other than participating in the Campaign. The obligation to maintain the confidentiality of Confidential Information shall survive termination and continue for five (5) years.

Additional Company Obligations:
Pepper will provide you an unique affiliate link for use in Posts.
Pepper will engage on your social media Posts.
Pepper will provide exclusive challenges, opportunities for sales, and newsletters
Affiliates will receive priority access to shop new launches. 

Image Guidelines:
Please refer to the The A-List  Guidebook on photography guidelines for shooting content with a Pepper product. Failure to follow these guidelines or Pepper’s other instructions with respect to Posts will result in a reshoot and deletion of non-compliant Posts.

Payment Terms; Invoices:
Subject to your full compliance with the Code of Conduct and other terms of this Agreement, during the Term you will earn a commission or a credit as further described below based on Pepper Net Sales Revenue that Pepper receives from customers on account of sales of Pepper products purchased directly through their use of your unique affiliate link posted solely on channels owned by you. For the avoidance of doubt, any sales or revenue attributed to affiliate codes or to anything other than your unique affiliate link will not be reported by Pepper and are not eligible for determining or calculating amounts payable to you under this Agreement. 

Commission and Payment Terms
Affiliates may elect to receive commissions in one of the following forms:
 (a) 8% cash commission on eligible net sales generated through their unique referral link (excluding taxes, shipping, discounts, and any returned or refunded purchases within 30 days of the transaction date), or
 (b) 20% store credit on such eligible net sales.

Affiliates may request to switch between the cash commission and store credit structure at any time by providing thirty (30) days’ written notice to A-list@wearpepper.com. The requested change will take effect following the completion of the 30-day notice period.
All commissions are subject to verification and will only be paid or issued for transactions that are deemed valid, complete, and not canceled or refunded within thirty (30) days. Payments will be processed in accordance with the Company’s standard payout schedule and method.

Termination:
Pepper may terminate this Agreement immediately on written notice to you for any reason or no reason, or if you:
Commit or are alleged to have committed any criminal act or other act involving moral turpitude, drugs, or felonious activities;
Commit any act or become involved in any situation or occurrence which brings you into public disrepute, contempt, scandal, or ridicule, or which shocks or offends the community or any group or class thereof, or which reflects unfavorably upon Pepper or reduces the commercial value of our association with you; or
Information becomes public about your having, in the past, so conducted yourself as in either of the above.

 

Relationship of the Parties:
You understand that you are an independent contractor of Pepper, and this Agreement does not create any association, partnership, joint venture, employee, or agency relationship between you and Pepper for any purpose. You have no authority (and will not hold yourself out as having authority) to bind Pepper and will not make any agreements or representations on our behalf without our prior written consent.
Pepper is not responsible for withholding or paying any income, payroll, Social Security, or other taxes, making any insurance contributions, including unemployment or disability, or obtaining worker’s compensation insurance on your behalf. You are solely responsible for all such taxes and contributions, including penalties and interest. You are not eligible under this Agreement to participate in any of Pepper’s employee benefits, such as time off, medical, profit sharing, or retirement benefits.

Miscellaneous:
This Agreement is personal to you. You will not assign or otherwise transfer any of your rights, or delegate, subcontract, or otherwise transfer any of your obligations or performance, under this Agreement. Any attempt to assign, delegate, or transfer in violation of this paragraph is void. 
This Agreement is governed by and construed in accordance with the laws of the State of Colorado without giving effect to any conflict of laws provisions that would result in the application of the laws of a different jurisdiction. Each party agrees to institute any legal suit, action, or proceeding arising out of this Agreement or the Posts in the federal or state courts in each case located in Denver, Colorado. 

 

 

Exhibit A

FTC Endorsement Guides

With respect to promotional messages, photos, or other communications made on social media platforms about Pepper and our products and brands, all influencers must adhere to the following standards:

You must comply with the Federal Trade Commission’s (the “FTC”) Guides Concerning Endorsements and Testimonials (http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf), including making:

statements that reflect your honest beliefs, opinions, and experiences; and

clear and conspicuous disclosure about your connection to Pepper in all of your posts.

To better understand your responsibilities under the Endorsement Guides, you must review: 

The FTC’s Endorsement Guides: What People Are Asking (https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking). 

FTC: The Do’s and Don’ts for Social Media Influencers (https://www.ftc.gov/news-events/press-releases/2017/09/csgo-lotto-owners-settle-ftcs-first-ever-complaint-against).

FTC: Disclosures 101 for Social Media Influencers (https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf). 

FTC: Do you endorse things on social media? (https://www.ftc.gov/news-events/audio-video/video/advice-social-media-influencers).