{"terms": {"en_us": {"terms": "

TERM AND CONDITIONS\r

AFFILIATE PARTNERS\r

These TERMS AND CONDITIONS, together with any documents incorporated herein by reference (the “Agreement”), constitutes the sole and entire agreement by and between Thrive Causemetics, Inc., a Delaware corporation (“TC”) and the affiliate partner (“Partner”). This Agreement applies to all future Campaign engagements. Affiliate partner and TC shall each be referred to herein individually as a “Party,” or collectively as the “Parties”. \r

Whereas TC and Partner are each separately contractually engaged with Performance Horizon Group Limited, doing business as Partnerize (formerly Pepperjam, LLC) (“Partnerize”), which contracts govern the relationship between Partnerize and TC or Partner, as applicable (the “Partnerize Contracts”), and Partnerize desires to facilitate a contract between Partner and TC that, subject to the provisions of the Partnerize Contracts, will be governed by the terms of this Agreement.\r

Now therefore, in consideration of the forgoing and such other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:\r

ARTICLE I\r

DEFINITIONS\r

\tSection 1.01\tDefined Terms. For purposes of this Agreement, the following terms shall have the following meanings:\r

“Affiliate” of a Person means any other Person that, at the time of determination, directly or indirectly Controls, is Controlled by, or is under common Control with, such Person.\r

"Campaign" means a commercial offer or set of offers of TC's products.\r

“Control” means, as to a Person, (a) ownership, directly or indirectly, beneficially or of record, of the equity interests representing fifty percent (50%) or more of the aggregate ordinary voting power represented by the issued and outstanding equity interests of such Person; (b) occupation of a majority of the seats (other than vacant seats) on the board of directors of such Person by individuals who were nominated by another Person or by a group of Persons acting in concert; or (c) the possession, directly or indirectly, by another Person or by a group of Persons acting in concert, of the power to direct or cause the direction of the management or policies of such Person, whether through the ability to exercise voting power, by contract or otherwise.\r

“Downloadable Software” means downloadable tools or other software that Partner makes available for download specifically for purposes of facilitating access to, operation of, or use with the Content, and any updates Partner may make available to such software from time-to-time.\r

“Effective Date” means the day of execution of this Agreement by Partner, as evidenced by Partnerize’s records indicating the date Partner joins the Campaign.\r

“Framing” refers to the practice of displaying, within a frame or border of a website, content from another website.\r

“Governmental Authority” means any federation, nation, state, sovereign or government, any federal, supranational, regional, state or local political subdivision, any governmental or administrative body, instrumentality, department or agency or any court, administrative hearing body, commission or other similar dispute resolving panel or body, and any other entity exercising executive, legislative, judicial, regulatory or administrative functions of a government.\r

“Intellectual Property” means: (a) patents, patent disclosures and inventions (whether patentable or not); (b) trademarks, service marks, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith; (c) copyrights and copyrightable works (including computer programs), mask works, and rights in data and databases; (d) trade secrets, know-how and other confidential information; and (e) all other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.\r

“Person” means an individual, corporation, partnership, joint venture, limited liability company, Governmental Authority, unincorporated organization, trust, association or other entity. \r

“Products” means all merchandise planned, researched, developed, tested, manufactured, sold, licensed, leased, or otherwise distributed or put into use by TC or any of its Affiliates.\r

“Specifications” means all functional or technical specifications, design documents, product descriptions, performance criteria, manuals, schematics, drawings, listings, standards and all other written or electronically stored material related in any way to the performance, capabilities or other attributes of any of the services as set forth in Article II.\r

“Third Party” means any Person other than Partner or TC or their respective Affiliates.\r

ARTICLE II\r

SERVICES\r

Section 2.01\tServices. Partner shall be responsible for creating graphic material, textual material, articles, photos, and or video (collectively, the “Content”) to promote the Products and TC’s brand. Partner shall publish the Content on their website, platform, or social media account in accordance with U.S. Federal Trade Commission (“FTC”) regulations and guidelines. Partner shall provide all Content following the terms of this Agreement.\r

Section 2.02\tPreviously posted content & monetization of future content. Notwithstanding anything to the contrary in this Agreement, only Content created after the Effective Date and specifically through the Partnerize affiliate program can be monetized by Partner. No previously published Content related to TC can be monetized after the fact, and TC shall have no liabilities or obligations to Partner with respect to such Content as a result of this Agreement. Additionally, only Content that is created through the affiliate program with Partnerize shall include affiliate links. Any other content created for organic public relations (“PR”) or editorial inclusions (unrelated to the affiliate program), shall not be monetized or include affiliate links.\r

Section 2.03\t Review and approval. At any point during the Term of this Agreement, TC can, in its sole discretion, request Partner make changes to the Content for the sole purpose of correcting inaccurate information about TC, its brand, Products, or other information related to TC or its Affiliates, and Partner will be obliged to make such requested changes within 2 business days. TC may request further revisions on a case-by-case basis. \r

Section 2.04\tService specifications. (a) Partners may only promote codes or promotions that are provided through the Partnerize affiliate program. Sales containing a code or promotion that is not provided directly by TC after the Effective Date or is not listed within Partnerize may be subject to commission reversals and may result in Partner’s removal from the program. (b) Partner shall use good industry practice. \r

Section 2.05\tDownloadable Software. TC may, in its sole discretion, grant certain Partners permission to use Downloadable Software in connection with Partner’s performance under this Agreement by delivery from TC to Partner of a written notice notifying Partner that Partner may use Downloadable Software. \r

ARTICLE III\r

CONSUMER PROTECTION AND PRIVACY LAWS AND BEST PRACTICES\r

Section 3.01\tPartner shall not perform, or cause to be performed, Trademark bidding on any Thrive Causemetics exact match brand terms, any brand plus modifier terms and any misspellings of the aforementioned brand terms (such as Thrive Cosmetics).\r

Section 3.02\tPartner shall not perform, or cause to be performed, any paid search direct linking or any other possible infringements on TC’s copyrights without TC’s explicit authorization.\r

Section 3.03\tPartner may perform email marketing related to TC and TC Products so long as Partner complies with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM”) and the terms of this Agreement. \r

\tTo comply with CAN-SPAM, Partner must ensure that commercial emails: (a) are clearly and conspicuously identified as an advertisement or solicitation somewhere in the body of the message; (b) include a clear and conspicuous electronic opt-out mechanism (for example, return email or other internet-based mechanisms); (c) provide the sender's valid physical postal address; and (d) do not use deceptive from lines, subject lines, or other false header information.\r

\tPartner must contact TC prior to running any emails for suppression lists. Any Partner that does not contact TC prior to running any such emails is considered to be in willful violation of this Agreement.\r

Section 3.04\tPartners must comply with the Children’s Online Privacy Protection Act (“COPPA”) when launching online advertising campaigns either targeting children under the age of 13 or knowing collecting information from children under the age of 13. \r

Section 3.05\tPartner must follow Online Behavioral Advertising (“OBA”) best practices. \r

Section 3.06\tPartner must abstain from Framing. \r

Section 3.07\tIn general, Partner must comply with all U.S. Federal Trade Commission (“FTC”) regulations and guidelines that may be applied. \r

ARTICLE IV\r

VALID WEBSITE(S)\r

Section 4.01\tTC reserves the right to decline certain affiliations, in TC’s sole discretion, as follows:\r

(i)\tWebsites that violate Third Parties’ rights including copyright and intellectual property violations, piracy (‘warez’), emulators, unauthorized content usage etc.\r

(ii)\tWebsites with adult themes such as explicit content, violence, etc., or ones containing fragments or links to such, etc.\r

(iii)\tWebsites that promote racial, political, gender, or religious discrimination.\r

(iv)\tWebsites with spam content and those that perform unacceptable newsgroup posting.\r

(v)\tWebsites related to any illegal activities, such as hacking or terrorism.\r

(vi)\tWebsites that give false online money-earning opportunities or contradictive investment offers.\r

(vii)\tWebsites that are temporarily unavailable, out of service, or incomplete.\r

(viii)\tWebsites that interfere with Federal privacy laws, including the Children’s Online Privacy Protection Act.\r

(ix)\tAny other websites, application, or media properties that TC determines are not appropriate or consistent with TC’s brand.\r

ARTICLE V\r

PAYMENT\r

Section 5.01\tCommission. Partner shall receive a commission for purchases made from affiliate links which will be determined by Partnerize and TC, and paid in accordance with the Partnerize Contracts. \r

Section 5.02\tInvoices. Partnerize shall invoice TC subject to TC’s contract with Partnerize.\r

Section 5.03\tLiability. After TC has disbursed payment(s) set forth in the applicable invoice, TC shall not be liable to Partner in the case of payment omissions or delays committed by Partnerize. Partner hereby acknowledges that TC has no obligation to pay any amounts directly to Partner.\r

ARTICLE VI\r

TERM AND TERMINATION\r

Section 6.01\tTerm. The term of this Agreement shall commence as of the Effective Date and shall continue until terminated (“Term”). \r

Section 6.02\tTermination of Agreement. Either Party may terminate this Agreement without penalty at any time and for any reason upon not less than thirty (30) days prior notice to the other Party. Either Party may terminate this Agreement immediately if the other Party breaches or is in default of any material obligation hereunder which is incapable of cure or which, being capable of cure, has not been cured within thirty (30) days after receipt of notice of such default (or such additional cure period as the non-defaulting Party may authorize). This Agreement will also automatically terminate if either TC or Partner ends their partnership with Partnerize. \r

Section 6.03\tConsequences of Termination. Upon termination of this Agreement, each Party shall, upon the Disclosing Party’s request, except as set forth in this Agreement, return promptly to the disclosing Party all Confidential Information of the disclosing Party in the receiving Party’s possession, and certify in writing to the disclosing Party its compliance with this Section 6.03. \r

Section 6.04\tSurvival. The rights and obligations of the Parties set forth in the following provisions shall survive the expiration or earlier termination of this Agreement: Article III (Consumer Protection and Privacy Laws and Best Practices), this Article VI (Term and Termination), Article VII (Intellectual Property), Article IX (Indemnity), Article X (Limitation of Liability), Article XI (Confidentiality) and Article XII (Miscellaneous). In addition, the provisions of this Agreement shall continue to apply with respect to providing Content prior to such expiration or termination and shall govern the relationship between the Parties with respect thereto.\r

ARTICLE VII\r

INTELLECTUAL PROPERTY\r

Section 7.01\tThird Party IP and Partner IP. Partner will not incorporate any Intellectual Property of any Third Party into any Content without TC’s prior written consent (such approved Third Party Intellectual Property, “Approved Third Party IP”). \r

ARTICLE VIII\r

REPRESENTATIONS AND WARRANTIES\r

Section 8.01\tMutual Representations. Each Party represents and warrants to the other Party that as of the Effective Date: (a) to the extent such Party is an entity, it is duly organized, validly existing and in good standing as a corporation or other entity as represented herein under the laws and regulations of its jurisdiction of incorporation, organization or chartering; (b) it has the full right, power and authority to enter into this Agreement and to perform its obligations hereunder; (c) to the extent such Party is an entity, the execution of this Agreement by its representative hereof has been duly authorized by all necessary corporate, limited liability, or partnership action of the Party; and (d) when executed and delivered by such Party, this Agreement shall constitute the legal, valid and binding obligation of that Party, enforceable against that Party in accordance with its terms.\r

Section 8.02\tPartner Representations and Covenants. Partner represents, warrants and covenants to TC that: (a) Partner accepts the entire Agreement and is able to maintain the obligations bestowed herein; (b) the Content provided hereunder will be provided in a professional and workmanlike manner; (c) the products represented on the website are legal to use and distribute and all the products and services provided through the site are legal and do not violate any copyrights, trademarks or other rights and laws; (d) under no circumstances will the website serving the Content be practicing the serving of material listed at Article IV of this Agreement; (e) the websites serving the Content are normally functioning, safe and free of malware and viruses that can potentially harm the Person, system or software; (f) the Content will: (i) be the original work of Partner; (ii) be free and clear of any encumbrances of any kind (other than restrictions on Approved Third Party IP approved in writing by TC at the time of approval of the applicable Third Party Intellectual Property) and (iii) not infringe or misappropriate any third party Intellectual Property; and (g) the Partner is familiar with all the laws and legislation that regulates the online activities, including all data privacy laws, and their website and business are fully compliant with them, and Partner, will perform the services to be provided under this Agreement in compliance with all applicable laws.\r

If any element of the Content is subject to any claim alleging a breach of this Section 8.02, Partner shall have thirty (30) days to do one of the following: (1) procure the right to continue use of such element; (2) replace such element with a comparable element that is not subject to any such claim; or (3) modify such element so that it is not subject to any such claim. \r

ARTICLE IX\r

INDEMNITY \r

Section 9.01\tTC shall indemnify, defend and hold harmless Partner from and against and in respect of any claims resulting from the Content that is not, directly or indirectly, caused by Partner or with respect of any material breach by TC or any of TC’s Affiliates of any of its covenants, agreements or undertaking contained in this Agreement. \r

Section 9.02\tPartner shall indemnify, defend and hold TC, its Affiliates and their respective officers, directors, employees, agents, successors, and permitted assigns (each an “Indemnified Party”) harmless against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, that are incurred by an Indemnified Party (collectively, the “Losses”), arising out of or related to any Third Party claims, liabilities, demands or other proceedings of whatever nature or kind, whether formal or information, brought against any Indemnified Party based upon, incident to, arising from or in connection with: (a) breach or non-fulfillment of any provision of this Agreement by Partner, including any breach of Section 8.02; (b) any gross negligent or intentional act or omission (including, without limitation, bodily injury or damage to property) by Partner (including any reckless or willful misconduct) in connection with the Content; or (c) any failure by Partner to comply with any applicable federal, state, or local laws, regulations, or codes. \r

ARTICLE X\r

LIMITATION OF LIABILITY\r

Section 10.01\tLIABILITY CAP. EXCEPT WITH RESPECT TO BREACHES OF ARTICLE XI AND PARTNER’S OBLIGATIONS UNDER ARTICLE IX, NO PARTY’S AGGREGATE LIABILITY FOR ANY AND ALL CAUSE(S) OF ACTION, REGARDLESS OF THE FORM OF ACTION (INCLUDING CONTRACT, TORT, NEGLIGENCE OR ANY OTHER), ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OR BREACH OF THIS AGREEMENT SHALL EXCEED THE AMOUNT OF COMPENSATION PAID BY TC TO PARTNER THROUGH PARTNERIZE DIRECTLY DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE INITIAL OCCURRENCE OF ANY SUCH CAUSE OF ACTION.\r

Section 10.02\tEXCLUSION OF INDIRECT DAMAGES. EXCEPT WITH RESPECT TO BREACHES OF ARTICLE XI AND PARTIES’ OBLIGATIONS UNDER ARTICLE IX, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PARTIES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE ARISING OUT OF , ARISING OUT OF, OR RELATING TO, OR IN CONNECTION WITH BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE (INCLUDING THE ENTRY IN PERFORMANCE OR BREACH OF THIS AGREEMENT) OR THE CONTENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT EITHER PARTY WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (D) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.\r

ARTICLE XI\r

CONFIDENTIALITY\r

Section 11.01\tConfidential Information. “Confidential Information” means any oral, written, graphic or machine-readable information that is disclosed by one Party (the “Disclosing Party”) to the other Party (“Recipient”) relating to the Disclosing Party or its business, including, but not limited to, information regarding research, technical data, products, services, current or future plans for products or services, customers and potential customers, markets and marketing, finances, employees (including employee compensation), patents, patent applications, developments, software, trade secrets, inventions, discoveries, designs and drawings, formulae, regulatory information, protocols, scientific or medical reports, processes, business plans, and agreements with third parties and the terms and conditions of this Agreement; provided, however, that Confidential Information shall not include information that the Recipient can demonstrate by competent written proof: (a) at the time of disclosure to the Recipient, was generally available in the public domain; (b) after disclosure to the Recipient, entered the public domain through no fault of the Recipient (including any of its Affiliates) or a Third Party of a contractual or fiduciary obligation to hold such information confidential; or (c) at the time of disclosure, was legally known to Recipient, if Recipient’s source was not bound to an obligation of confidentiality with respect to such information. This Article XI shall not restrict either Party from disclosing Confidential Information (a) with the prior written consent of the Disclosing Party or (b) that is required to be disclosed pursuant to an order or requirement of a court, administrative agency, or other governmental body; provided, that the Recipient shall provide prompt notice of such court order or requirement to the Disclosing Party to enable the Disclosing Party the opportunity to seek a protective order or otherwise prevent or restrict such disclosure.\r

Section 11.02\tNondisclosure of Confidential Information. Recipient agrees not to use any Confidential Information of the Disclosing Party that has been disclosed to Recipient for Recipient’s own use or for any purpose other than to carry out discussions concerning, and the undertaking of, the services being provided under this Agreement. Recipient shall not disclose or permit disclosure of any Confidential Information of the Disclosing Party to any employee or Third Party except as provided for in this Section 11.02. Recipient agrees that it shall take all reasonable measures to protect the secrecy of Confidential Information of the Disclosing Party. Recipient shall not take any action or fail to take any reasonable action necessary to prevent any of the Disclosing Party’s Confidential Information from falling into the public domain or losing its confidential and proprietary nature. Such measures include, but are not limited to, using the highest degree of care that Recipient utilizes to protect Recipient’s own Confidential Information of a similar nature, which shall be no less than reasonable care. Any employee or agent of Recipient or Third Party who is given access to any such Confidential Information must have a legitimate “need to know” in connection with this Agreement and shall be bound in writing to maintain the confidentiality of the Confidential Information under terms and conditions at least as stringent as those under this Agreement. Recipient further agrees to notify the Disclosing Party in writing of any actual or suspected misuse, misappropriation or disclosure of the Disclosing Party’s Confidential Information, which may come to Recipient’s attention. The provisions of this Article XI shall survive the expiration or termination of this Agreement for a period of five (5) years from the date of termination or expiration.\r

Section 11.03\tNo Duplication; Return of Materials. Recipient agrees, except as otherwise expressly authorized by the Disclosing Party, not to make any copies or duplicates of any Confidential Information. Any materials or documents that have been furnished to Recipient in connection with this Agreement shall be promptly returned by Recipient, accompanied by all copies of such documentation (including all electronic copies and media containing such copies), upon request of the Disclosing Party. Notwithstanding the foregoing, Recipient shall be entitled to keep one (1) copy of the Confidential Information in its legal files or administrative records strictly for the purpose of determining the scope of its obligations under this Agreement.\r

Section 11.04\tDisclaimer of Proprietary Rights. Nothing contained in this Article XI shall be construed as granting, by implication, estoppel or otherwise, any licenses or rights under any patents, copyrights, mask works or other legally protectable proprietary rights (present or future) of either Party (and subsidiaries thereof) to the other Party (and subsidiaries thereof).\r

ARTICLE XII\r

MISCELLANEOUS\r

Section 12.01\tNotices. All notices, requests, demands, and other communications relating to this Agreement shall be in writing in the English language and shall be delivered by mail, courier, electronic mail, or in person (with a confirmation copy forwarded by mail, courier, or electronic mail). Notices sent by mail shall be sent by first class mail or the equivalent, registered or certified, postage prepaid, and shall be deemed to have been given on the date actually received. Notices sent by international courier shall be sent using a service which provides traceability of packages. Notices shall be sent as follows:\r

If to Partner:\t To the address given by the Partner in the platform of Partnerize.\t\t\t\r

If to TC:\t\tLegal Department\r

\t\t\tThrive Causemetics, Inc.\r

\t\t\t10900 NE 4th St. Suite 2300\r

\t\t\tBellevue, Washington 98004\r

\t\t\tlegal@thrivecausemetics.com\r

Section 12.02\tAmendments; Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each Party hereto. No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the waiving Party. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.\r

Section 12.03\tAssignment. Neither Party may assign or delegate this Agreement, or any part hereof, without the prior written consent of the other Party; provided, that either Party may freely assign or delegate this Agreement, or any part hereof, without such consent, to any Affiliate of such Party. In addition, either Party may assign or transfer its interest under this Agreement to a successor of such Party’s business by reason of a merger, consolidation, sale of all or substantially all of its assets, spin-off or other form of acquisition or disposition; provided, that such successor agrees in writing to be bound by the terms and conditions hereof. This Agreement shall be binding upon and inure to the benefit of the successors and permitted assigns of the Parties. Any attempt to assign or delegate this Agreement, or any part hereof, in violation of this Section shall be void. Subject to the foregoing, any reference to Partner or TC hereunder shall be deemed to include the successors and permitted assigns thereof.\r

Section 12.04\tCompliance with Applicable Law. Each Party shall comply with the provisions of any applicable law and all lawful standards, permits, licenses, approvals, orders, rules and regulations promulgated pursuant thereto.\r

Section 12.05\tGoverning Law; Submission to Jurisdiction. \r

(a)\tThis Agreement and all related documents are governed by, and construed in accordance with, the laws of the State of Washington, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Washington.\r

(b)\tAny action, suit or other proceeding arising out of this Agreement and the licenses granted hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington in each case located in King County, Washington.\r

Section 12.06\tSeverability. The Parties do not intend to violate any public policy or applicable law. However, if any sentence, paragraph, clause, or combination of this Agreement is in violation of any law or is found to be otherwise unenforceable, such sentence, paragraph, clause or combination of the same shall be deleted and the remainder of this Agreement shall remain binding, provided that such deletion does not alter the basic purpose and structure of this Agreement.\r

Section 12.07\tIndependent Contractors. Nothing herein shall create any association, partnership, joint venture, fiduciary duty or the relation of principal and agent between the Parties hereto, it being understood that each Party is acting as an independent contractor, and neither Party shall have the authority to bind the other or the other’s representatives in any way.\r

Section 12.08\tNo Third-Party Beneficiaries. This Agreement is for the sole benefit of the Parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other Person any legal or equitable right, benefit or remedy of any nature whatsoever, under or by reason of this Agreement.\r

Section 12.09\tCounterparts. This Agreement may be executed by the Parties in counterparts, each of which when so executed and delivered shall be considered to be an original, but all such counterparts shall together constitute but one and the same instrument.\r

Section 12.10\tEntire Agreement. This Agreement, and any other documents incorporated herein by reference constitute the sole and entire agreement of the Parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter.\r

Section 12.11\tFurther Assurances. Each Party shall, upon the reasonable request, promptly execute such documents and take such further actions as may be necessary to give full effect to the terms of this Agreement.\r

Section 12.12\tConstruction. When a reference is made in this Agreement to a Section, Article, Exhibit or Schedule such reference shall be to a Section, Article, Exhibit or Schedule of this Agreement unless otherwise indicated. The headings contained in this Agreement or in any Exhibit or Schedule are for convenience of reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All words used in this Agreement will be construed to be of such gender or number as the circumstances require. Any capitalized terms used in any Exhibit or Schedule but not otherwise defined therein shall have the meaning as defined in this Agreement. All Exhibits and Schedules annexed hereto or referred to herein are hereby incorporated in and made a part of this Agreement as if set forth herein. The word “including” and words of similar import when used in this Agreement will mean “including, without limitation,” unless otherwise specified. The words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to the Agreement as a whole and not to any particular provision in this Agreement. The term “or” is not exclusive. The word “will” shall be construed to have the same meaning and effect as the word “shall.” References to days mean calendar days unless otherwise specified.\r

Section 12.13\tForce Majeure. No Party shall be liable to the other for delay in performance or failure to perform due to causes beyond its reasonable control including, acts of God, acts of the other Party that are a material breach of its obligations under this Agreement, acts (including failure to act) of any Governmental Authority, strikes or other labor difficulties, fires, floods, sabotage, earthquakes, storms, epidemics, pandemics, wars, riots, or delays in transportation (each, a “Force Majeure Event”). A Party whose performance is affected by a Force Majeure Event shall give written notice to the other Party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event.\r

*Please proceed to a hosted PDF for a downloadable version

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Ep. 397: Beauty Tips for People with Cancer & Other Illnesses with Caitlin Kiernan

For more info and a complete list of the products featured on this podcast, visit fatmascara.com/blog

Pretty Sick: The Beauty Guide For Women With Cancer - by Caitlin Kiernan

Volition Beauty - Mission Brows, Eyebrow Replacement

BENEFIT COSMETICS Precisely, My Brow Pencil - waterproof & wax-based

Silicone Scar Sheets

Mederma Scar Cream

Aveeno Soothing Bath Treatment With 100% Natural Colloidal Oatmeal For Treatment & Relief Of Dry

Vaseline Pure Petroleum Jelly

CERAVE | Moisturizing Cream

CETAPHIL | Gentle Skin Cleanser

LA ROCHE-POSAY | Cicaplast Baume B5

AQUAPHOR | Touch-Free Healing Ointment

ISDIN | Eryfotona Actinica Ultralight Emulsion SPF 50+ Sunscreen

CHANEL | Baume Essentiel Multi-Use Glow Stick

RARE BEAUTY | Positive Light Liquid Luminizer Highlight - Mesmerize

FENTY BEAUTY | Killawatt Freestyle Highlighter

Thrive Causemetics Overnight Sensation Brightening Sleep Mask