Kohl’s Creator Program Terms & Conditions

By enrolling or participating in the Kohl’s Creator Program (the “Program”), you acknowledge that you have read, understand, and agree to be bound by these Kohl’s Creator Program Terms & Conditions (these “Term & Conditions”). If you do not agree to these Terms & Conditions, you will be unable to enroll in or participate in the Program. Enrollment and participation in the Program is also subject to Kohl's Legal Notices, which includes an ARBITRATION AGREEMENT, JURY TRIAL WAIVER, AND A CLASS ACTION WAIVER that affect your rights and govern how claims are resolved, and Kohl’s Privacy Policy, which are expressly incorporated herein by reference. Participation in the Program is limited to individuals who are 18 years of age or older. This is a collaboration between you and Kohl’s Inc. (“Kohl’s”) and we can't wait to see you shouting loud! As a Kohl’s Creator you'll play a crucial role in championing our products/services and helping us reach new heights. Here's what we expect from you:

Tasks & Incentives

1.

Once you have completed a few tasks within the “Welcome” tier of the Program (e.g., set up profile, create storefront, and complete welcome quiz), you will be rewarded with a Kohl’s gift card or promotional products.

2.

Kohl’s expects you to post content at least once on your respective social media grid within 30 days after receiving your Kohl’s gift card or promotional products. You may not delete, archive, or hide required task content for at least 30 days after posting unless otherwise approved by Kohl’s in writing.

3.

After your first post goes live, you are free to take part in as many challenges as you please.

4.

Each additional challenge rewards you with points which enable you to level up through each tier of the Program.

5.

Each time you level up you will unlock bigger and better rewards and exclusive community perks, so don’t forget to continually share the Kohl’s love!

Commission-Based Incentives

1.

Certain tiers include commission opportunities tied to Qualifying Purchases made through your unique affiliate link. "Qualifying Purchases" do not include the following product categories: Kohl's Cares® cause or other charitable items; Jewelry over $2,000, Gift Cards; Gaming Systems, or the following product brands: Crocs; Nintendo; JLab; Beats; Apple; Amazon; Bissell; and Google. Brands and categories are subject to change at Kohl's sole discretion.

2.

Commission payments are issued to your selected payment account following a standard validation period, which is typically 60 days post-purchase.

3.

Commissions are only paid on completed purchases. If all or part of an order is returned, refunded, credited, or charged back, no commission will be paid on the affected portion.

Content Expectations

When posting content for the Program on social media platforms, you must include:

a)

Tags to all relevant Kohl’s channels (@Kohls);

b)

Required Brand hashtags #KohlsCreators, #KohlsPartner, and #KohlsFinds; and

c)

Imagery that is respectful and appropriate for all audiences.

When posting content for the Program on social media platforms, you must not include:

a)

References or promotions for competing brands or sponsored content for other brands, unless expressly approved in writing by Kohl’s;

b)

Mentions, images or references to any offensive, harmful, or illegal content;

c)

Personally identifiable information about anyone other than yourself unless you receive Kohl’s prior written approval; or

d)

Degrading or derogatory comments towards competitors, employees, social personalities, or religious figures or beliefs.

Representations & Warranties

You represent and warrant that the content posted for the Program:

a)

Is your sole and original creation;

b)

Conforms to the specifications and instructions provided by Kohl’s to you;

c)

Complies with all Federal, state and local laws, rules, regulations, and ordinances, including the standards of conduct set out in Exhibit A, Kohl’s Social Media Community Guidelines, and any other policies or guidelines provided to you by Kohl’s or the various social media platforms;

d)

Does not currently and will not infringe or encroach upon the contractual, proprietary, or intellectual property rights of any third party;

e)

Is not hateful, discriminatory, threatening, vulgar, abusive, obscene, or offensive; and

f)

Is not libelous, deceptive, misleading, false, or defamatory.

Kohl’s may request removal or modification of content that does not meet Program standards. You agree to promptly comply with any removal or modification request and acknowledge that failure to do so constitutes a material breach of these Terms & Conditions. In the event of noncompliance with FTC guidance or applicable advertising laws, Kohl’s may, in its sole discretion, require removal or correction of content, suspend or terminate participation, withhold or reverse rewards or commissions, and take any other remedial action deemed necessary for legal compliance. As a member of the Program, you are agreeing that any and all content you submit to the Program may be used and re-purposed by Kohl’s and its subsidiaries and affiliates in perpetuity for promotional, marketing, and advertising purposes, both online and offline, without any compensation beyond the benefits provided as part of the Program. In order for Kohl’s to utilize such content, you hereby grant Kohl's a perpetual, royalty-free, non-exclusive, and irrevocable license to use, publish, reproduce, distribute, and display the content in any form and for any purpose whatsoever (including, but not limited to, video, social media posting, reproduction, display, email, print, publication, and distribution), either through our own services or services provided by third parties, throughout the world in any medium now known or later developed and without restriction or limitation. You agree that your Content may be used by Kohl's (or others under Kohl’s direction) to create derivative works either alone or in conjunction with other content, and such intellectual property rights in the derivative works shall be owned by Kohl’s. To the fullest extent permitted by law, you waive any moral rights or similar rights in the content and consent to any act or omission by Kohl’s that would otherwise infringe such rights. You further consent to the use of your name, likeness, voice, and social media handle in connection with the content. You waive any right to inspect and approve the finished work incorporating the content or any content created by Kohl’s that may be used in connection therewith. While Kohl's will make commercially reasonable efforts to give you credit for your content and provide a link back to your social media account, you agree that such credit is not mandatory and your permission for us to use your content is not contingent upon such credit being given.

Termination

Your partnership may be terminated by Kohl’s if:

1.

You fail to post at least once on your social media grid within 30 days after receiving your Kohl’s gift card or promotional products;

2.

Your account is inactive for a period of three (3) months or longer;

3.

You sell, transfer, license or assign your rewards, account, submissions, reward credits, loyalty points or any account rights (or attempt to do any of the same) to anyone other than yourself; or

4.

You fail to meet the Program expectations, which may include but is not limited to:

a)

Posting or submitting content that is of low quality;

b)

Posting or submitting content that doesn’t adhere to Kohl’s guidelines or the standards of conduct;

c)

Posting or submitting content that doesn’t meet the terms outlined in these Term & Conditions; or

d)

Breaching these Terms & Conditions.

Notwithstanding any of the foregoing, your Kohl’s Creator account may be restricted or terminated for any reason without notice, at Kohl’s sole discretion. You are also able to delete your Kohl’s Creator account and/or choose to no longer participate in the Program at any time. Upon termination, any unredeemed points, rewards, or program benefits may be forfeited, except where prohibited by law.

Indemnification

You shall indemnify, defend, and hold harmless Kohl’s, its parent companies, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, successors, and assigns from and against any and all claims, demands, actions, suits, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees and costs of settlement (collectively, “Claims”), arising out of or relating to: (a) your breach or alleged breach of these Terms & Conditions, including any representations, warranties, or obligations hereunder; (b) your content, postings, statements, or conduct in connection with the Program; or (c) your violation of any applicable law, regulation, platform policy, or third-party right, including intellectual property, privacy, or publicity rights. All indemnity obligations shall survive termination or expiration of these Terms & Conditions.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KOHL’S, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE PROGRAM, THESE TERMS & CONDITIONS, OR YOUR PARTICIPATION THEREIN, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED, KOHL’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PROGRAM SHALL NOT EXCEED THE TOTAL AMOUNT OF COMMISSIONS, INCENTIVES, OR REWARDS PAID TO YOU BY KOHL’S DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Miscellaneous

Kohl’s reserves the right, at its sole discretion, to change, modify, add, remove, or otherwise revise portions of these Term & Conditions at any time. Kohl’s will notify you of any material changes to these Term & Conditions as required by law, such as via notice on our website or to your email address on file. Kohl’s will also post an updated copy on the Program website. Please check the Program website periodically for updates. Unless you terminate your participation in the Program prior to the effective date of such changes, your continued participation following the effective date constitutes your acceptance of the revised Term & Conditions. Your enrollment or participation in the Program does not create an employment, agency, partnership, or joint venture relationship. Rewards, points, gift cards, products, and commissions are promotional incentives and not wages, salary, or other compensation for employment services. You are solely responsible for any taxes, withholdings, or reporting with respect to any compensation received. If any provision of these Terms & Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. You may not assign or transfer these Terms & Conditions or any rights or obligations hereunder without Kohl’s prior written consent. Kohl’s may freely assign these Terms & Conditions in connection with a merger, sale of assets, or corporate reorganization. To the fullest extent permitted by law, the state and federal courts that encompass Waukesha County, Wisconsin, shall have exclusive jurisdiction over any disputes (except for claims brought in small claims court) that are not subject to arbitration or over any action that seeks to enforce or challenge the enforceability of the Arbitration Agreement in Kohl's Legal Notices or any provision of these Terms & Conditions. You and Kohl’s consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to (a) inconvenient forum or (b) any other basis or any right to seek to transfer or change venue of any such action to another court.

Exhibit A

KOHL’S STANDARDS OF CONDUCT

With respect to promotional messages, photos, or other communications made on social media platforms about Kohl’s and our products, services, or 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 (https://www.ecfr.gov/current/title-16/chapter-I/subchapter-B/part-255), including making:

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

Clear and conspicuous disclosure about your connection to us in all of your posts.

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

You may not:

Make deceptive or misleading claims about our products, brands, or services or our competitors’ products or services;

Make any claims about our products, brands, or services or our competitors’ products, brands, or services that are not backed up by evidence;

Disclose any of our confidential information;

Disparage Kohl’s or our products, services, or brands;

Engage in any communication that is defamatory or infringes upon the copyright, trademark, privacy, publicity, or other intellectual property rights of others;

Offer for sale or solicit products on behalf of Kohl’s;

Make offensive comments that have the purpose or effect of creating an intimidating or hostile environment;

Post content that promotes bigotry, racism, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;

Use ethnic slurs, personal insults, obscenity, or other offensive language; and

Make any comments or post any content that in any way promotes unsafe activities that could lead to an unsafe situation involving Kohl’s consumers or other individuals.

You must adhere to:

The posted policies, guidelines, and terms of use on any platform on which you post content on behalf of Kohl’s, understanding that any these platforms’ disclosure requirements about your connection to us do not necessarily satisfy FTC disclosure requirements; and

Any additional guidelines provided by Kohl’s, such as products, services, or brands-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.