UGC TERMS OF SERVICE

Terms of Service

Effective January 1, 2024

USER GENERATED CONTENT AGREEMENT

This User Generated Content Agreement (the “Agreement“) contains the terms and conditions between Mad Viking LLC dba Mad Viking Beard Company (“us“, “we”, "Mad Viking Beard Co.", or “Mad Viking“) and you, regarding your participation in Mad Viking's User Generated Content Program (the “Program“) as a Mad Viking Beard Co. content creator (“you” or “Participant“).

Your enrollment in the Program constitutes your agreement to the following terms, including the terms of The Mad Viking Social Media Endorsement Policy attached hereto as Exhibit A, and LoudCrowd’s TERMS OF SERVICE.

BY ENROLLING IN THE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND EXHIBIT(S) AND AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.

1. ELIGIBILITY TO PARTICIPATE IN THE PROGRAM

To participate in the Program and be eligible for Rewards, you must sign up on this page and follow all terms and conditions set forth in this Agreement. You must be a legal resident of the United States or Canada and at least eighteen (18) years of age or older (or the age of majority, whichever is greater) in your state of legal residence. Employees of Mad Viking Beard Co. and/or any of its parent, subsidiaries, affiliates or related companies are not eligible to participate.

Enrolling in the Program allows you to earn Rewards from Mad Viking by sharing qualifying content that tags or mentions @madvikingbeard on Instagram and/or @madvikingbeard on TikTok.

2. DEFINITIONS

“Participant” shall mean the individual participating in the Program by displaying Mad Viking's Products on the social media accounts owned or controlled by Participant, including but not limited to, Instagram and TikTok (individually and collectively, “Participant’s Social Platform(s)“), and tagging Mad Viking Beard Co. in exchange for receiving Rewards from Mad Viking .

“Rewards” shall mean the amount Participant will receive from Mad Viking for displaying and sharing qualifying Post(s), pursuant to the terms of this Agreement.

“Post” shall mean a post, story, tweet, video or blog, as applicable, made by Participant on Participant’s Social Platform(s), showcasing the Product and subject to the terms of this Agreement.

“Product” shall mean product available for purchase from Mad Viking Beard Co. Participant is solely responsible for acquiring (by purchase, borrow or otherwise) any such Product; however, from time to time, Mad Viking may gift Product to Participant as determined in its sole discretion.

3. POSTS

The Post: (i) must depict only Participant and no other person, unless such other person is at least eighteen (18) years of age or older (or the age of majority, whichever is greater) and a legal resident of the fifty (50) United States and Participant has obtained the consent of such person to be depicted in the Post (the “Permitted Third Party“); (ii) must depict Participant and/or the Permitted Third Party using Product(s); (iii) must include #madvikingpartner or other similarly approved language as provided in Appendix A of Mad Viking's Social Media Endorsement Policy; (iv) must tag and mention in captions @madvikingbeard (or similar approved language, as applicable) and must include the required approved hashtag #madvikingpartner (or similar approved language) in a clear and conspicuous manner (for example, in an Instagram Post, it must appear “above the fold” within the first three (3) lines of the post or superimposed in a story); (v) may not mention, reference or show any brand other than Mad Viking; (vi) must not defame, misrepresent or disparage Mad Viking, its business, products or brands, or any third party brands, products or services competitive to Mad Viking and/or its business, products or brands; (vii) must reflect Participant’s actual, honest opinions, findings, beliefs, or experiences with Mad Viking and its business and products and will not contain any statements or representations about Mad Viking or its business and products which are not true or that is misleading or deceptive; (viii) shall be Participant’s own original work, created solely by Participant, and will not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity; and (ix) shall not contain or reference content which is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, or otherwise illegal, offensive or inappropriate in any way.

Participant represents, warrants and agrees that it shall abide by all of the foregoing, as well as all applicable laws, rules and regulations, including but not limited to the Federal Trade Commission’s Endorsement Guides (“FTC Guides“), which require that material connections between advertisers and endorsers be disclosed, as well as the Community Guidelines, LoudCrowd’s Terms of Service, Mad Viking Beard Co.'s Social Media Endorsement Policy, and any other applicable policies of the social media platform used by Participant for its Post(s). We reserve the right to withhold Rewards and/or terminate your participation in the Program if we determine, in our sole discretion, that you are not in compliance with any of the foregoing, including but not limited to, your noncompliance with the FTC Guides and failure to clearly and conspicuously include the required hashtag #madvikingpartner (or similarly approved language as set forth in Exhibit A). Participant further represents and warrants that he/she has obtained any and all necessary consents of any Permitted Third Party.

4. REWARDS DETERMINATION

Once you earn Rewards, you will be emailed those Rewards to the email address you registered with the Program. Rewards and the criteria to qualify for Rewards may change from time to time, and Rewards may be offered on a limited basis.

We reserve the right to suspend the distribution of Rewards at any time and indefinitely, if we suspect any improper activity or a potential breach of any of the terms of this Agreement by the Participant.

We reserve the right to immediately cancel or withhold for later review any Rewards for any Post(s) that fail to comply with Section 3 or Section 8 of this Agreement.

We reserve the right, in our discretion, to change or modify the available Rewards at any time.

5. POLICIES AND PRICING

We may change our terms, policies and procedures at any time consistent with applicable laws. Since prices and availability may vary from time to time, Participant may not display Mad Viking price information on Participant’s Post without Mad Viking's prior written approval. We will use commercially reasonable efforts to present current and accurate information, but cannot guarantee the availability or price of any particular product.

6. OWNERSHIP

As between Participant and Mad Viking, Mad Viking shall own all rights, title and interest, including all Intellectual Property Rights, in and to Mad Viking’s website and this Program. For the purposes of this Agreement, “Intellectual Property Rights” means copyright rights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, authors’ rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the laws of the United States or any other state, country or jurisdiction.

7. LICENSE TO USE OF POSTS AND PARTICIPANT’S IMAGE

We agree that you shall retain ownership rights to your Posts and you hereby grant us the perpetual, worldwide, royalty-free right and license to publish, copy, re-post, link to or otherwise use your Posts, your Social Platform handle, your name, and your image and likeness as depicted in a Post, in whole or in part, for any purposes in our discretion, in any and all medium, without limitation, additional compensation, notice, review or approval.

8. RESPONSIBILITY FOR PARTICIPANT’S SOCIAL PLATFORM

Participant will be solely responsible for all content that appears on Participant’s Social Platform. Such responsibility includes, without limitation: (i) the accuracy, timeliness and appropriateness of content posted on or to Participant’s Social Platform; (ii) ensuring that posted materials do not violate or infringe upon the rights of any third party; and (iii) ensuring that posted content is not libelous or otherwise illegal.

9. COMMUNICATIONS

By enrolling in the Program, you agree to be subscribed to Mad Viking marketing emails, including but not limited to Program-related communications, at the email address registered with the Program. You may opt-out of receiving marketing emails from Mad Viking at any time by clicking the “unsubscribe” link in the email to manage your preferences.

10. INDEMNITY

Participant shall defend, indemnify and hold Mad Viking LLC and its subsidiaries, affiliates, franchisees, officers, directors and employees harmless from all claims, damages, and expenses (including, without limitation, reasonable attorneys’ fees) relating to Participant’s breach of this Agreement or gross negligence.

11. TERM AND TERMINATION

The term of this Agreement will begin as soon as Participant enrolls into the Program and will end when terminated by either party (the “Term“). Either party may terminate this Agreement at any time, with or without cause, by giving the other party notice by email.

Mad Viking LLC expressly reserves all rights to terminate the Program, in whole or in part, at any time for any or no reason, as determined in its sole discretion, by giving Participant notice by email.
Upon termination of this Agreement, Participant shall promptly remove all Program-related content from Participant’s Social Platform. Participant is only eligible to earn Rewards for Posts displayed during the Term. Any provisions that by their express terms do, or by their nature should, shall survive the termination of this Agreement.

12. MODIFICATION

We may modify this Agreement at any time in our sole discretion; provided that the change shall solely apply to events occurring after the date on which you accept and agree to such modifications unless you otherwise agree herein. Modifications may include, but are not limited to, changes in the scope of available Rewards and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement, in which event you shall be entitled to your rights under the unmodified Agreement prior to the date of the applicable modification. Your continued participation in the Program following our posting of any modification will constitute binding acceptance of the change.

13. INDEPENDENT CONTRACTOR RELATIONSHIP

For purposes of this Agreement, Participant will not be considered an agent, employee or representative of Mad Viking and shall remain in all respects an independent contractor. You will have no authority to make or accept any offers or representations on our behalf. Participant has no authority to act for or on behalf of Mad Viking LLC or to bind Mad Viking LLC in any legal contracts.

14. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT MAD VIKING SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE PROGRAM (HOWEVER ARISING, AND REGARDLESS OF THE THEORY OF RECOVERY), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR TOTAL LIABILITY TO PARTICIPANT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

15. DISCLAIMER OF WARRANTY

THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, MAD VIKING MAKES AND GIVES NO WARRANTY (i) THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THAT THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. MAD VIKING FURTHER MAKES NO REPRESENTATION THAT THE OPERATION OF MAD VIKING’S WEBSITE AND/OR THE LOUDCROWD WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR ANY SUCH INTERRUPTIONS OR ERRORS.

16. MISCELLANEOUS

Any notice provided for or permitted under this Agreement will be treated as having been given when (i) delivered personally, (ii) sent by email; (iii) sent by nationally recognized commercial overnight courier with written verification or receipt; or (iv) mailed postage prepaid by certified or registered mail, return receipt requested, to the party to be notified, at the address provided by Participant during enrollment, in the case of Participant, and the postal and/or email address, as applicable, set forth below for Mad Viking. This provision shall not apply to Section 12, “Modifications.”

Address:

Attn: Legal

Mad Viking LLC

107 Reagans Ridge Dr, Pulaski, Pa 16143

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not impair, affect or render invalid or unenforceable any other provision of this Agreement, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provisions.

17. GOVERNING LAW; ARBITRATION; NO CLASS ACTION

This Agreement shall be governed by and construed under the laws of the State of Pennsylvania, without regard to its conflict of laws and principals. Furthermore, any and all disputes, claims and causes of action arising out of or connected with this Agreement and/or the Program, will be resolved individually, without resort to any form of class action.

18. CONFIDENTIALITY

Each of the parties hereto agrees that all information, including, without limitation, the terms of this Agreement, business and financial information, Mad Viking pricing and sales information, shall remain strictly confidential and shall not be utilized for any purpose outside the terms of this Agreement accept and solely to the extent that any such information is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party any obligation of confidentiality to the disclosure hereunder. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) to any person pursuant to a valid subpoena or order issued by any court or administrative agency of competent jurisdiction, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process.

19. ENTIRE AGREEMENT

This Agreement, including any Exhibit attached hereto, constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or simultaneous representations, discussions, negotiations and agreement, whether written or oral.

Exhibit A

Social Media Endorsement Policy

Purpose and scope

Mad Viking LLC (“Mad Viking”), a Pennsylvania LLC, is committed to transparency and honesty in all of its advertising messages and promotional communications with consumers. One of the most common ways to advertise and market products in social media is to use third party endorsements. Like other types of advertising, endorsements must be truthful and not misleading. Consumers must understand when a social media endorsement is sponsored by Mad Viking.

This Social Media Endorsement Policy (“Policy”) applies to all agencies, independent contractors, speakers, writers, talent, influencers, and any other individual or entity engaged in promotional communications on behalf of Mad Viking on social media.

By entering into the User Generated Content Agreement with Mad Viking, you acknowledge that you have received and read a copy of this Policy and understand and agree to comply with its terms. You further agree that Mad Viking expressly reserves the right to change, modify, or delete the provisions of this Policy at any time without notice.

Defining an endorser covered by this policy

An individual or entity communicating on social media is covered by this Policy if its promotional messages about Mad Viking or its products and/or brand are sponsored by Mad Viking (“Sponsored Endorser“). If the individual or entity is acting independently, it is not subject to this Policy.

A message is sponsored by Mad Viking if Mad Viking has a “Material Connection” with the individual or entity. A Material Connection is a tie to Mad Viking which if known to consumers might make consumers question the credibility of the endorser, or materially affect the weight consumers place on the endorsement. It puts the endorser’s independence in question. For example, Mad Viking creates a Material Connection if Mad Viking does any of the following either directly or through an advertising agency, public relations firm, or other third party:

Hires an agency to blog, post, or serve as a community manager on Mad Viking's behalf (both the agency and its employees then become Sponsored Endorsers).
Enters into an agreement with an individual to blog or post.
Pay’s an individual to blog or post.
Provides free accommodations or travel to an individual for a Mad Viking event or experience.
Provides discounts, sweepstakes entries, or other incentives to an individual.
Provides an individual with free prizes for giveaways or sweepstakes on social media platforms.
Provides an individual with free samples to review on social media platforms.
Provides an individual with free samples after that person has blogged or posted independently, especially if providing the free samples creates the expectation of additional free samples (which makes the individual a Sponsored Endorser going forward, not retroactively).
Engages affiliate marketers to advertise, blog, endorse, or sell on Mad Viking's behalf (making the affiliates and their employees Sponsored Endorsers).

Mad Viking can turn its everyday consumers into Sponsored Endorsers by:

Establishing a consumer marketing program that gives members free products, coupons, discounts, or other benefits.
Providing incentives to consumers to review Mad Viking products.
Requiring sweepstakes or contest participants to post photos of Mad Viking products as part of their entries.

This list, though comprehensive, is not exhaustive. Check with the Mad Viking legal department for any questions about whether Mad Viking behavior or actions has created or will create a Material Connection with a third party.

Disclosing a material connection clearly and conspicuously

When posting about Mad Viking products, Mad Viking requires Sponsored Endorsers to disclose their Material Connection to Mad Viking clearly and conspicuously. If a Sponsored Endorser has multiple Material Connections to Mad Viking, the full extent should be disclosed.

This Policy does not require specific language to disclose a Material Connection, but Sponsored Endorsers must communicate the Material Connection effectively so that consumers:

Can easily find it.
Can easily understand it.
Obtain sufficient information from it to make a judgment about the credibility of the endorsement.

Consult Appendix A to this Policy for examples of language that successfully communicates a Material Connection, and language that does not do so.

To ensure a disclosure is clear and conspicuous, appropriate consideration should be given to the limitations and nature of the platform being used. Sponsored Endorsers must:

Ensure the disclosure is:
- well-placed so it can be easily noticed; and
- prominent so it can be easily read.
Avoid burying the disclosure:
- in a bio;
- below the fold;
- in a hyperlink, like a “Legal” or “Disclosure” button; or
- among a series of hashtags, other disclosures, or general copy.
Superimpose a Material Connection disclosure on images, including on Snapchat and Instagram Stories. The disclosure should be:
- easy to notice and read in the time that followers have to look at the image; and
- well-contrasted against the image.
In video posts, including podcasts:
- place the disclosure both within the video itself, and in the description of the video; and
- display the disclosure long enough for a consumer to be able to read and understand it.
In Instagram posts, disclose a Material Connection before the “More” button.
For a live stream, repeat the disclosure as needed to ensure that consumers see it or keep it posted throughout the live stream.
If the posts are part of an online chat or tweets, or a similar thread, make the disclosure clearly in the first entry into the conversation thread, and then add to subsequent entries at 3-10 entry intervals depending on the media and the length of the thread.
Disclose the Material Connection even when just tagging Mad Viking or its products in a photo.

A social media platform may have a required tool or feature for paid endorsements. Although these tools or features must be used to comply with the platform’s rules, they should not be relied on alone to meet FTC disclosure requirements.

When a sponsored endorser fails to comply with this policy.

Mad Viking may take reasonable steps to correct any failure to disclose a Material Connection or communication of any unsubstantiated claims by a Sponsored Endorser. The Mad Viking team may take the following steps:

If an agency or other third party manages or is otherwise involved with the Sponsored Endorser relationship, alert the third party to the issue.
Consult with the Mad Viking legal department to determine whether a correction is needed, and how best to make it.
If needed, require the Sponsored Endorser to make the correction or post the correction on the Sponsored Endorser’s post or page directly.
Determine if it is necessary to:
- withhold payment from the Sponsored Endorser; or
- terminate the relationship with the Sponsored Endorser.

All written agreements with Sponsored Endorsers must give Mad Viking the right to take any of these corrective measures for noncompliance with this Policy.

Compliance with related policies

All other Mad Viking policies that apply to social media use remain in full force and effect.

Appendix A

Best practices for disclosure language

As stated in the Policy, Sponsored Endorsers are required to disclose Material Connections to Mad Viking. For certain campaigns, Mad Viking may require Sponsored Endorsers to use specific disclosure language. Listed below is sample disclosure language. Alternative but substantively comparable language may also be used where appropriate. Mad Viking prohibits certain hashtags and other disclosure practices specifically found by the FTC as insufficient. The goal for a Material Connection disclosure is to ensure it is readily seen and understood by consumers, and accurately describes Mad Viking's relationship with the Sponsored Endorser.

Statements about the Material Connection should identify the nature of the connection, such as:

For receipt of free products:
- I received free beard oil from Mad Viking;
- Mad Viking sent me free products or samples to review;
- Mad Viking gave me this product to try; or
- Thanks Mad Viking for dropping free beard balm off at the studio.
For paid Sponsored Endorsers:
- I was paid by Mad Viking;
- I was hired by Mad Viking to post about its products, including this bottle of beard oil;
- I have partnered with Mad Viking to promote its handcrafted beard balm and other products; or
- I am a paid brand ambassador for Mad Viking.
For receipt of travel and accommodations:
- Mad Viking paid for my travel and hotel to visit its headquarters/sample its products/attend a beard competition/etc.
For receipt of a prize to be given away in a sweepstakes or contest:
- Mad Viking Beard Co. is providing the prize[s] for this program at no cost to me.
For incentivized consumer reviews:
- I received a sweepstakes entry/discount/coupon for making this review.
- I am part of Mad Viking program that gives me free samples/coupons/discounts; or
- Reviewers on this page received a sweepstakes entry/discount/coupon for making their reviews.
For personal relationships:
- I am a friend of/related to/etc. the [NAME OF MAD VIKING PRINCIPAL].
For other Material Connections:
- “Advertisement”;
- “Sponsored”;
- “Paid ad”; or
- “Ad:” (this would go at the beginning of the statement to indicate the statement is an ad).

If using a hashtag to identify a Material Connection, make it unambiguous, such as:

For receipt of free products:
#ad.
#sponsored.
#madvikingambassador.
#MadVikingendorser.
For paid Sponsored Endorsers:
#ad.
#paid.
#paidpartnership.
#MadVikingpartner.

Avoid ambiguous hashtags to identify Material Connections, such as:

#sp.
#spon.
#thanksMadViking.
#teamMadViking.
#ambassador.
#consultant.
#partner.
#adviser.
#collab.

Additionally, if a Sponsored Endorser has posted a “Disclosure and Relationships Statement” section on their blog, website, profile page, or similar site, the statement should:

Fully disclose how the endorser is working with Mad Viking.
Disclose how the endorser works with other companies generally.
List any conflicts of interest that may affect the credibility of the sponsored or paid reviews.