CLUB M·A·C

Terms of service

CLUB M·A·C – TERMS & CONDITIONS (USA)

Last updated: December 4, 2025

Welcome to Club M·A·C, the official brand advocacy program of M·A·C Cosmetics (“MAC,” “we,” “us,” or “our”). These Terms & Conditions (the “Terms” or “Agreement”) govern your participation as a member of Club M·A·C (the “Program”). By joining or participating in the Program, you (“you,” “your,” or “member”) agree to comply with these Terms and all applicable U.S. laws, state and local rules or regulations, including but not limited to Federal Trade Commission (“FTC”) disclosure guidelines. Additionally, the terms and conditions accessible at www.maccosmetics.com/terms-conditions (the “Online Terms”) are hereby incorporated by reference into these Terms herein. The Online Terms contain provisions that govern disputes between you and M·A·C. By agreeing to participate in the Program, you accept and acknowledge that these terms may be amended from time to time.

PROGRAM OVERVIEW

Club M·A·C is a community of passionate M·A·C Cosmetics fans, creators, and advocates (“Members”) who promote M·A·C products through social content, challenges, and authentic recommendations. Participants earn rewards, exclusive access, and/or commissions for completing Program-approved activities through the hosting platform (e.g., Duel). Participation is voluntary and not an offer or guarantee of employment, agency, or endorsement status.

PROGRAM REQUIREMENTS

As a Club M·A·C Member, you agree to:

● Complete Program tasks and challenges as outlined in your Member dashboard.

● Post content that features M·A·C products in a positive, authentic, and brand-aligned way.

● Tag and mention M·A·C’s official handles @maccosmetics.

● Include the required hashtags in all Program-related content: #ClubMAC and #ad.

● Post only original content that complies with FTC guidelines, as set forth in Section 4, and does not infringe any third-party rights (including but not limited to name/image/likeness of other individuals, photos, videos, third party products, music, trademarks, logos, service marks, and brand names).

● Avoid references to competitor brands or non-M·A·C products in the same post.

● Maintain a public social profile during your participation in the Program.

Timing Requirement: Your first post must go live within 30 days of receiving your first M·A·C product or activation task.

Members agree to use the M·A·C product only in connection with Club M·A·C and Club M·A·C activities as set forth herein or for Members’ own personal use. Members will not sell such M·A·C product to any third parties, nor use such M·A·C product as promotional items in giveaways, contests, or sweepstakes, without the prior written approval of M·A·C.

Employees of M·A·C or any of M·A·C’s affiliates, parent companies, or subsidiaries are not eligible to participate in the Program. 3

CONTENT GUIDELINES

When creating and posting content as part of Club M·A·C:

● Ensure M·A·C products are clearly visible and accurately represented.

● Do not use copyrighted materials, including but not limited to music, logos, photos, videos or imagery without securing all proper rights or permission.

● You must not include: a) profanity, adult or illegal material, or any content that could harm M·A·C’s reputation and/or mentions, images or references to any offensive, harmful (including homophobic, transphobic, or racist), or illegal content; b) degenerative comments towards competitors, employees, social personalities or religious characters; c) make any false, misleading, or deceptive statement and will not make any product performance or attribute claims about M·A·C Cosmetics products (Members may express opinions, but will not make factual claims about the M·A·C products) without prior written approval of M·A·C; d) unlicensed music or music that is not included in the commercial libraries from the platform that you are posting (TikTok’s Commercial Sound Library or Meta’s Sound Collection for Facebook or Instagram) e) content that infringes on the intellectual property rights of any third party (including but not limited to name/image/likeness of other individuals, photos, videos, third party products, music, trademarks, logos, service marks, and brand names) or privacy of any third party.

● Avoid political, religious, or controversial commentary.

● Content should feel creative, confident, and inclusive, respectful and appropriate for all audiences — true to M·A·C’s brand voice.

● Ensure all your statements accurately reflect only your honest, current opinions and beliefs based on your personal experience with M·A·C products.

M·A·C may review content for quality or brand alignment and reserves the right to request removal or edits to any content that violates these Terms. Additional 4 requirements for generated content are set forth in the Online Terms.

Members are solely responsible for all content submitted, uploaded, posted, shared, or otherwise made available as part of Club M·A·C.

By creating and posting content as part of Club M·A·C, you represent and warrant that the Content does not infringe, misappropriate, or otherwise violate any statutory common or civil law or other rights of any third party in or to intellectual property rights therein and to your knowledge, no party has asserted, is asserting, has threatened to assert, or has any reasonable basis to assert a claim of any of the foregoing.

DISCLOSURE REQUIREMENTS (FTC COMPLIANCE)

You must comply with all FTC guidelines, including disclosure rules. You must make clear and conspicuous disclosures whenever there is a material connection between you and MAC — including receiving free products, commissions, or any other benefits.

Examples of disclosures include:

● “Sponsored by MAC Cosmetics”

● “Thanks to MAC Cosmetics for gifting these products!”

● “#ad #ClubMAC”

Disclosure must appear within the first two lines of your caption and, when spoken or written within the video, within the first 30 seconds of video content.

For guidance, please review the FTC’s Endorsement Guides and Disclosures 101 for Influencers: https://www.ftc.gov/business-guidance/resources/disclosures-101-social-media-influencers

REWARDS AND COMPENSATION

Depending on your tier and performance, you may be eligible for:

● Commission on qualifying purchases tracked through your unique affiliate link;

● Product gifting or discount codes;

● Access to exclusive experiences or events.

Commission payments will be processed by the Program platform (e.g., Duel) and paid via PayPal approximately 45 days after a qualifying purchase, allowing for order verification and returns. By participating in the Program, you agree to receive compensation from Duel for the content created by you. Nothing contained herein shall be construed as an obligation by M·A·C to pay you for any compensation owed under the Program.

M·A·C reserves the right to adjust, withhold, or cancel payments for any ineligible or non-compliant activity (e.g., leaked codes, non-organic traffic).

OWNERSHIP & USAGE RIGHTS

You retain ownership of your original content, excluding all M·A·C intellectual property (trademarks, trade names, services marks, brand, logos, etc.) and all content provided by M·A·C, as set forth in the Online Terms.

By participating, you grant M·A·C Cosmetics a worldwide, perpetual, royalty-free license to use, repost, modify, or feature your content (including name, handle, likeness, and voice) for marketing, editorial, and/or promotional purposes across all media channels, now existing or later developed.

Where possible, M·A·C will credit you using your handle or name, though attribution is not guaranteed.

TERMINATION

You may withdraw from the Program at any time by deleting your account.

An advocate can delete their Club MAC account via the Settings section within your portal. To do this the advocate needs to:

  1. Log into Advocate Portal
  2. Click Settings
  3. Expand "Account deletion"
  4. Click "Delete account" button
  5. Type in their password
  6. Provide a reason for account deletion (optional)
  7. Click "Delete account" button

After that their account will be immediately deleted and logged out.

M·A·C may terminate its relationship with you for any reason. Notwithstanding the foregoing, Duel shall pay you any due compensation as set forth in Section 5 for any services provided prior to notice of termination unless your posts for the Program breached any obligation set forth herein.

Additionally, M·A·C may suspend or terminate your participation immediately if:

● You fail to comply with these Terms or FTC guidelines;

● You fail to post at least once on your IG Grid within 30 days after receiving your M·A·C Cosmetics product;

● 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;

● Your account remains inactive for 3 months or longer;

● 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 our M·A·C Cosmetics guidelines; and/or c) posting or submitting content that doesn’t meet the terms outlined in this Club M·A·C Terms and Conditions,

● You post or associate M·A·C with inappropriate, misleading, or damaging content.

Upon termination, all access to rewards and commission tracking will cease immediately.

RELATIONSHIP OF THE PARTIES

You are participating as an independent contractor, not an employee, agent, or representative of M·A·C Cosmetics. Accordingly, your engagement with M·A·C Cosmetics does not make you an employee of M·A·C Cosmetics, and nothing herein shall be construed as creating any relationship of employer/employee, partnership, agency, joint venture, or otherwise between the parties. You acknowledge that your participation in Club M·A·C hereunder shall not entitle you to employee benefits as an employee of M·A·C Cosmetics with respect to workers’ compensation, disability benefits, health, medical or life insurance programs, pension, profit sharing or other employee benefit plans or any other program or benefit maintained by M·A·C Cosmetics. Additionally, neither party shall have any right to obligate or bind the other party in any manner other than as outlined herein, and nothing herein shall give, or is intended to give, any rights of any kind to any third-party.

LIABILITY & INDEMNITY

You agree to hold M·A·C Cosmetics harmless against any loss, damage, or claim arising from your participation in the Program, your content, or your breach of these Terms.

M·A·C is not responsible for any content created under this Agreement and shall not be liable to you or any third party for any content created hereunder.

M·A·C’s total liability to you shall not exceed the total value of rewards earned under the Program.

REPRESENTATIONS

You represent and warrant you that you have all right, power, and authority necessary to enter into this Agreement, perform its obligations hereunder, and grant the rights it grants to M·A·C hereunder and that you have the sole and exclusive rights in your persona (i.e., your performance, name, nicknames, likeness, social media handles, username, photograph, voice and/or testimonial, statements, or a combination thereof that identifies you), you are the photographer/videographer of the posted content, and you are the only one who appears, or you have the rights from everyone who appears or has collaborated in the content.

GOVERNING LAW

These Terms are governed by and construed under the laws of the State of New York, without regard to conflict-of-law principles. Any disputes arising from the Program shall be subject to the exclusive jurisdiction of the courts located in New York, NY.

GENERAL

12.1 No Publicity. Except as is necessary in performing the Services, you may not advertise or promote using M·A·C ’s name, and you may not use M·A·C in your advertising, publicity, or promotional materials. Additionally, you shall not discuss the Agreement with the press or the public.

12.2 Assignment. You may not transfer the Agreement or any of its rights or obligations hereunder without the prior written consent of M·A·C.

12.3 Compliance with Laws. You will comply with all laws in effect now that relate to your performance under this Agreement. You shall maintain any licenses and/or permissions that you need to carry out your obligations hereunder.

12.4. AI in Content. Members may not use any kind of artificial intelligence, engineered system, automated content, intelligence of machines or software (“AI”) to generate or modify the content, without the prior, written approval of M·A·C. This includes using AI to generate or alter text, voices or photos/videos.

ACCEPTANCE

By clicking “I agree to the Terms & Conditions” during sign-up or continuing to participate in the Club M·A·C Program, you acknowledge that you have read, understood, and agreed to these Terms.

Make-up Art Cosmetics, Inc. 130 Prince Street, New York, NY 10012 www.maccosmetics.com


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