CLIENT-SPECIFIC TERMSNotwithstanding anything to the contrary in the Agreement, Influencer acknowledges and agrees as follows:a. MEC Group. For purposes of this Agreement, references to Client and Client's affiliates shall include Monster Energy Company, Energy Beverages LLC, Reign Energy Beverage Company, and each of their respective parent, subsidiary and affiliated companies (collectively, the "MEC Group").b. Client Marks. Notwithstanding anything to the contrary in the Agreement, Influencer's right to use any Client Marks is strictly limited to use of the FLRT™ and related Client-approved trademarks, service marks, trade dress, slogans, logos, taglines, labels and other designs and product identification solely within approved Posts created and published in connection with the Campaign, solely during the applicable Term, and solely in accordance with the Creative Brief, Creative Treatment, social media guidelines, and any other written instructions provided by Collectively or Client. Influencer shall not use, or permit any other person or entity to use, in connection with the Campaign, any name, word, phrase, symbol, design or combination thereof that is similar to, likely to cause confusion with, detrimental to, or likely to dilute the distinctive character of any Client Marks.c. Content Restrictions. Influencer shall not create, post, publish, deliver, or otherwise include in any Services, Content, Posts, or other materials provided or made available in connection with the Campaign any content that: (i) depicts, features, refers to or targets any person who is a minor, unless expressly approved in advance in writing by Collectively and Client; (ii) contains or promotes materials or activities that are sexually explicit, obscene, pornographic, violent, discriminatory, illegal, offensive, threatening, profane, harassing, or otherwise inconsistent with the Creative Brief, Creative Treatment, or any social media, endorsement, brand safety or other guidelines provided by Collectively or Client; (iii) contains or promotes underage drinking, substance abuse, unsafe consumption, or any illegal or irresponsible activity; (iv) is libelous, defamatory, discriminatory, illegal, intentionally false, obscene, offensive, profane, intentionally misrepresentative or disparaging to or of Collectively, Client, the Client Marks, Client products, the FLRT Energy® brand or the Monster Energy® brand; or (v) includes creative content generated by any AI Product, except to the extent expressly approved in advance in writing by Collectively and Client in accordance with Section 5(d) of these Campaign Details.d. AI Approval. Without limiting Section 15 of the General Terms, Influencer shall not use any AI Product, artificial intelligence, machine learning, generative artificial intelligence, or similar tool or technology to create, generate, modify, or assist in the creation, generation or modification of any final or external-facing Services, Content, Posts, or other materials in connection with the Campaign without Collectively's and Client's prior written approval. Any request for approval must include the information required under Section 15 of the General Terms and any other information reasonably requested by Collectively or Client. Influencer shall not input any Confidential Information of Collectively or Client into any AI Product or other artificial intelligence tool or technology. Any unauthorized use of an AI Product or other artificial intelligence tool or technology in connection with the Campaign shall constitute a material breach of this Agreement.e. Morals Termination Right. Without limiting Section 9 of the General Terms, if Influencer is involved in any actual, alleged or publicized conduct that is illegal or involves an act of moral turpitude, or that, in Client's sole and absolute discretion, is otherwise grossly offensive, violates generally accepted standards of behavior, or leads Client to believe or conclude that public association with Influencer would tend to subject Client, the FLRT Energy® brand, the Monster Energy® brand, Client products or Client Marks to ridicule, contempt, controversy, embarrassment or scandal, then Collectively may, at Client's direction, terminate this Agreement immediately upon written notice to Influencer, with no further liability to Influencer except for any amounts required to be paid under applicable law.f. Confidentiality. Without limiting Section 11 of the General Terms, Influencer acknowledges and agrees that all non-public information regarding Client, the Campaign, Client products, the FLRT Energy® brand, the Monster Energy® brand, product ideas or design information, proposals, contracts, customer lists, marketing plans, sales plans, business concepts, performance standards, business plans, strategic information, ideas in development, creative materials, launch plans, and other business, marketing, product or strategic information disclosed or made available to Influencer in connection with the Campaign constitutes Confidential Information.g. Indemnification. In addition to the indemnification obligations set forth in Section 13 of the General Terms, Influencer shall indemnify Collectively, Client and each of their parent, subsidiary, and affiliate entities, and the respective past and present representatives, predecessors, directors, officers, stockholders, partners, owners, servants, employees, members, managers, agents, attorneys, affiliates, successors, and assigns of each of the foregoing from and against any all claims arising from or in connection with: (A) Influencer’s breach or default, or threatened breach or default of the Influencer Agreement, (B) Influencer’s use of the Client Marks in a manner that violates Client’s instructions with respect thereto, or (C) any claim that any Influencer Content (excluding any portion provided by Client) (1) infringes or misappropriates any rights of a third party, or violates applicable laws or third party agreements, (2) depicts or refers to any person who is a minor, (3) contains materials which are (or promoting activities which are) sexually explicit, obscene, pornographic, violent, discriminatory (including discrimination based on race, sex, religion, natural origin, physical disability, sexual orientation, or age), illegal (e.g., underage drinking, substance abuse), offensive, threatening, profane, or harassing, (4) contains materials which are libelous, defamatory, discriminatory, illegal, intentionally false, obscene, offensive, profane, intentionally misrepresentative or disparaging to and/or of any MEC Group, the Client Marks, the Client products and/or the FLRT Energy® brand or Monster Energy® brand, or (5) includes creative content generated by generative artificial intelligence.h. No Illegal Substances. During the Term, Influencer shall not use or possess any drugs or other substances, the use or possession of which is illegal or prohibited by applicable law, rules or regulations.i. Improper Payments; Trade and Anti-Corruption Compliance. Influencer represents, warrants and covenants that Influencer and Influencer's representatives shall comply with all applicable U.S. trade, sanctions, anti-corruption, anti-bribery and similar laws and regulations in connection with this Agreement and the Campaign. Influencer shall not, directly or indirectly, provide, make, offer, promise, authorize or agree to provide or make any payment, fee, commission, rebate, contribution, gift, gratuity, entertainment, benefit or anything else of value to or for the benefit of any current or former director, officer, attorney, employee, agent, representative or consultant of Collectively or Client, or any other person, in order to obtain or retain business, influence any act or decision, or secure any improper advantage in connection with this Agreement or the Campaign.j. Direct Agreement with Client. Notwithstanding anything to the contrary under Section 18 of the General Terms, if, for any reason, Collectively becomes bankrupt or insolvent, is placed in the hands of a receiver or trustee, whether by voluntary act of Collectively or otherwise, or is dissolved prior to expiration or termination of this Agreement, then Influencer shall, at Client's request, enter into an agreement directly with Client upon the same terms and conditions as this Agreement for the remainder of the Term.
