OVERVIEW

The LANDS’ END CREATOR COMMUNITY Program (“Program”) is offered by LANDS’ END (“LANDS’ END,” “us,” or “we”) and administered by or through LoudCrowd Inc. and Tremendous, LLC. The Program provides eligible LANDS’ END fans (each a “Participant” or “you”) with the opportunity to earn commissions, special discounts, free LANDS’ END products, and/or other benefits (collectively, “Incentives”) by creating a LANDS’ END storefront through the Program and promoting LANDS’ END’s products to their social media followers.

When you apply to enroll in the Program, you fully and unconditionally agree to and accept these Terms and the decisions of LANDS’ END. You acknowledge that the collection and use of your data will be governed by the LANDS’ END Privacy Policy . Note that your Program account will be operated by LoudCrowd, and all payments to you will be made via Tremendous. By applying to participate in the LANDS’ END CREATOR COMMUNITY and, if accepted into the Program, setting up your storefront, you also agree to the LoudCrowd Terms and Privacy Policy, and the Tremendous Terms and Privacy Policy .

ELIGIBILITY

To be eligible to participate in the Program, you must be a legal resident of the United Kingdom (“Territory”) and at least eighteen (18) years old, and have a genuine following on a single social media account (“Social Account”) on either Instagram or TikTok that meets any minimum-follower or other eligibility criteria established by LANDS’ END from time to time in its sole discretion.

Potential Participants will be evaluated for admission to the Program based on the above criteria as well as the alignment of the content of their Social Account to the LANDS’ END brand aesthetic and other criteria which will be determined in LANDS’ END’s sole discretion, LANDS’ END’s evaluation of any application is in its sole and final discretion.

Corporate entities are not eligible and have no right to claim any Incentive earned by their employees. Employees, officers, directors, agents, and representatives of LANDS’ END, its advertising and promotion agencies, and any other entities participating in the design, promotion, marketing, administration, or fulfillment of this Program, as well as each of their respective parent companies, subsidiaries, and affiliated companies (collectively, the “Released Parties”). This Program is open only to residents of the United Kingdom and is void elsewhere and where prohibited by law.

HOW TO APPLY FOR THE PROGRAM

To apply for the Program, potential Participants must visit the Program application page designated by LANDS’ END and fill out an application with all required information. If you are approved to join the Program, you will receive information on how to create your LANDS’ END CREATOR COMMUNITY account and the personalized LANDS’ END product listing page at www.landsend.co.uk created by Participant after acceptance into the Program (“Storefront”).

By applying to participate in the Program, you agree to receive emails from LANDS’ END including but not limited to Program-related communications, at the email address registered with the Program.

EARNING INCENTIVES; PROGRAM ACTIVITIES

Participants have the opportunity to earn Incentives through the Program, including commissions on qualifying purchases. Current Incentives and Program details are set forth on Exhibit B. In addition, LANDS’ END may choose to offer bonus Incentives at any time in its sole discretion, and any bonus Incentives will be subject to the terms set forth at the time they are offered. Some bonus Incentives may not be open to all Participants. Activities that occurred prior to your enrollment in the Program do not qualify for this Program and will not earn you Incentives.

Commission Calculation. In order to be eligible for a commission, a third party must shop with www.landsend.co.uk through your Storefront and purchase Eligible Merchandise (as defined in Exhibit B) within 30 days of their visit to your Storefront without having visited another Participant’s Storefront in the interim. You are not eligible to earn commissions on your own purchases. The commission paid will be the rate(s) applicable on the Earning Date multiplied by the Net Sales. “Net Sales” means the amount actually received by LANDS’ END from Eligible Merchandise after all discounts are applied, less returns, taxes or other applicable governmental fees, shipping, handling, delivery surcharges, processing charges. To the extent the Program offers differing commission rates for differing categories of Products, the commission will be calculated by applying the applicable rate to the relevant category of Eligible Merchandise.

If you or we have terminated or suspended your participation in the Program prior to the Earning Date, no commission will be earned, even if the purchase of otherwise commission-eligible merchandise occurred prior to the termination or suspension effective date.

Commission Revocation and Clawback. Notwithstanding anything to the contrary in these Terms, LANDS’ END reserves the right, in its sole and absolute discretion, to withhold, reduce, reverse, revoke, or recover any commission or other Incentive, whether or not it has already been earned, credited, or paid, where LANDS’ END determines that the underlying sale or activity (i) resulted from the unauthorized distribution, sharing, or publication of any discount, promotional, or referral code, including the posting of any such code to coupon, deal, or other third-party websites; (ii) was generated, in whole or in part, through paid advertising, search engine marketing, bidding on LANDS’ END or LANDS’ END-related trademarks or keywords, or any other paid placement not expressly authorized by LANDS’ END in writing; (iii) involved self-purchases or fraudulent, fake, incentivized, or otherwise non-bona fide transactions, or orders that are later cancelled, returned, refunded, charged back, or unpaid; or (iv) otherwise violated these Terms, the Requirements, or applicable law. If any such commission or Incentive has already been paid, Participant agrees to repay it promptly upon LANDS’ END’s request, and LANDS’ END may offset the amount against any future Incentives otherwise payable to Participant. Any determination by LANDS’ END under this paragraph is final and binding.

Other Incentives. For any other Incentives, they will be earned as set forth in Exhibit B or in the terms applicable to any bonus Incentive.

Earning Date. Incentives are earned once they are confirmed by LANDS’ END, or in the case of commissions, on the day following the close of the then-applicable return period (in each case, the “Earning Date”). For instance, if LANDS’ END offers a five (5) post/month bonus Incentive, and you compliantly post five (5) times during April, LANDS’ END will confirm in May that the goal was reached, and as set forth below, you will be paid on the first business day of June.

Payments. Payments are made on the first business day of each month for all Incentives earned in the prior month. All payments to Participants will be made via Tremendous. You will receive a link via email from Tremendous, through which link you will direct Tremendous as to how to disburse your payment. LANDS’ END has no responsibility or liability for payments that Participant is unable to access at Tremendous or if Participant’s Tremendous payment retrieval link is accessed without your authorization and the sums directed in an unauthorized manner. Delivery of payment by LANDS’ END to LoudCrowd or Tremendous fully satisfies LANDS’ END’s payment obligations hereunder, and you fully and finally waive any ability to seek compensation directly from LANDS’ END.

Tremendous may limit how long you have to retrieve your payment. Please consult Tremendous’ terms or contact Tremendous if you have questions regarding this topic.

PARTICIPANT RESPONSIBILITIES AND COMPLIANCE

Participant is required to create and maintain a Storefront and to promote LANDS’ END Product and the Participant’s Storefront on their Social Accounts, driving traffic to the Storefront from their Social Accounts. Participant will be solely responsible for all content that appears on Participant’s Social Account, including without limitation the accuracy, timeliness, and appropriateness of the Materials.

Note that because prices and availability of Product may vary from time to time, Participants are prohibited from including any price information in their Materials.

Any and all Product used by Participant in connection with Materials (defined below) is at Participant’s sole cost and expense and will not be reimbursed by LANDS’ END. Likewise, transportation to and from any location in connection with Materials creation is at Participant’s sole cost and expense. However, from time to time, LANDS’ END may gift Product to Participant as determined in its sole discretion.

It shall be your sole responsibility to maintain the accuracy and confidentiality of your e-mail address, password and any other account identifiers related to your LANDS’ END [CREATOR COMMUNITY] account and Tremendous account, and for restricting access to your computer(s). You agree to accept sole responsibility for any and all activity that occurs under such accounts.

It is Participant’s sole responsibility to comply at all times with these Terms; the then-current LANDS’ END’s CREATOR COMMUNITY Style Guide, which may be provided to you by any reasonable means, including via the CREATOR COMMUNITY landing page, and which may be updated in LANDS’ END’s sole discretion; the CREATOR COMMUNITY Guidelines attached to these Terms as Exhibit A; the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the “CAP Code”) administered by the Advertising Standards Authority (the “ASA”), and the Competition and Markets Authority’s guidance on social media endorsements; and the community guidelines, terms of use and other applicable policies of the social media platform used by Participant for its Materials (collectively, “the Requirements”). To the extent that there is any conflict between any of the Requirements, the strictest requirement shall apply.

Among other obligations, each Participant must:

1. Disclose Participant’s material connection to LANDS’ END when posting about LANDS’ END or the Product, including by using a clear and conspicuous disclosure such as #ad in all Materials and as further set forth in Exhibit A;
2. Not defame, misrepresent or disparage LANDS’ END, its business, products, or brands, or any third party brands, products or services competitive to LANDS’ END and/or its business, products or brands;
3. Represent LANDS’ END in a positive light;
4. Maintain alignment of their Social Account(s) to the LANDS’ END brand aesthetic;
5. Not make any statements or representations about LANDS’ END, its business, or its products which are not true, that are misleading or deceptive, or that LANDS’ END itself is not permitted to make;
6. Refrain from sharing LANDS’ END confidential information;
7. Follow LANDS’ END’s social media accounts;
8. Not utilize LANDS’ END trademarks, logos, service marks, slogans, copyrights, or other proprietary rights (“LANDS’ END IP”) in on or in connection with any website owned or operated by Participant; in any domain name; as key words in pay-for-placement search engine listings or otherwise as search keywords linked to online advertising; or otherwise except as expressly authorized by these Terms.

Without limiting the provisions of the Requirements, the Materials and any other Participant activity done in connection with the Program must:

1. Depict only Participant and no other person, unless such other person is at least eighteen (18) years of age or older and a legal resident of the United Kingdom, and Participant has obtained the consent of such person to be depicted in the Materials according to the licensing terms set forth herein (a “Permitted Third Party”);
2. Depict Participant and/or the Permitted Third Party wearing Product(s);
3. Not display LANDS’ END price information;
4. Tag and mention in captions @LANDSENDEUROPE (for example, in an Instagram post, it must appear “above the fold” within the first three (3) lines of the post or be superimposed in a story);
5. Not tag, mention, reference, or show any brand that is competitive to LANDS’ END;
6. Reflect Participant’s actual, honest opinions, findings, beliefs, or experiences with LANDS’ END and its business and products;
7. Be Participant’s own original work, created solely by Participant, and not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity;
8. Not be generated through the use of artificial intelligence (AI);
9. Not contain or reference content which is lewd, obscene, sexually explicit, pornographic, profane, or vulgar, or contains alcohol, drugs, tobacco, guns, weapons, or shows or promotes any unsafe activity;
10. Not promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
11. Not contain or reference content that is disparaging, defamatory, libelous, threatening, abusive, deceptive, fraudulent, invasive of another’s privacy, tortious, or otherwise illegal, offensive or inappropriate in any way;
12. Not constitute unauthorized or unsolicited advertising, junk mail, bulk mail, chain letters, or surveys;
13. Not disclose another person’s address, phone number, e-mail address, credit card number, or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature; and
14. Not impersonate any person or entity, including any employee or representative of LANDS’ END.

The requirements set forth in (viii) through (xiii) immediately above also apply to all content posted to Participant’s Social Account(s), whether or not posted in connection with the LANDS’ END CREATOR COMMUNITY Program.

YOUR LICENSE OF MATERIALS TO US

Participant grants to LANDS’ END, its parents, subsidiaries, affiliates, and any parties authorized by LANDS’ END (the “LANDS’ END Parties”) the non-exclusive, perpetual, worldwide, absolute, royalty-free, and irrevocable license to use, modify, display, perform, re-post, link to, and publish in whole or in part: (i) the Materials in any and all media now known or hereunder after invented, including, without limitation on LANDS’ END’s websites, in posts on its social media platform pages, and in LANDS’ END digital and print marketing; and (ii) Participant’s name, image, voice, likeness, Social Account handle(s), and any other indicia of persona (collectively, “Persona”) in connection with the Materials. You irrevocably waive all author’s or moral rights associated with the Materials. You shall also ensure that any other individuals involved in the creation of your Materials waive in writing any and all author’s or moral rights in the Materials. Nothing herein obligates LANDS’ END to make use of Participant’s Persona or Materials, but if it does, you have no right to receive notice thereof or to review, approve, or receive additional compensation for such uses, no matter the nature or quantity of uses LANDS’ END may make thereof. Notwithstanding the foregoing, from time to time, LANDS’ END may provide you with notice and/or bonus Incentives if it uses your Materials, as determined in its sole discretion. LANDS’ END will have no obligation to de-list or delete any posts featuring an Participant’s Materials or Persona in the event the Participant is no longer in the Program.

YOUR REPRESENTATIONS AND WARRANTIES TO LANDS’ END

Participant represents and warrants that: (i) Participant is the sole creator of all content, including, without limitation, images, videos, copy, and photographs, created or taken by Participant and used in connection with Program participation (collectively, the “Materials”) or has the full right and authority to use the Materials in connection with the Program and to grant all licenses and sublicenses contained in these Terms, and will provide LANDS’ END proof of such rights upon request; (ii) Participant has the full right and authority to agree to these Terms; (iii) participation in the Program will not violate any agreement, arrangement or commitment with any other party to which the Participant is otherwise bound; and (iv) the Materials will not infringe upon the intellectual property rights of any third party and will comply with any applicable laws and regulations, including without limitation the Requirements.

INDEMNIFICATION

To the maximum extent permitted by applicable law, Participants agree to defend, indemnify and hold the Released Parties harmless from any and all losses, damages, judgments, liabilities, claims, demands, costs, investigations, settlements and expenses, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your participation in the Program, including use of any Products or Incentives, or your activities in connection therewith; (b) your breach or anticipatory breach of these Terms; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) any misrepresentation made by you; or (e) the Released Parties’ use of your information, Persona, or Materials as permitted under these Terms. You will cooperate as fully required by the Released Parties in the defense of any claim. The Released Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of a duly authorized employee of the Released Parties. This Section will survive the termination of these Terms.

OWNERSHIP OF LANDS’ END IP

As between Participant and LANDS’ END, LANDS’ END shall own all right, title and interest in the LANDS’ END IP, including all 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 Kingdom or any other country or jurisdiction.

CONFIDENTIALITY

Participant acknowledges that they may, as a result of their participation in the Program receive non-public information relating to LANDS’ END’s business, including without limitation, upcoming sales and Products, pricing of upcoming Products, financial information, and customers and their purchases. All such information is LANDS’ END’s confidential information (“Confidential Information”). Participant agrees that they shall not utilize Confidential Information for any purpose other than their performance of their responsibilities under these Terms, except 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, Participant is hereby authorized to deliver a copy of Confidential Information to their accountants or legal advisers on a confidential basis. Participant may also disclose Confidential Information (a) to any person pursuant to a valid order or summons issued by any court or administrative body of competent jurisdiction or (b) otherwise as required by applicable law, rule, regulation, or legal process, provided that Participant first provide notice to LANDS’ END and that LANDS’ END has a reasonable opportunity to contest such disclosure.

PROGRAM/TERMS MODIFICATION OR TERMINATION; SUSPENSION OR TERMINATION OF PARTICIPATION OR INCENTIVES

LANDS’ END reserves the right to modify or terminate these Terms, the Program, or any element or feature thereof, at any time, for any reason. We will notify you of material changes to the Terms or the Program by email to the address then associated with your LANDS’ END CREATOR COMMUNITY account or by other means as may be permitted or required by applicable law. The updated Terms will be effective as of the time of posting, or upon such later date or by such other method as specified by LANDS’ END. The updated Terms will apply to your participation in the Program beginning as of their effective date. In the event of Program termination, LANDS’ END will not pay out with respect to Incentives that are not earned prior to the effective date of termination.

Participants who no longer meet the requirements of membership in the Program will be automatically demoted to the tier for which they qualify. In addition, LANDS’ END may suspend, demote to a lower tier of the Program, or terminate any Participant who is deemed inactive for three (3) or more consecutive months. For purposes of this paragraph, “inactive” means that no qualified sales have occurred in that month. LANDS’ END will provide a Participant with thirty (30) days’ notice of termination for inactivity, during which period Participant may cure the inactivity and avoid termination. If you believe that your will be unable to cure within thirty (30) days, but wish to remain a Participant in the Program, please email us as set forth in the “Contact Us” section below to request an extension. All extension requests should provide an explanation, and all extension determinations will be at LANDS’ END’s sole and final discretion.

LANDS’ END also reserves the right to suspend or terminate, at its sole and absolute discretion, your participation in the Program and/or withhold any Incentive otherwise payable to you, with or without notice to you or the opportunity to cure, if LANDS’ END believes that you have violated or acted inconsistently with these Terms or applicable law or acted in a manner harmful to LANDS’ END’s interests. Abuse or violations that may result in suspension or termination include, but are not limited to: (i) using fraudulent means to participate in the Program, including but not limited to using bots or artificial intelligence in the performance of Program-related activities or purchasing followers; (ii) failure to follow these Terms and any other terms and conditions applicable to Program participation; (iii) making a misrepresentation to LANDS’ END in connection with your participation in the Program; and (iv) if Participant commits, or has committed, any act which, as determined by LANDS’ END in its sole discretion, brings LANDS’ END or Participant into public disrepute, contempt, scandal, or ridicule, or which insults or offends the general community, or which might tend to harm LANDS’ END or any of its products or services including, without limitation, disparaging LANDS’ END, its products or services, or competitors. In addition, LANDS’ END reserves the right to take administrative or legal action against you, including seeking criminal prosecution, in its sole discretion.

You agree to abide by the final and binding decisions of LANDS’ END regarding the Program and your participation in it. LANDS’ END shall be the sole arbiter in cases of suspected abuse, fraud, or violation of these Terms and any decision it makes relating to termination, suspension, or disabling of the Program or a Participant’s participation, or to withhold Incentives as set forth herein, shall be final and binding.

Should a Participant object to any of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Program, Participant’s only recourse is to immediately discontinue participation in the Program.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Participants expressly agree that participation in the Program is at the Participant’s sole risk. Participants further agree that the LANDS’ END Parties shall not be liable to Participants or anyone else for any loss or injury or any indirect, incidental, consequential or special damages arising out of participation in the Program, including participation in any Program-related activity, creation of Materials, redemption or use of any Incentive, or arising out of any action taken in response to or as a result of any information available through the Program. Each Participant hereby waives any and all of the above claims against the LANDS’ END Parties and their respective agents, representatives or licensors (the “Released Parties”) arising out of, or in connection with, their participation in the Program.

Further, you agree that no Released Party is responsible, and will have no liability to you, for: any error, omission, interruption, defect or delay in transmission, order processing, or communication, including, without limitation, Program communications; technical or mechanical malfunctions; errors in these Terms or in any Program-related materials; human-processing error; failures of electronic equipment, computer hardware or software; damage to your equipment, computer hardware or software, or inaccurate information, whether caused by equipment, programming, human error, or otherwise.

To the maximum extent permitted by applicable law, you agree that the Program and all benefits offered therein are provided on a strictly “as is,” “as available,” and “with all faults” basis. THE RELEASED PARTIES MAKE NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES OR BENEFITS OBTAINED BY PARTICIPANTS THROUGH THE PROGRAM. THE RELEASED PARTIES MAKE NO WARRANTY THAT THE PROGRAM WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES ANY RELEASED PARTY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM PARTICIPATION IN THE PROGRAM. EACH PARTICIPANT HEREBY WAIVES ANY AND ALL CLAIMS AGAINST THE RELEASED PARTIES ARISING OUT OF OR IN ANY WAY RELATING TO THEIR PARTICIPATION OR ENROLLMENT IN THE PROGRAM, VISITS TO STORES, FAILED, DELAYED OR MISDIRECTED DELIVERY OF ANY COMMUNICATIONS SENT THROUGH THE LANDS’ END CREATOR COMMUNITY ACCOUNT, USE OF THE WEBSITE, THE INFORMATION AVAILABLE THEREON OR IN ANY PROGRAM COMMUNICATION, AND THE MODIFICATION OF THESE TERMS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE PROGRAM IS TO CEASE YOUR PARTICIPATION IN THE PROGRAM, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY OF LANDS’ END FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) WILL BE FIVE POUNDS (£5.00). THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT YOUR RIGHTS TO RECOVER LEGAL FEES OR COSTS WHERE APPLICABLE OR TO LIMIT THE RELEASED PARTIES’ OBLIGATION (IF ANY) TO PAY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS THE RELEASED PARTIES’ LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE LAWS OF ENGLAND AND WALES. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

LANDS’ END expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. No advice or information, whether oral or written, obtained by a Participant from or in connection with the Program or LANDS’ END shall create any warranty not expressly made herein.

NOTICES

Program notices will be transmitted, in LANDS’ END’s sole discretion through the LANDS’ END CREATOR COMMUNITY accounts, e-mail, regular mail, or through other methods as may be deemed appropriate by LANDS’ END or permitted under these Terms or applicable law.

Notices required from Participant to LANDS’ END hereunder shall be delivered by a reputable next-day courier with written verification of receipt, or sent by pre-paid Royal Mail Special Delivery or Recorded/Signed For delivery, to LANDS’ END at its registered or principal place of business, ATTN: Legal Department.

GOVERNING LAW AND JURISDICTION

Governing Law. These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, their subject matter or formation, your participation in the Program, or any products or services sold or distributed through our websites and services, are governed by and construed in accordance with the laws of England and Wales.

Jurisdiction. The courts of England and Wales will have exclusive jurisdiction to settle any such dispute or claim. Nothing in this section affects your statutory rights as a consumer. If you live in Scotland, you may also bring proceedings in the Scottish courts, and if you live in Northern Ireland, you may also bring proceedings in the Northern Irish courts.

Resolving Disputes. We encourage you to contact us first using the details in the “Contact Us” section below so that we can try to resolve any dispute informally before you commence court proceedings. Nothing in these Terms requires you to submit any dispute to binding arbitration or prevents you from exercising any right or remedy available to you under applicable law.

INDEPENDENT CONTRACTOR

Participant is not an agent or employee of LANDS’ END 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 LANDS’ END or to bind LANDS’ END in any legal contracts.

ENTIRE AGREEMENT

These Terms constitute the complete and exclusive understanding between LANDS’ END and Participants relating to the subject matter of these Terms and supersede all prior or contemporaneous understandings, agreements and/or advertising relating to the subject matter of these Terms. Both parties acknowledge that they have not been induced to enter into these Terms by any representations or promises not specifically stated herein.

MISCELLANEOUS

In our sole discretion, we may assign these Terms in whole or in part, without notice to you. You may not assign these Terms without our prior written consent. If any provision(s) of these Terms is held to be unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LANDS’ END in writing. Any heading, caption or paragraph title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. Nothing contained in these Terms will be construed as creating any agency, partnership, or other form of joint enterprise between you and LANDS’ END. You agree that these Terms will not be construed against LANDS’ END by virtue of LANDS’ END having drafted these Terms.

CONTACT US

Questions or correspondence regarding the Program should be directed to LANDS’ END using the contact information provided on the Program landing page.

EXHIBIT A — Influencer Guidelines

LANDS’ END (“Brand”) requires that influencers, bloggers and any other individuals or entities Brand works with or who choose of their own volition to disseminate endorsements of Brand or its products or services (“you” or “lnfluencer(s)”) agree to and follow the Influencer Guidelines set out below (collectively, “Influencer Guidelines”).

These Influencer Guidelines apply where you publish a post, tweet, video, photo, or other message that promotes or references Brand or its products or services AND you have received payment or something else of value from Brand or have another material connection to Brand (e.g., you work for Brand or a Brand vendor). A “material connection” is any connection between you and Brand that might affect how much weight or credibility your audience gives to your endorsement and that your audience would not reasonably expect, as described in the Advertising Standards Authority (“ASA”) and Competition and Markets Authority (“CMA”) guidance on social media endorsements. Important examples of “material connections” include consideration (i.e., benefits or incentives such as monetary compensation, loaner products, free products or services, in-kind gifts, or special access privileges) provided by a marketer to an influencer.

Failure to follow these Influencer Guidelines may result in, among other things, legal liability for you and others, termination of your agreement or relationship with Brand, and forfeiture of any consideration provided or to be provided to you.

1. Disclose your Connection to Brand

• a. You must disclose your connection to Brand clearly and conspicuously, which means that your disclosure must be obviously visible, difficult to miss, and easily noticeable to anyone who visits the applicable website, platform or service and reads or sees your post or message. A consumer must not have to scroll, click or mouse or search for the disclosure. Read more below for some specific placement instructions for disclosures. Your disclosure must also be easily understandable by ordinary consumers.

• b. The disclosure must identify the nature of your connection to Brand. For example, if you received an item for free from or were paid by Brand and you post something about Brand, you must say so. If you earn commissions for Brand purchases made through links you post, say so. If you work for Brand or a Brand partner, say so. If one or more of these connections are present, you must disclose them all. For example, if you receive something for free from Brand (including the receipt of any gift card, free product or access to special events) and are also paid by or work for or with Brand, you cannot only disclose that you received the free item or event invitation. You must disclose both facts.

• c. For short posts or compressed communications, you must include a clear and prominent ad label such as #Ad, #Advert, or #Advertisement at the beginning of these posts. These labels cannot be abbreviated (#sp or #spon are NOT sufficient) and they must also be separate from other hashtags.

• d. For Facebook, TikTok and Instagram posts where there is more space available, you can either use the aforementioned disclosures or be more conversational and use a disclosure like “This post is paid for by LANDS’ END” or, if accurate, “Thanks for the free t-shirt LANDS’ END.” (However, any disclosure on Facebook, TikTok or Instagram must be at the beginning of your post so that it visible to a reader without their having to click the “more” link.) “Thanks LANDS’ END!” is too vague and not a sufficient disclosure.

• e. Photos & Images

  1. Posting a photo or image can be an endorsement even if there is no accompanying text (e.g., posting a picture of you wearing Brand clothing on Instagram).
  2. If possible, include a disclosure on the image as you would for a video (e.g., superimposing larger text over your video and making the disclosure stand out using bold, italic, and/or different color font). If not possible to include a disclosure on the image itself, put the disclosure in a prominent place alongside it (e.g., in the post).
  3. If a post mentions or shows an image of the Brand in order to drive traffic to an image posted elsewhere, put a disclosure both in that post and in or around the photo itself.
  4. If a post drives traffic to a photo or image without mentioning or displaying Brand or a Brand product/service, the post does not need a disclosure. But there must still be disclosure in or around the photo or image itself once the user clicks through the link.

• f. For videos, if the endorsement is made through visual means, the disclosure should be made at least visually. If the representation is made audibly, the disclosure should be made at least audibly. And if the representation is made through both visual and audible means, the disclosure should be made both visually and audibly. You must include both a disclosure that is verbal and visual at the beginning of the video in addition to the one at the beginning of the description box. For longer videos (more than 3 minutes) or on-going streaming, leave the disclosure on screen throughout or make periodic disclosures. For example, consider showing a disclosure: (i) at the beginning and end; (ii) every 3 to 5 minutes; and (iii) whenever there is a direct call to action telling viewers to buy Brand products. In determining whether the disclosure is sufficient, factors to consider include: how much time followers have to look at the frame, how much competing text there is to read, how large the disclosure is, and how well it contrasts against the frame.

• g. For videos posted on Snapchat, Instagram stories, or any platform where it is common for viewers to watch videos without sound, use a visual on-screen disclosure at the beginning of the video that is clear and prominent and stays on-screen long enough to be read (e.g, by superimposing larger text over your video). Make the disclosure stand out (e.g., bold, italic, and/or different color font). Do not rely on only an audio disclosure in such instances.

• h. Do not rely on built-in disclosure functions because they do not guarantee compliance. On platforms like Instagram and YouTube (and any other platform that offers such a feature) built-in disclosure features should be utilized in addition to the disclosures described in these Influencer Guidelines. Use of these built-in disclosure features is not alone sufficient.

• i. In the event you are posting on one social media platform and the post is syndicated to another social media platform, disclosures must travel with the content and appear clearly and conspicuously (e.g., pre-click) on all platforms. Similarly, all disclosures must stay with content that can be shared by other users on the same platform (e.g., disclosures must be in both the pre-click description of a video as well as the video itself).

• j. For social media communications promoting a sweepstakes, prize draw or contest:

  1. If you are the organizer or sponsor, but Brand has provided you with the prize or otherwise offered you some consideration for sponsoring the promotion:
     1. Consult with your Brand contact and confirm Brand’s prior approval before posting any content.
     2. Contest rules should be labeled as rules, not an unidentifiable bit.ly link (e.g., “Enter for a chance to win. ContestRules”).
     3. The post must include abbreviated rules with the material terms of the contest or prize draw (including: any free entry route, start and end dates and times, eligibility restrictions, material conditions on entry or prize use, approximate value of the prize(s), that the promotion is subject to full official rules and a link to the official rules).
     4. Your abbreviated and official rules must state that you – not Brand – are the promoter of the promotion.
     5. If you promote your prize draw or contest using videos, each video must include your abbreviated rules (with a link to the full official rules) within the video and within the description box.
     6. Your post must include a disclosure of your connection to Brand as described elsewhere in these Influencer Guidelines.
     7. In addition, if entrants must post to social media to enter, you must require that entrants include a disclosure in their post that makes it clear the post was made to enter a contest or prize draw. You can require entrants include #Contest for a contest or #PrizeDraw for a prize draw. You can also require a short unique hashtag for your promotion that itself includes the disclosure (e.g., #MyDisclosureContest), but make sure the unique hashtag is short so that the word “contest” or “prize draw” does not get lost among a long string of words. If applicable, this requirement should be set out in your abbreviated rules.
     8. You must follow all applicable laws and social-media platform guidelines, including the CAP Code rules on prize promotions. You must also abide by your own official rules in administering the contest or prize draw.
  2. If you are promoting a contest or prize draw sponsored by Brand:
     1. If your post describes how to enter the contest or prize draw (e.g., “Post a photo of yourself and tag it with the Brand-provided promotion hashtag”) or describes the prizing, the post must include the Brand-provided abbreviated rules. For video posts, the abbreviated rules must be included both in the video itself and in the description box. (If you have been asked to promote a Brand contest or prize draw and not provided with abbreviated rules, please ask your contact at Brand.)
     2. You must include the Brand-provided unique hashtag for the applicable promotion.
     3. You must disclose your connection to Brand, as described elsewhere in these Influencer Guidelines.

• k. While Brand requires you agree to these Influencer Guidelines, it is your responsibility to ensure that you have clearly and conspicuously disclosed your relationship to the product or service.

• l. If you post your own views about a subject, you should also state that your views do not necessarily represent those of Brand. (You must also comply with Section 3 below.)

• m. If you receive a Brand product for free and review that product online, your review should disclose (prominently and at the beginning of the review) that you received the item for free.

2. Rules of the Road

1. Make statements in relation to products or services of Brand that reflect only your honest opinion, findings, beliefs and experiences. Do not making statements that you know (or should know) are not true.

2. Do not make deceptive or misleading claims about the products or services of Brand or the products or services of a competitor of Brand. Take care to avoid using text, graphics, programming, or any action that misleads, deceives, or confuses consumers.

3. Do not misrepresent the source of anything in your posted content, including impersonation of another individual or entity.

4. Do not offer for purchase, or solicit, products or services on behalf of Brand. (Linking to your Storefront per the LANDS’ END CREATOR COMMUNITY Terms & Conditions is ok.)

5. Do not use content that contains advertising for you or third parties (e.g., money making schemes, discount cards, credit counseling, or online surveys).

6. Do not use Artificial Intelligence or any post-production techniques (e.g., filters, Photoshop) if the use of the technique could impact a consumer’s understanding of how a product or service will work. For example, if you promote a cosmetic product by posting a filtered photo of yourself using the product, a consumer may think they can achieve the same look if they use the product. Since the photo was altered, however, this would likely not be the case.

7. When endorsing any Brand product or service, you must be a bona fide user of that product or services at the time your endorsement is made.

8. Use only original material created by you or used with written permission of the originator (and Brand may require a copy of the written permission before posting).

9. Do not libel, slander or defame any individual or entity.

10. Do not disseminate private facts about another or otherwise invade their privacy in any way.

11. Do not reference or otherwise use celebrities in any way without prior permission from Brand.

12. If any individuals are shown or referenced in your communications, you must get signed releases for them. This applies to all photographs and video whether taken by you or a third party.

13. In addition, if you use video or photographs taken by a third party, you must get written permission to use the video or photography from the person who took the photograph or video as well as the person or persons shown in it.

14. Do not use music unless it is properly licensed for synchronization to your visual elements and for commercial purposes.

15. Do not make hateful comments or any communication that promotes racism, bigotry, hatred or physical harm against any individual or group.

16. Do not communicate any sexually explicit material or any material that contains nudity or excessive violence.

17. Do not communicate anything that contains alcohol without prior written permission from Brand. Do not communicate anything that references illegal drugs, tobacco, guns or other weapons or any unsafe activities.

18. Follow the posting policy and terms of use of any site on which your communications or content is posted.

19. Do not link to any content that violates any of the foregoing rules of the road.

20. Avoid False Low Stock Messaging (e.g., creating pressure to buy immediately by saying inventory is low when it is not); and

21. Avoid creating False High Demand (e.g., creating pressure to buy immediately by saying demand is high when it is not).

3. Product or Service Claims

• a. Only Brand should make claims about how our products or services work and their results.

• b. Note that claims may be implied as well as explicit, and the test is what a reasonable consumer would understand is claimed about a product or service. So, for example, if you describe a particular result you experienced from using a skin care product, consumers may understand that that is a typical result from using the product. If you state, for example, that you won’t use a competitor’s product or service because it lacks a particular feature, that may imply that the product you state you are using has that feature. These claims about our products or services may need to be substantiated. Since you will not be able to substantiate them, please do not make claims.

• c. If you do not know whether you are making a claim, contact the Brand representative for your engagement or event for clarification.

4. Important General Considerations

• a. Brand strongly believes in the need for responsibility and honesty in connection with all marketing and communication activities. Accordingly, by participating in any Brand event or program, you agree to follow carefully these Influencer Guidelines in all of your messaging, videos, photographs, posts or other materials created, contributed, commented upon or modified by you.

• b. In addition to following these Influencer Guidelines, you agree to comply with all applicable laws, rules and regulations, including applicable UK consumer protection law (including the unfair commercial practices provisions of the Digital Markets, Competition and Consumers Act 2024, enforced by the CMA) and the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing administered by the ASA (the CAP Code). For more information on complying with these rules, please see the ASA and CMA “Influencer’s guide to making clear that ads are ads”.

• c. The responsibility to comply with the CAP Code, applicable UK consumer protection law, the laws of defamation and copyright, and all other applicable laws is yours. While advice from Brand and these Influencer Guidelines are meant to assist in your compliance, it is your legal responsibility to comply with all applicable laws and you should seek independent legal advice as appropriate. Please use common sense and reasonable judgment about what you post online and the materials you disseminate.

• d. Brand reserves the right to review any material created by you before it is publicly posted or disseminated. If such a review process is in place, you agree that you will not publicly distribute any such material before the review process is complete. If for any reason your material is rejected or otherwise is not approved during the review process either in whole or in part, you agree that you will not disseminate the rejected material in any way. You further agree that you will not link the rejected material in private or public with Brand.

• e. You agree to comply with all applicable social media outlet terms of use, privacy policies and any other relevant rules, policies or regulations.

• f. This exhibit is subject to change by Brand at any time effective immediately upon reasonable notice to you (email sufficient).

EXHIBIT B — Program Details

Incentives

The current Incentives available are set out below:

1. Each Incentive is subject to the specific terms set forth on or accompanying that Incentive when it is issued.

2. Posts count toward monthly total only to the extent they are fully compliant with the Terms and posted between 12:00:01am (UK time) on the first day of the calendar month and before 11:59:59pm (UK time) on the last day of the calendar month.

3. Monthly Challenges may be issued by LANDS’ END to some or all of the Participants in LANDS’ END’s sole discretion and may vary between Participants.

4. “Eligible Merchandise” means in-stock merchandise items available for purchase at www.landsend.co.uk excluding gift cards, charity items, gift boxes, gift wrapping, gifts-with-purchase, and layaway items.

The current Incentives, including the applicable commission rate(s) and any welcome reward, monthly discount, or bonus Incentives, together with the Program tier(s) to which they apply, will be set forth and communicated to Participants by LANDS’ END, and may be updated by LANDS’ END from time to time in its sole discretion.