TERMS & CONDITIONS

Align Technology, Inc. Influencer Program: INVISALIGN SMILE SQUAD

Please read and review these Terms and Conditions carefully (hereinafter the “T&Cs”). This is a binding agreement between you (“Influencer”) and Align Technology Inc., (hereinafter the “Align”). These T&Cs govern your application to join Align’s influencer program, the Invisalign Smile Squad (hereinafter, the “Program”). If selected, you will be required to enter into an additional agreement (“Influencer Agreement”) which shall supplement these T&Cs with more specific terms and conditions specifying, among other things, compensation, obligations, and content requirements. Your application and use of the website is also governed by Align’s Terms of Use and Privacy Statement which are incorporated into and made a part of these T&Cs and can be found at:

Terms of Use: https://www.invisalign.com/terms-of-use

Privacy Statement: https://www.invisalign.com/privacy-policy

To the extent there are any inconsistencies between these T&Cs and the Influencer Agreement, the terms of the Influencer Agreement shall govern and control.

The terms “you”, “your”, and “yours” refer to you, the Influencer applicant to the Program, and the terms “we”, “us” and “our” refer to Align.

By completing the application form, you acknowledge that You have read and agree to these T&Cs:

  1. SUBMITTING YOUR APPLICATION
  2. You hereby represent and warrant that all information provided as part of your application is accurate and complete. Applicants whose accounts display evidence of fraudulent audience behavior or acquisition strategies, including bots and fake followers, will not be accepted.

    By submitting your application for the program you represent and warrant that you meet the following eligibility criterion:

    Submitting an application to the Program does not constitute acceptance into the Program. By submitting your application, you hereby agree not to post any disparaging, negative, or misleading comments about Align or its products or brands if not selected for the Program.

  3. SELECTION
  4. All applications to the Program will be reviewed to ensure our standards are met. Align is looking to partner with Influencers whose content is consistent and aligned with Align’s brand and image. Influencer will be required to certify their social media audiences are authentic and engaged. Align reserves the right in its sole discretion to select which Influencers it chooses to work with.

    Upon selection to join the Program, the selected Influencer (hereinafter, the “Selected Influencer”), will be contacted by Align with instructions on next steps and to discuss the terms of the collaboration and review the Influencer Agreement.

  5. TREATMENT CONSULTATION
  6. If the Selected Influencer is not currently undergoing Invisalign treatment, Align will arrange for an initial assessment with an Invisalign provider of the Selected Influencer’s choosing to determine Selected Influencer’s candidacy for Invisalign treatment. This initial assessment shall occur after selection but prior to execution of the Influencer Agreement. Align may provide a list of Invisalign providers to the Selected Influencer to select from.

    If Selected Influencer is a candidate for Invisalign treatment, the Influencer Agreement must be executed by both the Selected Influencer and Align prior to proceeding with treatment and prior to enrollment in the Program.

    In the event the Selected Influencer is not a candidate for Invisalign treatment, then the Selected Influencer will be unable to participate in the Program.

    You understand that the continuity of the treatment is your responsibility as well as the Invisalign Provider’s, and that Align cannot be held liable for that purpose.

  7. LIABILITY
  8. ALIGN AND ITS OFFICERS, DIRECTORS, SUBSIDIARIES, EMPLOYEES, AFFILIATES, AGENTS, PARTNER, SUCCESSORS AND ASSIGNS (“RELEASED PARTIES” WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE AND APPLICATION HEREIN OR YOUR INITIAL ASSESSMENT OR ANY SUBSEQUENT TREATMENT.

  9. INDEMNITY
  10. You agree to indemnify and hold Align, and the Released Parties, harmless from any costs, damages, expenses and liability, including reasonably attorney’s fees, arising out of or related to your violation of these T&Cs, or your violation of any rights of another person or entity.

  11. GOVERNING LAW
  12. These T&Cs and your relationship with Align shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Align agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, USA.

  13. MODIFICATION
  14. Align may amend these T&Cs at any time by posting the amended terms on the website and you are responsible for regularly reviewing these T&Cs.