TTS Prize November 2024

O Positiv Affiliate Sales Incentive Program (“Program”) Official Terms and Conditions

November 1, 2024 - November 30, 2024 - TikTok Sales Incentive Program THE FOLLOWING SALES INCENTIVE PROGRAM IS VALID IN THE 50

UNITED STATES AND D.C. ONLY. YOU MUST BE A TIKTOK SHOP AFFILIATE OF O POSITIV WHO IS AGE 18 OR OLDER TO BE ELIGIBLE TO PARTICIPATE AND RECEIVE AWARDS. VOID WHERE RESTRICTED OR PROHIBITED BY LAW. THIS IS A TRADE PROMOTION AND IS NOT OPEN TO THE GENERAL PUBLIC THIS PROGRAM IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH TIKTOK INC. OR ANY OF ITS AFFILIATES (“TIKTOK”)

INTRODUCTION.

These Affiliate Sales Incentive Program Terms and Conditions (the “Sales Incentive Terms”), updated and effective as of the date listed above, along with O Positiv Inc.’s (“O Positiv”, “we”, “us”, or “our” O Positiv) Affiliate Terms and Conditions, Affiliate Marketing Guidelines, Terms of Service and Privacy Policy (may be collectively referred to as “Governing Documents”), which are incorporated herein and made a part of these Sales Incentive Terms by reference, apply to and govern your (“you”, “your”) participation in the Program. Please read these Sales Incentive Terms and the Governing Documents, as they form a binding agreement between you and O Positiv and affect your legal rights, responsibilities, and obligations. NOTE: Capitalized terms used herein without definition will have the same meaning given to them as in the Governing Documents.

To the extent that any part of these Sales Incentive Terms conflicts with any of our

Governing Documents in connection with the Program, these Sales Incentive Terms shall control.

Your compliance with these Sales Incentive Terms is a material condition of your participating in the Program and O Positiv’s obligations to provide you with the Awards (defined below) as outlined herein. By participating in the Program, you consent to be bound by these Sales Incentive Terms, as may be amended from time to time, and the decisions of O Positiv, which are final and binding in all respects.

ELIGIBILITY.

To participate in the Program, you must be a current O Positiv affiliate promoter, endorser, or marketer (each an “Affiliate”) of our goods and services (collectively, “Products”) via the TikTok Shop platform.

For clarity, this means you must also be: (i) a legal resident of the fifty (50) United States or District of Columbia; (ii) at least eighteen (18) years of age; and (iii) an eligible and approved TikTok Shop Creator in accordance with TikTok’s applicable policies, including without limitation the TikTok Shop Creator Eligibility Policy, which covers the requirements TikTok users must meet to qualify for TikTok Shop Creator e-commerce permissions.

You understand and agree that you are ineligible and strictly prohibited from participating in the Program if (i) you do not meet all of the foregoing Eligibility criteria; (ii) your participation would violate any legal obligation you owe to a third party or other applicable law; and/or (iii) you fail to adhere to or comply with these Sales Incentive Terms or any part thereof.

PROGRAM PERIOD

The Program begins November 1, 2024 and ends November 30, 2024 (the “Program Period”). Awards will be determined by O Positiv following the Program Period, based on the criteria outlined in these Sales Incentive Terms. O Positiv’s clock is the official clock for this Program.

HOW TO PARTICIPATE

Affiliates must generate gross merchandise value (“GMV”) from Product sales via your Affiliate Content on the O Positiv Shop on TikTok Shop (and only sales on the O Positiv Shop on TikTok Shop will be counted) during the Program Period in accordance with usual and customary Affiliate Services in order to be eligible to win an Award. Affiliates must sign up for the Program by submitting a completed registration form found here (https://forms.gle/LuGLtDb1KKjDfXWF8) in order to be eligible to win an Award. GMV generated outside of the Program Period or TikTok Shop platform or the O Positiv TikTok Shop is not eligible.

DETERMINATION AND VERIFICATION OF AWARDS

Sales Incentive Awards (“Awards”) awarded pursuant to this Program will be granted in addition to standard Affiliate Commissions which are otherwise not impacted by this Program. Awards will be based on the amount of GMV generated by your TikTok Shop Affiliate Content on a single TikTok account (thus, if you have multiple accounts, the accounts will not be aggregated to calculate GMV) during the Program Period. GMV will be the net sale price of the Products, as determined by the TikTok Shop Seller Center and TikTok Shop Affiliate Center after refunds, returns, and cancellations after the close of the Program Period and a reasonable time to allow for the tabulation of any refunds, returns, and cancellations. If a single Affiliate generates GMV via multiple TikTok accounts, only each individual account belonging to that Affiliate will count towards the calculation of GMV for that Affiliate (the accounts will not be aggregated for a total sales figure). The number of Awards will be determined by the number of Affiliates who meet the criteria as outlined in these Sales Incentive Terms and submit a verified Award Claim (defined below) in accordance with these Sales Incentive Terms.

The eligibility of Affiliates and calculation of such Affiliate’s GMV is subject to

verification of eligibility and compliance with these Sales Incentive Terms prior to the grant of any Award. Awards are based on qualifying GMV achieved during the Program Period and properly claimed in accordance with these Sales Incentive

Terms. Awards will not be granted for any GMV/Product sales effectuated by dishonest, fraudulent, deceptive, misleading, or otherwise unlawful means, as determined in O Positiv’s sole discretion.

AWARD CLAIMS

Affiliates are responsible for keeping track of their GMV achieved during the Program Period. Once you have reached a Tier as outlined below, take the following actions to make a claim for an Award (“Award Claim”) and be verified as a winner: (1) contact the O Positiv TikTok Shop team (via email: affiliates.tiktokshop@opositiv.com) and (2) join the O Positiv Discord channel here (https://discord.gg/CgFE3AsV). If you do not have a Discord account, you can register for one for free at Discord.com. All Award Claims must be initiated within thirty (30) days of the end date of the Program Period. Proof of email is not proof of receipt by O Positiv. The decisions of O Positiv will be final in all matters relating to this Incentive Program, including but not limited to verification of Promotion Period sales figures. O Positiv reserves the right to audit any Award Claim to verify accuracy/validity. Award Claims must include all requested information to verify GMV per the existing O Positiv Affiliate Terms and Conditions. Award Claims without sufficient information, as determined in O Positiv’s sole discretion, may not be processed as eligible for the Sales Incentive Program.

FOR CLARITY, AFFILIATES ARE RESPONSIBLE FOR SUBMITTING AWARD

CLAIMS. NO AWARD CLAIMS RECEIVED AFTER THIRTY (30) DAYS AFTER THE END DATE OF THE PROGRAM PERIOD WILL BE ACCEPTED.

Following verification of your Award Claim, you will be notified by email and may be required to complete, execute and return an Affidavit of Eligibility and, except where prohibited by law, a Liability and Publicity Release and such other documents as shall be reasonably requested by O Positiv within ten (10) days of such request/notification (“Winner Documentation”). Failure of a winner to comply with this requirement may result in disqualification and Award forfeiture, in O Positiv’s sole discretion. If a winner is otherwise eligible under these Sales Incentive Terms but is nevertheless deemed a minor in their state of primary residence (“Minor”), the Award will be awarded in the name of winner's parent or legal guardian who will be required to execute and return the Winner Documentation on Minor’s behalf, as applicable.

Affiliates may only claim the Award associated with the highest value Tier that they have achieved at the end of the Promotion Period. For example, if at the close of the Promotion Period, you have generated $20,000 GMV and properly submitted your timely Award Claim and are verified a winner by O Positiv, you will receive the corresponding “Tier 3” Award only (not Tier 1, 2 and 3).

Not all available Awards may be awarded depending on the eligible Award Claims submitted in accordance with these Sale Incentive Terms. Award will be forfeited if:

(1) an Affiliate is found not to be eligible for any reason; (2) any communication from O Positiv returned as undeliverable; (3) the Affiliate who is a potential Award winner fails to submit an Award Claim; (4) the Affiliate who is a potential winner cannot accept or receive the Award for any reason; (5) any Award is returned as undeliverable; and/or (6) the Affiliate who is a potential winner is not otherwise in

compliance with these Sales Incentive Terms which, as noted previously, incorporates by reference all Governing Documents.

SALES TIERS AND CORRESPONDING AWARDS with Approximate Retail Value (“ARV”).

You agree that we may substitute any Award of equal or greater value at our sole discretion if the advertised Award becomes unavailable or otherwise in our discretion. Any incidental expenses associated with the Award not specified herein are the winner’s sole responsibility. In the case of vehicles, the model, color, package, factory options and other specifics are subject to availability. Awards are not assignable or transferable but winners may choose to substitute Award instead for the corresponding cash equivalent of the ARV indicated. Awards will be fulfilled within 8-10 weeks, or as soon as practicable thereafter, of winner being verified.

Winner is responsible for all federal, state, local and income taxes and other fees or costs associated with the Award, if any. Affiliates whose Award winnings are in excess of $600 will be issued a 1099 tax form and must provide a W-9 to O Positiv for this purpose.

Winner of any vehicle must have proof of insurance and a valid U.S. driver’s license

from their state or place of residence in the U.S. to take delivery of vehicle; failure to show evidence of license and/or insurance may, at the discretion of O Positiv, result in

forfeiture of Award. Winner will be provided instructions to obtain his/her vehicle at a dealership to be determined by O Positiv in its sole discretion (and you acknowledge you are responsible for costs of your transport to the dealership designated by O Positiv). Winner must take delivery of vehicle within thirty (30) days of notification that dealership has received vehicle. If any Award is unclaimed within a reasonable time after notification from O Positiv, as determined by O Positiv in its sole discretion, it will be forfeited. Awards are awarded “as is” with no warranty or guarantee, either express or implied by O Positiv. Winners acknowledge that the O Positiv and all other persons/entities associated with this Program and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the Award being offered, except that each merchandise Award shall be subject to its manufacturer’s standard warranty (if any). Once the Award has been shipped to the winner’s provided address, the Award is considered awarded.

RELEASE/GENERAL

Except where prohibited by law, acceptance of Award constitutes each winner’s consent to O Positiv and its designees for use of winner's name, Award won, hometown, likeness, TikTok handle, photograph, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification, review, approval, or permission.

You agree that O Positiv is not responsible for and you agree to release and hold harmless O Positiv and TikTok from any and all liability in connection with the following: (i) Award Claims that are lost, late, incomplete, damaged, garbled, destroyed, inaccurate, misdirected, or not received by the O Positiv for any reason; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in transmission, receipt, or processing hereunder, including but not limited to, in the calculation of Product sales/GMV, or for destruction of or unauthorized access to, or alteration of any information submitted to O Positiv; (iii) failed or unavailable hardware, network, software or telephone, or causes beyond O Positiv’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Program; (iv) any information submitted in a manner that is not expressly allowed under these Sales Incentive Terms; and/or (v) your participation in the Program generally as well as your acceptance, possession, use/misuse of any Award. The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Sales Incentive Program as well as claims, where lawful, based on publicity rights, defamation, and/or other proprietary or privacy rights.

By participating in the Program, you acknowledge and agree that O Positiv reserves the right in its sole discretion to modify, suspend or cancel the Program at any time

for any reason. Notice of such action by O Positiv will be posted HERE. Should the Program be terminated prior to the stated Program end date, O Positiv reserves the right to fulfill the Awards to eligible Affiliates who have submitted verified Award Claims before the termination date. O Positiv reserves the right to disqualify any Affiliate if such person has been determined to have tampered with or abused any aspect of the Program. Any attempt by an individual to deliberately undermine the legitimate operation of the Program may be a violation of criminal and civil laws, and should such an attempt be made, O Positiv reserves the right to seek damages from any such person to the fullest extent permitted by law. In the event there is a discrepancy, as between other statements contained in any Program-related materials or communications and these Sales Incentive Terms, these Sales Incentive Terms shall prevail, govern and control.

Winner Confirmation: Winners will be posted in our Discord channel (https://discord.gg/Y73nHUgUTZ) after the close of the Promotion

Period after all winners are verified.

O Positiv: O POSITIV INC., 11740 San Vicente Blvd, Ste 109-333, Los Angeles, CA 90049.

All trademarks used herein are the property of their respective owners in the United States and abroad. All rights reserved.

Any questions, comments or complaints regarding this Sweepstakes must be directed to O Positiv only and NOT to TikTok.