Wide Open Tester Program Terms & Conditions & Wear Tester Agreement

I AGREE TO THESE BASIC TERMS & CONDITIONS:

The products to be tested are not available for purchase, have not been launched on our website, and therefore constitute confidential information of Cabot Hosiery Mills Inc. (“Cabot”).

You may not share or post photos, videos, or descriptions of the products online, including on any website or social media platform.
You may not disclose or permit or facilitate access to product images or details about the products to any third party.
You may not give away or lend any of the products to third parties. The products must not leave your possession unless and until Cabot advises otherwise.
You may not take still or video images of products unless expressly authorized by Cabot. Products must be returned to Cabot upon request.

Violating any of these items will disqualify you from future product testing.

I AGREE TO THE WEAR-TESTER AGREEMENT, WHICH CONTAINS THE FOLLOWING ADDITIONAL TERMS & CONDITIONS:

Cabot Hosiery Mills America, Inc. (“Cabot”) is pleased that you have agreed to test our products (“Products”) and share your experience with us. Your selection as a wear-tester gives you the chance to evaluate some of the leading hosiery products in the world. In exchange for being engaged as a wear-tester, Cabot requires that you agree to the terms of this Wear Tester Agreement, which also incorporates the Basic Terms and Conditions (“Agreement”):

Testing and Use Restrictions for Physical Products.

Products must be tested at locations that do not attract the attention of persons familiar with the production, sale, or promotion of hosiery products (e.g., socks, footwear, tights). Accordingly, you may not test, wear, or in any way show the products at any of the following locations or on the following occasions:

Footwear events, fashion events or other apparel events;
Other events or competitions if you or the Product you are testing might receive any special attention;
Stores and outlets of hosiery, apparel, and footwear companies
Social media platforms, including but not limited to Facebook, Instagram, TikTok, X, etc.

Testing and Use Restrictions for Online Surveys.

If we ask you to fill out an online survey (for example, to give your opinions on colors and designs), you may not:

Take screenshots or make recordings or copies of any online survey or portion thereof, including but not limited to the visual images presented for your consideration; or
Allow others to view, or allow anyone other than you to access, any online survey.

Confidential Information.

The following, hereinafter referred to as “Materials,” are confidential information belonging solely to Cabot: (i) all Products and related information obtained by you from Cabot; (ii) all comments, feedback, and suggestions made or delivered by you or on your behalf regarding any Product; and (iii) all images of Products created or delivered by you or on your behalf are confidential information belonging solely to Cabot. You must keep all Materials confidential and you shall not, while this Agreement is active,

test hosiery for another company, person, or entity;
unless we give our prior written consent, work, or be engaged by, or provide services to, another hosiery, footwear, or apparel company, whether or not you are engaging in testing Products for Cabot at the time. This restriction applies both to you and your immediate family;
ask or allow anyone (except Cabot employees) to wear, handle, take pictures of, examine, destroy, or dispose of Products; or
disclose to anyone (except Cabot) details about the Products you are currently testing, or use the Products for any personal commercial purpose.

You acknowledge and agree that a violation of your confidentiality obligations may cause irreparable injury to Cabot, and that Cabot may pursue (a) an injunction against you to cure or stop such violation or threatened violation, and/or (b) any other remedy available to Cabot under applicable law.

Product Ownership.

All Products are intended for testing purposes only and remain the sole property of Cabot unless stated otherwise by Cabot in writing. You may not lend, give, or sell the Products to any third party. If Cabot requests, you must return the Products to us promptly following testing.

Responsibilities.

We also expect the following from you:

informative feedback via questionnaires and, if requested by Cabot, personal interviews; and
information about any changes in your contact details or activities relevant to your selection as a tester.

Cabot’s Use of Materials and Basic Information.

As used herein, “Basic Information” refers to your name, photograph, image, likeness, video, voice recording, avatar, biographical information, general geographic location, non-sensitive information such as your workout habits, product preferences, social media handles (to the extent you choose to share same with Cabot) and your social media posts (to the extent they are publicly accessible). You agree that Cabot shall have the perpetual and worldwide right to use, reproduce, and otherwise exploit, and to permit others to do the same, for internal, commercial, and publicity purposes, without limitation as to time, manner, or medium, and without compensation to you of any kind: (a) the Materials; and (b) Basic Information, provided that such use, reproduction, and exploitation is in connection with the Materials. Notwithstanding the foregoing, Cabot will not use (or authorize others* to use) your surname in connection with any commercial or publicity purpose, it being understood that Cabot shall have the right to use (and authorize others* to use) only your first name and the first initial of your surname,, unless you agree otherwise in writing.

(*As used above, “others” refers to Cabot’s affiliates, advertisers, authorized distributors and retailers, and media partners who are promoting or assisting in the promotion of Cabot products.)

Sensitive Personal Information.

In addition to Materials and Basic Information, Cabot will, through its applications and surveys in connection with testing, collect your gender, age, height, weight, foot width, ankle circumference, and calf circumference; and At some time in the future, Cabot may also, subject to your consent, collect, store, and use (as set forth in Section 6.e below) the following types of information about you:

Information that you track and record about yourself, e.g., using wearable devices and associated technologies;
Information collected by physical assessments and recordings – e.g., body scans, images, and videos;
Your gender, age, height, weight, and injuries;
Identifiers (other than Basic Information), characteristics of protected classifications, biometric information, and related inferences; and
Any other information you provide to Cabot, including through questionnaires and interviews, which you identify as personally sensitive at the time you disclose it to Cabot.

The information referred to in Sections 6.a and 6.b above is collectively referred to as “Sensitive Personal Information.”

You acknowledge and agree that if Cabot provides any physical assessment or insight regarding Sensitive Personal Information, it is for you and not as a service to any of your healthcare providers. Such information shall not be deemed “protected health information” under the United States Health Insurance Portability and Accountability Act of 1996.

Unless otherwise authorized by you in writing, Cabot will use Sensitive Personal Information solely for its internal product research and development purposes, provided, however, that Cabot may use aggregated and anonymized versions of Sensitive Personal Information (and, insofar as applicable, Basic Information) for any purpose.

Right to Limit Use Of or Delete Your Information.

If you want Cabot:

to limit its use of any of your Basic Information, you may do so at any time;
to delete all of your Basic Information, you may do so on or after two (2) years from the date of termination of this Agreement;
to delete your Sensitive Personal Information, you may do so at any time.

To effectuate any of the above, send us an email at producttesting@CabotHosieryMills.com. We will, within a commercially reasonable period of time, accommodate your request and, in any event, will comply with any applicable law. Deletion of your Basic Information will have the effect of terminating this Agreement.

Voluntary.

You understand and agree that:

your participation in Cabot’s wear-testing is voluntary;
no employee/employer relationship is established by this Agreement, you will not be paid by Cabot in connection with wear-testing, and the time that you invest in wear-testing is not deemed to be working time;
you may withdraw from testing at any time by contacting the person at Cabot who has direct oversight over your wear-testing project or by sending an email to producttesting@CabotHosieryMills.com, provided, however, that, Cabot shall, subject to your right to limit Cabot’s use of any Basic Information or Sensitive Personal Information as provided in Section 8 above, retain all rights in and to Materials, Basic Information, and Sensitive Personal Information that arose prior to your withdrawal;

Office and Factory Visits.

If you visit Cabot at any of its facilities, you are kindly asked not to wear any hosiery product bearing a trademark of any company other than Cabot.

Assumption of Risks, Release, and Covenant Not to Sue.

To the fullest extent permitted by applicable law, you hereby:

voluntarily accept and assume full responsibility for all risks of any kind or nature, whether physical or emotional, economic or non-economic, direct or indirect, that occur during, or as the result of, your participation in wear-testing, or as the result of your entering into this Agreement. It is your sole responsibility to use common sense during testing and to stop testing a Product if You experience any pain, discomfort, irritations, rashes, or other symptoms;
release Cabot and its shareholders, directors, officers, employees, independent contractors, affiliates, and licensees, and the shareholders, members, directors, officers, employees, and independent contractors of such affiliates and licensees (collectively, the “Released Parties”) from any and all liabilities, costs, expenses, causes of action, claims, and demands arising out of or related to any injury of any kind or nature, whether physical or emotional, economic or non-economic, direct or indirect, suffered by you or anyone claiming through you (including but not limited to the persons referred to in Section 12 below (collectively, “Losses”); and
agree never to sue or make any claim of any kind or nature against any Released Party for any Losses.

You acknowledge and understand that your acceptance of and agreement to this Section 11 is a condition to your participation in wear-testing and that, in permitting you to participate, Cabot is relying on this section’s ongoing effectiveness.

Binding Effect.

SECTION 11 ABOVE IS BINDING UPON YOU AND YOUR FAMILY (INCLUDING COMMON-LAW AND CIVIL PARTNERS), AS WELL AS ANYONE CLAIMING THROUGH YOU OR ON YOUR BEHALF, INCLUDING BUT NOT LIMITED TO YOUR FAMILY (INCLUDING COMMON-LAW AND CIVIL PARTNERS), HEIRS, EXECUTORS, TRUSTEES, GUARDIANS, AND OTHER LEGAL REPRESENTATIVES.

Miscellaneous.

Cabot has the right to terminate your right to participate in wear-testing at any time and for any reason.
This Agreement, together with the Basic Terms and Conditions, constitute the entire agreement between the parties with respect to the subject matter herein, supersedes all prior agreements and understandings related to the subject matter hereof, and may not be changed or modified without the prior written consent of the parties.
Cabot’s rights and obligations arising prior to any termination of the relationship between the parties established herein shall survive such termination.
If any portion of this Agreement is held to be unenforceable, that portion will be ineffective only to the extent it is unenforceable, and all the other provisions shall be given full force and effect.
Vermont law (irrespective of its conflicts of laws provision) governs this Agreement and the relationship of the parties established herein. All claims related to the foregoing shall be submitted to the courts of competent jurisdiction serving Washington County, Vermont, and you hereby consent to the exclusive jurisdiction and venue of such courts, and hereby waive any objection you may have with respect thereto.

You represent and warrant that you have read both the Basic Terms and Conditions and this Agreement, and agree to their terms. Additionally, if you are signing as a Parent/Legal Guardian, you represent and warrant that you are the parent or legal guardian of the below-listed wear-tester and guarantee the performance of this Agreement by the wear-tester of whom you are Parent or Legal Guardian.