Conversion action | Online purchase with processed valid payment |
---|---|
Cookie days | 60 days |
Commission type | Percent of Sale |
Base commission | 4.00% Product specific |
Additional terms | 4% commission on iFetch Too automatic ball launcher; 8% commission on all other iFetch products: iFetch automatic ball launcher, iDig digging toy, iFetch Frenzy brain game, iFetch mini tennis balls, iFetch standard tennis balls. |
This Influencer Agreement ("Agreement") is entered into by and between the Advertiser (iFetch, LLC) and the Influencer (you).
The Advertiser and the Influencer agree:
1. Appointment. The Advertiser would like the Influencer’s assistance in promoting the Advertiser’s products via their social media accounts. The Advertiser hereby appoints the Influencer as its representative on a non-exclusive, non-employee basis to endorse and promote its services to the target audience.
2. Term. This Agreement shall have an initial term of one year and shall automatically renew for additional one-year terms thereafter unless either party provides thirty days prior written notice of its intention of non-renewal. This Agreement may also be terminated pursuant to Section 4 hereof.
3. Deliverables. The Influencer will deliver at least 3 video posts (in coordination with a discount code/commission campaign) annually across all media channels now known or hereafter developed, on behalf of the Advertiser according to the delivery schedule specified by the Advertiser. The Services shall conform to the specifications and instructions of the Advertiser and abide by the rules of the relevant social media platforms, and are subject to the Advertiser's acceptance and approval. The Influencer grants permission to the Advertiser to reproduce, copy, modify, or otherwise use of the Influencer’s content as a composite of other matter, including, but not limited to, text, data, images, photographs, illustrations, animation, and graphics, video or audio segments of any nature.
4. Cancellation. Either party may terminate this Agreement upon ten days prior written notice to the other party if such other party breaches this Agreement and does not cure such breach within such time period. In, in addition to any right or remedy that may be available to the Advertiser under this Agreement or applicable law. In addition, in the event that the Influencer has breached this Agreement, the Advertiser may (i) immediately suspend, limit or terminate the Influencer’s access to any Advertiser account and/or (ii) instruct the Influencer to cease all promotional activities or make clarifying statements, and the Influencer shall immediately comply. Either party may terminate this Agreement at any time without cause upon thirty days prior written notice to the other party.
5. Collateral Details. The Advertiser shall provide the necessary content and briefing materials to enable the Influencer to perform the influencer marketing services. If the Influencer has obtained employees or agents (the "Influencer Personnel"), the Influencer shall be solely responsible for all costs associated with the Influencer Personnel.
6. Items to Avoid in Influencer Posts:. The Influencer agrees to avoid mentioning the following agreed competitors of the Advertiser, specifically: GoDogGo ball launchers, PetSafe ball launchers, Doggie Fun ball launchers, All for Paws ball launchers, and any other commercially available automatic ball launcher toy for dogs. The Influencer agrees to abide by all guidelines set in the Brand Guidelines. (For example, all blog posts, social media statuses, tweets, and/or comments should be in good taste and free of inappropriate language and/or any content promoting bigotry, racism, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age).
7. Approval and Content Origination:. The Influencer understands that all promotions and products the Influencer promotes as part of this Agreement are controlled by the Advertiser. The Influencer assumes all responsibility for verifying that the campaign materials used meet the Advertiser’s approval.
8. Confidentiality and Exclusivity. During the course of the Influencer's performance of services for the Advertiser, the Influencer will receive, have access to, and create documents, records, and information of a confidential and proprietary nature to the Advertiser and customers of the Advertiser. The Influencer acknowledges and agrees that such information is an asset of the Advertiser or its clients, is not generally known to the trade, is of a confidential nature and, to preserve the goodwill of the Advertiser and its clients must be kept strictly confidential, and used only in the performance of the Influencer's duties under this Agreement. The Influencer agrees that he/she will not use, disclose, communicate, copy, or permit the use or disclosure of any such information, especially related to new products, to any third party in any manner whatsoever except to the existing employees of the Advertiser or as otherwise directed by the Advertiser in the course of the Influencer's performance of services under this Agreement, and thereafter only with the written permission of the Advertiser. The Influencer agrees that during the tenure of this contract, and for a three-month term afterward, the Influencer will not undertake influencer marketing for a competitor in the same category as the Advertiser.
9. Compensation. In full consideration of the Influencer’s performance, the Influencer’s obligations hereunder, and the rights granted herein, the Influencer will be paid a product-level commission on all sales attributed to the Influencer's assigned discount code as well as discounted iFetch products and promotional merchandise at the Advertiser’s discretion. The Influencer will otherwise perform the services at his/her own expense and use his/her own resources and equipment. The Influencer acknowledges that the agreed upon compensation represents the Influencer’s entire compensation with respect to this Agreement and the Advertiser shall have no other obligation for any other compensation to or expenses or costs incurred by the Influencer in connection with the performance of its obligations under this Agreement.
10. Compliance with FTC Guidelines. The Influencer must abide by the FTC Endorsement Act when posting on behalf of the Advertiser. The Influencer’s statements should always reflect the Influencer’s honest and truthful opinions and actual experiences. The Influencer should only make factual statements about the Advertiser or the Advertiser's products which the Influencer knows for certain are true and can be verified.
11. Force Majeure. If either party is unable to perform any of its obligations by reason of fire or other casualty, strike, act or order of public authority, act of God, or other cause beyond the control of such party, then such party shall be excused from such performance during the pendency of such cause.