FEMME London
Influencer Program Agreement
These Influencer Terms and Conditions (the “Terms” or “Agreement”) are agreed, accepted by you (“Influencer”), with regard to Influencer’s performance of spokesperson, influencer, public relations, and social media services for FEMME London (“FEMME London” or “Advertiser”), effective as of the date of the Term Sheet (the “Effective Date”). This Agreement will outline the creative content creation and social media posts to promote FEMME London brand & products.
The Advertiser and the Influencer agree:
1. Appointment. The Advertiser would like the Influencer’s assistance in promoting / offering / selling 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 products and services to the target audience.
2. Term. This Agreement shall be on a month-to-month basis.
3. Deliverables. The Influencer will deliver the agreed number of posts on the agreed platforms 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 as outlined in detail in the Attached Schedule of Services (which is attached hereto and incorporated herein as if fully restated), abide by the rules of the relevant social media platforms, and are subject to the Advertiser’s acceptance and approval. The Advertiser has a maximum of 5 days to reject any deliverable in accordance with this Section and must notify the Influencer within 3 days of receipt of work that additional revisions and/or amendments will be requested.
4. Cancellation. Either party may terminate this Agreement upon ten (10) days prior written notice if the other party breaches this Agreement and does not cure such breach within such time period. In the event that the Influencer has breached this Agreement, in addition to any right or remedy that may be available to the Advertiser under this Agreement or applicable law, 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 abide by all guidelines set in the Brand Rule Guidelines and the those of the social media platforms. (For example, all blog posts, social media statuses, tweets, and/or comments should be free of any content promoting harassment, incitement to violence, 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 they promote 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 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. Upon termination of this Agreement or upon the request of the Advertiser, the Influencer will return to the Advertiser all of the confidential information, and all copies or reproductions thereof, which are in Influencer's possession or control. 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 vertical as the Advertiser.
9. Compensation. In full consideration of the Influencer’s performance, his / her obligations and the rights granted herein, the Influencer shall be paid the amount agreed upon between the Influencer and Advertiser as outlined in the attached Schedule of Services. This includes any agreed bonus incentives should the Influencer meet the agreed targets. 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. Material Disclosure and Compliance with FTC Guidelines. When publishing posts/statuses about the Advertiser’s products or services, the Influencer must clearly disclose his/her “material connection” with the Advertiser, including the fact that the Influencer was given any consideration, was provided with certain experiences or is being paid for a particular service. The above disclosure should be clear and prominent and made in close proximity to any statements that the Influencer makes about the Advertiser or the Advertiser’s products or services. Please note that this disclosure is required regardless of any space limitations of the medium (e.g. Twitter), where the disclosure can be made via Hashtags, e.g. #sponsored. 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.
12. Independent Contractor. The Influencer is retained as an independent contractor of the Advertiser. The Influencer acknowledges and agrees that (i) The Influencer is solely responsible for the manner and form by which the Influencer performs under this Agreement, and (ii) The Influencer is a self-employed individual, who performs services similar to the services outlined in the attached Schedule of Services for various entities and individuals other than the Advertiser. The Influencer is responsible for the withholding and payment of all taxes and other assessments arising out of the Influencer's performance of services, and neither the Influencer nor any of the Influencer's employees or independent clients shall be entitled to participate in any employee benefit plans of the Advertiser.
13. Choice of Law. This Agreement shall be construed and enforced pursuant to the laws and decisions of the State of Missouri.
14. Copyright. FEMME London will retain all copyright and intellectual property rights of the image(s) uploaded by the Influence. FEMME London also has authority to upload its own marketing and social channels as well as share with media outlets.
FEMME London
Schedule of Services
Agreed Upon Deliverables:
Content Creation & Favorable Posts on Social Media
• Featuring Influencer’s unique promo code
• Featuring a @shopfemmelondon mention in the caption, products, and swipe up link to https://www.femmelondon.com
COMPENSATION & PAYMENT TERMS
Earn Free Clothes
· Just fill out the form on our Influencer Page and create a discount code of your choice (subject to availability).
· The code is activated as soon as the form is processed, and you can begin sharing it to earn store credit.
· You will earn 20% of every net sale in store credit. Your store credit balance can be tracked online via the sales database (which can be accessed through our Influencer page).
· Store credit can be redeemed via a coupon/gift card that is automatically added to the Influencer’s femmelondon.com account once the value reaches $25.00.
· If you’re anxious to use your store credit before it reaches $25.00, just email us at contact@femmelondon.com with your account info (name, promo code & email address associated with that account) and one of our team members can manually add a coupon/gift card to your account.
By clicking “I Agree,” the influencer agrees to fulfill the previously negotiated “Agreed upon Deliverables” in exchange for compensation detailed in the “Compensation & Payment Terms” contained in the attached Schedule of Services
