1)
Parties:
This Affiliate agreement
“hereinafter, Agreement” is entered into the date of approval by and between
“The Advertiser” and “The Affiliate” (as filled out in the form. Together,
hereinafter referred to as “Parties”.
2)
Purpose:
The Advertiser and The Affiliate
want to mutually collaborate with each other to promote The Advertiser’s
products and brand through influencer campaigns.
3)
Term:
The Agreement will commence on the
date of signing from both parties and will expire 90-days thereafter, unless
terminated, as per the termination conditions listed within this Agreement.
Extensions of this agreement may be permitted and will be documented in writing
by the Parties.
4)
Confidentiality:
This contract is strictly
confidential and only entities approved by The Advertiser are authorized to
view and know the terms and conditions set forth in this agreement.
5)
Content
Requirements:
Content is defined as media
created for the purpose of this agreement which include photos, videos,
stories, reels, quotes, and testimonials.
The Affiliate agrees to the
following:
1)
All content must be
shared with and approved by The Advertiser before being posted. This includes
the titles, captions, text, hashtags, and tags associated with the content.
2)
All content will be
original, created by The Affiliate.
3)
The approved content
will be shared by The Affiliate on their social media channels listed above.
4)
The approved content
will include a mention to The Advertiser’s Instagram account listed above.
5)
The content will be
compliant with the terms and conditions of the social media platforms used.
6)
The content will meet
the requirements set out in Schedule 1.
7)
Adherence to all
applicable laws and regulations within The Affiliate’s legal jurisdictions.
6)
Copyright / Ownership:
The Advertiser will own in
perpetuity the copyright of any and all content produced for the purposes of
this Agreement, including all intellectual property rights. Such content is
deemed royalty free and can be used by The Advertiser without compensation to
The Affiliate, unless subject to the payment terms below.
The Affiliate is permitted and
required to share content within their respective social media channels within
the terms of this agreement. Such content shared by the Affiliate must remain
posted for a minimum of 30-days from post date.
7)
Exclusivity:
The Affiliate agrees that during
the time of this contract, and for 90-days afterward, The Affiliate will not
promote or advertise any products that directly compete with The Advertiser’s
products promoted, as set out in Schedule 1.
8)
Reporting /
Performance:
The Parties agree to provide the
necessary reporting as outlined below:
1)
The Affiliate –
required within 24 to 48 hours of content being posted
a.
Reach – how many
accounts viewed the content
b.
Engagement – how much
engagement the post received (split by likes & comments)
2)
The Advertiser –
required within 0 to 30 days of content being posted
a.
Net sales revenue
attributed to The Advertiser
9)
Termination:
At any time, either party may
terminate this contract upon signing, subject to the following conditions:
1)
If terminated by The
Affiliate:
a.
The Affiliate is
required to cover any costs related to the Advertiser providing products needed
for the campaign. This includes costs of the product and related costs such as
tax and shipping charges.
b.
The Affiliate submits
all ownership rights of the content to The Advertiser.
c.
The Advertiser will
provide compensation outlined within this agreement up to but not beyond the
date and time of termination.
2)
If terminated by The
Advertiser:
a.
The Affiliate submits
all ownership rights of the content to The Advertiser.
b.
The Advertiser will
provide compensation for up to 7-days after post date, as per the Payment and
Payment Terms set forth in this agreement.
10)
Mutual Brand
Protection:
Parties agree that neither party
will act in any way that cause harm to either brand at any time during the term
of this agreement, and in perpetuity regardless of termination or expiry.
11)
Customer
Incentive:
The Advertiser agrees to provide
The Affiliate a unique discount code that provides customers driven by The
Affiliate 10% off on products listed within Schedule 1 as an incentive.
12)
Payment &
Payment Terms:
The Advertiser agrees to pay
commissions of 10% to The Affiliate, on net revenue for sales generated by The
Affiliate, minus any applicable fees. Sales generated by the Affiliate will be
exclusively tracked by the unique discount code provided to The Affiliate by
The Advertiser. Payment terms are net 30 and will be issued via PayPal to The
Advertiser’s email address listed above. The Advertiser is responsible to pay
any applicable taxes within their jurisdiction. In the instance whereby The
Affiliate is in breach of the Agreement, the Affiliate forfeits any compensation
earned as a result of this Agreement.
13)
Acknowledgement:
By submitting this agreement, The
Advertiser and The Affiliate agree to have read, understood, and agree to
comply with the terms and conditions set out in this agreement. Each party
represent and warrant to each other than each is free to enter into this agreement
and that this engagement does not violate the terms of any agreement between
any third party.
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