located at 330 Franklin Rd, Suite 135A-280, Brentwood, TN, and [Influencer Name] ("Influencer"), collectively referred to as the "Parties".
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Objective: The objective of this Agreement is to establish a mutually beneficial relationship wherein the Influencer will create promotion videos for Radical Labs' Delta 8 THC and Delta 9 THC hemp-derived cannabinoids. The videos will be reviewed and edited by the Company before being promoted on various social media platforms, including YouTube, Twitter, Facebook, Instagram, TikTok, and LinkedIn, with the aim of increasing brand awareness, driving website traffic, and boosting sales among the target audience of 21 to 45 year olds who are creatives, athletes, embrace mindfulness, or professionals.
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Content Creation and Promotion: 2.1 Influencer agrees to create and deliver promotion videos highlighting Radical Labs' hemp-derived cannabinoids as per the Company's guidelines and specifications. 2.2 The Company shall have the right to review and request edits to the videos before they are promoted on social media platforms. 2.3 The Company retains ownership of all content created under this Agreement, including but not limited to videos, images, captions, and hashtags.
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Compensation: 3.1 In consideration for the services provided by the Influencer, the Company shall compensate the Influencer as agreed upon between the Parties. 3.2 Payment terms and conditions will be mutually agreed upon in writing between the Parties. Payment Terms and Conditions for Radical Labs Affiliate Program:
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F. Minimum Sales Requirement and Compensation: In order to receive payment, affiliates participating in the Radical Labs Affiliate Program must meet a minimum sales requirement. If no products are sold during a specified period, the affiliate will not be eligible for commission payment. However, they will be allowed to retain the sample box provided to them for promotional purposes. The minimum sales requirement and the corresponding period will be communicated to affiliates during the registration process or through subsequent updates. Please note that this provision is in addition to the existing terms outlined in the payment terms and conditions. Affiliates should review the complete program guidelines for a comprehensive understanding of the terms and requirements.
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G. Compliance with Laws: Affiliates participating in the Radical Labs Affiliate Program must comply with all applicable laws and regulations, including those related to advertising, marketing, and disclosure. Violation of these terms may result in termination from the program and forfeiture of any unpaid commissions.
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FTC Compliance: 4.1 The Influencer shall comply with all applicable laws, regulations, and guidelines, including the Federal Trade Commission (FTC) guidelines, pertaining to the endorsement and promotion of hemp-derived cannabinoids. 4.2 The Influencer shall clearly disclose their partnership with Radical Labs in all promotional content, using appropriate disclosure language as required by law.
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Representations and Warranties: 5.1 The Influencer represents and warrants that they have the necessary rights, permissions, and licenses to create, publish, and promote the content as outlined in this Agreement. 5.2 The Influencer represents and warrants that the content created and published will not infringe upon the intellectual property rights, privacy, or any other rights of any third party.
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Confidentiality: 6.1 Both Parties shall maintain the confidentiality of any confidential information shared during the term of this Agreement. 6.2 The Influencer shall not disclose or use any confidential information for any purpose other than performing their obligations under this Agreement.
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Termination: 7.1 Either Party may terminate this Agreement upon written notice to the other Party in the event of a material breach of any provision of this Agreement. 7.2 Upon termination, the Influencer shall immediately cease using the Company's intellectual property and return any confidential information provided by the Company.
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Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the state of Tennessee. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in the state of Tennessee.
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Entire Agreement: This Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes any prior agreements or understandings, whether written or oral.