TimTam Influencer Terms of Service
This Influencer Agreement ("Agreement") is entered into the Company (“TimTam”) and the Influencer.
The Company and the Influencer agree:
- Appointment. The Company would like the Influencer’s assistance in promoting / offering / selling the Company’s products via their social media accounts. The Company hereby appoints the Influencer as its representative on a non-exclusive, non-employee basis to endorse and promote its services to the target audience.
- Term. This Agreement shall have an initial term of three months and shall automatically renew for additional three month terms thereafter unless either party provides thirty days prior written notice of its intention of nonrenewal.
- Deliverables. The Influencer will deliver 1 post on the agreed platforms on behalf of the Company according to the delivery schedule specified by the Company. The Influencer must deliver 1 post to the Company within 30 days of acceptance into this agreement. The Services shall abide by the rules of the relevant social media platforms, and are subject to the Company's acceptance and approval. The Company has a maximum of 30 days to reject any deliverable in accordance with this Section and must notify the Influencer within 30 days of receipt of work that additional revisions and/or amendments will be requested.
- Cancellation. Either party may terminate this agreement upon ten days prior written notice if the other party breaches this agreement and does not cure such breach within such time period. In addition to any right or remedy that may be available to the Company under this agreement or applicable law, In addition, in the event that the Influencer has breached this agreement, the Company may (i) immediately suspend, limit or terminate the Influencer’s access to any Company 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.
- Collateral Details. The Company 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.
- Items to Avoid in Influencer Posts: The Influencer agrees to avoid mentioning the following agreed competitors of The Company: Hyperice, Theragun. The Influencer agrees to abide by all guidelines as follows. 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.
- Approval and Content Origination: The Influencer understands that all promotions and products they promote as part of this agreement are controlled by the Company. The Influencer assumes all responsibility for verifying that the campaign materials used meet the Company’s approval.
- Confidentiality and Exclusivity. During the course of the Influencer's performance of services for the Company, the Influencer will receive, have access to and create documents, records and information of a confidential and proprietary nature to the Company and customers of the Company. The Influencer acknowledges and agrees that such information is an asset of the Company or its clients, is not generally known to the trade, is of a confidential nature and, to preserve the goodwill of the Company 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 Company or as otherwise directed by the Company in the course of the Influencer's performance of services under this Agreement, and thereafter only with the written permission of the Company. Upon termination of this Agreement or upon the request of the Company, the Influencer will return to the Company 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 Company.
- Compensation. In full consideration of the Influencer’s performance, his / her obligations and the rights granted herein, the Influencer shall be receive the requested merchandise from the Company. 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 Company 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.
- Material disclosures and compliance with FTC Guidelines. When publishing posts/statuses about the Company’s products or services, the Influencer must clearly disclose his/her “material connection” with the Company, 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 Company or the Company’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 Company or the Company's products which the Influencer knows for certain are true and can be verified.
- 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.
- Independent Contractor. The Influencer is retained as an independent contractor of the Company. 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 Company. 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 Company.
- Choice of Law. This Agreement shall be construed and enforced pursuant to the laws and decisions of TX / United States.