CONTENT CREATOR AGREEMENT

CONTENT CREATOR AGREEMENT

This Content Creator Agreement, hereinafter referred to as “Agreement,” is entered into and made effective as of ____________________________ (the “Effective Date”) by and between the following parties: ________________________ (“Advertiser”), having a primary address at the following:

Email:

and (“Content Creator”), having a primary address at the following:

“Content Creator” Name: ________________

Email: ________________

The parties may be referred to individually as “Party” and collectively as the “Parties.”

RECITALS:

WHEREAS, Advertiser wishes to advertise certain products;

WHEREAS, Content Creator’s social media reach is valuable for the advertising and sale of such products;

WHEREAS, the Parties desire to enter into an agreement whereby the Content Creator will promote and refer Advertiser’s products as described below; and

WHEREAS, the Parties wish to establish a written document between them covering the terms and conditions of their agreement.

NOW, therefore, in consideration of the promises and covenants contained herein, as well as other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Parties hereby agree as follows:

  1. AGREEMENT:

Within this Agreement, the Content Creator agrees to promote and refer the following of Advertiser’s products (the “Products”) on Content Creator’s social media, described further below:

  1. PROMOTION AND SALE:

Content Creator will post at least 1 video or photograph post review of the product with an honest opinion about the products within 5-6 days after receiving the product. In addition to posting the content, they must display links and any discount codes advised to use.

The Advertiser can use the Content Creator’s content across all social media platforms, Ads and the brand website.

The cost of shipping and return will be paid by the Advertiser.

  1. TERM & TERMINATION:

This Agreement shall terminate on _______________________________-

This Agreement may also be terminated by either Party, upon notice in writing:

  1. a) If the Content Creator commits material breach such as failing to turn in the video as required by the terms of this Agreement.
  2. b) If the other Party becomes unable to perform its duties hereunder, including a duty to pay or a duty to perform.

Advertiser specifically reserves the right to terminate this Agreement if Content Creator violates any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Advertiser or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.

  1. NON-EXCLUSIVITY:

Nothing in this Agreement shall be deemed to create a non-exclusive relationship between Advertiser and Content Creator. The Content Creator is free to work with other advertisers and Advertiser may hire additional Content Creators.

  1. INTELLECTUAL PROPERTY:

Content Creator and Advertiser each agree that any intellectual property, including copyrights, trademarks, trade secrets, patents, and other intellectual property belonging to the respective Parties shall remain owned by the respective Parties. No transfer of ownership of intellectual property may take place under this Agreement.

Subject to the limitations listed below, each Party hereby grants the other a non-exclusive, non-transferable, revocable license to use their intellectual property solely and exclusively in conjunction with this Agreement. No Party may modify the other Party’s intellectual property in any way. Either Party may revoke this license at any time, including if any misuse of intellectual property is found. This license will terminate at the expiration of this Agreement. Unauthorized use of any Party’s intellectual property shall be considered unlawful infringement and each Party reserves all rights, including the right to pursue an infringement suit in federal court.

 

  1. COMMUNICATION:

Content Creator agrees to maintain open communication with Advertiser, including promptly responding to calls, messages, and emails. Advertiser agrees to maintain open communication with Advertiser, including promptly responding to calls, messages and emails. In the event either party fails to respond within 5 business days, such action shall be treated as a Material Breach, upon which the non-breaching party shall send a final correspondence. Failure to respond within 48 hours shall immediately terminate this agreement.

  1. COMPLIANCE:

Content Creator warrants and agrees to maintain full compliance with all) rules and regulations, as well as any other applicable laws.

  1. CONFIDENTIALITY:

The Parties acknowledge and agree that Confidential Information, as defined below, may be exchanged in the course of the Parties’ relationship. Each Party shall maintain the secrecy of the other Party’s Confidential Information throughout the duration of this Agreement.

  1. MODIFICATION & VARIATION:

The Parties may modify the terms of this Agreement upon written notice. However, such modification is subject to acceptance by the non-modifying Party. If the non-modifying Party does not agree to the updated terms, that Party may terminate this Agreement. Upon termination, all Fees earned but not paid to Content Creator will be due.

To the extent any part or sub-part of the modified Agreement is held ineffective or invalid by any court of law, the Parties’ agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.

  1. INDEMNIFICATION:

Content Creator agrees to defend and indemnify Advertiser and any of its agents (if applicable) and hold Advertiser harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Content Creator’s conduct or actions. Advertiser shall be able to select its own legal counsel and may participate in its own defense, if Advertiser wishes. Advertiser agrees to defend and indemnify Content Creator and hold Content Creator harmless against any and all legal claims, demands, including reasonable attorney’s fees which may arise out of third-party claims or incidentals arising out of the Advertiser’s business.

  1. GENERAL PROVISIONS:
  2. LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
  3. ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail after a period of 5 business days, the Parties shall then submit the dispute to binding arbitration administered by an arbitrator chosen by both parties. Parties submit to the arbitration virtually. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing law in _________________
  4. ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by either Party.
  5. SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
  6. NO WAIVER: In the event that any Party fails to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
  7. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
  8. FORCE MAJEURE: The Parties are not liable for any failure to perform due to causes beyond their reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, pandemics, acts by Cuomo, epidemics, acts of Government, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
  9. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including email or fax.

 

 

 

 

IN WITNESS WHEREOF, the Parties execute this Agreement as follows:

Name: ______________________________

Signature: ______________________________

Date: ______________________

 

Name: ___________________________

Signature: _________________________

Date: _____________________________

 

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