INFLUENCER MARKETING AGREEMENT
This Marketing Services Agreement (“Agreement”) is being made between
_______Qre___ (that’s “You” or “Your”) located at
_________________San Francisco CA__ and ___KNK_
(that’s “We” or “Us”) located at ____________Delaware_____________
on 12.14.2020 (date). _____Qre___________ and
______KNK____ may also be referred to as “Party” or together as the
“Parties”. This Agreement will become effective on __12.15.2020______
(“Effective Date”).
- Services
The Parties will perform the services (“Services”) listed in this Section 1. The Parties
acknowledge that their obligations to perform the Services serve as good and valuable
consideration for this Agreement. “Good and valuable consideration” is a fancy way of
saying: You get something out of this deal and We get something out of this deal,
therefore; this Agreement is a legally binding, fully-enforceable contract.
a. We will:
i. Create a tiktok-influencer database, consisting of 100 Qooore brand
fits._________________________________________
ii. Including: Niches, Names, Links, descriptions, following, Reach, Price per 1k
reached, comments
iii. ________________________________________________
b. You will:
i. pay $500 by the end of the time a table is delivered______________________________________________________
ii. ________________________________________________
iii. ________________________________________________
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- Additional Services
We may provide additional services upon your request, some of the services we provide
include: partnership, outreach contract and providing content. If You contract with us for
any additional services, you will provide additional valuable consideration. - Content Origination
a. We own the exclusive intellectual property ownership to the talents and the
content developed by us. We will manage the talents discovered by us. No
transfer of ownership of intellectual property or talent management may take
place under this Agreement.
b. We hereby grant You a non-exclusive, non-transferable, revocable license to use
our content solely and exclusively in conjunction with this Agreement. You may
not modify our intellectual property in any way.
c. Unauthorized use of our intellectual property shall be considered unlawful
infringement. - Deliverables
We will deliver the agreed number of posts on the agreed platforms on your behalf
according to the delivery schedule provided by you. The Services shall conform to the
specifications and instructions outlined in detail by you, they will conform to the rules of
the relevant social media platforms, and are subject to your approval. We will use
appropriate language, and avoid any representation or content that promotes racism,
discrimination on race, gender, religion, nationality, disability, sexual orientation and
age. - Compensation
They say nothing good in life is free and our work is no exception.
Total Cost of the Services: 500_______________
Amount Due at Signing: _____250__________
Amount Due at Completion _250______________
- Expenses and Payment
a. Expenses: We may incur expenses that aren’t included as a part of the fee for
our Services. We will keep an accurate record of the expenses we incur in performing
the Services. We will send you an invoice for the expenses, along with proof and
receipts, upon completion of the Services.
b. [OPTION ONE] Expense Approval: If any single expense is over $__100$___,
We will get Your verbal approval before making the purchase. We understand You are
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busy running a business, so We will document Your verbal approval so You don’t forget.
We will be sure to provide documentation of Your verbal approval along with the
invoice.
c. Payment: Invoiced amounts must be paid within 5 days of receipt of the invoice.
As much as we like cash money, payments must be made by electronic
payment/check/money order. Payments should be made to:
________ Name
________________ Address
KNK
Delaware
- Term and Termination
a. The term of this Agreement is 12 months from the Effective Date, unless
terminated earlier for other reasons available in this Agreement.
b. If either Party fails to follow through with their responsibilities or obligations under
this Agreement, the other Party can end this Agreement by giving a 10 day written
notice to the breaching Party/the other Party can end this Agreement immediately by
giving written notice to the breaching Party.
c. This Agreement will automatically terminate when both Parties have performed
all of their obligations under the Agreement and all payments have been receive - Confidentiality
a. During the course of performance of our duties we will receive access to and
create documents, records and information of a confidential and proprietary nature to
you and your customers. We acknowledge and agree that such information is an asset
to you, is not generally known to the trade, is of a confidential nature and, to preserve
your goodwill and that your clients, such information must be kept confidential and only
used in the performance of our duties.
b. We agree that we 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 your company/ organization or as directed by you.
c. This Section 8 will survive the termination or expiration of this Agreement.ss - Relationship of the Parties
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a. No Exclusivity: The Parties understand that this Agreement is not an exclusive
arrangement (i.e. – the Parties aren’t “going steady”). The Parties agree that they are
free to enter into other similar agreements with other parties.
b. Independent Contractors. The Parties to this Agreement are independent
contractors which means this is a “no strings attached” business relationship. Neither
Party is an agent, representative, partner, or employee of the other Party.
- Licenses
Your stuff will always be Your stuff. Your pre-existing trademarks and copyright
material (like logos and service marks) (“Marks”) will remain Your property and You will
be the sole owner of all rights in connection to it. You grant Us a nonexclusive,
nontransferable license to use, reproduce, and modify the Marks as needed to
effectively carry out the Services We are providing. We agree to stop using the Marks
immediately upon Your request. When this Agreement is terminated, our license to use
the Marks will also terminate. - Limitation of Liability
Your liability to Us is only for the costs payable under this Agreement. You will not be
liable to Us, or any third-party, for damages like lost profits, lost savings, incidental
damages, consequential damages, punitive, exemplary, or special damages. Neither
Party will be liable for lost profits or lost business opportunities upon breach of this
Agreement. - Waiver
Neither Party can waive any provision of this Agreement, or any rights or obligations
under this Agreement, unless agreed to in writing by the Parties. If any provision, right,
or obligation is waived, it’s only waived to the extent agreed to in writing. - Amendments
This Agreement may be modified as needed. To make a modification, the Parties have
to agree to the modification in writing in the form of an amendment. The terms of this
Agreement will apply to any amendment made unless otherwise stated in the
amendment. - Assignment
The Parties may not assign the responsibilities that they have under this Agreement to
anyone else unless both Parties agree to the assignment in writing. - Dispute Resolution
a. Negotiation: We want to work this out. In the event of a dispute, the Parties
agree to work towards a resolution through good faith negotiation.
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b. Mediation/Arbitration: If talking it over doesn’t go well, either Party may initiate
mediation or binding arbitration in a forum mutually agreed to by the Parties.
c. Litigation: We hate fights, but if litigation is necessary this Agreement will be
interpreted based on the laws of the State of California, regardless of any conflict of law
issues that may arises. The Parties agree that the dispute will be resolved at a court of
competent jurisdiction in the State of California.
d. Attorney’s Fees: The prevailing party, also known as the “winner”, will be able to
recover its attorney’s fees and other reasonable costs for a dispute resolved by binding
arbitration or litigation.
- Entire Agreement
This Agreement puts the Parties entire understanding of the Services to be performed
and anything else the Parties have agreed to in black and white (literally). This
Agreement supersedes any other written or verbal communications between the
Parties. Any subsequent changes to this Agreement must be made in writing and
signed by both Parties. - Severability
If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest
of the Agreement will still be enforceable. - Notices
All notices under this Agreement must be sent by either email with return confirmation of
receipt, or certified or registered snail mail with return receipt requested.
Notices should be sent to:
______ Company Name _________ Customer Name
___________ Address ____________ Address
______________ Email _________________ Email
IN WITNESS WHEREOF, both parties agree to these terms and give their consent as
follows:
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______________ Customer Name
Signed: _______
Name: _______
Title: _______
Date: _______
________________ Company Name
Signed: _______
Name: _______
Title: _______
Date: _______
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