Terms of Use and Privacy Statement

1.  Nature of Relationship. You agree to act as an Affiliate for the Brand to promote products, services, and/or events. In exchange, you will receive product, discounts or other compensation as offered through Affiliatly.
2. Relationship. The Brand engages the Affiliate as an Independent Contractor on a non-exclusive, non-employee basis to endorse and promote its services to a target audience through their socail medi. The Parties shall have no authority to contractually bind the other or make decisions on the other Party’s behalf. As an Affiliate you are governed by the Terms of Service and Privacy Policies for the Brand.
3. Term. This Agreement shall have an initial term of one year and automatically renew for additional one-year terms thereafter unless either party provides notice of its intention of nonrenewal. It may be terminated in writing any time by any Party with seven days written notice. 
4. Deliverables. The Affiliate will deliver content or posts on the agreed platforms according to the deliverables specified by the Brand. The Services must abide by the rules of the relevant social media platforms, and may be subject to the Brand’s acceptance and approval.  
5. Rights You Grant Us. By posting or submitting content, including all types of media content or tasks, via the Affiliatly Portal, directly to the Brand or to any social media platform, you grant the Brand a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, transferable license to access, use, copy, publicly perform, digitally perform, publicly display or otherwise exhibit and distribute such content, and to transmit, sell, modify, create derivative works from and/or to incorporate such contributed content into other works in any form, medium or technology, commercial or otherwise, without further compensation to you or any third party. The Brand may, but is not obligated, to use your content. 
6. Representations and Warranties. The Affiliate represents and warrants to the Brand that (i) the Affiliate has no obligations, legal or otherwise, inconsistent with the terms of this Agreement or the Affiliate’s undertaking this relationship with the Brand; (ii) all content (save and except any materials supplied by the Brand) will be the original work and creation of the Affiliate and will not infringe the rights (including without limitation, any intellectual property rights) of any third party; (iii) you will not contribute content that reveals any trade secret, unless you own or have permission to reveal it; (iv) that content will not contain libelous, defamatory, obscene, offensive, hateful, pornographic, abusive, harassing, or threatening material or references.  
7. Content Requirements and FTC Guidelines. The Affiliate is responsible to verify that content meets Brand requirements and FTC guidelines. Content should not reference any competitor product. When posting, Affiliate must clearly disclose any “material connection” with the Brand, including the fact any consideration provided for a particular campaign. The above disclosure should be clear and prominent and made in close proximity to any statements that Affiliate makes about the Brand’s products or services. Affiliate’s statements should always reflect factual, honest, and truthful opinions and actual experiences. You are solely responsible for any content submitted and may be held legally liable for damages caused to any third party.  
8. Campaign Details & Collateral. The Brand shall provide the necessary content and briefing materials to enable the Affiliate to perform the services. Unless otherwise specified, the Affiliate shall be solely responsible for all costs associated with creating content. 
9. Compensation. In full consideration of the Affiliate’s performance, his / her obligations and the rights granted herein, the Affiliate shall receive commission on all referred orders. The Affiliate acknowledges that the agreed upon compensation represents the entire compensation with respect to this agreement and the Brand shall have no other obligation for any other compensation, expenses or costs incurred by the Affiliate. 
10. Confidentiality. The Affiliate agrees to hold in strictest confidence, and not to use or disclose without written authorization, any Confidential Information received from the Brand. “Confidential Information” means any proprietary information (including third party information), technical data, trade secrets or know-how, including but not limited to: illustrations, product plans, products, services, customer or Affiliate names, and other business information disclosed by the Brand either directly or indirectly in writing, orally or by drawings or observation of parts or equipment. 
11. Independent Contractor. The Affiliate acknowledges and agrees that you are acting as an independent contractor. The Affiliate shall be responsible for the manner and form by which they perform this contract, and the payment of all costs and taxes associated with it. 
12. Cancellation. Any Party may terminate this agreement upon breach of the other Parties with or without cause upon seven days prior written notice. In addition to any right or remedy available to the Brand under this agreement or applicable law, the Brand may instruct the Affiliate to return products or collateral, cease all promotional activities, or make clarifying statements, and the Affiliate shall immediately comply. The provisions relating to Termination, Indemnification and Rights You Grant Us of the Terms shall survive expiration or termination. 
13. Indemnification. The Affiliate agrees to indemnify, defend and hold harmless the Brand against any and all claims and losses arising out of or relating to the services performed by the Affiliate under this Agreement or the representations and warranties made pursuant to Section 6 hereof. Affiliate’s obligations shall survive termination, for any reason, of this Agreement. You shall promptly notify the Brand of any action against the Brand.