Influencer Marketing Contract
This Agreement for Influencer Marketing Services is between ("Influencer") and Bmar Media, LLC DBA Leather and Lights Design of 240 Bmars Road, Reidsville, North Carolina 27320 ("Company"). The effective date of this Agreement is September 16, 2024, and this Agreement terminates, never.
WHEREAS, Influencer has the capability and capacity to provide media advertising, marketing, promotion, and other influencer services; and
WHEREAS, Company desires to retain Influencer to provide such services under the terms and conditions hereinafter set forth, and Influencer is willing to perform such services.
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Company and Influencer (hereinafter, collectively, the "Parties", or each, individually, a "Party") agree as follows:
Content
Services. The influencer will produce video, audio, text or picture content that contains reference to our company or any company under our umbrella that is used for advertising and promotion of said company or product or service.
Schedule. Influencer will provide content to the Company on the following schedule: No expectation. If the person doesn't post or hustle then they won't get paid..
Approvals. Content will be subject to approval by the Company. Influencer shall make all changes, additions, or modifications to content immediately upon Company's request and resubmit content.
Format. This Agreement provides for content created by Influencer in the following format: Video, audio, text or pictural content that contains reference to our company or any company under our umbrella that is used for advertising and promotion of said company or product or service.
Guidelines. The content is subject to the following guidelines:
Influencer will not feature explicit music or language in the sponsored content.
Influencer will not promote any other products in the posts covered in the sponsored content.
The influencer will not purposely, maliciously or with bad intent post content that degrades, devalues, lies or falsely advertises our company or products.
Exclusive Rights. The Company will have exclusive rights to any content created as a result of this Agreement. Company shall have the right to: (a) republish any content created or produced by Influencer in performing the Services in any medium throughout the world in perpetuity and for no additional compensation, other than as expressly set out in this Agreement; and (b) edit, alter, translate, or otherwise modify such content in any way whatsoever, in Company's sole discretion.
Work Product Ownership and Intellectual Property. Company owns and shall own all worldwide right, title, and interest in and to all written, graphic, digital, coded, photographs, audio, audio-visual materials, and any other work product or other materials (whether finished or unfinished and whether used by Company or not) that are delivered to Company under this Agreement or are prepared by or on behalf of Influencer in the course of performing the Services, including all Intellectual Property Rights (as defined below) therein, together with all of the goodwill associated therewith (collectively, the "Work Product"). Work Product shall include, without limitation (whether finished or unfinished and whether used by Company or not), all copy, posts, blogs, articles, documents, derivative works, videos, taglines, research, studies, reports, presentations and proposals, artwork, music, photographs, graphic materials, and audiovisual works. "Intellectual Property Rights" shall mean all copyrights, trademarks, trade dress, trade names, trade secrets, patents, industrial designs, and other intellectual and industrial property rights.
Influencer irrevocably assigns to Company all worldwide right, title, and interest in and to all Intellectual Property Rights Influencer has or may in the future in Work Product. To the extent permitted by law, Influencer irrevocably and unconditionally waives and agrees not to assert any and all so-called "moral rights" that Influencer has, or may in the future have, concerning the Intellectual Property. Upon Company's request, Influencer will promptly take such further actions, including execution and delivery of all appropriate instruments of conveyance, as may be necessary to assist Company to prosecute, register, perfect, or record its rights in or to any Work Product and the associated Intellectual Property Rights.
Payment
Payment Rate. Provided Influencer is in full compliance with its obligations hereunder, Influencer will be paid a percentage of each order placed through their codes/lines in exchange for the completion of services described in this Agreement. Influencer acknowledges that the agreed upon compensation represents Influencer's entire compensation with respect to this Agreement, including, but not limited to, with respect to any Influencer Personnel, and Company shall have no other obligation for any other compensation other than for reasonable expenses incurred and substantiated by Influencer.
Other
Force Majeure. In no event shall the parties be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including (but not limited to) accidents, acts of war or terrorism, natural catastrophes, pandemics, or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the parties shall use reasonable efforts which are consistent with accepted practices in the industry to resume performance as soon as practicable under the circumstances.
Entire Agreement. This Agreement, including and together with any related exhibits, schedules, attachments, and appendices, constitutes the sole and entire agreement between the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
The terms and conditions contained in this Agreement expressly exclude any of Influencer's general terms and conditions or any other document issued by Influencer in connection with this Agreement.
By submitting an application for approval; you agree to the terms and conditions set forth in this agreement with no end date.