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Shine Influencer Terms + Conditions

1. Introduction

These Influencer Terms and Conditions ("Agreement") are entered into by and between Shine Spray Tanning ("Company") and the individual or entity agreeing to these terms ("Influencer"). This Agreement governs the collaboration between the Company and the Influencer for promotional and marketing activities.

2. Definitions

  • "Content": Any material created by the Influencer, including but not limited to photos, videos, blog posts, social media posts, and stories.

  • "Platforms": Social media platforms where the Influencer will share the Content, including but not limited to Instagram, Facebook, Twitter, TikTok, and YouTube.

  • "Campaign": The specific promotional activities and content creation tasks agreed upon by the Company and the Influencer.

3. Responsibilities of the Influencer

  • Content Creation: Influencer agrees to create original, high-quality Content featuring the Company's products and/or services as outlined in the Campaign brief.

  • Content Posting: Influencer agrees to post the Content on the agreed Platforms at the specified dates and times.

  • Disclosure: Influencer agrees to comply with all FTC guidelines and clearly disclose any material connections between the Influencer and the Company, using appropriate hashtags (e.g., #ad, #sponsored) and/or statements.

  • Brand Guidelines: Influencer agrees to follow the Company’s brand guidelines, including but not limited to brand messaging, tone, and visual aesthetics.

4. Compensation

  • Payment Terms: Influencer will be compensated as outlined in the Campaign brief. Compensation may include monetary payment, free products, discounts, or other benefits.

  • Payment Schedule: Payment will be made according to the schedule outlined in the Campaign brief, contingent upon the satisfactory completion of agreed deliverables.

5. Content Rights and Usage

  • Ownership: Influencer retains ownership of the Content created, but grants the Company a perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and display the Content for marketing and promotional purposes.

  • Approval Rights: The Company reserves the right to request revisions to the Content if it does not meet the Campaign requirements or brand guidelines.

6. Confidentiality

Influencer agrees to keep all non-public information about the Company and the Campaign confidential, including but not limited to marketing strategies, product details, and compensation terms.

7. Termination

  • Mutual Termination: This Agreement may be terminated by mutual written consent of both parties.

  • Breach of Agreement: The Company reserves the right to terminate this Agreement immediately if the Influencer breaches any of the terms outlined herein.

  • Effect of Termination: Upon termination, the Influencer must cease all use of the Company’s brand name, trademarks, and any related content.

8. Representations and Warranties

  • Influencer’s Representations: Influencer represents and warrants that they have the right to enter into this Agreement and perform their obligations hereunder, and that their performance will not infringe upon or violate the rights of any third party.

  • Company’s Representations: The Company represents and warrants that it has the right to enter into this Agreement and to grant the rights and licenses provided herein.

9. Indemnification

Influencer agrees to indemnify and hold harmless the Company from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to any breach of this Agreement by the Influencer.

10. Limitation of Liability

In no event shall either party be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to this Agreement, even if advised of the possibility of such damages.

11. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state of Nebraska, without regard to its conflict of law principles.

12. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, and representations, whether written or oral.

13. Amendments

This Agreement may only be amended or modified by a written agreement signed by both parties.

14. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

15. Assignment

Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party.

16. Notices

Any notices required or permitted to be given under this Agreement shall be in writing and delivered to the respective parties at the addresses provided at the time of signing.

By entering into this Agreement, the Influencer and the Company acknowledge that they have read, understood, and agree to be bound by the terms and conditions set forth above.

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