These Influencer Terms and Conditions govern services to be provided by Influencers who participate in Findster's marketing program.
- The Influencer will receive a free Findster Duo+, but in return will share at least 5 posts displaying and promoting the product.
- Findster will provide the Influencer a unique coupon code, which grants customers an immediate 10% discount on new orders.
- The Influencer is entitled to 10% of each sale completed with this specific coupon code.
- Payment will be processed on a monthly basis, via an Amazon Gift card with the corresponding amount.
- Sharing the unique coupon code in loyalty or coupon networks is not allowed. If any purchase from any similar networks is detected, it will not count towards the monthly total and therefore will not be included in the Amazon Gift Card. If this is the case, the coupon may be changed.
Intellectual Property Rights
- Intellectual Property Rights. No license or other right of any kind is granted by Findster to the Influencer, except as expressly provided in these Terms. The Influencer shall not use Findster's copyrights, trademarks, trade names, or other intellectual property in any way except to the limited extent as may be expressly agreed in the agreement.
- Influencer's Content and Attributes. Influencer gives Findster the irrevocable, sub-licenseable, worldwide right and permission to use any work product or other video, photo, written or verbal content the Influencer shares or provides related to the services in any manner, in whole or in part, and for any purpose in any and in any and all media, including and without limitation, on Findster owned or controlled websites and platforms, social media, any advertising materials, publications, marketing materials, and/or presentations, and in any and all other media, in perpetuity. Any statements, posts and/or feedback that the Influencer provides may be paraphrased, amplified, shortened and/or put into conversational form. The Influencer further agrees that Findster may contact (including by means of messages on public social media platforms) the Influencer about any Findster-Related Content.
The Influencer acknowledges that participation in the services means Findster can use the Influencer's Findster-Related Content and include the Influencer's name/likeness/social media handle or channel/blog name and any other Influencer attributes in any manner that Findster determines supports the purposes of these Terms, including use in any media that accepts advertising or promotional content or communications (such as, but not limited to, digital, print, television or radio).
Representations and Warranties; Indemnity
- The Influencer represents and warrants that: (i) the Findster-Related Content will be wholly original and will not infringe upon any copyright, patent, trademark, right of publicity or privacy, or any other proprietary or other right of any person, whether contractual, statutory or common law; (ii) the Services rendered by the Influencer shall be promptly rendered with due care and shall be of first rate quality; (iii) the Influencer will not commit any act which brings Findster into public disrepute, contempt, scandal, or ridicule, or which insults or offends the general community to which Findster's advertising materials are directed, or which might tend to harm Findster or any of Findster's products or services including, without limitation, disparaging Findster or its products or services; (iv) the Influencer's statements, posts and feedback are true and accurately reflect Influencer's honest opinion and experience with Findster, and its competitors' products and/or services to the extent applicable, (v) the Influencer agrees that time is of the essence in connection with these Terms and all deadlines provided by Findster, (viii) the Influencer will comply with all applicable federal, state and local laws, regulations, administrative guidelines, orders and ordinances, including without limitation, all privacy and data security laws and the terms and conditions of all applicable third party websites, platforms or applications, including by making disclosures in accordance with the FTC Endorsement and Testimonial Guidelines (“FTC Guides”) as further detailed on the agreement, in rendering the Services herein and (ix) the Influencer is at least 18 years of age and has the right and authority to enter into this agreement in the Influencer's own name.
- The Influencer agrees to defend, indemnify and hold harmless Findster and its parents, affiliates, subsidiaries, officers, directors, employees, business partners and agents, from and against any and all third party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) the Influencer's breach of any of its representations and/or warranties hereunder, (ii) the authorized use of the Findster-Related Content or exercise of the rights granted hereunder, (iii) the Influencer's use of third party products or content in performing the Services; and (iv) the Influencer's negligence or willful misconduct.
- The Influencer hereby agrees, for the Influencer and the Influencer's heirs, executors and administrators, to release, waive, discharge, absolve, agree to hold harmless, and covenants not to sue, Findster and its agents, employees, officers, directors, successors and assigns (collectively, “Released Parties”), from and/or in relation to any and all liability, loss, harm, damage, injury, cost or expense whatsoever resulting from the use of the Influencer's Findster-Related Content or which the Influencer, his/her heirs, executors, administrators and assigns had, now have or hereafter may have, by reason of any matter connected in any way with the Released Parties' exercise of their express or implied rights hereunder, including but not limited to the right to use the Influencer's name, voice or likeness, it being understood that the Released Parties shall be free to use the Influencer's name, voice and likeness in any manner in connection with the Findster-Related Content or otherwise in support of the purposes of these Terms. Findster shall not be liable for any indirect, consequential, exemplary damages (including but not limited to lost profits) and the combined, aggregate liability of Findster hereunder shall not exceed the fees payable to the Influencer under these Terms.
Relationship of Parties
The Influencer's relationship with Findster is that of an independent contractor and the Influencer agrees that as an independent contractor, it will not be considered an employee of Findster for any purpose, including tax obligations, and will not be eligible to participate in any of Findster's medical, benefit or health plans.
Unless authorized by Findster, the Influencer agrees to hold all Confidential Information in strict confidence, not to disclose Confidential Information to any third parties, and to use Confidential Information solely for the purpose of fulfilling its obligations under these Terms. “Confidential Information” shall mean all information, excluding information available from the public domain, disclosed by Findster to the Influencer.
No Conflict of Interest
The Influencer is not subject to, and will not accept during the Term, any obligation that is inconsistent or incompatible with the Influencer's obligations under these Terms, including any obligation to perform services for any company whose goods and services compete with those of the Findster.
Term and Termination
- Term. The initial term of these Terms shall commence on the Effective Date and continue in full force and effect until terminated as set forth herein or until completion of all Services specified herein, whichever is sooner.
- Termination. Findster may terminate these Terms and/or the Services under any Agreement: (i) immediately in the event of a material breach by the Influencer or (ii) for convenience at any time, upon seven (7) days' notice to the Influencer. The Influencer must return any materials supplied under these Terms, and immediately remove any Findster-Related Content from dissemination or from Influencer channels upon termination. For clarity, the Influencer's failure to make disclosures in the manner set forth in the FTC Guides and/or as instructed by Findster shall be deemed a material breach of the Terms that is not capable of cure.
- Survival. The rights and obligations contained in Sections 2 (“Intellectual Property Rights”), 3 (“Representations and Warranties”), 5 (“Confidential Information”), and 7(c) (“Survival”) will survive any termination or expiration of these Terms.