Influencer Agreement
This Agreement establishes the terms under which the Influencer will promote the Company’s AI planning platform (the “Product”) and receive commissions for sales generated through their promotional efforts.
1. Purpose
The purpose of this Agreement is to establish the terms and conditions under which the Influencer will promote the Company’s AI planning platform (the “Product”) and receive commissions for sales generated through their promotional efforts.
2. Influencer’s Responsibilities
The Influencer agrees to:
- Promote the Product on their social media platforms, website, or other agreed-upon channels.
- Use their best efforts to generate sales of the Product.
- Comply with all applicable laws and regulations, including advertising and disclosure requirements.
- Use the unique affiliate link provided by the Company when promoting the Product.
- Avoid making false or misleading claims about the Product.
3. Company’s Responsibilities
The Company will:
- Provide the Influencer with a unique affiliate link for tracking sales.
- Supply marketing materials and product information.
- Track sales generated via the Influencer’s affiliate link and provide regular reports.
- Pay commissions as outlined in Section 4.
4. Commission
The Influencer will receive:
- 20% of the initial weekly subscription fee of $2.99 for each new user that signs up via their affiliate link.
- A bonus of $1 per user that remains subscribed for 4 weeks.
- A bonus of $3 per user that remains subscribed for 12 weeks.
Commissions will be paid monthly via bank transfer.
5. Term and Termination
This Agreement will commence on the Effective Date and continue until terminated by either party with [NUMBER] days’ written notice. The Company may terminate this Agreement immediately for cause, including breach of this Agreement or violation of applicable laws.
6. Independent Contractor
The Influencer is an independent contractor and not an employee of the Company and is responsible for all applicable taxes and other obligations arising from their work under this Agreement.
7. Confidentiality
The Influencer agrees to keep confidential any proprietary information shared by the Company.
8. Governing Law
This Agreement will be governed by and construed in accordance with the laws of the United Kingdom and Scotland.
9. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.
11. Non-Compete Clause
During the term of this Agreement and for 3 months following termination, the Influencer will not engage in any business or activity that competes with the Company’s AI planning platform, nor promote, endorse, or advertise products or services that are similar to or compete with the Company’s Product.
12. Dispute Resolution
Any disputes shall first be attempted to be resolved through good faith negotiations. Failing negotiation, the dispute will be submitted to mediation under the rules of the Centre for Effective Dispute Resolution (CEDR), and if necessary, binding arbitration under the rules of the London Court of International Arbitration (LCIA) in Scotland.
13. Intellectual Property
All intellectual property rights in the Company’s AI planning platform are exclusively owned by the Company. The Influencer agrees not to use, reproduce, or distribute any of the Company’s intellectual property without prior written consent. Content created by the Influencer for the promotion of the Product shall be considered a work made for hire and owned by the Company.
14. Content Ownership
The Influencer grants the Company a non-exclusive, royalty-free license to use the content created for promotional purposes. The Company will own any content created specifically for advertising on its platforms.
15. FTC Compliance
The Influencer will comply with all applicable guidelines regarding endorsements and testimonials. Any material connection with the Company will be clearly disclosed using terms such as “#ad”, “#sponsored”, or “Paid partnership with [brand]”.
16. Independent Contractor
The Influencer is an independent contractor and is not an employee, agent, or partner of the Company.
17. Data Protection
The Influencer agrees to comply with applicable data protection laws (including GDPR). Any personal data collected in connection with promotional activities must be processed securely and lawfully. The Influencer shall not share personal data without explicit consent, and the Company reserves the right to audit compliance.
18. Indemnification
The Influencer agrees to indemnify, defend, and hold harmless the Company (and its affiliates, officers, and employees) from any claims or damages arising from breach, negligence, or wilful misconduct. Similarly, the Company agrees to indemnify the Influencer for any related claims arising from its breach or negligence.
19. Assignment
Neither party may assign or transfer its rights or obligations under this Agreement without prior written consent. This Agreement shall be binding on and benefit the parties and their respective successors.
20. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom and Scotland.