Influencer Product Exchange Terms Of Service
*The Influencer acknowledges that by applying for a product exchange it does not mean the Influencer has been approved for any form of paid collaboration. The influencer will disclose the relationship with the brand on any social media posting from this product exchange and will place “Thanks to Sugarbear Pro for the free Hair Vitamin Gummies” visibly on all posts in a way that is hard to miss. For more information on how to properly disclose partnerships with brands please download this Diclosures 101 for Social Media Influencers document from the FTC.
*The company may choose to send a package to the influencer and the influencer understands that the action of sending the influencer a package does not commit the company or the influencer to a paid collaboration.
*Any importation fee or delivery fee for any package shipped to the Influencer by the Brand, in association with the collaboration, will be covered by the Brand, BeSweet Creations. The Influencer acknowledges they will reach out to VIP@sugarbearpro.com to rectify any and all importation fees associated with the package.
*This agreement supersedes any prior discussions oral or written. Any future agreed upon compensation will be agreed to contractually and requires full execution by both parties to be honored.
*Independent Contractor; Compensation; Taxes. Should the Influencer qualify for a collaboration, the Influencer acknowledges they are an independent contractor and will not become an employee, partner, agent or principal of Company under this Agreement. Influencer is responsible for paying any taxes and withholdings due in connection with the Fee. Influencer is not a member of any actors’ or performers’ union or guild.
*Disclosures. Influencer understands and agrees that Influencer is responsible for making all public disclosures that are required by law with regard to any payment, Fee and this Agreement, including the United State Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials.
*Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, U.S.A., without regard to any conflict of laws principles. Any dispute or action arising under or concerning this Agreement shall be brought before the State or Federal Courts located in the State of Florida, U.S.A.
*Arbitration. Except or a breach or threatened breach of confidential information, any dispute, claim or controversy arising out of or relating to this Agreement or the interpretation thereof, shall be determined solely by binding arbitration under the rules of JAMS Optional Expedited Arbitration Procedures in effect at the time the notice of arbitration is filed. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Judgment of the Award may be entered in any court having jurisdiction. The prevailing party in any such arbitration, shall be entitled to recover all of its attorney’s fees and costs.
*Confidentiality. Except as otherwise required by law or as necessary to carry out the terms of this Agreement, each Party shall keep confidential all information relating to this Agreement and all correspondence regarding this Agreement and the Collaboration.
*No Assignment. Influencer may not assign this Agreement without Company’s prior written approval.