Muslin Comfort Influencer Agreement

 

MUSLIN COMFORT 

INFLUENCER AGREEMENT 

Muslin Comfort endorsement through dedicated brand content post in consideration of the mutual promises herein, the parties hereto agree as follows: 

  1. CONDITIONS 

1.1 Clients 

Influencer agrees that it shall in no way attempt to circumvent MC to work with MC clients directly. All communications shall be strictly between Influencer and MC, unless otherwise specified in written communication. 

1.2 Acceptance of Terms 

Prior to the commencement of any work, Influencer shall accept the terms and conditions of this Agreement and submit standard business information if so requested by MC. Once accepted by MC, MC shall supply Influencer with all necessary documents or other materials and all necessary data or other information relating to the assignment to enable Influencer to undertake the assignment in accordance with this agreement. 

1.3 Relationship of Parties 

Influencers shall perform their obligations hereunder as an Independent Contractor. Nothing herein is intended to, or shall be construed to create a partnership, agency, joint venture, employment or similar relationship between the parties. Neither party has any right or ability to bind or enter into any obligation on behalf of the other. Each party shall bear its own costs and expenses of its performance of its obligations under this Agreement. 

1.4 Confidentiality 

Influencer recognizes and acknowledges that this agreement creates a confidential relationship between all parties stated herein and that information concerning MC, whether written, oral, or otherwise, is confidential in nature. 

  1. CONTENT REQUIREMENTS 

2.1 Original Content 

Influencer agrees that Influencer has created original content and is not using, reusing, or modifying content from another source. 

 

2.2 Timeframe 

MC is to send a 365 blanket for Influencers work and participation. Shipping costs will be covered by MC. Influencer will post __1 IG reel, 3-5 stories, 5 photos for marketing, and 365 days of whitelisting on IG and FB in exchange for the above-mentioned product, and the first post will be made within 2 weeks of receiving the product, unless otherwise agreed upon by MC and the Influencer. 

2.3 Review 

MC must approve all Influencer content, including but not limited to photos, videos, content copy, tags, geotags, and hashtags before going live on Influencer’s Instagram Account. Influencer agrees to present all content to MC for final approval. During the review process, Influencer shall use best efforts to ensure that such content remains "private" for interim posts under review until the applicable approvals are received. 

MC reserves the right to change the nature of the posts, dates, and content copy in its sole and absolute discretion prior to the Post going live. Influencer shall suggest changes or amendments following MC’s feedback in order to maintain Influencer’s unique style and authentic voice. Once final approval is made and Post date and timing is determined, the published post must appear with no variation. 

Content that is incorrect or does not follow the given terms such as incorrect spelling, variation from agreed content, etc. must be removed immediately and reposted with correct information. 

2.4 Inappropriate Content 

Content may not include or support libelous, defamatory, excessive profanity, violence or racial intolerance, illicit drugs or drug paraphernalia, pornography, adult or mature content, or any other content that promotes intolerance, illegal activity, or infringes upon the legal rights of others, including but not limited to any third party copyright, trademark, trade secret or patent. 

2.5 Messaging 

Any and all posts will mention MC in a positive light and tone. This includes comment responses or furthered communication prompted by Influencer’s post. 

2.6 Deletion 

Influencer is not to delete or modify Instagram posts once it has been published, unless authorized by MC in writing. 

2.7Competing Promotions 

Influencer agrees to refrain from advertising or promoting competing products for the duration of 90 days after the last day of contract. 

  1. COPYRIGHTS AND USE OF PHOTOGRAPHS 

3.1 Release/Ownership

For good and valuable consideration, Influencer hereby irrevocably and perpetually grants MC the absolute and unrestricted right, power, and authority to reproduce, publish, transmit, copy, in whole or in part, in any medium known or later discovered, including but not limited to purposes such as online postings on social media channels and online postings on MC’s clients’ websites and physical portfolios. Further, such use shall be without payment of additional fees, royalties, or special credit. 

3.2 Liability 

Influencer releases and discharges MC from any and all claims and demands that may arise out of or in connection with the use of the photographs, including without limitation any and all claims for third-party copyright infringement, libel or violation of any right of publicity or privacy. 

3.3 Influencer Content Usage 

Influencer will not, and will not permit any third party to: (i) alter, modify, reproduce, or create derivative works of any Content; (ii) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any Content; or (iii) alter, obscure or remove any copyright, trademark or any other notices that are provided on or in connection with any Content. 



  1. PROJECT CANCELLATION 

4.1 Termination 

Termination.

(a) Influencer or MC may terminate this Agreement if the breaching

party commits a material breach of the Agreement and fails to cure the breach within two days of

receiving notice of the breach from the non-breaching party.

 

  1. GOVERNING LAW AND JURISDICTION 

This Agreement shall be governed by, and construed under, the laws of the State of California. 

By checking this box, I have read the specifications and conditions, which are hereby accepted.