Last Updated: 24/09/2024
Brand and Business Influencer Marketing Agreement Terms ("Agreement Terms") are made effective as of the date outlined in your Brand and Business Influencer Agreement, by and between the business influencer (hereinafter referred to as the "Influencer") and the named brand (hereinafter referred to as the "Brand"), with facilitation provided by Flooencer Limited ("Flooencer"). This Agreement outlines the general terms under which the Brand and the Influencer will engage in promotional activities. Specific details regarding payment, posting schedules, deliverables, compensation, platforms used, additional terms, and media will be governed by their Brand and Business Influencer Agreement.
The scope of work is outlined in the Brand and Business Influencer Agreement. Both parties agree to adhere to these specifications.
Deliverables: The Influencer agrees to post user-generated content promoting the Brand at the agreed-upon times, as outlined in the scope of work in the Brand and Business Influencer Agreement.
Compensation: Will be dictated by the Brand and Business Influencer Agreement. Payment Schedule: Payments will be made within 7 days following the validation of the post by the Brand. Payment Method: Bank transfer, facilitated via Flooencer Limited.
Duration: The Agreement Terms shall remain effective as outlined in the Brand and Business Influencer Agreement unless terminated earlier under the conditions detailed below.
Termination Conditions:
Consequences of Termination: Upon termination, the Influencer must immediately cease all use of the Brand’s intellectual property and remove any ongoing campaigns or content, unless otherwise agreed in writing.
Exclusivity Commitment: During the term of the agreement, the Influencer agrees not to promote or endorse any products or services that directly compete with the Brand’s products or services.
Definition of Competing Products/Services: Competing products/services will be defined in the Brand and Business Influencer Agreement.
Duration of Exclusivity: Exclusivity applies only for the term of the agreement unless otherwise extended in writing.
Permitted Activities: Influencers may engage in promotions outside of the Brand’s industry or market, provided there is no conflict with this agreement.
Breach of Exclusivity: Violations of this clause may result in immediate termination, and the Influencer may be subject to damages as outlined in the termination and indemnification clauses.
Ownership of Content: The Influencer retains ownership of all original content created under the agreement.
Licence to Use Content: The Influencer grants the Brand a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use, reproduce, distribute, display, and create derivative works from the content for promotional purposes.
Attribution: The Brand agrees to provide proper attribution to the Influencer as agreed upon by both parties.
Third-Party Rights: The Influencer confirms that all content created does not infringe on the rights of any third party.
Compliance with Laws: Both parties agree to comply with all relevant UK laws, regulations, and codes of practice, including those related to advertising and consumer protection, such as the UK Code of Non-broadcast Advertising (CAP Code).
Mandatory Disclosures: The Influencer agrees to clearly disclose their partnership with the Brand (e.g., by using hashtags such as #ad or #sponsored) in compliance with UK regulations, including guidelines from the Advertising Standards Authority (ASA).
Non-Compliance: Failure to comply may result in termination of the agreement and potential liability for any legal or financial consequences.
Confidential Information: The Influencer agrees to maintain the confidentiality of all proprietary information shared by the Brand. This obligation extends beyond the term of the agreement.
Return of Confidential Information: Upon termination, the Influencer must return or destroy any materials containing confidential information.
Breach of Confidentiality: Any breach of confidentiality may result in immediate termination of the agreement and could subject the Influencer to legal action for damages.
Authority to Enter Agreement: Both parties warrant that they have the authority to enter into this agreement.
Content Originality: The Influencer warrants that all content created is original and does not infringe on any third-party rights.
No Conflict of Interest: The Influencer warrants that entering this agreement will not violate any existing agreements or obligations.
Indemnification: Both parties agree to indemnify and hold each other harmless from any claims or damages arising from a breach of this agreement.
Limitation of Liability: Neither party shall be liable for indirect, consequential, or incidental damages except in cases of gross negligence or intentional misconduct. Flooencer Limited, as a facilitator, is not responsible for any breach or failure by either party.
Governing Law: This agreement shall be governed by and construed in accordance with the laws of England and Wales.
Dispute Resolution:
Legal Fees: The prevailing party in any legal dispute will be entitled to recover reasonable legal fees.
Renewal and Partnership Obligation: Any renewal or continuation of this partnership must be facilitated exclusively through Flooencer Limited.
Breach: A breach of this exclusivity clause may result in legal action, including the potential for damages and termination of future agreements.
If you have any questions or concerns about our privacy practices, please contact us at legal@flooencer.com.