I. INTRODUCTION
AMASAL
d.o.o. Tuzla, a Bosnia & Herzegovina company registration
number: 622435, Trg slobode bb, 75000 Tuzla (hereafter “amasal",
“we,” “us” or “our”) This Influencer Agreement ("Agreement") is by
and between the AMASAL and the Influencer. We reserve the right to approve or reject ANY application in our sole and absolute discretion. You will
have no legal recourse against us for the rejection of your application.
II. ACKNOWLEDGMENT
We
would like the Influencer’s assistance in marketing our watches through their
social media accounts. We hereby appoint the Influencer as its representative
on a non-exclusive, non-employee basis to endorse and promote its services to
the target audience. By signing this document, the Influencer agrees to
exchange services such as providing valuable content on social media for a
flexible salary according to (XIII) “Payment Terms”. The Influencer is
responsible to inform AMASAL if he or she has before, during or after the
contract been using illegal tools (e.g bought followers or bot) to grow his
audience feed.
III. TERMS
This
Agreement shall have an initial term of one year and shall automatically renew
for additional one-year terms thereafter unless either party provides thirty days
prior written notice of its intention of nonrenewal.
IV. CANCELLATION
Either
party may terminate this agreement upon thirty days prior written notice if the
other party breaches this agreement and does not cure such breach within such
time period. In addition to any right or remedy that may be available to AMASAL
under this agreement or applicable law, In addition, in the event that the
Influencer has breached this agreement, such as being exposed of having bought
follower(s) on social media before, during or after the contract, AMASAL may (I)
terminate the contract (II) cancel all payments to Influencer (III) immediately
suspend, limit or terminate the Influencer’s access to any account belonging to
AMASAL and/or (IV) instruct the Influencer to cease all promotional activities
or make clarifying statements, and the Influencer shall immediately comply. Either
party may terminate this agreement at any time without cause upon thirty days
prior written notice to the other party.
V. COLLATERAL DETAILS
AMASAL
shall provide the necessary content and briefing materials to enable the
Influencer to perform the influencer marketing services. If the Influencer has
obtained employees or agents (the "Influencer Personnel"), the
Influencer shall be solely responsible for all costs associated with the
Influencer Personnel.
VI. SOCIAL CONTENT
The
Influencer agrees to abide by all guidelines set in the Brand Rule Guidelines.
(For example, all blog posts, social media statuses, tweets, and/or comments
should be in good taste and free of inappropriate language and/or any content
promoting bigotry, racism or discrimination based on race, gender, religion,
nationality, disability, sexual orientation, or age). The Influencer
understands that all promotions and products they promote as part of this
agreement are controlled by AMASAL. The Influencer assumes all responsibility
for verifying that the campaign materials used meet the AMASAL’s approval.
VII. CONTENT REQUIREMENTS
(I).
The influencer should create original content which is decent, honest, and
factual.
(II). An approval from AMASAL shall occur before uploading the content.
(III). The approved created content will be shared by the influencer to his/her
social media accounts listed above.
(IV). AMASAL can request to the influencer to add tags, links, or titles in the
description of the uploaded media.
(V). The content should be compliant with the terms and conditions of the
social media platform being used.
(VI). The content should not contain any vulgar language and should be suited
for everyone.
VIII. COPYRIGHT
AMASAL
will own the copyright of the uploaded media. However, both parties are allowed
to share it to their own respective channels.
VIIII. CONFIDENTIALITY AND
EXCLUSIVITY
During the course of the Influencer's performance of services for
AMASAL, the Influencer will receive, have access to and create documents,
records and information of a confidential and proprietary nature to AMASAL and
customers of AMASAL. The Influencer acknowledges and agrees that such
information is an asset of AMASAL or its clients, is not generally known to the
trade, is of a confidential nature and, to preserve the goodwill of AMASAL and
its clients must be kept strictly confidential and used only in the performance
of the Influencer's duties under this Agreement. The Influencer agrees that
he/she will not use, disclose, communicate, copy or permit the use or
disclosure of any such information to any third party in any manner whatsoever
except to the existing employees of AMASAL or as otherwise directed by AMASAL
in the course of the Influencer's performance of services under this Agreement,
and thereafter only with the written permission of AMASAL. Upon termination of
this Agreement or upon the request of tamasal, the Influencer will return to
the AMASAL all of the confidential information, and all copies or reproductions
thereof, which are in Influencer's possession or control. The Influencer agrees
that during the tenure of this contract, and for a one-year term afterward, the
Influencer will not undertake influencer marketing for a competitor in the same
vertical as AMASAL.
IX. COMPENSATION
In
full consideration of the Influencer’s performance, his / her obligations and the
rights granted herein, the Influencer shall be paid the amount agreed upon
between the Influencer and AMASAL. This includes any agreed bonus incentives
should the Influencer meet the agreed targets. The Influencer will otherwise
perform the services at his/her own expense and use his/her own resources and
equipment. The Influencer acknowledges that the agreed upon compensation
represents the Influencer’s entire compensation with respect to this agreement
and AMASAL shall have no other obligation for any other compensation to or
expenses or costs incurred by the Influencer in connection with the performance
of its obligations under this agreement.
X. MATERIAL DISCLOSURE
When publishing social content about AMASAL’s products, the Influencer
must clearly disclose his/her “material connection” with AMASAL, including the
fact that the Influencer was given any consideration, was provided with certain
experiences or is being paid for a particular service. The above disclosure
should be clear and prominent and made in close proximity to any statements
that the Influencer makes about AMASAL or AMASAL’s product. Please note that
this disclosure is required regardless of any space limitations of the medium
(e.g. Twitter), where the disclosure can be made via hashtags, e.g. #sponsored. The Influencer’s statements
should always reflect the Influencer’s honest and truthful opinions and actual
experiences. The Influencer should only make factual statements about AMASAL or
AMASAL’s products which the Influencer knows for certain are true and can be
verified.
XI. FORCE MAJEURE
If either party is unable to perform any of its obligations by reason of
fire or other casualty, strike, act or order of public authority, act of God,
or other cause beyond the control of such party, then such party shall be
excused from such performance during the pendency of such cause.
XII.
INDEPENDENT CONTRACTOR
The Influencer is retained as an independent contractor of AMASAL. The
Influencer acknowledges and agrees that (I) The Influencer is solely
responsible for the manner and form by which the Influencer performs under this
Agreement, and (II) The Influencer is a self-employed individual, who performs
services similar to the services outlined in the attached Schedule of Services
for various entities and individuals other than AMASAL. The Influencer is
responsible for the withholding and payment of all taxes and other assessments
arising out of the Influencer's performance of services, and neither the
Influencer nor any of the Influencer's employees or independent clients shall
be entitled to participate in any employee benefit plans of AMASAL.
XIII.
PAYMENT TERMS
The
payment should be made at the start or during the campaign. The
influencer will be liable for paying appropriate taxes. Refer any customer to make a purchase on our website,
you will get a commission amount which is calculated based on Commission
structure. Commission amount is dependent on order value and not including
extra fee (tax, shipping cost,...).For an Affiliate to
receive a commission, you need to specify the payment details on Settings.
Payment schedule will be notified on Affiliate Guide page.
Payments will only be sent
for transactions that have been successfully completed. Use of the Affiliate
Program is subject to a fair use policy which gives merchant the right to
review each and every referral order. Status of commission if displayed in
Commission tab, any paid commission will be listed on Payment tab. Transactions
that result in chargebacks or refunds will not be paid out.
XIV. CONFIDENTIALITY
This
contract is strictly confidential and only authorized persons are allowed to
see.
XV. AMENDMENT
This
contract can only be changed or modified through the written consent of both
parties (AMASAL and Influencer)