VibeSzn Influencer Agreement
(the ) are entered into by and between VibeSzn (“VibeSzn” or “Advertiser”), signed by the parties (“”), and the individual specified in the applicable Agreement executed by the parties (“Influencer”), with regard to Influencer’s performance of spokesperson, influencer, public relations, and social media services for Client effective as of the date of the Term Sheet (the “ ”). This Agreement will outline the creative content creation and social media posts to promote VibeSzn brand & products.
The Advertiser and the Influencer agree:
1. Appointment. The Advertiser would like the Influencer’s assistance in promoting / offering / selling the Advertiser’s products via their social media accounts. The Advertiser hereby appoints the Influencer as its representative on a non-exclusive, non-employee basis to endorse and promote its products and services to the target audience.
2. Term. 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 (30) days prior written notice of its intention of nonrenewal.
3. Deliverables. The Influencer will deliver the agreed number of posts on the agreed platforms on behalf of the Advertiser according to the delivery schedule specified by the Advertiser. The Services shall conform to the specifications and instructions of the Advertiser as outlined in detail in the Attached Schedule of Services (which is attached hereto and incorporated herein as if fully restated), abide by the rules of the relevant social media platforms, and are subject to the Advertiser’s acceptance and approval. The Advertiser has a maximum of 5days to reject any deliverable in accordance with this Section and must notify the Influencer within 3 days of receipt of work that additional revisions and/or amendments will be requested.
4. Cancellation. Either party may terminate this Agreement upon ten (10) days prior written notice if the other party breaches this Agreement and does not cure such breach within such time period. In the event that the Influencer has breached this Agreement, in addition to any right or remedy that may be available to the Advertiser under this Agreement or applicable law, the Advertiser may (i) immediately suspend, limit or terminate the Influencer’s access to any Advertiser account and/or (ii) 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.
5. Collateral Details. The Advertiser 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.
6. Items to Avoid in Influencer Posts. The Influencer agrees to avoid mentioning the following any competitors who sell custom name jewelry. 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).
7. Approval and Content Origination. The Influencer understands that all promotions and products they promote as part of this agreement are controlled by the Advertiser. The Influencer assumes all responsibility for verifying that the campaign materials used meet the Advertiser’s approval.
8. Confidentiality and Exclusivity. During the course of the Influencer's performance of services for the Advertiser, the Influencer will receive, have access to and create documents, records and information of a confidential and proprietary nature to the Advertiser and customers of the Advertiser. The Influencer acknowledges and agrees that such information is an asset of the Advertiser or its clients, is not generally known to the trade, is of a confidential nature and, to preserve the goodwill of the Advertiser 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 the Advertiser or as otherwise directed by the Advertiser in the course of the Influencer's performance of services under this Agreement, and thereafter only with the written permission of the Advertiser. Upon termination of this Agreement or upon the request of the Advertiser, the Influencer will return to the Advertiser 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 three-month term afterward, the Influencer will not undertake influencer marketing for a competitor in the same vertical as the Advertiser.
9. 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 Advertiser as outlined in the attached Schedule of Services. 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 the Advertiser 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.
10. Material Disclosure and Compliance with FTC Guidelines. When publishing posts/statuses about the Advertiser’s products or services, the Influencer must clearly disclose his/her “material connection” with the Advertiser, 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 the Advertiser or the Advertiser’s products or services. 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 the Advertiser or the Advertiser's products which the Influencer knows for certain are true and can be verified.
11. 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.
12. Independent Contractor. The Influencer is retained as an independent contractor of the Advertiser. 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 the Advertiser. 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 the Advertiser.
13. Choice of Law. This Agreement shall be construed and enforced pursuant to the laws and decisions of the State of Missouri.
14. Copyright. VibeSzn will retain all copyright and intellectual property rights of the image(s) uploaded by the Influence. VibeSzn also has authority to upload its own marketing and social channels as well as share with media outlets.
By clicking “I Agree,” the influencer agrees to fulfill the previously negotiated “Agreed upon Deliverables” in exchange for compensation detailed in the “Compensation & Payment Terms” contained in the attached Schedule of Services.
Last Updated: November 26, 2019
MoreAble, LLC owns and operates VibeSzn (“VibeSzn,” “we,” “us” or “our”). This Policy describes how we treat personal information. This includes on the websites where it is located. It also applies to our information collection and tracking practices.
PLEASE NOTE THAT THIS AGREEMENT CONTAINS THE FOLLOWING IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND CHOICES:
• BINDING INDIVIDUAL ARBITRATION THAT AFFECTS YOUR RIGHTS TO SUE UNDER THIS POLICY
• OPT-IN AND OPT-OUT POLICY FOR RECEIVING COMMUNICATION FROM US VIA EMAIL, TEXT, OR PHONE CALLS
• INFORMATION FOR RESIDENTS OF CALIFORNIA AND THE EUROPEAN UNION
BY CLICKING ACCEPT, CHECKING AN ACCEPTANCE BOX, ACCESSING OUR SITES, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS POLICY AS IF YOU HAD SIGNED IT.
The information we learn from customers helps us personalize and continually improve your VibeSzn experience. Here are the types of information we gather.
We receive and store any information you enter on our Web site or give us in any other way. Types of information that you may submit, and we may collect include:
· We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our stores, and communicating with you. For example, we collect your name and email address if you register on our site. We might collect your phone number or zip code. We might also collect your mailing address.
· For example, we may collect your credit card number if you make an order from Vibeszn.com. This information is deleted after a purchase is made. All credit card transactions are handled through a third party processing company.
· We collect the information you post in a public space on our site. We also collect information when you contact us.
· We may collect information like your gender and age. We may also collect your zip code. We might collect this when you contact us or enter a promotion, sweepstakes or contest, or when you make a purchase from Vibeszn.com.
We receive and store certain types of information whenever you interact with us. For example, like many websites, we use "cookies," and we obtain certain types of information when your Web browser accesses vibeszn.com or advertisements. We may collect information about the browser you're using. We might look at what site you came from, or what site you visit when you leave us. We may also look at clickstream data. We may combine this information with other information we collect from you. This includes anything we collect from third parties. If you use our mobile website, we may collect your GPS location and your unique device identifier.
We may collect information that does not identify you personally, but is linked to your computer or device ("Device Identifiable Information”). We collect Device Identifiable Information from you in the normal course of operating our Website. When you visit our Website to browse, read or download information, we automatically collect information about your computer that your browser sends, such as your IP address, browser type and language, access times, pages visited, and referring website addresses. We may use Device Identifiable Information we collect to analyze trends, help administer the Web Site, track the movement of visitors, to learn about and determine how much time visitors spend on each page of the Web Site, how visitors navigate throughout the Web Site or the Service and to gather broad demographic information for aggregate use.
We may also collect Device Identifiable Information through "cookies” or "web beacons” as explained below.
We may also collect information about your mobile device such as the type and model, operating system (e.g. iOS or Android), carrier name, mobile browser (e.g. Chrome, Safari), applications using our Website, and identifiers assigned to your device, such as its iOS Identifier for Advertising (IDFA), Android Advertising ID (AAID), or unique device identifier (a number uniquely given to your device by your device manufacturer), sometimes referred to as a mobile carrier ID.
We may also collect your location information, such as your zip code or the approximate geographic area provided by your Internet service provider (ISP) or location positioning information provided by the location services and GPS features of your mobile device when location services have been enabled
We collect information in different ways.
We receive and store any information you enter on our sites or give to us in any other way. For example, we collect information you choose to provide us when you sign up for our emails or texts alerts, when you use our website, and when you make purchases from us either online or in person. We also collect information if you contact us. We collect information about you through our websites and retail points of contact.
On our platforms, which include our sites, we collect information passively. We might also collect information passively in our emails or through our apps. We may also collect information passively in connection with third parties. For example, to get purchase information from Affiliates, we may gather information passively on their platforms. Tools we use include browser cookies and web beacons.
What are "cookies", "pixels", "widgets" and "analytics"?
Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features, personalized advertisements on other Web sites, and storage of items in your Shopping Cart between visits.
“Pixels”/“Web Beacons” (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).
We may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop website content. This analytics data is not tied to any Personal Information. For more information about Google Analytics, please visit . You can opt out of Google’s collection and Processing of data generated by your use of the Services by going to .
Our uses of such Technologies fall into the following general categories:
We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement. If you would like to opt-out of the Technologies we employ on our sites, services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits.
. For example, social media platforms may also give us information about you. This might include getting information from social media plugins. Affiliates or other business partners may also give us information. This might include information they gathered passively.
Notwithstanding any other provision, we may also engage a data provider who may collect web log data from you (including IP address and information about your browser or operating system), or place or recognize a unique cookie on your browser to enable you to receive customized ads or content. These cookies contain no personally identifiable information. The cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us, e.g., your email address, that we may share with a data provider solely in hashed, non-human readable form. To opt-out of these data provider cookies, please go to .
We use information as disclosed and described here.
Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below.
For example, we might use your information to respond to your customer feedback.
We may use your information to make our Sites better. We might use your information to customize your experience with us or understand your preferences. We may combine information we get from you with information about you we get from third parties.
We may send you emails and text messages you have consented to receive, such as promotional messages and transactional messages.
If you have opted-in to receiving messages from us, you expressly acknowledge consent to receiving such messages to the email, phone number, and address you have provided us, and that such messages may be from an automated system. If you have opted-in to receive text messages we do not charge you for the text message, provided, however, that standard messaging and data rates will apply to each text message in accordance with your wireless plan and your carrier’s policies. We do not require you to agree to receive text messages as a condition of making any purchase. Text messages may not be delivered to you due to factors beyond our control such as transmission range, your carrier’s policies, or your phone plan.
You have the choice to opt-in to or opt-out from receiving certain emails or text messages to the email address or mobile number you provide to us at any time. Please see below for ways to opt-out of receiving certain communication from us.
Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Except to the extent expressly covered by this Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.
We Engage in Interest-Based Advertising.
Vibeszn.com and our partners display interest-based advertising using information gathered about you over time across multiple websites or other platforms. This might include apps.
Interest-based advertising includes ads served to you after you leave our website, encouraging you to return. They also include ads we think are relevant based on your shopping habits or online activities. For example, providing you with promotional materials we think you would like based on your shopping activity. These ads might be served on websites or on apps. They might also be served in emails. We might serve these ads, or third parties may serve ads. They might be about our products or other companies’ products.
To decide what is relevant to you, we use information you make available to us when you interact with us, our affiliates, and other third parties. For example, we or our partners might look at your purchases or browsing behaviors. We might look at these activities on our platforms or the platforms of others.
We work with third parties who might help gather this information or with whom we might share your information. These third parties might link your name or email address to other information they collect. That might include past purchases made offline or online. Or, it might include online usage information.
The Self-Regulatory Program for Online Behavioral Advertising program provides consumers with the ability to opt-out of having their online behavior recorded and used for advertising purposes. If you want to opt out, visit . Your opt-out is both browser and device specific.
We Use Various Tracking Technologies.
We–or third parties we work with–use several common data collection technologies including cookies, pixel tags, and similar technologies. We collect personal information about users over time and across different Web sites when you use this Web site or service. We also have third parties that collect personal information this way. We do this for many reasons, including the following:
· To engage in interest-based advertising as discussed above.
· To understand the activities and behaviors of customers and platform users.
· To recognize new visitors to our websites.
· To recognize past customers.
· To present more personalized content and offers, to improve your website experience, optimize your shopping experience, and provide site and service enhancements. For example, to avoid repeatedly showing you the same advertisements.
· To serve customized advertising (whether on our website or others you visit).
· So we can better understand our audience, our customers, our website visitors, and their respective interests. For example, to understand what ads are of interest to consumers.
We work with third parties who provide us with certain web search services.
We may use information to protect our company, our customers, and our websites.
If you register with our site or if you opt-in to receiving messages from us in any other way, we may send you information about special offers, new products, or new services. These might be third party offers or products we think you might find interesting. Depending on your choice we may send this type of information via email, text, call, push notifications in apps, or notifications by regular mail. We also use information to customize offers you receive. This includes using your shopping history on Affiliates or other third-party platforms.
We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
We may contact you about your account or feedback. We might also contact you about this Policy or our website Terms.
We may share information with third parties.
For example, we share information with vendors who send emails for us. We may also share information with companies that operate our websites or run a promotion.
This includes sharing for marketing or advertising or for purposes of running joint promotions. For example, we will share information with our Affiliates to process orders or understand preferences. Or we might share information that third parties can use to serve you with ads they think you will like. This could include sharing with our partners what ads you look at. Third parties may use information for their own marketing or advertising purposes.
You have certain choices about sharing and marketing practices.
You can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of such Vibeszn.com features as Your Account and Customer Reviews.
To stop receiving our promotional emails, you may opt-out by one of the following methods:
· Selecting the "Unsubscribe" link in any promotional email
· Logging into your Vibeszn.com account and changing your email preference.
· Emailing us at firstname.lastname@example.org
To stop receiving our promotional texts, you may opt-out by one of the following methods:
· Replying STOP to any text message we send you
· Logging into your Vibeszn.com account and changing your text message preference.
If you opt-out of receiving text messages, you may receive 1 final text message confirming your decision to unsubscribe.
Opting out of one form of communication does not mean you’ve opted out of other forms as well. For example, if you opt out of receiving marketing emails, you may still receive marketing text.
Even if you opt out of getting marketing messages, we will still send you transactional messages. These include responses to your questions. If you receive promotional emails from a third party, you will need to separately opt-out with them.
You may request access to the personal information we maintain about you or request that we correct, amend, delete or block the information by emailing us at email@example.com. You may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information, and we will apply your preferences going forward.
Your browser may give you the ability to control cookies. How you do so depends on the type of cookie. Certain browsers can be set to reject browser cookies. To control flash cookies, which we may use on certain websites from time to time, you can go . Why? Because flash cookies cannot be controlled through your browser settings.
If you block cookies on your browser, certain features on our sites may not work. If you block or delete cookies, not all of the tracking activities we have described here will stop. Choices you make are both browser and device-specific.
For example, you can turn off the GPS locator or push notifications on your phone. You can also control these settings in our apps.
Your California privacy rights.
This section of the Policy applies only to any natural person “enjoying the benefit and protection of laws and government” of California. If you live in California you have certain rights under the California Consumer Protection Act of 2018 ().
In accordance with the CCPA, this Policy discloses:
· what categories of personal information and the specific pieces of personal information we collect;
· how that personal information is collected and how we use it;
· the categories of personal information that are shared with third parties;.
· the categories or types of third parties with whom we share personal information.
As a California resident you can request a list of the personal information we collected from you, a list of the personal information we have shared with third parties, and a list of the names of third parties with whom we have shared your personal information. You may make such a request twice per year at no charge to you.
You may also request that we do not sell or disclose your personal information to third parties. However, to provide you with most our services and access to our sites we need to share certain aspects of your personal information with our third party service providers. Accordingly, such request may affect how you use and access our website and receive our services.
You may also request that we, and any third parties with whom we have shared your personal information, delete all your personal information. Be advised that we may limit, postpone, or deny your request in order to: (i) facilitate any transaction that you initiate with us; (ii) comply with a legal requirement or process; (iii) comply with our security and safety measures; and (iv) comply with any other exception provided under the CCPA.
Our Sites and children.
Our sites are meant for people at least 18 years old. We do not knowingly collect personally identifiable information from children under 13 without permission from a parent or guardian. If you are a parent or legal guardian and think your child under 13 has given us information, you can email us at . You can also write to us at the address listed at the end of this policy. Please mark your inquiries "COPPA Information Request." Parents, you can learn more about how to protect children's privacy on-line here: .
We store information in the United States.
Information we maintain is stored within the United States. If you live outside of the United States, you understand and agree that we may transfer your information to the United States. This site is subject to U.S. laws, which may not afford the same level of protection as those in your country.
We use standard security measures.
We use reasonable measures to protect the information you share with us. This includes physical measures. It also includes technical and administrative measures. We use firewall encryption where appropriate. We may also use Secure Socket Layer encryption. Please remember that no data security measures are 100% secure all of the time.
We keep personal information as long as it is necessary or relevant for the practices described in this Policy. We also keep information as otherwise required by law.
Our Site and Do Not Track Signals.
Some browsers transmit Do Not Track (DNT) signals to websites. Due to the lack of a common interpretation of DNT signals throughout the industry, we do not currently alter, change, or respond to DNT requests or signals from these browsers. We will continue to monitor industry activity in this area and reassess our DNT practices as necessary.
You can update your information.
To update your information, log into the site and click the "My Account" link at the top of every Vibeszn.com page. You can also update it by emailing CustomerService@vibeszn.com. It may take us up to 10 business days to process account changes.
We may link to other sites or have third party services on our site we do not control.
Feel free to contact us if you have more questions.
Claims shall be heard by a single arbitrator. The place of arbitration shall be St. Louis, Missouri. The arbitration shall be governed by the laws of the State of Missouri without giving effect to any choice of law or conflict of law rules of the State of Missouri or of any other jurisdiction. Depositions shall be limited to a maximum of three per party and shall be held within twenty days of the making of a request. Additional depositions may be scheduled only with the permission of the arbitrators, and for good cause shown. Each deposition shall be limited to a maximum of seven hours duration. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within ninety (90) days of filing and awards rendered within one hundred twenty (120) days. The Arbitrator shall agree to these limits prior to accepting appointment. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The prevailing party shall not be entitled to an award of attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
Rights for Residents of the European Union or Switzerland
To the extent that VibeSzn is subject to the laws of the European Union and Switzerland when processing personal data (“Personal Data”), it shall be the “data controller” under such laws.
In some instances, you may be required to provide us with Personal Data for processing as described above, in order for us to be able to provide you all of our Services, and for you to use all the features of our website.
The nature of VibeSzn’s business means that the Personal Data collected through our Services will be transferred to the United States. Also, the VibeSzn personnel and some of the third-parties to whom we disclose Personal Data (as set out above) are located in the United States. We take appropriate steps to ensure that recipients of your Personal Data are bound to duties of confidentiality and we implement measures such as standard data protection contractual clauses to ensure that any transferred Personal Data, remains protected and secure.
If you are aware of changes or inaccuracies in your information, you should inform us of such changes so that our records may be updated or corrected. You may contact our Data Protection Officer, at . You may lodge a complaint with a supervisory authority if you consider that our processing of your Personal Data infringes applicable law. A list of EU data protection authorities is available at .