This Agreement is entered into between BubbleGumLou, conducting business online at [https://www.bubblegumlou.com/] ("Brand"), and Influencer, residing at a online presence ("Influencer").

Google definition of influencer:
a person with the ability to influence potential buyers of a product or service by promoting or recommending the items on social media.
"influencers can add serious credibility to your brand"

AGREE AS FOLLOWS:         

Start date: Once the influencer has an active promo code with brand.

• Performance Metrics and Conversion Obligations:

The Influencer acknowledges and agrees that a key performance indicator under this Agreement is the conversion of the Influencer's audience into buyers for the Brand. The Influencer is under an obligation to use reasonable efforts to achieve conversion. In executing the promotional activities, the Influencer shall maintain a standard of quality consistent with their usual content standards. The Influencer further affirms their commitment to preserving the authenticity of the promotional materials, ensuring that the content genuinely reflects their personal endorsement of the Brand and its products. 

• Timely Posting and Promotion Obligation:

The Influencer acknowledges and agrees to undertake the responsibility of posting the Brand at least once within a period not exceeding the first two (2) weeks of the agreement following the receipt of the ‘ PR package’ . This obligation is essential for the effective execution of the promotional campaign and is deemed a material term of this Agreement. After two (2) weeks of the agreement the influencer is required to post at least twice (2 times) and two (2) stories. Failure to do so may result in termination of contract. 

• Brand Approval:

The Influencer acknowledges that all promotional content shall be subject to the Brand's approval before dissemination. The Brand reserves the right to request modifications to content that may not align with the agreed-upon brand guidelines.

 

• Purpose of Agreement. This agreement sets forth the terms and conditions under which Influencer shall provide marketing and promotional services to Brand, and Brand shall compensate Influencer for such services.

• Description of Services. Influencer shall provide the following services to Brand: The Influencer's services shall encompass the promotion of the Brand through various mediums, including but not limited to posting stories, reels, and posts on TikTok, Instagram, and YouTube (collectively referred to as "Social Platforms"). The Influencer acknowledges that the target audience for the promotional activities is presumed to be consistent with the followers on the specific Social Platform through which the Influencer was initially contacted.

• Economic Conditions. In consideration of the services provided by Influencer, Brand shall compensate Influencer as follows: 

Payments for Affiliate Marketers

1. Compensation Structure: Influencer acknowledges that Brand compensates as follows: Influencer will be provided with a unique 'promo code' that allows their audience to receive a 10% discount on all products listed on Brand's website. For each purchase made using Influencer's promo code, Brand will compensate Influencer with a commission equal to 20% of the sale amount.

2. Conditions of Compensation: It is understood that compensation is contingent upon customers using Influencer's promo code during their purchase. If a customer does not apply the promo code, Influencer shall not be eligible for compensation, as it cannot be verified that the purchase was influenced by the Influencer.

3. Payment Terms: Payments to Influencer will be processed (bi-weekly) and will be based on verified sales data provided by Brand.

4. Promo Code Use: Influencer agrees to promote the promo code in accordance with Brand's guidelines and marketing strategies. Brand reserves the right to modify or terminate the promo code and compensation structure at its discretion with prior notice to Influencer.

5. Verification and Disputes: Influencer acknowledges that Brand's sales data shall be the sole determinant of eligible sales for compensation purposes. In the event of disputes regarding commission payments, Influencer agrees to cooperate with Brand to resolve such disputes promptly.

6. Compliance: Influencer agrees to comply with all applicable laws and regulations related to advertising, promotions, and disclosures, including but not limited to disclosing their material connection with Brand in accordance with relevant advertising standards.

By participating in this affiliate marketing program, Influencer agrees to abide by the terms and conditions set forth herein.

• Termination. This agreement shall commence once the influencer has an active promo code with brand, and shall terminate under circumstances stated below:  This Agreement may be terminated by the Brand under the following circumstances:

Defamatory Remarks:

The Brand reserves the right to terminate this Agreement should the Influencer engage in any form of disparaging or detrimental commentary about the Brand, whether through spoken or written communication, on any platform, forum, or medium.

Failure to Fulfill Obligations:

• Termination may occur if the Influencer fails to fulfill their obligations by neglecting to post and promote content after receiving the provided 'PR packages'. The Brand maintains the right to terminate the Agreement in the event of non-compliance with the agreed-upon promotional activities. 

 

• Non-Performance:

Failure by the Influencer to meet reasonable conversion metrics, such as clicks to the brand's website and product purchases, may lead to termination. After a reasonable improvement period, the Brand retains the right to terminate this Agreement due to persistent non-performance.

• Content Approval Violation:

This Agreement may be terminated if the Influencer fails to provide the Brand with the opportunity to review and approve content created by the Influencer prior to posting. 

Immediate Effect of Termination:

Upon termination of this Agreement under any of the aforementioned circumstances, the Brand shall provide written notice to the Influencer, specifying the grounds for termination. Upon receipt of such notice, the Influencer shall immediately cease all promotional activities related to the Brand and return any remaining 'PR packages' or materials provided by the Brand.

Consequences of Termination:

Termination of this Agreement shall not relieve the Influencer of any obligations or liabilities incurred prior to the termination date, including but not limited to commitments related to confidentiality, intellectual property, or indemnification.

This termination clause is included to safeguard the interests of both parties and to ensure the integrity of the Brand throughout the duration of the contractual relationship.

• Confidentiality. Influencer agrees to keep confidential and not to disclose to any third party any confidential information of Brand. “Confidential Information” shall include, but not be limited to, all business, technical, financial, and customer information of Brand.

• Intellectual Property Rights. All content created by Influencer in the course of providing services to Brand shall be the sole and exclusive property of Brand. Influencer agrees not to use such content for any other purpose.

• Indemnification and Limitation of Liability. Influencer shall indemnify and hold harmless Brand and its officers, directors, employees, agents, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorney’s fees, arising from or relating to Influencer’s breach of this agreement or Influencer’s performance of its obligations hereunder.

This Agreement may be amended by the Brand, and in the event of any modifications, the Influencer will be promptly notified in writing. The Influencer is required to review and agree to the amended contract prior to the continuation of services.

Express Agreement Requirement:

The Influencer expressly acknowledges that any substantial modifications to the terms of this Agreement, particularly those introducing new ongoing opportunities with the Brand, will necessitate the Influencer's explicit agreement to the amended terms. Such agreement may be sought through written confirmation, electronic acceptance, or any other method mutually agreed upon by the parties.

Major Changes Defined:

Major changes to this Agreement shall encompass, but are not limited to, alterations that introduce new ongoing opportunities, significantly modify compensation structures, or materially impact the nature and scope of the Influencer's services.

Communication of Challenges:

In the event that unforeseen circumstances arise, hindering the Influencer's ability to meet the specified posting timeline, the Influencer agrees to promptly communicate such challenges to the Brand, outlining the reasons for the delay and proposing an alternative schedule, subject to mutual agreement.