WyzePhoto believes in full, fair and effective disclosures of material facts relating to Influencer’s relationship with WyzePhoto and its clients (“Clients”) in accordance with the Federal Trade Commission’s Guides Concerning Endorsements and Testimonials (http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf)
. As such, WyzePhoto requires that all Influencers adhere to the following guidelines (the “Guidelines”) when blogging, tweeting, posting on social media or otherwise publishing content about its Clients or any of its Clients’ products or services.
1. Disclose Connection to Client - When blogging about Client or Client’s products or services, Influencer
must clearly disclose its “material connection” with Client, including the fact that Influencer was afforded any consideration, was provided with certain experiences or is being paid for a particular service. “Material connections” may be defined as any connection between an Influencer and a marketer that could affect the credibility consumers give to that Influencer’s statements. Important examples of “material connections” include benefits or incentives, such as monetary compensation, loaner products, free products or services, in-kind gifts, or special access privileges provided by a marketer to an Influencer.
2. Maintain Clear and Prominent Disclosure - The above disclosure should be made in close proximity to
any statements that Influencer makes about Client or Client’s products or services. This disclosure should be clear and prominent enough for consumers to view it when they are reading Influencer’s posts. This means that the disclosure should not be buried behind links or in the Terms and Conditions (or in similar documents). In addition, the consumer should not be required to click on, scroll down or mouse over a link in order to view the disclosure. 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, such as #sponsored, #paid or #ad (the latter of which preferably at the beginning of the tweet).
3. Give Your Honest and Truthful Opinions – Influencer’s statements should always reflect Influencer’s honest and truthful opinions and actual experiences. However, we do ask that all blog entries, Facebook posts, tweets, and/or comments be in good taste and free of inappropriate language and/or any content that promotes bigotry, racism or discrimination against an individual based on race, gender, religion, nationality, disability sexual orientation or age.
4. Only Make Factual Statements That Are Truthful and Can Be Verified - In an effort to accurately relay
brand names, product attributes and program information, please refer to all Client-provided materials, if available, when developing content pertaining to Client or Client’s products. Most importantly, Influencer should only make factual statements about Client or Client’s product’s characteristics or quality which Influencer knows for certain are true and can be verified. For example, Influencer should not make statements about the performance of a product unless Influencer has support for such claims.
5. Respect Intellectual Property Rights - Intellectual Property is the group of legal rights to works that
people create or invent. Intellectual property rights typically include copyright, trademark, and trade secret rights, as well as the right to use someone's name, likeness or voice. Examples include photographs, videos, music, trademarks/logos, personal names/likenesses (including celebrities’ names/likenesses), and writings. Influencer should never post or share any content that violates or infringes the intellectual property rights of any third party. If Influencer is unsure about a work, particularly in instances where a work includes a third-party’s trademark/logo, or music, film or television clips, or a celebrity’s name, photo or image, Influencer is solely responsible for clearing any third party rights or materials used or incorporated into the Deliverables described below. A good rule of thumb is, if in doubt, do not post it.
6. Comply With Other Policies and Laws – Influencer should comply with all applicable laws, rules and regulations, as well as the terms, conditions, guidelines and policies of any social media platform or service that Influencer uses in connection with the services provided by Influencer. If Influencer is in agreement with the terms and conditions of these Guidelines, then Influencer should sign below and send back to WyzePhoto.
7. Influencer Endorsement Reference – WyzePhoto shall be allowed the rights to reference Influencer's product endorsement via company website, social media, and all other marketing channels using photos, videos, etc. from the influencer’s original content. All referenced content shall link to the influencer’s original delivered material without fabrication or falsification of influencer’s intended message.
DELIVERABLES AND COMPENSATION: INFLUENCER WILL BE RESPONSIBLE FOR NO LESS THAN TWO POSTS PER MONTH SHOWCASING OR TAGGING WYZEPHOTO PRODUCT BETWEEN ANY OF THEIR SOCIAL MEDIA, BLOG OR EMAIL CHANNELS UPON RECEIPT OF ANY PRODUCT, WITH THE EXCEPTION OF YOUTUBE POSTINGS WITH DISPLAY OF THE PRODUCT, IN WHICH CASE ONE VIDEO PER MONTH SHALL MEET THE POSTING REQUIREMENT. Outside of this scope, the influencer is entitled to any other means of product promotion, as long as this promotion does not defame the company, brand, or its employees in any way. The influencer will be compensated at the rates specified within the Affiliately platform for the designated percentage of the purchase price of any product sold through affiliate link tracking or discount codes. Payments, if any are to be received, will be sent once a month via Paypal, QuickPay, or Venmo. Comission percentages, minimum payout amounts, and payment frequency shall be set at the sole discretion of WyzePhoto and may be subject to change at any time.
PLEASE NOTE THAT WYZEPHOTO RESERVES THE RIGHT TO MONITOR INFLUENCER’S COMPLIANCE WITH THESE GUIDELINES AND TO TERMINATE INFLUENCER’S PARTICIPATION IN ANY APPLICABLE CAMPAIGN IN THE EVENT OF ANY NONCOMPLIANCE. BY SIGNING THIS AGREEMENT, BOTH PARTIES ARE ENTERING INTO A BINDING AND LEGALLY ENFORCEABLE AGREEMENT. IN THE EVENT THAT INFLUENCER FAILS TO COMPLY WITH THE DELIVERABLES AND DEADLINE, INFLUENCER HEREBY AGREES TO RETURN THE PRODUCT TO WYZE PHOTO OR PAY THE FULL RETAIL VALUE WITHIN 30 DAYS OF FORMAL REQUEST BY WYZE PHOTO. THE TERMS OF THIS AGREEMENT ARE CONSIDERED CONFIDENTIAL INFORMATION.