These Influencer Terms and Conditions (the “Terms”) are entered into by and between Sikawigs, Inc. (“Sikawigs”), on behalf of its client named on the term sheet (“Term Sheet”) signed by the parties (“Client”), and the individual specified in the applicable Term Sheet 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 “Effective Date”).
1) Engagement.
In exchange for certain compensation, products and/or experiences, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Sikawigs engages Influencer to perform, and Influencer agrees to perform, the services specified on one or more Term Sheets entered into by Influencer and Sikawigs (the “Services”) for the fees and compensation set forth in the Term Sheet. Except as otherwise expressly provided herein, Influencer will perform the Services at its own expense and use its own resources and equipment
2) Intellectual Property Rights
(a)Work Product. Influencer shall perform the Services and develop any work product hereunder for Sikawigs as a “work made for hire” according to Canada and the U.S. Copyright law, and such work product, including all copyrights, trademarks and other intellectual property rights embodied therein (collectively, the “Work Product”) shall be owned exclusively by Sikawigs. In the event any portion of the Work Product is not considered “work made for hire” or as otherwise necessary to ensure full ownership of the Work Product by Sikawigs, Influencer hereby assigns to Sikawigs all right, title, and interest in and to such Work Product. Influencer will sign any additional documents that may be reasonably necessary to effect such assignment.
(b) Intellectual Property Rights.
No license or other rights of any kind is granted by Sikawigs or Client to Influencer, except as expressly provided in these Terms. Influencer shall not use Sikawigs’s or Client’s copyrights, trademarks, trade names, or other intellectual property in any way except to the limited extent as may be expressly agreed in the Term Sheet.
(c) Influencer’s Content and Attributes.
For the Services which Influencer is providing under these Terms and without limiting Sikawigs’s ownership of the Work Product as specified above, Influencer gives Sikawigs and Client the irrevocable, sublicenseable, worldwide right and permission to use any Work Product or other videos, photo, written or verbal content Influencer shares or provides related to the Services (collectively, “Client-Related Content”) in any manner, in whole or in part, and for any purpose in any and in any and all media, including and without limitation, on Sikawigs and/or Client owned or controlled websites and platforms, social media, any advertising materials, publications, marketing materials, and/or presentations, and in any and all other media, in perpetuity. Any statements, posts and/or feedback that Influencer provides may be paraphrased, amplified, shortened and/or put into conversational form. Influencer further agrees that Sikawigs and/or Client may contact (including by means of messages on public social media platforms)
Influencer about any Client-Related Content.
Influencer acknowledges that participation in the Services means Sikawigs and Client can use Influencer’s Client-Related Content and include Influencer’s name/likeness/social media handle or channel/blog name and any other Influencer attributes in any manner that Sikawigs and/or Client determine supports the purposes of these Terms, including use in any media that accepts advertising or promotional content or communications (such as, but not limited to, digital, print, television or radio).
Influencer agrees that Influencer will not hold Sikawigs or Client, or their respective licensees, responsible for any liability resulting from their use of Influencer’s Client-Related Content in accordance with the terms hereof. Sikawigs and Client shall not be liable for any indirect, consequential, exemplary damages (including but not limited to lost profits) and the combined, aggregate liability of Sikawigs and Client hereunder shall not exceed the fees payable to Influencer under the Term Sheet.
3) Approvals:
All Content shall be reviewed and approved by Company name prior to being published by the Influencer on the Channels, unless otherwise agreed to by us and you the influencer. At the request of the Advertiser, Influencer shall make changes and adjustments to conform with the Advertiser’s expectations of Content.
4) Distribution:
Content shall be distributed via the Influencer’s social media channels, including but not limited to YouTube, Facebook, Instagram, Twitter, Vine, and Snapchat (collectively, the “Channels”), as outlined in the Offer. If there is no specification in the offer, it is assumed that the Influencer will distribute Content across all their available Channels, as they would with any of their regular content on a regular basis.
5) Premiere:
Content shall begin to display on your social media networks within 14 days after getting your promotional offer products from us, unless discussed and agreed to by us and you the influencer
6) Usage:
Upon Premiere, Influencer shall display Content in the Channel for a period of no less than 30 days. Advertiser may also require certain hashtags, hyperlinks, titles, and other copy to appear alongside the Content. Influencer shall own the copyright to the Content and grants the Advertiser full and irrevocable, global rights to display, license, promote, broadcast and otherwise distribute the Content at its sole discretion, unless otherwise agreed to in writing, by the Parties.
7) Indemnity:
Influencer agrees to indemnify and hold harmless the Advertiser, Agency, Company name, their directors, officers, employees, independent contractors, agents, successors, etc. from and against any and all damages, losses, costs and expenses (including reasonable legal costs) incurred by Advertiser, Agency, or Company name in relation to any breach of the Influencer’s warranties, agreements and representations given under this Agreement.
8) Liability:
Influencer hereby releases and discharges Advertiser, Agency, and Company name from all liability to Influencer and covenants not to sue Advertiser, Agency, or Company name for any and all loss or damage on account of injury to any person or property or resulting in serious or permanent injury to Influencer, whether caused by the negligence of Advertiser, Agency, Company name or otherwise the influencer has the right to purchase insurance in the event of property loss of personal injury.
9) Miscellaneous
Influencer will not be entitled to, and hereby waives any right to seek, injunctive relief to enforce the provisions of these Terms, and Influencer’s sole remedy for any breach by Sikawigs shall be to recover monetary damages, if any, subject to the terms and conditions herein
