Influencer Marketing Programme Terms and Conditions

INFLUENCER TERMS AND CONDITIONS

These Influencer Terms and Conditions (the “Terms”) govern Services to be provided by Influencers who participate in Petomise’s marketing program. Capitalised terms not specifically defined herein shall have the meaning assigned to them in an Influencer Agreement (the “Agreement”).

 

Content Requirements
The Influencer shall conduct social media postings for Petomise as described: Influencer is to promote the received sample item(s) in posts / stories / reels, tag @Petomise, hashtag #petomise and include the dedicated coupon code.
Hereinafter known as the "Petomise-Related Content." 

Social Media Platform
The Content shall be published on the following Influencer's social media profiles: Instagram.

Publish Approval 
The Influencer is not required to obtain permission from the Petomise before publishing a post / story / reel. 

Exclusivity of Influencers
For the purposes of this Agreement, the Influencer's role with Petomise is non-exclusive. The Influencer is free to work for other advertisers for the duration of this Agreement and after its termination. 

Intellectual Property Rights
No licence or other right of any kind is granted by Petomise to Influencer, except as expressly provided in these Terms. The Influencer shall not use Petomise’s copyrights, trademarks, trade names, or other intellectual property in any way except to the limited extent as may be expressly agreed in the Agreement.

Influencer’s Content and Attributes

Influencer gives Petomise the irrevocable, sub-licenseable, worldwide right and permission to use any work product or other video, photo, written or verbal content Influencer shares or provides related to the Services (collectively, “Petomise-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 Petomise 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 Petomise may contact (including by means of messages on public social media platforms) Influencer about any Petomise-Related Content.

Influencer acknowledges that participation in the Services means Petomise can use Influencer’s Petomise-Related Content and include Influencer’s name/likeness/social media handle or channel/blog name and any other Influencer attributes in any manner that Petomise determines 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).

Representations and Warranties; Indemnity
Influencer represents and warrants that:

(i) the Petomise-Related Content will be wholly original and will not infringe upon any copyright, patent, trademark, right of publicity or privacy, or any other proprietary or other right of any person, whether contractual, statutory or common law;

(ii) the Services rendered by Influencer shall be promptly rendered with due care and shall be of first rate quality;

(iii) Influencer will not commit any act which brings Petomise into public disrepute, contempt, scandal, or ridicule, or which insults or offends the general community to which Petomise’s advertising materials are directed, or which might tend to harm Petomise or any of Petomise’s products or services including, without limitation, disparaging Petomise or its products or services;

(iv) Influencer’s statements, posts and feedback are true and accurately reflect Influencer’s honest opinion and experience with Petomise, and its competitors’ products and/or services to the extent applicable, (v) Influencer agrees that time is of the essence in connection with these Terms and all deadlines provided by Petomise, (viii) Influencer will comply with all applicable local laws, regulations, administrative guidelines, orders and ordinances, including without limitation, all privacy and data security laws and the terms and conditions of all applicable third party web sites, platforms or applications and

(ix) Influencer is at least 18 years of age and has the right and authority to enter into this Agreement in Influencer’s own name.

Influencer agrees to defend, indemnify and hold harmless Petomise and its parents, affiliates, subsidiaries, officers, directors, employees, business partners and agents, from and against any and all third party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

(i) Influencer’s breach of any of its representations and/or warranties hereunder, (ii) the authorised use of the Petomise-Related Content or exercise of the rights granted hereunder, (iii) Influencer’s use of third party products or content in performing the Services; and (iv) Influencer’s negligence or willful misconduct.

Influencer hereby agrees, for Influencer and Influencer’s heirs, executors and administrators, to release, waive, discharge, absolve, agree to hold harmless, and covenants not to sue, Petomise and its agents, employees, officers, directors, successors and assigns (collectively, “Released Parties''), from and/or in relation to any and all liability, loss, harm, damage, injury, cost or expense whatsoever resulting from the use of Influencer’s Petomise-Related Content or which Influencer, his/her heirs, executors, administrators and assigns had, now have or hereafter may have, by reason of any matter connected in any way with the Released Parties’ exercise of their express or implied rights hereunder, including but not limited to the right to use Influencer’s name, voice or likeness, it being understood that the Released Parties shall be free to use Influencer’s name, voice and likeness in any manner in connection with the Petomise-Related Content or otherwise in support of the purposes of these Terms. Petomise shall not be liable for any indirect, consequential, exemplary damages (including but not limited to lost profits) and the combined, aggregate liability of Petomise hereunder shall not exceed the fees payable to Influencer under these Terms.

Relationship of Parties

Influencer’s relationship with Petomise is that of an independent contractor and Influencer agrees that as an independent contractor, it will not be considered an employee of Petomise for any purpose, including tax obligations, and will not be eligible to participate in any of Petomise’s medical, benefit or health plans.

Confidential Information

Unless authorised by Petomise, Influencer agrees to hold all Confidential Information in strict confidence, not to disclose Confidential Information to any third parties, and to use Confidential Information solely for the purpose of fulfilling its obligations under these Terms. “Confidential Information” shall mean all information, excluding information available from the public domain, disclosed by Petomise to Influencer.