- Description of Services:
- The Influencer has a reputation as an influencer and has a strong presence on social media. BudPop wishes to use the Influencer's public profile and celebrity to promote and endorse BudPop. BudPop's products and BudPop's website from the Influencer’s social media account.
- The Influencer shall post during the Term either of the following deliverables (pick 1-2 options)
- IG Post
- IG Stories - must send video content as downloadable footage
- IG Reel
- TikTok Video
- The specification of the Services (in whole or in part) may be amended or cancelled by BudPop without liability on the part of BudPop at any time prior to performance of the relevant Services (or part of the relevant Services) by BudPop giving written notice to the Influencer.
- Budpop may terminate this Agreement (in whole or in part) with immediate effect without payment of compensation or other damages by giving written notice to the Influencer if: (a) the Influencer commits a material breach of the terms of this Agreement; or (b) association with the Influencer is likely to or may, in the opinion of BudPop, damage the business and/or reputation of BudPop and/or its affiliated companies. BudPop is additionally entitled to terminate this Agreement (in whole or in part) at any time and without reason, by giving written notice to the Influencer of not less than 7 days and, in such circumstance, the Influencer shall only be entitled to the amount of the Charges applicable to the level of Services that have been provided on time in accordance with this Agreement.
- The Influencer shall treat and keep all “Confidential Information” (meaning any and all information relating to BudPop or its affiliated companies in whatever form that (i) is by its nature confidential; and/or (ii) the Influencer knows or ought to know is confidential; and/or (iii) is designated by BudPop as confidential) secret and confidential, and will not, without BudPop’s prior written consent, disclose Confidential Information to any other person other than in accordance with this Agreement.
- The Influencer consents to the unrestricted use and reproduction of the “Promotional Material'' (meaning any photograph, text, video, recording or image which the Influencer or BudPop may create or generate as a result of performing or receiving the Services under this Agreement and including but not limited to the Influencer’s name, image and likeness) by BudPop as BudPop sees fit. This consent includes, but is not limited to BudPop’s use of the Promotional Material on its global social media (including paid media), websites, BudPop blog and magazine and YouTube. The Influencer confirms that this consent and release is irrevocable, worldwide, perpetual, and royalty-free and will survive termination or expiry of this Agreement for any reason. For the avoidance of doubt, BudPop will not be required to delete or amend any instances of its use of the Promotional Material (whether online or otherwise) after the Term.
- The Influencer shall not obtain any right, title or interest in or to the “Intellectual Property Rights” (meaning all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, database rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world) of BudPop except such rights as are specifically granted under this Agreement.
- The Influencer shall refrain from any act or omission which may cause BudPop to suffer any damage or harm to BudPop’s reputation or standing in the public domain (including but not limited to submitting any negative comments regarding BudPop via social media).
- Subject to paragraph (i) of this section 4 below, the total aggregate liability of BudPop to the Influencer (in addition to payment of any amounts properly due) under or in connection with this Agreement whether in contract, tort (including negligence) or otherwise howsoever arising shall in no event exceed the aggregate amount which BudPop is obliged to pay the Influencer for the Services.
- Nothing in this Agreement limits or excludes BudPop’s liability for (i) deceit, theft, fraud or fraudulent misrepresentation; (ii) death or personal injury caused by its negligence; or (iii) any other limitation or exclusion that is not permitted by law.
- The Agreement and any non-contractual obligations arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of California. The parties irrevocably submit to the exclusive jurisdiction of the courts of California to settle any claim or dispute that arises from or in connection with the Agreement or its subject matter.