|Conversion action||Online purchase with processed valid payment|
|Cookie days||30 day(s)|
|Commission type||Percent of Sale|
Terms & Conditions
Elixir Cosmetics, LLC dba Babe Lash and the Influencer agree:
1. Appointment. Babe Lash would like the Influencer’s assistance in promoting / offering / selling Babe Lash’s products via their social media accounts. Babe Lash hereby appoints the Influencer as its representative on a non-exclusive, non-employee basis to endorse and promote its services to the target audience.
2. Deliverables. The Influencer will deliver two posts or story's containing their code on instagram every month on behalf of Babe Lash according to the delivery schedule specified by Babe Lash. Each post must include the hashtag(s) #babelash and tag the agreed @babe_lash. The Services shall conform to the specifications detailed on the cover page, abide by the rules of the relevant social media platforms, and are subject to Babe Lash's acceptance and approval. Babe Lash has a maximum of 10 days to reject any deliverable in accordance with this Section and must notify the Influencer within 10 days of receipt of work that additional revisions and/or amendments will be requested.
3. Cancellation. Either party may terminate this Agreement upon ten days prior written notice if the other party breaches this Agreement and does not cure such breach within such time period. In addition to any right or remedy that may be available to Babe Lash under this Agreement or applicable law, in the event that the Influencer has breached this Agreement, Babe Lash may (i) immediately suspend, limit or terminate the Influencer’s access to any Babe Lash account and/or (ii) instruct the Influencer to cease all promotional activities or make clarifying statements, and the Influencer shall immediately comply. Either party may terminate this Agreement at any time without cause upon thirty days prior written notice to the other party.
4. Collateral Details. Babe Lash shall provide the necessary content and briefing materials to enable the Influencer to perform the influencer marketing services. If the Influencer has obtained employees or agents (the "Influencer Personnel"), the Influencer shall be solely responsible for all costs associated with the Influencer Personnel.
5. Items to Avoid in Influencer Posts: The Influencer agrees to avoid mentioning the following agreed competitors of Babe Lash: GrandeLash, Lash Boost, Lash Envy, Lash Food, Latisse, LiLash, Neu Lash, Revita Lash, Rodan & Fields. The Influencer agrees that all blog posts, social media statuses, tweets, and/or comments should be in good taste and free of inappropriate language and/or any content promoting bigotry, racism or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
6. Confidentiality and Exclusivity. During the course of the Influencer's performance of services for Babe Lash, the Influencer will receive, have access to and create documents, records and information of a confidential and proprietary nature to Babe Lash and customers of Babe Lash. The Influencer acknowledges and agrees that such information is an asset of Babe Lash or its clients, is not generally known to the trade, is of a confidential nature and, to preserve the goodwill of Babe Lash and its clients must be kept strictly confidential and used only in the performance of the Influencer's duties under this Agreement. The Influencer agrees that they will not use, disclose, communicate, copy or permit the use or disclosure of any such information to any third party in any manner whatsoever except to the existing employees of Babe Lash or as otherwise directed by Babe Lash in the course of the Influencer's performance of services under this Agreement, and thereafter only with the written permission of Babe Lash. Upon termination of this Agreement or upon the request of Babe Lash, the Influencer will return to Babe Lash all of the confidential information, and all copies or reproductions thereof, which are in the Influencer's possession or control. The Influencer agrees that during the tenure of this contract, and for a three-month term afterward, the Influencer will not undertake influencer marketing for a competitor in the same vertical as Babe Lash.
7. Compensation. In full consideration of the Influencer’s performance, their obligations and the rights granted herein, the Influencer shall be paid the amount agreed upon between the Influencer and Babe Lash. This includes any agreed bonus incentives should the Influencer meet the agreed targets. The payment service PayPal, may charge a commercial transaction rate of 2.90% and a nominal fixed fee to both the Influencer and Babe Lash. The Influencer will otherwise perform the services at their own expense and use their own resources and equipment. The Influencer acknowledges that the agreed upon compensation represents the Influencer’s entire compensation with respect to this Agreement and Babe Lash shall have no other obligation for any other compensation to or expenses or costs incurred by the Influencer in connection with the performance of its obligations under this Agreement.
8. Material disclosures and compliance with FTC/ FCC Guidelines. When publishing posts/ any content about Babe Lash’s products or services in connection with this Agreement that could be reasonably perceived as an endorsement, testimonial, or advertisement, the Influencer must clearly disclose their “material connection” with Babe Lash, including the fact that the Influencer was given any consideration, was provided with certain experiences or is being paid for a particular service. The above disclosure should be clear and prominent and made in close proximity to any statements that the Influencer makes about Babe Lash or Babe Lash’s products or services. 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, e.g. #sponsored. When/if the influencer shares product news, reviews, or other information, and when/if the influencer passes on samples, coupons, or other materials to the influencer’s readers, the influencer agrees to always acknowledge in a clearly conspicuous manner that the influencer has partnered with Babe Lash to promote the product or that the influencer has received the products, samples, services, or other materials free of charge from Babe Lash, if that is the case. The Influencer agrees to hold Babe Lash harmless for any violation of law in connection with the posting of social media posts in violation of this Agreement. The Influencer’s statements should always reflect the Influencer’s honest and truthful opinions and actual experiences. The Influencer should only make factual statements about Babe Lash or Babe Lash’s products which the Influencer knows for certain are true and can be verified. Consultant agrees to follow any Babe lash instructions in regards to compliance with FCC regulations, should Babe Lash provide such instruction.
9. Intellectual Property and Content Retention Rights. For the services which the Influencer is providing, the influencer gives Babe Lash permission to use any video, photo, written, or verbal content the influencer provides related to Babe Lash in any manner, in whole or in part, and for any purpose in any way and in any and all media, including and without limitation, on Babe Lash 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 the Influencer provides may be paraphrased, amplified, shortened and/or put into conversational form. The Influencer acknowledges that participation in these services means Babe Lash can use the content and include The Influencer’s name/likeness/social media handle or channel/blog name and any other Influencer attributes in any manner that Babe Lash 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). The Influencer agrees that the Influencer will not hold Babe Lash responsible for any liability resulting from their use of the Influencer’s Babe Lash content in accordance with the terms hereof. Babe Lash shall not be liable for any indirect, consequential, exemplary damages (including but not limited to lost profits) and the combined, aggregate liability of Babe Lash hereunder shall not exceed the fees payable to the Influencer under the Terms and Conditions.
10. Payment Terms. Payment will be made via PayPal to the email address provided by the Influencer. Payments will be due on the 10th of every month in the contract period. The Influencer agrees to submit the appropriate tax forms to Elixir prior to receiving payment.
11. Force Majeure. If either party is unable to perform any of its obligations by reason of fire or other casualty, strike, act or order of public authority, act of God, or other cause beyond the control of such party, then such party shall be excused from such performance during the pendency of such cause.
12. Independent Contractor. The Influencer is retained as an independent contractor of Babe Lash. The Influencer acknowledges and agrees that (i) the Influencer is solely responsible for the manner and form by which the Influencer performs under this Agreement, and (ii) the Influencer is a self-employed individual, who performs services similar to the services outlined in the attached Schedule of Services for various entities and individuals other than Babe Lash. The Influencer is responsible for the withholding and payment of all taxes and other assessments arising out of the Influencer's performance of services, and neither the Influencer nor any of the Influencer's employees or independent clients shall be entitled to participate in any employee benefit plans of Babe Lash.
13. Choice of Law. This Agreement shall be construed and enforced pursuant to the laws and decisions of Utah / USA.
14. Representations, Warranties and Covenants. The Influencer represents, warrants and covenants that the entering into and performance of this Agreement by the Influencer will not violate the terms and conditions of any Agreement, understanding, contract or arrangement that Influencer now has, or during the Term may have, or any law. Influencer covenants that, as of the Effective Date of this Agreement, the Influencer is not bound by any Agreement that may conflict with the Influencer's performance of the Obligations defined herein.
15. Non-Delegation of Obligations. The Influencer agrees that she shall personally perform and adhere to all of the duties, obligations, and rules listed in this Agreement. The Influencer shall not, by contract or otherwise, delegate the performance of any of the Obligations stated herein. The Influencer acknowledges that their skill set and personality are unique and form an essential part of the consideration for this Agreement
16. Non-disparagement. The Influencer will not at any time during or after the term of this Agreement with Babe Lash make any public statements, whether orally or in writing, that are intended to be derogatory or damaging to Babe Lash or any of its officers, consultant’s, directors, partners, agents or shareholders. Babe Lash will not at any time during or after the term of this Agreement make any public statements, whether oral or in writing, that are intended to be derogatory or damaging to Influencer.
17. Survival. Those representations, warranties, terms and covenants in this Agreement which by their nature or context should survive any termination, shall survive any termination of this Agreement.
18. Severability. If any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement.19. Amendments; Waiver. This Agreement may only be amended or modified by a written amendment executed by Babe Lash and The Influencer. Waiver of any default shall not be considered a waiver of any other default or of the same default occurring subsequently. No delay or failure by any party to exercise any right or remedy shall be a waiver of such right or remedy, and no single or partial exercise of any right or remedy shall preclude the further exercise thereof or the exercise at any time of any other right or remedy.