CHIPPI & CO. INFLUENCER AGREEMENT
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.
BY SUBMITTING AN APPLICATION TO CHIPPI & CO. AFFILIATE, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU UNEQUIVOCALLY AGREE TO BE LEGALLY BOUND EACH AND EVERY TERM AND CONDITION.
This AFFILIATE Program Agreement (the “Agreement”) is a legally binding contract between you (“Influencer”, “you”, "affiliate" or similar terms) and Chippi & Co. (“Chippico”, “us”, “we”, or similar terms) and applies to your participation in the CHIPPI & CO. AFFILIATE PROGRAM (the “Program”). Any person or entity that participates or attempts to participate in the Program must accept this Agreement without change. By registering for the Program, you agree to this Agreement.
1. Description of the Program:
The Program permits you to monetize your social media user-generated content by placing on your social media profiles (“Your Profiles”) a personalized affiliate coupon code (“Your Code"). The Influencer will be receiving $5 entrance bonus and monthly commission for “Qualified Purchases” from CHIPPICO.COM (the “Chippi & Co. Site”) using Influencer’s Code, as further described (and subject to the limitations in) Section 8 below.
2. Deliverables and Content Approvals:
By entering the affiliate program, the Influencer agree to deliver a minimum of 2 Instagram stories and 2 Instagram posts or an agreed number of deliverables confirmed by representatives through email, on behalf of Chippi & Co. according to the delivery schedule specified by Chippi & Co. The first content piece should always be delivered within 7 days from the date the Influencer receives Chippi & Co. product. The Services shall conform to the specifications and instructions of Chippi & Co. as outlined in detail in the attached Schedule of Services, abide by the rules of the relevant social media platforms, and are subject to Chippi & Co.'s acceptance and approval. Chippi & Co. has a maximum of 7 days to reject any deliverable in accordance with this Section and must notify the Influencer within 7 days of receipt of work that additional revisions and/or amendments will be requested.
The Influencer understands that all promotions and products they promote as part of this agreement are controlled by Chippi & Co. We have the right to reuse influencer’s content in the brand’s future marketing materials. The Influencer assumes all responsibility for verifying that the campaign materials used meet Chippi & Co.'s approval.
This Agreement shall have an initial term of 1 month and shall automatically renew for additional one-month terms thereafter unless either party provides 7 days prior written notice of its intention of non-renewal.
4. Collateral Details:
Chippi & Co. 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. Eligibility To Participate In The Program & Prohibited Activities:
You must be at least 18 years of age. If you are the parent or legal guardian of a person under the age of 18, you represent and warrant that the minor is of legal age to participate in the Program, you are the legal parent or guardian of the minor whose rights are covered by this Agreement, that you have read the terms of this Agreement and consent to the terms herein and you will not revoke your consent.
You must have an Instagram account.
You must have a PayPal account.
You must comply with this Agreement to participate in the Program and to receive Commissions.
You must promptly provide us with any information that we request to verify your compliance with this Agreement.
Your Code is for you to post solely in Your Channels. Participation in the Program does not grant you any rights to sell Chippi & Co. items at events of any kind (ex. farmer's markets, etc.) that have not received the express written permission by us.
You must not comment with Your Code on any Chippi & Co. social media posts or channels (i.e. Instagram, Twitter, Facebook, etc.), even if you see another Influencer doing it.
DO NOT add Your Code to coupon sites, it’s cheating! We check these sites frequently.
Remember that the purpose of the Program is to bring new clients to the brand and help spread the Chippi & Co. movement!
Either party may terminate this agreement upon 7 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 Chippi & Co. under this agreement or applicable law, In addition, in the event that The influencer has breached this agreement, Chippi & Co. may (i) immediately suspend, limit or terminate the Influencer’s access to any Chippi & Co. 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.
7. Confidentiality and Exclusivity:
During the course of the Influencer's performance of services for Chippi & Co., the Influencer will receive, have access to and create documents, records and information of a confidential and proprietary nature to Chippi & Co. and customers of Chippi & Co.. The Influencer acknowledges and agrees that such information is an asset of Chippi & Co. or its clients, is not generally known to the trade, is of a confidential nature and, to preserve the goodwill of Chippi & Co. 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 he/she 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 Chippi & Co. or as otherwise directed by Chippi & Co. in the course of the Influencer's performance of services under this Agreement, and thereafter only with the written permission of Chippi & Co.. Upon termination of this Agreement or upon the request of Chippi & Co., the Influencer will return to Chippi & Co. all of the confidential information, and all copies or reproductions thereof, which are in Influencer's possession or control.
8. Material disclosures and compliance with FTC Guidelines:
When publishing posts/statuses about Chippi & Co.'s products or services, the Influencer must clearly disclose his/her “material connection” with Chippi & Co, 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 Chippi & Co. or Chippi & Co.'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 #Chippico and #AWISHCOMESTRUE. 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 Chippi & Co. or Chippi & Co.'s products that the Influencer knows for certain are true and can be verified.
9. Commissions on Qualified Purchases:
Qualified purchase revenue* (USD)
Commission rate/ order
One-time entrance bonus
We will pay you $5 entrance bonus and a commission with a base amount of no less than 8% of the price paid by the customer and actually received by Chippi & Co, before taxes and shipping, on all Qualified Purchases (your “Commission”). A “Qualified Purchase” occurs when (i) a customer uses Your Code to purchase eligible goods from the Chippi & Co Site; (ii) the customer’s payment is successfully processed.
Notwithstanding the foregoing, Qualified Purchases are disqualified and no Commission shall be due whenever (a) they occur in connection with a violation of this Agreement, or any other terms, conditions, specifications, statements, and policies that we may issue from time to time that apply to the Program; (b) any purchases that occur after termination of your Agreement; (c) any order where a cancellation, return, or refund has been initiated; (d) any purchase by a customer who is referred to the Chippi & Co Site by a link that is generated or displayed on a search engine (including Google, Yahoo, Bing, or any other search portal, sponsored advertising service, or other search or referral service, or any site that participates in such search engine’s network); (f) any purchase by a customer who is referred to the Chippi & Co Site by a link that sends users indirectly to the Chippi & Co Site via an intermediate site, without requiring the customer to click on a link or take some other affirmative action on that intermediate site; (f) any purchase by a customer, where such customer does not comply with the terms and conditions applicable to the Chippi & Co Site; or (g) any purchase that is not correctly tracked or reported because the Your Code is not properly formatted or inserted in the Chippi & Co Site’s checkout process.
We will use commercially reasonable efforts to accurately and comprehensively track Qualified Purchases for the purposes of our internal tracking, and creating and distributing your Commissions. We may hold accrued Commissions for a reasonable period of time following any termination of this Agreement to ensure that the correct amount is paid.
We will pay Commissions in United States Dollars via your designated PayPal account on the 10th of each calendar month after which they were earned.
10. Force Majeure:
If either party is unable to perform any of its obligations by reason of fire or another casualty, strike, act or order of public authority, pandemic, or other cause beyond the control of such party, then such party shall be excused from such performance during the pendency of such cause.
11. Independent Contractor:
The Influencer is retained as an independent contractor of Chippi & Co. 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 Chippi & Co. 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 Chippi & Co.
12. Choice of Law
This Agreement shall be construed and enforced pursuant to the laws and decisions of State/ Country.
Should you need to contact us on #AWISHCOMESTRUE affiliate program, send us an email to firstname.lastname@example.org