This agreement is between you and Zfluence, a Texas LLC, and describes the full relationship been you, Zfluence, and the brands in the Zfluence Brand Community.
1. Participation Requirements
You confirm that all of the information that you have provided to Zfluence in your Zfluencer Application, including your date of birth, is accurate and truthful. You must be at least sixteen (16) years of age to be a Zfluencer.
2. Personal Information
You agree to allow Zfluence to share the contents of your Zfluence application with the brands in the Brand Community that you have identified as brands with which you would like to work, and you agree to allow the brands to contact you.
In exchange for receiving product(s) from one or more brands in the Brand Community, you agree to:
Personally write and post an independent and honest photo and caption about the brand on your Instagram account (a “Post”);
Not sell, exchange, or return for money any product(s) received; and
Post in compliance with all applicable laws, regulations, and Federal Trade Commission (FTC) guidelines by properly disclosing that you received a free product. For more information regarding FTC endorsement requirements, please visit (https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking)
Should you fail to create a Post in a timely fashion after receiving product(s), or if the brand and/or Zfluence finds your Post to be fraudulent or in violation of any applicable laws and/or regulations, Zfluence has the right to terminate your position as a Zfluencer with or without notification.
4. No Warranty
PRODUCTS ARE PROVIDED TO YOU DIRECTLY FROM THE BRAND OFFERING THE PRODUCT. PRODUCT(S) ARE PROVIDED TO YOU "AS IS". PRODUCT(S) OFFERED ARE NOT GUARANTEED. ZFLUENCE MAKES NO PRODUCT WARRANTIES TO YOU, AND ACCEPTS NO RESPONSIBILITY FOR RETURN, REPAIR, REFUND OR REPLACEMENT.
This agreement will begin as of the date you are notified that you have been accepted as a Zfluencer and may be terminated by either party at any time, for any reason, by providing the other party with notice of termination.
From time to time, you may be provided with certain non-public and/or sensitive information concerning Zfluence and/or the brands with which you are working. Confidential information may include marketing strategies, pricing plans, and other information that is proprietary. You agree to not disclose confidential information unless required by law or court order to do so or until such information becomes public through no fault of your own.
You hereby agree that Zfluence and the brands with which you are working are authorized, in perpetuity and at no cost, to use, reproduce, and/or promote any Instagram posts that have been created by you as a result of your work as a Zfluencer.
8. Additional Information
This agreement will be governed by the State of Texas. Further, the parties agree that any claim or cause of action under or relating to this Agreement shall be brought in the state or federal courts located in Austin, Texas, and the parties agree to submit to the exclusive personal jurisdiction of such courts. Zfluence reserves the right to amend the terms of this agreement at any time. Changes will be effective upon posting a change notice or new terms and conditions on zfluence.com or on the Zfluencer Application page. Your continued participation as a Zfluencer after any changes are posted constitutes your acceptance of those changes.