This agreement is between you and Zfluence, a Texas LLC, and describes the full relationship between 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 and born on or after January 1, 1995, to be a Zfluencer.
2. Personal Information
You agree to allow Zfluence to share the contents of your Zfluencer 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 these brands to contact you.
When chosen to work with one or more brands in the Brand Community, the brand(s) will contact you directly. You agree to respond in a timely manner to all of their communications to you. In addition, in exchange for receiving product(s) from one or more brands in the Brand Community, you agree to:
A) Fulfill in a timely manner all promises that you have made to the brand(s) you are working with;
B) Not sell, exchange, or return for money any product(s) received or request cash compensation in exchange for your work as a Zfluencer;
C) Not request cash compensation from Zfluence or any of the companies with which you are working;
D) Write and post independent and honest photos and captions about the brand(s) for which you are working if you are posting for them on social media and post in compliance with all applicable laws, regulations, and Federal Trade Commission (FTC) guidelines. For more information regarding FTC endorsement requirements, please visit this page.
Should you fail to do any of the above, or if the brand and/or Zfluence finds anything you have done 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
Product(s) 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 their return, repair, refund, or replacement.
This agreement will begin on the date that you are notified that you have been accepted as a Zfluencer and may be terminated by either party at any time, for any reason, with or without notice.
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 social media posts or other content that has been created by you as a result of your work as a Zfluencer and for that brand.
8. Relationship of the Parties
This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
9. 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.