|Conversion action||Online purchase with processed valid payment|
|Cookie days||7 day(s)|
|Commission type||Percent of Sale|
Launched in August 2019, this brand has already been featured in Vogue, Bustle, BuzzFeed and many more. The demand and innovation is unmatchable with anything out there. Get ready to WOW your followers and fall in love with the efficient and innovative brand.
Alleyoop’s ethos has a non-negotiable focus on smart, efficient products addressing multiple benefits, designed and packaged for maximum portability and usability.
The name says it all: beauty and body products that set you up to score. Alleyoop makes products that keep up with real. busy. women. Alleyoop is empowering women to spend less time on their beauty routines and more time on what drives and fulfills them. Overachieving products, made for overachieving people. Join the AlleyoopTroop!
1. DEFINITIONS. Capitalized terms used in this Agreement have the definitions assigned herein.
1.1 Content means all materials, data, code, information, concepts, sketches, designs, pictures, videos, photography, writings, and other creative content used or created by Influencer in connection with Advertiser brand or its products.
1.2 Publication (or Publish) means making any Content available by Influencer to the public.
1.3 Intellectual Property means any and all plans, processes, inventions, innovations, materials, designs, graphics, text, logos, packaging, product configurations, photographs, internet and social media addresses and domains or websites, works of authorship, including without limitation any Content and any patents, trademarks, trade dress, copyrights, or trade secrets resulting therefrom, and applications, recordations, and registrations thereof.
2.1 Influencer shall promote or review the products of Advertiser as provided in this Agreement. Influencer understands that time is of the essence and that failure to publish according to the timing as agreed by the Parties may result in the early termination of this Agreement, without any compensation.
2.2 Influencer will create Content for Publication consisting of reviews of Advertiser products, tutorials using Advertiser products, Advertiser events, Advertiser news, and other promotional Content in the form of videos, photography, and text as designated by the Parties in Addendum A, attached hereto.
2.3 Influencer agrees that the use of any of Advertiser’s Intellectual Property will be with Advertiser’s approval and in accordance with Advertiser’s direction.
3.1 At least 72 hours prior to Publication, Influencer shall submit any Content to Advertiser for review on a date as specified by Advertiser. Influencer is not permitted to Publish any Content without Advertiser’s written approval.
3.2 In each instance that Content is Published, Influencer shall clearly and conspicuously disclose all material connections between Influencer and Advertiser, per FTC guidelines.
3.3 After Content is Published, Influencer may further disseminate, reblog, link to, or re-Publish the Published Content. Influencer shall also make sure to include all necessary mentions and links as required by Advertiser in this Agreement.
3.4 Influencer shall not delete, remove, or otherwise make inaccessible to the public any Published Content without Advertiser’s written approval or Advertiser’s request.
3.5 Influencer represents that Content will not contain references to or be Published in association with libel, knowingly false content, profanity, violence, racial intolerance, illicit drugs or drug paraphernalia, pornography, adult or mature content, or any other content that promotes intolerance, illegal activity, or infringes upon the legal rights of others, including but not limited to any third party Intellectual Property.
3.6 The Published Content may not be obscured or hidden by advertisements, links to other websites, or any other obstructions. No third party links or advertisements should be placed within or associated with the Published Content unless specified by Advertiser.
4. INDEPENDENT CONTRACTOR.
4.1 Influencer renders all Services to Advertiser under this Agreement as an independent contractor. Influencer is not an employee of Advertiser. Influencer has no authority to bind Advertiser contractually or otherwise, and Influencer may not incur any liability on behalf of Advertiser.
4.2 Influencer retains the right to control and direct the means, manner, and method by which the Services as provided by this Agreement will be performed. For example, Influencer shall select the mode of execution, the starting and stopping times for each day’s work, the days of the week in which work is accomplished, and the order in which the work is performed.
4.3 Influencer shall be responsible for all expenses incurred in providing the Services. Unless otherwise provided for in this Agreement or approved in writing, Advertiser shall not reimburse Influencer for expenses incurred by Influencer in connection with the Services.
4.4 Advertiser shall not be responsible for federal, state, and local taxes derived from Influencer’s net income or for the withholding and/or payment of any federal, state, and local income taxes, and other payroll taxes, workers’ compensation, disability benefits, insurance, or other legal requirements applicable to the Influencer.
5.1 Tangible Property. Any and all documents, materials, equipment, software, hardware, reports and other materials or information created by Influencer or provided to Influencer by Advertiser shall be the exclusive property of Advertiser at all times and such property shall not be used by Influencer on other projects or in other businesses without Advertiser’s express written consent (i.e, email).
5.2 Intellectual Property. All right, title and interest in and to any Intellectual Property of any kind created or developed by Influencer arising from the Services, whether patentable, copyrightable or otherwise, is hereby assigned and released to Advertiser including any personal rights, or rights of publicity in Influencer’s image, likeness, name, voice and signature used with any Content. Influencer shall execute all documents as Advertiser deems to be necessary and desirable to effect and perfect such assignment. Influencer shall promptly provide Advertiser with copies of all developments, modifications, or translations of any Content and other materials related to the Services made by or for Influencer. All Content rendered under the terms of this agreement may be used by ALLEYOOP exclusively and in perpetuity. ALLEYOOP reserves the right to use any and all videos and/or written posts created under this agreement by Influencer for any future purpose it chooses. Influencer shall cooperate with Advertiser in registering, creating or enforcing any patents, copyrights, trademarks or other rights arising hereunder, in the event any assistance is requested by Advertiser. Advertiser shall reimburse Influencer for all out-of-pocket expenses incurred by Influencer in rendering such assistance. In the event that Influencer fails promptly to execute, acknowledge or deliver to Advertiser any agreements, assignments, quitclaims or other instruments required by Advertiser hereunder, Advertiser is hereby irrevocably appointed Influencer’s attorney-in-fact (which agency shall be deemed coupled with an interest) with full right, power and authority to execute, acknowledge, verify and deliver the same in the name of and on behalf of Influencer.
5.3 Work Made For Hire. To the extent that the Content or a portion of the Content qualifies as a "work made for hire" by an independent contractor within the definition of Section 101 of the Copyright Act of the United States (17 U.S.C. § 101), the Parties intend that the Content will be so deemed a work made for hire.
5.4 Property Rights. Influencer will not, and will not permit any third party to: (a) alter, modify, reproduce, or create derivative works of any Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any Content; or (c) alter, obscure or remove any copyright, trademark, or any other notices that are provided on or in connection with any Content. Influencer is granted no licenses or rights in or to any Content therein or related thereto.
6. DATA PRIVACY. Influencer shall provide Advertiser with the ability to collect, extract, compile, synthesize, and analyze non-personally identifiable data or information resulting from access to, use of, and viewing of the Published Content, subject to applicable laws, rules, policies, and regulations which may be in effect by third parties.
7.1 Advertiser shall pay Influencer for the Services in accordance with the schedule set forth in Addendum A. Any variation of such compensation must be expressly agreed in writing by both Parties.
7.2 Influencer shall provide Advertiser with invoices to receive payments in accordance with the schedule set forth in Addendum A.
7.3 Payment shall be made in U.S. Dollars within fifteen (15) working days following receipt of Influencer’s invoice.
8.1 Each party warrants that it will perform the services described herein in accordance with the Agreement and all applicable laws, rules, and regulations. Each party warrants that it has the legal right and authority to enter into and perform this Agreement. If Influencer is under 18, Influencer shall promptly notify Advertiser who shall then provide a parent/guardian consent document to be made part of this Agreement.
8.2 Influencer warrants that any Publication of Content by Influencer will be in accordance with all applicable laws, rules, policies, and regulations.
8.3 Influencer warrants that any website or online platform it maintains complies and will continue to comply with all applicable laws, rules, regulations, policies, including data collection and data privacy laws.
9. CONFIDENTIALITY. Influencer acknowledges that in the course of rendering the Services as provided in this Agreement, Influencer may come into possession and/or knowledge of confidential information, whether orally or in writing, the disclosure of which may harm Advertiser. Influencer shall maintain all confidential information in the strictest of confidence. All documents, files, data, or other materials concerning or containing confidential information shall remain Advertiser’s sole and exclusive property and shall be used by Influencer only as necessary for Influencer’s performance of the Services. Confidential information shall not include (i) information that becomes available to the public other than by a breach of this Agreement, (ii) information that is known to Influencer prior to the disclosure thereof to Influencer by or on behalf of Advertiser, and (iii) information to be disclosed pursuant to law. The Parties further agree that neither Party will disparage, directly or indirectly, the other and shall take all necessary steps to modify any communications which may be reasonably inferred as a criticism or disparagement of the other.
10. TERM AND TERMINATION.
10.1 This Agreement takes effect as of the Effective Date, and remains in full force and effect until termination.
10.2 This Agreement automatically terminates upon final payment of the schedule of invoices set forth in Addendum A, or if either Party terminates this Agreement at will, with or without cause, on fourteen (14) days’ written notice. Should this Agreement terminate prior to completion of the Services, each Party bears its own costs arising from this Agreement.
10.3 In the event of Influencer’s breach of any term of this Agreement, Advertiser may terminate this Agreement immediately. Advertiser may proceed with any and all remedies available to Advertiser for breach of this Agreement by Influencer.
11.1 Governing Law and Construction. This Agreement shall be governed, construed, and enforced in accordance with the laws of the state of California.
11.2 Dispute Resolution. Each Party agrees that all disputes arising under this Agreement shall be brought exclusively in the Superior Court of the State of California in Los Angeles County, and each Party irrevocably waives any objection such Party may have as to the venue of any such proceeding brought in such court as an inconvenient forum.
11.3 Indemnification. Influencer shall defend, indemnify, and hold harmless Advertiser, its affiliates, agents, subsidiaries, and their respective officers, directors, employees and agents (the “Indemnified Parties”), from and against any and all claims, liabilities, losses, damages, judgments, penalties or expenses, including litigation expenses, which may be sought from, imposed upon, incurred by or recovered from the Indemnified Parties as a direct or indirect result of Influencer’s performance of, or failure to perform, its obligations under this Agreement, or Influencer’s negligence or misconduct in its performance of Services.
11.4 Consequential Damages Waiver; Limitation of Liability. Advertiser shall not be liable for any indirect, special, incidental, punitive, consequential, or exemplary damages arising from or relating to this Agreement, regardless of the type of claim, including but not limited to lost profits, loss of revenue, loss of anticipated revenue, or lost business. Advertiser’s entire liability hereunder shall not exceed the total fees it is required to pay Influencer in the month prior to the month in which the claim arose.
11.5 Assignment. Influencer may not assign this Agreement or delegate any duties hereunder without the prior written consent of Advertiser.
11.6 Entire Agreement. This Agreement and its attachments is the entire agreement between Influencer and Advertiser with respect to Services and the subject matter herein. This Agreement supersedes any and all prior agreements, whether oral or written.
11.7 Modification/Waiver. No provision of this Agreement may be modified, waived, terminated or amended except by a written instrument executed by the Parties hereto. No waiver of a breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or other provisions hereof.
11.8 Severability. In the event that any provision of this Agreement is deemed invalid, illegal, or unenforceable, the remaining provisions hereof shall not be affected, and this Agreement shall continue in full force and effect.
11.9 Headings. Headings appear solely for convenience. Such headings are not part of this Agreement and shall not be used to construe it.
11.10 Binding Agreement. This Agreement shall inure to the benefit of and be binding on the principal’s agents and successors.
11.11 Survival. Upon termination of this Agreement, the following sections shall survive: Section 1 (Definitions), Section 3 (Content), Section 4 (Independent Contractor), Section 5 (Ownership), Section 6 (Data Privacy), Section 8 (Warranties), Section 9 (Confidentiality), Section 10.3 (Termination), and Section 11 (General).
11.12 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and all of which shall be taken together to form one single document.