Influence Marketer Terms Of Service
- The Parties. This Agreement is made between:
The ChristGEO Media Group, Inc. (“Client”)
Influence Marketer: (“Influencer”).
WHEREAS the Client intends to pay the Influence Marketer for Services provided, effective immediately under the following terms and conditions:
- The Services. The Influence Marketer agrees to perform the following:
To Market “ The ChristGEO Media Group, Inc’s Christian subscription services in TV & Radio. The Influencer will, to the best of its ability, engage its audience in a predetermined creative manner with the ultimate objective of The ChristGEO Media Group, Inc adding additional subscription customers.
Hereinafter known as the “Services”.
III. Payment. In consideration for the Services to be performed by the Influence Marketer, the Client agrees to pay the following:
– 10% of all subscription plans in which sales have been initiated by said influence marketers campaign, promo codes, links, or other such creative marketing strategy.
Completion shall be defined as the fulfillment of Services as described in Section II in accordance with industry standards and to the approval of the Client, not to be unreasonably withheld.
The Influence Marketer may transfer their revenue share earnings at any time from our online portal system. Funds will be electronically deposited into said Influencers financial institution.
- Due Date. The Services provided by the Influence Marketer shall Not have a due date.
- Expenses. The Influence Marketer shall be:
Responsible for all expenses related to providing the Services under this Agreement. This includes, but is not limited to, supplies, equipment, operating costs, business costs, employment costs, taxes, Social Security contributions/payments, disability insurance, unemployment taxes, and any other cost that may or may not be in connection with the Services provided by Influence Marketer.
VII. Termination. This Agreement shall have no specific end date.
In addition, the Client or Influence Marketer may terminate this Agreement, and any obligations stated hereunder, with reasonable cause by providing written notice of a material breach of the other party; or any act exposing the other party to liability to others for personal injury or property damage.
VIII. Option to Terminate. The Client and Influence Marketer shall Have the option to terminate this Agreement at any time by providing 10 days’ written notice.
- Independent Influence Marketer Status. The Influence Marketer, under the code of the Internal Revenue Service (IRS), is an independent Influence Marketer, and neither the Influence Marketer’s employees or contract personnel are, or shall be deemed, the Client’s employees.
In its capacity as an independent Influence Marketer, Influence Marketer agrees and represents: Influence Marketer has the right to perform services for others during the term of this Agreement; Influence Marketer has the sole right to control and direct the means, manner, and method by which the Services required by this Agreement will be performed. Influence Marketer shall select the routes taken, starting and ending times, days of work, and order the work is performed; Influence Marketer has the right to hire assistant(s) as subInfluence Marketers or to use employees to provide the Services required under this Agreement. Neither Influence Marketer, nor the Influence Marketer’s employees or personnel, shall be required to wear any uniforms provided by the Client; The Services required by this Agreement shall be performed by the Influence Marketer, Influence Marketer’s employees or personnel, and the Client will not hire, supervise, or pay assistants to help the Influence Marketer; Neither Influence Marketer nor Influence Marketer’s employees or personnel shall receive any training from the Client in the professional skills necessary to perform the Services required by this Agreement; and Neither the Influence Marketer nor Influence Marketer’s employees or personnel shall be required by the Client to devote full-time to the performance of the Services required by this Agreement.
- Federal and State Taxes. Under this Agreement, the Client shall not be responsible for:
Withholding FICA, Medicare, Social Security, or any other federal or state withholding taxes from the Influence Marketer’s payments to employees or personnel or make payments on behalf of the Influence Marketer; Make federal or state unemployment compensation contributions on the Influence Marketer’s behalf; and the payment of all taxes incurred related to or while performing the Services under this Agreement, including all applicable income taxes and, if the Influence Marketer is not a corporation, all applicable self-employment taxes. Upon demand, the Influence Marketer shall provide the Client with proof that such payments have been made.
XII. Benefits of Influence Marketer’s Employees. The Influence Marketer understands and agrees that they are solely responsible for shall be liable to all benefits that are provided to their employees, including but not limited to, retirement plans, health insurance, vacation time-off, sick pay, personal leave, or any other benefit provided.
XIII. Unemployment Compensation. The Influence Marketer shall be solely responsible for the unemployment compensation payments on behalf of their employees and personnel. The Influence Marketer shall not be entitled to unemployment compensation in connection with the Services performed under this Agreement.
XIV. Workers’ Compensation. The Influence Marketer shall be responsible for providing all workers’ compensation insurance on behalf of their employees. If the Influence Marketer hires employees to perform any work under this Agreement, the Influence Marketer agrees to grant workers’ compensation coverage to the extent required by law. Upon request by the Client, the Influence Marketer must provide certificates proving workers’ compensation insurance at any time during the performance of the Service.
- Indemnification. The Influence Marketer shall indemnify and hold the Client harmless from any loss or liability from performing the Services under this Agreement.
XVI. Confidentiality. The Influence Marketer acknowledges that it will be necessary for the Client to disclose certain confidential and proprietary information to the Influence Marketer in order for the Influence Marketer to perform their duties under this Agreement. The Influence Marketer acknowledges that disclosure to a third party or misuse of this proprietary or confidential information would irreparably harm the Client. Accordingly, the Influence Marketer will not disclose or use, either during or after the term of this Agreement, any proprietary or confidential information of the Client without the Client’s prior written permission except to the extent necessary to perform Services on the Client’s behalf.
Proprietary or confidential information includes, but is not limited to: The written, printed, graphic, or electronically recorded materials furnished by Client for Influence Marketer to use; Any written or tangible information stamped “confidential,” “proprietary,” or with a similar legend, or any information that Client makes reasonable efforts to maintain the secrecy of business or marketing plans or strategies, customer lists, operating procedures, trade secrets, design formulas, know-how and processes, computer programs and inventories, discoveries, and improvements of any kind, sales projections, and pricing information; and information belonging to customers and suppliers of the Client about whom the Influence Marketer gained knowledge as a result of the Influence Marketer’s Services to the Client. Upon termination of the Influence Marketer’s Services to the Client, or at the Client’s request, the Influence Marketer shall deliver to the Client all materials in the Influence Marketer’s possession relating to the Client’s business. The Influence Marketer acknowledges any breach or threatened breach of confidentiality that this Agreement will result in irreparable harm to the Client for which damages would be an inadequate remedy. Therefore, the Client shall be entitled to equitable relief, including an injunction, in the event of such breach or threatened breach of confidentiality. Such equitable relief shall be in addition to the Client’s rights and remedies otherwise available at law.
XVII. Proprietary Information. Proprietary information, under this Agreement, shall include:
The product of all work performed under this Agreement (“Work Product”), including without limitation all notes, reports, documentation, drawings, computer programs, inventions, creations, works, devices, models, work-in-progress and deliverables will be the sole property of the Client, and Influence Marketer hereby assigns to the Client all right, title and interest therein, including but not limited to all audiovisual, literary, moral rights and other copyrights, patent rights, trade secret rights and other proprietary rights therein. Influence Marketer retains no right to use the Work Product and agrees not to challenge the validity of the Client’s ownership in the Work Product;
Influence Marketer hereby assigns to the Client all right, title, and interest in any and all photographic images and videos or audio recordings made by the Client during Influence Marketer’s work for them, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings; and The Client will be entitled to use Influence Marketer’s name and/or likeness in advertising and other materials.
XVIII. No Partnership. This Agreement does not create a partnership relationship between the Client and the Influence Marketer. Unless otherwise directed, the Influence Marketer shall have no authority to enter into contracts on the Client’s behalf or represent the Client in any manner.
XIX. Assignment and Delegation. The Influence Marketer may assign rights and may delegate duties under this Agreement to other individuals or entities acting as a subInfluence Marketer (“SubInfluence Marketer”). The Influence Marketer recognizes that they shall be liable for all work performed by the SubInfluence Marketer and shall hold the Client harmless of any liability in connection with their performed work.
The Influence Marketer shall be responsible for any confidential or proprietary information that is shared with the SubInfluence Marketer in accordance with Sections XVI & XVII of this Agreement. If any such information is shared by the SubInfluence Marketer to third (3rd) parties, the Influence Marketer shall be made liable.
- Governing Law. This Agreement shall be governed under the laws in the State of New York.
XXI. Severability. This Agreement shall remain in effect in the event a section or provision is unenforceable or invalid. All remaining sections and provisions shall be deemed legally binding unless a court rules that any such provision or section is invalid or unenforceable, thus, limiting the effect of another provision or section. In such a case, the affected provision or section shall be enforced as so limited.
XXII. Breach Waiver. Any waiver by the Client of a breach of any section of this Agreement by the Influence Marketer shall not operate or be construed as a waiver of any subsequent breach by the Influence Marketer.
XXIII. Additional Terms and Conditions. Influencer agrees to collaborate with ChristGEO in all regards to create, modify and perfect any and all advertising and marketing campaigns initiated.
XXIV. Entire Agreement. This Agreement, along with any attachments or addendums, represents the entire agreement between the parties. Therefore, this Agreement supersedes any prior agreements, promises, conditions, or understandings between the Employer and Employee.