INFLUENCER TERMS & CONDITIONS

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BY CLICKING “SUBMIT” you (the “Influencer”) are entering into a legally binding contract with CHM Limited trading as Footballers Lives (“FL”) and are agreeing to be bound by these Influencer Terms Conditions which will govern the relationship between you, as an Influencer and/or Affiliate, and FL. 

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT SUBMIT YOUR APPLICATION OR CONTINUE YOUR PARTICIPATION IN THE COLLABORATION.  In addition, if at any time you no longer wish to be bound by these Influencer Terms and Conditions, you must immediately notify FL.  

 

1. Influencer Appointment. FL would like the Influencer’s assistance, as an influencer in promoting / offering / selling Footballers Lives subscriptions via the Influencer’s social media accounts. FL hereby appoints the Influencer as its representative on a non-exclusive, non-employee basis to promote its services to the target audience.
    

2. Term. This Agreement shall continue until terminated by either party on 30 days’ written notice. 
    

3. Termination for breach. Either party may terminate this agreement on 7 days’ 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 under this Agreement or applicable law. If the Influencer has breached this agreement, FL may (i) immediately suspend, limit or terminate the Influencer’s access to any FL account and/or (ii) instruct the Influencer to cease all promotional activities or make clarifying statements, and the Influencer shall immediately comply. 
    

4. Collateral Details. FL will provide the necessary products, content, and briefing materials to enable the Influencer to perform agreed upon marketing services.
    

5. Duty of Care. When the Influencer receives FL content to create promotional materials, it is the responsibility of the Influencer to treat the products with care.
    

6. Influencer Personnel. 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.
    

7. Items to Avoid in Influencer Posts: The Influencer agrees to abide by all branding guidelines set by FL. (For example, all blog posts, social media statuses, tweets, and/or comments should be in good taste and free of inappropriate language and/or any content promoting bigotry, racism or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age).
    

8. Approval and Content Origination: The Influencer understands that all promotions and products they promote as part of this agreement are controlled by FL. The Influencer assumes all responsibility for verifying that the campaign materials published meet FL approval.   
    

9. Confidentiality and Exclusivity. During the course of the Influencer's performance of services for FL, the Influencer will receive, have access to, and create documents, records and information of a confidential and proprietary nature to FL and customers of FL. The Influencer acknowledges and agrees that such information is of a confidential nature and, to preserve the goodwill of FL 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 FL or as otherwise directed by FL in the course of the Influencer's performance of services under this Agreement, and thereafter only with the written permission of FL. Upon termination of this Agreement or upon the request of FL, the Influencer will return to FL all of the confidential information, and all copies or reproductions thereof, which are in Influencer's possession or control. 
    

10. Influencer Compensation. In full consideration of the Influencer’s performance and the rights granted herein, and subject to the Influencer’s full compliance with the Influencer Terms and Conditions, the Influencer will be paid the commissions agreed upon between the Influencer and FL.  For an Influencer to receive a commission, the order transaction must have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out. The Influencer will otherwise perform the services at his/her own expense and use his/her own resources and equipment.

11. Influencer Payment Terms. All successfully completed transactions attributable to the Influencer will be reported by the end of the month following that in which the transaction took place. Payment will be made exclusively via PayPal within 14 days of the issuing of the report.

12. Graphics The Influencer may use the graphics and text provided by FL or may create their own provided that they are deemed appropriate according to the conditions outlined in Para 14.
     

13. Material disclosures and compliance with ASA Guidelines. When publishing posts/statuses about FL products or services, in line with ASA Guidelines the Influencer must clearly disclose his/her “material connection” with FL, 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 FL or FL 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, e.g. #AD. 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 FL or FL products which the Influencer knows for certain are true and can be verified.
     

14. Force Majeure. If either party is unable to perform any of its obligations by reason of fire or other casualty, strike, act or order of public authority, act of God, or other cause beyond the control of such party, then such party shall be excused from such performance during the pendency of such cause.
     

15. Special Termination Rights. The Influencer status may be suspended or terminated for any of the following reasons:

• Inappropriate advertisements (false claims, misleading hyperlinks, etc.).

• Spamming (mass email, mass newsgroup posting, etc.).

• Advertising on sites containing or promoting illegal activities.

• Violation of intellectual property rights. FL reserves the right to require license agreements from those who employ trademarks of FL in order to protect our intellectual property rights.

• Offering rebates, coupons, or other form of promised kick-backs from the affiliate commission as an incentive. Adding bonuses or bundling other products with FL, however, is acceptable.

• Self-referrals, fraudulent transactions, suspected Affiliate fraud.

• Use of any technological or other means (such as by cheating or by using third party tools or software) acquire or seek to acquire users in a way that in the reasonable opinion of FL is not driven by their authentic interest in FL or is otherwise not within the spirit of fair play.
  
  16. Liability. FL will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
  
  17. No warranty. FL does not make any expressed or implied warranties with respect to the affiliate program and/or the products sold by FL. We make no claim that the operation of the affiliate program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
  
  18. Independent Contractor. The Influencer is retained as an independent contractor of FL. 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 this agreement for various entities and individuals other than FL. 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 the Influencer nor any of the Influencer’s employees or independent clients shall be entitled to participate in any employee benefit plans of FL.
  
  19. Choice of Law. This Agreement shall be construed and enforced pursuant to the laws of England and Wales and both parties submit themselves to the exclusive jurisdiction of the English courts.