Dream Opportunity Terms & Conditions
The Advertiser and the Content Creator agree:
1. Appointment. The Advertiser would like the Content Creator’s assistance in promoting / offering / selling the Advertiser’s products via their official social media accounts and website. The Advertiser hereby appoints the Content Creator as its representative on a non-exclusive, non-employee basis to endorse and promote its services to the target audience.
2. Term. This Agreement shall have an initial term of twelve months.
3. Deliverables. The Content Creator will deliver the agreed number of videos and imagery on the agreed platforms on behalf of the Advertiser according to the delivery schedule specified by the Advertiser. The Services shall conform to the specifications and instructions of the Advertiser as outlined in detail in the attached Schedule of Services, abide by the rules of the relevant social media platforms.
4. Cancellation. Either party may terminate this agreement upon ten days prior written notice if the other party breaches this agreement and does not cure such breach within such time period. Either party may terminate this agreement at any time without cause upon thirty days prior written notice to the other party.
5. Collateral Details. The Advertiser shall provide the necessary content and briefing materials to enable the Content Creator to perform the influencer marketing services. If the Content Creator has obtained employees or agents (the “Content Creator Personnel"), the Content Creator shall be solely responsible for all costs associated with the Content Creator Personnel.
6. Confidentiality and Exclusivity. During the course of the Content Creator's performance of services for the Advertiser, the Content Creator will receive, have access to and create documents, records and information of a confidential and proprietary nature to the Advertiser and customers of the Advertiser. The Content Creator acknowledges and agrees that such information is an asset of the Advertiser or its clients, is not generally known to the trade, is of a confidential nature and, to preserve the goodwill of the Advertiser and its clients must be kept strictly confidential and used only in the performance of the Content Creator’s duties under this Agreement. The Content Creator 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 the Advertiser or as otherwise directed by the Advertiser in the course of the Content Creator’s performance of services under this Agreement, and thereafter only with the written permission of the Advertiser. Upon termination of this Agreement or upon the request of the Advertiser, the Content Creator will return to the Advertiser all of the confidential information, and all copies or reproductions thereof, which are in Content Creator’s possession or control. The Content Creator agrees that during the tenure of this contract, and forever afterward, the Content Creator will not actively misportray the advertiser with untrue actions as to do damage to the advertiser.
7. Compensation. The Content Creator shall receive one TCMONSTER02 1,100 piece Monster Mega Master tool kit. The Content Creator will otherwise perform the services at his/her own expense and use his/her own resources and equipment. Upon expiration of the contract the Content Creator shall keep the TCMONSTER02 1,100 piece Monster Mega Master tool kit at no additional expense. The Content Creator acknowledges that the agreed upon compensation represents the Content Creator’s entire compensation with respect to this agreement and the Advertiser shall have no other obligation for any other compensation to or expenses or costs incurred by the Content Creator in connection with the performance of its obligations under this agreement.
8. Material disclosures and compliance with FTC Guidelines. When creating content about the Advertiser’s products or services, the Content Creator must clearly disclose his/her “material connection” with the Advertiser, including the fact that the Content Creator 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 Content Creator makes about the Advertiser or the Advertiser’s 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. #sponsored. The Content Creator’s statements should always reflect the Content Creator’s honest and truthful opinions and actual experiences. The Content Creator should only make factual statements about the Advertiser or the Advertiser's products which the Influencer knows for certain are true and can be verified.
9. 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.
10. Independent Contractor. The Content Creator is retained as an independent contractor of the Advertiser. The Content Creator acknowledges and agrees that (i) The Content Creator is solely responsible for the manner and form by which the Content Creator performs under this Agreement, and (ii) The Content Creator is a self-employed individual, who performs services similar to the services outlined in the attached Schedule of Services for various entities and individual’s other than the Advertiser. The Content Creator is responsible for the withholding and payment of all taxes and other assessments arising out of the Content Creator’s performance of services, and neither the Content Creator nor any of the Content Creator’s employees or independent clients shall be entitled to participate in any employee benefit plans of the Advertiser.
11. Choice of Law. The parties agree that this Agreement shall be interpreted in accordance with the laws of the State of Texas. The parties also agree that the State or Federal Courts located in New Jersey shall be the exclusive forum for the resolution of any disputes arising under this Agreement. The parties waive any defense of lack of personal jurisdiction or forum non-conveniens in connection with any action brought in these Courts.
12. OWNERSHIP: Content Creator posts (photo, audio, and video) and all intellectual property rights subsisting therein are the sole property of the advertiser - Manta PC Tools USA Inc (Teng Tools USA). Brand is granted a non-exclusive license to edit and embed Product Video and Imagery for use throughout the website, blog, and social platforms. Creator trademarks, trade names, designs, and logos are property of the Creator. Additionally, the advertiser - Manta PC Tools USA Inc (Teng Tools USA) is granted a non-exclusive licence to edit and embed all content submitted in the application process for use throughout the website, blog and social platforms.