Client/influencer Agreement

Year: 2018/2019

CLIENT/INFLUENCER INSTAGRAM ACCOUNT FOLLOWERS AGREEMENT

This Client/influencer Agreement (“Agreement”) is entered into the invoice date and day of Month, Year, by and between the Client/influencer: (XXX) and SocialMediaPool.

The Client/influencer and SocialMediaPool agree:

Appointment.
The Client/influencer would like the assistance of SocialMediaPool in organically growing followers per Instagram account appointed. The Client/influencer appoints SocialMediaPool as its technical partner on a non-employee basis to endorse and grow targeted hashtag driven Instagram followers.

Term.
This Agreement shall have an initial term of one year, with a live test period of 3 months. It shall automatically renew per 3 months until the one-year term. Thereafter, unless either party provides thirty days prior written notice of its intention of nonrenewal. Invoices will be send and need to be paid ahead per 3 months period, giving the client/influencer a discount of 25% of the original monthly price.

Deliverables.
The Client/influencer will deliver Instagram name and password to agree access to the Instagram account during the term of this agreement. Further the Client/influencer will deliver 30 hashtags or search words at the start. An easy way to generate these hashtags of searchwords is by making use of an online hashtag generator like: www.top-hashtags.com This might be in English, in the local native language or any language combination suitable for the client/influencer. This will help SocialMediaPool to instantly analyze the expected and potential growth of the Instagram account of the client/influencer. Further it will help to better understand the local hashtags/search words, if not in English. The Services shall conform to the specifications, instructions and abide by the rules of the relevant social media platform.

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. In addition to any right or remedy that may be available to SocialMediaPool under this agreement or applicable law. In addition, in the event that the Client/influencer has breached this agreement, SocialMediaPool may (i) immediately suspend, limit or terminate the Client/influencer’s access to any SocialMediaPool account and/or (ii) instruct the Client/influencer to cease all conflicting activities or make clarifying statements, and the Client/influencer shall immediately comply. Either party may terminate this agreement at any time without cause upon thirty days prior written notice to the other party.

Collateral Details.
The Client/influencers shall provide the necessary content materials to enable SocialMediaPool to maximum perform its account followers growing services. If the Client/influencer has obtained employees or agents (the “Client/influencer Personnel”), the Client/influencer shall be solely responsible for all costs associated with the Client/influencer Personnel. SocialMediaPool will provide the Client/influencer periodically information on how to best obtain the Instagram account. Especially if and when Instagram changes rules and regulations and or algorithms.

Items to Avoid in Client/influencer Posts.
The Client/influencer agrees to avoid mentioning competitors of SocialMediaPool. Further shall the Client/influencer agree to abide all guidelines set in the Brand Rule Guidelines of Instagram. (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, pornographic, racism or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age). You agree that our service may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on your social media profiles, nor for any error or omission.

Approval and Content Origination.
The Client/influencer understands that all content including promotions and products they promote as part of having an Instagram account are controlled by Instagram. The Client/influencer assumes all responsibility for posting content materials meet Instagrams general approval. It’s to the Client/influencers sole discretion to post content in which SocialMediaPool will never be accountable in any way or form.

Confidentiality and Exclusivity.
During the course of SocialMediaPool its performance of services for the Client/influencer, SocialMediaPool will provide documents to help the Client/influencer to better perform with its Instagram account. The Client/influencer acknowledges and agrees that such information is an asset of SocialMediaPool and is not generally known to the trade or its competitors. All by SocialMediaPool provided information is of a confidential nature and, to preserve the goodwill of SocialMediaPool and its international clients must be kept strictly confidential and used only in the performance of the Client/influencer’s Instagram account under this Agreement. The Client/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 SocialMediaPool or as otherwise directed by SocialMediaPool. Thereafter only with the written permission of SocialMediaPool. Upon termination of this Agreement or upon the request of SocialMediaPool, the Client/influencer will return to SocialMediaPool all of the confidential information, and all copies or reproductions thereof, which are in Client/influencer’s possession or control. The Client/influencer agrees that during the tenure of this Agreement, and for a three-month term afterward, the Client/influencer will not undertake client/influencer marketing for a competitor in the same vertical as SocialMediaPool.

Material disclosures and compliance with GDPR/AVG/FTC Guidelines.
When publishing posts/statuses about the Advertiser’s products or services, the Client/influencer must clearly disclose his/her “material connection” with the Advertiser, including the fact that the Client/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 Client/influencer makes about the Advertiser or the Advertiser’s products or services. Please note that this disclosure is required by international law, regardless of any space limitations of the medium (e.g. Twitter), where the disclosure can be made via Hashtags, e.g. #sponsored. The Client/influencer’s statements should always reflect the Client/influencer’s honest and truthful opinions and actual experiences. The Client/influencer should only make factual statements about the Advertiser or the Advertiser’s products which the Client/influencer knows for certain are true and can be verified.

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.

Independent Contractor.
In case of promoting products or services of an advertiser, the Client/influencer is retained as an independent contractor of the Advertiser. The Client/influencer acknowledges and agrees that (i) The Client/influencer is solely responsible for the manner and form by which the Client/influencer performs under this Agreement, and (ii) The Client/influencer is a self-employed individual. The Client/influencer is responsible for the withholding and payment of all taxes and other assessments arising out of the Client/influencer’s performance of services, and neither the Client/influencer nor any of the Client/influencer’s employees or independent clients shall be entitled to participate in any employee benefit plans of SocialMediaPool or its Advertisers.

Choice of Law.
This Agreement shall be construed and enforced pursuant to the laws and decisions of The Netherlands and in particular executed by the Court of Amsterdam.