Collaboration Agreement *
Estero Bow Co. Brand Representative Agreement
I. THE PARTIES. This Social Media Contract (“Contract”) made on date of form submission is by and between:
Advertiser: Estero Bow Co., with a mailing address of 21424 Bella Terra Blvd., Estero, Florida, 33928 (“Advertiser”), and
Brand Representative: The individual and/or company that is submitting this form and accepting the agreement. (“Brand Representative”).
The Advertiser and the brand representative are individually referred to herein as a "Party" and collectively as the “Parties.”
II. COMMENCEMENT AND DURATION. Work is to commence upon acceptance of this agreement. This Contract is for 90 days. The terms of the Contract remain in effect until either the Advertiser or the Brand Representative terminates the Contract, giving 2 days’ notice to the other Party (“At-Will”). After termination, the Parties shall have no obligations or liabilities to one another.
III. CONTENT REQUIREMENTS. The Brand Representative shall make social media postings for the Advertiser as described: To promote Estero Bow Co.’s product or general business with an included image of the product being used and the tag @esterobowco contained on all postings.
Hereinafter known as the “Content.”
The Content must be original, factual, compliant with the terms and conditions of the social media platforms used, compliant with all applicable FTC guidelines, and must contain any tags, links, or titles the Advertiser requests to be included in the uploaded media.
IV. SOCIAL MEDIA PLATFORMS. The Content shall be published on the Brand Representative's Instagram profile submitted as part of this agreement.
V. ADVERTISER APPROVAL. The Influencer shall not be required to obtain permission from the Advertiser before publishing a post.
VI. PAYMENT. The Advertiser agrees to provide the Brand Representative with a 30% promo code valid for 90 days, shipped at the expense of the Brand Representative. They are being paid $0 USD in addition to the unique discount code.
Hereinafter known as the “Payment Amount.” The Brand Representative understands that they are responsible for the payment of all appropriate local, state, and federal taxes.
VII. PAYMENT INSTRUCTIONS. The Advertiser is required to pay the Payment Amount to The Influencer prior to any content that is to be posted.
VIII. DEPOSIT. For the good-faith performance of this Contract, the Advertiser shall not be required to make a deposit as part of this Contract.
IX. EXCLUSIVITY OF BRAND REPRESENTATIVE. For the purposes of this Contract, the Brand Representative's role with the Advertiser is non-exclusive. The Brand Representative is free to work for other advertisers for the duration of this Contract.
X. COPYRIGHT. The Content created by the Brand Representative, for the purposes of fulfilling this Contract, shall be the intellectual property of the Brand Representative.
XI. CONFIDENTIALITY. The Brand Representative must:
a) Avoid disclosing confidential or proprietary information by any means necessary that is not authorized by the Advertiser to any third parties, both during the term of this Contract and for at least one (1) year following its termination;
b) Avoid making copies or duplicating the Advertiser’s confidential and proprietary information unless directed to do so by the Advertiser;
c) Only use specific information provided by the Advertiser for use that is explicitly authorized by the Advertiser; and
d) Inform the Advertiser immediately if they become aware of unauthorized disclosure or use of any potential confidential or proprietary information.
Failure of any of the above may result in the termination of this Contract and legal action against the Brand Representative.
XII. TERMINATION. This Contract shall terminate in the event of any of the following:
a) Upon the death of either the Advertiser or the Brand Representative;
b) If the Brand Representative is unable to work due to a sudden, medically documented physical or mental ailment;
c) If the business of either the Brand Representative or the Brand Representative is liquidated, dissolved, or otherwise discontinued;
d) If either the Advertiser or the Brand Representative has any petition filed against them under federal or state bankruptcy or insolvency laws; and
e) If either Party chooses to terminate this Contract in accordance with Section II.
Upon termination, all fees calculated to the date of termination must be paid to the Brand Representative by the Advertiser. Similarly, under such termination, the Brand Representative shall be responsible for:
a) The delivery of all documents and materials containing the Advertiser’s proprietary or confidential information;
b) Permanently erasing all proprietary and confidential information from their electronic devices; and
c) Certifying in writing that they have complied with the above stipulations.
XIII. ADVERTISER LEGAL REQUIREMENTS. The Brand Representative is not responsible for any legal, technical, or regulatory specifications regarding the Advertiser’s business; this is the sole responsibility of the Advertiser.
XIV. LIMITATION OF LIABILITY. The Advertiser’s liability will be limited to the total Payment Amount due to the Brand Representative.
XV. INDEMNIFICATION. The Advertiser and the Brand Representative will each defend, indemnify, and hold the other harmless, including, but not limited to, affiliates, successors, assigns, employees, agents, and officers) against all losses, damages, deficiencies, liabilities, awards, penalties, or expenses of whatever kind, including attorneys’ fees and related legal fees, incurred by themselves in connection with any claims, suits, actions, demands, or judgments arising out of this Contract.
XVI. SEVERABILITY. If any portion of this Contract shall be held invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
XVII. GOVERNING LAW. This Contract shall be construed and governed in accordance with the laws located in the State of Florida.
XVIII. FORCE MAJEURE. The Brand Representative is not liable for cessation or delay of work due to forces beyond their reasonable control, including but not limited to acts of God, military action, riots, and acts of nature.
XIX. ENTIRE CONTRACT. This Contract constitutes the entire contract between the Parties. No modification or amendment of this Contract shall be effective unless in writing and signed by both Parties.
XX. EXECUTION. The Advertiser and the Brand Representative each represent and warrant to the other that each person executing this Contract on behalf of each Party is duly authorized to execute and deliver this Contract on behalf of that Party.
By submitting this form, you are agreeing to all aforementioned terms and conditions.