INFLUENCER AGREEMENT AND RELEASE
In consideration of the mutual covenants set forth herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, I (“Influencer”) hereby agree with Haru (“Company”) as follows:
Services: Company hereby engages Influencer from the date of execution of this Agreement for the purpose of promoting Company and Company content, through Influencer’s social media outlets.
Compensation: Company agrees to provide influencer with one (1) $150 gift card to use towards a lunch or happy hour experience at their local Haru restaurant, subject to the terms and conditions of the Haru gift card policy. Influencer acknowledges electronic gift cards must be printed and physically presented to the restaurant for redemption and that if they choose to do so, tip cannot be added to the gift card.
Usage: Influencer statements should always reflect Influencer’s honest opinion. Influencer agrees to publicly post only positive commentary / feedback / experiences associated with the Promotion and Company and communicate any undesirable commentary / feedback / experiences privately with the Company in writing. If influencer changes his / her opinions and beliefs, Influencer shall immediately notify Company in writing and shall take down any contrary content. Furthermore, Company reserves the right to ask influencer to remove any and all content associated with the Promotion and Company.
Work for Hire. As between Influencer and Company, any and all Content conceived, created or provided by or on behalf of Influencer in connection with this Agreement, including without limitation any other ideas or concepts created or developed by or on behalf of Influencer, are specially ordered and commissioned by Company and shall be considered a work-made-for-hire for Company as that term is defined under U.S. copyright law. Company shall, for copyright purposes, be deemed author of the Content and shall exclusively own all right, title and interest in and to the Content and ideas and concepts as set forth herein, including without limitation, all copyrights, trademarks and patents related thereto.
Assignment of Rights. In the event that the Content is not deemed a work-made-for-hire as defined under U.S. copyright law, Influencer hereby irrevocably assigns the Content and the materials and rights set forth above, including the copyrights, to Company in perpetuity throughout the world.
Release: Influencer hereby irrevocably grants Company, and their respective subsidiaries, affiliates, successors and assigns, and to other such persons Company may designate from time to time, the absolute and unrestricted right in perpetuity and release to use, modify and reuse all Content conceived, created, or provided by or on behalf of Influencer in connection with agreement, in any and all media including but not limited to Internet including social sites, and broadcast media, alone or accompanied by other material, throughout the world for the purpose of advertising, marketing and promoting Company’s products and services.
Influencer waives any rights to inspect and approve the finished materials or their use. Nothing herein will constitute any obligation on Company’s part to make any use of any of the rights set forth herein. Influencer agrees that all rights, title and interest in and to the finished product, including the copyrights therein, shall vest exclusively in Client. Influencer hereby releases and discharges Company from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may exist in any media.
Influencer represents and warrants that Influencer has the full right and power to execute this Release and agrees further that Influencer will not hold Company, or anyone who receives permission from Company, responsible for any claim or liability resulting from the use of Influencer’s content in accordance with the Agreement and Release hereof.
This Agreement and Release contains the entire understanding between the parties and supersedes all prior understandings. No waiver, modification or additions to this agreement shall be valid unless in writing and signed by both parties hereto.
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Document Name: INFLUENCER AGREEMENT AND RELEASE
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