By collaborating with Swavy, the influencer agrees to abide by these terms and conditions. Please ensure you understand and agree to these T&C before commencing any collaboration with Swavy.
Swavy Influencer Collaboration Terms and Conditions:
Swavy engages the influencer to promote products and services via their social media accounts. This appointment is on a non-exclusive, non-employee basis.
The term of the agreement will commence on the campaign start date and end on the campaign end date as mutually agreed.
The influencer agrees to:
Swavy reserves the right to terminate the agreement or partnership at any point with five days' prior written notice if the influencer breaches the agreement and fails to cure such breach. In the event of a breach, Swavy may suspend, limit, or terminate the influencer’s access to Swavy accounts and instruct the influencer to cease all promotional activities.
The influencer will be compensated with agreed products, fees or commissions. This compensation covers all services, expenses, and use of resources. The influencer acknowledges this as their entire compensation for the agreement.
Payment or product delivery terms will be coordinated as mutually agreed.
Swavy will provide necessary content and briefing materials.
All promotional content must be pre-approved by Swavy.
Swavy reserves the right to request deletion or modification of any post at any time.
The influencer agrees to keep all confidential information obtained during the course of the collaboration strictly confidential and use it only for the performance of services under this agreement. Upon termination, all confidential information must be returned to Swavy.
All rights to content created under this agreement belong to Swavy. This includes any intellectual property rights, which are transferred or licensed to Swavy as needed.
The influencer must perform the services personally and cannot subcontract without Swavy's written consent. The influencer is fully responsible for any third parties involved in the services.
Neither party will be liable for failure to perform obligations due to causes beyond their control, such as natural disasters, strikes, or acts of public authority.
The influencer is an independent contractor and is responsible for their own taxes and legal compliance.
In case an authorization code is required for the campaign, the influencer agrees to share the code with Swavy for a period of six months following the campaign's end date. This ensures that Swavy can track and manage the campaign’s performance effectively
The influencer must ensure all services comply with applicable laws and do not infringe on third-party rights. The influencer will indemnify Swavy for any breaches or violations.
The influencer must:
In the event that Influencer, after receiving gifts from the brand, fails to fulfill their obligations under this agreement, including but not limited to, ceasing communication or refusing to produce the agreed-upon content, the influencer shall be liable to pay the brand liquidated damages in the amount of USD 500. This obligation to pay liquidated damages shall not apply in cases of demonstrably unforeseeable circumstances that prevent Influencer from performing, such as illness, family emergencies, or other events beyond the influencer's reasonable control, provided that the influencer notifies Swavy of such circumstances promptly and in writing, and Swavy, in its sole discretion, deems the circumstances to be a valid excuse for non-performance.
For a period of 6 months following the influencer’s last collaboration with Brand, influencer agrees that they will not enter into any agreements or collaborations with Brand, except through Swavy.
The influencer cannot remove or delete the post after 60 days from the posting date unless mutually agreed upon with Swavy.
Swavy reserves the right to audit the influencer’s activities related to the campaign to ensure compliance with the agreement terms.
In case of a performance model based on clicks, Swavy will review and verify all clicks generated by the influencer’s content. Any clicks deemed to be spam or fraudulent will be excluded from the payment calculations. The influencer agrees to this verification process and acknowledges that only legitimate clicks will be compensated.