|Conversion action||Online purchase with processed valid payment|
|Cookie days||30 day(s)|
|Commission type||Percent of Sale|
Welcome! We’re so glad that you’re here to help spread the word about Hempz. As an affiliate, you'll be authorized to promote Hempz on your social channels and website. You will also earn commissions on the sales that result from these links. As you know, The Secret is in the Seed.
PLEASE NOTE: This program is not for people intending to resell Hempz.com products.
How can I see my sales?
Please log into your account using the link in the welcome email you received after signing up. In your account, you’ll be able to see your sales, payment status, and other pertinent information.
When will I get paid?
Commission from any sales will be paid to your PayPal account on the last day of each month. First-time affiliates will receive their first payment 30 days after their first commission. Commissions will be paid in increments of $50; payments will be made once this $50 increment level is met.
To ensure you are paid correctly, please correctly enter the email associated with your PayPal account.
HEMPZ DIVISION OF PBI GROUP, INC.
INDEPENDENT INFLUENCER AGREEMENT
This Independent Influencer Agreement (including any schedules, exhibits or addenda attached hereto, the “Agreement”), is made and entered into as of the date identified below (the “Effective Date”), by and between Hempz (“Hempz”), with an address of 15770 North Dallas Parkway #1200, Dallas, TX 75248, United States and the influencer identified below (“Independent Influencer” or “you”). In consideration of the mutual promises contained herein, the parties agree as follows:
The Independent Influencer Program. Independent Influencer agrees to provide to Hempz under the terms and conditions of this Agreement, services (the “Services”) in connection with Hempz’s Independent Influencer Program (the “Program”). As part of the Services, Independent Influencer will generate and post content (including, without limitation, text, videos, and images) regarding Hempz brand and Hempz products on Independent Influencer's social channels and web pages including but not limited to Instagram, Instagram Story, Instagram Reels, Instagram Live, Instagram TV, Facebook, blog, Twitter, TikTok, YouTube, and Pinterest (the “Social Channels”) (collectively the “Content”) in an effort to generate sales.
Independent Influencer agrees to:
• Devote such of his/her time, resources, and best efforts to the Services as is reasonably necessary to perform them in a professional and diligent manner.
• Comply with all applicable laws and regulations.
• Determine, in his /her discretion, the time, place, manner, means, methods, and independent/personal resources by which the Services are performed and achieved.
• Provide and utilize his/her own equipment, tools, and other resources in performing the Services but Hempz will provide to Independent Influencer certain informational materials to facilitate the creation of Independent Influencer's created content to his/her Digital Presence and Social Channels (such templates and other materials are collectively referred to as the “Hempz Materials”).
• Will be responsible for (i) creating and editing the Content and (ii) either emailing to Hempz such Content to use in Hempz marketing or posting such Content on their blog and/or Social Channels with official Hempz tags and hashtags.
• All such Content that is used by Hempz for marketing purposes will be subject to prior review by Hempz. Hempz has the right to use this content at their discretion on the following but not limited to their website, marketing materials, and social channels.
• It is understood and agreed that Independent Influencer will be an independent contractor, is not, and will not be considered an agent or employee of Hempz (or any of its affiliates or related entities), and shall have no authority to bind Hempz (or its affiliates or related entities) by contract or otherwise.
Independent Influencer agrees that they will not: (i)
• Make any derogatory statements about Hempz and/or Hempz products
• Portray Hempz in a negative light
• Link to any third-party websites, other than the Social Channels, or otherwise redirect visitors to third-party websites
• Resell or distribute any Hempz products, including those received for free or as gifts, for commercial purposes
• Promote Hempz products, the Hempz brand, or the Program via any paid media channels
• Promote Hempz products, the Hempz brand, or the Program via any website, media, social media, or electronic presence or resource that may be considered pornographic, lewd, offensive, discriminatory, or that promote violence or extremist viewpoints
• Engage in any fraudulent transactions, as reasonably determined by Hempz, including without limitation making transactions from Influencer's IP addresses or computers under Influencer's control
In consideration for the Services, Hempz will pay to Independent Influencer a percentage of the Net Revenue (as defined below) collected by Hempz in accordance with the Commission Appendix below (the “Commission(s)”). For purposes of this Agreement, “Net Revenue” means gross fees received by Hempz from Qualifying Orders (as defined below), less amounts paid for using store credit or gift certificates, taxes, and transaction-based costs and expenses, including but not limited to payment processing fees and shipping fees. For purposes of this Agreement, “Qualifying Orders” means purchases of Hempz product(s) via the Hempz.com website that are made by a method of payment accepted by Hempz.com. The Commission is also only paid to Independent Influencer if the Qualifying Order is final. Any returns will cause that specific Commission to be deducted out of the month payouts. The Commission will be calculated solely based on records maintained by Hempz using its standard methodologies.
Hempz will pay Independent Influencer its Commission on the last business day of each month, on the condition that the $50 commission minimum be met. Any balance that does not meet this minimum will roll over to be considered for payment in the following month. Commissions due hereunder will be made by Hempz to Independent Influencer through its payment processor (“Payment Processor”), which, as of the Effective Date, is PayPal Holdings, Inc. Independent Influencer is solely responsible for creating and maintaining a Payment Processor account, and communicating such account information to Hempz for purposes of receiving the payments set forth herein. Hempz is not responsible for making any payments based on any amounts which result from any fraudulent transactions, as reasonably determined by Hempz, including without limitation any transactions originating from Influencer's IP addresses or computers under Influencer's control.
Definition. “Confidential Information” means all trade secrets and confidential or proprietary information, whether or not in writing, concerning Hempz’s business technology, business relationships, or financial affairs which Hempz has not released to the general public. By way of illustration, Confidential Information includes, but is not limited to, information or material which has not been made generally available to the public, such as: (i) corporate information, including plans, strategies, methods, policies, resolutions, negotiations, or litigation;(ii) marketing information, including strategies, methods, customer identities, or other information about customers, prospect identities, or other information about prospects, or market analyses or projections; (iii) financial information, including cost and performance data (iv), operational and technological information, including plans, specifications, manuals, forms, templates, software, designs, methods, procedures, formulas, discoveries, inventions improvements, concepts, and ideas; and (v) personnel information, including personnel lists, reporting or organizational structure, resumes, personnel data. Confidential Information also includes information received in confidence by Hempz from its customers or suppliers or other third parties.
Non-Disclosure and Non-Use Obligations. Independent Influencer will not, at any time, without Hempz's prior written permission, either during or after the term of this Agreement, disclose any Confidential Information to anyone outside of Hempz, or use or permit to be used any Confidential Information for any purpose other than the performance of the Services for or on behalf of Hempz. Independent Influencer will cooperate with Hempz and use best efforts to prevent the unauthorized disclosure or use of any and all Confidential Information. Independent Influencer will deliver to Hempz all copies of Confidential Information in Independent Influencer's possession or control upon the earlier of a request by Hempz or termination of this Agreement for any reason.
Information of Third Parties. Independent Influencer understands that Hempz is now and may hereafter be subject to non-disclosure or confidentiality agreements with third persons which require Hempz to protect or refrain from use of Confidential Information. Independent Influencer agrees to be bound by the terms of such agreements in the event Independent Influencer has access to such Confidential Information.
Intellectual Property Rights.
Independent Influencer hereby grants to Hempz and its subsidiaries, affiliates, licensees, agents, representatives, successors, and assigns:
Unrestricted, fully-paid, royalty free, exclusive, transferable, and irrevocable rights, power and authority to use, reproduce, publish, print, distribute, transmit, copy, or otherwise use any of the Content, worldwide and perpetually, in whole or in part, in any medium known now or later discovered, for the purpose of its advertisements, promotions, marketing activities, public relations, educational, and other commercial or non-commercial purposes, subject only to the payment made to Independent Influencer in section 2 hereof.
Independent Influencer shall have the revocable, unlimited, perpetual, and worldwide right to use the Content, for Independent Influencer’s promotional purposes, in any and all media now known or hereafter developed.
Hempz Materials and Trademark.
Except for Independent Influencer's limited right to use the Hempz Materials solely in connection with performing the Services, Hempz retains all right title and interest in the Hempz Materials, including all related intellectual property rights. Hempz hereby grants to Independent Influencer, a limited, non-exclusive, non-transferable license to use and display Hempz’s name, website address, logo, and trade names (the “Marks”), solely in connection with performing the Services.
Independent Influencer agrees that any use of the Marks:
• Will comply with Hempz’s quality standards and trademark guidelines, which may be provided by Hempz to Independent Influencer from time to time
• Will solely inure to the benefit of Hempz. The Marks are proprietary and nothing in this Agreement constitutes the grant of a general license for their use. Independent Influencer does not acquire any right, title, or interest in the Marks or the goodwill associated therewith. Independent Influencer agrees not to (A) attack the Marks or assist anyone in attack in the Marks, and (B) make any application to register the Marks or use any confusingly similar trademark, service mark, trade name, iconography, or derivation thereof including, but not limited to, the registration of any domain name including any of the Marks, during the term of this Agreement and thereafter.
Federal Trade Commission Requirements.
Independent Influencer acknowledges and agrees that the provisions of the Federal Trade Commission's Guides Concerning Use of Endorsements and Testimonials in Advertising (the “Guides”) apply to Independent Influencer's provision of the Services hereunder. Independent Influencer represents and warrants that he or she has read and understands the Guides and their requirements, and that the Content and Other Developments (including, without limitation, social media communications regarding Hempz products, the Hempz brand, and/or the Program) will contain clear and prominent disclosures compliant with the Guides.
Representations and Warranties.
Independent Influencer represents and warrants that:
• He or she is at least 18 year of age and legally allowed to live and work in his/her country of residence
• The Services will be performed in a professional, lawful, and workmanlike manner, in accordance with any terms and conditions set forth herein and in the Hempz Materials;
• The Content and Other Developments are Independent Influencer's original work
• Use of the Content and Other Developments by Hempz will not infringe or involve the misappropriation of any third-party rights
• All clearances and licenses relating to the use of the Content or Other Developments have been obtained by Independent Influencer
• Except as expressly set forth herein, no fee, compensation, or any other payment whatsoever will be payable by Hempz for any Content or Other Developments or any content or material incorporated therein to any third party;
• He or she will comply with all applicable laws, rules, and regulations, including the Guides
Independent Influencer shall indemnify and hold Hempz, its affiliates, and their respective directors, officers, agents, and employees harmless from and against all claims, demands, losses, damages, and judgments, including court costs and attorneys' fees, arising out of or based upon the Services and/or Independent Influencer's performance thereof including, but not limited to, (a) any claim that the Services provided hereunder or, any related intellectual property rights or the exercise of any rights in or to any Content, Other Development, Influencer IP, or related intellectual property rights infringe on, constitute a misappropriation of the subject matter of, or otherwise violate any patent, copyright, trade secret, or trademark of any person or breaches any person's contractual rights; and (b) any breach or alleged breach by Independent Influencer of any representation, warranty, certification, covenant, obligation, or other agreement set forth in this Agreement.
This Agreement will commence on the Effective Date and continue until terminated as set forth herein. Either party may terminate this Agreement for convenience upon at least seven (7) days' prior written notice thereof to the other party. Hempz may, in addition to any other rights it may have at law or in equity, terminate this Agreement immediately and without prior notice if Independent Influencer refuses to or is unable to perform the Services or is in breach of any material provision of this Agreement. Upon any termination of this Agreement, all rights and duties of the parties toward each other shall cease, except that the following Sections shall survive: 2 (with respect to any Net Revenue accrued during the term of this Agreement but not yet paid); 3, 4(a), 4(b), 4(c) and 5 through 13 (inclusive).
Independent Contractor; No Agency.
Independent Influencer is not and shall not be deemed an employee, agent, joint venture, or partner of Hempz, and neither party shall have any right or authority to assume or create any obligation on behalf of or bind the other party in any manner whatsoever.
Limitation of Liability.
IN NO EVENT SHALL HEMPZ, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (EACH, A “HEMPZ PARTY”) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM OR RELATED TO THIS AGREEMENT, THE HEMPZ PRODUCTS AND/OR THE PROGRAM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH HEMPZ PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. IN SUCH STATES, THE LIABILITY OF THE HEMPZ PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Governing Law, Jurisdiction and Venue.
The provisions of this Agreement will be construed and enforced in accordance with, and any dispute arising out of or in connection with this Agreement, including any action in tort, will be governed by, the laws of the State of Texas. Each party hereby irrevocably submits to the exclusive jurisdiction and venue of the courts within Texas.
All notices or other communications, required or permitted to be given hereunder, shall be in writing and shall be delivered electronically, personally, or mailed, certified mail, return receipt requested, postage prepaid, to the parties at their addresses as set forth above. Any notice given electronically shall be deemed received on the business day following transmission. Any notice mailed in accordance with the terms hereof shall be deemed received on the third day following the day of mailing. Either party may change the address to which such notices to such party may be given hereunder by serving proper notice of such change of address to the other party.
Independent Influencer and Hempz agree that it would be impossible or inadequate to measure and calculate Hempz’s damages from any breach by Independent Influencer of this Agreement. Accordingly, Independent Influencer and Hempz agree that if Independent Influencer breaches this Agreement; Hempz will have available, in addition to any other right or remedy available and notwithstanding anything to the contrary in Section 10 above, the right to obtain from any court of competent jurisdiction an injunction restraining such breach or threatened breach and specific performance of Sections 3, 4 and Section 8. Independent Influencer and Hempz further agree that no bond or other security shall be required in obtaining such equitable relief and Independent Influencer and Hempz, hereby consent to the issuances of such injunction and to the ordering of such specific performance.
If any provision of this Agreement is found to be invalid by any court or arbitrator having competent jurisdiction, then the meaning of said provision shall be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of this Agreement which shall remain in full force and effect. Failure of Hempz to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision of this Agreement. No waiver shall be effective against Hempz unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Hempz and Independent Influencer, this Agreement constitutes the entire agreement between Independent Influencer and Hempz with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience, and shall not be given any legal import. Neither this Agreement nor any right hereunder or interest herein may be assigned or transferred by Independent Influencer without the express written consent of Hempz. Hempz may assign any or all of its rights and obligations under this Agreement without Independent Influencer's written consent to any affiliate or to another third party affiliate by way of merger, acquisition, consolidation, or sale or transfer of all or substantially all of Hempz’s assets or capital stock. Any attempted assignment, delegation, or transfer to a third party in violation hereof shall be null and void. Subject to the foregoing, this Agreement shall be binding on the parties and their successors and assigns.
For Qualifying Orders in a calendar month, Hempz will pay to Independent Influencer commission payments in accordance with the following, with the exception that Hempz could have promos that could go to higher percentages as incentive, all details of such promos to be at Hempz’s sole discretion and communicated to Independent Influencer in due time:
10% of Net Revenue
Commission must equal $50 before a payment is made.
For purposes of this Commission Appendix, each Qualifying Order shall count as one Qualifying Order, regardless of the number of Hempz Products that are purchased pursuant to such Qualifying Order.
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