Sativa Springs Influencers
Welcome! We're so glad you decided to join us!
Let's get started! In order to register, simply review and accept the terms of the Influencer Agreement and Deliverables Guide located on the following 2 pages. After reviewing, please complete the Registration Form, and you will receive an email with your unique discount code as well as a link to your Commissions Dashboard powered by Affilitatly. Make your first social media post announcing your new journey with Sativa Springs — be sure to include your discount code in the post. Your followers will receive 15% off the retail price — and you’ll get a 25% commission for every successful sale that enters your code at checkout. Your free bottle of Sativa Springs Essentia Oil will be on its way to you soon. Simple as that!
Contract vers. 1.0
Created on April 21, 2019
This Influencer Agreement ("Agreement") is between the Advertiser, Rise Biologics LLC doing business as Sativa Springs and the Influencer (as indicated by the completed form).
The Advertiser and the Influencer agree:
1. Appointment. The Advertiser would like the Influencer’s assistance in promoting/offering/selling the Advertiser’s products via their social media accounts. The Advertiser hereby appoints the Influencer as its representative on a non-exclusive, non-employee basis to endorse and promote its products to the target audience or the Influencer hereby fails to meet requirements of agreement.
2. Term. This Agreement shall have an initial term of 60 days and shall automatically renew unless either party provides thirty days prior written notice of its intention of nonrenewal.
3. Deliverables. The Influencer will deliver the agreed number of posts on the agreed platforms on behalf of the Advertiser according to the delivery schedule specified by the Advertiser.
- At least 3 Instagram posts with mentions and tags
- At least 1 Facebook page post with mentions and link to Sativa Springs website
- At least 5 or more Instagram stories with mentions and tags
The Services shall conform to the specifications and instructions of the Advertiser as outlined in detail in the Deliverables Guide and abide by the rules of the relevant social media platforms. If Sativa Springs feels the images are not acceptable they retain the right to ask for the images be deleted from the Influencer's social media channel.
4. 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 the Advertiser under this agreement or applicable law, or in the event that the Influencer has breached this agreement, the Advertiser may (i) immediately suspend, limit or terminate the Influencer’s access to any Advertiser account and/or (ii) instruct the Influencer to cease all promotional activities or make clarifying statements, and the 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.
5. Collateral Details. The Advertiser shall provide the necessary content and briefing materials to enable the Influencer to perform the influencer marketing services. If the Influencer has obtained employees or agents (the "Influencer Personnel"), the Influencer shall be solely responsible for all costs associated with the Influencer Personnel.
6. Items to Avoid in Sativa Springs Sponsored Influencer Posts: The Influencer agrees to avoid mentioning the following agreed competitors of The Advertiser: any local or national brands that sell similar products. The Influencer agrees that all material created, 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, racism or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
7. Approval and Content Origination: The Influencer is encouraged to be authentic, creative and genuine in the styling of the images and content created. The Influencer understands that all promotions and products they promote as part of this agreement are controlled by the Advertiser. The Influencer assumes all responsibility for verifying that the campaign materials used meet the Advertiser’s approval. If Sativa Springs feels the images are not acceptable they retain the right to ask the images be deleted from the Influencer's social media channel or corrective action be taken.
8. Compensation. In full consideration of the Influencer’s performance, his / her obligations and the rights granted herein, the Influencer shall be compensated prior to work being delivered in the form of a product valued at $79.99 (MSRP) to each participant, the amount agreed upon between the Influencer and Advertiser. The Influencer will otherwise perform the services at their own expense and/or use their own resources and equipment. The Influencer acknowledges that the agreed upon compensation represents the Influencer’s entire compensation with respect to this agreement and the Advertiser shall have no other obligation for any other compensation to or expenses or costs incurred by the Influencer in connection
with the performance of its obligations under this agreement.
9. Commissions & Payouts. The Infuencer will earn a 25% commission when a customer successfully purchases a Sativa Springs product using the unique discount code assigned to the Influencer. A breakdown of earnings is as follows:
- MSRP = $79.99 – with 15% discount = $67.99 (per bottle)
- 25% commission – Influencer earns $16.99 (per bottle)
Sativa Springs pays commissions in USD via check in the first week of every month. As Sativa Springs has a 30-day money back guarantee, commissions can only be paid on purchases that are older than 30 days. The minimum payout balance is $50.00, and there’s no maximum payout balance. The Influencer's unique discount code may be applied to personal purchases; however, Sativa Springs does not allow commissions to be generated on the Influencer's own purchases.
Payments to Influencers are classified as non-employee compensation. Influencers are not employees, therefore, Influencers are responsible for reporting the amounts paid to them to the IRS if it totals over $600 during the year. Any Influencer who has earned $600 or more in a calendar year will receive a 1099-MISC Form from Sativa Springs/Rise Biologics.
10. Refunded Purchases. Referrals older than 30 days and in good standing (i.e. the purchase has not been refunded) will be included with each commission payout (if the commission balance totals $50.00 or over). If a purchase is refunded, a commission won’t be paid out for that referral.
We reserve the right to reject affiliate commissions for any reason. Commission rejections may occur for the following reasons:
- The sale that the referral was based on was refunded
- The method by which the referral was generated was in violation of our promotional policies or violated the spirit of the Influencer Agreement
11. Material Disclosures and Compliance with FTC Guidelines. When publishing posts/statuses about the Advertiser’s products or services, the Influencer must clearly disclose his/her “material connection” with the Advertiser, including the fact that the 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 Influencer makes about the Advertiser or the Advertiser’s products or services. Please note that this disclosure is required regardless of any space limitations of the medium (e.g. Twitter), where the disclosure can be made via Hashtags, e.g. #sponsored. The Influencer’s statements should always reflect the Influencer’s honest and truthful opinions and actual experiences. The Influencer should only make factual statements about the Advertiser or the Advertiser's products which the Influencer knows for certain are true and can be verified.
12. 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, without compensation.
13. Independent Contractor. The Influencer is retained as an independent contractor of the Advertiser. The Influencer acknowledges and agrees that (i) The Influencer is solely responsible for the manner and form by which the Influencer performs under this Agreement, and (ii) The Influencer is a self-employed individual, who performs services similar to the services outlined in the Deliverables Guide for various entities and individuals other than the Advertiser. The Influencer is responsible for the withholding and payment of all taxes and other assessments arising out of the Influencer's performance of services, and neither the Influencer nor any of the Influencer's employees or independent clients shall be entitled to participate in any employee benefit plans of the Advertiser.
14. Choice of Law. This Agreement shall be construed and enforced pursuant to the laws and decisions of Argyle, Texas.
15. Image Rights. In consideration of an engagement as an Influencer, and for other good and valuable consideration herein acknowledged as received, the Influencer hereby grants the following rights and permissions to Rise Biologics LLC, dba Sativa Springs, and all persons or corporations acting with the permission of or authority of this company.
Sativa Springs reserves the unrestricted right and permission to take, use, re-use, publish, and re-publish photographic portraits or pictures of the Influencer in which the Influencer may be included, in whole or in part, or composite or distorted in character or form, made through any medium at the company’s studios or elsewhere, and in any and all media now or hereafter known, specifically including but not limited to social and print media, and distribution over the internet for promotion, art, editorial, advertising, trade, or any other purpose whatsoever. All image credit will be given when and where it can be.
16. Discount. In our partnership, Sativa Springs will be issuing the Influencer a custom discount code for 15% off the entire purchase. This discount is for the Influencer and their followers to use in purchasing items from the Sativa Springs website. This discount code should be mentioned in the Facebook and Instagram sponsored posts and Instagram Stories. Using this code benefits the follower, the seller and the Influencer. The code will be used to track the Influencer's success and ROI on this collaboration. This discount will be valid on anything online for the duration of the engagement, and has the potential to renew as the relationship continues.
17. Sales Territory. Influencer agrees that they will not (a) sell, transfer or otherwise distribute any Sativa Springs Products (Products) outside of the United States (Sales Territory), (b) enter into any agreement or arrangement with any other party or amend any existing agreement or arrangement regarding the sale, transfer or other distribution of any Products outside of the Sales Territory, or (c) take any other action to intentionally circumvent the restrictions set forth in (a) and (b) above.