The Company will provide the Partner with custom URL (s) (the “Links”) that are generated and tracked by the Company. The Partner may publish the Links wherever he/she wishes, as long as he/she abides by the rules of the social media platforms used.
The Partner will deliver the agreed number of posts on the agreed platforms on behalf of the Company according to the specific Schedule attached to the present Agreement.
The Partner may use 4 music tracks under Standard License Terms for his or hers own content, for free, per month, from the Company’s website.
Τhe Partner may offer a discount of 10% to his/her subscribers for purchases of music tracks made on the Company’s website via the Partner’s relevant Links.
The term ‘’Company Products” refers to all music tracks commercially offered to users on the Company’s website.
PAYMENT. The Partner shall be compensated for the services he/she offers by the Company according to the provisions of par. 7. The Company and the Partner may alter the payment terms in writing if they agree so.
Τhe Company shall pay the Partner a commission equal to 20% of Net Revenue actually received by the Company from the initial payment of each music track purchased under a subscription made to INFINITYmusiclibrary through his/her advertisements and via the Link provided by the Company to the Partner as described above. In order for this purchase from users to be included in the Partner’s payment, the users’ sign up in the Company’s website shall be within 90 days of clicking the Partner’s Link.
“Net Revenue” means all revenue actually received by the Company, less any applicable taxes or fees payable by the Company, with amounts that are billed but not collected, or not yet billed not included.
The amount of commission owed to the Partner, under the provisions of this paragraph, will be deduced from the reports generated by the Company and shall be regarded as sufficient and conclusive evidence.
The Company shall generate these reports at the end of each calendar month and the payments of the amounts due shall be made on the 15th of each calendar month. Payments will be proceeded with Paypal. The Partner is under the obligation to send to INFINITYmusiclibrary at [email protected], at the end of each calendar month, a request for his/her payment and to issue a single invoice that includes the total amount due to him/her according to the purchases made in INFINITYmusiclibrary via his/her Links as described above. In case the Partner issues more than one invoices, these invoices will not be accepted by INFINITYmusiclibrary. If the Partner omits to send the monthly invoice to INFINITYmusiclibrary, the sum due will then be credited to the Partner when he/she issues his/her next invoice.
CONFIDENTIALITY: The Parties herein agree that they will not use, disclose, communicate, copy or permit the use or disclosure of any information of confidential nature to any third party that they have received and gained access to in order to fulfill this Agreement. Each party shall only have the right to disclose the confidential information to its officers, directors, employees, agents and consultants for the purposes authorized herein. Prior to disclosing the confidential information to any such person, each party shall inform them properly so that it is clarified to these persons that they are under the obligation to comply with the confidentiality and the obligations and restrictions contained in this Agreement. The provisions of this paragraph shall survive the termination of this Agreement.
INTELLECTUAL PROPERTY: All intellectual property rights, including copyrights, trade marks, trade secrets, trade names, logos, patent rights, corporate and domain names, together with all of the goodwill associated therewith, derivative works, and all other rights (collectively, "Intellectual Property Rights") in and to all documents, work product, and other materials that are delivered by the Company under this Agreement or prepared by or on behalf of the Partner in the course of performing the Services (collectively, the "Deliverables") except for any Confidential Information of the Partner shall be owned by the Company. The Company hereby grants the Partner a temporary license to use all Intellectual Property Rights in the Deliverables free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sublicensable, fully paid-up, royalty-free, and perpetual basis to the extent necessary to enable the Partner to provide the Services.
APPROPRIATE CONTEXT. The Partner agrees that his/her posts and advertisement of the Company’s Products in general is in compliance with the Company’s Acceptable Use Policy, as described in the Company’s official website (for example all blog posts, social media statuses, tweets and /or comments should be free of inappropriate, offensive language or any content promoting racism or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age)
ΙΝDEMNIFICATION. The Influencer hereby agrees to indemnify the Company from and against any claims, demands, actions, damages, losses, liabilities, penalties or fines (including legal costs) which the Company or its subsidiaries may suffer from any person, in connection (directly or indirectly) with any breach, non-fulfillment, act or omission of this Agreement on his/her behalf and any inaccuracy and untruth statement regarding the Company Products. The Company hereby agrees to indemnify the Partner and his/her subsidiaries from and against any claims, demands, actions, damages, losses, liabilities, penalties or fines (including legal costs) which the Company or its subsidiaries may suffer from any person, in connection (directly or indirectly) with any breach of this Agreement on the part of the Company. The indemnifications as stated in par. 8 of the present Agreement shall survive the termination of this Agreement and for a period of 2 years thereafter.
GENERAL TERMS. The parties hereby warrant that they have the full capacity and authority to enter into this Agreement, and by entering into this Agreement no laws, rules, contractual agreements and in general legal obligations are violated.Any alteration, supplement, waiver or termination of this Agreement shall not be binding for the parties unless stated in writing. Neither this Agreement nor any rights or obligations arising from it shall be assigned by either parties to any third party without prior consent and written notice to each other. This Agreement shall be construed and enforced pursuant to the laws of Greece and the courts of Greece, Limassol, shall be the appropriate jurisdiction for the resolution of any dispute that may arise from the execution of this Agreement and both parties hereby consent to this exclusive jurisdiction.
INDEPENDENT CONTRACTOR. The Influencer is retained as an independent contractor of the Company and no agency or partnership is created by this Agreement. 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 the Influencer shall not be entitled to any remuneration, rights or benefits other than as set forth in this Agreement, unless otherwise agreed in writing by both parties hereto.