1. Provision of professional services
Both Parties agree that the Collaborator will provide their services as a social media influencer to the Company, and specifically the following services:
- Posts/videos on Instagram and TikTok
- Publications must be posted no later than 2 weeks after receiving the package
- Publications must include:
- Mention @hoodie.lab
- Use of hashtags: #hoodielab
- Discount code, provided by Hoodie Lab
- Disclosure methods: #ad, paid partnership feature, etc.
- Statistics: the Collaborator will provide the statistics related to the impressions and clicks generated by each post
Failure to follow these publication requirements, including failure to include the codes stated above, will be cause for breach and/or termination of the Contract.
The posted content must be new and unpublished. Images or videos used by the Collaborator in the past are not valid.
The Collaborator agrees to not delete the aforementioned publications from their profiles and/or social channels for at least one month after publications, unless due to force majeure or abandonment of the professional activity that motivates this Contract.
The Collaborator agrees to edit and republish the publications a maximum of two times if they do not fulfil the conditions set forth in this contract and/or if they negatively affect the Hoodie Lab’s image.
These services will be provided by the Collaborator as an independent professional, in a non-labor relationship. The Collaborator will not be an employee of Hoodie Lab at any time.
The Collaborator has proven experience in the activity covered by this agreement and states that they do not subcontract third parties, in whole or in part, for the activity they perform. The Collaborator has the necessary qualifications and training, the production infrastructure, and the equipment needed to develop their professional and economic activity. The Collaborator will be solely responsible for the use, conservation, and custody of their work instruments.
2. Responsibility to disclose advertisements
The Collaborator agrees to comply with their obligations to inform the consumer of the advertising actions being carried out, in accordance with the guidelines set forth in the (Federal Trade Commission or other applicable regulatory bodies). As the one who prepares and publishes the collaboration content, the Collaborator must ensure compliance with the legal requirements for the disclosure of advertising and any other applicable laws
The Collaborator agrees to maintain absolute confidentiality regarding the performance of the contracted services and the results thereof, as well as any information related to the Company’s business. The Collaborator will not use such information for their own benefit or for the benefit of any other person or entity, and they will not disclose this information to any person or entity. This obligation of confidentiality binds the Collaborator indefinitely, even when the provision of services subject to this Contract ceases.
The Collaborator agrees not to disseminate any content to which they have access as a result of this collaboration to any channel, media, journalist, blogger, or any other information intermediary.
The Collaborator may not transfer, totally or partially, temporarily or definitively, the rights and obligations derived from this Contract, nor may they partially or totally execute the services contracted by a third party or legal entity. An offense to the foregoing will be cause for termination of this Contract, without need for judicial declaration.
The Collaborator shall ensure the security of the data and information made available to them by the Company, which includes preventing third parties from accessing said information, storing it, reproducing it by any means, or making it public, except when required by current legislation or court order.
4. Intellectual and industrial property
The Company declares that it is the owner and/or has the rights and/or licenses to the intellectual and industrial property necessary for the fulfillment of the obligations laid out in this Contract.
The Collaborator gives the Company the right to use the intellectual property of the work performed under this agreement, particularly the rights of reproduction, distribution, transformation in any of its forms, and public communication of said work. These rights will be non-exclusive, granted for a global territorial scope, and will last for the duration provided by international laws and conventions related to intellectual property.
The aforementioned rights will be assigned in all their forms, especially those detailed below:
- The right of reproduction includes the total or partial reproduction of graphics, sound, video, audiovisual, or any other form of media, whether said reproduction is carried out by analog, digital or other procedures.
- The right of distribution includes the sale, rental, loan, or any other form of making the work available to the public.
- The right of public communication includes the communication of the work to the public by wired or wireless means, so that members of the public can access said work from the place and time of their choosing. This also includes access of any form to the work when incorporated into a database, even if said database is not protected by copyright.
5. Personal data protection
For the purposes of regulations related to the Protection of Personal Data, the Collaborator states that they have been informed that the personal data and other information collected in this Contract may be incorporated and processed in a digital file. The Company is responsible for this file and is the recipient of it, and the purpose of said file is the development, compliance, and control of the legal relationship in accordance with current legislation.
Likewise, the Collaborator grants their express content to have their personal data incorporated and processed by the person responsible for the file, for the purposes of monitoring compliance with current regulations.
Finally, the Collaborator also authorizes the Company to communicate their personal data concerning the legal relationship between the Parties in any commercial operation in which the Company finds itself involved.
The data and image of the Collaborator may be processed by the Company in order to prepare promotional material related to the products marketed in this collaboration. It may be displayed in any type of communication and/or marketing support and used to carry out different commercial and/or advertising actions or sent out to third parties by mail.
Likewise, the image may be disseminated for commercial purposes online, which includes websites, YouTube, video platforms, and on the different social networks where the Company/Client has a presence (Instagram, Facebook, Twitter, TikTok, Linked In, etc.). The image may also be disseminated in the press, television, radio, or any other medium.
The promotional documentation prepared by the Collaborator may be displayed to clients and/or potential clients of the Company/Client, as well as when the Company or third parties promote the products marketed in the campaign. The Collaborator expressly consents to the processing of and transfer of their data and image for the purposes indicated above and for the recipients which have been mentioned, as well as for their subsequent commercial, promotional, or advertising use by the Client.
This authorization covers the transfer of the use of the Collaborator’s image in accordance with the provisions of Organic Law 1/1982 on the protection of the right to honor, privacy, and your own image, without it being understood as an illegitimate interference in the right to the owner’s own image.
The Collaborator may at any time exercise their right of access, rectification, cancellation, and opposition to the processing of their data. To exercise these rights, they can contact the Company at the address indicated at the beginning or end of this document.
The transfer of rights of use made under this contract is made for the entire geographical world. The duration of the assignment of the existing rights of use of the content will be from the signing of this Contract and will extend for the entire duration of the rights of use, in accordance with the provisions of the legislation in force at any time.
6. Termination of agreement
Valid causes for termination of the Agreement will be all those that are expressly included in the regulations applicable to it, particularly the following:
- Withdrawal of the Collaborator, with prior notice of 15 calendar days to the Company, as provided in the second clause of this Contract.
- Will of the Company for just cause, with 5 days prior notice to the Collaborator.
- Will of the Company in case of absence or abandonment of the Collaborator from the place of execution of the agreed services without prior notice to the Company and without proving a justified cause of absence.
- Failure by the Collaborator to exclusively provide their professional services for the Company, unless acting with the express and written consent of the Company’s management body, as stipulated by the sixth clause of this Contract.
7. Conflict resolution and regulations
In the event that any condition of this Contract or part of it is declared invalid, this circumstance will not affect the validity of the remaining conditions of the Contract. In such a case, the Parties mutually agree that they will replace the invalid condition with another as close as possible to what the parties initially intended.
For everything not established in this Agreement, the Parties are subject to the provisions of EU laws and regulations, as well as any other not mentioned above but which specifically applies.
The Parties submit to the jurisdiction of the courts of Sweden for all matters arising out of this Contract.
Finally, for the record, the Parties sign two copies of this Contract to one sole effect at the place and time indicated in the heading, endorsing each and every page.