Constructive Playthings Social Influencer Program

This Influencer Agreement ("Agreement") is between the Advertiser (U.S. TOY Co., Inc. ® / CONSTRUCTIVE PLAYTHINGS) and the Influencer.

The Advertiser and the Influencer agree:

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 services to the target audience.
Term. This Agreement shall have an initial term of one year and shall automatically renew for additional one-year terms thereafter unless either party provides thirty days prior written notice of its intention of nonrenewal.
Deliverables. The Influencer will deliver the agreed number of posts on the agreed platforms on behalf of the Advertiser according to the current Campaign Brief established by the Advertiser. The deliverables shall conform to the specifications and instructions of the Advertiser as outlined in detail in the current Campaign Brief, abide by the rules of the relevant social media platforms, and are subject to the Advertiser's acceptance and approval.
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. In addition, 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.
Collateral Details. The Advertiser shall provide the necessary product 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. By agreeing to these terms, influencer's children are signed and released for Advertiser use across all media channels (i.e. social, email, blog, website, print). All photography and/or video that includes minors outside of the influencer's guardianship (children that are not the influencer's own children) must have an additional signed photo release from the minor's guardians in place stating the Advertiser is free to use in marketing and advertising campaigns.
Items to Avoid in Influencer Posts: The Influencer agrees to avoid mentioning obvious competitors. The Influencer agrees to abide by all guidelines set in the Campaign Brief. (For example, all 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).
Approval and Content Origination: 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.
Compensation. In full consideration of the Influencer’s performance, his / her obligations and the rights granted herein, the Influencer shall be allowed to keep the provided promotional product. The Influencer will otherwise perform the services at his/her own expense and use his/her 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.
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, 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.
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.
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 Campaign Brief for various entities and individuals other than the Advertiser.
Choice of Law. This Agreement shall be construed and enforced pursuant to the laws and decisions of Overland Park, KS.