Agreement between The STURM AFFILIATES Applicant and BARBARA STURM MOLECULAR COSMETICS GmbH
The STURM AFFILIATES Applicant undertakes to complete the following Scope of Work which is part of the DR. BARBARA STURM’S STURM AFFLIATES program.
SCOPE OF WORK a) The STURM AFFILIATES Applicant must sign up for the DR. BARBARA STURM’S STURM AFFLIATES program and participate in required tasks to be able to receive rewards, product vouchers, and have the chance to be featured on DR. BARBARA STURM’S digital channels.
b) All social media posts must include i. tags to all relevant DR. BARBARA STURM channels (@DRBARBARASTURM) ii. Brand hashtags #DRBARBARASTURM HASHTAG #STURMAFFILIATES HASHTAG
COMMISSION 2. In exchange for The STURM AFFILIATES Applicant signing the contract, BARBARA STURM MOLECULAR COSMETICS GmbH will provide the STURM AFFILIATES Applicant with 10% commission of the revenue generated from the purchase made via The STURM AFFILIATES Applicant’s affiliate link. If the product isn’t returned after 30 days the purchase has been made, the STURM AFFILIATES Applicant will receive the specified commission after 45 days via PayPal.
USAGE 3. The Company may use the content produced by The STURM AFFILIATES Applicant under the Scope of Work for its social media, email and website marketing worldwide. The STURM AFFILIATES Applicant has absolute rights as to the creative contents. The Company will have the right to use all materials produced as part of the Scope of Work during the partnership and the STURM AFFILIATES Applicant agrees that the content on the Company’s social media channels posted in the usage period will not be deleted and will fall organically towards the bottom of the feed.
Exclusivity Period a. This agreement is a non-exclusive agreement and shall not prevent the STURM AFFILIATES Applicant and their social media platforms from performing any services for any other party.
Limitation of Liability a. Nothing in this agreement shall limit or exclude the parties’ liability for: i. death or personal injury caused by its negligence; or ii. fraud or fraudulent misrepresentation. b. Liability under this agreement for both parties is limited to the amount payable by the Company for the Scope of Work.
Relationship of Parties a. Nothing in this Agreement shall create an employment relationship between The STURM AFFILIATES Applicant its agents or employees and the Company.
Intellectual Property and Confidentiality a. The Parties agree to keep confidential the terms of this agreement and any confidential information acquired by either party during the provision of the services as set out in the Scope of Work. b. The STURM AFFILIATES Applicant agrees that all intellectual property rights, including products, marketing campaigns, copy, photographs or other materials used or created in connection with the services provided under the Scope of Work remain the property of the Company. The STURM AFFILIATES Applicant is permitted to use the Company’s intellectual property for the sole purposes of providing the services set out in the Scope of Work and only as authorised by the Company. Upon expiry or termination of this agreement, The STURM AFFILIATES Applicant agrees to return or destroy any property or confidential material belonging to the Company.
Force Majeure a. If, by reason of any event of force majeure, either party shall be delayed in or prevented from reperforming any of the provisions of this Agreement (otherwise than as to payment of money), then the obligations of the party so impeded shall be suspended during such period of delay or prevention. In such an event the parties will use their best endeavours to minimise and reduce any period of suspension, and no loss or damage shall be claimed by either party from the other by reason thereof. The expression "force majeure" shall mean and include fire, flood, lightning, casualty, lockout, strike, labour condition, industrial action of any kind, unavoidable accident, act of terrorism, national calamity or riot, Act of God, the act of any legally constituted authority, any cause or event arising out of or attributable to war or civil commotion, loss of financial or economic stability, malicious mischief or theft, or any other cause or event (whether of a similar or dissimilar nature) outside the control of the parties.
Termination a. Either party may terminate this Agreement immediately by written notice if the other party (i) commits an irremediable material breach of this Agreement; or (ii) commits a material breach of this Agreement which is capable of remedy and fails to remedy such breach within thirty (30) days after receiving written request to do so specifying details of the breach complained of; or (iii) becomes insolvent or if any insolvency proceedings are commenced against it.
Governing Law a. Approval and acknowledgement of terms will be agreed to, accepted & considered binding under the governed & construed accordance with the law of the State of Northrhine Westphalia, Germany, and the parties submit to the exclusive jurisdiction of Duesseldorf courts
Agreed and Confirmed by the Parties of their duly appointed representatives.