Influencers + Brand Ambassador Term Sheet

 

NON-BINDING TERM SHEET

 

This confidential non-binding term sheet sets forth the basic economic terms of a proposed agreement, whereby Bluewater, LLC d/b/a Wild Bill’s Olde Fashioned Soda Pop Co. (“Wild Bill”) intends to engage _______ (“Influencer”) as an independent contractor, to provide certain promotional, marketing, advertising, and influencer services.

 

PLATFORMS

Influencer shall promote, market, and advertise Wild Bill and Wild Bill’s products to its audience(s) on all Influencer’s social media platforms, including but not limited to Twitter, Instagram, Snapchat, Facebook etc. Upon Wild Bill’s request, Influencer shall stream to Wild Bill’s Twitch channel.

 

FREQUENCY

 

                         Influencer shall:

·       Complete at least one posting of original content each month on Influencer’s Instagram, featuring Influencer with Wild Bill’s products (e.g., Influencer with Wild Bill’s beverage in Wild Bill’s branded mug).

·       Complete at least one Tweet (original content) per week on Influencer’s Twitter featuring Influencer with Wild Bill’s products, and must respond to/engage with fans for each Tweet.

·       ReTweet all giveaways, new product launches and promotional offers from Wild Bill’s Twitter as directed by Wild Bill. Share all giveaways, new product launches and promotional offers from Wild Bill on Facebook and Instagram stories when applicable, as directed by Wild Bill.

 

FEEDBACK

Influencer shall provide monthly analytics to Wild Bill outlining metrics on any posts involving Wild Bill or Wild Bill products. Such metrics shall include, but are not limited to: impressions, views, likes, screen print, etc. Metrics for original content/posts is necessary. A screenshot of Influencer’s insights portal on Instagram and/or Tweet (per post) metrics is acceptable.

 

REQUIRED CONTENT

 

Influencer shall:

·       Include on Social Media (Twitter, Instagram, Facebook) Bio “Powered by @WildBillsSoda.”

·       Post an unboxing video of Influencer’s Wild Bill care package upon receipt each month or whenever new swag/product is delivered

·       At Wild Bill’s request, promote Wild Bill and its products during contests and giveaways, wherein Wild Bill is conducting, partnering, or affiliating with, such contest or giveaway.

·       Prominently display Wild Bill’s logo in all of Influencer’s social/digital media (e.g., YouTube banner, Twitter banner, live stream banner, website, etc.).[1]

·       Prominently display Wild Bill’s mugs and cans during all Influencer’s live streams, and Influencer must drink out of Wild Bill’s mug or can when consuming any liquids.

·       Actively and positively engage with fans whenever a fan asks about Wild Bill and its products.

 

TERM

One year term with Wild Bill’s option to renew upon advanced notice.

 

PAYMENT TERMS

10% of all commissioned sales revenue for purchases where customers use the promo code that Wild Bill provides Influencer.  Minimum payout threshold equals $100 in commission, the equivalent in $1000 in referral/affiliate driven sales. Payout to be made VIA PayPal or Venmo.

 

QUALITY CONTROL

 

 

Wild Bill will review content frequency, quality, and promotional results with Influencer monthly. At any time, Wild Bill may instruct Influencer to remove or revise content. Influencer must comply.

 

INTELLECTUAL PROPERTY

 

All content associated with Wild Bill shall become Wild Bill’s property (e.g. all posts, videos, etc.) and Wild Bill can use such content beyond the term of this contract; Influencer shall not assert any claim against Wild Bill for its intellectual property.

 

NON-COMPETE

For the duration of the Agreement plus one month after expiration, Influencer shall not conduct any marketing or cross-promotion involving a beverage or beverage company.

 

CROSS PROMOTION

Advance written (including email) permission required for Influencer to cross-promote Wild Bill’s products with other products, including complimentary products (e.g., snacks).

 

TERMINATION PROVISION

Wild Bill shall have ninety days to cure a breach of the agreement prior to termination thereof. Wild Bill reserves the right to terminate the agreement immediately (without cause) upon written notice to Influencer.

 

All of the above is subject to negotiation of definitive agreements, and other customary conditions.

 

THIS CONFIDENTIAL TERM SHEET IS NOT INTENDED TO CREATE OR CONSTITUTE ANY LEGALLY BINDING OFFER, ACCEPTANCE, AGREEMENT, LIABILITY AND/OR OBLIGATION OF ANY PARTY MENTIONED HEREIN AND NO SUCH PARTY SHALL HAVE ANY LIABILITY OR OBLIGATION TO ANY OTHER SUCH PARTY UNTIL A DEFINITIVE AGREEMENT IS EXECUTED AND DELIVERED BY AND AMONG SUCH PARTIES.

 

[1] Wild Bill’s logo must have prominent placement over all other sponsors, and be a close second to Influencer’s personal logo in terms of size and placement.

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