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Please note: You must be at least 18 years of age to assume the responsibilities of this Agreement.
- As a member of MAGniac Insiders you may receive invitations to special events, products to sample and promotional messages. We may also ask for your input on issues that may be featured editorially. You also agree that we may contact you about proposed opportunities for advertorials or other advertising relationships. For example, we may send you packages from time to time containing samples of products we would like you to try. If you like a product, we’ll ask you to give us direct feedback or to post feedback on our social networks about it. We may also ask you to visit certain stores in your neighborhood, make a video about your positive experience and post the video on a social network. We may have events in your area which we’ll invite you to attend and ask you to post your positive feedback on your social networks about it if you liked it. You agree that we may use your photos and/or quotes, including in promotional listings, marketing and sales materials, and/or advertorials.
- As a member of MAGniac Insiders, you agree to provide feedback on samples received in a timely manner. If you fail to provide feedback for any reason, your membership in MAGniac Insiders may be immediately cancelled and the samples must be returned at your expense.
- As a member of MAGniac Insiders, you agree that you will post feedback on a fairly regular basis to your social media accounts (“Posts”). You will describe yourself as a member of MAGniac Insiders and may use such pre-approved logos as we may elect to furnish to you. In addition, all posts tied to MAGniac Insiders involvement must include the hashtag #AlivioMAGInsiders, in addition to the FTC-required language described in Section 4.
- You agree to use your best efforts in performing the tasks outlined herein and to conduct yourself in a demeanor which will not reflect adversely on you, Alivio Products or our customers. You agree to refrain from making references to drinking, drugs or sex using vulgar language, posting offensive language, videos or photographs in your posts or on any of your profiles. Any violation of this may result in immediate suspension of your participation in MAGniac Insiders.
- Without limiting the foregoing, each Post and any other public comment will clearly disclose when free product or other consideration has been given to you. Please be aware that the Federal Trade Commission requires that persons engaged to provide promotional services must disclose the fact that they have been compensated or received consideration for their endeavors. You must familiarize yourself with those guidelines , available at https://www.ftc.gov/policy/federal-register-notices/guides-concerning-use-endorsements-testimonials-advertising-16-cfr Accordingly, you will identify your Posts as promotional in nature through use of “#Sponsored” or similar designation as may become industry-standard. Your Posts must reflect your honest beliefs; however, you will refrain from making any Posts or comments that are negative in nature or that could cause damage or embarrassment to Alivio Products, any customer or retail partner. If have an unfavorable opinion of any products about which you may be asked to opine, you will refrain from posting.
- Your obligations as described under this agreement, including the Posts, will be performed on a gratis basis and you acknowledge that you are entering this agreement for good and valuable consideration in the form of the goodwill anticipated to accrue, the receipt of which is hereby acknowledged.
- You may be given deadlines for your Posts. If no specific deadline is given, you should endeavor to Post as quickly as possible after you try a product or attend an event as outlined above.
- This Agreement will commence as of the date it is executed and continue for one year thereafter (the “Term”). Alivio Products, Inc. may terminate this Agreement (and your services hereunder) for any reason, at any time. Following expiration or termination of this Agreement, you shall have no further right to hold yourself out as a member of MAGniac Insiders.
- All of your feedback and posts in connection with MAGniac Insiders, (“Work”) shall be deemed “work made for hire” under copyright law as a specially commissioned contribution to a collective work and shall be the sole and exclusive property of Alivio Products, Inc.
- You represent and warrant that the Work will be your original expression and in no way violates any copyright or proprietary or contract or personal right of others and that it contains nothing which invades the privacy of another or which is libelous, unlawful, or obscene. You agree to indemnify and hold harmless Alivio Products, Inc., employees, directors and licensees from all liability, loss, and expense (including reasonable attorneys’ fees) arising out of any claim or demand alleging facts which, if true, would constitute a breach of these warranties or representations and you further agree to assist and cooperate with Alivio Products, Inc. in its defense of any claims pertaining to the Work. Alivio Products, Inc. shall have no liability for any content in your Posts, and you will similarly indemnify and hold Alivio Products, Inc. harmless from any claim in respect of your posts.
- Nothing herein shall act or be deemed to create a joint venture or partnership between you and Alivio Products, Inc. and in the performance of your obligations here-under you shall act solely as a volunteer for Alivio Products, Inc..
- This Agreement shall be construed and governed by New Jersey law applicable to agreements wholly entered into and performed therein.
- The parties acknowledge that this Agreement expresses their entire understanding and that there have been no warranties, representations or covenants made by either party except as are expressly set forth herein.
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