Influencer Agreement
and
FAYKE Cosmetics UG (haftungsbeschränkt)
Mönckebergallee 29
30453 Hannover
(hereinafter regerred to as „FAYKE“ )
PRELIMINARY INFO:
The partner undertakes to publish the following postings in accordance with the briefing on the websites, on social media or on YouTube:The contractually agreed posting may not be deleted for a period of 12 months after publication. The story must not be deleted or changed before the 24 hours have expired. Only in the event of technical errors or false statements. Agreed YouTube videos must remain on the channel indefinitely.
§3 Releases
The partner agrees the posts with regard to content, date and place of publication with FAYKE for 1 week, at the latest 48 hours before publication, and implements change requests. The publication requires prior approval by FAYKE. FAYKE undertakes to release the postings for the partner promptly, but no later than one day before publication. If FAYKE does not reply up to 6 hours before the post, the postings are deemed approved and will be published by the partner.The partner expressly declares that FAYKE is entitled to use the action and content including the name and portrait of the partner on the company's own website.In addition, the partner expressly declares that FAYKE is entitled to use the action and content including the name and portrait of the partner in social media advertisements (PAID ADS) and for search engine marketing (SEA) for an indefinite period.
§4 Media Labeling Requirements
The partner complies with the legal requirements for the separation of information and advertising in the media and marks the posts and links to customer websites in accordance with the current legal requirements as advertising, advertisements or the like. The partner bears the obligation to bear the costs in the event of a warning, for example due to incorrect or missing labeling.
§5 rights of use / buyouts
The partner transfers the rights of use for the resulting image and video material to FAYKE for use on websites and social media platforms such as Instagram, TikTok, Snapchat, YouTube, Facebook, Pinterest, etc. for a period of 12 months in the area of use D-A-CH. The partner allows the use of the full name, artist or profile name in connection with the resulting materials.For purposes such as publication, distribution, reproduction, public access, newsletters and archiving in connection with reposts and the integration on the social media channels and on the FAYKE website, as well as for the purposes of FAYKE's own promotion. FAYKE is entitled to transfer the rights to third parties who support FAYKE in this connection in marketing / publication as a service provider. After the 12 months have elapsed, the content on the FAYKE channels, including social media channels, YouTube and the FAYKE landing page, may remain active and does not have to be deleted. If the partner intends to act against third parties who violate an intellectual property right (including copyright) from the field of activity of the third party, this requires the prior written consent of FAYKE. Action against infringers without FAYKE's consent is prohibited. If the partner takes action against an infringement of rights as a result of the service description without the consent of FAYKE, the partner must compensate FAYKE for any resulting damage (including damage to reputation).
§ 6 FAYKE Services
FAYKE provides the partner with a briefing for the publication of the postings.FAYKE will provide the partner with the products required to create the post free of charge.
§7 Guarantees And Liability
The partner guarantees that he delivers the content free of third party rights and in particular does not violate any personal rights. He further guarantees that the content does not violate the rules of copyright, competition, data protection, telemedia or trademark law and releases FAYKE from all third party claims upon first request.
§8 Competition Clause
The partner undertakes to advertise exclusively for the specific products of FAYKE for the duration of the agreement / the service period and 4 weeks after the cooperation with FAYKE and not for similar products from other providers or brands.
The competition clause applies especially to magnetic eyelashes & magnetic eyeliner as well as for products that replace regular eyelash glue.
The partner will not use the name FAYKE or data related to FAYKE, which he has received through his activity, for the duration of this agreement / the service period and the following two years. The partner will immediately release all documents and information that he has received from FAYKE in connection with the execution of the contract to FAYKE.The partner waives any right to refuse performance and / or retention and at the same time assures the completeness of the return. For each case of infringement, the partner must pay FAYKE a contractual penalty to be determined by FAYKE at its reasonable discretion and to be checked by the competent jurisdiction in the event of a dispute.
§9 Confidentiality
The partner undertakes not to disclose the content of this contract and to keep all information, which FAYKE has expressly designated as confidential, or which is clearly recognizable as a business or trade secret of FAYKE according to other circumstances, indefinitely.
§10 Non-Performance or Poor Performance
The partner ensures that all services are provided punctually, carefully and professionally and that the chosen representation of the customer brand is as positive as possible.Any negative communication (resentment, problems, critical questions) takes place exclusively between the partner and FAYKE. If the services mentioned are not fulfilled due to technical or organizational problems for which the partner is responsible, he has the opportunity to improve or repeat the services in the service period. No remuneration will be paid if the partner does not perform. If a repair or repetition is unreasonable for FAYKE, the partner FAYKE must offer an adequate replacement service free of charge.
§11 Remuneration
In return for the activity described and the associated rights transferred to FAYKE, the partner receives remuneration, if applicable, plus the legally applicable value added tax.The partner sends FAYKE an e-mail after the invoice has been completed. The company transfers the remuneration after receipt of the invoice to the bank account specified in the invoice within 14 working days, insofar as the content has been uploaded via the link https://fayke.wetransfer.com.In addition, the ancillary costs will be reimbursed, which have arisen upon proof of the contract partner in connection with the contract. However, any incidental costs must be discussed and agreed in advance.
§12 Additional Information
For FAYKE, notifications (emails) to the partner's email address are sufficient to ensure that the written form is kept. Changes to the partner's e-mail address must be reported to FAYKE in writing immediately.
The last email address given in writing is valid and notifications to this email address are sent when you send it. This agreement does not constitute a partnership, an employment relationship or any other permanent obligation and / or joint venture between FAYKE and partner that goes beyond the contractual purpose described in §1. Partner is not permitted to assign, encumber or otherwise transfer rights and obligations arising from this contract to third parties.Should a provision of this contract and / or its amendments or additions be or become ineffective, this does not affect the validity of the remaining provisions in the contract. If a provision is ineffective, the parties are obliged to negotiate an effective and reasonable replacement regulation that comes as close as possible to the economic purpose pursued by the parties with the ineffective provision. The contract is subject to the law of the Federal Republic of Germany. The place of jurisdiction for all disputes arising from the agreement is Hanover, unless otherwise stipulated by law.