We have recently updated our Terms & Conditions and require your agreement to proceed with your ongoing role as a HardTuned Brand Ambassador / Affiliate.
Services: Brand Affiliate will perform certain services in connection with HardTuned and is currently contemplated to engage with the HardTuned’s social channels, including but not limited to: Twitter, Facebook, Instagram, YouTube, Google+, Pinterest etc.
Compensation: In consideration for the full performance of Brand Affiliate’s services hereunder and the rights and releases granted herein, HardTuned shall compensate Brand Affiliate and Brand Affiliate agrees to accept the compensation set forth on Brand Affiliate Benefits.
Ownership Rights: Brand Affiliate acknowledges that the results and proceeds of the services provided hereunder, including without limitation all ideas, photographs, images, themes, materials, and designs developed, created and/or provided by Brand Affiliate (the “Work”) is owned by HardTuned, for all purposes. To the extent that any Work is deemed not to be a work made for hire, and without limiting the foregoing, Brand Affiliate hereby assigns and transfers all right, title, ownership and interest therein, presently known or hereafter ascertained, including, but not limited to, all copyright rights therein, the right to secure the copyright (and all renewals, reissues and extensions thereof) throughout the world, without any restrictions as to use, to HardTuned. For the sake of clarity, and without in any way limiting the foregoing, HardTuned may reproduce, modify, adapt, create derivative works from, distribute, display, license, assign, transfer and/or otherwise use the Work, and all elements and derivatives thereof, in whole or in part, in all media now known or hereafter developed (including without limitation in social media, including without limitation Pinterest), worldwide, in perpetuity, royalty-free and without restriction of any kind. Brand Affiliate acknowledges the ownership and validity of HardTuned’s copyrights, brands, trademarks, trade dress and patent rights, whether or not created by or contributed to by Brand Affiliate.
Use of Likeness: Brand Affiliate further grants to HardTuned the irrevocable right and permission to film, videotape, photograph and/or otherwise record Brand Affiliate and to reproduce, publish, distribute, display, broadcast, exhibit, and/or in any other way use Brand Affiliate’s image, likeness, signature, voice, photographs, name (including nicknames), actual and/or paraphrased statements, biographical information and/or any other information or attribute identifying and/or otherwise associated with Brand Affiliate (collectively, “Likeness”), in whole or in part, distorted, altered, modified and/or adapted in character and/or in form, alone and/or accompanied by other material, in perpetuity and royalty-free, for any purpose whatsoever, including without limitation for the purpose of advertising, publicity, promotion, and/or other marketing for HardTuned and/or the Work, in all media now known or hereafter developed (including without limitation in social media).
No Right of Approval: Brand Affiliate hereby irrevocably waives any and all right to inspect and/or approve HardTuned’s use of the Work and/or Brand Affiliate’s Likeness, including without limitation any text, image and/or other creative elements that may be used in connection with the Work and/or Brand Affiliate’s Likeness.
Confidentiality: Brand Affiliate will regard and retain as confidential and will not divulge to any third party, or use for any unauthorized purposes (including Brand Affiliate’s own benefit) either during or after Brand Affiliate’s engagement with HardTuned, any proprietary, or confidential information or know-how that Brand Affiliate has acquired during Brand Affiliate’s service or in consequence of Brand Affiliate’s service or contacts with HardTuned without the written consent of an authorized representative of HardTuned. Brand Affiliate agrees to return to HardTuned all such documentation and any other confidential information upon termination of Brand Affiliate’s engagement with HardTuned.
Release/Indemnity: Brand Affiliate hereby irrevocably and unconditionally releases, discharges and agrees to indemnify and hold harmless HardTuned, its parents, subsidiaries, registered trade names, and affiliates, and the irrespective officers, directors, employees, agents, assignees, designees and licensees (together, the “HardTuned Parties”), from and against all actions, claims, demands, causes of action, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys’ fees) of any kind whatsoever, whether known or unknown, arising at any time out of and/or relating to the use of the Work and/or Brand Affiliate’s Likeness and/or any breach or alleged breach of any of the terms of this Agreement.
Term: This Agreement will be effective as of the completion of the date of the Affiliate form and will remain in effect for at least three months thereafter unless terminated in accordance with Section 9 below, and will automatically renew for successive three-month periods unless written notice of termination is given by either party to the other party prior to the end of the then-applicable term.
Termination: HardTuned shall have the right, at its sole option, to terminate this Agreement immediately in the event that: (i) Brand Affiliate fails, neglects or refuses to fully perform any of the obligations to be performed hereunder; (ii) Brand Affiliate materially breaches the terms of this Agreement or any of the warranties or representations made herein; (iii) Brand Affiliate commits any act or does anything that is or shall be an offense involving moral turpitude under federal, state or local laws, or which brings Brand Affiliate, or any HardTuned Party into public disrepute, contempt, scandal, or ridicule, or which insults or offends the community or any substantial organized group thereof, or which might tend to injure the success of any HardTuned Party. HardTuned shall have the right to terminate the Brand Affiliate if obligations aren’t met and subpar effort has been performed by the Affiliate. A probationary period of 90 days from the initial signing of the contract is in agreed upon and HardTuned will have sole discretion whether to terminate or complete the Affiliate Agreement past this date.
Independent Contractor: Each party is an independent contractor in relation to the other party with respect to all matters arising under this Agreement and nothing herein shall be deemed to establish a partnership, joint venture, association or employment relationship between the parties. Brand Affiliate shall have no express or implied right or authority to assume or create any obligations on behalf of or in the name of HardTuned or to bind HardTuned to any contract, agreement or undertaking with any third party.
Assignment: Any or all of HardTuned’s rights and obligations under this Agreement may be assigned by HardTuned without Brand Affiliate’s consent, and upon any such assignment, HardTuned shall have no further obligation to Brand Affiliate, and shall no longer be liable to Brand Affiliate, in respect to any obligation so assigned. Brand Affiliate’s rights and obligations under this Agreement may not be assigned by Brand Affiliate without HardTuned’s prior written approval.
Choice of Law: This Agreement shall be governed by the laws of Australia, without regard to its conflict of laws provisions, and Brand Affiliate hereby irrevocably and unconditionally submits to the exclusive jurisdiction of the state and federal courts within Australia in connection with any action, litigation or proceeding relating to the subject matter of this Agreement.
Competition: This agreement will bind the Brand Affiliate to a loyalty agreement with the HardTuned. The loyalty agreement states that there shall be no collaboration with other brands associated with ‘Apparel’ or ‘Streetwear’ or brands with a similar nature. Failure to maintain this agreement will see termination of the Brand Affiliate Agreement.
Milestones: HardTuned has allocated certain milestones to be attainable dependant on an Affiliates’ performance and overall stature. Certain sales thresholds will determine the reward an Affiliate will receive. Milestone rewards are not to be publicly traded or negotiated and will be given by HardTuned to the Affiliate as a reward for their efforts.
Miscellaneous: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements between the parties with respect to the subject matter hereof and shall bind each party and its successors and permitted assigns. No amendment or modification of this Agreement shall be valid or binding on the parties unless made in writing and executed on behalf of each party by its duly authorized representative. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.
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