Influencer Marketing Program

Influencer Marketing Agreement - Extended Terms

1. Introduction This Influencer Marketing Agreement ("Agreement") is effective as of the date signed on the associated Influencer Marketing Agreement – Condensed Terms (the "Effective Date"), by and between TAKENYA ("Company") and the individual or entity identified and signing on the Influencer Marketing Agreement – Condensed Terms ("Influencer"). By signing the Condensed Agreement and participating in the Influencer Marketing Program, the Influencer agrees to comply with all terms and conditions outlined in both the Condensed Agreement and these Extended Terms, with a copy of both agreements provided by TAKENYA.

The Extended Terms serve as a detailed supplement to the Condensed Agreement and govern all Influencer activities and interactions with the Company. These terms may be updated from time to time, and continued participation in the Influencer Marketing Program constitutes acknowledgment and acceptance of the most current terms. It is the Influencer’s responsibility to periodically review these terms to remain informed of any updates.

A downloadable PDF version of this agreement will be provided upon approval of your Influencer Marketing Program account. Please regularly refer to this page (https://takenyausa.com/pages/influencer-marketer-terms) for any updates or revisions.

2. Purpose TAKENYA collaborates with Influencers to drive brand awareness, product sales conversions, audience engagement, and generate promotional content aligning with TAKENYA’s brand values and mission.

3. Campaign Overview Influencer-specific details (Compensation Type, Scheduled Date, Scheduled Time, Post Duration, Promo Platforms, Post Format Type, Creative Delivery, and Effective Date) are outlined separately within individual agreements (Condensed Terms) and are not reprinted here.

4. Influencer Deliverables

1. Create and publish agreed-upon promotional content featuring TAKENYA products, brand mentions, and applicable access links.
2. Submit engagement metrics and a downloadable copy of the published content within 10 days after the campaign’s conclusion.
3. Tag @takenyausa and/or include appropriate platform- or page-specific links provided, ensuring TAKENYA is accessible and verifiable to your audience. All posts must also include approved hashtags provided by TAKENYA. Tagging and correct linking are essential for brand credibility, campaign verification, and content repurposing. If provided a Unique URL for tracking campaign results, all three elements (tags, hashtags, and unique tracking link) are required to mark the campaign as complete.
4. Comply with TAKENYA’s brand guidelines, mission, and ethical standards.

5. Compensation Options Influencers may choose from these compensation structures:

1. Flat Rate Payment: A negotiated, one-time payment upon verified posting.
2. Free Product Bundle: 2-part posting package (introductory and product demonstration), receiving 2 TAKENYA products.
3. Affiliate Partner (Commission-Based): 20% commission on sales via unique tracking link, plus 10% donated to charity. Unlimited earnings potential.

6. Influencer Responsibilities & Conduct Influencers must maintain professional and ethical behavior, refraining from harmful or controversial actions that could negatively impact TAKENYA’s brand.

7. Prohibited Practices Unethical marketing practices, including spamming, fraudulent engagement (buying followers or using bots), or unauthorized advertising methods, are strictly prohibited.

8. Exclusivity & Conflict Management TAKENYA recognizes and respects the personal successes of Influencers. A Brief Exclusivity Period (one week before and after scheduled posting) is requested, during which Influencers agree not to promote directly competitive products without TAKENYA’s approval.

Influencers must proactively disclose overlapping promotional opportunities to collaboratively assess and manage potential conflicts. Violations may result in termination of the Agreement and liability for damages. Open communication facilitates amicable solutions.

9. Cancellation & Termination Either party may cancel by providing written notice at least 7–14 days before the scheduled posting. Cancellation within 7 days or less by the Influencer may void compensation, require asset returns or deletions, revoke digital access, and mandate return of products at the Influencer’s expense.

10. Representations, Warranties & Indemnification Influencers warrant original, non-infringing content creation and indemnify TAKENYA against legal claims. TAKENYA reserves the right to seek damages for reputational or financial harm resulting from Influencer actions.

11. Intellectual Property Protection TAKENYA-provided branding and intellectual property remain exclusive TAKENYA property. Unauthorized use or reproduction is strictly prohibited.

12. Content Rights & Usage Mutual ownership exists for promotional content. Influencers may not repurpose or resell campaign-specific content without explicit approval. Unauthorized use may result in legal recourse by TAKENYA.

13. FTC Compliance & Disclosures Compliance with FTC guidelines and clear disclosures for paid partnerships are mandatory. Misleading claims or false statements are strictly prohibited.

14. Confidentiality & Non-Disclosure Influencers must protect TAKENYA’s proprietary information. Unauthorized disclosures are grounds for termination and potential legal consequences.

15. Accuracy, Honesty & Deceptive Conduct False or misleading information provided by Influencers or representatives allows TAKENYA to terminate agreements and seek financial remedies.

16. Communication & Notice Requirements Communications (updates, changes, notifications) must be confirmed via written email.

17. Post Accuracy & Corrections Incorrect postings require correction within 7 days. Unresolved errors may lead to termination or future ineligibility. TAKENYA commits to supportive resolution.

18. Limitation of Liability TAKENYA holds no liability for indirect or consequential damages from campaigns or Influencer-generated content.

19. Post Removal Rights TAKENYA may request removal of underperforming or non-compliant content.

20. Payment Terms & Schedule Clear payment schedules and verification requirements detailed per individual agreement.

21. Dispute Resolution & Governing Law Disputes must undergo mediation first; unresolved disputes enter binding arbitration in Alaska. Governed by Alaska state and applicable U.S. federal laws.

22. Entire Agreement & Amendments This document, with Condensed Terms and applicable addenda, represents the complete agreement. Amendments require written consent.

23. Future Transition and Addendum Notice TAKENYA may transition to an Influencer Marketing Master Agreement with Campaign-Specific Addenda. Continued participation signifies consent to updated terms published at https://takenyausa.com/pages/influencer-marketer-terms.

IN WITNESS WHEREOF, the parties agree and acknowledge these Influencer Marketing Agreement – Extended Terms as effective upon signing the associated Influencer Marketing Agreement – Condensed Terms. By participating in TAKENYA’s Influencer Marketing Program, the Influencer confirms understanding, acknowledgment, and acceptance of both the Condensed and Extended Terms.