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Terms & Conditions for Dietary Consultations​

Disclaimer- The information provided can’t be considered as a medical advice or for medical purposes. The information so provided can’t be taken as treatment , cure or prevention for any disease.

1. Our liability is limited to the fees that is paid

2. In case of any arbitration the jurisdiction of Bangalore Courts will be applicable

3. Dispute resolution will be done by mutual understanding and arbitration

Terms & Conditions for Influencers​

Therefore, in consideration of the mutual promises and covenants contained herein and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, agree as follows:

  • Contract Parties:
    Company: Pro Nutrierr Lifescience Pvt Ltd
    Influencer: The undersigning individual who promises to promote the brand and it’s products for the purpose of generating brand awareness, sales and other marketing benefits for the company and the brand
    Brand: Nutrierr
  • ENGAGEMENT: The Company hereby engages the Influencer from the date of execution of this Agreement for the limited purpose of promoting the Brand/Product and the brand content, through the Influencer’s social media accounts, social networks and as the may company may advice time to time. The nature of the brand content to be promoted and the specific details and requirements shall be conveyed to the Influencer as per the Company’s policies. During the Term, Influencer agrees to be engaged for the purpose of promoting the brand content and to be bound by the guidelines of the Company.
  • TERM- This Agreement shall have an initial term of one year and shall be renewed at the discretion of the Company.
  • DELIVERABLES– The Influencer shall deliver the agreed number of posts on the agreed platforms on behalf of the Company. The Services shall conform to the specifications and instructions of Company as outlined in by the Company, abide by the rules of the relevant social media platforms, and shall be subject to Company’s acceptance and approval. The company may additionally notify the Influencer that additional revisions and/or amendments will be required. Further, the influencer will continue to promote the brand and the product on WhatsApp communities and other instant messaging apps, classrooms, relevant notice boards, family and friends.
  • COMPENSATION- In full consideration of Influencer’s performance, his / her obligations and the rights granted herein, Influencer shall be paid as per the marketing plan. The company reserves the right to change marketing plan from time to time. The Company shall pay as per their Company policies bonus/incentives, should the Influencer meet the agreed targets. The Influencer will otherwise perform the services at his/her own expense and use his/her own resources and equipment. Influencer acknowledges that the agreed upon compensation represents Influencer’s entire compensation with respect to this agreement and the Company shall have no other obligation for any other compensation to or expenses or costs incurred by the Influencer in connection with the performance of its obligations under this agreement.
  • PAYMENT TERMS– Payment shall be made monthly. The payment and compensation will be based on sales performance linked to the influencer. No Advance will be paid to the influencer. Payment for the month (1st to 30th) will be paid on or before 15th of the following month. The company reserves the right to adjust any reconciliations arising due to factors including but not limited to full or partial cancellation of orders, delay in payment receipt etc. from the compensation of the following month. Such adjustments will be notified to the influencer at the time of subsequent payment.
  • OWNERSHIP– The Influencer acknowledges and agrees that the Company, for the purpose of performing the Services under this Agreement, shall own, exclusively and in perpetuity, all rights of whatever kind and character, throughout the universe and in any and all languages, in and to the videos, photographs, text and/or all works of similar nature produced, developed, or created by Influencer for this Agreement, and any and all intellectual property rights thereto, including trademarks, trade secrets, trade dress, design, mask work, copyrights, and patent rights (collectively, the “Content”), including the right to sublicense the Content to the Company’s brand partners (the “Brand Affiliates”).
  • USAGE– The Company shall cause Influencer to grant to the Company and to Brand Affiliates a limited, non-exclusive, royalty free, right and license to feature Content generated by Influencer as part of the Campaign on the Company’s and Brand Affiliates owned and controlled social media platforms and within third party digital and broadcast platforms and print platforms including but are not limited to: ad networks, email marketing, paid search listings, television, radio, newspapers, magazines and brochures, Facebook, Instagram, Twitter, Tumblr, YouTube, Pinterest, Vine, Google+ and website blogs during the term of this Agreement and for a period of twelve (12) months thereafter.
  • LICENSE- The Company grants to Influencer a temporary license to use the Brand Affiliates name and promotional materials as may be necessary to achieve the promotional purpose but only in compliance with the Guidelines of the Company. The Influencer grants to the Company a perpetual license to use Influencer’s name and likeness in all media including Company website and the brand website and on social media sites and in all formats of print and digital media advertising.
  • TERMINATION- Either party may terminate this Agreement upon 45 days prior written notice if the other party breaches this Agreement and does not cure such breach within such time period. In addition to any right or remedy that may be available to Company under this agreement or applicable law, In addition, in the event that Influencer has breached this agreement, Company may (i) immediately suspend, limit or terminate Influencer’s access to any Company account and/ or (ii) instruct Influencer to cease all promotional activities or make clarifying statements, and Influencer shall immediately comply. Either party may terminate this agreement at any time without cause upon Forty five Days prior written notice to the other party.
  • COMPETITIVE ENGAGEMENTS– The Influencer shall agree to not work for a competitor of the Company till the termination of this Agreement and for a three-month term afterward, Influencer will not undertake influencer marketing for a competitor in the same vertical as Company. To avoid confusion, a competitor is any third party that develops, manufactures, promotes, sells, licenses, distributes, or provides products or services that are substantially similar to the Client’s products or services. A competitor is also a third party that plans to do any of those things. Further, during the tenure and validity of this contract and even after termination of this contract, the influencer will not bad mouth the company, brand or its products at any time in perpetuity. The influencer shall not do any activity detrimental to the interest of the company.
  •  CONFIDENTIALITY AND EXCLUSIVITY– During the course of the Influencer’s performance of services for the Company, the Influencer will receive, have access to and create documents, records and information of a confidential and proprietary nature to Company and customers of the Company. The Influencer acknowledges and agrees that such information is an asset of the Company or its clients, is not generally known to the trade, is of a confidential nature and, to preserve the goodwill of the Company and its clients must be kept strictly confidential and used only in the performance of the Influencer’s duties under this Agreement. The Influencer agrees that he/she will not use, disclose, communicate, copy or permit the use or disclosure of any such information to any third party in any manner whatsoever except to the existing employees of the Company or as otherwise directed by the Company in the course of the Influencer’s performance of services under this Agreement. Upon termination of this Agreement or upon the request of the Company, the Influencer shall return to the Company all of the confidential information, and all copies or reproductions thereof, which are in Influencer’s possession or control.
  • INDEPENDENT CONTRACTOR- Influencer is retained as an independent contractor of the Company. The Influencer acknowledges and agrees that (i) the Influencer is solely responsible for the manner and form by which the Influencer performs under this Agreement, and (ii) Influencer is a self-employed individual, who performs services similar to the services that the Company desires to avail, for various entities and individuals other than Company.
  • REPRESENTATIONS AND WARRANTIES- Both parties represent and warrant to each other that each is free to enter into this Agreement and that this engagement does not violate the terms of any agreement executed with any third party.
  • SUPERSEDES OTHER AGREEMENTS
    This Agreement supersedes and is in lieu of any and all other arrangements between the Parties.
  • DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION

    This agreement shall be governed by the laws of India. Any dispute arising between the Parties in respect of this Agreement shall be subject to the exclusive jurisdiction of courts in Bangalore.

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