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TERMS AND CONDITIONS.
1. SERVICES. Subject to the terms and conditions of this Agreement, the Company hereby retains Contractor to post to his or her (hereinafter “his”) social media channels and mention @anywear.ai no less than once during each seven (7) period. All posts shall include language to the effect that followers can find outfits using @Anywear.ai.
2. COMPENSATION. In consideration of the Services to be provided by Contractor to the Company hereunder, the Company shall pay to Contractor the following:
2.1 Fifty percent (50%) of the commission earned by Company from purchases specifically generated from Influencer’s posts. The commission earned by Company shall be based on agreements Company has with Vendors and Affiliate Networks (“Partners”) made from time to time in its sole discretion.
2.2 Influencers shall be paid by Company based on timing of Company receiving payments from its Partners and subject to the terms of those agreements, including but not limited to, merchandise returns. This time period is expected to be between fourteen (14) and forty-five (45) days. Payments shall be made at such time as your balance due reaches fifty dollars ($50).
3. INDEPENDENT CONTRACTOR STATUS. The Contractor is and shall remain an independent contractor of the Company and nothing contained in this Agreement shall be deemed to create an employer/employee, principal/agent, partnership or joint venture relationship between the parties. The Company shall not provide the Contractor with any benefits that the Company may provide to its employees and shall not be required to withhold income taxes on, or to pay payroll taxes with respect to, the sums to be paid to the Contractor hereunder. The Contractor agrees that he shall be solely responsible for all excise, self-employment and other taxes relating to the receipt of payments hereunder. As an independent contractor, it is expressly agreed that the Contractor operates at his/her own expense and risk.
4. TERM AND TERMINATION. This Agreement shall remain in effect until terminated by either party. If terminated by the Contractor, Contractor shall be entitled to no further compensation. Upon termination by Company, Contractors shall be entitled to receive compensation accrued under the terms of this Agreement, but unpaid, as of the date of termination, except that in the event termination is for cause then no further compensation shall be due.
5. AGE. The Service is meant for those at least sixteen (16) years of age. Use of the Service by anyone under the age of eighteen (18) is a violation of the Terms and Conditions. You may not use the Service if you are a competitor of the Service, or if we have previously banned you from use of the Service or closed your account.
6. MISCELANOUS. This Agreement may be delivered by email, and email copies of executed signature pages shall be binding as originals.
7. NO WARRANTY.
7.1 ALL CONFIDENTIAL INFORMATION IS PROVIDED “AS IS.” COMPANY MAKES NO ANY WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE, REGARDING THE ACCURACY, COMPLETENESS, OR PERFORMANCE OF ANY SUCH INFORMATION.
7.2 NEITHER PARTY TO THIS AGREEMENT SHALL BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING)
BUT NOT LIMITED TO, LOST PROFITS OR LOST SAVINGS) ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY TO LOSSES AGAINST WHICH THE PARTIES HAVE AGREED TO INDEMNIFY EACH OTHER.