*Please print these Terms of Use for your records*
IAM AGENCY – INFLUENCER EXPERIENCE – ALL PACKAGES – TERMS OF USE
By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of a the service INFLUENCER EXPERIENCE (hereinafter “Client”) acknowledge the terms as outlined herein, and agree and willingly purchase entry into to be provided with services rendered by IAM AGENCY LLC (hereinafter “THE IAM AGENCY”), and you agree you are voluntarily entering into a legally binding Agreement, including the automatic renewal terms, with IAM AGENCY LLC, inclusive of the following terms and conditions mutually agreed upon:
For good and valuable consideration of seven hundred and ninety seven U.S. Dollars ($797) for the Small Package, or one thousand four hundred and ninety seven U.S. Dollars ($1497) for the Medium Package, or two thousand six hundred and ninety seven U.S. Dollars ($2697) for the Large Package. Which will be selected by Client during the time of purchase. Client has agreed to purchase a one-time Influencer Experience package of their choice from IAM AGENCY. In exchange, IAM AGENCY agrees to provide the services outlined in the Package Site Details below, and Package Site Addendum attached hereto.
- Membership Site Outline:
- Client agrees and understands that he/she is purchasing a one-time service to the Influencer Experience Package of their choice, offering a one-time influencer marketing campaign described on the packages listed below:
- Small Package:
- Match Brand with 3 quality influencers matched to your brand (25k – 60k)
- Co-ordinate the shipping of product (product placement investment not included)
- Manage the approval of content
- Have each influencer create and post photo or video content
- Make payment to each influencer (influencer fee included)
- Manage rights to Influencer generated content
- Medium Package:
- Match Brand with 5 quality influencers matched to your brand (25k – 60k)
- Co-ordinate the shipping of product (product placement investment not included)
- Manage the approval of content
- Have each influencer create and post photo or video content
- Make payment to each influencer (influencer fee included)
- Manage rights to Influencer generated content
- Large Package:
- Match brand with 10 quality influencers matched to your brand (25k – 60k)
- Co-ordinate the shipping of product (product placement investment and shipping fees not included)
- Manage the approval of content
- Have each influencer create and post photo or video content
- Make payment to each influencer (influencer fee included)
- Manage rights to Influencer generated content
- Small Package:
- Client acknowledges that he/she has read the service package Site Addendum and conducted any additional research necessary to feel he/she understands what is being provided in Influencer experience packages as well as what is not included.
- Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on IAM AGENCY’s website.
- The Influencer Experience Package is not to be considered a substitute for personalized marketing, and public relations services. If you as the Client believe you may be in need of personalized attention for your business, otherwise, please seek additional assistance outside of the Influencer Experience Packages. The Influencer Experience Package is designed as an additional tool for your marketing and public relations efforts.
- Client agrees and understands that he/she is purchasing a one-time service to the Influencer Experience Package of their choice, offering a one-time influencer marketing campaign described on the packages listed below:
- Confidentiality
- Client understands he or she is purchasing a one-time service to the Influencer Experience Package with IAM AGENCY. Following Client’s purchase of package, Client will have gained access to various trade secrets and personal intellectual property of IAM AGENCY, including but not limited to materials such as verbal, written, video advice, and industry contacts and/or other information that may become available in our packages during IAM AGENCY service to client. Client understands and acknowledges that this information is not to be openly shared with others who have not purchased a package to the Influencer Experience. Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through the Influencer Experience, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own business without express written permission of IAM AGENCY.
- Should Client breach this provision and disclose confidential or proprietary information belonging to IAM AGENCY or another client in the Influencer Experience, Client understands additional action may be taken by IAM AGENCY up to and including legal action.
- Testimonials
- IAM AGENCY may request that Client provide a testimonial to be published on IAM AGENCY’s website, or on various sales materials for IAM AGENCY or another Program, Package or Service created by IAM AGENCY. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between IAM AGENCY and Client if Client refuses testimonial.
- If Client accepts and provides IAM AGENCY with a testimonial, Client understands the material, along with a photo of Client, will likely be published on IAM AGENCY’s website or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release, confirming the same, and confirming IAM AGENCY’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting IAM AGENCY an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to IAM AGENCY as part of a Testimonial.
- Client gives IAM AGENCY an unlimited, irrevocable license to repost, share, publish, and otherwise use the text, name, and/or likeness of Client which client voluntarily posts to social media or sends in via email, including but not limited to IAM AGENCY Facebook group, Facebook Page, Instagram comments, Instagram DMs to IAM AGENCY, Alejandra Calvente, or Mariana Parnes, and Twitter comments. Client understands and agrees any such comments or messages sent or posted by Client may be captured and reposted by IAM AGENCY in any capacity it sees fit, including but not limited to sharing in email marketing, reposting to the public on social media, and otherwise sharing the comment with the public in an effort to publicize and market for the Influencer Experience.
- Payment and Payment Plans
- Client understands the cost of the Influencer Experience is a 1 time fee, in the amount of seven hundred and ninety seven U.S. Dollars ($797) for the Small Package, or one thousand four hundred and ninety seven U.S. Dollars ($1497) for the Medium Package, or two thousand six hundred and ninety seven U.S. Dollars ($2697) for the Large Package. Which will be selected by Client during the time of purchase.
- Client understands he/she is responsible for the full payment of the package purchased, and agrees to pay the sum requested electronically, via IAM AGENCY’s website or a designated third-party payment processor of IAM AGENCY’s choosing, in full. If Client has purchased the Influencer Experience during a promotional period and has been promised a discount that is less than the amount outlined above, Client understands that after such promotional period, the cost amount for a package repurchase will be deferred back to its original price (listed above).
- Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands Client’s access to the Influencer Experience Package may be paused if payment is not made within 1 day of the date it is due. If payment is not made on the date it is due, IAM AGENCY will continue to attempt to charge Client via the site software; if and when payment goes through, Client will get the full package service executed/completed as promised in this agreement and site addendum.
- If payment is not collected, IAM AGENCY will not execute nor deliver the services listed under the Influencer Experience package purchased by Client. Clients must bring his/her account completely current in order to be granted completion of the service.
- IAM AGENCY reserves the right to cancel a Client’s purchase to the Influencer Experience package should he/she fails to make additional payments in accordance with Payment Plans Terms as outlined below. Should this occur, Client understands she is not entitled to a refund of funds already issued to IAM AGENCY for the services provided through the Influencer Experience Package.
- Client understands the cost of the package is payable in full, or via payment plan options, which Client will select at the time of purchase:
- A one-time payment of seven hundred and ninety seven U.S. Dollars ($797) for the Small Package, or one thousand four hundred and ninety seven U.S. Dollars ($1497) for the Medium Package, or two thousand six hundred and ninety seven U.S. Dollars ($2697) for the Large Package. Which will be selected by Client during the time of purchase. Payable up front, in full;
- Three payments of:
- Small Package: two hundred and sixty six U.S. Dollars ($266) payable over three (3) months, totaling $797 if this payment plan option is selected;
- Medium Package: four hundred and ninety nine U.S dollars ($499) payable over three (3) months, totaling $1497 if this payment plan option is selected;
- Large Package: eight hundred and ninety nine U.S. Dollars ($899) payable over three (3) months, totaling $2697 if this payment plan option is selected;
- Client agrees to render payment via credit card on IAM AGENCY’s website and checkout page for the Influencer Experience Package. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via IAM AGENCY’s website or a designated third-party payment processor of IAM AGENCY’s choosing, in full.
- If Client elects to purchase Influencer Experience Package via the offered payment plan, Client agrees to abide by the rules and payments as explained on IAM AGENCY’s Influencer Experience sales page. Client understands and agrees that following the first payment, subsequent payments will be automatically deducted utilizing the same mode of payment that was used to make the initial payment. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) the reminder of the Program may be forfeited if payment is not made within six days of the date it is due, and (2) Client will owe a $200 late fee if he/she has not made the appropriate payment after the six day grace period. Client’s decision to cease use of IGA for any reason does not eliminate Client’s responsibility to complete the payment plan as agreed upon. Payment in full is required regardless of use, happiness with product, or results.
- IAM AGENCY reserves the right to cancel Client’s services should he/she fail to make additional payments in accordance with the payment plan as agreed upon. Should this occur, Client understands she is not entitled to a refund of funds already issues to IAM AGENCY in exchange for work completed thus far, and it is up to the sole discretion of IAM AGENCY whether Client is to have continued access to any services made available to Client through package up until payments were missed.
- If Client and IAM AGENCY have not agreed upon a payment plan, Client understands one is not available, and agrees to provide payment in full, upfront, in the manner(s) designated on IAM AGENCY Influencer Experience sales page.
- Refund Policy
- IAM AGENCY wants you to be satisfied with your purchase, but also wants you to give your best effort to apply the Influencer Experience Packages to your marketing strategies. If you are not completely satisfied with your purchase within the first (7) days, IAM AGENCY may, in its sole and exclusive discretion, offer 7 days to those clients who did NOT initiate any service actions included on the Influencer Experience Package.
- To discuss a refund, contact IAM AGENCY’s support team at hello@theiamagency.com within 7 days of the date in which the Influencer Experience package was purchased. You must include evidence with your refund request that no services were initiated and no resources were used form the IAM AGENCY Influencer Experience Package. If you request a refund and do not include a proof that NO services and/or no resources were used, you will not be granted a refund, and will not be granted an extension should the 7 day timeline run out while the incomplete refund request is pending.
- Due to the subjective nature of the Package provided by the IAM Agency, and IAM AGENCY’s inability to control Client’s availability, motivation, external forces, financial situation, or return in financial investment, IAM AGENCY is not able to offer refunds once Client has purchased the package, after these 7 days. Please conduct any and all necessary research to determine if the Influencer Experience Package is right for you prior to purchasing – after the 7 day period, all purchases are final, and Client is responsible for the full payment of all package fees, whether or not Client wishes to continue or cancel the service.
- Technology
- IAM AGENCY is not responsible for any specific technology you may need in order to adequately view and utilize our services. Client’s inability to access the package services due to a technology issue on Client’s end does not qualify Client for a refund, nor does it alleviate Client of his or her responsibility to make monthly payments, unless or until IAM AGENCY properly processes a refund in accordance with the return policy in paragraph six (6).
- IAM AGENCY is not responsible for any specific technology you may need in order to adequately view and utilize our services. Client’s inability to access the package services due to a technology issue on Client’s end does not qualify Client for a refund, nor does it alleviate Client of his or her responsibility to make monthly payments, unless or until IAM AGENCY properly processes a refund in accordance with the return policy in paragraph six (6).
- Voluntary Participation
- Client understands and agrees that he/she is voluntarily choosing to Purchase the Influencer Experience Package and is solely responsible for any outcomes or results. While IAM AGENCY believes in the services and that Influencer Experience Packages provide to its customers, Client acknowledges and agrees that IAM AGENCY is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her Business Decisions, including participation in the Influencer Experience Package and any results therein.
- Client also understands she will have the opportunity to provide IAM AGENCY with additional personal information, viewable to all IAM AGENCY members, including but not limited to location, industry, and other information. All information is completely voluntary and optional to complete, and Client does not gain or lose anything in the Influencer Experience Package for choosing to complete or not complete the additional information. Client understands this information will only be viewable to IAM Agency’s team members, and understands that should he/she elect to complete the information, he/she is doing so completely voluntarily, and that IAM AGENCY is not responsible for any negative results from such information dissemination.
- Disclaimer /No Guarantees
- While many of IAM AGENCY’s past and current clients have experienced wonderful benefits from the content and services in the Influencer Experience Packages, IAM AGENCY cannot guarantee results from any of the content created through the Influencer Experience Package, and cannot make any representations or guarantees regarding individual results. Client will hold IAM AGENCY harmless if he or she does not experience the desired results.
- Client understands that all services provided by IAM AGENCY in connection with The Influencer Experience Package being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase a package to Influencer Experience and work with IAM AGENCY on a purely voluntary basis and does not hold IAM AGENCY responsible should Client become dissatisfied with any portion of the Influencer Experience Package.
- Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the service, as long as IAM AGENCY delivers the services listed under the Influencer Experience Package as described in the Addendum below.
- Client also agrees to hold IAM AGENCY harmless should any physical, emotional, or financial injury occur as a direct or indirect result of Influencer Experience Package. The service provided by IAM Agency on its website and within Influencer Experience Package consists of information that has worked for IAM AGENCY and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands IAM AGENCY cannot guarantee results from this Influencer Experience Package, and has no expectation of a specific result that he or she holds IAM AGENCY responsible for.
- Client also understands he or she is purchasing the Influencer Experience Package and participating freely and voluntarily. The information and services contained within the Influencer Experience Package may not be suitable for all persons and all business levels, and Client understands he or she may need to have a good understanding of their marketing plan before purchasing the package.
- Not Medical or Professional Advice: The purpose and goal of the Influencer Experience Package is to provide Client with an extra marketing tool to support their social media marketing strategy. The Influencer Experience Package and services is not to be considered personalized business, financial advice, and nothing within the Influencer Experience Package is intended to provide or act as a substitute for Client’s Marketing and business strategies. IAM AGENCY encourages Client to consult the relevant professional needed if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to purchase the package will have done any additional research necessary and have concluded that the Influencer Experience Package offered is right for them.
- Intellectual Property
- Client agrees and understands that IAM AGENCY has created numerous original, creative work in connection with the Influencer Experience Package, and agrees that IAM AGENCY maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Influencer Experience Package, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, media contacts and any other original work created by IAM AGENCY. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business but understands that the original proprietary rights remain with IAM AGENCY. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from IAM AGENCY to Client, nor grant any license to use the information, other than that which is expressly provided throughout our services.
- Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by IAM AGENCY or obtained through working with IAM AGENCY, without IAMAGENCY’s express written consent. If such behavior is discovered or suspected, IAM AGENCY reserves the right to immediately end Client’s services without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
- Indemnification
- Client agrees at all times to defend, fully indemnify and hold IAM AGENCY and any affiliates, agents, team members or other party associated with IAM AGENCY harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of the Influencer Experience Package, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s purchase to the Influencer Experience Package. Should IAM AGENCY be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit IAM AGENCY’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by IAM AGENCY, free of charge.
- Client agrees at all times to defend, fully indemnify and hold IAM AGENCY and any affiliates, agents, team members or other party associated with IAM AGENCY harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of the Influencer Experience Package, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s purchase to the Influencer Experience Package. Should IAM AGENCY be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit IAM AGENCY’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by IAM AGENCY, free of charge.
- Dispute Resolution
- Should a dispute arise between IAM AGENCY and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold IAM AGENCY responsible for any specific results, or those results which have been achieved by other clients of IAM AGENCY.)
- If unable to reach a resolution informally, Client and IAM AGENCY agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Los Angeles, California within a reasonable amount of time. Client and IAM AGENCY agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
- Applicable Law
- This Agreement shall be governed by and under control of the laws of California regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of California are to be applicable here.
- This Agreement shall be governed by and under control of the laws of California regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of California are to be applicable here.
- Amendments
- This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and IAM AGENCY, or a party authorized to sign on behalf of either party.
END OF DOCUMENT
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