Common use of By Influencer Clause in Contracts

By Influencer. Influencer represents, warrants and covenants that: (a) the Services will be performed in a professional, lawful and workmanlike manner, in accordance with any terms and conditions set forth herein; (b) Influencer is the original author and sole owner of the Influencer Content or otherwise has obtained any content from sources in conformity with the Brand Content Policy and that for all Influencer Content, Influencer has obtained all necessary rights, licenses, permissions, consents and the like, including but not limited to releases for voices, images and appearances, with regard to all video, audio, photograph, graphics, illustration or other multimedia content and will provide Brand with all such releases upon Brand’s request; (c) the Influencer Content is accurate and true and reflects Influencer’s actual opinions, experiences and beliefs; (d) no Influencer Content created or obtained by Influencer and delivered to Brand or posted by Influencer or Brand hereunder will infringe on or violate any IPR or applicable laws, rules or regulations, including, but not limited to, the Federal Trade Commission Act and all rules, regulations and guidelines promulgated by the Federal Trade Commission; (e) no Influencer Content delivered or posted by Influencer hereunder will contain any profanity, scandalous, libelous, defamatory, obscene, pornographic or unlawful matter or material; (f) Influencer has not misrepresented any of the Influencer’s organic metrics including, but not limited to, engagements, followers, and reach;

By Influencer. Influencer represents, warrants and covenants that: (a) the Services will be performed in a professional, lawful and workmanlike manner, in accordance with any terms and conditions set forth herein; (b) Influencer is the original author and sole owner of the Influencer Content or otherwise has obtained any content from sources in conformity with the Brand Content Policy and that for all Influencer Content, Influencer has obtained all necessary rights, licenses, permissions, consents and the like, including but not limited to releases for voicesReleases, images and appearances, with regard to all video, audio, photograph, graphics, illustration or other multimedia content and will provide Brand with all such releases upon Brand’s request; (c) the Influencer Content complies with the requirements of this Agreement (including, but not limited to, the Brand Content Policy) and guidance provided by Brand, and is accurate and true and reflects Influencer’s actual opinions, experiences and beliefs; (d) no Influencer Content created or obtained by Influencer and delivered to Brand or posted by Influencer or Brand hereunder will infringe on or violate any IPR IPR, contractual rights, or applicable laws, rules or regulations, including, but not limited to, the Federal Trade Commission Act and all rules, regulations and guidelines promulgated by the Federal Trade CommissionCommission and all labor laws and union or guild requirements; (e) no Influencer Content delivered or posted by Influencer hereunder will contain any profanity, scandalous, libelous, defamatory, obscene, pornographic or unlawful matter or material, or that which would give rise to any cause of action for libel, slander, defamation or other similar claim; (f) Influencer has not misrepresented any of the Influencer’s organic metrics including, but not limited to, engagements, followers, and reach;; (g) Influencer does not use bots or other artificial means to inflate Influencer metrics; (h) Influencer Content does not contain malicious code, counters, or other types of code that automatically attach cookies or other devices that track and collect user’s information; and (i) no fee, compensation or any other payment whatsoever will be payable by Brand to any third party in connection with the Influencer Content and/or the Services. Additionally, Influencer represents and warrants Influencer has not acted, and will not act, in an unprofessional manner or committed any act, and has not been involved in any situation, that will be made public during the term of the Agreement that: (i) involves criminal misconduct or an act of moral turpitude; (ii) subjects Brand, Influencer, Influencer’s endorsement, the Services, Brand’s products, and/or the advertising and promotion thereof to public disrepute, contempt, scandal or ridicule; (iii) offends the community at large; or (iv) tarnishes any Brand Marks (the occurrences described in this Section 3.2, each, a “Disparagement Act”), regardless of whether or not information relating to any such Disparagement Act becomes public or whether or not any civil or criminal proceedings are instituted or sanctions imposed, or any federal, state, or local investigative proceedings are instituted or commenced in connection with such Disparagement Act.

By Influencer. Influencer represents, warrants and covenants that: (a) the Services will be performed in a professional, lawful and workmanlike manner, in accordance with any terms and conditions set forth herein; (b) Influencer is the original author and sole owner of the Influencer Content or otherwise has obtained any content from sources in conformity with the Brand Content Policy and that for all Influencer Content, Influencer has obtained all necessary rights, licenses, permissions, consents and the like, including but not limited to releases for voices, images and appearances, with regard to all video, audio, photograph, graphics, illustration or other multimedia content and will provide Brand with all such releases upon Brand’s request; (c) the Influencer Content is accurate and true and reflects Influencer’s actual opinions, experiences and beliefs; (d) no Influencer Content created or obtained by Influencer and delivered to Brand or posted by Influencer or Brand hereunder will infringe on or violate any IPR or applicable laws, rules or regulations, including, but not limited to, the Federal Trade Commission Act and all rules, regulations and guidelines promulgated by the Federal Trade Commission; (e) no Influencer Content delivered or posted by Influencer hereunder will contain any profanity, scandalous, libelous, defamatory, obscene, pornographic or unlawful matter or material; (f) Influencer has not misrepresented any of the Influencer’s organic metrics including, but not limited to, engagements, followers, and reach;; (g) Influencer does not use bots or other artificial means to inflate Influencer metrics; (h) Influencer Content does not contain malicious code, counters, or other types of code that automatically attach cookies or other devices that track and collect user’s information; and (i) no fee, compensation or any other payment whatsoever will be payable by Brand to any third party in connection with the Influencer Content and/or the Services.

By Influencer. Influencer represents, warrants and covenants that: (a) the Services will be performed in a professional, lawful and workmanlike manner, in accordance with any terms and conditions set forth herein; (b) Influencer is the original author and sole owner of the Influencer Content or otherwise has obtained any content from sources in conformity with the Brand Content Policy and that for all Influencer Content, Influencer has obtained all necessary rights, licenses, permissions, consents and the like, including but not limited to releases for voices, images and appearances, with regard to all video, audio, photograph, graphics, illustration or other multimedia content and will provide Brand with all such releases upon BrandXxxxx’s request; (c) the Influencer Content is accurate and true and reflects Influencer’s actual opinions, experiences and beliefs; (d) no Influencer Content created or obtained by Influencer and delivered to Brand or posted by Influencer or Brand hereunder will infringe on or violate any IPR or applicable laws, rules or regulations, including, but not limited to, the Federal Trade Commission Act and all rules, regulations and guidelines promulgated by the Federal Trade Commission; (e) no Influencer Content delivered or posted by Influencer hereunder will contain any profanity, scandalous, libelous, defamatory, obscene, pornographic or unlawful matter or material; (f) Influencer has not misrepresented any of the Influencer’s organic metrics including, but not limited to, engagements, followers, and reach;

By Influencer. Influencer represents, warrants and covenants that: (a) the Services will be performed in a professional, lawful and workmanlike manner, in accordance with any terms and conditions set forth herein; (b) Influencer is the original author and sole owner of the Influencer Content or otherwise has obtained any content from sources in conformity with the Brand Content Policy and that for all Influencer Content, Influencer has obtained all necessary rights, licenses, permissions, consents and the like, including but not limited to releases for voices, images and appearances, with regard to all video, audio, photograph, graphics, illustration or other multimedia content and will provide Brand with all such releases upon Brand’s request; (c) the Influencer Content is accurate and true and reflects Influencer’s actual opinions, experiences and beliefs; (d) no Influencer Content created or obtained by Influencer and delivered to Brand or posted by Influencer or Brand hereunder will infringe on or violate any IPR or applicable laws, rules or regulations, including, but not limited to, the Federal Trade Commission Act Guides Concerning the Use of Endorsements and all rulesTestimonials in Advertising, regulations and guidelines promulgated by the Federal Trade Commission16 CFR Part 255; (e) will disclose in every communication that mentions Brand, its products and/or services, that Influencer has received benefits from Brand; (f) no Influencer Content delivered or posted by Influencer hereunder will contain any profanity, scandalous, libelous, defamatory, obscene, pornographic or unlawful matter or material; (fg) Influencer has not misrepresented any of the Influencer’s organic metrics including, but not limited to, engagements, followers, and reach;; (h) Influencer does not use bots or other artificial means to inflate Influencer metrics; (i) Influencer Content does not contain malicious code, counters, or other types of code that automatically attach cookies or other devices that track and collect user’s information; and (j) no fee, compensation or any other payment whatsoever will be payable by Brand to any third party in connection with the Influencer Content and/or the Services.

By Influencer. Influencer represents, warrants and covenants that: (a) the Services will be performed in a professional, lawful and workmanlike manner, in accordance with any terms and conditions set forth herein, including, without limitation, the Brand Content Policy; (b) Influencer is the original author and sole owner of the Influencer Content or otherwise has obtained any content from sources in conformity with the Brand Content Policy and that for all Influencer Content, Influencer has obtained all necessary rights, licenses, permissions, consents and the like, including but not limited to releases for voices, images and appearances, with regard to all video, audio, photograph, graphics, illustration or other multimedia content and will provide Brand with all such releases upon BrandXxxxx’s request; (c) the Influencer Content is accurate and true and reflects Influencer’s actual opinions, experiences and beliefs; (d) no Influencer Content created or obtained by Influencer and delivered to Brand or posted by Influencer or Brand hereunder will infringe on or violate any IPR or applicable laws, rules or regulations, including, but not limited to, the Federal Trade Commission Act and all rules, regulations and guidelines promulgated by the Federal Trade Commission; (e) no Influencer Content delivered or posted by Influencer hereunder will contain any profanity, scandalous, libelous, defamatory, obscene, pornographic or unlawful matter or material; (f) Influencer has not misrepresented any of the Influencer’s organic metrics including, but not limited to, engagements, followers, and reach;; (g) Influencer does not use bots or other artificial means to inflate Influencer metrics; (h) Influencer Content does not contain malicious code, counters, or other types of code that automatically attach cookies or other devices that track and collect user’s information; (i) no fee, compensation or any other payment whatsoever will be payable by Brand to any third party in connection with the Influencer Content and/or the Services; (j) all of its blog posts, social media statuses, tweets, and/or comments, whether Influencer Content otherwise shall be in good taste and free of inappropriate language and/or any content promoting bigotry, racism or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and (k) Influencer will not, directly or indirectly disparage or otherwise comment negatively on Brand, its affiliates or any of each of their respective officers, directors or employees nor will Influencer comment negatively on Brand’s brands or products or the brands and/or products of any of Brand’s affiliates.

By Influencer. Influencer represents, warrants and covenants that: (a) the Services will be performed in a professional, lawful and workmanlike manner, in accordance with any terms and conditions set forth herein; (b) Influencer is the original author and sole owner of the Influencer Content or otherwise has obtained any content from sources in conformity with the Brand Content Policy and that for all Influencer Content, Influencer has obtained all necessary rights, licenses, permissions, consents consen ts and the like, including but not limited to releases for voices, images and appearances, with regard to all video, audio, photograph, graphics, illustration or other multimedia content and will provide Brand with all such releases upon Brand’s request; (c) the Influencer Content is accurate and true and reflects Influencer’s actual opinions, experiences and beliefs; (d) no Influencer Content created or obtained by Influencer and delivered to Brand or posted by Influencer or Brand hereunder will infringe on or violate any IPR or applicable laws, rules or regulations, including, but not limited to, the Federal Trade Commission Act and all rules, regulations and guidelines promulgated by the Federal Trade Commission; (e) no Influencer Content delivered or posted by Influencer hereunder will contain any profanity, scandalous, libelous, defamatory, obscene, pornographic or unlawful matter or material; (f) Influencer has not misrepresented any of the Influencer’s organic metrics including, but not limited to, engagements, followers, and reach;

By Influencer. Influencer represents, warrants and covenants that: (a) the Services will be performed in a professional, lawful and workmanlike manner, in accordance with any terms and conditions set forth herein; (b) Influencer is the original author and sole owner of the Influencer Content or otherwise has obtained any content from sources in conformity with the Brand SmartClick AdWorks LLC, dba SmartClick Advertising Content Policy and that for all Influencer Content, Influencer has obtained all necessary rights, licenses, permissions, consents and the like, including but not limited to releases for voices, images and appearances, with regard to all video, audio, photograph, graphics, illustration or other multimedia content and will provide Brand SmartClick AdWorks LLC, dba SmartClick Advertising with all such releases upon BrandSmartClick AdWorks LLC, dba SmartClick Advertising’s request; (c) the Influencer Content is accurate and true and reflects Influencer’s actual opinions, experiences and beliefs; (d) no Influencer Content created or obtained by Influencer and delivered to Brand SmartClick AdWorks LLC, dba SmartClick Advertising or posted by Influencer or Brand SmartClick AdWorks LLC, dba SmartClick Advertising hereunder will infringe on or violate any IPR or applicable laws, rules or regulations, including, but not limited to, the Federal Trade Commission Act and all rules, regulations and guidelines promulgated by the Federal Trade Commission; (e) no Influencer Content delivered or posted by Influencer hereunder will contain any profanity, scandalous, libelous, defamatory, obscene, pornographic or unlawful matter or material; (f) Influencer has not misrepresented any of the Influencer’s organic metrics including, but not limited to, engagements, followers, and reach;; (g) Influencer does not use bots or other artificial means to inflate Influencer metrics; (h) Influencer Content does not contain malicious code, counters, or other types of code that automatically attach cookies or other devices that track and collect user’s information; and (i) no fee, compensation or any other payment whatsoever will be payable by SmartClick AdWorks LLC, dba SmartClick Advertising to any third party in connection with the Influencer Content and/or the Services.

By Influencer. Influencer represents, warrants and covenants that: (a) the Services will be performed in a professional, lawful and workmanlike manner, in accordance with any terms and conditions set forth herein; (b) Influencer is the original author and sole owner of the Influencer Content or otherwise has obtained any content from sources in conformity with the Brand Content Policy and that for all Influencer Content, Influencer has obtained all necessary rights, licenses, permissions, consents and the like, including but not limited to releases for voices, images and appearances, with regard to all video, audio, photograph, graphics, illustration or other multimedia content and will provide Agency and Brand with all such releases upon BrandBrand or Agency’s request; (c) the Influencer Content is accurate and true and reflects Influencer’s actual opinions, experiences and beliefs; (d) no Influencer Content created or obtained by Influencer and delivered to Agency or Brand or posted by Influencer Influencer, Agency or Brand hereunder will infringe on or violate any IPR or applicable laws, rules or regulations, including, but not limited to, the Federal Trade Commission Act and all rules, regulations and guidelines promulgated by the Federal Trade Commission; (e) no Influencer Content delivered or posted by Influencer hereunder will contain any profanity, scandalous, libelous, defamatory, obscene, pornographic or unlawful matter or material; (f) Influencer has not misrepresented any of the Influencer’s organic metrics including, but not limited to, engagements, followers, and reach;; (g) Influencer does not use bots or other artificial means to inflate Influencer metrics; (h) Influencer Content does not contain malicious code, counters, or other types of code that automatically attach cookies or other devices that track and collect user’s information; and (i) no fee, compensation or any other payment whatsoever will be payable by Brand or Agency to any third party in connection with the Influencer Content and/or the Services.

By Influencer. Influencer represents, warrants and covenants that: (a) the Services will be performed in a professional, lawful and workmanlike manner, in accordance with any terms and conditions set forth herein; (b) Influencer is the original author and sole owner of the Influencer Content or otherwise has obtained any content from sources in conformity with the Brand PayPal Content Policy and that for all Influencer Content, Influencer has obtained all necessary rights, licenses, permissions, consents and the like, including but not limited to releases for voices, images and appearances, with regard to all video, audio, photograph, graphics, illustration or other multimedia content and will provide Brand PayPal with all such releases upon BrandPayPal’s request; (c) the Influencer Content is accurate and true and reflects Influencer’s actual opinions, experiences and beliefs; (db) no Influencer Content created or obtained by Influencer and delivered to Brand PayPal or posted by Influencer or Brand PayPal hereunder will shall infringe on or violate any IPR or applicable laws, rules or regulationsregulations and guidelines concerning advertising and marketing, including, but not limited towithout limitation, the Federal Trade Commission Act and all (FTC) Endorsement Guides, available as of the I/O Date at xxxxx://xxx.xxx.xxx/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing -endorsements-testimonials/091005revisedendorsementguides.pdf,, or applicable social media platform rules, regulations policies and guidelines promulgated by the Federal Trade Commissionrestrictions; (ec) no Influencer Content delivered or posted by Influencer hereunder will shall contain any profanity, scandalous, libelous, defamatory, obscene, pornographic or unlawful matter or material; material and (fd) Influencer has Content may not misrepresented any contain malicious code, counters, or other types of the Influencercode that automatically attach cookies or other devices that track and collect user’s organic metrics including, but not limited to, engagements, followers, and reach;information.

By Influencer. Influencer represents, warrants and covenants that: (a) the Services will be performed in a professional, lawful and workmanlike manner, in accordance with any terms and conditions set forth herein; (b) Influencer is the original author and sole owner of the Influencer Content or otherwise has obtained any content from sources in conformity with the Brand Content Policy and that for all Influencer Content, Influencer has obtained all necessary rights, licenses, permissions, consents and the like, including but not limited to releases for voices, images and appearances, with regard to all video, audio, photograph, graphics, illustration or other multimedia content and will provide Brand with all such releases upon Brand’s request; (c) the Influencer Content is accurate and true and reflects Influencer’s actual opinions, experiences and beliefs; (d) Influencer will clearly and conspicuously disclose Influencer’s affiliation with Brand in accordance with the FTC Guidelines and the Brand Disclosure and Content Policy, in a form and with a placement to be approved by Brand and that no Influencer Content created or obtained by Influencer and delivered to Brand or posted by Influencer or Brand hereunder will infringe on or violate any IPR or applicable laws, rules or regulations, including, but not limited to, the Federal Trade Commission Act and all rules, regulations and guidelines promulgated by the Federal Trade Commission; (e) no Influencer Content delivered or posted by Influencer hereunder will contain any profanity, scandalous, libelous, defamatory, obscene, pornographic or unlawful matter or material; (f) Influencer has not misrepresented any of the Influencer’s organic metrics including, but not limited to, engagements, followers, and reach;; (g) Influencer does not use bots or other artificial means to inflate Influencer metrics; (h) Influencer Content does not contain malicious code, counters, or other types of code that automatically attach cookies or other devices that track and collect user’s information; and (i) no fee, compensation or any other payment whatsoever will be payable by Brand to any third party in connection with the Influencer Content and/or the Services; (k) Influencer is 21 years of age or older, or, if under 21 years of age, has the consent of Influencer’s parent or legal guardian to enter into this Agreement, as indicated on the signature page; (m) Influencer has no criminal record; .