Common use of Duties and Performance Clause in Contracts

Duties and Performance. TriplePoint engages Influencer to completely and independently develop the Deliverables as set forth in the SOW. Influencer will be responsible for the development and production of Deliverables, all of which must comply with the specifications and requirements of TriplePoint. Influencer will correct any and all defects discovered in Deliverables. In the event that the Deliverables include social media posts, Influencer agrees to the following: All social media content (including but not limited to posts, pictures, videos, live-streams, and any other form of media on channels and platforms approved by TriplePoint) must comply with all relevant laws, regulations and rules, including, by way of example, the Federal Trade Commission (FTC) Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 CFR Part 255) (“FTC Endorsement Guides”). In the event the FTC, or other regulatory body, requires Influencer to re-post their social media content due to regulatory corrective ad requirements, Influencer agrees to re-post without any additional compensation across all previously used social media platforms, which must be done within a time-frame acceptable to satisfy regulatory requirements. When publishing content about Product, Influencer must clearly disclose his/her “material connection” with the End Client (and, if TriplePoint is mentioned in the content, TriplePoint), including the fact that Influencer was given consideration, was provided with certain experiences or is otherwise being paid for a particular service. The above disclosure should be clear and prominent and made in close proximity to any statements that Influencer makes about TriplePoint or the End Client’s products or services. Please note that this disclosure is required regardless of any space limitations of the medium (e.g. Twitter), where the disclosure can be made via Hashtags, e.g. #sponsored. Influencer’s statements will reflect Influencer’s honest and truthful opinions and actual experiences. Influencer should only make factual statements about TriplePoint or End Client’s products which Influencer knows for certain are true and can be verified. Influencer grants permission for all social media channels to “whitelist” their accounts, meaning when Influencer posts about the Product, TriplePoint can re-post/interact with Influencer and promote via paid media. Influencer shall keep the above-mentioned social media post(s) on their social media channels unless a temporary or ephemeral post is usual for the channel or required in the SOW.

Duties and Performance. TriplePoint engages Influencer to completely and independently develop the Deliverables as set forth in the SOW. Influencer will be responsible for the development and production of Deliverables, all of which must comply with the specifications and requirements of TriplePoint. Influencer will correct any and all defects discovered in Deliverables. In the event that the Deliverables include social media posts, Influencer agrees to the following: : (a) All social media content (including but not limited to posts, pictures, videos, live-streams, and any other form of media on channels and platforms approved by TriplePoint) must comply with all relevant laws, regulations and rules, including, by way of example, the Federal Trade Commission (FTC) Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 CFR Part 255) (“FTC Endorsement Guides”). In the event the FTC, or other regulatory body, requires Influencer to re-post their social media content due to regulatory corrective ad requirements, Influencer agrees to re-post without any additional compensation across all previously used social media platforms, which must be done within a time-frame acceptable to satisfy regulatory requirements. . (b) When publishing content about Product, Influencer must clearly disclose his/her “material connection” with the End Client (and, if TriplePoint is mentioned in the content, TriplePoint), including the fact that Influencer was given consideration, was provided with certain experiences or is otherwise being paid for a particular service. The above disclosure should be clear and prominent and made in close proximity to any statements that Influencer makes about TriplePoint or the End Client’s products or services. Please note that this disclosure is required regardless of any space limitations of the medium (e.g. Twitter), where the disclosure can be made via Hashtags, e.g. #sponsored. Influencer’s statements will reflect Influencer’s honest and truthful opinions and actual experiences. Influencer should only make factual statements about TriplePoint or End Client’s products which Influencer knows for certain are true and can be verified. . (c) Influencer grants permission for all social media channels to “whitelist” their accounts, meaning when Influencer posts about the Product, TriplePoint can re-post/interact with Influencer and promote via paid media. . (d) Influencer shall keep the above-mentioned social media post(s) on their social media channels unless a temporary or ephemeral post is usual for the channel or required in the SOW.