Influencer x Project Creator Relationship Agreement
An Influencer automatically enters into a sponsored working relationship under the Influencer x Project Creator Relationship Agreement as detailed here with a Project Creator when the Influencer agrees to create material specifically targeted towards his/her social media following (“Content”) to be published on his/her third-party social media platform, to promote the Project Creator's Campaign and in return receive a percentage of the percentage set aside by the Project Creator as payment for participating Influencer(s) of the Campaign (“Influencer Pool”). The Influencer must follow FTC Endorsement Guidelines by making clear to their audience any Content created for the promotion of the Project Creator's Campaign is sponsored. HyperFundIt reserves the right to temporarily or permanently blacklist any User that violates the FTC Endorsement Guidelines.
User agrees that if the working relationship is a collaborative relationship, where both Project Creator and Influencer work to create promotional Content together for the Project Creator's Campaign, and in return the Influencer receives a percentage of the Influencer Pool as payment, the Project Creator and Influencer should instead fill out and sign a Collaboration Agreement. The Collaboration Agreement template provided here is for your convenience. The use of this template is not mandatory and can be modified to suit your needs. HyperFundIt is not responsible or liable for any issues that may arise with the use of the Collaboration Agreement template provided by HyperFundIt. Any Collaboration Agreement dictating the collaborative working relationship and is signed by both the Project Creator and Influencer is between the Influencer and the Project Creator. HyperFundIt will not be involved in any legal disputes between Users or Users and third parties. The following are terms that govern the Influencer x Project Creator Relationship Agreement (“Relationship Agreement”), which encompasses both Sponsored working relationships and Collaborative working relationships:
1. Ownership and Licensing
An Influencer retains ownership of any Content created by the Influencer. Both the Influencer and the Project Creator will retain an even ownership of the Content created through collaboration. In the instance of a sponsored working relationship, the Project Creator retains an exclusive license to use and share the Content created by the Influencer on third-party platforms for promotional purposes during the Campaign’s runtime. If the Content is shared or posted on any of the Project Creator's third-party platforms during the Campaign, the Project Creator is not obligated to remove the Content after the Campaign ends. The Content may not be reused for any other commercial purposes or in future Campaigns without the consent of the Influencer. The exclusive license is paid for by a percentage of the Influencer Pool, listed on the Project Creator's Campaign page. Payments for each individual Influencer working with a Campaign is in proportion with the amount of traffic their content brings to the campaign tracked by a Bitly link. (Refer to the Payment Model section.)
2. Creative Control
The Influencer retains creative control of the materials however the Influencer must follow the copy points set forth by the Project Creator in order for the Content to be approved.
3. Copy Points
The Project Creator must provide the copy points that need to be addressed by the Influencer in his/her Content before any Content is created. Copy points must be written out, reviewed, and signed by both parties then submitted to HyperFundIt via email or Discord in order for them to be valid. A Copy Points template is provided by HyperFundIt, the use of this template is not mandatory and can be modified to suit your needs. HyperFundIt is not responsible or liable for any issues that may arise with the use of the Copy Points template provided by HyperFundIt.
The details of the copy points are up to the Project Creator's discretion and may include but are not limited to: (1) whether or not the Influencer can use their own verbiage or read a script verbatim; (2) what key points must be addressed (ie. values, functionality, etc.); (3) the number of posts the Influencer is responsible for publishing in a certain time period; and (4) the holdback period. The holdback period is the time period between the date that the Content is approved and the date that the Project Creator chooses to have the Content published. The Influencer agrees to comply with the copy points provided by the Project Creator when creating Content to promote the Project Creator's Campaign.
4. Preview Expectations
The Project Creator must provide a written statement of approval before an Influencer can publish the Content and receive compensation for the publication of the Content. The Project Creator is not obligated to approve any Content created by the Influencer even after both parties have agreed to a Relationship Agreement if: (1) the Content does not meet guidelines laid out by the copy points; (2) the Content is determined, in the Project Creator's sole discretion, to contain inappropriate material, (3) and/or if the Content is determined, in the Project Creator's sole discretion, to be detrimental to the Project Creator's Campaign. If the Project Creator decides to reject an Influencer’s Content, the Project Creator and/or Influencer may agree to adjust the Content to correct the issue that incurred the rejection, or terminate the Relationship Agreement. If a Relationship Agreement is terminated for any reason the Influencer will not be compensated. A work relationship agreement cannot be terminated once the Content has been approved. If the Influencer chooses to publish the Content after a working relationship has been terminated, legal action may be taken against the Influencer by the Project Creator and/or HyperFundIt.
5. Specifications Regarding Shared Images
The Project Creator agrees to discuss with the Influencer when and where the images/videos will be uploaded to any third party social media platform.
6. Dedicated Content
The Influencer agrees that the Content must be dedicated to the Project Creator's brand. No other competing brands may be mentioned or present in the Content created for the Project Creator's Campaign.
7. Social Channels
The Influencer agrees to promote the Content on their third party social media page, depending on what type of Influencer they are and what was agreed upon by both parties.
8. Length of the Campaign
Each Campaign runs for approximately 42 days. During the first 14 days, the Project Creator hosting the Campaign is recruiting Influencers to create promotional material for them. During the last 28 days, the Support function will be available, this is when Users can donate to the Campaign and Influencers will be allowed to post their material at the agreed time and date.
9. Timeline of Engagement
The following is a loose timeline of engagement between the Influencer and the Project Creator:
The Influencer and Project Creator will enter into a Relationship Agreement and decide upon the guidelines specific to their Relationship Agreement. The guidelines may include but are not limited to: the payment model the Project Creator has chosen, the Copy Points the Project Creator has decided upon, a general timeline of when deadlines must be met, and what creative ideas Influencers have for the Content. The Influencer agrees that the content must be completed and submitted for the Project Creator's approval by the deadline of 48 hours prior to the start date of the Campaign’s Funding Phase. Influencer agrees to keep all video Content created for Youtube that has yet to be approved by the Project Creator unlisted and to not share or upload publicly any Content prior to the decided publication date for the specific piece of Content. Once the Content is approved, the Content can be made public on the Influencer’s platform at the agreed upon time and date. After the Campaign ends HyperFundIt will distribute the funds raised by the Campaign in accordance with the payment model the Project Creator agreed to. Both the Influencer and the Project Creator will receive their portion of the donations at the completion of the campaign. If there is any delay, HyperFundIt will provide notices updating each party about the reasons for the delay. During the Beta, HyperFundIt will be manually updating the information on Project Creator’s Campaign page.
10. Payment Model
HyperFundIt offers four different payment models that a Project Creator may choose from during the Campaign building process. You agree that the payment model the Project Creator chooses will be how HyperFundIt distributes all raised funds at the end of the Campaign and will be displayed on the Campaign page for the public to see. You agree that in all payment models, HyperFundIt will collect 15% of the total funding as a service fee. You agree that a percentage of the donations will be set aside to pay Influencers who Hyped the Project Creator's Campaign (“Influencer Pool”). This percentage differs depending on the payment model the Project Creator chooses. The Influencer Pool will be split amongst the Influencers respectively to the percentage of traffic generated by each Influencer. The incoming traffic is tracked through individually unique Bitly links provided to each Influencer by HyperFundIt. The percentage of traffic is calculated through Bitly sessions. The payment models are as follows:
- “Hyper Funding” - This payment model is for the Project Creator who is focused on raising funds to expand or advance his/her project. Participating Influencers will collectively receive 20% of the total funding. Once HyperFundIt has collected the service fee, the rest of the donations will be given to the Project Creator to fund his/her project.
- “Half & Half” - This payment model is for the Project Creator who is looking to raise funds and awareness for his/her project. Participating Influencers will collectively receive 42.5% of the total funding. Once HyperFundIt has collected the service fee, the rest of the donations will be given to the Project Creator to fund his/her project.
- “Heavy Marketing” - This payment model is for the Project Creator who is focused on raising awareness for his/her project. Participating Influencers will collectively receive 65% of the total funding. Once HyperFundIt has collected the service fee, the rest of the donations will be given to the Project Creator to fund his/her project.
- “Custom” - This payment model is for the Project Creator who requires a flexible payment model. The Project Creator determines the percentage to pay the participating Influencer(s). Once HyperFundIt has collected the service fee, the rest of the donations will be given to the Project Creator to fund his/her project.
11. Product Placement
You agree that In the case a product is mailed by a Project Creator to an Influencer with the intent for the Influencer to use it in promotional Content for the Project Creator's Campaign, the Project Creator and Influencer have entered into a Product Placement Agreement, whether the agreement is documented or not. Both parties agree to the following terms:
- The product received by the Influencer must be visible in the promotional Content created for the Project Creator's Campaign.
- The Project Creator can include guidelines to how he/she wants the product to be displayed in the Content. The Influencer agrees to follow these guidelines set forth if he/she receives the product.
- The Project Creator and Influencer must have a written agreement stating whether (1) the product will be paid for by the Influencer and how much, (2) or is a complimentary gift to the Influencer, (3) or if it is lent to the Influencer and must be returned after the completion of making the promotional Content, and (4) who will pay for shipment of the product.
- If there is no written agreement and issues arise after the Project Creator has sent out the product, the Project Creator then forfeits the product and any expenses that incurred with the shipment of the product.
- HyperFundIt will not be involved in this written agreement and therefore will not be liable for either party breaching the agreement. HyperFundIt does, however, take the integrity of our Users seriously and will work to promote such integrity throughout our Website. Any User who does breach written third-party agreements with other Users that pertain to the use of HyperFundIt Services, will face consequences including but not limited to receiving a warning, having to pay fully for the product sent, or having the User be temporarily or permanently placed on the blacklist.
- HyperFundIt is not a part of the agreement between the Project Creator and Influencer, therefore HyperFundIt cannot be liable for any issues that arise through the transactional or shipment process.
- HyperFundIt strongly recommend Project Creators not to mail out products that have a value over $100 to Influencers. HyperFundIt will not provide warranty for any lost or damaged items.
Copy Points Agreement
Fill out the following with as much detail as you can provide to your influencer. Keep in mind that both parties must agree on the terms to move forward.
Number of Posts:
What to Post (Any specific verbiage or points you want the influencer to bring up):
Where to Post (You can mention how many of each post per platform):
When to Post (Date, Time, Time Zone for each post):
I __________ (influencer) agree that I will follow the copy points detailed in this document to the best of my ability when creating and publishing content to promote the __________ (project name) project’s campaign by __________ (project creator).
I __________ (project creator) agree to the above copy points detailed above.
__________ (Project Creator Signature) __________ (Date)
__________ (Influencer Signature) __________ (Date)
Please send us this document completed in PDF format, signed by both the Project Creator and the Influencer.
*By submitting a Copy Points document, you are agreeing to the Influencer x Project Creator Relationship Agreement.