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ATP Influencer Program – Terms & Conditions

Welcome to the ATP Science Influencer Program, we are excited about the opportunity to work with you. Before moving forward, however, you must familiarize yourself with the following ATP Science Influencer Terms & Conditions.

The ATP Science Terms & Conditions provided below are in addition to the standard ATP Science Terms and Conditions, which are available here and incorporated herein by reference.

The ATP Science Terms and Conditions and the ATP Science Influencer Terms & Conditions (collectively, the “Terms” or “Agreement”) are a legally binding contract between you and ATP Science. BY BECOMING AN ATP SCIENCE INFLUENCER, YOU AGREE TO ALL OF THE TERMS AND TO FULLY COMPLY WITH AND ABIDE BY THE AGREEMENT. Therefore, we ask that you PLEASE READ THE FOLLOWING TERMS CAREFULLY AND SIGN AT THE BOTTOM OF THIS DOCUMENT.

As stated above, the ATP Science Terms and Conditions are part of the Terms. The agreement requires you to resolve all disputes with ATP Science on an individual basis within 30 days. If a dispute cannot be resolved directly with ATP Science then dispute resolution will be through final and binding arbitration and requires you to forego the right to resolve any and all disputes you may have with ATP Science through court proceedings of any kind. By entering this agreement, you expressly acknowledge that you have read and understand all of the terms of the arbitration agreement and have taken the time to consider the consequences of this important decision.
This Agreement is governed by and shall be construed in accordance with the laws of the State of Queensland, Australia.

Instagram is not involved. You acknowledge and agree that although these Terms require the use of Instagram, Instagram is not a party to this Agreement. This Agreement is between you and ATP Science only.

ATP Science only ships to residents of Australia, New Zealand, Hong Kong, Malaysia, Singapore, Canada and United States of America. Shipping to all other countries is not available at this time. Applicants must be residents of the above countries to be eligible for the Influencer Program.

DESCRIPTION OF ATP SCIENCE INFLUENCER PROGRAM

The ATP Science Influencer Program allows you to earn free ATP Science products in exchange for ATP Science Compliant Instagram posts. First, you select your ‘Social Influencer – Unique verification code generator product’ and complete checkout through creating an ATP Science account (if you don’t have one already). Second, you verify your account, by publishing the unique verification code emailed to you, in your Instagram bio and complete the input fields on the Influencer Verification Page. Wait for an accepted email by ATP Science. This will be within 1-2 business days. Once accepted 3000 ATP points will be allocated to your account and you can ‘purchase’ your first product using your ATP points. ATP Science influencer must pay for shipping and can elect a more expensive product and pay the difference if desired. Product will be shipped to influencers under standard ATP Science shipping terms. Next the influencer is to publish an ATP Science Compliant Instagram post. Within 24 hours of publishing your post on Instagram, it must be submitted through ATP Science submission page (completing all required fields). ATP Science will verify the post is compliant and add relevant points to the influencer’s account. Further products can be selected and issued by logging into ATP Science account, selecting preferred products and using ATP points at checkout to ‘pay’ for the product. Shipping fees are not included and must be paid by the ATP Science Influencer. Payment methods are as per standard website checkout payment options.

  • Your compensation for participating in the Program will only ever be ATP Science products via accruing ATP Points. You will not receive and agree that you are not entitled to receive any other compensation from ATP Science. The products may not be resold or exchanged for other value.
  • ATP Points are accrued only from compliant posts. 50 points = $1 AUD/USD value. 1 compliant post = 1500 points ($30AUD/USD value), 2 compliant posts = 3000 points ($60AUD/USD). A maximum of 3000 points can be accrued every 30 days. The same compliant post cannot be re-used multiple times to earn more points. Older posts prior to becoming a verified ATP Influencer can not be reused.
  • You may post as many ATP Science-Compliant posts as you want during the term of this Agreement. However, a maximum of 3000 points can be accrued every 30 days (2 posts). For as long as you are an ATP Science Influencer, any post you make that refers to or relates to ATP Science in any manner whatsoever, and regardless of whether you will use the post to obtain ATP Points, it must be ATP Science Compliant.
  • You and ATP Science are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates’ behalf. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Agreement, you will be deemed to have taken the action yourself.

 

ATP SCIENCE COMPLIANT POSTS

To receive a free ATP Science product, your post must be ATP Science Compliant. To be ATP Science Compliant:

  • Your post must be a static post. Story posts are not supported at this time.
  • The image must contain at least one of the following:
    • You and the Product
    • A recipe creation and the product

The product does not have to be the main focus of the image (for example it can be in the background of your workout or cooking) but it does need to be present.

  • If you describe the benefits or performance of the ATP Science product, including your own personal experience with the product, your description must substantially mirror the language contained in the ATP Science Influencer Approved Claims, available here/below.
  • If you make a health claim it must be an approved claim from the ATP Science Influencer approved claims.
  • If you are uncertain about whether a particular statement concerns health or is a potential claim, do not make that statement. To ensure that your post is ATP Science compliant, please consult the ATP Science Influencer content library, available here/below, and substantially mirror the language contained there. Your post will be subject to approval for points based on this library.
  • You must not mention any brand other than ATP Science.
  • You must not show the name brand of any other products in your post.
  • You must tag every post with #ad and #atpinfluencer. You may add other hashtags as well (provided they comply with the Terms), but #ad and #atpinfluencer must always be the first and second ones listed. Only for product posts obtained via the points program. You may use the ‘branded content’ feature of Instagram if you choose.
  • Your post must comply with the ACCC/FTC’s guidelines for Social Media Influencers, available here and FTC here.
  • You must not post any images or other content that you did not personally author.
  • You must not include the image, voice, or likeness of any person other than yourself in any post.
  • Your post must be submitted to ATP Science within 24 hours of being published to Instagram.
  • Submission of a non-compliant post. If your post is deemed non-compliant, you must remove the non-compliant post from Instagram within 30 minutes of learning of its non-compliance, and provide confirmation of its removal immediately thereafter. If there are 5 violations/non-compliant posts, ATP Science can evict you from the program.
  • Must post with ATP Science product at least once every 2-3 months to stay in the program. Influencers with extended periods without posting will be removed from the program.

INFLUENCER CONTENT

Subject to any other applicable rules or guidelines (including those provided by Instagram), and excluding any content from the ATP Science Influencer Content Library, you retain any copyright and other proprietary rights that you may hold in your posts (“Influencer Content”). By providing us with links to your posts and by submitting any Influencer Content to Instagram using a Company-branded hashtag (i.e., #atpinfluencer), you grant ATP Science a worldwide, non-exclusive, irrevocable, transferable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your Influencer Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

ATP Science disclaims any and all liability in connection with Influencer Content. You are solely responsible for your Influencer Content and the consequences of providing Influencer Content via the Program. By providing Influencer Content, you affirm, represent, and warrant that: (a) you are the creator and owner of the Influencer Content, or have the necessary licenses, rights, consents, and permissions to authorize ATP Science and its licensees or sub-licensees, including other ATP Science Influencers to use and distribute your Influencer Content as necessary to exercise the licenses granted by you in this Agreement; (b) the Influencer Content does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause ATP Science to violate any law or regulation or otherwise cause liability for ATP Science; and (c) your Influencer Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

ATP Science is under no obligation to edit or control Influencer Content that you or other users post or publish and will not be in any way responsible or liable for Influencer Content. ATP Science may, however, at any time and without prior notice, screen, remove, edit, or block any Influencer Content that in our sole judgment violates these Terms or is otherwise objectionable. Should ATP Science determine that a post or Influencer Content is not ATP Science Compliant, you shall, at ATP Science’s request, immediately remove such post from Instagram and wherever else you may have published it.

COMPLIANCE REQUIREMENTS

You must comply with this Agreement to participate in the Program and receive ATP Science products. You must promptly provide us with any information that we request to verify your compliance with this Agreement. If you violate this Agreement, or if you violate the terms and conditions of any other applicable agreement you have with us, then, in addition to any other rights or remedies available to us, we reserve the right to permanently (to the extent permitted by applicable law) withhold (and you agree you will not be eligible to receive) any and all compensation due to you under this Agreement (i.e., free ATP Science products or accumulate points from posting), whether or not directly related to such violation without notice and without prejudice to any right of ATP Science to recover damages in excess of this amount.

ATP SCIENCE CUSTOMERS

Our customers are not, by virtue of your participation in the Program, your customers. As between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on the ATP Science website will apply to those customers and may be changed at any time. You will not handle or address any contacts with any of our customers, and, if contacted by any of our customers for a matter relating to interaction with ATP Science or an ATP Science product, you will state that those customers must contact ATP Science to address customer service issues.

WARRANTIES

You represent, warrant, and covenant that (a) you will participate in the Program and create posts in accordance with this Agreement, (b) neither your participation in the Program nor your creation of your Posts will violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any governmental authority that has jurisdiction over you (including all such rules governing communications, data protection, advertising, and marketing), (c) you are lawfully able to enter into contracts (e.g. you are not a minor or otherwise legally prevented from contracting), (d) you have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than as expressly set forth in this Agreement, (e) the information you provide in connection with the Program is accurate and complete at all times.

Disclaimers; No Warranties by ATP Science. Except as provided for in these terms, the program, products, and all materials and content available through the program are provided ‘as is’ and on an ‘as available’ basis. To the extent permitted by law, ATP Science disclaims all warranties of any kind, whether express or implied, relating to the program, products, and all materials and content available through the program including: (a) any implied warranty of merchantability, fitness or a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of the course of dealing, usage, or trade. ATP Science does not warrant that the program or any portion of the program, or any materials or content offered through the program (including receipt of free products), will be uninterrupted, secure, or free errors, viruses, or other harmful components, and ATP Science does not warrant that any of those issues will be corrected.

No advice or information, whether oral or written, obtained by you from ATP Science will create any warranty regarding ATP Science, products, or the program that is not expressly stated in these terms. We are not responsible for any damage that may result from the program, products, and your dealing with any other person. You understand and agree that you participate in the program and use the ATP Science products at your own discretion and risk, and that we are not responsible for any damage to you or your property (including your computer system or mobile/computer device used in connection with the program) or any loss of data.

The limitations, exclusions and disclaimers in this section apply to the fullest extent permitted by law. ATP Science does not disclaim any warranty or other right that the company is prohibited from disclaiming under applicable law.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless ATP Science and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees), resulting from or arising out of (a) your participation in the Program and (b) a breach of these Terms.

TERM AND TERMINATION

The term begins upon your verification as an accepted ATP Science Influencer and continues until ATP Science decides to terminate the Agreement, which it may do at any time for any reason or no reason and with or without notice to you. You may terminate your ATP Science Influencer account at any time by sending us an email to info@atpscience.com stating your desire to terminate this Agreement.

Upon termination, you shall no longer receive free ATP Science products, and you must no longer use the hashtags #atpinfluencer or otherwise hold yourself out as affiliated with ATP Science.

MODIFICATION

ATP Science reserves the right to modify or discontinue the Program at any time (including by limiting or discontinuing certain products or features of the Program), temporarily or permanently, without notice to you. ATP Science will have no liability for any change to product offerings or the Program or any suspension or termination of your access to or participation in the Program.

Limitation of liability. To the fullest extent permitted by law, in no event will ATP Science be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your participation in, access to or use of, or your inability to access or use, the program or any materials or content provided through the program (including claims related to our privacy policy or other privacy or data security claims), whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not ATP Science has been informed of the possibility of damage.