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Influencer Terms & Conditions


Overview

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

 

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

 

The Radix Nutrition Terms and Conditions and the Radix Nutrition Influencer Terms & Conditions (collectively, the “Terms” or “Agreement”) are a legally binding contract between you and Radix Nutrition. BY BECOMING A RADIX NUTRITION 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 Radix Nutrition Terms and Conditions are part of the Terms. The agreement requires you to resolve all disputes with Radix Nutrition on an individual basis within 30 days. If a dispute cannot be resolved directly with Radix Nutrition, 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 Radix Nutrition 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.

 

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 Radix Nutrition.

Radix Nutrition only ships to residents of Australia and New Zealand. 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 Radix Nutrition Influencer Program

The Radix Nutrition Influencer Program allows you to earn free Radix Nutrition products in exchange for Radix Nutrition Compliant Instagram posts.

 

First submit your application via the Radix Nutrition website.  

 

Link with your social media profile.

 

  • Your compensation for participating in the Program will only ever be Radix Nutrition products via accruing Radix Nutrition. You will not receive and agree that you are not entitled to receive any other compensation from Radix Nutrition. The products may not be resold or exchanged for other value.
  • You may post as many Radix Nutrition-Compliant posts as you wish during the term of this Agreement. However, Radix Nutrition will limit product rewards to a maximum of two compliant posts per month where the reward for the influencer will be $20 of Radix Credit per post. For as long as you are a Radix Nutrition Influencer, any post you make that refers to or relates to Radix Nutrition in any manner whatsoever, and regardless of whether you will use the post to obtain Radix Nutrition, it must be Radix Nutrition Compliant.
  • You and Radix Nutrition 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.


Radix Nutrition Compliant Posts

To receive a free Radix Nutrition product, your post must include a Radix Nutrition product. To be Radix Nutrition Compliant:

  • Your post must be a static post. Story posts are not supported at this time.
  • The image must contain you 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 physical environment) but it does need to be present.

 

  • If you describe the benefits or performance of the Radix Nutrition product, including your own personal experience with the product, your description must substantially mirror the language contained in the Radix Nutrition Influencer Marketing Content, available here.
  • If you make a health claim it must be an approved claim from the Radix Nutrition 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 Radix Nutrition compliant, please consult the Radix Nutrition Influencer Marketing Content, available here, 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 Radix Nutrition.
  • You must not show the name brand of any other products in your post.
  • You must tag every post with #fuelledbyradix - You may add other hashtags as well (provided they comply with the Terms), but #fuelledbyradix must always be the first and 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 FTC/ CCNZ guidelines for Social Media Influencers.
  • 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 Radix Nutrition 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, Radix Nutrition can evict you from the program.


Influencer Content

Subject to any other applicable rules or guidelines (including those provided by Instagram), and excluding any content from the Radix Nutrition 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. #fuelledbyradix ), you grant Radix Nutrition 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.

 

Radix Nutrition 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 Radix Nutrition and its licensees or sub-licensees, including other Radix Nutrition 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 Radix Nutrition to violate any law or regulation or otherwise cause liability for Radix Nutrition; 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.

 

Radix Nutrition 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. Radix Nutrition 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 Radix Nutrition determine that a post or Influencer Content is not Radix Nutrition Compliant, you shall, at Radix Nutrition 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 Radix Nutrition 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 Radix Nutrition products or accumulate points from posting), whether or not directly related to such violation without notice and without prejudice to any right of Radix Nutrition to recover damages in excess of this amount.


Radix Nutrition 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 Radix Nutrition 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 Radix Nutrition or an Radix Nutrition product, you will state that those customers must contact Radix Nutrition 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 Radix Nutrition. 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, Radix Nutrition 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. Radix Nutrition 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 Radix Nutrition does not warrant that any of those issues will be corrected.

No advice or information, whether oral or written, obtained by you from Radix Nutrition will create any warranty regarding Radix Nutrition, 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 Radix Nutrition 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. Radix Nutrition 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 Radix Nutrition 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 Radix Nutrition Influencer and continues until Radix Nutrition 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 Radix Nutrition Influencer account at any time by sending us an email to info@radixnutrition.com stating your desire to terminate this Agreement.

 

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


Modification

Radix Nutrition 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. Radix Nutrition 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 Radix Nutrition 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 Radix Nutrition has been informed of the possibility of damage.

 

 

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