Get excited, this is your Cowgirls Gathering Sponsored Rider Agreement!

This Sponsored Rider Agreement (“Agreement”) is entered into on this date, between Cowgirls Gathering (the Advertiser) and the Sponsored Rider (You).

Please read carefully the terms of this Sponsored Rider Agreement.  By participating in the Cowgirls Gathering Sponsored Rider Program, you agree to become a representative of Cowgirls Gathering (hereinafter referred to as a “Sponsored Rider”). You acknowledge and confirm that:

1. you have read, understand, and agree to be bound by the terms of this agreement, 
2. you have read all product warning labels,
3. you are 18 years of age or older, or you are 18 years or younger with parental consent, 
4. you have no medical condition that prevents you from using our products,
5. you reside and are authorised to work in Australia,
6. all products provided as part of this relationship may not be re-sold and,
7. you agree to hold Cowgirls Gathering, its officers, agents, assignees and employees harmless for any liability from any injury or damage arising from the use or promotion of any endorsed product. 

If you do not agree to all terms and conditions of this agreement, or if you do not meet all these criteria, you discontinue the process of becoming a Cowgirls Gathering Sponsored Rider.  You agree that when you become a Cowgirls Gathering Sponsored Rider to the terms and conditions of this agreement, you will “sign” this agreement electronically and you will be legally bound by the terms and conditions set forth below.

The Advertiser and the Sponsored Rider agree:

Appointment:  The Advertiser would like the Sponsored Rider’s assistance in promoting/offering/selling the Advertiser’s products sold under the Cowgirls Gathering family of brands via their social media accounts. By completing this agreement you agree you are not in conflict with any other Sponsor.

The Advertiser hereby appoints the Sponsored Rider as its representative on a non-exclusive, non-employee basis to endorse and promote its services to the target audience.   The Sponsored Rider will perform certain services in connection with Cowgirls Gathering on social channels, including but not limited to Twitter, Facebook, Instagram, YouTube, Google, Google+, Pinterest, SnapChat, Public/Private Lectures, Seminars, and Personal Appearances as listed in the Schedule of Services below.

Term:  This agreement shall have an initial term of the 2023 calendar year and will not automatically renew.  

Deliverables:  The Sponsored Rider will deliver the agreed number of posts on the agreed platforms on behalf of the Advertiser according to the delivery schedule below specified by the Advertiser. The Services shall conform to the specifications and instructions of the Advertiser as outlined in detail in the below Schedule of Services, abide by the rules of the relevant social media platforms, and are subject to the Advertiser’s acceptance and approval. 

Cancellation:  Either party may terminate this agreement upon ten (10) days prior written notice if the other party breaches this agreement and does not cure such breach within such time period. In addition to any right or remedy that may be available to the Advertiser under this agreement or applicable law, in addition, in the event that the Sponsored Rider has breached this agreement, the Advertiser may;

(i) immediately suspend, limit or terminate the Sponsored Rider’s access to any Advertiser account and/or,

(ii) instruct the Sponsored Rider to cease all promotional activities or make clarifying statements, and the Sponsored Rider shall immediately comply. 

Either party may terminate this agreement at any time without cause upon ten (10) days prior written notice to the other party.

Items to Avoid in Sponsored Rider Posts:  The Sponsored Rider agrees to abide by all guidelines set in and will post all blog posts, social media statuses, tweets, and/or comments should be in good taste and free of inappropriate language.  Future more, the Sponsored Rider agrees they will not post any content in relation to Cowgirls Gathering that:

1. is pornographic, sexually explicit or suggestive, or contains profanity or nudity;
2. is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
3. promotes illegal drugs and/or firearms/weapons (or the use of any of the foregoing);
4. promotes any activities that may appear unsafe or dangerous;
5. is obscene or offensive, or endorses any form of hate or hate group;
6. defames, misrepresents or contains disparaging remarks about other people or entities;
7. communicates messages or images inconsistent with the positive images and/or goodwill with which Cowgirls Gathering wishes to associate;
8. violates any law.

Approval and Content Origination:  The Sponsored Rider understands that all promotions and products they promote as part of this agreement are controlled by the Advertiser. The Sponsored Rider assumes all responsibility for verifying that the campaign materials used meet the Advertiser’s approval.   

Confidentiality and Exclusivity:  During the course of the Sponsored Rider’s performance of services for the Advertiser, the Sponsored Rider will receive, have access to and create documents, records and information of a confidential and proprietary nature to the Advertiser and customers of the Advertiser. 

The Sponsored Rider acknowledges and agrees that such information is an asset of the Advertiser or its clients, is not generally known to the trade, is of a confidential nature and, to preserve the goodwill of the Advertiser and its clients must be kept strictly confidential and used only in the performance of the Sponsored Rider’s duties under this Agreement. 

The Sponsored Rider agrees that he/she will not use, disclose, communicate, copy or permit the use or disclosure of any such information to any third party in any manner whatsoever except to the existing employees of the Advertiser or as otherwise directed by the Advertiser in the course of the Sponsored Rider’s performance of services under this Agreement, and thereafter only with the written permission of the Advertiser. 

Upon termination of this Agreement or upon the request of the Advertiser, the Sponsored Rider will return to the Advertiser all the confidential information, and all copies or reproductions thereof, which are in Sponsored Rider’s possession or control.

Ownership Rights: Sponsored Rider acknowledges that the results and proceeds of the services provided hereunder, including without limitation all ideas, photographs, images, themes, materials, and designs developed, created and/or provided by Sponsored Rider (the “Work”) owned by Cowgirls Gathering, for all purposes. 

To the extent that any Work is deemed not to be a work made for hire, and without limiting the foregoing, Sponsored Rider hereby assigns and transfers all right, title, ownership and interest therein, presently known or hereafter ascertained, including, but not limited to, all copyright rights therein, the right to secure the copyright (and all renewals, reissues and extensions thereof) throughout the world, without any restrictions as to use, to Cowgirls Gathering. 

For the sake of clarity, and without in any way limiting the foregoing, Cowgirls Gathering may reproduce, modify, adapt, create derivative works from, distribute, display, license, assign, transfer and/or otherwise use the Work, and all elements and derivatives thereof, in whole or in part, in all media now known or hereafter developed (including without limitation in social media, including without limitation Pinterest), worldwide, in perpetuity, royalty-free and without the restriction of any kind. 

Sponsored Rider acknowledges the ownership and validity of Cowgirls Gathering’s copyrights, brands, trademarks, trade dress and patent rights, whether or not created by or contributed to by Sponsored Rider.

Use of Likeness:  Sponsored Rider further grants Cowgirls Gathering the irrevocable right and permission to film, videotape, photograph and/or otherwise record Sponsored Rider and to reproduce, publish, distribute, display, broadcast, exhibit, and/or in any other way use Sponsored Rider’s image, likeness, signature, voice, photographs, name (including nicknames), actual and/or paraphrased statements, biographical information and/or any other information or attribute identifying and/or otherwise associated with Sponsored Rider(collectively, “Likeness”), in whole or in part, distorted, altered, modified and/or adapted in character and/or in form, alone and/or accompanied by other material, in perpetuity and royalty-free, for any purpose whatsoever, including without limitation for the purpose of advertising, publicity, promotion, and/or use for Cowgirls Gathering.

No Right of Approval:  Sponsored Rider hereby irrevocably waives any and all rights to inspect and/or approve Cowgirls Gatherings’ use of the Work and/or Sponsored Rider’s Likeness, including without limitation any text, image and/or other creative elements that may be used in connection with the Work and/or Sponsored Rider’s Likeness.

Compensation:  In full consideration of the Sponsored Rider’s performance, his / her obligations and the rights granted herein, the Sponsored Rider shall be compensated the agreed value upon between the Sponsored Rider and Advertiser.  The Sponsored Rider will otherwise perform the services at his/her own expense and use his/her own resources and equipment. The Sponsored Rider acknowledges that the agreed upon compensation represents the Sponsored Rider’s entire compensation with respect to this agreement and Cowgirls Gathering, the Advertiser shall have no other obligation for any other compensation to or expenses or costs incurred by the Sponsored Rider in connection with the performance of its obligations under this agreement.

Material disclosures and compliance:   When publishing posts/statuses about the Advertiser’s products or services, the Sponsored Rider must clearly disclose his/her “connection” with the Advertiser. The disclosure should be clear and prominent and made in close proximity to any statements that the Sponsored Rider makes about the Advertiser or the Advertiser’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. #CowgirlsGathering; #CG23Sponsored  

The Sponsored Rider’s statements should always reflect the Sponsored Rider’s honest and truthful opinions and actual experiences.  The Sponsored Rider should only make factual statements about the Advertiser or the Advertiser’s products that the Sponsored Rider knows for certain are true and can be verified.

Payment Terms:  Payment can be made by way of Gift Cards to the Cowgirls Gathering website to an email address provided by the Sponsored Rider.   These are due within seven (7) days and will be paid out on the acceptance of this contract and when the Sponsored Rider moves up in the Cowgirls Gathering Sponsored Rider Levels.  Sponsored Riders must sign up for an email account (if they don’t already have one) in order to receive their compensation. All compensations paid out that are not claimed within thirty (30) days will be automatically forfeited. 

Force Majeure:  If either party is unable to perform any of its obligations by reason of fire or another casualty, strike, act or order of public authority, the act of God, or other cause beyond the control of such party, then such party shall be excused from such performance during the pendency of such cause.

Independent Contractor:  The Sponsored Rider is retained as an independent contractor of the Advertiser. The Sponsored Rider acknowledges and agrees that; 

1. the Sponsored Rider is solely responsible for the manner and form by which the Sponsored Rider performs under this Agreement, and 
2. the Sponsored Rider is a self-employed individual, who may perform services similar to the services outlined in the attached Schedule of Services for various entities and individuals other than the Advertiser. 
3. the Sponsored Rider is responsible for the withholding and payment of all taxes and other assessments (if applicable) arising out of the Sponsored Rider’s performance of services, and neither the Sponsored Rider nor any of the Sponsored Rider’s employees nor independent clients shall be entitled to participate in any employee benefit plans of the Advertiser.

Choice of Law:  This Agreement shall be governed by the laws of the State of Queensland, without regard to its conflict of law’s provisions, and Sponsored Rider hereby irrevocably and unconditionally submits to the exclusive jurisdiction of the state and federal courts in Queensland in connection with any action, litigation or proceeding relating to the subject matter of this Agreement.

Entire Agreement:  This agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether written or oral, between the parties.

Modification:  We may change the terms and conditions of this Agreement in the future. Unless this Agreement or applicable law specifies otherwise, we will give you thirty (30) days prior notice of any significant change to this Agreement. If you find the change unacceptable, you have the right to terminate the Agreement. However, if you continue to receive the benefits of the Agreement after the end of the notice period of the change, you will be considered to have accepted the changes. 

You may not modify this Agreement by making any typed, handwritten, or any other changes to it for any purpose.