Influencer Program Terms

The following Influencer Program Terms (the “Agreement”) of our Influencer Program (the “Program”) is by and between Playful Pitch (the “Brand”), which may be referred to as  “we”, “us” and “our”, and the Influencer/Ambassador (the “Creator”), which may be referred to as “you” or “your”. The Brand and the Creator may each be individually referred to as a “Party” and collectively as the “Parties”. 

The Agreement will be in effect after the Creator’s application has been approved by the Brand via a ‘Welcome’ email, and as per the Creator’s continued use of, or access to, the website or content belonging to the Brand, in order to benefit from the Program. 

Additionally, the Program is hosted on the Shopify Collabs App (“Collabs”), part of Shopify Inc, and both the Brand and the Creator are required to have a free account with Collabs in order to participate. By participating in this Program, the Brand and the Creator agree to the Shopify Collabs Terms of Service

Furthermore, the Brand and the Creator agree to collaborate and enter into in a relationship as follows:

1. Purpose

The Brand approves the Creator to promote and endorse the Brand’s products via social media to the Creator’s audience/ followers, on a non-exclusive, non-employee basis.  The Creator will be able to generate custom links to products, promote and integrate them naturally into content across various platforms, monitor impact using the Collabs dashboard to track performance, conversion, visits, sales, and earnings, and get paid automatically. 

2. Compensation Structure 

Compensation is limited to free products that are conditioned upon an initial sales number, and an affiliate commission structure made up of Program tiers, where Creators are placed into a specific Program tier (the “Program tier”). The Brand reserves the right to adjust the below outlined welcome offer, at any time, or for any individual Creator, however Creators already approved within a Program tier will be notified of changes affecting their Program Tier, and have the option to continue participating or not. All referral sales prior to any change within a Creators’ Program tier will be honored, and paid out via the Shopify Collabs Terms of Service. 

Unless otherwise offered/adjusted in the welcome offer email, or any Addendums to this Agreement, the Brand will offer the Creator the following compensation:

Welcome Offer: 

  • 2-tier commission structure ranging from 10-15%, with commissions starting on your first sale generated from your unique affiliate link.

    • Program Tier 1: 10% for your first 10 sales 

    • Program Tier 2: 15% for all your sales after that

    • Bonus - Get 5 Sales in your first month to unlock free products, and jump to: Tier 2: 15% commissions

  • Free Products unlocked after your first 5 sales, via the following options: 

    • Note: Free Products are in addition to commissions earned, which starts from your first sale.

    • As a small company we are unable to offer 100% free products upfront, however we can offer a 50% discount on our products for you to start promoting with us, and we’ll reimburse you the full 100% of products purchased after your first 5 sales.  

    • Alternatively, you may begin promotions using our photo/brand assets (link below), and after 5 sales, you’ll be able to access Free Products for continued promotions from our pitch bar, ukulele, recorder, or percussion collections. 

    • If you already have some of our products, then GREAT - you can start promoting using our products that you already have! You’ll still be able to access Free Products from our collections. 

    • Upon approval of a creator application, we reserve the sole right to offer all, or any one option from the above options for receiving Free Products based on the Creator profile and/or application.  

  • Link Attribution Window: 90 days

    • When a customer clicks an affiliate link, any orders within this time period will be tracked as conversions for the affiliate that owns the link.

    • We offer a generous window so that Creators have time to nurture their audience, especially for longer forms of content like featured blogs, articles, and videos.  

  • Links: playfulpitch.com/YOURCODE

  • Additional opportunities for collaborations 

    • In the event the Brand and the Creator decide to pursue additional collaboration opportunities, where specific services and content creation are required by either Party, an Addendum to this Agreement between the Parties will be added for that Creator.

3. Payment Terms: 

Commission payments earned by Creators will be processed automatically. Payment will be made via automatic payouts through Collabs automatic payments service. The payment holding period for our Program is 45 days. This is the time commission payments are held before the next billing period, and is used to cover any disputes, returns or chargebacks. Learn more about automatic payments here

4. Independent Contractor

The Creator is a self-employed contractor, responsible for his/ her own tax and other legal obligations. We may be required to collect a W9 form from you, in order to continue payouts beyond $600 per year. If any Creator doesn't submit a requested W9 form, then payouts to that Creator are limited to $599.99 USD per year, as per the terms of Collabs.   

The relationship between the Brand and the Creator shall not be construed to create a legal partnership or any other fiduciary obligations between the Parties, and the Parties do not intend to share liability or have the authority to act on behalf of each other as partners would. Furthermore, the Agreement does not obligate either Party to conduct business exclusively with the other Party. 

5. Content & Deliverables 

The Creator will create and publish promotional content for the Brand (the “Content”), as set out in the Guidelines for Promoting Our Brand & Products (the “Guide”), which is a collection of tips, phrases, images, and resources that has proven results to promote our instruments. Other Brand assets we share to help you with the Content includes: Access to our Photos and Brand Assets, and Copy & Paste Promotional Phrases, collectively referred to as the “Branded Assets”. 

You may choose phrases and images from the Branded Assets that speak to you (easy, copy-paste downloads to make it simple to add to the Content), OR use the Guide to inspire your own way of talking about our products to your audience, who already knows you, and loves your style.  

For best results, since the compensation structure for the Creator is primarily commission based, each Content publication should include the Creator’s:

  • Affiliate links

  • Promo codes for your audience (to aid in conversions) 

  • The Brand’s social media handle - @playfulpitch 

  • Hashtags - examples listed in our Copy & Paste Promotional Phrases

There are no set Deliverables that the Creator must submit, however it’s in the best interest of the Creator to take advantage of the commission based structure that we offer. The Creator may decide how often or how long their Content can be in order to achieve the best results to boost their commissions. The Creator may also post Content on multiple social media channels, platforms, blogs, email lists, etc, in which they own and control, or can legally post to without violating any third party’s rules and terms.

The Content is not subject to the Brand’s approval prior to posting, therefore, the Creator agrees NOT to post any Content that is offensive or disparaging to the Brand’s professional image and/or Content that goes against the teachings of Catholic doctrine. If any such Content is posted, the Brand reserves the right to rescind the Content approval and request for the Content to be removed. If the Creator does not agree and decides to keep the Content up, the Brand reserves the right to terminate the Creator from the Program. 

6. Usage Rights

The Brand understands and agrees that the Creator is the owner of the Content, except for Content where the Creator solely, and materially uses the Branded Assets and/or the Guide. The Brand also agrees that the Content may include other brands that the Creator may be featuring,  however the Content in these cases, must include at least one of the Brands pros and unique selling points (as seen in the Brand’s Guide), so that other brands featured shall not unfairly disparage the Brands products.   

The Creator understands and agrees that nothing in this Agreement will be construed to grant the Creator any rights in the intellectual property of Brand featured in any of the Creator’s Content, including without limitation any trademarks, logos, designs, images, videos, and other copyrighted materials, all of which remains the sole and exclusive property of the Brand. 

The Brand may share Content published by the Creator on the Brand’s social media, but only while maintaining the Creators’ affiliate links to the Brand’s website/products. For all other usage rights that do not contain the Creator’s affiliate link to the Brand’s website/products, the Parties will discuss and work out the subsequent usage rights and repurposing of the Content. 

7. Disclosure and Compliance

Creators must disclose their relationship with the Brand when promoting their products or services, following FTC guidelines. Include a disclosure identifying the nature of your connection with Playful Pitch, and follow posting guidelines such as: be transparent, place the disclosure near the link, use friendly language, and be concise. You can use examples of phrases to create a more positive tone, such as:  

  • "if you decide to purchase using my link" or "by clicking this link, you can support my work” 

  • “Buy here (via my affiliate link)”, or “This link may earn me a small commission if you purchase”

  • #ad, #sponsored, or “includes a promotion”  or “includes affiliate links” 

8. Term & Termination

This Agreement is ‘at will’ and either the Brand or the Creator may terminate this Agreement at any time, with or without cause, and with or without prior notice, therefore, the Agreement will continue in force unless and until terminated by either you or us.

You may terminate the Agreement at any time by ceasing to use Collabs or any part of our Program, or by notifying us that you no longer wish to use any part of our website, our content, or Collabs and therefore, no longer participate in the Program. 

If, in our sole judgment, you fail to comply with any term or provision of this Agreement, we also may terminate the Agreement at any time without notice and accordingly may deny you access to the Program, or Collabs, or any part thereof.

The obligations and liabilities incurred prior to the termination date shall survive the termination of the Agreement for all purposes.

9. Dispute Resolution & Governing Law 

If either Party desires to continue working together in the Agreement, however, a condition of this Agreement or part of it is declared invalid, this circumstance will not affect the validity of the remaining conditions of the Agreement. In such a case, the Parties mutually agree that they will work in good faith to amend the invalid condition with another as close as possible to what the Parties initially intended.

Notwithstanding the termination clause above, if the Parties disagree on a material issue and cannot agree on a mutually satisfactory decision or solution, then a deadlock shall be deemed to have occurred. If a deadlock occurs, the Parties accept and understand that they will engage firstly in Mediation. 

If the Parties still cannot reach a resolution via Mediation, the Parties shall seek to resolve via Arbitration, and the Agreement will be governed by and construed in accordance with the laws of the State of Ohio, which shall have exclusive jurisdiction over any dispute, difference or claim arising out of or in relation to this Agreement, and without regard to the principles of conflict of laws.