This Sponsor Agreement (this "Agreement") is made effective as of today’s date, by and between NOOZ, Inc. (NOOZ”) of Wilmington, NC and the Sponsor (“Sponsor”).
WHAT IS NOOZ? NOOZ is a news and opinion video platform where NOOZcasters post content to their personal NOOZ channels. Hyper-local in focus, NOOZ promotes local NOOZcasters and their stories within their community.
DESCRIPTION OF SERVICES. Beginning today, NOOZ will commence its Sponsor Program for your business where is has its NOOZcasters (local social media influencers for NOOZ) promote your business to their friends on social media through Shoutouts and short Referral Ads in their videos.
The cost of your Sponsorship is $100 per NOOZcaster sponsored.
• Your Sponsorship supports a local NOOZcaster
• Assigned Casters fit your biz demographics
• Casters paid to refer their friends to your biz
• Get random shoutouts within videos (authentic)
• Get short referral ads to your biz
• Get 1-min + intro video story about your biz
• NOOZcasters post average 2 x’s per week
• NOOZcasters share videos to Social Media friends/followers
• NOOZ promotes their best videos around town
• Receive Analytics Report of # views each month
• Dashboard to view Casters, Referral Ads, $ cost
• Includes your own personal or business channel
COST. The cost of your Sponsorship is $100 per month for each NOOZcaster sponsored. NOOZcasters are paid 50% of your Sponsor cost, and NOOZ spends up to an additional 20% promoting their videos around town.
TIMELINE TO GET YOUR NOOZCASTERS POSTING. Upon activating your Sponsor Program by completing this agreement, NOOZ will begin promoting your business on Facebook and Instagram within 4 business days. NOOZ will also begin recruiting, training, and assigning local NOOZcasters to your business. They will be assigned within 30 days, when they begin to make their own video posts that will promote your business to their social media friends and followers.
TERM OF AGREEMENT. There is no term to this agreement. You may cancel at any time. However, we suggest that you give NOOZ and your NOOZcasters at least 90-120 days to make an impact for your business.
REFUND POLICY. NOOZ does not do refunds on sponsoring and advertising billing. Simply cancel this agreement within 72 hours of the next charge on your card on file.
Thank you for supporting local NOOZcasters who are going to make a difference in your community as they help brand and promote your business.
This NOOZcaster Agreement (this "Agreement") is made effective as of today’s date, by and between NOOZ, Inc. (NOOZ”) of Wilmington, NC and the NOOZcaster (“NOOZcaster”).
1. DESCRIPTION OF SERVICES. Beginning today, NOOZ will allow the NOOZcaster to have their own channel on the NOOZ platform, post videos that comply with the Terms of Service, share those videos with social media friends, and to be paid commissions for providing NOOZcaster services for Sponsors of NOOZcasters as well as for enrolling local businesses (Sponsors) into the NOOZ advertising system. Furthermore, the NOOZcaster has the right of control over how the NOOZcaster will perform the services. NOOZ does not have this right of control over how the NOOZcaster will perform the services. However, NOOZ will provide guidance and suggestions on the most effective methods for NOOZcasters to perform their services.
2. Ownership of Content. The NOOZcaster owns all the content they post on the NOOZ platform. See the Terms of Service “(2) Sharing Your Content and Information” on the NOOZ platform for more details.
3. PAYMENT FOR SERVICES. NOOZ will pay compensation to the NOOZcaster for certain services, such as agreeing to be sponsored by an advertiser (Sponsor) and for enrolling Sponsors into the NOOZ advertising system. Commissions earned will be made according to the Commission Splits chart posted on the website NOOZ.tv on the Get Paid page. NOOZ may decide to change the commission structure at its own discretion and at any time. NOOZ pays commissions to NOOZcasters via direct deposit into a bank account, but may choose to pay other ways, such as by check, prepaid debit card, or other. No other fees and/or expenses will be paid to the NOOZcaster, unless such fees and/or expenses have been approved in advance by the appropriate executive on behalf of NOOZ in writing or text. The NOOZcaster shall be solely responsible for any and all taxes, Social Security contributions or payments, disability insurance, unemployment taxes, and other payroll type taxes applicable to such compensation. NOOZ will issue the NOOZcaster a 1099.
4. TERM/TERMINATION. This Agreement may be terminated by either party upon 30 days' written notice to the other party. The NOOZcaster may, at their own discretion, decide to accept an assignment from NOOZ to cover an event under mutually agreed to terms. NOOZ has no right to assign services to the NOOZcaster other than as specifically contemplated by this Agreement. However, the parties may mutually agree that the NOOZcaster shall perform other services for the NOOZ, pursuant to the terms of this Agreement. NOOZ reserves the right to change its expectations of NOOZcaster performance and may, at its own discretion, require certain duties of the NOOZcaster in order for the NOOZcaster to earn commissions.
5. RELATIONSHIP OF PARTIES. It is understood by the parties that the NOOZcaster is an independent contractor with respect to NOOZ, and not an employee of NOOZ. NOOZ will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the NOOZcaster. It is contemplated that the relationship between the NOOZcaster and NOOZ shall be a non-exclusive one. The NOOZcaster may also perform services for other organizations and/or individuals. NOOZ has no right to further inquire into the Contractor's other activities, unless NOOZ believes the NOOZcaster is somehow violating terms of this agreement, such as the Confidentiality clause or the Terms of Service Agreement.
6. NOOZ’S CONTROL. NOOZ has no right or power to control or otherwise interfere with the NOOZcaster’s mode of effecting performance under this Agreement. NOOZ’s only concern is the result of the NOOZcaster’s work, and not the means of accomplishing it. Except in extraordinary circumstances and when necessary, the NOOZcaster shall perform the Services without direct supervision by NOOZ.
7. TRAINING. The NOOZcaster may or may not participate in any training that NOOZ may offer. Training videos will be available on the NOOZ Academy page for the benefit of the NOOZcaster in building their personal brand.
8. PERSONAL SERVICES. The NOOZcaster may or may not offer their personal services to NOOZ, including the posting of any content. However, to earn a commission as a NOOZcaster assigned to a Sponsor, one requirement is that the NOOZcaster share their NOOZ videos to their personal social media pages for their friends to see.
9. NO LOCATION ON PREMISES. The NOOZcaster has no desk or other equipment either located at or furnished by NOOZ. There are no territories for NOOZcasters. NOOZcaster services are not integrated into the mainstream of the NOOZ’s business.
10. NO SET WORK HOURS. The NOOZcaster has no set hours of work. There is no requirement that the NOOZcaster work full time or otherwise account for work hours.
11. EXPENSES PAID BY NOOZcaster. The NOOZcaster's business and travel expenses are to be paid by the NOOZcaster and not by NOOZ.
12. OWNERSHIP OF SOCIAL MEDIA CONTACTS. Any social media contacts, including "followers" or "friends," that are acquired through accounts (including, but not limited to email addresses, blogs, Twitter, Facebook, Instagram, or other social media networks) used or created on behalf of NOOZ or the NOOZ platform are the property of NOOZ.
13. CONFIDENTIALITY. NOOZcaster may have had access to proprietary, private and/or otherwise confidential information ("Confidential Information") of NOOZ. Confidential Information shall mean all non-public information which constitutes, relates or refers to the operation of the business of NOOZ, including without limitation, all financial, investment, operational, training, personnel, sales, marketing, managerial and statistical information of the Recipient, and any and all trade secrets, customer lists, or pricing information of NOOZ. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential. The NOOZcaster will not at any time or in any manner, either directly or indirectly, use for the personal benefit of the NOOZcaster, or divulge, disclose, or communicate in any manner any Confidential Information. The NOOZcaster will protect such information and treat the Confidential Information as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, the NOOZcaster will return to NOOZ all Confidential Information, whether physical or electronic, and other items that were used, created, or controlled by the NOOZcaster during the term of this Agreement. This Agreement is in compliance with the Defend Trade Secrets Act and provides civil or criminal immunity to any individual for the disclosure of trade secrets: (i) made in confidence to a federal, state, or local government official, or to an attorney when the disclosure is to report suspected violations of the law; or (ii) in a complaint or other document filed in a lawsuit if made under seal.
14. NO RIGHT TO ACT AS AGENT. An "employer-employee" or "principal-agent" relationship is not created merely because (1) the NOOZcaster has or retains the right to supervise or inspect the work as it progresses in order to ensure compliance with the terms of their duties or (2) NOOZ has or retains the right to stop work done improperly. The NOOZcaster has no right to act as an agent for NOOZ and has an obligation to notify any involved parties that it is not an agent of NOOZ.
15. ENTIRE AGREEMENT. This Agreement, including the accompanying Terms of Service Agreement, constitutes the entire contract between the NOOZ and the NOOZcaster. All terms and conditions contained in any other writings previously executed by the parties regarding the matters contemplated herein shall be deemed to be merged herein and superseded hereby. NOOZ may, at its own discretion, decide to modify this Agreement at any time.
16. WAIVER OF BREACH. The waiver by NOOZ of a breach of any provision of this Agreement by the NOOZcaster shall not operate or be construed as a waiver of any subsequent breach by NOOZcaster.
17. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
18. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of North Carolina, and any legal action by either party must be in New Hanover County, North Carolina.
19. SIGNATURE. By clicking “I Accept”, the NOOZcaster agrees to the terms of this agreement as well as the Terms of Service Agreement posted on the NOOZ platform.