INFLUENCER AND SOCIAL MEDIA POLICY
Last Updated: October 3, 2022
The following Influencer and Social Media Policy (this “Policy”) applies when posting on social media, blogging or otherwise making statements (written or verbal) about the LA3C Festival (the “Event”) or about LA3C, LLC or any of its affiliates, partners, licensees, designees, representatives and agents (collectively, “LA3C”, “we”, “us”, “our”), at the request of LA3C or when LA3C has provided you or offered to provide you, directly or indirectly, with free or discounted tickets to the Event or another incentive in connection with the Event (collectively, “Posting” or “Post”). For purposes of this Policy, any Posts you make and any content or information contained therein shall be referred to herein as “Influencer Content”.
- FTC Compliance. You are responsible for complying with all relevant Federal Trade Commission (“FTC”) regulations and guidelines in connection with your Posts, including the following:
(a) Guides on the Use of Endorsements and Testimonials in Advertising, available at http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf;
(b) .com Disclosures: How to Make Effective Disclosures in Digital Advertising, available at https://www.ftc.gov/tips-advice/business-center/guidance/com-disclosures-how-make-effective-disclosures-digital, and
(c) Native Advertising: A Guide for Businesses, available at https://www.ftc.gov/tips-advice/business-center/guidance/native-advertising-guide-businesses?utm_source=govdelivery (collectively, the “Guidelines”).
You must, clearly and conspicuously, disclose your relationship with LA3C and the Event by using FTC-approved disclosures (such as #ad or #sponsored) at the beginning of all Posts. You will ensure that all of your disclosures are obviously visible to anyone who visits the applicable website, platform or service containing your Posts. A reader must not have to scroll or otherwise search for the disclosure.
- Grant of Rights; Consents; Ownership.(a) Influencer Content. You hereby grant LA3C and its respective parents, subsidiaries, affiliates, licensees, successors, and assigns (the “Licensed Parties”) the right to publish, copy, distribute, exhibit and use the Influencer Content for any purposes in connection with the Event, including, but not limited to, advertising, promotional, publicity and editorial purposes, in any and all media, whether now known or hereinafter created, without additional compensation and without limitation, in all territories throughout the world, in perpetuity.
(b) Use of Name, Image, Likeness. You hereby consent to the use by the Licensed Parties of, and grant the Licensed Parties the right to use, your image, likeness, biography, voice, name, trade names (including any social media handles and/or blog names), appearances and performances (together, your “Likeness”) in and in connection with the production, exhibition and exploitation of all components and elements of the Influencer Content and the Event, including, but not limited to, advertising, promotional, publicity and editorial purposes, in any and all media, whether now known or hereinafter created, without additional compensation and without limitation, in all territories throughout the world, in perpetuity.
(c) LA3C Content. If you appear or perform in any content produced by LA3C (“LA3C Content”), the above grant and consent in Paragraph 2(b) with respect to your Likeness shall apply with respect to the LA3C Content. For the avoidance of doubt, you acknowledge that all right, title and interest in and to LA3C Content belongs to LA3C, and you waive any right to inspect or approve LA3C Content.
- Representations and Warranties.
You represent, warrant and agree as follows with respect to the Influencer Content:
(a) the Influencer Content will not defame, misrepresent or disparage the Event or LA3C;
(b) the Influencer Content will reflect your honest opinions, findings, beliefs, or experiences with respect to the Event and LA3C, and will not contain any statements or representations about the Event or LA3C that are misleading, deceptive or untrue;
(c) the Influencer Content will clearly and prominently disclose your relationship with Client in the manner described in Section 2 below (FTC Compliance);
(d) other than elements provided by LA3C, the Influencer Content shall be your own original, previously unpublished work, created solely by you, and will not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any third party;
(e) the Influencer Content shall not contain content which is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, or obscene;
(g) the Influencer Content shall comply with all applicable laws, rules and regulations, including, but not limited to, those described in Section 2 below;
(h) you have acquired all rights and licenses necessary to grant the rights, licenses, waivers and releases to LA3C hereunder, including but not limited to any individual whose name, voice and/or likeness appears in any Influencer Content; and
(i) LA3C’s uses of the Influencer Content as authorized hereunder will not result in payment liabilities to any third parties.
- Indemnification and Release.
You will indemnify, defend, and hold harmless the Licensed Parties and their respective directors, officers, employees, representatives and agents (the “Covered Parties”) against all third-party claims, demands, actions, liabilities, damages and expenses, including reasonable legal fees, arising out of or in connection with the breach or alleged breach of any of your obligations, representations or warranties hereunder or otherwise in connection with the creation or posting of the Influencer Content.
In addition, you and your heirs, executors, administrators, employers, agents, representatives, insurers, and attorneys hereby release and forever discharge the Covered Parties from any and all claims and causes of action arising out of or related to the use of the Influencer Content or any LA3C Content as authorized hereunder, including without limitation any claims for defamation, invasion of privacy, misappropriation, violation of publicity rights, or copyright or trademark infringement, or any liability for any accident, illness, injury, loss, or damage to personal property. Further, the Covered Parties assume no responsibility for any liability, damage, or injury that may be caused by your negligent or intentional acts or omissions committed prior to, during, or after the Term of this Agreement, or for any liability, damage, or injury caused by the intentional or negligent acts or omissions of others.
- Removal of Content.
By Posting at the request of LA3C or by accepting any incentive from LA3C to Post, you agree that, upon notice from LA3C that it finds any portion of the Influencer Content objectionable or violates the terms of this Policy, you will immediately remove or take down such Influencer Content. Even if we do not notify you, we expect that you will promptly remove any content for which you receive a legitimate complaint, or which you later become aware may be violate someone’s intellectual property or other rights or may be in violation of a law or regulation.
If you receive or become aware of information about LA3C or the Event that is not known by the general public or is subject to a Non-Disclosure Agreement, do not include such information in your Posts and do not otherwise disclose it to anyone. To the extent you have any question whether information is confidential in nature, either contact LA3C directly before disclosing such information or otherwise err on the side of caution and do not disclose the information. Please refer all media inquiries regarding LA3C or the Event to email@example.com.