Incubators & Accessories
Egg & Chick Handling
DIY Incubation Equipment
Starter Kits
Chick Brooders & Accessories
Grow Out Pens & Accessories
Breeding Cage Systems
Nesting Boxes & Accessories
Feeders & Waterers
Egg Collection
Poultry Slat Flooring
Processing Equipment
Feather Pluckers & Plucking Fingers
Transport Coops
Quail Starter Kit
Quail Semi-Pro Kit
Quail Professional Kit
Quail Pro Plus Kit - End To End Process
Quail Egg Scissors
Gift Cards
Social Media Influencer - Terms and Conditions
Social Media Influencer Program
Terms and Conditions
THE PARTIES, INTENDING TO BE LEGALLY BOUND, AGREE AS FOLLOWS:
1. Agreement.
(a) The Parties agree to be bound by the terms and conditions set forth herein. Content Creator shall provide to HATCHINGTIME Entries from the events, stories, and/or subjects agreed to by the Parties.
(b) Content Creator agrees to provide the following Entries and post on their respective social channels (ei: Facebook, Instagram, Youtube, etc). Please also send all content to HATCHINGTIME via wetransfer.com. Tag all products and accounts when posting.
- Step by Step Videos (1-5 Min Vertical Videos)
- Unboxing product
- Setting up product
- Using product
- Any content you see as helpful to your audience
- Cleaning
- Recap Video (5-10 Min Horizontal Video)
- Summarize your experience
- Answer the question: What did you like the most?
- Instagram / Facebook (tag @hatchingtime)
- Post (10-20) stories over 2 months
- Post (1) photo once you have received the product
- Post (1) reel about a quick review at the end of brooding
- Post (3) reels throughout the remainder of the year showcasing our product, when appropriate.
- YouTube (if applicable)
- Post the following:
- Unboxing video
- Recap video
- Blogging (if applicable)
- Post videos and photos under your blog section of your website, where applicable. Podcasts are also welcome.
(c) Content Creator agrees to meet all deadlines for submissions and editing provided by HATCHINGTIME. If, for any reason, Content Creator cannot do so, he or she must provide reasonable notice of such failure or delay to HATCHINGTIME. Any failure to meet deadlines may result in non-publication and/or termination of this Agreement by HATCHINGTIME.
(d) Upon submission of the Entry, HATCHINGTIME will review and edit the form and substance of the Entry (if necessary). Content Creator will be provided with feedback and comments based upon such review. Within seven (7) days of receiving feedback and comments from HATCHINGTIME, Content Creator must re-submit his or her Entry with appropriate edits and changes. Failure to comply with HATCHINGTIME’s edits and comments may result in non-publication and/or termination of this Agreement at HATCHINGTIME’s sole discretion.
(e) If, as part of Content Creator’s Entry, Content Creator receives free samples, discounts, or compensation otherwise, from HATCHINGTIME or a third party (including sponsors, partners, or other interested parties), Content Creator is encouraged to expressly state such benefits in his or her Entry.
(f) HATCHINGTIME reserves the right to make all final editing and publishing decisions.
(g) HATCHINGTIME reserves the right, without prior notice, to refuse publication of any or all Entries for any reason.
(h) Content Creator is under no obligation whatsoever to provide HATCHINGTIME with ideas for Entries. However, such unsolicited ideas are encouraged for assignments and Entries by HATCHINGTIME from time to time. HATCHINGTIME reserves the right to pursue and develop such ideas for future content and Entries as it sees fit. Such ideas may or may not be assigned to Content Creator. HATCHINGTIME has no obligation to compensate Content Creator for unsolicited ideas or enter into any further agreements for such ideas.
(i) By submitting, posting or displaying content through HATCHINGTIME, which is intended to be available to members of the public, Content Creator grants HATCHINGTIME a worldwide, non-exclusive, royalty-free license to produce, publish, and distribute Entries on HATCHINGTIME’s website and its affiliated media. Content Creator may post HATCHINGTIME branded content on their own website or platform.
(j) Content Creator represents and warrants that the Entry provided to HATCHINGTIME under the terms of this Agreement is the Content Creator’s original work; that the Entry is not owned by any third party; that the Entry is accurate; that the Entry has not been obtained by illegal means; that the Entry has not previously been published in any manner or medium, including, but not limited to print or electronic means; and that publication of the Entry by HATCHINGTIME will not violate any copyright or other rights of any third party.
(k) Content Creator shall not supply Content Creator’s Entries to any third party, including, without limitation, any competitor of HATCHINGTIME. This provision shall survive termination of this Agreement.
(l) Content Creator agrees to make a good faith effort to market and advertise HATCHINGTIME and the Content Creator’s authorship for HATCHINGTIME. These efforts shall include, but are not limited to, marketing and advertising on websites, blogs, commercial videos, and social and professional networking websites such as Facebook, Twitter, Instagram, YouTube and LinkedIn. If Content Creator posts “links” to his or her Entries online, Content Creator must mention “HATCHINGTIME” by name and provide a direct link to the HATCHINGTIME page where the Entry is published.
2. Term and Termination. This Agreement shall be in effect until Content Creator or HATCHINGTIME terminates the Agreement, in writing, and such writing is received by the other party. Notices sent electronically shall be deemed received on the date of electronic transmission.
3. Compensation
(a) Content Creator shall receive one (1) free ___________________________ from HATCHINGTIME for the Entry.
(b) Content Creator shall be responsible for all costs and expenses associated with authorship of the Entry and for all equipment Content Creator may need to fulfill Content Creator’s obligations under this Agreement. The Parties agree that no monetary reimbursement will be made in connection with Content Creator’s services under this Agreement.
4. Relationship Between the Parties. Content Creator is an independent contractor, and the Parties neither intend nor wish to enter into an employment relationship. Content Creator agrees to perform his or her services under this Agreement in conformity with the requirements of all applicable state and federal laws and regulations and in accordance with currently approved methods and standards of practice and applicable professional codes of ethics. Content Creator shall be solely responsible for his or her own compliance with all applicable laws. Nothing in this Agreement shall be construed as creating a single enterprise, joint venture, employment relationship, or joint employment relationship between Content Creator and HATCHINGTIME. As to each other, each party is independent and neither party has the authority to represent or obligate the other in any way or to any extent whatsoever.
5. Equitable Relief. In the event of a breach or threatened breach by Content Creator of any provision of the Agreement, HATCHINGTIME shall be entitled to injunctive or other equitable relief to prevent such breach. Resort by HATCHINGTIME to equitable relief shall not be construed as a waiver by it of any other rights it may have for damages or otherwise. This provision shall survive termination of this Agreement.
6. Non-Waiver. The failure of HATCHINGTIME to exercise any of its rights under this Agreement shall not operate as a waiver, and HATCHINGTIME is free to exercise the same or any other right under this Agreement at any time, including after termination of this Agreement.
7. No Guarantee of Future Services. Content Creator understands and agrees that nothing in this Agreement guarantees the future use of Content Creator outside the scope of this Agreement by HATCHINGTIME, and that continued services outside the scope of this Agreement are dependent upon continued satisfactory performance and the needs of HATCHINGTIME.
8. Indemnification. Content Creator agrees to indemnify fully and save harmless HATCHINGTIME, and each of its officers, directors, agents, members and employees, of and from any liability or loss (including reasonable attorneys’ fees) arising out of: (i) all claims, demands and causes of action, brought by any other person or entity based upon any dispute relating to breach of any representation or warranty or any other provision of this Agreement by Content Creator; (ii) any third party claims as a result of a negligent act or negligent omission or intentional misconduct of Content Creator or any of its officers, agents or employees in Content Creator’s performance of this Agreement, or in the provision of the services contemplated hereunder; (iii) any third party claims of infringement of any trademark, service mark, trade name, copyright or other intellectual property right arising out of any authorized use of the images or photographs as granted and approved hereunder; and (iv) any third party claims arising out of Content Creator’s failure to conform its promotions with all governing federal, state, local, and international laws. Content Creator’s indemnity obligations shall survive termination of this Agreement.
9. Choice of Law. The validity, interpretation and performance of this Agreement shall be controlled and construed under the laws of the State of Delaware. No provision of this Agreement shall be construed against or interpreted to the disadvantage of any party by any court or other governmental or judicial authority or mediator or arbitrator by reason of any party having or being deemed to have structured or dictated such provisions.
10. Section Headings. The section headings contained in this Agreement are inserted as a matter of convenience and shall not form a part hereof to be used in any manner to construe any clause or clauses of this Agreement.
11. Severability. It is expressly agreed by both Content Creator and HATCHINGTIME that the various covenants of this Agreement are reasonable in content and scope, but if a court of competent jurisdiction should determine that any part of this Agreement is not fully enforceable, then the unenforceable portion is to be severed from the main Agreement and the remainder is to be enforced to the full extent of applicable law.
12. Assignment. This Agreement is entered into by HATCHINGTIME because of the special knowledge and expertise of Content Creator. Accordingly, Content Creator may not assign any rights or obligations under this Agreement.
13. Entire Agreement; Alteration. This writing contains the Parties’ entire agreement. No representations were made or relied upon by any party, other than those that are expressly set forth herein. No agent, employee or other representative of any party is empowered to amend any of the terms hereof, unless done in writing and signed by an officer of the respective party. This Agreement contains a final, complete and exclusive Agreement of the Parties pertaining to its subject matter and supersedes all prior written and oral agreements pertaining hereto.
14. Fees and Costs. In the event of any action or proceeding to declare or enforce the terms of the Agreement (including the documents and instruments referred to herein), the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs, at trial and appellate level including bankruptcy actions and actions for relief from the automatic stay in addition to any other relief that may be granted. The product must also be returned to HATCHINGTIME.
