Terms of Conditions
Overview
The Company is engaged in the manufacture and sale of electronic devices and accessories that intend to expand its reach for recognition and sales. The Brand Ambassador/Affiliate/Long-Term Partner is a recognized personality and in a position of influence providing reviews and advocating efficient electronic appliances.The Parties agree and acknowledge that the Brand Ambassador/Affiliate/Long-Term Partner shall perform promotion services in connection with Pengo through Pengo’s social media channels, including but not limited to Facebook, Instagram, Youtube, Twitch, Twitter, among others.
Compensation Agreement
As full compensation and consideration for the full and complete performance of all the work and other obligations under this Agreement and all costs, the parties affirm that the collaboration is a win-win partnership between Pengo and the Brand Ambassador/Affiliate/Long-Term Partner. Hence, both parties do not have to pay for one another. Whilst, Pengo will provide free products occasionally upon the fulfilment of the duties and obligations of the Brand Ambassador/Affiliate/Long-Term Partner according to appendix A.
Product Use and Ownership
The Brand Ambassador/Affiliate/Long-Term Partner shall be provided limited products by the Company at no expense for the benefit of the Brand Ambassador/Affiliate/Long-Term Partner. The Brand Ambassador/Affiliate/Long-Term Partner agrees that in such provision of products, the Brand Ambassador/Affiliate/Long-Term Partner cannot, and may not subject the products provided for resale. Should the Brand Ambassador/Affiliate/Long-Term Partner decide to discontinue the use, return, or sell the products, the Brand Ambassador/Affiliate/Long-Term Partner shall notify the Company prior to such action.
Copyright to the works of the Brand Ambassador/Affiliate/Long-Term Partner
The copyright of the works created by the Brand Ambassador/Affiliate/Long-Term Partner shall transfer to Pengo. Pengo shall have all the rights to reproduce or re-advertise the works created by the Brand Ambassador/Affiliate/Long-Term Partner even after the termination of this Agreement.
Confidentiality
The Parties to this Agreement may not disclose to any third party, the use of the works engaged by the Brand Ambassador/Affiliate/Long-Term Partner with the Company without the other party's written consent. Neither Party may sell, nor disclose with any third party any proprietary or confidential information acquired by them in the course of their engagement with the other, without the written consent of the other party. The Brand Ambassador/Affiliate/Long-Term Partner agrees to return to Pengo all confidential documents, records, or any information owned by the company upon the termination of the Agreement. In case of failure to return the confidential documents, records, or information, the Brand Ambassador/Affiliate/Long-Term Partner shall notify the Company and shall agree how such information shall be disposed.
Representations and Warranties
Representations and Warranties: The Company acknowledges and understands that:
- Brand Ambassador/Affiliate/Long-Term Partner has the unrestricted right and authority to perform theduties and deliverables that conform to this Agreement;
- the deliverables by the Brand Ambassador/Affiliate/Long-Term Partner is original;
- all duties and responsibilities by the Brand Ambassador/Affiliate/Long-Term Partner is compliant with the applicable laws, rules, and regulations of the State agreed upon by Parties, to be performed in this Agreement;
- The work of the Brand Ambassador/Affiliate/Long-Term Partner will not contain defamatory, disparaging or offensive content to any product or business, or be involved in any pornographic or be contrary to any religious beliefs.
Period and Termination
This Agreement shall remain effective and enforceable for a period of 6 months at least, beginning on the date of effectivity of this agreement up until the date thereafter, unless prematurely terminated by either party. Should any party decide to terminate this Agreement prior to the date of maturity, the party shall notify the other at least fourteen (14) days prior the termination date. After the date of maturity, should any party decide to terminate this Agreement, the party shall notify the other party at least thirty (30) days in advance. The Company shall review each Agreement performance over a period of one (1) year and has the right to renew or terminate the Agreement. Upon the results of the audit, The Company shall notify the other party at least thirty (30) days in advance.
