Jack Archer Jetsetter Collective
Terms and Conditions

1. Content Creation.
1. Creator Content. From time to time during the Term, Jack Archer may provide Creator with content creation request that outline certain content creation and campaign objectives, expectations, and instructions (each, a “Brief”). Creator shall use his or her commercially reasonable efforts to create the content requested by the Brief and promptly deliver it to Jack Archer in the format and on the timeline requested in the Brief (the “Creator Content”) in addition to posting the Creator Content on the your third-party social networking site accounts (including, but not limited to, Facebook, Instagram, TikTok, as applicable) (each a “Third-Party Service”) as requested by the applicable Brief.
2. Payment. For each Brief completed, Jack Archer may pay Creator via any of the following (i) free or discounted products, (ii) fixed cash fees, and/or (iii) a Commission based on net sales, in each case as set forth in the Brief email. Payments of (i) fixed cash fees will be made after acceptance of the Creator Content by Jack Archer of suitable quality and in an acceptable format, at Jack Archer’s sole discretion; and (ii) Commissions will be made net 30 after each calendar month in which the commission is applicable.
2. Commissions.
1. Earning Commissions. Subject to the terms and conditions herein, you may earn compensation (“Commission”) when someone clicks on an eligible product link or uses a product code that you include in your Creator Content that you post on Third Party Services and there is a resulting Completed Transaction. “Completed Transaction” means: (a) a transaction for which eligible products have been purchased from a merchant’s website using the applicable product link or code provided to you, (b) the applicable return period (if any) has expired, and (c) such transaction has not been subject to a chargeback or other refund, and at least thirty (30) days have passed since the product was paid for in full by the purchaser. You will receive a Commission from us in accordance with the percentage of the product price (taking into account any discounts and excluding, taxes and shipping fees) that is specified on the Site. Commission percentages are dynamic and may change or be terminated without additional notice to you. You must provide or create and provide your PayPal account upon submission of your Creator Content to receive Commissions. We will pay Commissions for Completed Transactions on a monthly basis via PayPal. We are not responsible for paying you for any period during which you do not have an active PayPal account and which you have not provided to us. If you delete your Creator Content or terminate your account on a Third-Party Service, we are not responsible for paying you for any Commissions in connection with that Creator Content or account, except for those that are from Completed Transactions as of the time of such deletion or account termination. Jack Archer shall not be liable for any payments on transactions that have not become Completed Transactions or on accounts that have not been approved for payment. Jack Archer also reserves the right to deny payment for reasons that include, but are not limited to: (i) conversions resulting from any bot, automated program or similar device, as determined by Jack Archer, in its sole discretion; (ii) conversions generated through deceptive, abusive, fraudulent, or other invalid means, as determined by Jack Archer, in its sole discretion, including, without limitation, any conversions originating from your IP addresses or computers under your control; (iii) conversions solicited by payment of money or misrepresentation; (iv) your breach of this Agreement; (v) your violation of applicable laws, rules, or regulations; or (vi) if Jack Archer determines, in its sole discretion, that payment to you will violate applicable laws, rules, or regulations. If your unique product code or product link is included on a third-party coupon aggregator site, Jack Archer reserves the right to reduce or suspend all Commission payments, at its sole discretion, and provide you with a new product code or product link to be added to your posted Creator Content. Once the new code or link is posted and the old code or link is removed, normal payment of Commissions will resume on a going forward basis.
3. Intellectual Property.
1. License to Creator Content. Creator hereby grants Jack Archer a perpetual, non-exclusive, irrevocable, royalty-free right and license to use, edit, modify, create derivative works from, reproduce and display the Creator Content. Creator represents and warrants that Creator has all right, power, and authority to create and post the Creator Content and to grant the foregoing licenses.
2. Ads and Posted Content. You are responsible for all social media postings you make, and you represent and warrant regarding those social media postings promoting Jack Archer’s and its affiliates’ products that: (a) they will be in compliance with all applicable laws, rules, regulations and guides, including the Federal Trade Commission’s (“FTC”) Guides the Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255), which requires disclosure that you are paid to promote a product, and the FTC’s Enforcement Policy Statement on Deceptively Formatted Advertisements; (b) you have all necessary Intellectual Property Rights (as defined below) to any posting and any Creator Content; and (c) your posting and any Creator Content does not violate or infringe third-party rights of any kind, including, without limitation, any copyrights, patents, trademarks, trade secrets, moral rights, rights of publicity, privacy rights, and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”). We assume no responsibility for compliance with any duties owed by a Creator to a third party, or a Creator’s compliance with applicable laws, rules, regulations and guides.
4. Term and Termination. This Agreement begins on the Effective Date and, unless earlier terminated as set forth herein, concludes on the first anniversary of the Effective Date (the “Term”). Jack Archer may terminate this Agreement for convenience at any time. Either party may terminate this Agreement on the other party's material breach that remains uncured 30 days after its receipt of written notice thereof. Upon any termination of this Agreement or cancelation of Creator's Jack Archer account, this sentence and the following Sections will survive: 1(b), 3(a) and 5 through 7.
5. Indemnity. Creator will indemnify and hold Jack Archer and its officers, directors, employees and agents harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses arising out of or in any way connected with (a) the Creator Content, or (b) Creator's violation of this Agreement.
6. Limitation of Liability. JACK ARCHER’S SOLE AND AGGREGATE LIABILITY ON ANY AND ALL CLAIMS, LOSSES, OR LIABILITIES ARISING OUT THE RELATIONSHIP BETWEEN THE PARTIES (INCLUDING THIS AGREEMENT), WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE, WILL BE LIMITED TO DIRECT DAMAGES AND WILL IN NO EVENT EXCEED $100.  IN NO EVENT WILL GUMDROP BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, PROFITS, OR BUSINESS OR REPUTATIONAL DAMAGE).
7. General Terms. This Agreement constitutes the entire agreement between the parties with respect to its subject matter, and there are no agreements or understandings between the parties, express or implied, except as are expressly set forth in this Agreement. This Agreement will be governed by and construed in accordance with the laws of the State of Florida, without reference to conflict of laws principles. Any dispute or claim either party has arising from or relating to this Agreement (each, a “Dispute”) will be resolved in accordance with Section 13 and 14 of the Jack Archer Terms of Service, which is incorporated by reference into this Agreement (provided, that a “Dispute” as used in the Jack Archer Terms of Service will mean a Dispute as defined and used in this Agreement). The exclusive jurisdiction for all Disputes that are not resolved in accordance with Sections 13 and 13 of the Jack Archer Terms of Service will be the state and federal courts located in Miami-Dade County, Florida, and the parties each irrevocably waive any objection to jurisdiction and venue in such courts. Creator may not transfer, assign, or delegate this Agreement, in whole or in part, whether by change of control, operation of law, or otherwise, without Jack Archer's prior written consent, and any purported transfer, assignment, or delegation in violation of the foregoing will be void and without effect. This Agreement may not be modified or amended except by a writing signed by both parties. If any provision of this Agreement is found by any court to be void or otherwise unenforceable, the remainder of this Agreement will remain valid and enforceable as though such void or unenforceable provision were absent on the date of its execution.