COLLABORATION OFFER (BARTER AGREEMENT) FOR INFLUENCERS
This document constitutes a public offer (the “Offer”) to enter into a barter-based collaboration agreement (the “Agreement”) between TPS DR L.L.C. (the “Company”) and any individual residing in the United States who accepts the terms of this Offer (the “Influencer”).
1. Purpose of the Agreement
The Company agrees to provide the Influencer with complimentary dietary supplements (the “Products”), in exchange for promotional content (e.g., social media post, review, story, or similar mention) on the Influencer’s social media platform(s).
2. Terms of Barter Collaboration
2.1. The Company will provide Products with a total retail value of up to $55 USD, as mutually agreed upon.
2.2. The Influencer agrees to publish content within 14 calendar days of receiving the Products, with the following conditions:
- Tag the Company’s official social media account.
- Include appropriate disclosures such as #ad, #sponsored, or “Paid Partnership”, in line with FTC Endorsement Guidelines.
- Provide a genuine review based on personal experience.
- Include a disclaimer:
“This product is not intended to diagnose, treat, cure, or prevent any disease. Please consult your healthcare provider before use.”
2.3. The Influencer is solely responsible for ensuring their content complies with applicable U.S. advertising, consumer protection, and social media disclosure laws.
3. Product Guarantees
3.1. The Company affirms that:
- The Products comply with quality standards applicable in the EU and/or U.S. (e.g., HACCP, GMP where applicable).
- The Products do not contain substances prohibited by FDA or other relevant U.S. regulatory bodies.
- Product packaging includes all necessary labeling and usage information in English.
3.2. The Influencer affirms they are at least 18 years old, have the legal capacity to enter into this Agreement, and are permitted to publish paid promotional content.
4. Legal Disclosures and Transparency
4.1. All content published under this Agreement must be clearly marked as sponsored in compliance with Federal Trade Commission (FTC) regulations.
4.2. The Company shall not be liable for any failure by the Influencer to follow these disclosure requirements, which may result in regulatory enforcement.
5. Content Usage and Intellectual Property Rights
5.1. The Influencer grants the Company and its affiliates a worldwide, royalty-free, irrevocable, and perpetual license to use, reproduce, distribute, modify, display, and publish any photos, videos, or other media created in connection with this collaboration, for commercial, promotional, or advertising purposes, in print, online, and across all media platforms.
5.2. This license includes the right to edit, crop, enhance, and otherwise adapt the content as needed, including but not limited to montage creation or digital optimization.
5.3. Credit will be given to the Influencer where reasonably practical.
5.4. This content usage license is not limited in time and remains valid after the termination of this collaboration.
6. General Terms
6.1. This Offer becomes binding upon written acceptance via email, direct message, or other electronic confirmation from the Influencer.
6.2. No monetary payment will be provided. This is a non-cash, barter-based collaboration.
6.3. The Company may repost or use published content in its marketing materials with attribution to the Influencer.
7. Privacy and Data Use (U.S. Compliance)
By participating in this collaboration, you consent to the collection and use of personal data in accordance with applicable U.S. privacy laws (e.g., CCPA for California residents).
Information We May Collect:
- Full name
- Email address
- Social media handle(s)
- Shipping address (for delivery only)
- Public metrics (e.g., follower count)
- Any voluntary data shared in communications or media kits
Purpose of Data Use:
- To evaluate collaboration eligibility
- To fulfill delivery obligations
- To manage communication and campaign performance
- To credit the Influencer in reposted content
Data Retention:
Your information will be retained for no more than 12 months after the conclusion of the campaign unless legally required or unless further collaboration continues.
Your Rights:
Depending on your state of residence, you may have the right to:
- Request access to your data
- Request deletion of your data
- Opt out of certain uses of your data
Contact Information:
TPS DR L.L.C.
1235 East Blvd, Suite E Charlotte, NC 28203
By accepting this Offer, receiving products, posting content, or engaging in any collaboration-related communications, the Influencer confirms they have read, understood, and agree to the terms of this Barter Agreement and the Privacy Policy.