The purpose of this document is to set forth in writing the terms and conditions of

the agreement reached between Mindset Trading 34 Pty Ltd t/a Pollywog, (hereinafter referred to as Pollywog) and the chosen Surfluencer (hereinafter referred to as

ATHLETE”).

 

By you participating in the Surfluencer campaign you have accepted the sponsorship terms and conditions and your agreement is complete and active.

 

Your sponsorship requirements are as follows.

1. Agreement Period. This Agreement shall commence and end as of the dates

specified within the agreement which the successful Surfluencer will receive.

2. Definition of Certain Terms. The following terms have the following meanings

when used herein:

(a). "Endorsed Product" shall mean products and services designed and sold by

SPONSOR.

3. Contract Territory. Worldwide.

4. Exclusivity. ATHLETE agrees that he/she shall not wear or endorse any product

other than Endorsed Product during the Agreement Period.

5. Use and Endorsement of Endorsed Product. ATHLETE agrees that he/she shall

use exclusively Endorsed Product in training, events and contests during the Agreement Period. SPONSOR shall provide ATHLETE with the sponsorship offering as per Surfluencer agreement to be provided to successful candidates.

During the Agreement Period, ATHLETE shall promote and recommend Endorsed Product exclusively to other athletes and to the public.

SPONSOR must appear on all of ATHLETES sponsor lists, as well as appearing

in all text pertaining to your name.

ATHLETE agrees that Endorsed Product shall feature two (2) Sponsor logos

ATHLETE of sizes and positions determined by SPONSOR. ATHLETE further

agrees that Endorsed Product may not modified or otherwise decorated.

6. Indemnification

a) Indemnification by ATHLETE. ATHLETE shall hold SPONSOR harmless from

any liability or expense (including legal fees and costs) arising from any injury to

or damage to ATHLETE or any Athletes and from any injury caused to others by

them, during competition or training. This shall include, without limitation, any

liability or expense arising based upon SPONSOR'S alleged negligence or strict

product liability, except when resulting from the wilful misconduct of SPONSOR.

b) Indemnification by SPONSOR. SPONSOR shall hold ATHLETE harmless

from any liability or expense (including legal fees and costs) made by third

parties against ATHLETE with respect to claims arising from the manufacture,

sale and/or use of SPONSOR products, except when resulting from the wilful

misconduct of ATHLETE.

7. Employer/Employee Relationship. SPONSOR agrees that ATHLETES

relationship with SPONSOR shall be that of an independent contractor and

nothing contained in this Agreement shall be construed as establishing an

employer/employee relationship between SPONSOR and ATHLETE or any

Athlete.

8. Confidentiality. All parties, including but not limited to ATHLETE and

SPONSOR, agree to keep all terms of this agreement, especially financial

arrangements, strictly confidential.

9. SPONSOR has the right to terminate this Agreement at any time for any

reason with or without cause, including unsportsmanlike conduct or a breach of

any term of this Agreement.

10. Entire Agreement. This Agreement constitutes the entire understanding

between SPONSOR, and aforementioned ATHLETE. Upon its execution, this

Agreement cannot be altered or modified except by an agreement in writing

signed by both parties, and shall supersede all prior negotiations, understandings

and agreements, whether oral or written, and such prior agreements shall

thereupon be null and void and without further legal effect.

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