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
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
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 ATHLETE’S 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.
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 ATHLETE’S
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
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.