Collaboration Terms And Conditions

MUSCLEAPE — Influencer/Collaborator Terms & Conditions (India)

This Influencer Collaboration Agreement (“Agreement”) is entered into on [Date] between:

Brand: Muscleape,
Address: Floor No.: Booth No 2109, Building/Flat No.: Shop No. 110A, Name of Premises/Building: Vardhaman Mall, Road/Street: Sector 19, City: Faridabad, District: Faridabad, State: Haryana
(“Brand”)

and

Influencer/Collaborator: [Full Legal Name], [Address], Instagram handle - all as mention in the filled form (“Influencer”).

Brand and Influencer are collectively referred to as the “Parties”.

1) Deliverables (Scope of Work)

Influencer will create and publish the following Deliverables on Instagram:

  1. 1 Reel (Video)

  2. 1 Feed Post

  3. 1 Story

The exact brief (talking points, do’s/don’ts, hashtags, tags, discount/referral details, and any claim language) will be shared by Brand and forms part of this Agreement.

2) Mandatory Pre-Approval (No Approval, No Post)

  1. Influencer shall not publish any Deliverable (Reel/Post/Story) unless Brand provides written approval (WhatsApp/email/DM acceptable) for:

    • final video/edit,

    • caption/text overlays,

    • product claims/benefits,

    • tags/hashtags/mentions,

    • referral code and website link placements.

  2. If Brand requests reasonable edits to align with compliance/brand guidelines, Influencer will make edits and reshare for approval.

3) Posting & Live-Retention Requirement

  1. All approved Deliverables must be posted on Influencer’s Instagram account @[handle].

  2. The Reel and the Feed Post must remain live and publicly accessible for at least 365 days from the posting date.

  3. Influencer shall not delete, archive, hide, restrict visibility, geo-block, substantially edit, or make the content private during the 365-day period without Brand’s written consent.

4) Bio Link + Influencer Code Requirement

  1. Brand will provide a website link and unique influencer/referral code (“Referral Link/Code”).

  2. Influencer shall ensure the Brand website link and/or Referral Code is displayed in Instagram bio for at least 30 days from the posting date.

  3. Influencer shall not intentionally make the link/code inaccessible or misleading during this period.

5) Compensation & Payment Terms

  1. Total Fee: ₹ [Amount] (exclusive of taxes unless agreed otherwise).

  2. Payment Split (as agreed):

    • 80% payable after the Reel is posted live and the live link is shared with Brand, subject to compliance with this Agreement.

    • 20% payable after 30 days from posting date, provided the bio link/code requirement is met and content remains live and compliant.

  3. Influencer shall raise an invoice/bill with required details to process payment.

6) Referral Bonus / Commission (If Applicable)

  1. Influencer may earn an additional referral bonus/commission of [% / ₹ per order] on eligible sales tracked through the Referral Link/Code.

  2. Eligible sales shall mean successful, non-returned, non-cancelled, non-fraudulent orders (Brand’s system records will be final for calculation).

  3. Brand may withhold/refuse referral payouts if there is misuse, manipulation, fake orders, coupon abuse, or any suspicious activity.

7) Taxes, PAN, and TDS

  1. TDS @ 1% will be deducted by Brand as applicable under Indian law, subject to valid PAN and applicable sections.

  2. If law requires a different rate (e.g., non-availability/invalid PAN or different section applicability), Brand will deduct the legally applicable TDS rate.

  3. Influencer must share PAN and bank details for payment processing and compliance.

8) Content Use Rights (Brand’s Future Ads/Promotion)

  1. Influencer grants Brand a worldwide, royalty-free, perpetual, irrevocable, transferable license to use, reproduce, edit, adapt, publish, distribute, and display the Content (including Influencer’s name/handle/likeness as appearing in the Content) for any Brand marketing, advertisements, promotions, website use, social media, marketplaces, PR, and paid ads, now or in future.

  2. Brand may crop/resize/add subtitles/branding or create derivative versions for ad formats, provided the Content is not used in a deceptive manner.

  3. If Brand requests, Influencer will provide raw footage and high-resolution exports reasonably required for Brand usage.

9) Disclosure, Compliance & No False Claims

  1. Influencer must follow Instagram policies and applicable Indian advertising rules, including ASCI influencer advertising guidelines, and must clearly disclose the promotion using labels such as #ad / #sponsored and/or “Paid Partnership” tools where available.

  2. Influencer shall not make claims that are:

    • false, misleading, unverified, or not provided/approved by Brand,

    • medical/drug-like claims (unless legally permitted and pre-approved in writing),

    • comparative claims naming competitors unless pre-approved by Brand.

10) Intellectual Property & Music/Footage Rules

  1. Influencer warrants the Content is original and does not infringe third-party rights.

  2. Influencer shall use only:

    • self-created footage, or

    • properly licensed content, or

    • music/audio available for commercial use on Instagram’s licensed library.

  3. If any copyright claim arises due to Influencer’s selections, Influencer will promptly cooperate to resolve it and shall be responsible for violations caused by Influencer.

11) Conduct, Reputation & Non-Disparagement

  1. Influencer shall not publish any content that is obscene, hateful, unlawful, or harmful to Brand reputation.

  2. Influencer shall not disparage Brand or its products during the collaboration and while the content is required to remain live.

12) Confidentiality

Any non-public information shared by Brand (campaign plans, pricing, sales data, strategy, creatives, product details not publicly released) is confidential and shall not be disclosed without Brand’s written permission.

13) Product Handling (If Product is Provided)

If Brand sends products to Influencer:

  1. Influencer will use/handle them responsibly and as instructed.

  2. Influencer shall not resell the product(s) during the live-retention period in a way that harms Brand.

14) Removal / Early Deletion Consequences (Clawback)

If Influencer deletes/archives/restricts the Reel or Post before completing the 365-day live period without Brand’s written consent:

  1. The unpaid 20% will not be payable; and

  2. Influencer must refund a proportionate amount of the total Fee based on the remaining days out of 365, within a reasonable time after Brand’s written demand.

15) Termination

  1. Brand may terminate immediately for material breach including: posting without approval, non-disclosure of #ad, early removal, false claims, fraud/referral manipulation, or conduct damaging to Brand.

  2. Termination does not affect Brand’s already-granted usage rights for approved Content.

16) Limitation of Liability & Indemnity

  1. Influencer will indemnify Brand against losses/claims arising from Influencer’s breach, infringement, unlawful statements, or non-compliance with disclosure laws.

  2. Brand’s maximum liability, if any, shall not exceed the amounts actually paid under this Agreement.

17) Independent Contractor

Influencer is an independent contractor. Nothing creates employment, partnership, agency, or joint venture.

18) Governing Law & Jurisdiction

This Agreement is governed by the laws of India. Courts at Faridabad, Haryana shall have jurisdiction.

19) Miscellaneous

  • Severability: If any clause is invalid, remaining clauses remain enforceable.

  • Entire Agreement: This document + the campaign brief constitute the entire agreement.

  • Amendments: Must be in writing (WhatsApp/email acceptable).

  • Electronic Signatures: Permitted and valid.

 

Shakers Product Photo