Brand Partnership Agreement
Last Updated: 11/19/2024
This Marketplace Agreement (the “Agreement”) is made by and between (the “Brand”) and Aktiv Insights (the “Marketplace”), a company dedicated to enhancing the shopping experience and enabling data-driven product development through wearable data integration.
1. Purpose of the Agreement
This Agreement sets forth the terms and conditions under which the Brand may participate in the Aktiv Marketplace and gain access to insights provided through Aktiv’s platform.
2. Marketplace Participation
By signing this Agreement, the Brand agrees to:
– List and sell products on the Aktiv Marketplace.
– All sales will be executed on the Aktiv Marketplace.
– Comply with Aktiv’s listing requirements, including accurate product descriptions and images.
– Ensure that all products sold are of high quality and meet consumer protection laws.
– Collaborate with Aktiv’s dev team to produce and test the tools and the deployed solutions.
3. Use of Data
Aktiv will provide the Brand with anonymized and aggregated insights about how Aktiv members use the Brand’s products. The Brand acknowledges that individual user data will not be shared in violation of Aktiv’s privacy policies. The Brand also acknowledges that the data and insights remain on platform and are not to be downloaded or exported for other use.
4. Marketing Obligations
To leverage the full benefit of Aktiv’s data insights, the Brand agrees to:
– Actively market the Aktiv platform to its customer base through newsletters, social media, in-store promotions, or other channels.
– Encourage its customers to sign up as Aktiv members, which will allow the Brand to gain real-time insights on product usage and preferences.
– Provide copy and logos for co-branding.
5. Compliance and Best Practices
The Brand agrees to:
– Maintain compliance with all relevant laws and regulations while using the Aktiv platform.
– Follow best practices for online customer service and respond to customer inquiries in a timely manner.
6. Terms and Termination
This Agreement shall commence on the date it is signed and continue unless terminated by either party with 30 days’ written notice. Aktiv reserves the right to suspend or terminate the Brand’s participation for failure to comply with the terms outlined in this Agreement. Sales terms and payment will be negotiated prior to the Spring 2025 launch of the platform. Upon launch of the marketplace, the maximum fee will be 8% and shipping/returns will be managed and paid for by The Brand.
7. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of this partnership.
8. Governing Law
This Agreement will be governed by the laws of [relevant jurisdiction], without regard to its conflict of law principles.
Terms and Conditions
Last Updated: 10/29/2024
Welcome to Aktiv. These Terms and Conditions (“Terms”) govern your access to and use of the Aktiv website, marketplace, and any services provided by Aktiv (“we,” “us,” or “our”). By accessing or using our website, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our services.
1. Acceptance of Terms
By accessing or using the Aktiv platform, you confirm that you are at least 18 years of age or have the permission of a legal guardian and have read, understood, and agree to these Terms and any other policies referenced herein.
2. Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective upon posting on our website. It is your responsibility to review these Terms periodically. Continued use of the website after changes constitute acceptance of the revised Terms.
3. Account Registration
To access certain features, you may be required to register an account with Aktiv. You agree to provide accurate, complete, and updated information during registration. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account.
4. Privacy Policy
Our Privacy Policy describes how we collect, use, and disclose information from users. By using our services, you agree to the collection and use of your data in accordance with our Privacy Policy.
5. Use of Services
You agree to use the Aktiv platform only for lawful purposes. You are prohibited from using our site in any way that violates any applicable federal, state, local, or international law or regulation.
6. Wearable Data Integration
By using our marketplace with wearable devices, you understand and agree that certain data, such as fitness activity, may be collected and analyzed to offer personalized product recommendations. Please refer to our Privacy Policy for more details on data collection and usage.
7. Intellectual Property
All content on this site, including text, graphics, logos, images, and software, is the property of Aktiv or our content suppliers and protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works from any part of our site without prior written permission.
8. Limitation of Liability
To the fullest extent permitted by law, Aktiv shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of our website or services. This includes, but is not limited to, any damages for lost profits, loss of data, or loss of goodwill.
9. Disclaimer of Warranties
Aktiv provides its services on an “as is” and “as available” basis. We make no warranties or representations regarding the reliability, accuracy, or availability of our services. To the fullest extent permitted by law, we disclaim all warranties, express or implied.
10. Third-Party Links
Our site may contain links to third-party websites or services. These links are provided for your convenience only, and we are not responsible for the content or accuracy of any third-party websites. Your interactions with third-party sites are at your own risk.
11. Indemnification
You agree to indemnify and hold harmless Aktiv and its affiliates, officers, agents, and employees from any claims, damages, losses, liabilities, and expenses arising out of your use of our website, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.
12. Governing Law and Jurisdiction
These Terms are governed by the laws of Oregon, USA, without regard to conflict of law principles. Any disputes arising from or related to these Terms or your use of our services will be subject to the exclusive jurisdiction of the courts of Oregon.
13. Termination
We reserve the right to terminate or suspend your access to our site at our sole discretion, without notice, for any reason, including if we believe you have violated these Terms.
14. Account Suspension and Termination
Aktiv reserves the right to suspend or terminate your account at any time, without prior notice, if we believe you have violated these Terms, provided false or misleading information, or engaged in fraudulent or illegal activities. Additionally, accounts may be terminated for inactivity over a prolonged period, as defined by our internal policies.
Upon termination, your right to access the Aktiv platform and services will immediately cease. Any outstanding payments or obligations to Aktiv will remain enforceable even after account termination. You may not attempt to re-register or access Aktiv without our written consent after termination.
If you wish to terminate your account, you may do so by contacting us at hi@getaktiv.org. Please note that certain data may be retained as required by law or for legitimate business purposes.
15. Contact Us
If you have any questions or concerns about these Terms, please contact us at hi@getaktiv.org.
