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    Cookie days 30 day(s)
    Commission type Percent of Sale
    Base commission 7.00%



    This Independent Influencer Agreement (including
    any schedules, exhibits or addenda attached hereto, the “Agreement”), is made
    and entered into as of the date identified below (the “Effective Date”), by and
    between Heron and Swan LLC. (“Heron and Swan”), with an address of
    305 Foxpath Loop, Myrtle Beach, SC 29588, United States and the influencer
    identified below (“Independent Influencer” or “you”). In consideration of the
    mutual promises contained herein, the parties agree as follows:


    The Independent Influencer Program. Independent
    Influencer agrees to provide to Heron and Swan under the terms and conditions
    of this Agreement, services (the “Services”) in connection with Heron and Swan’s
    Independent Influencer Program (the “Program”). As part of the Services, Independent
    Influencer will generate and post content (including, without limitation, text,
    videos and images) regarding Heron and Swan brand and Heron and Swan products
    on Independent Influencer’s dedicated Heron and Swan Web page (the “Influencer
    Page”) and on Influencer's Instagram, Instagram Story, Twitter, Facebook, blog
    and potentially YouTube and Pinterest (the “Social Channels”) (collectively the
    “Content”) in an effort to generate sales.

    Independent Influencer agrees to:

    Devote such of his/her time, resources and best
    efforts to the Services as is reasonably necessary to perform them in a
    professional and diligent manner

    Comply with all applicable laws and regulations.

    Determine, in his /her discretion, the time,
    place, manner, means, methods and independent/personal resources by which the
    Services are performed and achieved.

    Provide and utilize his/her own equipment, tools
    and other resources in performing the Services but Heron and Swan will provide
    to Independent Influencer certain informational materials to facilitate the
    creation of Independent Influencer's created content to his/her Influencer Page
    and/or Social Channels (such templates and other materials are collectively
    referred to as the “Heron and Swan Materials”).

    Will be responsible for (i) creating and editing
    the Content and (ii) either emailing to Heron and Swan such Content to upload
    to the Influencer Page or posting such Content on the Social Channels. All such
    Content that is uploaded to the Influencer Page will be posted to the
    Influencer Page subject to prior review by Heron and Swan. Heron and Swan has
    the right to remove any Content from the Influencer Page.

    It is understood and agreed that Independent
    Influencer will be an independent contractor, is not and will not be considered
    an agent or employee of Heron and Swan (or any of its affiliates or related
    entities), and shall have no authority to bind Heron and Swan (or its
    affiliates or related entities) by contract or otherwise.


    Independent Influencer agrees that they will not:

    Make any derogatory statements about Heron and
    Swan and/or Heron and Swan products

    Link to any third-party websites, other than the
    Social Channels, on the Influencer Page or otherwise redirect visitors of the
    Influencer Page to third-party websites

    Resell or distribute any Heron and Swan products,
    including those received for free or as gifts, for commercial purposes, other
    than via the Influencer Page

    Promote Heron and Swan products, the Heron and
    Swan brand, or the Program and/or the Influencer Page via any paid media

    Promote Heron and Swan products, the Heron and
    Swan brand, the Program and/or the Influencer Page via any website, media,
    social media, or electronic presence or resource that may be considered
    pornographic, lewd, offensive, or discriminate

    Engage in any fraudulent transactions, as
    reasonably determined by Heron and Swan, including without limitation making
    transactions from Influencer's IP addresses or computers under Influencer's


    In consideration for the Services, Heron and Swan will
    pay to Independent Influencer a percentage of the Net Revenue (as defined
    below) collected by Heron and Swan in accordance with the Commission Appendix
    below (the “Commission(s)”). For purposes of this Agreement, “Net Revenue”
    means gross fees received by Heron and Swan from Qualifying Orders (as defined
    below), less amounts paid for using store credit or gift certificates, taxes,
    duties and transaction-based costs and expenses, including but not limited to
    payment process fees and shipping fees. For purposes of this Agreement,
    “Qualifying Orders” means purchases of Heron and Swan product(s) via the
    Influencer Page that are made by a method of payment accepted by Heron and Swan.
    The Commission is also only paid to Independent Influencer if the Qualifying
    Order is final -any returns will cause that specific Commission to be deducted
    out of the month payouts. The Commission will be calculated solely based on
    records maintained by Heron and Swan using its standard methodologies. Heron
    and Swan will pay Independent Influencer its Commission on the 28th day of each
    month. Commissions due hereunder will be made by Heron and Swan to
    Independent Influencer through its payment processor (“Payment Processor”),
    which, as of the Effective Date, is PayPal Holdings, Inc. Independent
    Influencer is solely responsible for creating and maintaining a Payment
    Processor account, and communicating such account information to Heron and Swan
    for purposes of receiving the payments set forth herein. Heron and Swan is not
    responsible for making any payments based on any amounts which result from any
    fraudulent transactions, as reasonably determined by Heron and Swan, including
    without limitation any transactions originating from Influencer 's IP addresses
    or computers under Influencer's control.


    Definition. “Confidential Information” means all
    trade secrets and confidential or proprietary information, whether or not in
    writing, concerning Heron and Swan’s business technology, business
    relationships or financial affairs which Heron and Swan has not released to the
    general public. By way of illustration, Confidential Information includes, but
    is not limited to, information or material which has not been made generally
    available to the public, such as: (i) corporate information , including plans,
    strategies, method, policies, resolutions, negotiations or litigation;(ii)
    marketing information, including strategies methods, customer identities or
    other information about customers , prospect identities or other information
    about prospects, or market analyses or projections; (iii) financial
    information, including cost and performance data (iv) operational and
    technological information , including plans, specifications, manuals, forms,
    templates, software, designs, methods, procedures, formulas, discoveries,
    inventions improvements, concepts and ideas; and (v) personnel information,
    including personnel lists, reporting or organizational structure, resumes,
    personnel data. Confidential Information also includes information received in
    confidence by Heron and Swan from its customers or suppliers or other third

    Non-Disclosure and Non-Use Obligations.
    Independent Influencer will not, at any time, without Heron and Swan 's prior
    written permission, either during or after the term of this Agreement, disclose
    any Confidential Information to anyone outside of Heron and Swan, or use or
    permit to be used any Confidential Information for any purpose other than the
    performance of the Services for or on behalf of Heron and Swan. Independent
    Influencer will cooperate with Heron and Swan and use best efforts to prevent
    the unauthorized disclosure or use of any and all Confidential Information.
    Independent Influencer will deliver to Heron and Swan all copies of
    Confidential Information in Independent Influencer's possession or control upon
    the earlier of a request by Heron and Swan or termination of this Agreement for
    any reason.

    Information of Third Parties. Independent
    Influencer understands that Heron and Swan is now and may hereafter be subject
    to non-disclosure or confidentiality agreements with third persons which
    require Heron and Swan to protect or refrain from use of Confidential
    Information. Independent Influencer agrees to be bound by the terms of such
    agreements in the event Independent Influencer has access to such Confidential

    Intellectual Property Rights.

    Content License.

    Independent Influencer hereby grants to Heron and
    Swan and its subsidiaries, affiliates, licensees, agents, representatives,
    successors and assigns:

    Unrestricted, fully-paid, royalty free, exclusive,
    transferable and irrevocable rights, power and authority to use, reproduce,
    publish, print, distribute, transmit, copy or otherwise use any of the Content,
    worldwide and perpetually, in whole or in part, in any medium known now or
    later discovered, for the purpose of its advertisements, promotions, marketing
    activities, public relations, educational and other commercial or
    non-commercial purposes, subject only to the payment made to Independent
    Influencer in section 2 hereof.

    Independent Influencer shall have the revocable,
    unlimited, perpetual and worldwide right to use the Content, for Independent
    Influencer’s promotional purposes, in any and all media now known or hereafter

    With respect to Content which portrays Independent
    Influencer’s face, body and voice (the “Restricted Materials”), Heron and Swan shall
    have the right to use the Restricted Materials upon prior approval from
    Independent Influencer.

    Other Developments.

    Independent Influencer hereby grants to Heron and
    Swan and its affiliated companies, successors and assigns, the royalty-free,
    perpetual, unrestricted, transferable, irrevocable sublicensable,

    non-exclusive, worldwide right and license to use,
    reproduce, modify, adapt, publish, translate, create derivative works from,
    distribute, perform and display any content or other materials, other than the
    Content, (i) submitted to Heron and Swan in connection with the Program or (ii)
    otherwise created by Independent Influencer in connection with the Services,
    (collectively, the “Other Developments”)

    Heron and Swan Materials and Trademark.

    Except for Independent Influencer's limited right
    to use the Heron and Swan Materials solely in connection with performing the
    Services, Heron and Swan retains all right title and interest in the Heron and
    Swan Materials, including all related intellectual property rights. Heron and
    Swan hereby grants to Independent Influencer, a limited, non-exclusive,
    non-transferable license to use and display Heron and Swan’s name, website
    address, logo and trade names (the “Marks”), solely in connection with
    performing the Services.

    Independent Influencer agrees that any use of the

    Will comply with Heron and Swan’s quality
    standards and trademark guidelines, which may be provided by Heron and Swan to
    Independent Influencer from time to time

    Will solely inure to the benefit of Heron and Swan.
    The Marks are proprietary and nothing in this Agreement constitutes the grant
    of a general license for their use. Independent Influencer does not acquire any
    right, title or interest in the Marks or the goodwill associated therewith.
    Independent Influencer agrees not to (A) attack the Marks or assist anyone in
    attack in the Marks, and (B) make any application to register the Marks or use
    any confusingly similar trademark, service mark, trade name, iconography, or
    derivation thereof including, but not limited to, the registration of any
    domain name including any of the Marks, during the term of this Agreement and

    Federal Trade Commission Requirements.

    Independent Influencer acknowledges and agrees
    that the provisions of the Federal Trade Commission's Guides Concerning Use of
    Endorsements and Testimonials in Advertising (the “Guides”) apply to
    Independent Influencer's provision of the Services hereunder. Independent
    Influencer represents and warrants that he or she has read and understands the
    Guides and their requirements, and that the Content and Other Developments
    (including, without limitation, social media communications regarding Heron and
    Swan products, the Heron and Swan brand and/or the Program) will contain clear
    and prominent disclosures compliant with the Guides.

    Independent Influencer Social Channels.

    In connection with performing the Services,
    Independent Influencer may link certain of his or her Social Channels to the
    Influencer Page. If Independent Influence so elects, Heron and Swan may link
    to, and stream content from such Social Channels on its websites, social media
    channels and in other Heron and Swan advertising and promotional materials.

    Representations and Warranties.

    Independent Influencer represents and warrants

    He or she is at least 18 year of age and legally
    allowed to live and work in his/her country of residence

    The Services will be performed in a professional,
    lawful and workmanlike manner, in accordance with any terms and conditions set
    forth herein and in the Heron and Swan Materials;

    The Content and Other Developments are Independent
    Influencer' s original work

    Use of the Content and Other Developments by Heron
    and Swan will not infringe or involve the misappropriation of any third party

    All clearances and licenses relating to the use of
    the Content or Other Developments have been obtained by Independent Influencer

    Except as expressly set forth herein, no fee,
    compensation or any other payment whatsoever will be payable by Heron and Swan for
    any Content or Other Developments or any content or material incorporated
    therein to any third party;

    He or she will comply with all applicable laws,
    rules and regulations, including the Guides


    Independent Influencer shall indemnify and hold Heron
    and Swan, its affiliates and their respective directors, officers, agents and
    employees harmless from and against all claims, demands, losses, damages and
    judgments, including court costs and attorneys' fees, arising out of or based
    upon the Services and/or Independent Influencer's performance thereof
    including, but not limited to, (a) any claim that the Services provided
    hereunder or, any related intellectual property rights or the exercise of any
    rights in or to any Content, Other Development, Influencer IP or related
    intellectual property rights infringe on, constitute a misappropriation of the
    subject matter of, or otherwise violate any patent, copyright, trade secret, or
    trademark of any person or breaches any person' s contractual rights; and (b)
    any breach or alleged breach by Independent Influencer of any representation,
    warranty, certification, covenant, obligation or other agreement set forth in
    this Agreement.

    Term; Termination.

    This Agreement will commence on the Effective Date
    and continue until terminated as set forth herein. Either party may terminate
    this Agreement for convenience upon at least seven (7) days' prior written
    notice thereof to the other party. Heron and Swan may, in addition to any other
    rights it may

    have at law or in equity, terminate this Agreement
    immediately and without prior notice if Independent Influencer refuses to or is
    unable to perform the Services or is in breach of any material provision of
    this Agreement. Upon any termination of this Agreement, all rights and duties
    of the parties toward each other shall cease, except that the following
    Sections shall survive: 2 (with respect to any Net Revenue accrued during the
    term of this Agreement but not yet paid); 3, 4(a), 4(b), 4(c) and 5 through 13

    Independent Contractor; No Agency.

    Independent Influencer is not and shall not be
    deemed an employee, agent, joint venture or partner of Heron and Swan, and neither
    party shall have any right or authority to assume or create any obligation on
    behalf of or bind the other party in any manner whatsoever.

    Limitation of Liability.


    Governing Law, Jurisdiction and Venue.

    The provisions of this Agreement will be construed
    and enforced in accordance with, and any dispute arising out of or in
    connection with this Agreement, including any action in tort, will be governed
    by, the laws of the State of South Carolina. Each party hereby irrevocably
    submits to the exclusive jurisdiction and venue of the courts within Myrtle


    All notices or other communications, required or
    permitted to be given hereunder, shall be in writing and shall be delivered
    electronically, personally or mailed, certified mail, return receipt requested,
    postage prepaid, to the parties at their addresses as set forth above. Any
    notice given electronically shall be deemed received on the business day
    following transmission. Any notice mailed in accordance with the terms hereof
    shall be deemed received on the third day following the day of mailing.
    Either party may change the address to which such notices to such party may be
    given hereunder by serving proper notice of such change of address to the other

    Equitable Relief.

    Independent Influencer and Heron and Swan agree
    that it would be impossible or inadequate to measure and calculate Heron and
    Swan’s damages from any breach by Independent Influencer of this Agreement.
    Accordingly, Independent Influencer and Heron and Swan agree that if
    Independent Influencer breaches this Agreement; Heron and Swan will have
    available, in addition to any other right or remedy available and
    notwithstanding anything to the contrary in Section 10 above, the right to
    obtain from any court of competent jurisdiction an injunction restraining such
    breach or threatened breach and specific performance of Sections 3, 4 and
    Section 8. Independent Influencer and Heron and Swan further agrees that no
    bond or other security shall be required in obtaining such equitable relief and
    Independent Influencer and Heron and Swan, hereby consent to the issuances of
    such injunction and to the ordering of such specific performance.


    If any provision of this Agreement is found to be
    invalid by any court or arbitrator having competent jurisdiction, then the
    meaning of said provision shall be construed, to the extent feasible, so as to
    render the provision enforceable, and if no feasible interpretation would save
    such provision, it shall be severed from the remainder of this Agreement which
    shall remain in full force and effect. Failure of Heron and Swan to act on or
    enforce any provision of this Agreement shall not be construed as a waiver of
    that provision or any other provision of this Agreement. No waiver shall be
    effective against Heron and Swan unless made in writing, and no such waiver
    shall be construed as a waiver in any other or subsequent instance. Except as
    expressly agreed by Heron and Swan and Independent Influencer, this Agreement
    constitutes the entire agreement between Independent Influencer and Heron and
    Swan with respect to the subject matter, and supersedes all previous or
    contemporaneous agreements, whether written or oral, between the parties with
    respect to the subject matter. The section headings are provided merely for
    convenience, and shall not be given any legal import. Neither this Agreement
    nor any right hereunder or interest herein may be assigned or transferred by
    Independent Influencer without the express written consent of Heron and Swan. Heron
    and Swan may assign any or all of its rights and obligations under this
    Agreement without Independent Influencer's written consent to any affiliate or
    to another third party affiliate by way of merger, acquisition, consolidation,
    or sale or transfer of all or substantially all of Heron and Swan’s assets or
    capital stock. Any attempted assignment, delegation or transfer to a third
    party in violation hereof shall be null and void. Subject to the foregoing,
    this Agreement shall be binding on the parties and their successors and assigns.

    Commission Appendix

    For Qualifying Orders in a calendar month, Heron
    and Swan will pay to Independent Influencer commission payments in accordance
    with the following table, with the exception that Heron and Swan could have
    promos that could go to higher percentages as incentive, all details of such
    promos to be at Heron and Swan’s sole discretion and communicated to
    Independent Influencer in due time:

    Commission Percentage

    7% of Net Revenue 

    For purposes of this Commission Appendix, each Qualifying
    Order shall count as one Qualifying Order, regardless of the number of Heron
    and Swan Products that are purchased pursuant to such Qualifying Order.

    This Privacy Policy describes how (the “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.

    Collecting Personal Information

    When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

    Device information

    • Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
    • Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
    • Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.
    • Disclosure for a business purpose: shared with our processor Shopify, Facebook.

    Order information

    • Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number.
    • Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
    • Source of collection: collected from you.
    • Disclosure for a business purpose: shared with our processor Shopify,Facebook.



      The Site is not intended for individuals under the age of 18. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.

      Sharing Personal Information

      We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

      • We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here:
      • We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

      Behavioural Advertising

      As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

      • We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: can also opt-out of Google Analytics here:
      • We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).

      For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at

      You can opt out of targeted advertising by:

      Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at:

      Using Personal Information

      We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.


        When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

        Automatic decision-making

        If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

        We DO NOT engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

        Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

        Services that include elements of automated decision-making include:

        • Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.
        • Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

        Selling Personal Information

        Our Site does not sells Personal Information, as defined by the California Consumer Privacy Act of 2018 (“CCPA”).



        A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

        We use the following cookies to optimize your experience on our Site and to provide our services.

        Cookies Necessary for the Functioning of the Store

        NameFunction_abUsed in connection with access to admin._secure_session_idUsed in connection with navigation through a storefront.cartUsed in connection with shopping cart.cart_sigUsed in connection with checkout.cart_tsUsed in connection with checkout.checkout_tokenUsed in connection with checkout.secretUsed in connection with checkout.secure_customer_sigUsed in connection with customer login.storefront_digestUsed in connection with customer login._shopify_uUsed to facilitate updating customer account information.

        Reporting and Analytics

        NameFunction_tracking_consentTracking preferences._landing_pageTrack landing pages_orig_referrerTrack landing pages_sShopify analytics._shopify_sShopify analytics._shopify_sa_pShopify analytics relating to marketing & referrals._shopify_sa_tShopify analytics relating to marketing & referrals._shopify_yShopify analytics._yShopify analytics.

        The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

        You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

        Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as

        Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.

        Do Not Track

        Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.


        We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.


        For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at [email protected]

        Last updated: 9-6-2021

        If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your local data protection authority, or our supervisory authority here:]