Policies and Procedures
Last updated: May 16, 2020
Mutual Commitment Statement
Moonshine Organics, LLC (hereinafter referred to as “Moonshine”) recognizes that to develop a long-term and mutually rewarding relationship with its independent participants (hereinafter referred to as “Influencer(s)”) and Customers, is committed to:
- Providing prompt, professional, and courteous service and communications to its Influencers and Customers;
- Providing the highest level of quality services, at fair and reasonable prices;
- Delivering orders promptly and accurately;
- Supporting, protecting, and defending the integrity of Moonshine Organics, LLC.
In return, Moonshine expects that its Influencers will:
- Conduct themselves in a professional, honest, and considerate manner;
- Present Moonshine corporate and service information in an accurate and professional manner;
- Not make exaggerated income or service claims;
- Make reasonable effort(s) to support other Influencers and Customers;
- Not engage in unhealthy competition or unethical business practices;
- Provide positive guidance to Influencers and Customers.
- Support, protect, and defend the integrity of Moonshine Organics, LLC.
Code of Ethics
Moonshine desires to provide its independent Influencers with the best services in the industry. Accordingly, Moonshine values constructive criticism and encourages the submission of written comments addressed to Moonshine’s Compliance Department at firstname.lastname@example.org.
Influencers shall not make negative and disparaging comments about Influencers, Moonshine, its products or services, or Moonshine’s directors, officers, or employees, suppliers or agents. Influencers should also refrain from making any statements that unreasonably offend, mislead or coerce others. Such conduct represents a material breach of these Policies and Procedures and may be subject to disciplinary action deemed appropriate by Moonshine.
Moonshine endorses the following code of ethics:
- Influencers must show fairness, tolerance, and respect to all people associated with Moonshine, regardless of race, gender, social class, or religion, thereby fostering a “positive atmosphere” of teamwork, good morale and community spirit.
- Influencers shall strive to resolve business issues, including situations with their organization’s Influencer, with tact, sensitivity, and good will; and taking care not to create additional problems.
- Influencers must be honest, responsible, professional and conduct themselves with integrity.
Moonshine may take appropriate action against an Influencer if it determines, in its sole discretion, that an Influencer’s conduct is detrimental, disruptive, or injurious to Moonshine or to other Influencers.
The Influencer Agreement
Moonshine is a placement-based business model that markets Influencers, products, and services through an organization of independent business owners. To clearly define the relationship that exists between Influencers and Moonshine, and to explicitly set a standard for acceptable business conduct, Moonshine has established these Policies and Procedures.
Influencers and Customers are required to comply with:
- All of the following which Moonshine may amend from time to time in its sole discretion;
- All Federal, State, and/or local laws governing his, her and/or its Moonshine business.
Influencers must review the information in these Policies and Procedures carefully. Should an Influencer have any questions regarding a policy or procedure, the Influencer is encouraged to seek an answer from Moonshine’s Compliance Department at email@example.com.
Changes, Amendments, and Modifications
Because federal, state, and local laws, as well as the business environment, periodically change, Moonshine reserves the right to amend the Agreement at any time. Notification of amendments shall appear in official Moonshine materials, website(s), social media outlets and/or in the Influencer’s back office.
Any such amendment, change, or modification shall be effective thirty (30) days following notice by one of the following methods:
- Posting on the website;
- Any communication channels; or
- Any social media outlets (i.e. Facebook, Instagram, Twitter, etc.)
Becoming an Influencer
To become an Influencer, an applicant must comply with the following requirements:
- Be of the age of majority (not a minor) in his or her state of residence;
- Reside or have a valid address in the United States or U.S. territory in which Moonshine is licensed to operate;
- Have a valid taxpayer identification number (i.e., Social Security Number, Federal Tax ID Number (TIN) or federal Business Number);
- Enter a verified mobile phone number, which is not in use or associated with any other Moonshine account, which will be verified through a verification code sent to the number; and
- Acknowledge and accept all FTC requirements associated with Moonshine participation as an Influencer.
Influencer Application and Registration
An Independent Influencer may register and apply on Moonshine’s website. Moonshine will accept website applications if the applicant:
- Fully and accurately completes the online application;
- Qualifies for participation under the Agreement; and
- Acknowledges, accepts, and agrees to be bound by all terms and conditions of the Agreement by submitting an electronic signature as promoted on the website. Please note that the electronic signature creates a legally binding Agreement between the Influencer and Moonshine.
Signed documents, including, but not limited to, Influencers’ agreements, are legally binding contracts which must not be altered, tampered with or changed in any manner after they have been signed. False or misleading information, forged signatures or alterations to any document, including business registration forms, made after a document has been signed may lead to sanctions, up to and including involuntary termination of the Influencer’s position.
If an applicant registers and applies a second time, only the first completed form to be received by Moonshine will be accepted. Moonshine reserves the right, at its sole discretion, to make the final decision with respect to all such disputes.
Content and Photo Release
Applicant and/or Influencer consents, agrees, and allows Moonshine Organics, LLC to use submitted bio and images to promote them on moonshineorganics.us and Moonshine social media accounts. Applicant and/or Influencer further consents, agrees, and allows Moonshine Organics, LLC to use any content and/or images produced by them or their agent(s) representing the brands represented by Moonshine that they post through their social media accounts for business and promotional purposes. Applicant and/or Influencer releases their bio and images for use on moonshineorganics.us and Moonshine social media accounts. In consideration of being allowed to participate in Moonshine, an Applicant and/or Influencer waives any right to be compensated for the use of his, her, or its content or image.
Background Check and Information Release
Applicant and/or Influencer hereby authorizes Moonshine Organics, LLC and its designated agents and representatives to conduct a comprehensive review of their background causing a consumer report and/or an investigative consumer report to be generated for independent contractor purposes. I understand that the scope of the consumer report and/or investigative consumer report may include, but is not limited to the following areas: verification of social security number; credit reports, current and previous residences; employment history, education background, character references; drug testing, civil and criminal history records from any criminal justice agency in any or all federal, state, county jurisdictions; driving records, birth records, and any other public records.
Applicant and/or Influencer further authorizes any individual, company, firm, corporation, or public agency to divulge any and all information, verbal or written, pertaining to them, to Moonshine Organics, LLC or its agents. Applicant and/or Influencer further authorizes the complete release of any records or data pertaining to them which the individual, company, firm, corporation, or public agency may have, to include information or data received from other sources. Moonshine Organics, LLC and its designated agents and representatives shall maintain all information received from this authorization in a confidential manner in order to protect the applicant’s personal information, including, but not limited to, addresses, social security numbers, and dates of birth.
CONFIDENTIALITY and NON-DISCLOSURE
Each party has developed certain confidential information that it may disclose to the other party for the purpose of marketing. Each party (in such capacity, a “Disclosing Party”) may (but is not required to) disclose certain of its confidential and proprietary information to the other party (in such capacity, a “Receiving Party”). “Confidential Information” means:
(a) information relating to the Disclosing Party or its current or proposed business, including financial statements, budgets and projections, customer identifying information, potential and intended customers, employers, products, computer programs, specifications, manuals, software, analyses, strategies, marketing plans, business plans, and other confidential information, whether provided orally, in writing, or by any other media, that was or will be:
(i) provided or shown to the Receiving Party or its directors, officers, employees, agents, and representatives (each a “Receiving Party Representative”) by or on behalf of the Disclosing Party or any of its directors, officers, employees, agents, and representatives (each a “Disclosing Party Representative”); or (ii) obtained by the Receiving Party or a Receiving Party Representative from review of documents or property of, or communications with, the Disclosing Party or a Disclosing Party Representative; and
(b) all notes, analyses, compilations, studies, summaries, and other material, whether provided orally, in writing, or by any other media, that contain or are based on all or part of the information described in subsection (a) (the “Derivative Materials”).
The Disclosing Party shall identify Confidential Information disclosed orally within 15 days of disclosure. The Disclosing Party’s failure to identify information as Confidential Information is not an acknowledgment or admission by the Disclosing Party that that information is not confidential, and is not a waiver by the Disclosing Party of any of its rights with respect to that information.
OBLIGATION TO MAINTAIN CONFIDENTIALITY
(a) Confidentiality. The Receiving Party shall, and shall ensure that each Receiving Party Representative, keep the Confidential Information confidential. Except as otherwise required by law, the Receiving Party and Receiving Party Representatives may not:
(i) disclose any Confidential Information to any person or entity other than:
A. a Receiving Party Representative who needs to know the Confidential Information for the purposes of its business with the Disclosing Party; and B. with the Disclosing Party’s prior written authorization; or
(ii) use the Confidential Information for any purposes other than those contemplated by this agreement.
(b) Term. The Receiving Party shall, and shall require each Receiving Party Representative to, maintain the confidentiality and security of the Disclosing Party’s Confidential Information until such time as all Confidential Information of the Disclosing Party disclosed under this agreement becomes publicly known and is made generally available through no action or inaction of the Receiving Party.
Influencers agree to work exclusively with Moonshine Organics, LLC as their agent to produce content for Moonshine and its clients. Influencers agree to not work with or post for a competitor brand for three months after their last sponsored post with Moonshine or any Moonshine clients.
RESPONSIBILITIES; SCOPE OF AUTHORITY
The Influencer may not represent themself as having any powers except those specified in this agreement. Without limiting the foregoing, the Influencer does not have authority to obligate Moonshine Organics, LLC in any way except as stated in this agreement or otherwise specifically authorized in writing by Moonshine Organics, LLC.
Influencer Compensation is per Moonshine’s Compensation Plan. Individual influencer agreements are issued to influencers on a per influencer and per Client basis.
The Influencer is solely responsible for taxes. The Influencer acknowledges that Moonshine Organics, LLC is not the Influencer’s employer and that the Influencer is solely responsible for reporting and paying any tax or other cost. Moonshine will not withhold taxes and will not withhold any amount of compensation for the Influencer’s taxes, social security and Medicare tax, workers’ compensation taxes or costs, unemployment compensation taxes or costs, or any other tax, cost, fee, or charge related to the Influencer’s compensation for services under this agreement.
Subject to Moonshine’s prior written approval of payment of expenses, the Influencer is responsible for all expenses related to Photography and/or Videography; Content Creation; and Travel and Entertainment Expenses.
USE OF TRADEMARKS and MARKETING COLLATERAL
The Influencer may use, reproduce, and distribute Moonshine’s and its Client’s service marks, trademarks, and trade names in connection with the performance of the Services. Any goodwill received from this use will accrue to the Client, which will remain the sole owner of the Client Marks.
The specific processes to create the work and concepts shown during the process are the intellectual property of Moonshine Organics, LLC. The final deliverable products are the intellectual property of Moonshine Organics, LLC. If particular elements are owned by third parties, those are the intellectual property of those third parties.
Influencer’s agree to follow and strictly adhere to applicable FTC laws and best business practices in advertising and marketing campaigns and efforts. The Influencer shall not make any medical claims regarding the efficacy of any product that is represented.
Influencers must clearly disclose the nature of sponsored content and include verbiage, such as “sponsored by” or “paid partnership with.”
The laws of the state of Texas govern this agreement (without giving effect to its conflicts of law principles). Both parties’ consent to the personal jurisdiction of the state and federal courts in Travis County, Texas.
This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties’ agreement about the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement.