DailyKarma Impact Marketplace Network Agreement

The DailyKarma Impact Marketplace Network Agreement (“Agreement”) is made and entered into by and between DailyKarma, Inc. (“DailyKarma”) and the undersigned Online Influencer (“Influencer”, and collectively, the “Parties”). This Agreement is effective as of date agreement is executed (“Effective Date”).

1. Enrollment and Participation in the Impact Marketplace Network

1.1. Influencer agrees to participate in the DailyKarma Impact Marketplace Network with the opportunity to fundraise, undertaking occasional fundraising for non profits through DailyKarma-powered Gift Shops.

1.2. DailyKarma shall set up a unique website customized with Influencer’s name, logo, and branding, but hosted and operated by DailyKarma.

1.3. DailyKarma will pay a designated commission amount based on each successful sale, lead, and/or other agreed-upon action generated by Influencer, either through its Influencer Impact Marketplace Network Site, or other specifically tracked actions.

1.4. Donations will go to DailyKarma’s partner charity, the DailyKarma Foundation (EIN 47-5570019), and shall be designated to benefit Influencers selected 501c3 non-profit organization. Donation amounts will be granted to selected non-profits, subject to the grantee verification procedures and other terms set forth in the  Business Terms of Use.

1.5. Influencer shall adhere to all the terms and conditions outlined in this Agreement.

2. Definitions

2.1. “Influencer” refers to an individual or company participating in the Impact Marketplace Network and is eligible to receive certain commissions for generating sales, leads or other actions for Retail Brands in the Impact Marketplace Network.

2.2. “Impact Marketplace Network” refers to the program established by DailyKarma that aggregates a network of Retail Brands in order to promote the Retail Brands’ services and products through influencers, content creators, non-profits and publishers.

2.3. “Impact Marketplace Network Site” is the website created specifically in connection with the applicable Influencer for purposes of hosting Retail Brands’ Offers, which generate Commissions for the Influencer based on sales, leads and other actions generated through the Impact Marketplace Network Site.

2.4. “Commission” means the payment made by DailyKarma to Influencer for successful sales, leads, or other agreed-upon actions generated by Influencer.

2.5. “Donation” refers to payments made by DailyKarma from Brand Commissions to benefit the applicable designated non-profit in accordance with the terms outlined in this Agreement.

2.6. “Offer” refers to the specific product, service, or promotion that the Brand wishes to promote through the Impact Marketplace Network Program.

2.7. “Retail Brand” refers to any entity participating in the Impact Marketplace Network Program to promote its services and products.

3. Beta Program Commissions and Deliverables

3.1. DailyKarma shall establish a commission structure corresponding to each Retail Brand partner. Influencer shall receive commissions based on a percentage of sales generated through their promotional efforts. DailyKarma will track and provide monthly reports on all sales to the Influencer. Commission payouts will align with the designated payout period of each Retail Brand.

3.2. Influencer understands and acknowledges that from time to time, Retail Brand Partners may adjust % of sales commission amounts, and DailyKarma may adjust payment methods, and payment schedules with 30 days’ notice to Influencer, and such changes will be effective for any future commissions.

3.3. Alongside earned commissions, Influencers selected for participation in DailyKarma’s Beta Program shall receive a guarantee of $500.00 one-time payment, disbursed 2 months subsequent to their initial promotional post regarding their Impact Marketplace Network Site.

3.4. To be eligible for the guaranteed payout, Influencer must fulfill all specified deliverables, including but not limited to:

  • Promoting Influencer’s custom Impact Marketplace Network Site prominently on social media profiles, such as Instagram, TikTok, YouTube, or other relevant platforms, for a duration of 2 months.
  • The Influencer agrees to post a minimum of one Instagram story per week that links directly to Marketplace Network Site URL, and one Instagram reel per week referencing Marketplace Network Site URL link in bio. The specific frequency and platform for posting may be tailored to the Influencer’s typical engagement patterns. However, any modifications must be formally discussed and mutually agreed upon in writing with DailyKarma before commencement of the engagement.
  • Providing DailyKarma team with requested assets to personalize Influencer’s site and select products from DailyKarma’s brand list for promotion.
  • Designating a 501c3 non-profit approved by DailyKarma Foundation to receive brand donations based on sales generated by the Influencer.
  • Offering feedback to DailyKarma regarding the platform’s functionality to aid in future enhancements.

4. Donations; Timing of Commission and Donation Disbursements; Reporting.

4.1. Influencers will designate non-profit organizations (501c3) to receive certain donations from DailyKarma’s charity partner, DailyKarma Foundation, based on the percentage of product sales that participating Retail Brands agree to donate through DailyKarma Foundation, as well as certain leads or other actions, as determined from time to time by a participating Retail Brand. Donation percentages will be presented to Influencer before approving Offers in Influencer’s Impact Marketplace Network Site. Any donations triggered by actions under this Agreement shall supersede any donations that would otherwise be triggered under the standard DailyKarma Terms of Use.

4.2. Influencer Commissions and Non-profit Donations will be paid within 45 days of DailyKarma’s receipt of Commissions from Retail Brand partners, subject to any minimum payout threshold of $10.00. Donations will be distributed through the DailyKarma Foundation (EIN: 47-5570019).

4.3. Influencer understands and acknowledges that from time to time, Retail Brand Partners may adjust % of sales Commissions and Donations amounts, and DailyKarma may adjust payment methods, and payment schedules with 30 days’ notice to Influencer, and such changes will be effective for any future Commissions and Donations.

4.4. DailyKarma will provide Influencer with tracking and reporting information (which may be through an online portal) to view Commissions and Donations generated from participating Retail Brands based on Offers purchased or other actions that trigger Commissions and Donations to benefit Influencer and Non-Profits.

5. Permission to Use Logo and Content

5.1. Influencer grants DailyKarma and its Retail Brand Partners a limited, non-exclusive, non-transferable license to use the Influencer’s logo, trademarks, and content available to the public on the Influencer’s Impact Marketplace Network Site and social media channels, as well as within the DailyKarma widget embedded in Retail Brand Partners’ retail websites (“Materials”) for the purpose of creating and promoting Influencer’s marketplace hosted by DailyKarma. DailyKarma shall not modify Influencer’s Materials in any way.

5.2. Ownership: DailyKarma acknowledges that all Materials remain the exclusive property of the Influencer, and no rights or interests in these Materials are transferred to DailyKarma except as expressly provided in this agreement.

6. Fundraising

Influencers are responsible for compliance with all applicable laws, regulations, and industry standards in their communications and fundraising efforts.

7. Term and Termination

7.1. This Agreement shall be effective as of the Effective Date, and shall continue until terminated in accordance with the provisions of this Agreement.

7.2. This Agreement may be terminated upon 30 days written notice by either party with or without cause by providing written notice to the other party. Either Party may terminate this Agreement upon any material breach of the Agreement by the other Party, if such breach is not remedied to the reasonable satisfaction of the nonbreaching Party within twenty (20) days after written notice.

7.3. DailyKarma shall disburse to DailyKarma Foundation for the benefit of non-profit all donations triggered by sales or other actions generated by Influencer or its Influencer Impact Marketplace Network Site through the date of termination.

8. Confidentiality

8.1. Influencer shall maintain the confidentiality of non-public information received from DailyKarma during the term of this Agreement.

9. Dispute Resolution

9.1. Any disputes or claims arising under or in connection with this Agreement will be resolved through good faith negotiations. If a resolution cannot be reached, the parties agree to binding arbitration in accordance with the rules of the American Arbitration Association, and any judgment rendered by the arbitrator shall be binding and final.

10. Entire Agreement

This Agreement constitutes the entire agreement between the Parties and supersedes all prior understandings and agreements. This Agreement shall not be modified or amended except in writing signed by the authorized representatives of each Party.