• Sierato Promotional Collaboration Agreement

    Thank you for your interest in collaborating with Sierato! This agreement establishes the expectations, promotional requirements, and responsibilities associated with receiving a custom sneaker project at a discounted promotional rate or no charge. Please complete all sections carefully.
  • Format: (000) 000-0000.
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  • PRIMARY PROMOTIONAL PLATFORM (most followed account where you actively post)*
  • The Promotional Partner acknowledges that promotional obligations may not be fulfilled through secondary accounts, private accounts, backup accounts, fan pages, team-managed accounts not primarily associated with the Promotional Partner, or accounts with substantially lower reach than the Primary Promotional Platform listed above.

    Promotional obligations under this Agreement are personal to the Promotional Partner and may not be delegated, assigned, or transferred without prior written approval from Sierato.
  • By entering into this promotional collaboration, the Promotional Partner agrees to complete the following promotional obligations within thirty (30) calendar days of receiving the completed custom footwear or Art piece:

  • • Publish one (1) permanent feed post, carousel post, or reel on the Primary Promotional Platform identified in this Agreement featuring the custom footwear and/or artwork.

    • Publish one (1) story post featuring the custom footwear and/or artwork.

    • Clearly showcase the custom footwear or artwork so the main design can be easily viewed and appreciated.

    • Directly tag @sierato in all required promotional content.

    • Clearly credit Sierato as the creator of the custom footwear within the caption, post text, or accompanying description. (I.E: "Shoes painted by @Sierato" or "@Sierato made me these...")

    • Maintain the required permanent promotional content publicly visible for a minimum of ninety (90) consecutive days.

    • If the Promotional Partner is an athlete, they agree to wear the custom footwear during at least one public appearance reasonably expected to generate meaningful visibility, such as an official game, showcase event, media day, tournament, rivalry matchup, sponsored appearance, press event, or similar public-facing event within ninety (90) consecutive days of receiving the Custom Shoes.  (Only applicable for sneaker customs.) 

  • Examples of Content That Satisfies This Agreement

    Acceptable examples include:
  • • Wearing the shoes during a game or public event

    • Posting professional game photos featuring the shoes

    • Carousel posts with close-up images of the artwork

    • Reels showcasing the custom details

    • Outfit photos where the shoes are clearly visible

    • Unboxing videos

    • Media day photography

    • Behind-the-scenes content

    Stories alone do not satisfy this Agreement.

    The shoes must be clearly visible.

    @sierato must be tagged.

    Sierato must be credited as the creator.

    Content must remain publicly visible for at least ninety (90) days.

    Promotional Partner agrees to provide Sierato with links, screenshots, or other reasonable proof of completed promotional obligations upon request.

  • Promotional Participation, Cancellation & Failure to Perform

    The promotional pricing and/or complimentary services provided under this Agreement are offered in exchange for promotional deliverables and participation obligations. The following terms govern cancellation, buyout options, and failure to perform.
  • Cancellation Prior to Production

    If Promotional Partner elects to cancel this Agreement before any customization work has begun, Promotional Partner may terminate participation by providing written notice to Sierato.
  • In such event, Promotional Partner shall only be responsible for reimbursement of any expenses already incurred, including but not limited to:

    • Shipping and handling costs

    • Materials purchased specifically for the project

    • Consultation, design, and administrative time already completed

    • A minimum administrative cancellation fee of $150.00

    Upon payment of all applicable fees, this Agreement shall be considered terminated and no further obligations shall remain.

  • PROMOTIONAL BUYOUT OPTION

    If Promotional Partner receives a completed project but later determines they are unable or unwilling to complete the required promotional obligations, Promotional Partner may elect to purchase a release from those obligations by providing written notice to Sierato within thirty (30) days of project delivery.
  • Upon exercising this option, Promotional Partner agrees to pay the applicable Promotional Buyout Fee listed below via invoice.

    Complimentary (Free of Charge) Influencer Projects:

    • Minimum Buyout Fee: $3,000.00 

    • If the fair market retail value of the completed project exceeds $3,000.00, the higher amount shall apply.

    (Unless otherwise agreed in writing.)

    Discounted MVP Promotional Projects:

    • High School Athlete Promotional Rate ($300): Buyout Fee = Fair Market Retail Value of Project

    • College / Semi-Pro Promotional Rate ($500): Buyout Fee = Fair Market Retail Value of Project

    • Professional Athlete Promotional Rate ($750): Buyout Fee = Fair Market Retail Value of Project

    Fair market retail value shall be determined using Sierato's standard commissioned pricing, project complexity, labor, materials, consultation, and comparable projects, and communicated to Promotional Partner with a written statement identifying the applicable Buyout Fee and the basis used to determine the project's fair market retail value.

    Payment of the applicable Buyout Fee shall fully satisfy all remaining promotional obligations under this Agreement.

  • Failure To Perform Promotional Obligations / BREACH

    If Promotional Partner fails to complete required promotional obligations, fails to exercise the Promotional Buyout Option, refuses communication, abandons participation, or otherwise fails to comply with the terms of this Agreement, such conduct shall constitute a material breach of contract.
  • In the event of breach, Promotional Partner agrees that Sierato shall be entitled to pursue recovery of the fair market retail value of the completed project together with any associated damages, costs, and losses arising from the breach, including but not limited to:

    The fair market retail value of the completed project plus any associated damages, costs, and losses arising from the breach, including but not limited to:

    • Labor and production costs

    • Materials and supplies

    • Design and consultation services

    • Shipping and handling expenses

    • Photography and videography costs

    • Content creation expenses

    • Administrative costs

    • Collection costs

    • Court costs

    • Reasonable attorney fees where permitted by law

    • Lost business opportunities resulting from the reserved project schedule

    Fair market retail value shall be determined based upon the approved design scope, anticipated labor, materials, project complexity, and comparable commissioned work, as documented in the Estimated Fair Market Retail Value section below.

    Prior to pursuing remedies under the Failure to Perform Promotional Obligations section, Sierato shall provide written notice of non-compliance. Promotional Partner shall have thirty (30) calendar days from receipt of such notice to cure the non-compliance.

  • Estimated Fair Market Retail Value

    Prior to the commencement of any customization work, Sierato may determine an estimated fair market retail value for the completed project based upon the approved design scope, anticipated labor, materials, and overall project complexity. Promotional Partner acknowledges that the final fair market retail value of the project may vary based on the final approved design, labor required, materials used, and overall project execution.
  • Sierato reserves the right to:

  • • Modify requested design concepts as necessary.

    • Refuse specific design elements, themes, logos, imagery, or requests that are inconsistent with Sierato's artistic style, brand standards, technical limitations, or business policies.

    • Determine the final artistic direction, layout, and execution of the project.

    • Cancel a project prior to production for any reason.

    • Request additional information, inspiration, or clarification before completing a project.

    PROMOTIONAL PROJECT PRIORITY & TIMELINES


    The Promotional Partner acknowledges that promotional projects are offered at a reduced rate or complimentary rate in exchange for promotional consideration.

    As a result, paid client commissions, commercial projects, event obligations, and other revenue-generating work may take scheduling priority over promotional collaborations.

    While Sierato will make reasonable efforts to complete promotional projects in a timely manner, production timelines may vary and are not guaranteed.

    The Promotional Partner understands and agrees that:

    • Promotional projects may be delayed, rescheduled, or temporarily paused to accommodate paid client work.

    • Estimated completion dates are estimates only and may change.

    • Sierato will make reasonable efforts to provide notice of any significant scheduling changes or delays.

    • Such delays shall not constitute a breach of this Agreement and shall not create any entitlement to compensation, refunds, damages, or other claims against Sierato.

    • The Promotional Partner's obligations under this Agreement shall remain in effect regardless of project scheduling adjustments.

    The promotional obligation period outlined in this Agreement shall not begin until the completed custom footwear or artwork has been delivered to the Promotional Partner as confirmed by carrier tracking records.

  • By signing below, Promotional Partner confirms they have read, understood, and agree to all terms contained within this Promotional Collaboration Agreement.

  • This Agreement shall be governed by and interpreted under the laws of the State of Maryland.

  • The parties agree that electronic signatures and electronically submitted forms shall be deemed original signatures and shall have the same force and effect as physical signatures.

  • Date*
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