Cato Fashions affiliate program
At Cato, you'll find the latest fashion styles for any occasion – work or play, dressy or casual in junior/misses and plus sizes. We've got great jewelry, shoes and accessories, too. You can count on Cato for new fashions every week at low prices, every day! This program offers a 30-day cookie duration period.
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Terms and Conditions:
We do not allow trademark bidding.
We do not allow direct linking.
We do not allow downloadable software partners to join our program.
We allow incentivized partners.
We allow email marketing. All partners must be Can-SPAM compliant and must contact us prior to running these for suppression lists. Any partner that doesn't reach out first is considered to be in violation of our terms and conditions.
CONSULTING AGREEMENT
THIS AGREEMENT is made as of , 2022 between THE CATO CORPORATION, corporation organized under the laws of the state of Delaware and having offices at 8100 Denmark Road, Charlotte, NC 28273 (hereinafter called the "COMPANY") and [consultants name] , having a mailing address at (hereinafter called "CONSULTANT").
The parties hereby agree as follows:
1. The COMPANY desires to engage the CONSULTANT as an independent contractor and the CONSULTANT agrees to provide services as described in the attached Statement of Work, annexed hereto and incorporated herein. CONSULTANTs services will be provided exclusively by [consultants name].
2. This Agreement commences on the date written above and shall continue until terminated by the parties as provided for herein or in any Statement of Work.
3. The CONSULTANT agrees that he/she shall perform consulting services for the COMPANY and collaborate with Company to form an influencer campaign which will include the generation of sponsored content and creative works (the Services or Content or Consultant Works) as described in a Statement of Work.
4. The COMPANY shall pay CONSULTANT a rate as set forth in the Statement of Work. Said sum is intended to fully compensate CONSULTANT so that COMPANY shall not reimburse CONSULTANT for any additional expenses in connection with the performance of the Services
5. The parties acknowledge that this is not an employment agreement and that Consultant is an independent contractor and not a servant or employee of Company. CONSULTANT shall have no power, nor shall CONSULTANT represent that s/he has any power, to bind the COMPANY or to assume or to create any obligation or responsibility, expressed or implied, on behalf of or in the name of the COMPANY, or that s/he is an employee of the Company. As an independent contractor, the CONSULTANT shall be responsible for any personal injury or property damage which s/he may suffer or cause in the course of or in connection with the performance of the consulting services under this Agreement. The CONSULTANT agrees not to make any claims against the COMPANY or any of its subsidiaries or affiliates for any injury or loss which the CONSULTANT may suffer, unless caused by the gross negligence or willful misconduct of COMPANY.
6. This Agreement may be terminated by either party upon five (5) days prior written notice to the other party. Notwithstanding the foregoing, the COMPANY shall have the right to immediately terminate this Agreement without notice at any time when, in its sole judgment, the CONSULTANT has neglected his/her duties, engaged in misconduct, or has breached this Agreement.
7. The compensation provided herein shall be the only compensation due to the CONSULTANT from the COMPANY or any of its subsidiaries or affiliates. As an independent contractor, the CONSULTANT shall not be entitled to any benefits that the COMPANY makes available to its employees. Because the CONSULTANT is an independent contractor, CONSULTANT will, if applicable based on the compensation paid, receive an IRS Form 1099 from the COMPANY. The COMPANY will not withhold from any compensation earned by the CONSULTANT any payroll deductions, contributions, taxes or fees required of the CONSULTANT, unless required by the laws of CONSULTANTS domicile. The CONSULTANT shall indemnify the COMPANY against the payment of all wages and of all payroll deductions, contributions, taxes or fees lawfully required of the CONSULTANT.
8. CONSULTANT represents and warrants to the COMPANY that this Agreement does not and will not conflict with or violate other terms of any agreement, expressed or implied that s/he may have with any other party.
9. Unless required by Court Order, the CONSULTANT shall not for any reason, nor at any time during or after the term of this Agreement, use or disclose to any person, any secret or confidential information given to him/her by the COMPANY or obtained in the course, or as a result, of his/her consulting services hereunder, unless authorized to do so in writing by an officer of the COMPANY. Any information not generally available to the public shall be considered secret or confidential for purposes of this Agreement.
10. All Content that (a) CONSULTANT develops for COMPANY pursuant to this Agreement or at the request of COMPANY, or (b) that is based upon or uses confidential or proprietary information of COMPANY (collectively, Consultant Works) shall, upon the creation, conception or development by CONSULTANT, remain the sole and exclusive property of CONSULTANT. In consideration for the fees paid under this Agreement, CONSULTANT hereby grants COMPANY a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and irrevocable license to use, reproduce, modify, display, distribute, and publicly perform the Consultant Works solely for the purpose of promoting the Brand and the existence of this partnership. Nothing in the Agreement shall be deemed a license to CONSULTANT to use any intellectual property of COMPANY.
11. At all times, CONSULTANT shall promote the interests of the COMPANY with the utmost good faith and follow all instructions, standards and guidelines provided by the COMPANY, disclose all adverse material facts known or discovered by CONSULTANT in performance of his/her duties under the Agreement or otherwise, and comply with all applicable laws, rules and regulations. CONSULTANT shall clearly disclose their partnership with the COMPANY in any Content generated pursuant to this Agreement. Such Content shall be free of obscene or objectionable language and images and will not infringe on the intellectual property rights or privacy rights of any third parties. This Agreement shall not be construed to restrict CONSULTANT's general right to engage in its ordinary and independent business operations or its existing or future commercial relationships with any third party.
12. Termination of this Agreement shall not relieve the CONSULTANT of his/her obligations under Paragraphs 8, 9, 10, and 11 of this Agreement.
13. This Agreement constitutes the entire understanding of the parties hereto, and may not be changed, modified or terminated orally, but only in writing signed by both parties hereto.
14. All notices pursuant to this Agreement shall be in writing, duly signed by the party giving such notice and shall be personally delivered, faxed or mailed by registered, certified mail, or international carrier, where applicable, as follows:
If given to CONSULTANT:
If given to COMPANY:
The Cato Corporation
8100 Denmark Road
Charlotte, North Carolina, USA 28273
Attn: Kerry Walter
15. This Agreement shall be governed by, and construed in accordance with the laws of the state of North Carolina without giving effect to any choice-of-law rules that may require the application of the laws of another jurisdiction. The parties agree that the exclusive jurisdiction (personal and, as allowed, subject matter) and venue for any action relating to this Agreement shall be a federal or state court in Charlotte, North Carolina and the parties hereby consent to such jurisdiction and venue, and this Agreement shall be binding upon the respective heirs, administrators, legal representatives, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement and delivered this instrument as of the date first written above.
THE CATO CORPORATION
By:
CONSULTANT
