Tastemaker Program Terms & Conditions

Updated: December 5, 2024

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This agreement is effective as of the date specified on the associated invoice issued by CraftedPour, Inc. ("Crafted Pour").

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1. Program Overview

The Tastemaker Program connects brands with talented mixologists and influencers to generate high-quality cocktail recipes, photos, and related content. This content showcases your products, driving consumer engagement and brand visibility across Crafted Pour’s ecosystem and affiliated platforms.

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2. Program Deliverables
  • Deliverables: The number of participating creators is specified on your invoice. Each creator will produce an average of two or more cocktail recipes, social posts, and accompanying photos or stories within 90 days, unless otherwise stated on the invoice.
  • Metrics as Averages: Deliverables and performance metrics are calculated as averages over the program duration. They are not guaranteed on a monthly basis. Seasonal activity, creator availability, and other factors may cause variations.
  • Adjustments: Crafted Pour does not issue refunds for partial months or underperformance. At its discretion, make-goods may be offered (e.g., additional content or extended service periods).
3. Content Use and Rights
  • Usage Rights: Brands may use Tastemaker-created content for marketing and non-commercial purposes, such as on social media, websites, and promotional materials.
  • Attribution: All content must include appropriate attribution to the creator, as specified by Crafted Pour.
  • Content Modification: Brands may modify or create derivative works from the content, provided attribution is maintained and terms are followed.
  • Term of Use: Content may be published while the brand is an active, paying client. Content created during participation may remain in use after termination, but new publishing or distribution must cease.
4. Product Handling and Responsibilities
  • No Product Handling by Crafted Pour: Crafted Pour does not handle or ship products. Logistics for shipping products to creators are the brand’s responsibility.
  • Types of Products: May include liquor (e.g., spirits) and non-liquor items (e.g., mixers, syrups, bar tools). Brands must ensure compliance with applicable laws.
  • Creator Shipping Information: Crafted Pour provides creator shipping details at the start of each calendar month. Brands must ensure timely delivery.
  • Shipping Costs: All shipping-related costs and compliance responsibilities lie with the brand.
  • Regulatory Compliance: Brands must ensure all product shipments comply with federal, state, and local regulations.
5. Billing and Payment
  • Invoicing: Issued at the start of the calendar month prior to the service month.
  • Payment Terms: Payment is due by the 15th of the prior month. Services are paused if payment is not received before the service month begins.
  • Payment Methods: Preferred methods are EFT, wire transfer, or Zelle (details provided on invoice). Alternative methods may be arranged upon request.
6. Legal and Program Protections
  • Dispute Resolution: Disputes must first be addressed through good-faith negotiation. If unresolved, they will be submitted to binding arbitration in California. Each party bears its own costs.
  • Force Majeure: Neither party is liable for delays or failures due to events beyond their control (e.g., natural disasters, labor disputes, regulatory changes).
  • Limitation of Liability: Crafted Pour’s liability is limited to the total fees paid by the brand for the program in the prior 12 months.
7. Intellectual Property and Program Adaptability
  • Crafted Pour IP: All tools, plugins, and systems used in the Tastemaker Program are the exclusive property of Crafted Pour. Brands are granted a non-exclusive, revocable license to use them while enrolled.
  • Program Changes: Crafted Pour may adapt or update the program at its discretion. Advance notice will be given for changes; new premium features may incur additional costs.
8. Transparency and Reporting
  • Performance Updates: Monthly performance updates, including reach and engagement metrics, are provided or delivered as agreed in the invoice or scope of work.
  • Data Sharing: Aggregated data may be used by Crafted Pour for marketing and operations, without revealing specific brand or creator details.
9. Termination Terms
  • Termination Without Cause: Brands may terminate by providing notice at least one full calendar month in advance.
  • Termination for Cause: Crafted Pour may immediately terminate the agreement if the brand:
    • Violates content use policies
    • Fails to comply with program terms
    • Engages in conduct that harms Crafted Pour’s reputation or violates legal standards
10. Brand Representations and Warranties
  • Compliance: The brand represents that its products and promotional practices comply with all applicable laws and do not infringe on third-party rights.
  • Indemnification: The brand agrees to indemnify Crafted Pour against claims arising from non-compliance or misuse of Tastemaker content.