Tastemaker Program Terms & Conditions

Updated: December 5, 2024

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

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.

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: All deliverables and performance metrics are calculated as averages over the program duration and are not guaranteed to be met each month. Variations in performance are expected based on seasonal activity, creator availability, and other factors.

  • Adjustments: Crafted Pour does not offer refunds for partial months or underperformance. However, at its discretion, Crafted Pour may offer make-goods, such as 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 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 edit or create derivative works from the content, provided attribution is maintained and terms of use are followed.

  • Term of Use: Brands may only publish the content while actively participating in the Tastemaker Program as a paying client. Published content created during participation may remain in use after termination, but further publishing or distribution must cease.

4. Product Handling and Responsibilities

  • No Product Handling by Crafted Pour: Crafted Pour does not manufacture, distribute, retail, or handle any products. All logistics for shipping products to creators are the sole responsibility of the brand.

  • Types of Products: Products may include liquor (e.g., spirits) and non-liquor items (e.g., mixers, syrups, bar tools). Brands must ensure compliance with relevant laws and suitability for the intended content creation.

  • Creator Shipping Information: Crafted Pour will provide brands with creator shipping information at the beginning of each calendar month. Brands must ensure timely delivery of products to creators.

  • Shipping Costs: All costs associated with shipping products, including compliance and logistics, are the brand’s responsibility.

  • Compliance with Regulations: Brands must ensure that all shipments comply with federal, state, and local laws, particularly for alcohol-related products.

5. Billing and Payment

  • Invoicing: Invoices will be issued at the beginning of the calendar month prior to the month of service.

  • Payment Terms: Payment is due by the 15th of the month prior to the service month. Services will be paused if payment is not received before the start of the service month.

  • Payment Methods: Preferred payment methods are EFT, wire transfer, or Zelle, with details provided on the invoice. Other payment methods may be arranged upon request and are subject to approval.

6. Legal and Program Protections

  • Dispute Resolution: Any disputes shall first be resolved through good-faith negotiation. If unresolved, disputes will be submitted to binding arbitration in California, with each party bearing its own costs. The decision of the arbitrator shall be final.

  • Force Majeure: Neither party shall be liable for delays or failures caused by circumstances beyond their control, including natural disasters, labor disputes, or regulatory changes.

  • Limitation of Liability: Crafted Pour’s liability for claims arising from this agreement shall not exceed the total fees paid by the brand for the program during the prior 12 months.

7. Intellectual Property and Program Adaptability

  • Crafted Pour’s IP: All tools, plugins, and systems used in the Tastemaker Program remain the exclusive property of Crafted Pour. Brands are granted a non-exclusive, revocable license to use these tools during their participation in the program.

  • Program Adaptability: Crafted Pour reserves the right to adapt the program, including adding or discontinuing features. Changes will be communicated in advance, and new premium features may incur additional costs.

8. Transparency and Reporting

  • Performance Updates: Crafted Pour will provide performance updates, including reach and engagement metrics, at the end of each calendar month or as otherwise agreed upon in the invoice or SOW.

  • Data Sharing: Aggregated performance data may be used for Crafted Pour’s marketing and operational purposes without disclosing specific brand or creator details.

9. Termination Terms

  • Termination Without Cause: Brands may terminate participation by providing notice at least one calendar month before the desired termination date.

  • Termination for Cause: Crafted Pour may terminate this agreement immediately if the brand:

    1. Violates content use policies.

    2. Fails to comply with program terms.

    3. Engages in conduct harming Crafted Pour’s reputation or violating legal standards.

10. Brand Representations and Warranties

  • Compliance: The brand represents that all products and promotional practices comply with applicable laws and do not infringe on third-party rights.

  • Liability: The brand indemnifies Crafted Pour against claims arising from non-compliance or misuse of Tastemaker content.