FUEGO INC.

INDEPENDENT INFLUENCER AGREEMENT

This Independent Influencer Agreement (including any schedules, exhibits or addenda attached hereto, the “Agreement”), is made
and entered into as of the date identified below (the “Effective Date”), by and between Fuego Inc. (“Fuego”), and the influencer identified below (“Independent Influencer” or “you”). In consideration of the mutual promises contained herein, the parties agree as follows:

1. Services.
Independent Influencer agrees to provide to Fuego under the terms and conditions of this Agreement, services (the “Services”) in
connection with Fuego’s Independent Influencer Program (the “Program”). As part of the Services, Independent Influencer will generate and post content (including, without limitation, text, videos and images) regarding Fuego brand and Fuego products on Independent Influencer’s dedicated page (the “Influencer Page”) and/or on Influencer's Instagram, Instagram Story, Twitter, Facebook, blog and potentially YouTube and Pinterest (the “Social Channels”) (collectively the “Content”) in an effort to generate sales.

Independent Influencer agrees to:
- Devote such of his/her time, resources and best efforts to the Services as is reasonably necessary to perform them in a professional and diligent manner.
- Comply with all applicable laws and regulations.
- Determine, in his /her discretion, the time, place, manner, means, methods and independent/personal resources by which the Services are performed and achieved.
- Provide and utilize his/her own equipment, tools and other resources in performing the Services but Fuego will provide to
Independent Influencer certain informational materials to facilitate the creation of Independent Influencer's created content to his/her Influencer Page and/or Social Channels (such templates and other materials are collectively referred to as the “Fuego Materials”).
- Will be responsible for (i) creating and editing the Content and (ii) posting such Content on the Social Channels.

Fuego has the right to request removal of any Content from the Influencer Page.

It is understood and agreed that Independent Influencer will be an independent contractor, is not and will not be considered
an agent or employee of Fuego (or any of its affiliates or related entities), and shall have no authority to bind Fuego (or its affiliates or related entities) by contract or otherwise.

2. Restrictions.
Independent Influencer agrees that they will not:
- Make any derogatory statements about Fuego and/or Fuego products
- Link to any third-party websites, other than the Social Channels, on the Influencer Page or otherwise redirect visitors of the Influencer Page to third-party websites
- Resell or distribute any Fuego products, including those received for free or as gifts, for commercial purposes, other than via
the Influencer Page
- Promote Fuego products, the Fuego brand, the Program and/or the Influencer Page via any website, media, social media, or
electronic presence or resource that may be considered pornographic, lewd, offensive, or discriminate
- Engage in any fraudulent transactions, as reasonably determined by Fuego, including without limitation making transactions from Influencer's IP addresses or computers under Influencer's control.

3. Compensation.
In consideration for the Services, Fuego will pay to Independent Influencer the agreed upon percentage of the Net Revenue collected by Fuego in accordance with the Commission Appendix below. “Net Revenue” means gross fees received by Fuego from Qualifying Orders (as defined below), less amounts paid for using store credit or gift certificates, taxes, duties and transaction-based costs and expenses, including but not limited to payment process fees and shipping fees. For purposes of this Agreement, 

“Qualifying Orders” means purchases of Fuego product(s) via the Influencer link or code that are made by a method of payment accepted by Fuego. The Commission is also only paid to Independent Influencer if the Qualifying Order is final -any returns will cause that specific Commission to be deducted out of the monthly payouts. The Commission will be calculated solely based on records maintained by Fuego using its standard methodologies. Fuego will pay Independent Influencer its Commission twice per month. Commissions due hereunder will be made by Fuego to Independent Influencer through its payment processor (“Payment Processor”), which, as of the Effective Date, is PayPal Holdings, Inc. Independent Influencer is solely responsible for creating and maintaining a Payment Processor account and communicating such account information to Fuego for purposes of receiving the
payments set forth herein. Fuego is not responsible for making any payments based on any amounts which result from any fraudulent transactions, as reasonably determined by Fuego, including without limitation any transactions originating from Influencer 's IP addresses, email, name or computers under Influencer's control. Fuego is not responsible for payments that failed to be collected from the Payment Processor.


4. Confidentiality.
Definition. “Confidential Information” means all trade secrets and confidential or proprietary information, whether or not in writing, concerning Fuego's business technology, business relationships or financial affairs or products that Fuego has not released to the general public. By way of illustration, Confidential Information includes, but is not limited to, information or material which has not been made generally available to the public, such as: (i) corporate information , including plans, strategies, method, policies, resolutions, negotiations or litigation;(ii) marketing information, including strategies methods, customer identities or other information about customers , prospect identities or other information about prospects, or market analyses or projections; (iii) financial information, including cost and performance data (iv) operational and technological information , including plans, specifications, manuals, forms, templates, software, designs, methods, procedures, formulas, discoveries, inventions improvements, concepts and ideas; and (v) personnel information, including personnel lists, reporting or organizational structure, resumes, personnel data. Confidential Information also includes information received in confidence by Fuego from its customers or suppliers or other third parties.

Non-Disclosure and Non-Use Obligations.
Independent Influencer will not, at any time, without Fuego 's prior written permission, either during or after the term of this Agreement, disclose any Confidential Information to anyone outside of Fuego, or use or permit to be used any Confidential Information for any purpose other than the performance of the Services for or on behalf of Fuego. Independent Influencer will cooperate with Fuego and use best efforts to prevent the unauthorized disclosure or use of any and all Confidential Information. Independent Influencer will deliver to Fuego all copies of Confidential Information in Independent Influencer's possession or control upon the earlier of a request by Fuego or termination of this Agreement for any reason.

Information of Third Parties. 

Independent Influencer understands that Fuego is now and may hereafter be subject to non-disclosure or confidentiality agreements with third persons which require Fuego to protect or refrain from use of Confidential Information. Independent
Influencer agrees to be bound by the terms of such agreements in the event Independent Influencer has access to such Confidential Information.

5. Intellectual Property Rights.
Content License.
Independent Influencer hereby grants to Fuego and its subsidiaries, affiliates, licensees, agents, representatives, successors
and assigns:
- Unrestricted, fully-paid, royalty free, exclusive, transferable and irrevocable rights, power and authority to use, reproduce,
publish, print, distribute, transmit, copy or otherwise use any of the Content, worldwide and perpetually, in whole or in part, in any medium known now or later discovered, for the purpose of its advertisements, promotions, marketing activities, public relations, educational and other commercial or non-commercial purposes.

- Independent Influencer shall have the revocable, unlimited, perpetual and worldwide right to use the Content, for Independent Influencer’s promotional purposes, in any and all media now known or hereafter developed.

- With respect to Content which portrays Independent Influencer’s face, body and voice (the “Restricted Materials”), Fuego shall
have the right to use the Restricted Materials upon prior approval from Independent Influencer.

6. Other Developments.
- Independent Influencer hereby grants to Fuego and its affiliated companies, successors and assigns, the royalty-free, perpetual,
unrestricted, transferable, irrevocable sublicensable, non-exclusive, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content or other materials, other than the
Content, (i) submitted to Fuego in connection with the Program or (ii) otherwise created by Independent Influencer in connection with the Services, (collectively, the “Other Developments”)

7. Fuego Materials and Trademark.
Except for Independent Influencer's limited right to use the Fuego Materials solely in connection with performing the Services, Fuego retains all right title and interest in the Fuego Materials, including all related intellectual property rights. Fuego hereby grants to Independent Influencer, a limited, non-exclusive, non-transferable license to use and display Fuego's name, website address, logo and trade names (the “Marks”), solely in connection with performing the Services.

Independent Influencer agrees that any use of the Marks:
- Will comply with Fuego's quality standards and trademark guidelines, which may be provided by Fuego to Independent Influencer
from time to time
- Will solely inure to the benefit of Fuego. The Marks are proprietary and nothing in this Agreement constitutes the grant of a
general license for their use. Independent Influencer does not acquire any right, title or interest in the Marks or the goodwill associated therewith.
- Independent Influencer agrees not to (A) attack the Marks or assist anyone in attack in the Marks, and (B) make any application to register the Marks or use any confusingly similar trademark, service mark, trade name, iconography, or derivation thereof including, but not limited to, the registration of any domain name including any of the Marks, during the term of this Agreement and
thereafter.

8. Federal Trade Commission Requirements.
Independent Influencer acknowledges and agrees that the provisions of the Federal Trade Commission's Guides Concerning Use of Endorsements and Testimonials in Advertising (the “Guides”) apply to Independent Influencer's provision of the Services hereunder. Independent Influencer represents and warrants that he or she has read and understands the Guides and their requirements, and that the Content and Other Developments (including, without limitation, social media communications regarding Fuego products, the Fuego brand and/or the Program) will contain clear and prominent disclosures compliant with the Guides.

9. Independent Influencer Social Channels.
In connection with performing the Services, Independent Influencer may link certain of his or her Social Channels to the
Influencer Page. If Independent Influence so elects, Fuego may link to, and stream content from such Social Channels on its websites, social media channels and in other Fuego advertising and promotional materials.


10. Independent Influencer represents and warrants that:
- He or she is at least 18 year of age and legally allowed to live and work in his/her country of residence
- The Services will be performed in a professional, lawful and workmanlike manner, in accordance with any terms and conditions set forth herein and in the Fuego Materials;
- The Content and Other Developments are Independent Influencer' s original work
- Use of the Content and Other Developments by Fuego will not infringe or involve the misappropriation of any third party rights
- All clearances and licenses relating to the use of the Content or Other Developments have been obtained by Independent Influencer
- Except as expressly set forth herein, no fee, compensation or any other payment whatsoever will be payable by Fuego for any
Content or Other Developments or any content or material incorporated therein to any third party;
- He or she will comply with all applicable laws, rules and regulations, including the Guides

11. Indemnification.
Independent Influencer shall indemnify and hold Fuego, its affiliates and their respective directors, officers, agents and employees
harmless from and against all claims, demands, losses, damages and judgments, including court costs and attorneys' fees, arising out of or based upon the Services and/or Independent Influencer's performance thereof including, but not limited to, (a) any claim that the Services provided hereunder or, any related intellectual property rights or the exercise of any rights in or to any
Content, Other Development, Influencer IP or related intellectual property rights infringe on, constitute a misappropriation of the subject matter of, or otherwise violate any patent, copyright, trade secret, or trademark of any person or breaches any person' s contractual rights; and (b) any breach or alleged breach by Independent Influencer of any representation, warranty, certification, covenant, obligation or other agreement set forth in this Agreement.

12. Term; Termination.
This Agreement will commence on the Effective Date and continue until terminated as set forth herein. Either party may terminate
this Agreement for convenience upon at least seven (7) days' prior written notice thereof to the other party. Fuego may, in addition to any other rights it may have at law or in equity, terminate this Agreement immediately and without prior notice if Independent Influencer refuses to or is unable to perform the Services or is in breach of any material provision of this Agreement. Upon any termination of this Agreement, all rights and duties of the parties toward each other shall cease.



13. Independent Contractor; No Agency.
Independent Influencer is not and shall not be deemed an employee, agent, joint venture or partner of Fuego, and neither party
shall have any right or authority to assume or create any obligation on behalf of or bind the other party in any manner whatsoever.


Limitation of Liability.
IN NO EVENT SHALL FUEGO, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (EACH, A “FUEGO PARTY”) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM OR RELATED TO THIS AGREEMENT, THE FUEGO PRODUCTS AND/OR THE PROGRAM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH FUEGO PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. IN SUCH STATES, THE LIABILITY OF THE FUEGO PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Commission Appendix
Influencers will receive 10% commission on sales made with their code or affiliate link. The sale must be a qualifying purchase. To qualify, a sale MAY NOT include any returned products, MAY NOT include purchases made with gift cards or other discounts, MAY NOT include sales made from coupon code websites.
 

At Fuego Inc one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by fuegodance.com and how we use it.

If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us.

This Privacy Policy applies only to our visitors to fuegoflow.refersion.com with regards to the information that they shared and/or collect in fuegoflow.refersion.com. This policy is not applicable to any information collected offline or via channels other than this website.

Consent

By using our website, you hereby consent to our Privacy Policy and agree to its terms.

Information we collect

The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.

If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.

When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number.

How we use your information

We use the information we collect in various ways, including to:

• Provide, operate and maintain our website
  
• Improve, personalize, and expand our website
  
• Understand and analyze how you use our website
  
• Communicate with you, either directly or through one of our partners, including for customer service,
  to provide you with updates and other information relating to the website, and for marketing and promotional purposes
  
• Send you emails
  
• Find and prevent fraud

CCPA Privacy Rights (Do Not Sell My Personal Information)

Under the CCPA, among other rights, California consumers have the right to:

Request that a business that collects a consumer's personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.

Request that a business delete any personal data about the consumer that a business has collected.

Request that a business that sells a consumer's personal data, not sell the consumer's personal data.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

GDPR Data Protection Rights

We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

The right to access – You have the right to request copies of your personal data. We may charge you a
small fee for this service.

The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.

The right to erasure – You have the right to request that we erase your personal data, under certain
conditions.

The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.

The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.

The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

Children's Information 

Fuego Inc does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.