TERMS AND CONDITIONS FOR INFLUENCERS USING THE INFLUENCER PLATFORM
1. ABOUT US
The Influencer marketing platform (the “Platform”) is operated by The Influencer Technologies FZ LLC, registered number [94323] of In5 Tech, Cordoba blg, Knowledge Village, Dubai, United Arab Emirates (“us”, “we”, “our”). We operate the website https://www.theinfluencer.com/ (the “Website”).
The Platform enables advertisers, marketers or their agents (collectively, “Campaign Initiators”) to search a database for influencers (“you”) and create assignments for campaigns which you may be able to participate in to create and distribute content on social media platforms to promote the Campaign Initiators campaign (“Assignments”).
Contacting us. To contact us e-mail us at hello@theinfluencer.com.
2. TERMS
2.1 By registering to use the Platform and/or by accessing or using the Platform, you agree you have read and agree to be bound by these Terms and Conditions as amended by us from time to time (“Terms”).
2.2 These Terms apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.3 If you do not agree to these Terms, or do not meet the requirements set out in these Terms, you must not register with us and/or use the Platform.
2.4 You are responsible for ensuring that in registering to use the Platform and/or accessing or using the Platform you are at all times in compliance with laws that are applicable to you, including, if required under applicable laws, being registered as a business.
2.5 You should print a copy of these Terms or save them to your computer for future reference.
2.6 We reserve the right to modify these Terms from time to time and will update you of such modifications by revising the “Last Updated” date at the top of this page. The modified Terms will be effective immediately upon posting. Your continued use of the Platform after the posting of the modified Terms constitutes your agreement to be bound by them, as modified. If you object to any modification, your sole recourse is to cease your use of the Platform.
3 PRIVACY POLICY
By registering to use the Platform you are agreeing to us using your information, which may include personal information, for the purposes of the Platform. Any personal information provided by you shall be subject to the terms of our Privacy Policy, which are incorporated herein by reference. Our Privacy Policy also regulates how you share your personal information. Click here to read our Privacy Policy
4 REGISTRATION WITH THE PLATFORM
4.1 To register to use the Platform you must create a user profile. You will be required to submit certain personal information including your photo, name, gender, date of birth, language, nationality, country of residence, address, telephone number, a biography, your interests, your social media networks, what types of collaboration you are willing to undertake and your rate card. All of the above information will be available on your profile page for Campaign Initiators using the Platform to view. You will also be required to provide your bank details to enable payment. Bank details will not be made available to any other party including Campaign Initiators.
4.2 All information you provide must be accurate and you must ensure that you keep it updated at all times.
4.3 You must be 16 years or older to register with and use the Platform and if you are under 18 years old then you must ensure that a parent or guardian is responsible for managing your user account.
4.4 We may refuse to grant you, and you may not use, a username (or e-mail address) that: (a) is already being used by someone else; (b) may or does impersonate another person; (c) belongs to another person; (d) violates the intellectual property or other rights of any person; (e) is vulgar or otherwise offensive; and/or (e) that we reject for any other reason in our sole discretion.
4.5 You must keep your user name and password safe and secure and not share them with anyone else. You must notify us immediately if you believe that your user account is being misused or hacked and you should ensure that you log out after you have finished using the Platform.
4.6 If your user profile is not complete your account will not be activated. If any of the information that you provide is untrue, not current or inaccurate, or if we have reasonable grounds to believe this, we may prevent you from using the Platform and delete your account.
4.7 You remain solely responsible for all use of the Platform through your account and liable for any actions taken with respect to your account.
5 ASSIGNMENTS
5.1 The Platform will enable Campaign Initiators to search through your and other influencers profiles to select which influencers the Campaign Initiator wishes to send Assignments to.
5.2 If a Campaign Initiator selects you to send an Assignment, you will be sent an email notifying you of the Assignment and you must log into the Platform to view the Assignment. The following information will be provided by the Campaign Initiator: assignment name, which social network they wish to target, whether content approval is required, relevant account handles, the brand name, agency name, campaign name, campaign hashtags, campaign description, content format, type of posts, budget, position with respect to content digital rights (e.g. whether the Campaign Initiator has full rights, partial rights or no rights), quantity, start date and end date.
5.3 There may be multiple Assignments offered within one campaign operated by a Campaign Initiator and you may choose to accept or reject any or all of them.
5.4 If you accept an Assignment, then you must click the “Accept” button on the Platform and the Campaign Initiator will be notified that you have accepted the Assignment. You are then legally obliged to produce and post the content on the relevant social media platforms in accordance with all the requirements of the Assignment (the “Content”). You must ensure that you make a link available to the Content on the Platform as soon as you have posted it on the relevant social media platform failure to do this will result in non-payment for the Assignment.
5.5 If you require any clarifications with respect to an Assignment, or wish to negotiate any of the terms set out in the Assignment, then you may contact the Campaign Initiator using the contact details provided on the Assignment or via the in-app messaging feature available on the Platform. Until you have received the details of an Assignment you will not receive the Campaign Initiators contact details however they can see you contact details in advance of sending you an Assignment and may contact you at any time.
5.6 Subject to section 9, you and the Campaign Initiator may enter into any separate contractual agreements. The Platform has no responsibility for facilitating he negotiation of any such agreements and has no liability for any terms and conditions agreed between yourself and the Campaign Initiator.
5.7 If you reject an Assignment you must click “Reject” and the Campaign Initiator will be notified that you have rejected the Assignment. If do not respond to an Assignment within 72 hours of receipt (or other period of time as specified by the Campaign Initiator in the Assignment, you will forfeit the right to accept the Assignment. In either case you will not then be able to accept the Assignment at a later date.
5.8 The Campaign Initiator may cancel an Assignment at any time as follows:
5.8.1 14 days or more prior to the start date of the Assignment;
5.8.2 where you have not accepted the Assignment, following expiry of the 72 hour period (or other period of time specified by the Campaign Initiator in the Assignment);
5.8.3 where you have failed to submit a draft for approval or failed to post the Content on the required social media platforms;
5.8.4 if the Campaign Initiator, acting reasonably, does not consider that you have performed the Assignment in accordance with its requirements or is otherwise not satisfied with your performance on an Assignment the Campaign Initiator may cancel other Assignments that you have accepted,
and in all cases you will not be entitled to any compensation and neither we nor the Campaign Initiator will have any commitments to you.
5.9 If you are not able to deliver the Assignment for any reason, you must inform the Campaign Initiator in writing within 14 days before the Assignment start date.
5.10 If you do not deliver an Assignment or you violate any of the Terms, we reserve the right to suspend or delete your account without prior notice.
5.11 If approval is required by the Campaign Initiator, you must submit a draft for approval prior to publishing the Content. If you publish before receiving the approval of the Campaign Initiator, you do so at your own risk. In such case the Campaign Initiator may refuse to pay or raise a dispute.
5.12 The Platform accepts no liability for any performance or non-performance of obligations of either you or the Campaign Initiator.
6 GUIDELINES FOR POSTING OF CONTENT
6.1 You shall ensure that you and all Content you create and post complies with all requirements of the Assignment and the relevant social media platform that you are posting it to.
6.2 Additionally, at all times you shall ensure that you comply with the following:
6.2.1 you will not violate any applicable local, state, national or international law, including but not limited to any rule or regulation;
6.2.2 you will not post any inappropriate, defamatory, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal or other material or information that we, in our sole discretion, view as objectionable, including but not limited to text, graphics, audio and video files;
6.2.3 you will not defame, abuse, harass, stalk, threaten, embarrass, cause distress, unwanted attention or discomfort or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of any third parties, any user, any Campaign Initiator of the Platform;
6.2.4 you will not promote, endorse or generalize the use of drugs, violence and other criminal activities, suicide, bulimia, anorexia, thinspiration or anything similar to the foregoing;
6.2.5 you may express your disagreement with someone’s point-of-view but personal attacks, or attacks based on another person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability or other such condition or circumstance, are strictly prohibited;
6.2.6 you will not impersonate another person or entity, including but not limited to the Platform representative, or communicate under a false name or a name that you are not entitled or authorized to use;
6.2.7 you will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material posted on the Platform;
6.2.8 you will not post files that contain viruses, corrupted files or other similar software, programs or routines that may damage the operation of another’s computer or the Platform.
6.3 We reserve the right to remove or block Content that contains such elements as listed above, with or without prior notice to you. We do not assume responsibility for any damages or loss that you might suffer as a result of such removal or blocking.
6.4 You are solely responsible for the Content, including, text, pictures, videos, live broadcasts, stories, all other material that you make available. The Platform does not endorse any Content, Assignments or any opinion, recommendation or advice expressed therein, and as a consequence, the Platform is not responsible for any such Content. Where the content digital rights are owned or partially owned by the Campaign Initiator (as set out in the Assignment), you acknowledge that you have no rights or partial rights to such Content and will be restricted from any further use of the Content without the prior written consent of the Campaign Initiator.
6.5 You must keep all Content posted on the applicable social media platforms for a period 12 months after the completion of the campaign. If you do not then you will be liable to repay any rates paid to you through the Platform. Additionally, the Platform reserves the right to set off any amounts owed to you for future Assignments against such amounts and, in its sole discretion, to suspend or delete your account without prior notice.
7 PAYMENT
7.1 Once you have fulfilled the Assignment and the Campaign Initiator has verified your Content then you will be entitled to payment for the Assignment.
7.2 Rates displayed on any Assignment are the gross rates. You will receive 75% of the gross rate stated on the Assignment. For example, if the Assignment states the rate to be $1000 then you will receive $750. The remaining 25% of the gross rate is retained by the us as Platform fees.
7.3 Payments will be made 45 days after the whole campaign is completed. For example if there were 3 Assignments offered by a Campaign Initiator and you accepted them all then you would be paid 45 days after completion of the last of the 3 Assignments.
7.4 You are responsible for the accuracy of your nominated bank account details. The Platform cannot accept any liability for rates paid into a bank account which is incorrect.
7.5 We and the Campaign Initiators are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
7.6 The Campaign Initiator will be solely liable for payment of the applicable Assignment. The Platform only acts as a facilitator of payments on behalf of the Campaign Initiator and, while Platform may remit payment directly to the account details you provide; under no circumstances does the Platform accept any liability for payment for an Assignment. You will not pursue any action, legal or otherwise, against us for any non-payment, and this provision constitutes a bar to any such proceedings.
7.7 The Platform will take all necessary measures to invoice Campaign Initiators at the end of each campaign and follow up for collection within a reasonable time frame.
7.8 The status of all payments will be shared on your invoice tracking page on the Platform.
7.9 If there are any sanctions against an entity, country, individual etc. by relevant governing bodies, the Platform reserves the right to hold/freeze payments upon request of relevant authorities.
7.10 You must not deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.
8 REPORTING
8.1 We will provide you with metrics relating to the performance of your posts on the relevant social media platforms. In addition we will provide audience demographic data. These metrics and data can be accessed through your account.
8.2 You acknowledge that the metrics and data provided is indicative only and the Platform accepts no liability for any inaccuracies in such metrics and data.
9 NON-CIRCUMVENTION
9.1 For a period of 6 months after receipt of an Assignment or, if sooner, from the date of any communication with you from a Campaign Initiator through the Platform, you agree you shall not by-pass, avoid or circumvent the Platform in any way in respect of the Assignment. Such circumvention includes you and the Campaign Initiator agreeing to you carrying out an Assignment outside of the Platform.
9.2 In case of breach of section 9.1, we reserve the right at our own discretion to suspend you from the Platform and delete your account.
9.3 Section 9.2 does not affect our ability to also claim damages should the covenants in section 9.1 be breached in any way.
9.4 You agree to notify us immediately if a Campaign Initiator attempts to persuade you to circumvent the Platform to carry out an Assignment.
10 DISCLOSURE AND FEDERAL TRADE COMMISSION GUIDELINES
10.1 You are required to adhere to any guidelines and/or laws applicable to you in the performance of your obligations and it is your responsibility to know about all guidelines or laws that you must abide by.
10.2 You shall ensure that you clearly and conspicuously disclose any material connection between you and the Campaign Initiator including where the Campaign Initiator provides you with something of value, such as free use of products or services.
11 COPYRIGHTS AND USER CONTENT POLICY
11.1 We respect the intellectual property rights of others and expect you and other users of the Platform to do the same. In connection with the Content, you represent and or warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize the Platform to use all trademark, copyright or other proprietary rights in and to any and all of the Content to enable use of the Content in the manner contemplated by the Platform and these Terms.
11.2 Except where the Content digital rights are retained in full or partially by the Campaign Initiator (as set out in an Assignment), you:
11.2.1 retain all of your ownership rights in your Content;
11.2.2 you agree to grant the Campaign Initiator the right to use any Content in any advertising campaign provided the Campaign Initiator provides accurate attribution to you.
11.3 You will not submit material that is: (a) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner(s) to post the material; and (b) in connection with the Content, contrary to applicable local, national, and international laws and regulations.
11.4 We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also suspend or delete your account or any other user’s account if you or the user is determined to be a repeat infringer.
11.5 We do not endorse any Content or any opinion, recommendation or advice expressed in such Content, and we expressly disclaim any and all liability in connection with the Content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Platform.
11.6 Any opinions and recommendations expressed on the Platform are those of the person expressing such views and not ours. We are not responsible for and do not assume any liability for the comments and opinions expressed by you or other users. You agree to hold us, and our members, affiliates, employees free of responsibility for any potentially damaging Content posted by you.
11.7 Campaign Initiators are the owners of all Assignments, campaigns and their trademarks, logos and brands.
11.8 We grant you a personal, revocable, non-sublicensable, non-exclusive, non-transferable license whilst you have an active account to access and use the Platform in accordance with these Terms. You acknowledge that the we retain all rights in the Platform including in the user experience, user interface, logos, designs, and all other aspects relating to the Platform. You shall not use, copy, reverse engineer or otherwise exploit for commercial purposes any of the features, screens, workflows or otherwise of the Platform.
12 THIRD-PARTY PLATFORMS
12.1 Where links to third-party platforms are made available on the Platform, we do not endorse such platforms or take any responsibility for the accuracy or content made available on such platforms. If you access such third-party platfroms through the Platform you agree that you do so at your own risk.
12.2 The Platform may provide you with the ability to link your account to your account on third party platforms such as Instagram, Facebook and Twitter. By making use of such functionality you confirm that you are entitled to disclose the details of those third-party accounts to us and no obligations will be placed under us by you so doing.
12.3 We do not accept any liability for breach by you of any of the terms of third-party platforms and for any technical issues relating to linking your account with such third-party platforms.
13 LIMITATION OF LIABILITY
You must bear the risk of any liability relating to your use of the Platform. Your use of the Platform is entirely at your sole risk. We will not be responsible to you or any third parties for any direct or indirect, consequential, special or punitive damages or losses you may incur in connection with the Platform, your use thereof or any of the data or other materials transmitted through or residing on the Platform, regardless of the type of claim or the nature of the cause of action, even if we have advised of the possibility of such damage or loss.
14 INDEMNIFICATION
You agree to defend us, indemnify us and hold us harmless, as well as our members, affiliates, directors, officers, employees and agents from and against all claims and expenses, including attorney fees, arising out of (a) your use of the Platform or your account; (b) your violation of any laws or the rights of any third-party; (c) your breach of any of these Terms.
15 DISCLAIMERS OF WARRANTY
15.1 The Platform is provided "as is" and we make no warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty, or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the Platform.
15.2 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. You specifically acknowledge that we are not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.
15.3 In no event will we or any person or entity involved in creating, running, providing maintenance or marketing the Platform or providing any other service to the Platform be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Platform.
15.4 We shall not be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the Platform, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. We shall not be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
16 CHANGES TO THE PLATFORM
We may modify or discontinue the Platform, any portion of it or any service, tool, digital product, product, event or course related to or contained on the Platform without notice to you and without liability to you or any third party, except as otherwise provided in these Terms.
17 WAIVER AND SEVERABILITY
The failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
18 ASSIGNMENT
You may not resell, assign, or transfer any of your rights or obligations under these Terms, and any attempt to resell, assign, or transfer such rights or obligations without our prior written approval will be null and void. All terms and conditions in these Terms will be binding upon and inure to the benefit of the parties hereto and their respective permitted transferees, successors, and assigns.
19 TERMINATION
You may delete your account at any time by giving written notice to the Platform via e-mail to hello@theinfluencer.com.
In the event of any conduct which we, in our sole discretion, consider to be unacceptable, or in the event You are in breach of these Terms, we reserve the right to immediately suspend or delete your account. On termination for any reason, you must cease to use the Platform and we may delete your account.
20 GOVERNING LAW AND VENUE
Any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of these Terms or arising therefrom or related thereto in any manner whatsoever, shall be settled by arbitration in accordance with the provisions set forth under the DIAC Arbitration Rules (“the Rules”), by one arbitrator appointed in compliance with the Rules. The place of arbitration is the premises of the Dubai International Arbitration Centre and the language of arbitration is English. The governing law of the Agreement shall be the substantive law of the United Arab Emirates
Any rights not expressly granted herein are reserved.
Updated: 5/6/2018