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© 2018 BY THEINFLUENCER Technologies FZ LLC

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In5 Tech, Cordoba blg, knowledge village, Dubai, UAE

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TERMS AND CONDITIONS FOR YOU 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, “you”) to search a database of influencers (“Influencer”, “they”, “their”) and create assignments for campaigns which Influencers may be able to participate in to create and distribute content on social media platforms to promote your 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 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    If you are registering to use the Platform and/or accessing or using the Platform on behalf of a company, you represent and warrant that you have the authority to bind such company to these Terms.

2.6    You should print a copy of these Terms or save them to our computer for future reference.

2.7    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 set up an account.  You will be required to submit certain information including your photo, name, country, contact person, contact person position, telephone number, email and brand names managed.

4.2    All information you provide must be accurate and you must ensure that you keep it updated at all times. 

4.3    Prior to being able to use the Platform, you must choose which subscription package you wish to subscribe to.  The options are Basic, Pro, Advanced and Enterprise.  Each subscription package requires payment of a monthly fee and provides you with a varying amount of functionality on the Platform.  The exact functionality provided by each package will be made clear to you at the time of registration.  You may upgrade or downgrade your package at any time on providing us with 3 months’ notice in writing. 

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 may have multiple users able to access your account.  Each user will use the [same/different]  log in details to access the Platform.

4.6    You must keep [your/all] user names and passwords 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 all users log out after you finish using the Platform. 

4.7    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. 
 
4.8    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    Depending on the subscription package, the Platform will enable you to search through Influencers profiles to select which Influencer you wish to send Assignments to and to prepare draft media plans.

5.2    Unless you are an Enterprise subscriber, prior to being able to activate an Assignment and send it to Influencers, you must ensure your account is in credit.  If you do not have any money on account then you will be prompted to add credit.  Payments must be made in accordance with section 7.1.

5.3    Any Influencer you send an Assignment to will be sent an email notifying them of the Assignment. The Influencer must log into the Platform to view the Assignment.  

5.4    You must provide the following information on the Assignment: assignment name, which social network you 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 you have full rights, partial rights or no rights), quantity, start date and end date. 

5.5    There may be multiple Assignments offered within one campaign operated by you and the Influencer may choose to accept or reject any or all of them. 

5.6    If the Influencer accepts an Assignment you will be notified that they have accepted the Assignment.  The Influencer is 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”) and if they do so in accordance with the requirements of the Assignment you are legally obliged to pay them the agreed rate.  

5.7    If the Influencer requires any clarifications with respect to an Assignment, or wish to negotiate any of the terms set out in the Assignment, then they may contact you using the contact details provided on the Assignment or via the in-app messaging feature available on the Platform.  An Influencer is not able to contact you until they have received the details of an Assignment.  You may contact an Influencer at any time using the contact details on their profile or via the in-app messaging feature available on the Platform.

5.8    You may edit the Assignment to reflect the terms of any negotiations agreed with the Influencer.  Following acceptance of the Assignment no more changes may be made to the terms of the Assignment.

5.9    Subject to section 9, you and the Influencer may enter into any separate contractual agreements.  The Platform has no responsibility for facilitating the negotiation of any such agreements and has no liability for any terms and conditions agreed between yourself and the Influencer.
 
5.10    If the Influencer rejects an Assignment you will be notified that they have rejected the Assignment.  If the Influencer does not respond to an Assignment within 72 hours of receipt (or other period of time as specified by you in the Assignment), the Influencer will forfeit the right to accept the Assignment. 

5.11    You may cancel an Assignment at any time as follows:
5.11.1    14 days or more prior to the start date of the Assignment;
5.11.2    where the Influencer has not accepted the Assignment, following expiry of the 72 hour period (or other period of time specified by you in the Assignment);  
5.11.3    where the Influencer has failed to submit a draft to you for approval or fails to post the Content on the required social media platforms;
5.11.4    If you, acting reasonably, do not consider that the Influencer has performed the Assignment in accordance with its requirements or is otherwise not satisfied with their performance on an Assignment you may cancel other Assignments that the Influencer has accepted,
and in all cases you will not have any liability to the Influencer.

5.12    If the Influencer is not able to deliver the Assignment for any reason, they must inform you in writing within 14 days before the Assignment start date.

5.13    If approval is required by you, the Influencer must submit a draft for your approval prior to publishing the Content. If they publish before receiving your approval you are within your rights to refuse to pay or raise a dispute.

5.14    The Platform accepts no liability for any performance or non-performance of obligations of either you or the Influencer. 
 
6    GUIDELINES FOR POSTING OF CONTENT
 
6.1    The Influencer must ensure that they and all Content they create and post complies with all requirements of the Assignment and the relevant social media platform that they are posting it to.  

6.2    Additionally, at all times the Influencer must ensure that they comply with the following:
6.2.1    they will not violate any applicable local, state, national or international law, including but not limited to any rule or regulation;
6.2.2    they 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    they 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, including you or any other user of the Platform;
6.2.4    they 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    they may express their 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    they 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 they are not entitled or authorized to use;
6.2.7    they 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    they 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    You should ensure that you do not require the Influencer to do anything in an Assignment which might result in them breaching the provisions of sections 6.1 and 6.3.

6.4    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. 

6.5    The Platform does not endorse any Content, Assignments or any opinion, recommendation or advice expressed in them, and as a consequence, the Platform is not responsible for any such Content.  Where the content digital rights are retained or partially retained by the Influencer (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 Influencer.
 
6.6    The Influencer is required to keep the Content on the relevant social media platforms for a period of 12 months following posting.  The Platform does not accept any liability for any Content which is removed by the Influencer prior to the 12 months following posting.

 

7    PAYMENT
 
7.1    You must make payment on account prior to being able to activate and send Assignments.  Payments may be made by wire transfer or other payment method the Platform may enable from time to time. If you make a payment by wire transfer then the Platform admin team will process this offline and payment may take up to 5 working days to be credited into your account.  The Platform accepts no liability for any delays in crediting of payments made to your account. 

7.2    Only Enterprise subscribers are able to activate Assignments without payments being made on account. 

7.3    Once you have activated an Assignment, the money payable for such Assignment will be moved from the campaign budget to the committed budget. 

7.4    Once the Influencer has fulfilled the Assignment, you must verify the Content and once the Content is verified by you then the Influencer will be entitled to be paid the agreed rate.  If you fail to verify the Content within a period of 30 days following posting by the Influencer, we reserve the right to verify the Content and release payment to the Influencer’s account.

7.5    Rates displayed on any Assignment are the gross rates.  The Influencer receives 75% of the gross rate you agree to pay them as stated on the Assignment.  For example, if the Assignment states the rate to be $1000 then the Influencer will receive $750.  The remaining 25% of the gross rate is retained by the us as Platform fees.

7.6    If the Assignment is declined or cancelled then the money payable for such Assignment will be moved back from the committed budget to the campaign budget and will become available for you to use on other Assignments.

7.7    You will be solely liable for payment of the applicable Assignment.  The Platform only acts as a facilitator of payments on behalf of you and, while the Platform may remit payment directly to the account details the Influencer provides; under no circumstances does the Platform accept any liability for payment for an Assignment.

7.8    The Platform will take all necessary measures to invoice you at the end of each campaign and follow up for collection within a reasonable time frame.
 
7.9    The status of all payments will be shared on your invoice tracking page on the Platform.

7.10    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.

7.11    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 the Influencers posts for each Assignment and campaign 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 you send an Assignment or, if sooner, from the date of any communication you make with the Influencer 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 Influencer agreeing to the Influencer 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 (a) retain the Platform fee that we would otherwise have been due if the Assignment had been completed through the Platform; and (b) suspend you and/or the Influencer from the Platform and delete your and/or their 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 an Influencer 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 Influencer including where you provide them with something of value, such as free use of products or services.

10.3    You must adhere to local authority and country legislation endorsement disclosure guides, we may require you to add appropriate disclosures, and we may require you to suspend the campaign until such disclosures are added. The Platform does not take any responsibility if you do not disclose and it is your responsibility to comply or communicate with the relevant local authority.

 

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, we require the Influencer to represent and or warrant that they 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 Influence (as set out in an Assignment), you retain all ownership rights in the Content created by the Influencer under an Assignment. Where the Influencer retains the digital rights in full or partially in the Content, you agree to obtain their prior consent to any use of the Content in any advertising or otherwise. 

11.3    We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you or the Influencer. 
  
11.4    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.  

11.5    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 the Influencer. 

11.6    You are the owners of all Assignments, your campaigns, trademarks, logos and brands. 

11.7    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 platforms through the Platform you agree that you do so at your own risk.

12.2    We do not accept any liability 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