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GENERAL TERMS & CONDITIONS OF SALE



Preamble

Subscription to Influence4Brands involves unconditional acceptance of the following Terms and Conditions of Sale, which act as a purpose to manage the Agreement concluded between Influence4You and its Clients, Agencies, and Advertisers.

Article 1: Definitions

"Influence4You" stands for the company Influence4You, a private limited company capitalized at €24,800. The head office is located at 47, avenue de l'Europe, 92400 Courbevoie, France, and it is registered at Nanterre RCS under the number 481317261.

"Influence4Brands'' is a product of Influence4You and stands for the service or the team in charge of www.influence4brands.com

Intra-community VAT number: FR95 481 317 261.

"Client" stands for any natural or legal person that has created a Brand or/and Agency account on www.influence4brands.com for the purpose of using the suggested services.

Article 2: Subject

The purpose of this Agreement is to define the Terms and Conditions of Sale as well as the Terms of the Services provided by Influence4Brands to its Clients. The main services offered by Influence4Brands are detailed on the website: www.influence4brands.com, and Clients acknowledge that they read them.

Article 3: Influence4Brands Offer Duration

This Agreement is underwritten without any time commitment and shall take effect from campaign validation by a Client on Influence4Brands.

Article 4: Influence4Brands Terms of Usage and Client / Influencer Relationships

Transfer of Ownership
Influencers keep their full intellectual property and image rights for influence campaigns conducted on behalf of the Client’s account. However, the Client will be able to share influencers’ content via common sharing tools (retweet on Twitter, share on Facebook, etc.)
References
The Client allows Influence4You to mention elements (name, logo, etc.) that might identify the Client on its own communication support (website, commercial brochure, etc.), and this for ease of reference.
Campaign Brief Creation
To ensure each campaign’s success, the Client has to publish a precise and comprehensive brief on Influence4Brands, in order to provide all the elements needed for influencers to meet the needs and requirements. Campaign payments to influencers will be based on a pro-rata calculation according to the respect of the brief, as estimated and defined by the Client. In the event of any dispute by influencers on the pro-rata calculation, Influence4Brands reserves the right to settle and indicate a new pro-rata calculation, which will automatically be considered as approved by both parties.
Influencers Selection
With the exception of click campaigns, after Clients publish their brief on Influence4Brands, they will choose influencers with whom they wish to collaborate and approve their profile. For click campaigns, any influencer can participate, and Clients will be able to ban influencers of their campaign if they consider them not qualitative enough.
Campaign Brief Submission
Clients define the brief. The Influence4Brands team reviews it before it gets published on the platform. Influence4Brands reserves the right to reject any brief that will be judged as not compliant to our standards, or not relevant to influencers.
Campaign Brief Modifications
The Client cannot modify the initial campaign brief once an influencer has been approved on a campaign. In the event of any brief modifications, these modifications will only apply to new influencers that have been approved afterwards.
Campaign Completion by Influencers
Influencers are free to complete a campaign or not and to respect a brief or not. If influencers do not complete a campaign they have been accepted on, the Client does not owe them anything. If influencers only respect a part of the brief, they will be paid on a pro-rata calculation based on the percentage of the brief that was respected. If a campaign is not completed on time, the Client is free to compensate the influencer or not. If an influencer deletes their sponsored post before the end of the 30-day delay, the Client has the right to rescind their compensation or a part of it. Influencers are completely free in the speech they can have about the Client.
Posts Validation
The Client has to rate influencers’ posts in a way that is ethical and the respect their work. Any abuse (i.e. an underrated publication) can be verified and modified by the Influence4Brands team.
Discussions with Influencers
Clients are able to discuss freely with influencers via the online platform. However, they have to keep a professional tone and should not bother them. Under no circumstances Clients are allowed to negotiate (upward or downward) pay rates directly. Influence4Brands reserves the right to suspend any message or account violating these non-compete rules.

Article 5: Financial Terms

Campaign creation will entail incremental payments based on campaigns’ progress (see threshold below).
Subscription to an Agency account has to be paid every month. The subscription will automatically be renewed every year based on the contract start date. Subscription can be terminated at any time with a minimum of a 1-month notice by one of the parties, in accordance with Article 10 (below).
Clients’ payments are made via pre-authorized debits (credit card or bank account) according to the following threshold:
• Whenever the balance reaches €500
• On the 28th day of each month if the balance is higher than €30

A first €10 pre-payment might be asked when an account is created to ensure the Client has a valid payment method. Clients need to make sure their payment method is always valid. In return for the provided services by Influence4You, the Client agrees to pay any amount shown on www.influence4brands.com (subscription + campaign fees) in accordance with the terms specified in this document.
Prices exclude taxes and are due in Euros (€). Invoices are identified under the legal name Influence4You.
Based on article L441-16 of the French commercial code, any failure or delay in payment will result in a penalty of 15% interests rate per year and in the instant suspension of Influence4Brands services, until the Client rectifies its situation.

Article 6: Client's Obligations and Liabilities

Client Data
The Client will provide any required information for the achievement of a successful campaign when setting up the campaigns details and brief. Influence4Brands will not be held responsible for an incorrectly completed campaign if the problematic elements do not appear in the brief or are not written in a clear manner. Clients allow Influence4Brands to publish content generated by campaigns led on the platform. When doing so, Influence4Brands will assign credits to the person in question.
Rights and Lawfulness
The Client guarantees its activities are legal and the proposed campaigns on Influence4Brands are compliant with the law. The Client guarantees it owns full rights of the elements they publish on Influence4Brands and on products that might be offered during their campaigns (e.g. brand name, images, content, products, etc.) The Client will endorse any dispute, which might occur between it and any third party. In the event of Influence4You being held accountable by a judicial authority, the Client commits to compensate Influence4You for any damage caused as a result of its negligence.

Article 7: Influence4Brands Obligations and Liabilities

Influence4Brands liabilities cannot be engaged in the event of (i) an attempted breach on the Client’s website (and its different pages and content) or the administrative interface of the Client website, (ii) an access to a database or server hosting source files, (iii) a hack of the Client’s electronic mailbox, or (iv) a computer virus attack on the Client’s website.

Influence4Brands is compatible with the latest versions of Explorer, Edge, Chrome, and Safari browsers (non-significant rendering differences might occur):
• Internet Explorer: versions 10 and 11
• Others browsers: current version on the date of online release plus the two previous versions

Influence4Brands cannot guarantee the compliance of its developed website with all available browsers and mobile phones. More specifically, Influence4Brands does not guarantee compliance of its website with Internet Explorer.

Article 8: Non-Compete Clause

The Client should not offer campaigns similar to the ones on Influence4Brands to influencers it is in contact with through the platform, in order to avoid Influence4Brands commission. In the event of any competitor solicitation, the Client risks a €300 flat-rate penalty, so does the influencer who accepts the solicitation.

Article 9: Effective Date

The present Agreement takes effect on the date the account was created by the Client, or when the Client’s first campaign is approved.

Article 10: Termination Conditions

Influence4Brands reserves the right to terminate the present Agreement, following a written notice (mail or email) of full right and without compensation of any type, in the event of any clause violation. In the event of a termination based on the Client's initiative, campaign budgets allocated on Influence4Brands will not be recoverable and will be due on achievement date. The same applies to ongoing monthly subscription fees for Agencies.

Article 11: Agreement Transferability

Influence4You reserves the ability to surrender, transfer or give to a third-party, under any form, the rights and obligations arising out of the present Agreement.

Article 12: Force Majeure

None of the two parties involved will be held responsible of the non-fulfillment or the delay in the accomplishment of any Agreement terms in case where the responsible party’s non-compliance is due to any force majeure occurrence recognized by the jurisprudence.

Article 13: Modifications to the General Terms of Sale

The following General Terms of Sale are subject to modifications. Any modifications to the General Terms of Sale are effective the day they are published on the website. It is the Client’s responsibility to review them. Assuming the Client notifies Influence4Brands of the modifications rejection, Influence4Brands reverses the right to terminate the present Agreement in conformity and for the purpose of Article 10.

Article 14: Applicable Law and Relevant Jurisdictions

Parties recognize internal French law as the applicable law, and disputes depends on the competence of French courthouse (Nanterre courthouse exclusively).