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GENERAL TERMS OF USE


Legal Notices and General Terms of Use

Influence4Brands website's editor is the Company Influence4You, a simplified stock corporation capitalized at €24.800. The head office is located at 47, Avenue de l'Europe, 92400 Courbevoie, France, registered at Nanterre RCS under number 481317261. Their intra-community VAT number is FR95 481 317 261.

The website's publishing manager is Mr. Stéphane BOUILLET, CEO of the company.
The current website is hosted by Amazon AWS.
Any comments, suggestions or complaint can be submitted through the online contact form of the website.
The following General Conditions of Use define the conditions of use of Influence4You’s proposed services, available at http://www.influence4brands.com.

By confirming its registration, the User declares he or she has read and agrees, without reservation, with the General Terms of Use.


General Terms of Use

Definitions

"Application", "Platform", “Tool”: a website reachable at www.influence4brands.com and/or any others link the Company could add, or any mobile app upon which the service is available.

"Brief": specifications from the Brand / Agency during campaign creation in order to present and explain what is expected from the Influencer as part of the collaboration.

"User": a natural or legal person registered as an Influencer, a Brand representative, or an Agency representative on the platform.

"Brand", “Advertiser”: a company that offers a marketing campaign on behalf of its own brand, its services or its products through the Influence4Brands platform.

"Agency": a company (advertising, communication, public relations agency, etc.) that offers a marketing campaign on behalf of its clients (advertisers), through the Influence4Brands platform.

"Campaign", "Influence campaign": any communication campaign offered to users by a Brand or an Agency based on the rules defined by the Brand / the Agency and the society.

"Client": a Brand or Agency that subscribes to the Company services.

"Influencer": a natural or legal person (if company status) that is active on social networks and registered to the service, who collaborates with a Brand or Agency on an influence campaign through the Influence4Brands platform.

"Social Network": social network(s) (Facebook, Twitter, YouTube, Instagram, Snapchat, etc.) on which Influencers have an account and have the ability to promote influence campaigns.

"Account": a user’s personal data associated to the use of the Company services.

"Service": services and features offered by the Company.

"Influence4Brands", "Us", "Company": stands for the Company INFLUENCE4YOU, a simplified stock corporation capitalized at €24.800, with its head office located at 47, Avenue de l'Europe, 92400 Courbevoie, France, registered at the Nanterre RCS under the number 481317261.

Article 1: Purpose of the Services

The Company offers influencers the ability to monetize their social networks’ audience by collaborating with Brands and Agencies through the Influence4Brands platform.

In return for publication on one (or several) social network(s) via Influence4Brands, the User obtains either an amount of money or reward points according to Article 4 specified terms. Only "Product Testing" campaigns are not remunerated (neither points or money), since Influencers receive products to test for free.

Article 2: Service Access and Subscription

Service subscription is restricted to users that are legally authorized based on Articles 1123 and 1124 of the Civil French Code.

Service subscription is made during account creation on the platform. Throughout their subscription, Influencers are asked to fill out their profile and interests, so that targeted campaigns are suggested to them. They are also asked to connect their social networks to the platform.

Brands and Agencies are asked to fill out their profile and their financial details (except for the “Testing” offer) in order to pay for the campaigns created and the monthly subscription fees (if applicable).

Service use is submitted to the User for validation upon account creation. The Company reserves the right to deny User access or to restrict it. Influencers application to campaigns might be restricted to a minimum audience per social network.

The service is offered 24/7 apart from casual interruption periods required for service maintenance. The service is available in several languages as shown on the platform.


Article 3: Service Description

Article 3.1: Campaign Content

Influencers get campaign recommendations based on their profile, areas of interest and Brand / Agency specific requirements.

Campaigns include information such as: a description, key information to share with the audience (URL, keywords, images, etc.) defined by the Brand / Agency, suggested remuneration, and social network(s) used. Most Campaigns require Brand / Agency approval. In that case, Influencers apply through their platform interface and the Brand / Agency sends them an approval or a rejection message based on their decision.

Article 3.2: Influencers’ Promotional Posts Content

Influencers have to participate to campaigns they were accepted on. They have to publish from the Platform, on the Social Network determined by the Brand / Agency, a promotional post that contains at least the Campaign key information detailed in the brief. They are invited to personalize their promotional posts content as much as they want. The post has to be "public", which means visible to anyone, even the non-followers of the Social Network in question.

A promotional post published on Social Network has to be clearly identified as advertising according to Influencers applicable laws in their country of residence. The post has to state the natural or legal person for whom the Campaign was made. Influencers can track their number of clicks and any feedback on their post at any time.

During subscription, Influencers commit to respecting the good conduct charter provided on the platform, which bans any cheating system that might enable them to fraudulently earn points or money. If the Company is aware of any suspicious activity, Influencers take the risk to have a part or all of their remuneration cancelled and to be banned from the platform.

A promotional post cannot be a misleading or disguised advertisement; it has to be visible by anyone for the definitive calculation of the payment. The post content cannot harm the Brand and has to be related to the Campaign influencers were accepted on. It cannot encourage conducting any action that has no connection to the Campaign.

For CPC (cost-per-click) campaigns, only social media clicks that are relevant to the Campaign and generated from the targeted country(ies) will be recorded. Consequently, the followings will not be taken into consideration: duplicate clicks, automated clicks generated by a person, a robot, a program or any similar device, including clicks from the IP address or computer of the Influencer, clicks requested by the Influencer through payment or misleading statement or inquiries inviting a Social Network user to click on a promotional post or to achieve others actions, clicks related to a significant number of activities as describe above, clicks to pages that are no longer visible at the time of payment.

Regarding videos, the Brand (or product) has to be highlighted at the beginning of the video and for an adequate duration to explain the product features. The Brand is free to judge if the presentation time is long enough.

Article 3.3: Campaign Ending

A Campaign arrives at its end for Influencers when: the due date is reached, in the case of a Campaign created with a due date by the Brand / Agency, and/or when the maximum budget allocated to a Campaign is reached.


Article 4: Payment

Article 4.1: Influencers’ Payment Terms

Depending on the Campaign, payments can be based on: the post itself and/or clicks on the dedicated link shared onto the designated social networks and/or social media engagement (e.g. likes, comment, shares) and/or the number of followers on the designated social network and/or the average number of views on the designated social network.

A maximum remuneration can be defined by the Brand / Agency for each Influencer and for each Campaign. Any promotional post or click made after the maximum payment has been reached and/or after the end of the campaign will not be taken into consideration for the Influencer payment. In the event of a technical issue or incident, the Company will do its best to fix the issue promptly. Likewise, in the event of an obvious mistake, the Company will have the right to fix the issue even if it negatively impacts the Influencer’s remuneration in a 30 days delay after the mistake occurrence.

The payment calculation takes the campaign brief into consideration. The Brand / Agency will determine the final payment based on the percentage of the brief that was respected in the promotional post. Depending on the Campaign the payment can be earned in cash or in points to redeem gift cards. For cash payment, Euro is the currency used. As soon as the threshold of 30 euros is reached, Influencers can request their money. To receive it, Influencers have to send their invoice through the platform. The invoice has to respect the legal requirements in effect. Payments will be made within 30 days by bank transfer or cheque.

If applicable, Influencers will have to pay the VAT and any tax obligations to the related administration.

Influencers that have not logged into the service for more than one year will have their account deleted and any payment due will be lost.

Influencers agree to keep any promotional post generated via the platform for a minimum of 30 days. If the post is deleted before this 30-day delay, the Brand / Agency has the right to request cancellation of the payment.

Article 4.2: Brands / Agencies Payment Terms

To make sure Influencers are paid on time, the Brand / Agency agrees to register a valid credit card number when creating their first Campaign. Except for testing campaigns that are entirely free and that do not require a credit card number. A €10 debit will occur during the payment method validation, and will be added to the Brand / Agency balance and deducted from the total amount of the first campaign.

Any incorrect payment information or malfunction of the payment method added by the Brand / Agency on Influence4Brands will lead to judicial proceeding risks and damages payment to the Company.


Article 5: Users Obligations, Liabilities, and Guarantees

Article 5.1: Influencers Obligations

Article 5.1.1: User obligation on offered services harmony

Influencers agree to have received all the necessary information to register to the platform knowingly. Company softwares are known to be available to Influencers as is, without any adjustment measures. They are related to standard software systems that will not meet all Influencers specific needs.

Therefore, Influencers have to verify whether the offered services fit their needs and should take any required measure.

Article 5.1.2: Influencers obligations regarding promotional post content

Influencers commit to:
− Passing on at least and strictly key information in their posts;
− Making their posts public (visible to anyone);
− Creating content that corresponds to the Campaign Brief;
− Not putting online, sharing, or communicating content that is in any way: obscene, defamatory, abusing, threatening, related to child pornography, approving of a war crime or a crime against humanity, provoking to terrorist act, violating a person's privacy and/or unlawful in any manner, or with a deceptive nature or related to a disguised ad (in accordance with articles L.121-1 and 121-1-1 of the Consumer Code);
− Not harming the Brand / Agency and the Company’s image, brands, services and products;
Not using the Brand / Agency nor the Company and their distinguishing features (name, slogan, logo, image) under circumstances other than the ones defined by the Brand / Agency or outside from the Campaign.

Influencers admit they only have a precarious right of use of the brand during the Campaign and not a business brand license. The right of use is no longer valid as soon as the Campaign is over.

Influencers commit not to:
− Encourage social network users to make any action that is not related to the Campaign in their promotional post;
− Boost clicks via any financial incentive or based on a false statement or a request inviting social network users to click on a promotional post or any other actions;
− Spam their own social networks with repeated and identical promotional posts;
− Launch automated scripts or programs, including robot softwares or any program prone to submitting multiple requests per second to a server or to complicate or hamper the functioning and the performance of the service or the application untimely;
− Modify or create derivatives of the service;
− Create electronic links towards the service or put basic outline or mirrors of some applications on any other servers or wireless or Internet-based device;
− Put online or share content or behave in a manner which will: lead to an interruption, be a hamper, destroy or more commonly disturb the Service working or which will allow a non-authorized access to the Service, including by using computer virus, insidious code line, file or program;
− Proceed to reverse engineer method in order to design or build a competing product or service using the same features, functions or images;
− Have any fraudulent behaviour by trying to bypass the normal functioning and the Service's rules;
− Steal someone's identity by any means including by using their social networks;
− Replicate, copy, sell or do any commercial use (including the right to information) of the entire or a part of the Service.

Influencers commit to:
− Respect people’s privacy and the private nature of the information given;
− Always provide accurate, sincere and proper data and personal nature information and update their data and information as soon as it is required to keep them exact, complete and up to date;
Respect the entire legal and statutory directives in effect; especially the ones related to law #78-17 of January 6th, 1978 related to computing, files, and freedom.

Influencers commit to keep any promotional post related to the platform during a minimum of 30 days. If a Brand / Agency notices that the post has been removed from social networks before the 30-day delay, they have the right to ask for payment cancellation.

Article 5.2: Influencers Liabilities

Article 5.2.1: Influencers liabilities towards social media

Influencers are responsible for their Social Network accounts’ use: whether it is for the connexion to the Service or for promotional posts publication.

Any post with an offensive nature, transmitting a misogynist, sexist, homophobic, racist, xenophobic message or glorifying rape will be deleted automatically from the platform and will not be eligible for payment. Campaign participation will then be cancelled if the post is not modified or deleted quickly.

Article 5.2.2: Influencer liabilities regarding the publication of promotional posts

Any use of the Service or online upload of a promotional post through social networks will be considered done by the Influencer even in the case of a password loss or a password given to another person by the Influencer.

Influencers admit that: publishing a promotional post on their Social Networks and personal pages is considered as a service delivery for which they receive payment. The Company does not practice any subordinate relationship with them. In the event of failure to comply with the following legal notices, general terms of use, laws and valid regulations, their liability will be engaged.

Article 5.2.3: Influencer liabilities in case of misleading advertising

Influencers clearly recognize that publishing a misleading advertisement expose them to a 2-year imprisonment and a 300 000 euros fine condemnation, based on Article L.213-1 of the Consumer Code.

Article 5.3: Influencers Guarantees

Consequently, Influencers guarantee: Promotional Posts content is and will always stay consistent with the present Legal Notices and General Terms of use, Social Networks terms and conditions, and applicable laws and regulations; the Company counters any remedy or action (including legal fees) from a third party, particularly internet users following the Company’s service use, violation of these Legal Notices and General Terms of use, and any contractual documents, or more widely an law violation; the Company counters any prejudicial acts Influencers might commit via social networks including in the event of non-implementation of contractual obligations towards a specific network.


Article 6: Company Obligations, Liabilities, and Guarantees

Article 6.1: Company Obligations

Article 6.1.1. : Company obligations on audience monetization

The purpose of the Service is to allow Influencers to monetize their audience on social networks, and Brands / Agencies to collaborate with influencers that are relevant to their brand more easily. Therefore, the Company has a best-efforts obligation.

The Company commits to: identifying and accounting for Influencers actions authorizing money or points payments; paying Influencers in accordance with the terms in Article 4.

Article 6.1.2: Company obligations on the provided service quality

The Company commits to offering necessary care and assiduity to provide a quality service, in accordance with the Company’s practices.
The Company will do its best to offer a 24/7 access, except in any case of force majeure, breakdown, host failure or any essential maintenance operations to the Service running.
The Company will do its best to provide sufficient access quality, particularly when it comes to user volume progression.
Users admit that the software is part of a complex area in terms of technical computing and thus agree with any imperfection risks or unavailability of the service.
In case of absolute necessity, the Company reserves the right to suspend the Service in order to proceed to a technical maintenance or improvement intervention to ensure Service proper functioning at any time or for any duration.
Service interruption will not give the right to any compensation to users.
The Company can address emails or notifications through the platform to Users, especially to inform them about Service evolution, new Campaigns and Campaign statuses for Influencers.

Article 6.1.3: Company obligations regarding service modifications

The Company reserves the right to review the whole Service (or a part of it) at any time and without prior notice. Any changes involving user rights reduction, as part of the present General Terms of Use, will not be applied without their prior consent.

Article 6.1.4: Company obligations regarding abusive or diverted services

The Company reserves the right to set up technical barriers to restrict Promotional Post type and amount to limit potential abusive or diverted services.
The Company notifies the User that it has to collaborate with any judiciary authority duly authorized to provide the required information whether about the User itself and/or their Promotional Posts or Campaign Briefs in order to control and even eliminate information that is contrary to the current regulation.

Article 6.2: Company liabilities

Article 6.2.1: Company liabilities regarding social networks

Practical conditions for the access, supply, and use of the information and services from Social Network are ruled by Social Network themselves. The Company stays unconcerned to any contractual relationship between Influencers and Social Networks, even in the case of a relationship concluded via the Platform. In no case should the Company interfere, in any manner, in the contractual relationship between Influencers and Social Network. More specifically, the Company should not be held responsible for Promotional Posts content published by Influencers since the Company does not have any control (except for technical issue) over contents that are published by Influencers on Social Networks.

Influencers admit and agree that the usage of Internet for the following Services can be saturated and/or exchanged data through the network could be diverted by a third party. Consequently, Influencers clear the Company from liability.

Article 6.2.2: Company liabilities regarding Users

The Company will not be held responsible for any of the following reasons, but not limited to: in the event of a third party using a User’s username and password nor any Service modification, suspension or interruption.
Likewise, the Company will not be held responsible for third party interferences in the communication and transmission system used by Influencers or for Service dysfunction or cessation due to negligence, failing or some actions from Influencers or third parties.

The Company cannot be held responsible, including financially, for Promotional Post loss or non-distribution due to an Internet network default or a wrong configuration of the material used to access the service, on which the Company does not have any control.

The user is aware and agrees that the whole Service (or a part of it) might be temporarily suspended, for repair works, development or maintenance reasons.

Force Majeure: The Company will not be held responsible for partial or total non-compliance with its obligations in the event of a force majeure, most notably any telecommunication network failure or blockage, insurgency, civil war, war, military operation, local or national state of emergency, fire, lightning, flood, explosion, strike, storm, due to a third party etc. Host failure is also considered as a force majeure since it is an unpredictable or unavoidable event and outside the Company control.

Either way, in case of a failure in reaching non-core contractual obligations, compensations will not be higher than payments due to Influencers or any amount they could ask for regarding the following terms of use.

Article 6.3: Company Guarantees

The Company does not grant any express or implicit guarantee regarding the Service use, particularly regarding the availability. The User is informed that the Company does not guarantee that its Service will be exempt from any failures or irregularity, neither that these failures will be repaired. The Company also doesn’t guarantee the use of its Services will be without interruption or breakdown or compatible with an equipment or a particular configuration other than the ones clearly recommend by the Company.


Article 7: Service Suspension and Termination

Article 7.1: Influencer Initiative

Influencers can delete their account at any time via the Company customer service at contact@influence4brands.com. Beforehand, Influencers have to make sure any payment order has been made. The account suppression is definitive and without delay and personal data removal occur within a maximum of one (1) month after Service cancellation. Influencers’ payment rights are also deleted.

Article 7.2: Brand / Agency Initiative

In case of contract termination based on a Client’s initiative, allocated Campaign budgets on the Influence4Brands platform will not be recoverable. Account suppression can be done at any time by contacting the Company’s customer service at contact@influence4brands.com

Article 7.3: Company Initiative

The Company reserves the right to suspend Service access or to terminate the User account and/or to forbid Service access if the following agreement terms are not respected. Especially the ones related to Influencers obligations and any suspected or proven fraud attempt. Consequently, Influencers will not have the right to ask for any compensation, the potential payment due to Influencers will stay earned by the Company without prejudice compensation owned by the Company.

In the event of User obligations violation, the Company reserves the right to disclose any relevant information to the law, regulations, decree or competent authority without prejudice compensation owned by the Company.

The Company reserves the possibility to stop Service commercialization. Users will be notified by any means and will be able to use the Application with at least a one-month notice before the Service gets definitively disrupted. During this delay, Users will have to handle all necessary measures and ask for any due payment before the Service termination date.

Service commercialization termination by the Company will not open the rights to compensation of any kind to Influencers.

Force Majeure: in compliance with Civil Code Article 1148, if contract execution or any others Company obligations regarding the following Legal Notices and General Terms of use are limited or disturbed in a force majeure event, the Company will be exempt of contractual obligation execution. The Company will be able to ask the termination of the following contract without any due compensation and by keeping any non-transferred payment benefits on the termination date.

Article 8: Intellectual and Industrial Property Rights

Article 8.1: Brands Protection

The Company’s brands as well as those owned by any Social Network nor Advertiser / Agency (all referred to as ''Brands'') are protected according to Article L.713-1 of the Intellectual Property Code.

In compliance with Articles L. 713-2 and L. 713-3 of the Intellectual Property Code, Influencers forbid themselves (except for Brand owner authorizations) from reproducing, using, affixing one of these brands, even with adding words such as ''formula, ways, system, imitation, type, method'' for similar or identical products (if a confusion risk exists in the audience mind) as those related to the Brands. Influencers forbid themselves to delete or modify regularly affix brands.

Violation of these terms will lead Influencers to counterfeit judicial proceedings.

Article 8.2: Content Protection

The website content contains, without limitation, softwares, corporate identity, texts, sound documents, videos, photographs, logos, icons and any drawings appearing or available on the Application and the Service (referred to as ''Content'') are protected under Book I of the Intellectual Property Code in accordance with copyright and are under the Company exclusive property and/or Brands/Agencies and/or Social Networks exclusive property.

Influencers forbid themselves, without limitation, to use, reproduce, publish, represent, diffuse, adapt, translate, use to create by-product or take Service content for a different use than the one defined in the current Legal Notices and General Terms of use. Except for explicit and written authorization from the Company and/or their Advertisers partners.

Users commit not to access the Service via means other than the interface provided by the Company, except for explicit and written authorization from the Company.

Advertisers don’t have rights on Influencers’ posts. Advertisers can only share publications using common sharing tools provided by Influencers but do not have the right to use Influencers images or publications except with these sharing tools.


Article 9: Personal Data

Personal data that is essential for Users subscription is intended to the Company for the Service supply.

The Company collects traffic data generated when Users computer are connected to the Internet and the Application, and that, alone, does not allow the Company to identify Users. The Company collects Service connexion and usage related data for a statistic and named purposes in order to improve its Services.

The Company can proceed to posted content lecture and exclusively automated analysis, in order to account for Influencers revenues.

The Company can store ''cookies'' on Users’ hard drive in order to save their profile and to restore their Service personalized pages when they are connected to their computer or mobile device. These little files may contain traffic data and User preferences. These are also used for advertising purposes to help the Platform suggesting adapted Campaigns to Influencers. Users can delete cookies and configure their web browser in a way that prevents cookies from being saved on their computer. Note: some features and Platform services cannot work properly if cookies are deactivated.

The Company uses Users personal data only for proper Service supply. The collected data is strictly confidential and cannot be disclosed to a third party except with explicit and written authorization from the User or in case of a judicial/administrative authority expropriation. The Company might transmit Users personal information to its subcontractor tied up by a confidentiality obligation. Subcontractors will be allowed to use the data for Service supply only.

The Company might send emails or notifications to Users to the email address specified in their account details to notify them with technical or administrative information, service improvement, campaign evolution or new campaigns suggested.

Any other potential usage of Users personal data by the Company will be done with their prior agreement. Information collected is kept during the User’s subscription to the Service. In case of User cancellation following these Legal Notices and General Terms of Use, collected information will be destroyed within a maximum of one (1) month after the Service cancellation.

The Company commits to executing appropriate technical and organizational measures to ensure Users personal data confidentially and safety.

In compliance with Law #78-17 from January 6th 1978 on Computing and Freedom, Users have an access, rectification, and suppression right on their own personal data either through ''My Account'' menu on the User interface or at contact@influence4brands.com address or directly at the Company head office (47 Avenue de l'Europe, 92400 Courbevoie).

Article 10: Handover

The Company reserves the right, after notifying Users, to transfer their rights and obligations following the present Legal Notices and General Terms of Use and the Contract (subject to engagement from the assignee to respect the present terms).

Article 11: Applicable Rights - Dispute

The present Legal Notices and General Terms of Use, as well as relationships with the Company are ruled, interpreted and applied in compliance with the French law. In the event of a dispute in interpretation or execution of the present Contract occasion, the parties will have to proceed to an amicable arrangement prior to any justice action.

Any dispute related to the Application or Service use will depend exclusively on Paris Court of Appeals jurisdiction.


Article 12: Miscellaneous Provisions

The Company can revise these Legal Notices and General Terms of Use at any time.

In that case, the Company will notify Users by publishing the latest version of these Legal Notices and General Terms of Use on the Application and will collect Users agreements when they login to the Application. Users will have the choice to accept or terminate their Contract. If one or several terms of the Legal Notices and General Terms of Use is declared invalid, other terms will keep their efficiency and reach.