Last Updated 01/27/2017
Welcome to InfluencerFinder.com. InfluencerFinder.com is a marketplace platform for promotional posts performed by its users.
(1) the InfluencerFinder website as found at the URL http://influencerfinder.com/ (the “Website”), (2) the InfluencerFinder platform facilitating the matching of persons wanting to represent a brand by creating a promotional media content online (the “Influencer”) and brands, and (3) all other services provided by InfluencerFinder, as described on the Website (collectively, the “Platform”).
These Terms of Service (this “Agreement”) are entered into by InfluencerFinder (“InfluencerFinder”) and the entity executing this Agreement (“You”). This Agreement governs Your use of the standard InfluencerFinder (the “Service”). BY COMPLETING THE REGISTRATION PROCESS, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THIS AGREEMENT AND ARE AUTHORIZED TO ACT ON BEHALF OF, AND BIND TO THIS AGREEMENT, THE OWNER OF THIS ACCOUNT. It is your responsibility to keep up to date with these Terms of Service. In consideration of the previous statements, the parties agree to the following:
COMPLIANCE WITH ALL LAWS AND REGULATIONS
IT IS YOUR RESPONSIBILITY TO BE AWARE OF THE LAWS REGARDING INFLUENCER MARKETING BEFORE PROCEEDING TO USE OUR SERVICE. YOU MUST BE IN COMPLIANCE WITH ALL LAWS AND REGULATIONS. INFLUENCER FINDER IS NOT RESPONSIBLE FOR YOUR VIOLATION OF ANY LAWS WHILE USING OUR SITE AND SERVICE. USERS MUST COMPLY WITH ALL LOCAL, STATE, OR FEDERAL LAWS REGARDING YOUR USE OF OUR WEBSITE AND OUR SERVICE. OUR SERVICE ARE VOID WHERE PROHIBITED.
We require that you offer effective disclosures to the consumers of material facts relating to the the relationships that are formed on this site.
YOU MUST ACT IN ACCORDANCE TO THE FEDERAL TRADE COMMISSIONS GUIDES CONCERNING ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING (“FTC GUIDES”).
Disclose Your Connection to Client – Federal Trade Commission has issued clear instructions on what constitutes a material connection and how you should disclose it. You must clearly disclose your “material connections” with Client. This is the fact that your post is “sponsored” and you must therefore include any hashtags requested by InfluencerFinder or the Client (such as #ad, #advert or #sponsored). If you have received something you must tell your audience in the post. Always disclose and be transparent with the consumers. It is your responsibility to be aware of the laws concerning being paid to promote a product or service. DISCLOSING YOUR CONNECTION TO THE CLIENT MUST ALWAYS BE ADHERED TO BY ALL USERS ON THE INFLUENCERFINDER PLATFORM.
Only Make Factual Statements That Are Truthful and Can Be Verified – Only make a factual statement about Client or Client’s product/service’s quality which You know for certain is true and can be verified. Do not make statements about the quality or the performance of a product unless You are able to honestly support those claims. Remember that even if You do not expressly state a fact, it may be implied, and these Guidelines also apply to implied messages.
Honest and Truthful Opinions – Your statements should always reflect your honest and truthful opinions and actual experiences.
You Must Respect Intellectual Property Rights – Intellectual Property is a work or invention that is the result of creativity, such as a manuscript or a design, to which one has rights and for which one may apply for a patent, copyright, trademark, etc. Photographs, videos, music, lyrics, trademarks/logos, brand names or brand packaging, personal names/likenesses, quotes and writings. You should never post or share any content including these elements without proof of permission to do so from the third party who owns the rights. Without consent this would constitute a violation or infringement of their intellectual property. You therefore understand that: (a) You will not post content if you do not have a proper license to use or have not been authorized by Client for usage. (b) You must get proof of permission from any third parties that are featured in your photos and content that You post, even if You took the photo yourself. (c) You should check with Client before using the work
Fees and Service.
Service is provided to You for in exchange for up to 20% in commission per transaction conducted through the use of the website.
Member Account, Password, and Security.
To register for the Service, You must complete the registration process by providing InfluencerFinder with current, complete and accurate information as prompted including Your e-mail address (username) and password. You will protect Your passwords and take full responsibility for Your own, and third party, use of Your accounts. You are solely responsible for any and all activities that occur under Your Account. You will notify InfluencerFinder immediately upon learning of any unauthorized use of Your Account or any other breach of security. InfluencerFinder (or its wholly-owned subsidiaries’) support staff may, from time to time, log in to the Service under Your customer password in order to maintain or improve service, including to provide You assistance with technical or billing issues.
Neither party will use or disclose the other party’s Confidential Information without the other’s prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order; in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information.
Use of the Platform
As a condition of your use of the Platform, you warrant that:
(a) you have reached the age of majority in your jurisdiction of residence;
(b) you possess the legal authority to create a binding legal obligation;
(d) all information supplied by you on the Platform is true, accurate, current and complete.
- Only registered users may buy and sell on InfluencerFinder. Registration is currently free.
- Sellers on InfluencerFinder will be charge a 20% commission for each sale made.
- For fees and important payment information please read the information on the Fees page
- Buyers must contact the sellers prior to purchasing to discuss and agree on the posting and sellers must fulfill their orders.
- Users of InfluencerFinder may not offer or accept payments using any method other than ordering through InfluencerFinder.com
- InfluencerFinder retains the right to use all published delivered works for marketing and promotion purposes of InfluencerFinder.
- To withdraw your revenue, you must have an account registered with at least one of InfluencerFinders withdrawal methods.
- Your InfluencerFinder profile can be associated with only one account from each InfluencerFinder withdrawal methods.
- A withdrawal provider account can be associated with only one InfluencerFinder profile.
- Revenues are only made available for withdrawal from the Revenue page following a safety clearance period. The safety clearance period will last 14 days following the order being marked complete.
- To withdraw your available revenue, you must have the minimum amount required to do so. Currently the minimum withdraw ammount is $10.00 USD.
- You must select the designated withdrawal provider to initiate the withdrawal process.
- Withdrawals can only be made for the amount available to you.
- Withdrawal fees vary depending on the withdrawal method.
- Withdrawals are final and cannot be undone and there will be no way to refund or change this process once it has begun.
- Additional fees may apply based on your location and currency.
Rules For Brands:
Respond Rapidly – Realize the effort that influencers put into their submissions, and respect them and give them a positive interaction with your brand by responding rapidly.
Allow influencers to maintain authenticity – Don’t control the actions of the influencers. Their audience appreciates who they are and you should not try to change the way the communicate with their audiences.
Rules For Influencers:
Transparency to consumers – Do not be misleading to your audience. If you are being paid for a promotional post you are to be open with your audience and not mislead them. Use hastags that indicate that you have a financial exchange with a brand. For example use #ad or #sponsored.
Time period – posts must stay on the top of your feed for a minimum of 5 hours and they must not be removed from the location where you feature your promotion for a minimum time period of 30 days unless otherwise discussed with the brand.
Represent your true persona – only promote brands that you feel actually represent your true character. Do not accept payment to promote brands that you do not feel truly represents you. Stick true to what got you your audience in the first place and represent yourself accurately.
Authenticity – You may only use InfluencerFinder if you have grown your audience naturally. We reserve the right to terminate your account if you misrepresent the size of your audience.
Be Cognizant –You have grown your audience naturally. While recommending brands can enhance the social media experience for some users, realize that over recommending brands may result in a loss of your sincerity and integrity.
Information for Buyers
- You must only conduct payments using the platform and you may not offer direct payments to sellers using payment systems outside of the InfluencerFinder order system.
- InfluencerFinder retains the right to use all publicly published and delivered works for promotional purposes and marketing purposes.
- Currently it is free for Buyers to create an order from a seller’s. PayPal Fees may be charged.
InfluencerFinder collects personal information about you from the website, any of the related websites and social media pages (each a “website”) as provided by you and by other means (physically or electronically). We may collect personal information from social media sites and from commercial data providers, referral agents and other data providers who obtained your personal information from a third party source who hold your consent to disclose your personal information to us or who have otherwise disclosed your personal information to us in circumstances where it s lawful to do so. Personal information will not be collected from any person who we know to be under the age of sixteen (16) without the consent of a parent or legal guardian.
Personal information is generally collected in order to allow you to sign up or register to become a member of a Website, to download and use a mobile application, to submit content and participate in a Website, to allow you to publish social media posts via a website, to engage with other users and respond to campaigns or briefs, to make or receive payments, to prove you with newsletters( including electronic newlsetters), respond to inquiries, maintain our relationship with you, prove you with certain content, products and services and unless you opt-out or unsubscribe, to contact you in the future with information on products and services to provide you with marketing materials via any medium including mail, telephone, and commercial electornic messages (SMS (short message service), MMS (Multimedia Message Service), IM (instant message) and email) or any other form of electronic, emerging, digital or convential communications channel, whether existing now or in the future.
You understand and agree that use of InfluencerFinder’s Services may result in charges to you for products or services you receive from third party service providers (“Partners”). InfluencerFinder will facilitate your payment of fees, premiums, and/or taxes on behalf of the Partner, as such Partner’s limited payment collection agent. All charges shall be inclusive or applicable taxes as required by law. All charges are final and non-refundable. Payment of our Partners fees and costs are due immediately and payment will be facilitated by Dispatch using the preferred payment method designated in your Dispatch Account, after which InfluencerFinder will send you a receipt via email.
You agree that you are responsible for all taxes and fees associated with your use of the App, Site and Service. You will pay any associated taxes, levies, or fees.
OUR SITE OR SERVICE ARE OFFERED “AS-IS”. THIS INCLUDES BUGS, ERRORS OR OTHER TECHNICAL ISSUES THAT MAY ARISE. YOU AGREE THAT WHILE USING OUR SOFTWARE OR SERVICE, YOUR RESULTS MAY VARY. INFLUENCERFINDER IS NOT OBLIGATED TO PROVIDE YOU ACCESS TO OUR SITE AND SERVICE. IN THE EVENT OF ANY PROBLEMS THAT ARISE WITH THE SITE OR SERVICE, YOU AGREE THAT YOUR SOLE SOLUTION IS TO TERMINATE USING THE SITE OR SERVICE. WE DO NOT GUARENTEE THAT THE WEBSITE WILL OPERATE ERROR FREE. WE DO NOT GUARENTEE THAT THE WEBSITE WILL RUN IN AN UNINTERRUPTED FASHION. WE DO NOT GUARENTEE THAT ANY ERRORS OR PROBLEMS IN THE CODE OR ON THE SITE OR SERVICE WILL BE CORRECTED. WE DO NNOT GUARENTEE THAT THE SITE OR SERVICE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM.
LIMITATION OF LIABILITY
IN NO EVENT SHALL InfluencerFinder ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM: (I) YOUR USE OR INABILITY TO USE THE SOFTWARE, SOFTWARE, WEBSITE OR OUR SERVICES ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICE, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR SOFTWARE TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION LISTED ON OUR SITE AND SERVICE, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL OR (VI) ANY ERRORS OR OMISSIONS IN OUR SITE OR SERVICE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO USE OUR SOFTWARE AND SERVICE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN $100 U.S. DOLLARS OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR SITE, SOFTWARE, AND SERVICE WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER.
You agree to defend, indemnify and hold harmless InfluencerFinder its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
your use of and access to the InfluencerFinder Site and Service; your violation of any term of these Terms of Service; your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim that any of your Content caused damage to a third party.
This defense and indemnification obligation will survive this Agreement and your use of the InfluencerFinder Service You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
InfluencerFinder and its Services may only be used by persons 18 years and older. If you are under 18 please stop using our Site and Software and please do not submit any information to us.
CHOICE OF LAW
This Agreement shall be governed by the laws in force in the Province of Manitoba. The offer and acceptance of this contract is deemed to have occurred in the Province of Manitoba.
FORUM OF DISPUTE
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in or nearest to Winnipeg, Manitoba. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, InfluencerFinder shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
TERMINATION OF SERVICE
We may terminate or suspend your Affiliate account, or our Service and Software for any reason without notice, though we will strive to provide a timely explanation in most cases. Please be aware that if we terminate service, you may be entitled to a refund if applicable. All provisions of this Agreement which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified, make an announcement on our homepage or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site and our Service.
The communications between you and InfluencerFinder use electronic means, whether you visit the Software, Site, or Service or send Ambassador e-mails, or whether Ambassador posts notices on the Software, Site, or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from InfluencerFinder in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that InfluencerFinder provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.