Terms & Conditions - Influencers
PLEASE READ THIS INFLUENCER AGREEMENT CAREFULLY.
@CRE8R [2024]. All rights reserved; reproduction, adaptation, or translation without permission is prohibited except as allowed under the International copyright laws. All the text, graphics, design, content, and other works on the website and app are trademarked works of CRE8R.
CRE8R has created the CRE8R Platform to allow Brands and influencers to interact, form relationships, buy and sell Paid Content, and create and distribute sponsored Posts through the influencer’s Channels (Instagram, YouTube, Twitter and/or Facebook), with facilitation, support, control, and direction provided by CRE8R and in accordance with these Terms of Use.
INTRODUCTION
By accessing or using CRE8R services, you agree to be bound by these terms, including our Privacy and Cookies Policies, upon creating an account. We may update the terms from time to time, so you should check this page regularly for updates.
Welcome to CRE8R, operated for users globally. As used in this Agreement, the terms “CRE8R,” “us,” “we,” the “Company”, and “our” shall refer as appropriate.
By accessing or using our Services on CRE8R (the “Website”), We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. Responsibility for regularly checking this page for notice of any change shall solely be of the user. Your continued use of our Services to construe your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to the terms, you should stop using our Services immediately.
You further acknowledge that you are willing to interact with the brands, advertisers, marketing agencies. By including your name as an influencer, you may get requests from brands, advertisers, marketing agencies asking you to support them in their brand promotions by making suitable social media postings in return for some fees or products. You have the liberty to accept/refuse these requests from brands, advertisers, and marketing agencies. You may understand that CRE8r is merely a facilitator/medium(intermediary) to connect.
We do not provide any assurance about brands, advertisers, and marketing agencies in any aspects. You understand that CRE8r is a digital platform that (a) collects your data/ Personal information available in various social media platforms like Instagram, Facebook, Twitter, YouTube etc., (b) monetize the Content of your Personal information through our Application Program Interface(API) and web crawlers and (c) showcase your ability, creativity and passion to various brands, advertisers, market agencies and thereby helping you to monetise your social media presence.
CRE8r website is an Influencer marketplace platform. This agreement set forth is legally binding for all the users of the website. This Terms of Use is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
DEFINITION
“Services” any services offered on or through the Site, to a guest or a registered user (hereafter “Agreement”).
“Content” shall mean and include any inputs on specific brands/topics by any user including any blogger/individuals/ social media influencers which may be in the form of text, reviews, comments, data, information, images, photographs, music, sound, video or any other material or any reactions thereto.
“User’' shall mean and include digital marketing companies/ brands, individuals, and influencers.
“Influencer” shall mean persons who is active in social medias (like Facebook, Twitter, Instagram, YouTube etc and/ or who has substantial followers, subscribers, and who has the ability to influence other social media users who have been included in CRE8R database either as registered influencers or unregistered influencers.
“Registered Influencer’’ shall mean those who have volunteered to provide their personal details into the CRE8R database and registered on the platform as an influencer
“Unregistered Influencers” shall mean influencer identified by CRE8R from its own research whose insights and coordinates are extracted from various public sources.
“Personal information” shall mean and include any information relating to the user’s Instagram Handle including name, email id, phone number, location, gender, IP address, address, photograph and economic, cultural, or social identity of the user along with user’s audience data and any other information that the influencer may choose to share or be available in the public domain;
We", "us", “our”, and “CRE8R” means CRE8R. “You” and “Influencer” means the party, other than CRE8R, entering into this Agreement.
NON-EXCLUSIVITY
This Agreement does not create an exclusive agreement between the parties and both parties reserve the right to recommend similar products and services of third parties and to work with other parties in connection with the design, sale, installation, implementation and use of similar services and products of third parties, though without express or implied disclosures of confidential information of the other party.
INFLUENCERS OBLIGATION
By accepting all the terms influencer is liable for the following obligations;
Influencer’s profile shall accurately represent his/her experience, skills, expertise, and personal information;
Influencer’s profile photos shall be clear and appropriate for a professional, global community;
Heavily digitally manipulated pictures are prohibited;
Each Influencer shall be allowed to have only one account;
Influencer’s account shall not be shared or duplicated in any way;
Attempting to mislead by falsely implying a relationship with the Company or any Advertiser shall not be allowed.
The Influencer must abide by the Advertising Standards Council of India (ASCI) guidelines in all the posts.
Any offer of Services that is spam in nature shall be strictly prohibited.
The Influencer shall never post and/or say any kind of negative communication including but not limited to the defamatory, derogatory, abusive, false or incorrect comments, bad words, misrepresentations, complaints, grievances etc., in any media including but not limited to TV, newspapers, radio, social media including tweets, Facebook posts, digital platforms, blogs etc., or in person before any third party or any individuals; pertaining to or in relation to the Company, Advertiser(s), its employees, representatives, group companies, clients or affiliates, the Campaign, Brands/Topics, Consideration, remuneration, payments process etc.
The Influencer shall not edit a Post after Brand has approved the Post.
The Influencer is solely responsible for all the content published and which remains unapproved by the brand.
The Influencer must keep the post on the social media on their page for at least 30 days or as specified in campaign brief and uptime and agreed mutually
After a Post is published, the Influencer will not publish any Post where the effect of publishing such additional Posts would be to reduce the prominence of the earlier Post.
Brand has the right at any time to moderate any Post after publication for a valid reason and the Influencer will immediately make any reasonable modification or amendment requested by Brand
Brand has the right at any time to request that the Post be removed, and the Influencer will comply with such a request immediately upon receipt of such notification.
In case of any defect or shortcomings in the agreed deliverables, Influencer shall remove such defect or shortcoming post receipt of request from Brand.
You should keep up to speed with the latest developments and best practice on how to label your posts in a transparent way to show that it is paid for by the brand. Normally, that will mean labelling your content with #ad or ADVERT in the title or thumbnail of your content. Don’t try to hide the fact that the content is paid for; both you and the Brand will lose credibility if you do.
We work exclusively with influencers who’ve organically grown their audience. If you’re misrepresenting the size of your audience or engagement in your content, we reserve the right to terminate your account.
You must clearly disclose in each sponsored Post your relationship with the Brand. We require that you make such disclosures in such a way that it is clear to the ordinary consumer viewing your Channels that there is a commercial relationship between you and the Brand. This may be achieved through the prominent use of hashtags such as #advertisement or #ad or through other means suitable to your circumstances, Community and Channels.
INFLUENCER ELIGIBILITY
Before you create an account, make sure you are eligible to use our Services. This Section also details with what you can and can’t do when using the Services, as well as the rights you grant CRE8R. By using our Services, you represent and warrant that you possess following eligibility:
Any person over the age of 18 years, or over the age of 13 years with the written consent of a parent or legal guardian.
You are legally qualified to enter a binding contract with CRE8R;
you must be eligible to use each of the social media platforms through which you sign in to the Application (under the relevant platform's prevailing terms and conditions);
you must have at least 1000 followers on Instagram while signing up to the Application.
Your account should be public (viewable by anyone); and either a business account or creator account and all the prerequisite pages are linked with your account / profile as required by social media platforms.
The said Channels may not contain content that is contrary to these Terms of Use or to the terms of use of the relevant social media platform.
You must not misrepresent the size of your audience or your numbers of followers or level of engagement. You must have obtained your followers organically and not through unethical or unsportsmanlike behaviour such as (but not limited to) purchasing or fabricating followers, likes or engagement.
6. SUBMISSION OF CONTENT
It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content. Each Post or Paid Content that you upload should be submitted to the brand for the prior approval to a Brand or publish to a Channel must adhere to the requirements contained in these Terms of Use. We are not obliged to submit any Post or Paid Content that you upload to the Application to the Brand. Posts and Paid Content that do not comply with the above-mentioned clause should otherwise be considered unsuitable for the Campaign may be made inaccessible by the Brand and/or removed. (cre8r hashtag or account to be tagged?)
i. That any content provided must not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any Person, including but not limited to the Brands/Topics, Campaign(s), Company, Advertiser(s), employees, directors, or representatives of the Company and/or Advertiser(s);
ii. That you must publish, post, upload, distribute or disseminate any inappropriate, profane, offensive (including personal comment), defamatory, derogatory, negative, abusive, infringing, obscene, indecent, or unlawful topic, name, material or information through any blog, tag, or keyword;
iii. post Content or items in inappropriate categories;
iv. publish, post, or upload any Content with an intent to cause any harm to the reputation of any other brand/topics;
v. upload Content that shall infringe upon or misappropriate any Intellectual Property Rights or proprietary rights or rights of publicity or privacy of any Person or contain software or other material protected by Intellectual Property Rights of any third party, unless the Influencer owns or controls the said rights or has received all necessary consents thereto;
vi. transmit, access, or communicate any data that he/she/they do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
vii. transfer his/her account, username and/ password to a third party;
viii. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
ix. In any manual or automated way copy, appropriate, use or disclose any copyrighted text, or other intellectual property, rights of publicity, privacy, or contract rights or otherwise misuse or misappropriate CRE8R Platform information or content including but not limited to, use on a mirrored, competitive, or third-party site;
x. upload or distribute Content that contain viruses, corrupted files, ‘Trojan horses’ or any other similar software or programs that may interrupt, harm, overload, collapse, destroy, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, limit the functionality, or damage the operation of the website or any third party’s computer;
xi. Use any automated system including but not limited to robots, spiders, offline readers, crawlers, scrapers to access, copy, maintain or compile the CRE8R Platform or content thereon for any purpose without CRE8R’s prior written approval;
xii. impersonate any person or entity or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
xiii. engage any illegal activity;
xiv. Share or disseminate material linked to terrorist activities;
xv. Share or disseminate information on development, design, manufacture, or production of missiles, or nuclear, chemical, or biological weapons;
xvi. violate any applicable laws or regulations for the time being in force in or outside India;
xvii. by act, word, deed or otherwise make any statement to the effect that the Influencer is associated with the Company in any manner; and
xviii. threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;
xix. violate the terms of engagement, terms of use, privacy policy or any other terms and conditions as may be applicable to him/her.
This license shall automatically terminate if you violate any of the above restrictions. Upon termination of the license, you must destroy any downloaded materials in your possession in any format whatsoever including in electronic or printed format.
We may alter, suspend, or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and aspects of the Services or restrict your access to parts or all of the Services without notice or liability.
7. THIRD PARTY WEBSITES/MOBILE APPLICATIONS, GOODS AND SERVICESThe Platform provides links to third party websites and/or mobile applications. We make no representations as to the quality, suitability, functionality, or legality of any sites to which we may provide links, or any goods or services available from such sites. You acknowledge that when you access a link that leaves the website of the Platform, the site you will enter into is not controlled by us and different terms of use and privacy policies may apply. By accessing links to other sites, you acknowledge that We are not responsible for those sites. Cre8r reserves the right to disable links from third-party sites to the Platform, although we are under no obligation to do so.
All matters concerning any goods and/or services that you purchase from a third party site, including without limitation all contract terms, are solely between you and the owner of that site and you agree not to hold us responsible or liable for any costs or damages to you or any third party arising directly or indirectly out of the purchase/availing by you of goods and/or services from any third party website and/or mobile application.9. RIGHTS YOU ARE GRANTED BY CRE8RCRE8R grants you the right to use and enjoy our Services, subject to these Terms. For as long as you comply with these Terms, CRE8R grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sub licensable license to access and use our Services for purposes as intended by CRE8R and permitted by these Terms and applicable laws.10. INTELLECTUAL PROPERTYNothing in these Terms of Use grants you any ownership or other rights in, the Intellectual Property Rights of the Brand. Nothing in these Terms of Use prohibits the Brand to make use of any content made by the influencer for promotion of brand to use on their platform.11. INFLUENCER RIGHTS IN POSTSAll rights, title, and interest (including all Intellectual Property Rights) in Posts will remain held by you for all the social media pages owned by you.12. CONSIDERATION Requirements for Payment.
You shall duly provision your account details and affirm to acceptance of payments to be remitted to you as per agreed terms or within 45 days from the date of getting the post live on the said platforms. (In case of those who want advance?)13. CRE8R ’S INTELLECTUAL PROPERTYAll CRE8R Materials on the CRE8R Platform are protected by all applicable laws, including copyright and trademark laws, and may not be used except as permitted in these Terms of Use. Nothing in these Terms of Use will be taken to constitute a transfer, assignment or grant of any ownership rights in any Intellectual Property Rights in the CRE8R Materials to a Brand or Influencer.
All right, title and interest in all Intellectual Property Rights in all of CRE8R brands, logos, images, buttons, codes, layout, text, content, graphics, and products and services as displayed on the CRE8R Platform as well as the look and feel of the CRE8R Platform (the “Brand Features”) are the property of CRE8R and will remain or be vested in CRE8R at all times and may not be copied, imitated or used in whole or in part without CRE8R prior written consent. Your use of the CRE8R Platform will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Brand Features or the Platform. CRE8R grants to you a limited, non-exclusive licence to use the Brand Features solely for the purpose, and to the extent necessary, to enable you to use the CRE8R Platform in accordance with these Terms of Use.14. CONFIDENTIALITY
Each of you and CRE8R understands that the other has disclosed or may disclose business, technical or financial information relating to its business, including in the case of CRE8R (Confidential Information), and agrees:
to take reasonable precautions to protect the other party's Confidential Information;
not to use the other party's Confidential Information except for the purposes of these Terms of Use;
And not to disclose the other party's Confidential Information to any third person except to the extent required by law or with the consent of the other party.
The obligations will not apply to any information that you or CRE8R (as applicable) can document:
is or has become generally available to the public;
was in its possession, or known by it, prior to receipt from the other party;
was rightfully disclosed to it without restriction by a third person;
Or was independently developed by it without use of any Confidential Information of the other party.
15. INDEMNIFICATION
You agree to indemnify, and must defend and hold harmless, CRE8R and its related bodies corporate, personnel, servants, and agents, from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with any of the following (including as a result of your direct activities on the CRE8R Platform):
your Content or access to the CRE8R Platform;
your use or inability to use the CRE8R Platform;
your breach or alleged breach of these Terms of Use;
(where you are an influencer) your claim against a Brand for any reason;
(where you are a Brand) your claim against an influencer for any reason;
any claim or allegation that your Content infringes a third party’s rights, including Intellectual Property Rights;
your violation of any applicable Laws; and
any misrepresentation made by you.
16. LIMITATION OF LIABILITYIn using the CRE8R Platform, you may be exposed to Content that is harmful, obscene, misleading, or inaccurate. Under no circumstances will CRE8R be liable in any way for any Content, including but not limited to any errors or omissions in such Content or any loss or damage of any kind incurred as a result of any use of Content posted, transmitted, or otherwise made available via the CRE8R Platform
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CRE8R FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID TO YOU BY CRE8R FOR OFFERING YOUR SERVICES OR USING THE SITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
The CRE8R Group shall not be liable to the influencer for damages of any kind arising out of the influencer’s use of the CRE8R Platform otherwise required by Law.17. DISCLAIMERSWhilst CRE8R endeavours to take all reasonable steps to ensure that the CRE8R Platform operates as expected, the CRE8R Platform and its entire contents are provided on an “as is” and “as available” basis without any warranties of any kind, either expressed or implied, to the fullest extent permissible pursuant to applicable law, including, without limitation, any implied warranties of merchantability, satisfactory quality, non-infringement or fitness for a particular purpose. CRE8R does not make any guarantees and does not provide any undertaking that the CRE8R Platform will be available at all times or that it will be error free, reliable, or secure or free from viruses or other harmful components or that any defects will be corrected. You agree that you use the CRE8R Platform at your own risk and that CRE8R disclaims any and all responsibility for any damage or loss that you may suffer or incur as a result of using the CRE8R Platform, whether they are direct, indirect, punitive, or consequential (including but not limited to loss of profits, loss of business revenue or loss of goodwill). This includes any loss that results from any interference, malfunction, delays, failures, or damage that occurs to your device or that results from accessing, installing, updating, or using the CRE8R Platform. You assume total responsibility for your use of the CRE8R Platform, including compliance with all applicable road rules and regulations. Subject to the Consumer Guarantees, your sole remedy against CRE8R for dissatisfaction with the CRE8R Platform or any content is to stop using the CRE8R Platform or such Content. This limitation of relief is a part of the bargain between the parties.18. DISPUTE RESOLUTIONIn the unlikely event that we have a legal dispute, here is what you need to know. If you are dissatisfied with our Services for any reason, please contact CRE8R Customer Service first so that we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a claim against CRE8R, these terms will apply.
19. JURISDICTION AND DISPUTE RESOLUTION:
Any question or difference which may arise concerning the construction meaning or effect of this Agreement or concerning the rights and liabilities of the parties hereunder or any other matter arising out of or in connection with this Agreement shall be referred to a single arbitrator who shall conduct proceeding in Gurgaon, Haryana which shall be appointed by the us within 30 days from the written request from the Member. The decision of such arbitrator shall be final and binding upon the parties. The cost of proceedings shall be borne equally by the parties. Any reference under this clause shall be deemed to be a reference to arbitration within the meaning of the Arbitration Act 1996. The courts at Gurgaon, Haryana (India) shall have exclusive jurisdiction in all the matters arising out of Agreement. For the purpose of Jurisdiction this Agreement shall be deemed to be accepted by the User/ Member in India.
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