1.1. Afluencer provides certain products and services to connect influential individuals (“Influencers”) with companies (“Brands”) for their mutual marketing and advertising benefit. (“Services”) Afluencer does this both indirectly through blog posts highlighting Brands and directly by both allowing Brands and Influencers to match themselves or by matching compatible Brands with Influencers based on their self-selected interests and also answers to Our interest questionnaire. Direct matches are made by sending Brands messages conveying a potential match which they are free to decline or accept. Once a mutual acceptance has been made, an introduction is made and We leave the rest up to You!
- 1.1.1. Afluencer may introduce Brands and Influencers to one another through email if Afluencer deems that there is a potential match. You agree and understand that Your name and social media username on file or Your Brand’s name will be shared in these introduction emails to other account holders. Once You receive an email alerting You of a potential match You can agree to or decline an introduction. If there is mutual Agreement You, as either a Brand or Influencer, will be able to communicate directly with Your match through the System.
- 1.1.2. If You are Brand who completes the Brand interview questionnaire, You agree and understand that You do so in order to be featured within the System and that information contained within Your responses will be published on the System.. Occasionally, We may select Brands to be featured within the System. Completing the questionnaire does not guarantee a publication or feature within the System. All featured content shall be determined at the sole discretion of Afluencer.
1.2. Newsletter Subscription. You may also subscribe to Afluencer’s newsletter (“Newsletter”) by signing up with Your email address. When subscribing to the Newsletter You will be asked for Your name and email address, You agree to provide truthful, complete, and accurate information when You subscribe to a Newsletter. By subscribing to the Newsletter, You agree to receive periodic emails, You may unsubscribe at any time through the unsubscribe link located in the email. If You have any questions regarding the Newsletter please contact Us at firstname.lastname@example.org.
2. Your Account
2.1. Account Registration. When registering for a new account You will be asked for information such as Your name, email address, and Your username on Your preferred social media website. You agree to provide and maintain truthful, complete and accurate information when You create Your account or subscribe to a newsletter. If You are creating an account on behalf of a company, You agree and confirm that You are authorized to create such an account and may only do so through Your corporate email address. You are responsible for the confidentiality of Your password and agree not to let anyone besides the registered account holder use Your account.
2.1.1. Communications. By creating Your account, You agree to receive periodic emails and messages from both Afluencer and Brands or Influencers that We may match You with. You may opt out of email communication, however doing so may limit Your use of the Services since matches are introduced via email.
2.1.2. Influencer Account Eligibility. Individuals are eligible for Influencer account registration upon meeting the following criteria: (i) they are at least 18 years of age and (ii) they have a minimum of 5,000 social media followers (iii) they meet a certain level of social media activity (iv) they must be legally eligible to do business in the United States, and (v) must be from a jurisdiction in which We provide Services. Legitimacy of followers and level of social media activity shall be determined at the sole discretion of Afluencer.
2.1.3. Brand Account Eligibility. Brands are eligible to register for a Brand account where they meet the following criteria: (i) Brand Account Owners must have the legal right to use the identified Trademark, whether registered or not; (ii) Brand Account Owners must register with the Service with a valid corporate email address which will be verified; and (iii) Brands must be able to prove a minimum of $10,000 in associated annual revenue, (iv) Brands must be legally eligible to do business in the United States, and (v) must be from a jurisdiction in which We provide Services. We reserve the right to verify annual revenue at Our discretion.
- 2.2.1. Membership and Fees. Afluencer provides different limited and full subscription membership levels which are available to Brands and Influencers with corresponding pricing levels (‘Fees”). All Fees and Membership levels are subject to change, except that existing customers will be provided with at least 30 days’ notice of any change to Membership levels or the Services offered within any applicable level. In the event that You wish not to accept the changes, Your option is to cancel Your subscription and membership. The current subscription plans are available as stated here or on the Subscriptions page of the App.
- 2.2.2. Paid Memberships. Paid Memberships automatically renew on a monthly basis at the rate You agree to when You subscribe and are automatically charged to the credit card You provide at the time that You create Your subscription. For Your convenience, We will continue to charge Your account on a monthly basis until Your membership is canceled by You or terminated (as provided herein) or until
We otherwise suspend or terminate Your membership in accordance with these terms.
2.2.3. Limited Memberships. Limited Memberships may be made available from time to time at no cost and provide limited use of the System and Services.
2.3. Cancellation Policy. You may cancel Your Membership at any time. You can cancel Your Membership by contacting Us via email at email@example.com, via phone at (916) 480-8425, or via live chat on the Site and letting Us know You want to cancel prior to Your next renewal date. In order to avoid being charged, requests must be received at least 24 hours before Your next renewal date. If You cancel within 24 hours but prior to Your renewal date then You may still be charged, but You will be refunded the amount back to Your original form of payment. If You cancel after Your renewal date, Your cancellation will take effect on Your next renewal date. You will be able to use Your account until Your next renewal date and Your account will terminate on Your next renewal date. There are no prorated refunds permitted.
2.4. Promotions. Afluencer reserves the right to offer subsequent promotional rates which may or may not be more favorable than the terms under which You entered this Agreement. Any such periodic special rates shall not affect the then existing rights and responsibilities of each party. Afluencer also reserves the right to change the rate charged for any such fee under this Agreement with 30 days’ notice.
2.5. Payment of Fees by Credit Card. Afluencer accepts payment by Credit Card (American Express, Visa, MasterCard, Discover, Diners Club and JCB) In addition, Afluencer may, from time to time allow additional forms of payment, however, the offering of a particular form of payment does not obligate Afluencer to continue to offer that form of payment in the future. The current list of payment options will be displayed during the order process. If You have any questions concerning the current available payment options, please contact Us at firstname.lastname@example.org.
2.5.1. Prior to activation of Your account and at any applicable time thereafter You agree to allow Afluencer to charge Your provided credit card and at stated regular intervals the agreed service fee amount for the stated period together with any other charges outlined herein as may be applicable. You further authorize Afluencer to charge Your credit card for all subsequent period fees at, or a reasonable period in advance of, the commencement of any such subsequent period. You agree to maintain current valid existing credit card information with Afluencer for the purpose of satisfying the Afluencer charges as they become due. Refusal or rejection of any such charge or any portion thereof is grounds for account suspension and/or termination at the sole option of Afluencer under Paragraph 3 herein.
3. SUSPENSION AND TERMINATION
3.1. Suspension – At the sole option of Afluencer for any reason set forth herein or in the event that You breach any term of this Agreement including but not limited to Section 2 (Your Account) and Section 5 (Acceptable Use Policy) Afluencer may suspend Your account by deactivating any access by You to any information contained on the Afluencer servers and
System related to Your account while maintaining the information and data related to Your account upon the Afluencer servers. Suspension shall specifically include the disabling of Your account such that You may be prevented from accessing Your account and Membership, Your account details, or any other content accessible in Your account. In the event of any such suspension You will be notified and given an opportunity to correct such breach. In the event that such breach is not corrected within ten (10) days the account may be terminated under 3.2. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.
3.2. Termination – This Agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of Your information from the Afluencer System and servers. Such information or data may or may not be made available to You by Afluencer after any such termination. This Agreement may be terminated either (a) after a period of suspension as set forth in Paragraph 3.1 or (b) by the sole discretion of Afluencer or (c) by You before Your next renewal date under Paragraph 2.4.
3.3. In the event of termination under Paragraph 3.2(a) there will be no refund provided to You. In the event of termination under Paragraph 3.2(b) or (c), no refunds shall be provided, instead You will have use of Your account until the end of Your billing cycle. The termination shall not affect the rights of Afluencer to recover from You, losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorneys’ fees or other costs of any kind as may be applicable under California Law.
4. NO BACKGROUND CHECKS OR IDENTITY VERIFICATION
Afluencer provides a unique service of pairing Influencers with Brands. Due to the nature of the service it is imperative that You agree to provide truthful, complete, and accurate information when signing up for the Service and when communicating with potential Influencers or Brands on or through Afluencer as is required under these Terms. You understand that Afluencer does not conduct background checks, identity verification checks, or any verification under the Specially Designated Nationals and Blocked Persons List (SDN), on its Users or account holders, and it is therefore your responsibility to verify eligibility and background accordingly. While Afluencer does takes steps to verify the legitimacy of its Influencers and requires Brands to use their corporate email address, no further verification is conducted. Afluencer reserves the right and You hereby authorize Afluencer to conduct appropriate screenings in instances where Afluencer must determine compliance with Paragraph 5 (Acceptable Use) of this Agreement, however we undertake no obligation to do so and your participation in the System is at your own risk. Afluencer makes no representations or warranties as to the intentions, conduct, identity, and legitimacy of account holders. You acknowledge and agree that Afluencer is not liable for an account holder’s actions or any misinformation they disclose, and that You are responsible to exercise proper judgment and caution when dealing with Influencers and Brands and unknown individuals on the Internet in general.
5. ACCEPTABLE USE
Afluencer strictly enforces compliance with its acceptable use terms under this Paragraph five (5). Failure to so comply with the terms set forth below is cause for immediate suspension and possible termination under Paragraph 3 herein.
5.1. You agree that You will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
5.2. You agree not to cause any harm to minors of any kind or to perform any activity which is likely to cause such harm.
5.3. You agree not to take any action which encourages or consists of any threat of harm of any kind to any person or property.
5.4. You agree not to transmit any unsolicited commercial or bulk email. You will not engage in any activity known or considered to be “spamming” or “Mail Bombing.”
5.5. You agree to use the System and Services only as intended for the purpose of matching an approved Brand to an Influencer.
5.6. You agree to use the System and Services only for the purposes intended under this Agreement.
5.7. You agree not to disclose or share the email address of a potential match.
5.8. You agree not to make or attempt any unauthorized access to the Afluencer server, System, or to any Afluencer account holder’s account.
5.9. You agree not to undertake any action which is harmful or potentially harmful to the Afluencer server structure.
5.10. You agree to provide truthful, complete, and accurate information when signing up for the service and when communicating with potential Influencers or Brands on Afluencer.
5.11. You agree to respond to communication from Afluencer, any Influencer or a Brand within 72 hours of receipt.
5.12. You agree not to communicate beyond what is appropriate with another account holder once communication is rejected. What is appropriate is determined at the sole discretion of Afluencer.
5.13. You agree to act appropriately and to conform to standards of common courtesy and decency while communicating with System Members or Afluencer staff, or while otherwise using the Services. Violations of this section are determined at the sole discretion of Afluencer.
6. MODIFICATION TO THE SYSTEM AND SERVICES OFFERED.
6.1. Afluencer is constantly innovating to provide the best customer experience, in doing so the System and Services available to You may change. Afluencer reserves the right to make such changes, additions or discontinue all or part of the System or any Service without prior notice to You.
6.2. For the term of Your Membership as set forth herein Afluencer agrees to provide Services according to the plan selected by You upon activation of Your account. In the event of a material change to Your Membership, You agree to and will be notified via email within a reasonable time before the change is in effect.
7. OWNERSHIP OF INTELLECTUAL PROPERTY; CONFIDENTIALITY.
7.1. It is understood and agreed that during the term of this Agreement and thereafter You may come into possession of information, which is the confidential and proprietary information of Afluencer, including but not limited to Afluencer System, customer service, and maintenance tools. You acknowledge that all right and title to any such Afluencer intellectual property shall remain the sole property of Afluencer and that You have no right, title or interest therein. You further agree not to provide access to the Afluencer Services to any third party. You agree not to in any way, translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Afluencer Services, and also agree not to assist any third party in doing so in any way. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the Afluencer service shall also remain the sole property or Afluencer.
7.2. During the term of this Agreement You may have access to certain information and materials relating to the Afluencer business, customers, software technology and marketing which Afluencer treats as confidential (hereinafter “Confidential Information”). You agree to at all times during the term of this Agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any “Confidential Information” without the express prior written consent of Afluencer; and (ii) not use or disclose any of the “Confidential Information” for any purpose at any time, other than pursuant to Your rights under this Agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
7.3. You are granted a non-exclusive, non-transferable, fully revocable license to access and use the System and Services for personal or business use depending upon the nature of Your account. No portion of the System or any Services may be copied, sold, retransmitted or otherwise used by for any reason without the express advance written consent of Afluencer. You may not copy or “scrape” the System for any data including but not limited to names, addresses or any other information of any other account holder.
7.4. ItisunderstoodandagreedthatAfluencerownsalllegalright,title,andinterestinandto System and Services, including without limitation any intellectual property rights that exist within the System and Services. Nothing in these Terms aside from Section 7.3 above gives You a license or right to use the intellectual property of Afluencer, this includes any trademarks, service marks, logos, domain names and copyrighted information without a written Agreement between You and Afluencer.
7.5. Account Holder Content License. By sending, posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content to the System, You are granting the System and Afluencer and its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use, copy, distribute, transmit, display, reproduce, edit Your content. And by posting content to the System, You warrant that You own the rights to the content and/or are authorized to post, display, and/or transmit the content. You agree not to post, display, perform, transmit any content that are libelous, defamatory, obscene, pornographic, abusive, or threatening, that advocates or encourages conduct that could constitute a criminal offense or give rise to civil liability, or otherwise violates any applicable local, state, national, or foreign law or regulation, or that advertises or otherwise solicits funds or is a solicitation for goods or Services.
7.6. Afluencer reserves the right to terminate Your account or ability to effectuate transmission, or other distribution of any such material using the System, and, if applicable, to delete any such material from its servers.
8. WARRANTIES AND LIMITATIONS
8.1. Afluencer makes every reasonable effort to maintain operation of the Afluencer service however because as many events and circumstances are beyond the control of Afluencer, Afluencer does not in any way warrant or otherwise guarantee the availability of the System and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of Afluencer.
8.2. THE AFLUENCER SERVICE IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
8.3. You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.
8.4. THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE, SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO AFLUENCER IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL AFLUENCER BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
8.5. THERE SHALL BE NO WARRANTY OR GUARANTEE OF ANY KIND OTHER THAN AS MAY BE EXPRESSLY STATED HEREIN.
9.1. You agree to fully defend and indemnify and hold harmless Afluencer of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys’ fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this Agreement or Your negligence whether active or passive or any negligence of Afluencer in any way related to Your use of the Afluencer service or any portion thereof.
9.2. You agree to fully defend and indemnify and hold harmless Afluencer of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys’ fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to Your use of the Afluencer service or any portion thereof. Choice of counsel remains exclusively that of Afluencer.
9.3. You agree that upon the assignment of Your user ID and password that You will maintain the confidentiality of Your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to Your account via the use of Your user ID. You further agree to defend and indemnify and hold harmless Afluencer of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys’ fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of Your confidential User ID and Password information. Choice of counsel remains exclusively that of Afluencer.
10. FORCE MAJEURE
Either party to this Agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, pandemics, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
This Agreement and the rights hereunder is not assignable or transferable except that Afluencer may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of Afluencer. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.
If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
You agree that if Afluencer does not exercise or enforce any legal right or remedy which is contained in the Terms or is otherwise entitled to will not constitute a formal waiver of Afluencer’s rights and that those rights or remedies will still be available to Afluencer.
14. CHOICE OF LAW
Agreement shall be interpreted under the laws of the State of California without regard to any conflict of laws provisions. Any action between the parties to this Agreement for the breach of this Agreement or any action or claim in any way relating thereto shall be venued in the state or federal courts of the State of California, County of Sacramento. The parties to this Agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
15. NO AGENCY
Notwithstanding any other provision of this Agreement, Afluencer is not Your agent, partner or joint venturer in any respect.
Afluencer may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on this page or on a within the tab structure of the download page for the mobile application in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts. If any such amendment is a material change to Your subscription You will receive a notice via the email associated with Your account within a reasonable amount of time before the material changes become effective in order to give You an opportunity to change or cancel Your subscription.
17.1. Any notice under this Agreement shall be given by Afluencer to You via email at the address provided by You to Afluencer at the commencement of this Agreement or as Afluencer is subsequently advised. Notice to You at this address is deemed sufficient regardless of Your receipt of such email. If You wish to update Your email address You should do so in the My Account section of the App or through live chat on the Site.
17.2. Notice of Account Termination shall be made in accordance with the Cancellation Policy located in Paragraph 2.3
17.3. Any other notice by You to Afluencer shall be made by telephone to a customer service representative at (916) 480-8425. Such notice may also be sent via United States Mail to the following Address: Afluencer, LLC
1710 R Street, Unit 404 Sacramento, CA 95811
Sections 2.3, 2.5, 3, 5-18, inclusive, of this Agreement shall survive the termination of this Agreement and shall remain in full force and effect after any such termination.
19. REQUIRED NOTICES
California – Pursuant to the terms of The Electronic Commerce Act of 1984 please be advised that as may be applicable to You under California Law if You are unsatisfied with the manner in which a complaint that You may have regarding the Afluencer service You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 N. Market Blvd., Ste N-112, Sacramento, CA 95834-1924 or by telephone at 1-800-952-5210.