The Influencer must be a resident of India and must be minimum of 18 years of age on the date of his engagement.
The Influencer shall not be (i) incapable/prohibited from entering into legally binding contracts or (ii) barred from receiving and rendering any services under the laws of India or in any other applicable jurisdiction or (iii) suspended from providing the services.
The following categories of persons shall not be eligible to provide Content:-
employees (including the immediate family members) of the Advertiser, its respective divisions, affiliates, authorized dealers/distributors, agents, which has posted the request for content for its Brands/Topics;
Any individual / company professionally connected with the Advertiser, which has posted the request for content for its Brands/Topics.
The Influencer shall only post and upload the required Content that are proper and do not fall under any of the categories mentioned below, apart from such other restrictions imposed by applicable laws:
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);
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;
post Content or items in inappropriate categories;
publish, post or upload any Content with an intent to cause any harm to the reputation of any other brand/topics;
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;
transmit, access or communicate any data that he/she does 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);
forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information);
transfer his/her account, username and password to a third party;
distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
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;
conduct or forward surveys, contests, pyramid schemes or chain letters;
harvest or otherwise collect information about users, including email addresses, without their prior written consent;
download / distribute any content posted by another user of a similar service that the Influencer knows, or reasonably should know, cannot be legally distributed in such manner;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of origin or source of software or other material contained in a Content;
impersonate any person or entity or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
engage any illegal activity;
shall not contain material linked to terrorist activities;
shall not contain information on development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons;
violate any applicable laws or regulations for the time being in force in or outside India;
by act, word, deed or otherwise make any statement to the effect that the Influencer is associated with the Company in any manner; and
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;
The Influencer shall be responsible for maintaining the confidentiality of his/her account and shall be fully responsible and liable for all activities that occur under his/her account. The Influencer shall (a) immediately notify the Service Provider of any unauthorized use of the Influencer’s password and/or account or any other related breach of security, and (b) ensure that Influencer exits from his/her account at the end of each session.
The Influencer shall not engage any actions/activities such as reverse engineering, modification, copy, distribution, transmission, display, reproduction, publishing, licensing, creating derivative works of, transferring, or selling any information, software and/or any third Party’s intellectual property, without being authorised to do so.
The Influencer shall be solely responsible for the Content being provided by him/her and any liability arising in respect thereof including against the Company, and must ensure compliance with all laws or regulations applicable to him/her and the Content. The Influencer shall assume all risks associated with use of such Content, including any reliance on its accuracy, completeness or usefulness by others.
The Influencer must submit the Content within the date specified by the concerned Advertiser(s). Any Content submitted after the due date shall be rejected.
The Influencer must submit the Content individually. Any content that Advertiser(s) or Company believe, in their sole discretion, to have been made (a) via participation in a syndicate or (b) via any form of machine-assisted intervention enabling computer generated multiple entries, shall be disqualified. The Company and concerned Advertiser’s decision to consider the Content is final and no correspondence from the Influencer shall be entertained on the issue.
The Influencer shall not make the Company responsible for the manner or circumstances in which third parties access or use the Content.
In relation to Influencer’s account, the Influencer must adhere to the following guidelines:-
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;
Logo, clip art, group pictures, or heavily digitally manipulated pictures shall be 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;
Sharing contact information such as email, phone number, or Skype ID profile/account shall not be allowed;
Any offer of services that is spam in nature shall be strictly prohibited.
The Influencer shall, at all times, adhere to the confidentiality provisions in respect of Confidential Information set out herein.
The Influencer shall not be entitled to solicit any work and get paid for, with the Advertiser outside the scope of his arrangement by the Service Provider.
The Influencer shall warrant and certify that he/she has the authority and is legally entitled to upload and post Content, and that the same does not infringe any Intellectual Property Rights, personal or privacy rights or other rights of any third party/ Person(s) and has not been in any manner plagiarised. The Influencer shall further be required to warrant that no action, suit, proceeding, or investigation has been instituted or threatened relating to any Content, including but not limited to infringement of Intellectual Property Rights in the Content, formerly or currently used by the Influencer in connection with his engagement by the Service Provider pursuant to this Agreement.
The Influencer shall execute Influencer Empanelment Documents and shall consent and agree to have read, accepted and fully understood the terms set out therein.
The Influencer shall:
absolutely and irrevocably assign to the Company and the respective Advertiser(s), to the exclusion of other Persons, all the rights, title and interest, including the Intellectual Property Rights that the Influencer has or may in the future become entitled to, in the Content, in any media, medium, manner, means, technology or delivery system, or combination of them, which currently exists or which is developed in the future. The Influencer shall ensure that such rights solely and exclusively belong to the Company and the respective Advertiser(s) and include right to sub-assign, as if the same was created as a work for hire.
where the aforesaid assignment of rights is not possible, the Influencer shall grant the Company and the respective Advertiser(s), an exclusive, worldwide, perpetual, irrevocable, licensable (through multiple tiers) right to use or exercise any and all the aforesaid rights.
wherever possible, irrevocably and unconditionally waive any and all moral rights or any rights of similar nature under any law in any jurisdiction in and to any intellectual property created pursuant to his empanelment by the Service Provider as required under this Agreement.
the Company and the Advertiser(s) have the right to use, explore, exploit and utilize the said Content worldwide and in perpetuity without any further payment, cost or reference to the Influencer.
ensure that the aforesaid right include right to modify or alter or adapt the Content.
do all acts, deeds and things including execution of necessary documents without charge or compensation but at the cost of the Company and the respective Advertiser(s), for fully and effectively vesting the aforesaid rights in the Company and the respective Advertiser(s).
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, print, 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 verify the accuracy of all information on his/her own before undertaking any reliance on any information provided through any third party content or website which may be contained on the Service Provider’s website/app (“Linked Sites”). In the event that by accessing any such Linked Sites, the Influencer is exposed to content that he/she considers offensive or inappropriate, the Influencer shall not hold the Service Provider/Company responsible or liable for the same.
The Influencer shall be solely responsible for his/her interactions with other users and any other parties with whom he/she interacts while his engagement with the Service Provider, provided however that the Service Provider reserves the right, but have no obligation, to intercede in any disputes. The Influencer hereby agrees that the Service Provider/Company will not be held responsible for any liability incurred as a result of such interactions.
The Influencer shall strive to make a positive contribution to society and the environment by inter alia maintaining high standards of marketing ethics, respecting human rights, respecting the environment and supporting community organisations. The Influencer shall not create work/post Content which is intended or designed to mislead, including in relation to social, environmental and human rights issues.
The Influencer shall give appropriate consideration to the impact of his/her Content on minority segments of the population, whether that minority be by race, religion, national origin, colour, sex, sexual orientation, gender identity or expression, age or disability.