Terms for Content Creators
Takefluence is a Platform available to Content Creators (Content Creators) and Advertisers (Brands), which connect Brands with Content Creators. The Brands can offer different marketing tasks including, but not limited to reposting brand content, creating content according to given guidelines, writing reviews, driving sales with the help of affiliate links or promo codes for promotion of their business on social media. Takefluence is owned and operated by Admitad International FZ-LLC.
“Content Creators” — means you or the person to whom these terms and conditions apply to.
“Brands” — means Takefluence’ clients who wish to engage Takefluence and the Content Creators to provide the Services and perform Tasks by way of the Platform.
“Task(s)” — tasks including (promo codes, creating content, mentioning brand social media on the post etc), the individual services, namely the posting content in social media and performance of Promotional Activities, that are listed on the Platform.
“Task Result” — a completed Task that has been approved by Takefluence and the Brand and subsequently posted on the Resources, which is the result of the intellectual creative activity of the influencer.
“Platform” — means https://takefluence.com/
TERMS AND CONDITIONS OF USE
1. The following terms and conditions of use, or any future amendment thereof (the “Terms and Conditions of Use”, “Terms”) govern the access to and use of the Takefluence platform. These Terms and Conditions of Use (together with our Privacy and Cookies Policies together the “Terms”)) form an agreement between Takefluence and Content Creators and shall be the sole agreement between us. These Terms are not intended to give rights to anyone except you and us.
2. These terms and conditions will be effective when you complete the Registration onto the Platform. By completing the Registration onto the Platform, you are confirming to Takefluence that you accept and agree to abide by these terms and conditions in full when using the Platform and performing the Services and Tasks. If you disagree with these terms and conditions, you must immediately stop using the Platform.
3. Except where prohibited by applicable law, we reserve the right to change these Terms and Conditions of Use at any time without notice. Your continued access to or use of the Platform after any changes to these Terms and Conditions of Use indicates your acceptance of such changes. It is your responsibility to review these Terms and Conditions of Use regularly.
4. We reserve the right, at our sole discretion to reject, block and/or deny access to anyone to the Platform and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use. You shall cease and desist from any such access or use immediately upon request by Takefluence.
SUBJECT OF THE CONTRACT
5. During the Agreement, you shall have access to the Platform where Tasks with Promo codes will be listed for you to consider and if you wish to undertake to carry out a Tasks with Promo codes, you shall be able to make an Application to perform the Promo codes through your Personal Account on the Platform for a reward. This reward shall not be guaranteed and is subject to change depending on the result and any other qualifications that shall be detailed in the Tasks in the Platform. If no task results are tracked with allocated Promo code within 14 days, Takefluence has the right to withdraw the allocated Promo code from the Content Creators.
6. The description for each Task, as well all requirements, conditions, deadline for fulfilling the Task, the estimated reward or detail of how the reward will be calculated, shall be contained on the Platform.
7. Once you have made an Application to perform a Task, you are warranting to Takefluence that you are willing and able to carry out the Task for Takefluence and the Client on the terms and conditions set out in this Agreement and as detailed on the Platform.
8. Takefluence is not bound to accept your Application to perform the Task until Takefluence has approved your Application and informed you in writing, or by way of the Platform that your Application is accepted.
9. Once you have completed a Task, and the Task Result has been approved by Takefluence you must submit a Report no later than 5 (five) business days from the date of approval of the Task Result. The Report shall be filled by way of the prescribed form which is accessible in your Personal Account.
10. Takefluence gives no warranty regarding the availability of the Tasks and Promo codes on the Platform, the Tasks and Promo codes are offered on an ‘as is’ and ‘as available’ basis, without any warranty of any kind and without any guarantee of continuous or uninterrupted availability.
PAYMENT PROCEDURE
11. Takefluence will pay you a reward for each Task according to tariffs and fees which are mentioned in the Platform or in a specific task. The Parties hereby agree to use the Takefluence’s tracking system in order to account the services provided hereunder, and inter alia, register the Content Creators’s leads generated. The aforesaid system data will be used to determine the scope of the services provided and estimate the price thereof.
12. The Content Creator shall receive a reward from Takefluence, which directly depends on the success of their task results.
13. In each separate case, the reward amount is determined by the type of paid action and the rate set by the Advertiser for this action that is effective at the time of performing this action. The Advertiser has the right to change the rates, but the new rates do not apply to already performed actions. The Content Creator does not have the right to demand a different rate for theirs. The Content Creator undertakes to become familiar with the current rates in the interface of the Takefluence Platform. Submitting an application for joining the program indicates the agreement to the current rates. The minimum withdrawal amount should equal or exceed the amount specified under the link, depending on the currency of withdrawal. An amount less than the minimum withdrawal amount will be paid to the Content Creator only in case of account deletion.
14. Except for the agreed reward, the Content Creator is not entitled to reimbursement of costs incurred for the bank transfer, for the use of third-party services or programs that are not provided by the Takefluence Platform, even if these costs are related to their advertising activities within the Takefluence Platform.
15. The right to receive the reward is exercised only if all the following conditions are fulfilled:
The Content Creator’s advertising activity led to the Deal between the Advertiser and the visitor.
The Deal was registered by tracking means of the Takefluence Platform.
The Deal was authorized for calculation by the Advertiser and confirmed by the Takefluence Platform.
The relevant Advertiser has paid Takefluence for its services under its agreement with the Advertiser.
The reward amount equals or exceeds the minimum withdrawal amount.
The Content Creator did not violate the Terms.
16. The reward amount will be made within 20 working days from withdrawal request by Content Creator in Platform.
17. Each Party is solely and separately responsible for the payment and reporting of its own taxes in any jurisdiction concerned. If payments under these Terms are subject to applicable withholding tax, Takefluence shall be entitled to deduct the corresponding tax amount from the Content Creator’s reward. The Content Creator undertakes the full responsibility for provided payment information and confirms that it is true, complete, and accurate. All payments will be made with the use of this payment information. Takefluence is not obligated to take steps to verify the accuracy of payment information provided by the Content Creator.
18. The Content Creator will immediately repay any amounts paid to the Content Creator in error, or other than in accordance with the Content Creator’s rights under this Agreement.
TAKEFLUENCE’S OBLIGATIONS
19. Takefluence shall so long as you comply with the terms and conditions set out in this Agreement:
(a) cooperate with you in all matters relating to the Services;
(b) provide you with access to the Platform and required data to be able to perform the Services and relevant Tasks and such other information and documents as may reasonably be requested by you, for the purposes of the performance of the Task and Services;
(c) provide to you all documents, information, items and materials required to perform the Promo codes and each Task;
CONTENT CREATOR’S OBLIGATIONS
20. You agree to:
(a) render the Services (the nature and content of which you acknowledge has been fully explained to you) in accordance with the relevant Task description as set out on the Platform and these terms and conditions;
(b) perform the Services for the Brands and Takefluence conscientiously and in a competent manner and to the highest level of skill, care and diligence and comply with all Takefluence’ and the Brands’s reasonable instructions in connection with this agreement promptly;
(c) ensure that the Services and particularly the Promotional Materials conform in all respects with the relevant Task description as set out on the Platform and these terms and conditions, and that the Deliverables shall be fit for purpose expressly or implicitly made know to you by Takefluence and the Brands;
(d) ensure all materials is original and is not copied, replicated or plagiarized in any way nor owned or licenced by any other person;
(e) not make any claims as to the properties, functionality or other qualities of the Services other than those authorized in the Social Media Guidelines;
(f) promptly pass on to Takefluence any complaints you receive about the Services or any questions or comments you receive in relation to the Services (including the Promotional Materials on the Resources);
(g) not make any pejorative statement relating to Takefluence, any of Takefluence’ other brands, the
Brands including the Brands services or goods, bloggers or staff, or the Services in public, online (including on social media), to the press or elsewhere;
(h) perform the Services solely in accordance with Takefluence’ Social Media Guidelines as can be;
(i) remove any and all posts over which it has control at the request of Takefluence as soon as practicably possible;
(j) ensure that their biography on all their social media accounts accurately reflects their association with Takefluence;
(k) keep Takefluence informed throughout the term of this agreement of their whereabouts, address, email address, telephone number and mobile telephone number at all times;
(l) inform Takefluence immediately of any criminal prosecution or other complaint brought against them after the date of this agreement and of any actual or likely press speculation or inquiry into them, their personal or business affairs, or publication in relation to such matters;
(m) inform Takefluence as promptly as reasonably practicable of any material developments or changes in your circumstances or activities which could reasonably be expected to adversely affect Takefluence’ use;
(n) not to use profanatory, pornographic, illegal, racist, discriminatory or otherwise offensive language or imagery in performance of the Services.
(o) that you are solely responsible for obtaining and holding the necessary up-to-date National Media Council or any other applicable licenses, permits or approvals that may be required by law to enable you to operate as an Content Creator and to create and post promotional online media content.
CONTENT CREATOR’S WARRANTIES AND INDEMNITY
21. You warrant, represent and undertake to Takefluence that:
(a) you have the legal capacity and are free contractually to enter into and to perform this agreement and have not entered and will not enter into any professional, legal or other commitment which would or might conflict with or prevent your doing so;
(b) you are 18 years of age or older and you agree to provide Takefluence with identification to confirm their age if required to do so by Takefluence;
(c) you do not have any unspent criminal convictions of any kind subsisting at the date of this agreement;
(g) you will not violate the rights and legitimate business interests of Takefluence, the Brands or any third parties when creating or performing the Task and Services,
(h) you will comply with all the requirements of tax and financial legislation established in the country of your tax residence, including promptly notifying the relevant services, declaring the income, and paying penalties, taxes, fines and other payments, as established by the laws of your residency;
CONTENT CREATOR’S DEFAULT
22. Any failure by you to comply with the terms and conditions of this agreement will relieve Takefluence from complying with its obligations under this agreement with effect from the date on which Takefluence notifies you of your failure and its effect on Takefluence.
23. Should you commit repeated minor violations or a single material violation of any term or condition of this Agreement, Takefluence has the right to cancel the Agreement without any prior notice to you and at its sole discretion add you to the Blocklist and revoke all accesses to the Platform.
CONFIDENTIALITY
24. Each party undertakes to use the commercial information of the other party, information about its business affairs and operations, trade secrets, know-how, and source code, or any information specifically marked as confidential, including all mentioned information of the other party’s counterparty or affiliate (hereinafter the “Confidential Information”) only for the performance of its rights and obligations hereunder. The parties undertake not to disclose Confidential Information.
25. The following information will not be considered confidential:
– the information which is or subsequently became publicly available without infringement of the Agreement by the receiving party;
– the information which was legally obtained from the Third Party without restriction and without violation of this Agreement, and also without the non-disclosure obligations of the receiving party;
– the information which cannot be attributed to Confidential Information in accordance with applicable law;
– the information which is required for transmission of data to government agencies as required by law, applicable to the regions of service delivery.
FINAL PROVISIONS
26. If certain provisions of these Terms become invalid in whole or in part, the validity of the remaining provisions shall not in any way be affected or impaired. The provision that has become invalid is considered replaced by the applicable provision under statutory law. If such replacement would constitute undue hardship, the Terms in whole become invalid.
27. The rights and obligations resulting from these Terms may be transferred to a third party only with the consent of Takefluence.
28. It is agreed that these Terms shall be governed by, construed, and enforced in accordance with the laws of UAE without regard to its conflict of laws, rules or principles. Any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of these Terms or arising therefrom or related thereto in any manner whatsoever, shall be settled by the Dubai Courts.