Terms & Conditions

     LAST UPDATED OCT 31, 2020.

HOUSE RULES  |  CONSUMER FIRST

Here at FAMEBOYANT we believe that all influencer posts should be transparent and put consumers first. Therefore, both influencers and brands need to ensure that no campaign or post is false or misleading and must disclose the fact that the influencer is being paid by the brand. FameBoyant expects that all users comply with all applicable Laws and industry self-regulation relating to influencer marketing. This means that all influencer marketing posts which are being facilitated through FameBoyant should be transparent and labeled with appropriate disclosures, such as #ad, #influencermarketing etc.  We expect influencers and brands to keep themselves up to speed with the latest best practice on how to label influencer marketing posts in a transparent way in order to make sure that consumers are clear about the commercial nature of the sponsored posts.

HOUSE RULES  |  BRAND

BE RESPONSIVE: Please appreciate the energy each Influencer has invested into their submission by responding to each one quickly. This will also prevent Influencers having a negative experience with your brand.

BE BRAVE: Resist the urge to micro-manage. Everything from bad grammar to shaky footage makes up a unique dialect an Influencer has crafted with their FameBoyant over thousands of posts. If you change the language, you’ll change the response.

BE OPEN: This platform is for Influencers, not celebrities. You may not recognize them, but rest assured their followers do. We believe accessing countless pockets of influence is far more meaningful than a large celebrity endorsement.

BE AWARE: Feel free to share an Influencer's post within the same social platform, however content cannot be used in any additional or other marketing material, nor should it be used outside of the original platform without getting their additional approval.

BE TRANSPARENT: Be aware of the need to be transparent when engaging with influencers, and the requirement to label influencer posts with #ad to tell consumers that it is a paid for post. 

HOUSE RULES  |  INFLUENCER

BE TRANSPARENT: 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 labeling your content with #ad or ADVERT in the title or thumbnail of your content.  Don’t try to hide the fact that it the content is paid for; both you and the brand will lose credibility if you do.

BE GENEROUS: Post must stay on the top of your feed for minimum 5 hours and on your platform for 30 days.

BE AUTHENTIC: If you wouldn't recommend the brand for free - don't recommend it for money.

BE GENUINE: 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 terminate your FameBoyant account.

BE MINDFUL: If you’re seen to be recommending competing brands in quick succession or over-populating your feed with sponsored posts, you’ll lose credibility with your account.

COLLECTION STATEMENT

FameBoyant collects personal information about you from our websites including www.fameboyant.com, any or our related websites, mobile applications (including the FameBoyant Influencer App) and social media pages (each a “Website”), and as provided by you by any other means, including either physically or electronically. We may also collect personal information from social media sites and from commercial data providers, referral agents and other data providers who obtained your personal information from third party sources 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 is lawful to do so. Personal information will not be collected from any person who we know to be under the age of eighteen (18) without the consent of a parent or legal guardian. If you are a business we trade with, personal information is collected in order to carry on our trading relationship with you, including but not limited to processing transactions, assessing your credit risk and issuing invoices. 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 (including the FameBoyant Influencer App), 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 provide you with newsletters (including electronic newsletters), respond to inquiries, maintain our relationship with you, provide 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 and to provide you with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. Our Websites may also collect and use passively collected anonymous or personal information, or personal information from various third party sources, and may combine this anonymous information or personal information with other personal information collected from you, to provide better service to Website users, customise Websites based on your preferences, to provide you with relevant advertising when you use our Websites or third party websites, to compile and analyse statistics and trends, and otherwise administer and improve our Websites for your use. For the purposes described above, your information may be shared with our group companies (and their directors, servants and agents), promotional partners, other Website users and other trusted third parties including service providers engaged by us to perform a variety of functions including legal and accounting services, data storage, fulfilling orders, processing payments, assisting with promotions and providing technical services. Such group companies and third parties may be located in India or overseas including Australia, New Zealand, the United States, Canada, the Philippines and the United Kingdom. Failure to provide personal information may result in us being unable to carry on our trading relationship with you or provide you with certain content, products or services.Our Privacy Policy contains information about how you can access and correct your personal information, how you can lodge a complaint regarding the handling of your personal information and how we will handle any complaint. You may contact our privacy officer with any queries via email: [email protected] or [email protected]

FameBoyant PLATFORM TERMS OF USE

INTRODUCTION

  1. The FameBoyant Platform is owned and operated by DMETify Pvt Ltd. Information about how to join and use the FameBoyant Platform forms part of these FameBoyant Platform Terms of Use (“Terms of Use”). By using the FameBoyant Platform, you agree to accept these Terms of Use and the House Rules.
  2. DMETify has created the FameBoyant 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 (Twitter, Instagram, YouTube, LinkedIn, TikTok, Moj, Facebook etc.) subject to compliance with these Terms of Use. In these Terms of Use, Brands and Influencers are collectively and individually referred to as “users” or “you” as the context requires.
  3. Your access to and use of the FameBoyant Platform is conditional upon your agreement to and acceptance of these Terms of Use. Each time you use the FameBoyant Platform, you agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, do not use the FameBoyant Platform.
  4. FameBoyant may at any time revise these Terms of Use by updating this page. Revisions will take immediate effect and may affect your ability to use the FameBoyant Platform. Since you are bound by these Terms of Use each time you use the FameBoyant Platform, you should check these Terms of Use for any revisions each time you use the FameBoyant Platform and wherever prompted to do so. Your use of the FameBoyant Platform following the posting of any revisions to these Terms of Use constitutes your acceptance of those revisions.
  5. FameBoyant reserves the right to change the FameBoyant Platform in any way by giving you notice to the email address you have registered with us to you. Even if you have an Account, your ability to access and use the FameBoyant Platform may be terminated at any time without notice to you. If you do not agree to these Terms of Use, you must immediately exit the FameBoyant Platform and, if you are using the Application, delete the Application from your device.
  6. Any costs associated with downloading, installing, accessing and using this Application, Campaign Builder, or any other element of the FameBoyant Platform remain your responsibility and are dependent on the service provider used.
  7. DMETify makes no representation that the FameBoyant Platform (or any element of the FameBoyant Platform) is appropriate or available for use in all locations.
  8. If you are the driver of a vehicle (or other form of transport), you must not use the FameBoyant Platform while the vehicle (or other form of transport) is moving or is stationary but not lawfully parked. You may only use the FameBoyant Platform when the vehicle is lawfully parked. You must comply with all applicable road rules and regulations before and while using the FameBoyant Platform. In the interests of safety at all other times, DMETify recommends that you only use the FameBoyant Platform when it is lawful and safe to do so.

USING THE FameBoyant PLATFORM

  1. The FameBoyant Platform allows Brands to create Influencer Marketing Campaigns and Content Only Campaigns, which are then shared with Influencers via the platform. Influencers using the Application/WebSite can respond to a Campaign by creating a Post or Paid Content and submitting it to FameBoyant Creative Team or relevant Brand for approval. Influencers earn compensation when:
    • In relation to Influencer Marketing Campaigns, a Brand approves a Post and the Post is published to the Influencer’s Community via his or her Channels, as selected; or
    • In relation to Content Only Campaigns, a Brand approves Paid Content and acquires rights to use that Content in accordance with a Rights Licence.

The relevant Brand is solely responsible for reviewing and approving all Paid Content and Posts that form part of their Campaign and for the payment of the applicable Post Fee or Paid Content Fee to Influencers, nor is FameBoyant liable in any way for the content of any Paid Content or Post. These Terms of Use shall apply to all transactions conducted through the FameBoyant Platform.

  1. Content is provided by the relevant Influencer or Brand, as applicable, and is not moderated, approved or endorsed by FameBoyant. Accordingly, no Content constitutes a representation by FameBoyant, nor does FameBoyant accept any liability for the legality, validity, accuracy or suitability of any content provided by Influencers or Brands. If you have a question or concern about Content, including your rights to reproduce it, you must make your own inquiries to FameBoyant directly, or if advised by FameBoyant, by contacting the relevant Influencer or Brand directly. You agree that FameBoyant is not responsible for, and does not endorse, any Content posted using the FameBoyant Platform. FameBoyant does not have any obligation to pre-moderate, monitor, edit or remove any Content. If your Content violates these Terms of Use, you bear legal responsibility for that Content.
  2. Influencers and Brands agree that they will not attempt to negotiate terms or payment with each other outside of the FameBoyant Platform. Without limiting any other rights or remedies available to FameBoyant, any attempt to circumvent the FameBoyant Platform may result in removal from the FameBoyant Platform at FameBoyant’s sole discretion. You may not remove any watermarks or copyright notices contained in any Content on the FameBoyant Platform.
  3. You must not:
    • decompile, reverse engineer, disassemble, convert or authorize any third party to decompile, reverse engineer, disassemble or otherwise convert any element of the FameBoyant Platform to a human perceivable form;
    • distribute or republish any element of the FameBoyant Platform in any way;
    • resell, rent, lease, licence or lend any element of the FameBoyant Platform;
    • defeat, disable or circumvent any security feature of the FameBoyant Platform;
    • transfer any element of the FameBoyant Platform to any third party;
    • use any data mining, robots or similar data gather or extraction methods;
    • register, subscribe or unsubscribe, or attempt to subscribe or unsubscribe, any party to any product or service if you are not expressly authorised by such party to do so; or
    • sell, licence, lease or in any way seek to commercialise any component of the FameBoyant Platform without specific written authorisation from FameBoyant.
  4. The FameBoyant Platform is designed for use by people aged 16 years and over. Users under the age of 16 years may only use the FameBoyant Platform with the consent of a parent or legal guardian. To use the FameBoyant Platform, you must be eligible to use the social media platforms (under the relevant platforms prevailing terms and conditions) upon which you intend to publish Posts.
  5. You are solely responsible for your interactions with other users of the FameBoyant Platform. You agree that FameBoyant is not responsible for the conduct of any user.
  6. You must not engage in crawling, scraping, caching or otherwise accessing any content on the FameBoyant Platform via automated means, except with FameBoyant’s written consent.
  7. Nothing in these Terms of Use is intended nor does create a partnership, agency, employment or fiduciary relationship between FameBoyant and any user.
  8. Subject to your compliance with these Terms of Use, you are granted a limited, non-exclusive, revocable and non-transferrable licence to access and use the FameBoyant Platform in the manner anticipated in these Terms of Use. Any costs associated with accessing and using the FameBoyant Platform generally remains your responsibility and is dependent on the service provider used. You are responsible for ensuring that your computer system or mobile device (as applicable) is compatible with the FameBoyant Platform and meets all relevant technical specifications necessary to obtain the benefit of the FameBoyant Platform.
  9. The FameBoyant Platform may contain links to other sites not maintained by FameBoyant (“Linked Sites”). FameBoyant is not responsible for the content of any Linked Sites, whether or not FameBoyant is affiliated with the Linked Sites. FameBoyant makes no claim or representation regarding, and accepts no responsibility, directly or indirectly, for the quality, nature or reliability of Linked Sites. Such Linked Sites are not under the control of FameBoyant and FameBoyant provides links to the Linked Sites only as a convenience to users of the FameBoyant Platform. The inclusion of a link to any Linked Site does not imply any affiliation with or endorsement by FameBoyant. You should review and applicable terms and policies (including privacy policies) of any Linked Site you visit.
  10. The FameBoyant Platform may also utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram). Your use of any social media platforms is subject to the particular social media platform's prevailing terms and conditions of use. By using any social media applications or features on the FameBoyant Platform, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You also acknowledge and consent to the FameBoyant Platform accessing information you may have shared with the particular social media platform and contacting you via the social media platform or via the information you have shared (for example, sending an email directly to you to the email address provided to the social media platform), in accordance with the permissions you have granted via the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications or features on the FameBoyant Platform. The FameBoyant Platform is in no way sponsored, endorsed or administered by, or associated with, any social media platform.

REGISTERING AN ACCOUNT

  1. In order to use the FameBoyant Platform, Influencers must register an account via the Website/Application in the manner required and as set out in these Terms of Use (“Influencer Account”) and Brands must register an account via WebSite/Application in the manner required and as set out in these Terms of Use (“Brand Account”).
  2. FameBoyant reserves the right to refuse or cancel registration of an Account for any reason in its sole discretion. Any decision of FameBoyant is final and no correspondence will be entered into.
  3. All information provided when registering an Account must be current, correct and complete. Incomplete, ineligible or incomprehensible Account registrations will not be valid. You must be logged in to your Account in the manner required each time you wish to use the FameBoyant Platform. You may never use another’s Account without their permission.
  4. You are responsible for maintaining the strict confidentiality of your Account details and for any activity under your Account. You agree to immediately notify FameBoyant of any unauthorised use of your Account or any other breach of security. It is your sole responsibility to control access to and use of your Account and to notify FameBoyant when you desire to cancel your Account. FameBoyant will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
  5. FameBoyant retains the right and absolute discretion to terminate your Account and/or access to the FameBoyant Platform (or any element thereof) if it believes that you are abusing or tampering with the FameBoyant Platform (or any element thereof) in any way, that you have breached these Terms of Use, or that you have engaged in any unlawful, unethical, unsportsmanlike or other misconduct calculated to jeopardise the proper administration of the FameBoyant Platform (or any element thereof). FameBoyant’s legal rights to recover damages or other compensation from such an offender are reserved.
  6. The use of any automated software or any other mechanical or electronic means allowing a member to create Accounts is prohibited. FameBoyant reserves the right to suspend or terminate your Account if it believes you are engaging in such activity.
  7. Users understand that in creating an Account they are providing their information to FameBoyant and not to any social media platform. Users of the FameBoyant Platform (whether Influencers or Brands) are solely responsible and liable for any Content or information they transmit to other users. To the extent permitted by law, each user of the FameBoyant Platform agrees to indemnify, defend and forever hold harmless, all social media platforms and their associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by the user in respect of their use of the FameBoyant Platform. Any questions, comments or complaints about the FameBoyant Platform must be directed to FameBoyant and not to any media or social media platforms. For the purposes of this provision, FameBoyant contracts on its own behalf and also on behalf of the social media platforms and, accordingly, may take action in that capacity to recover on behalf of the social media platforms where acts or omissions cause loss or damage to such social media platforms or to FameBoyant.

ADDITIONAL TERMS FOR INFLUENCERS

  1. Conditions 28-57 apply only to Influencers participating in the FameBoyant Platform.

Influencer Eligibility

  1. Any person over the age of 18 years, or over the age of 10 years with the written consent of a parent or legal guardian, may register an Influencer Account, but in order to participate in any Campaigns and earn compensation via the FameBoyant Platform, Influencer’s must meet the following minimum standards:
    • at least 5000 followers on the Influencer’s Channels;
    • Influencer’s Channels must be public (viewable by anyone); and
    • Influencer’s 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 of the Influencer’s Channels.
  2. If you do not meet the minimum standard in condition 28 above, you may not be able to participate in Campaigns or access the full functionality of the Application.

Further Terms for Influencer Account

  1. To register an Influencer Account, Influencer must log-in to the website or  Application with their Facebook account. In order to submit a Post via the Application, an Influencer must connect their Instagram account, Twitter account and/or Facebook Page in the manner required. By connecting your Facebook, Instagram or Twitter account, you are granting FameBoyant permission to publish Posts directly to your Channels in accordance with these Terms of Use.

Influencer Compensation

  1. In relation to Influencer Marketing Campaigns, once a Post has been approved by a Brand, you are required to publish the Post to your relevant Channel through the FameBoyant platform in the manner required within 48 hours of the Post being approved. You will not have an opportunity to edit a Post after a Brand has approved the Post. You agree you are solely responsible for the publication of Posts. FameBoyant merely provides a service allowing Brands to approve Posts before publication, but the publishing of Posts via the FameBoyant Platform remains your responsibility.
  2. In relation to Content Only Campaigns, once Paid Content has been approved by a Brand, you agree that you must not share the Paid Content on any channel other than those agreed for. 
  3. Before receiving any Payments, you will be asked to provide financial details including your nominated bank account or PayPal account details, whether or not you are registered for GST or VAT, your PAN details, Aadhar Card and any further required details. After an approved Post is published, or Paid Content is accepted by a Brand, you will be entitled to be paid the Post Fee or Paid Content Fee (plus GST, or VAT, if applicable to you), subject to your compliance with these Terms of Use and the House Rules. If you do not comply, you will not be paid. It is your responsibility to notify FameBoyant in the event that you are registered for and liable to pay GST or VAT as applicable, and to keep FameBoyant up to date with your registered GST and/or VAT details as applicable. FameBoyant will pay the Post Fee or Paid Content Fee (plus GST or VAT, if applicable to you) into your nominated bank account or PayPal account (as supplied by you via the Application in the manner required) on behalf of the Brand by Electronic Funds Transfer approximately 2 days after payment has been received from the Brand. FameBoyant will issue you with a recipient generated tax invoice for this purpose. No payments other than the Post Fee or Paid Content Fee (plus GST or VAT, if applicable to you) are payable in respect of each approved Post or Paid Content. You are responsible for the accuracy of your nominated bank account or PayPal account details.
  4. You acknowledge and agree that the relevant Brand, not FameBoyant, will be solely liable for Payment of the applicable Post Fee for the approved Post or Paid Content Fee for approved Paid Content. FameBoyant merely facilitates such Payment on behalf of the Brand and, while FameBoyant may remit payment to the Influencer directly to the account details provided by Influencer, under no circumstances does FameBoyant accept liability for Payment of the Post Fee or Paid Content Fee. You agree that you will not pursue any actions, legal or otherwise, against FameBoyant for any non-payment, and that this provision constitutes a bar to any such proceedings.

Terms for Participating in a Campaign

  1. Posts and Paid Content must adhere to the requirements contained in these Terms of Use, the House Rules and any additional requirements imposed by Brands as part of a Campaign and advised to Influencer at the time of submitting the Post for approval (Dos and Don’ts). Posts which do not comply with this condition may be removed from the FameBoyant Platform at FameBoyant’s absolute discretion.
  2. Influencers must clearly disclose in sponsored Posts their relationship with the Brand. FameBoyant requires that you make such disclosures in such a way so that it is clear to the ordinary consumer viewing your Channels that there is a commercial relationship between Influencer and the Brand. This may be achieved by tagging the post as “Sponsored Post by xyz Brand” and through the prominent use of hashtags such as #advertisement or #ad  or through other means suitable to your particular circumstances, Community and Channels. FameBoyant reserves the right, but is in no way obliged, to review and monitor the disclosure practices of all Influencers in relation to particular Posts or your Channels generally and to require greater levels of disclosure (at FameBoyant’s sole discretion) in particular Posts or across your Channels generally or, if you do not agree to the required levels of disclosure, to remove you from the FameBoyant Platform. Influencers in the USA should have regard to the Federal Trade Commission’s Endorsement Guides available at: https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking.
  3. Influencers must not misrepresent the size of their audience or their numbers of followers or engagement. Followers must be obtained organically and not through unethical or unsportsmanlike behavior such as (but not limited to), purchasing followers, likes or engagement.  In the event that FameBoyant suspects (in its sole discretion) that Influencers are not complying with the requirement for followers to be authentic and organically grown, FameBoyant reserves the right to remove Influencers from the FameBoyant Platform. 
  4. You warrant, in respect of each Post and all Paid Content you upload to the Application, submit to a Brand for approval, or publish to a Channel via the FameBoyant Platform, that:
    • you are aged over 18 years or over 11 years and have your parent or legal guardian’s consent;
    • for Influencers aged over 18 years, if your Post or Paid Content features children aged 18 or younger, that you are the parent or legal guardian of those children;
    • for Influencers aged 11 years to 18 years, that you have your parent or legal guardian's consent and that your Post or Paid Content does not feature other children aged below 18 years ;
    • you own the Intellectual Property Rights in the relevant Post and have the right, as applicable, to licence the Post to FameBoyant and the Brand in the manner set out in these Terms of Use or to sell the Paid Content to FameBoyant for use by FameBoyant, the Brand or any third party in the manner set out in these Terms of Use;
    • the relevant Post or Paid Content does not violate the privacy rights, contract rights or other rights (including Intellectual Property Rights) of any person, corporation or entity;
    • the relevant Post or Paid Content does not contain any misrepresentation or suggestion that you or any entity has the approval or sponsorship of any other entity which you or it does not have;
    • any and all opinions and views stated in the relevant Post or Paid Content are genuinely held by you;
    • and any and all statements in the relevant Post or Paid Content regarding your use and experience of the Brand or the Brand’s products or services are true and correct and representative of your opinion regardless of whether you are paid for such content or not, and fairly represent your use and experience and you will promptly notify FameBoyant if your opinion of the Brand changes from that which you have expressed to date;
    • the relevant Post or Paid Content does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
    • the relevant Post or Paid Content is original and does not contain materials that have been previously broadcast, streamed, published, posted onto any social media channel, or otherwise communicated to the public by you in any way and does not contain materials that have been used in previous marketing materials or promotions for any third party or which otherwise infringe the rights of any third party;
    • if the relevant Post or Paid Content includes any Third Party Material (including music or personality/talent rights), that all such Third Party Material and any associated licence terms or use limitations have been fully disclosed to FameBoyant and the Brand;
    • if you are a member of any guild, union or industrial organisation, you have not entered into any other agreement, arrangement or understanding which would or may prevent or limit you from adhering to these Terms of Use, performing your obligations or granting the rights and benefits set forth herein, or result in a conflict of interest;
    • if the relevant Post or Paid Content contains images or references to third parties or third party property, including music, that the third party (or third party property owner) has been informed and agrees in writing that such images, property or references may be included in the Post or Paid Content and used by FameBoyant, the Brand or any other third party in accordance with these Terms of Use without remuneration or compensation to the third party (or third party property owner) for the purpose of promoting FameBoyant, the Brand or any other third party in any media and in perpetuity and you do not need to obtain any licenses from any third party or pay royalties to any third party with respect to the Post or Paid Content; and
    • the use of the Post or Paid Content and the exercise of the Intellectual Property Rights in the relevant Post or Paid Content by the Brand and FameBoyant will not infringe any legal rights, copyright or other Intellectual Property Rights of any person or entity nor give rise to a liability to pay compensation.
  5. You acknowledge and agree that the Brand and FameBoyant has the right at any time to moderate any Post after publication to a Channel and that you will immediately make any reasonable modification or amendment requested by FameBoyant or the relevant Brand to the Post, subject to compliance with these Terms of Use and the House Rules. You also acknowledge and agree that if you post an incorrect Post, the Brand or FameBoyant may request that you post the correct approved Post and that you will immediately comply with such a request.
  6. You acknowledge and agree that the Brand and FameBoyant has the right at any time to request that you remove any approved Post from you Channels and that you will comply with such a request immediately upon receipt of notification, subject to Payment in full to you of the Post Fee in accordance with these Terms of Use.
  7. FameBoyant and the relevant Influencer and Brand acknowledge and agree that any necessary public relations announcements regarding the removal or modification of a Post, as the case may be, will be agreed by FameBoyant and the relevant Influencer and Brand before publication.

Influencer Marketing Campaigns - Rights in Posts

  1. All right, title and interest in all Intellectual Property Rights in Posts will remain or be vested in the Influencer. Nothing in these Influencer & Brand Terms of Use will be taken to constitute a transfer, assignment or grant of any ownership rights in the Posts to any other party, including FameBoyant or the Brand.
  2. In consideration of Payment of the Post Fee, the Influencer agrees to grant in respect of each and every Post:
    • to FameBoyant (and its agents) the right to edit and re-format the Post into such formats or versions for use by FameBoyant in such media as FameBoyant requires in accordance with this clause
    • to FameBoyant (and its agents):
      • a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence to use the Post for the purpose of marketing and promoting FameBoyant (and its products and services) in any manner, without further notification to or consent of the Influencer or any further compensation payable to the Influencer;
      • the right to use the Influencer’s Identity and performances in the Post and to communicate the Post to the public in all languages, in all media including but not limited to: all online paid media (including but not limited to digital banners); in all online owned media (including but not limited to the website of FameBoyant and internal communications of FameBoyant); in all social media (including but not limited to the social media channels of FameBoyant); and in any earned media or public relations activity published by a third party (including but not limited to print, digital and/or social media).
    • to the relevant Brand (and its agents):
      • the right to organically share, comment upon and organically re-post the relevant Post in the social media channel upon which the Post was published, for a period of thirty (30) days expiring at 11:59pm on the thirtieth day after the Post was first published; and
      • the right to use the Influencer’s Identity and performances in the Post and to communicate the post to the public in accordance with conditions 43(c)(i) above and in any earned media or public relations activity published by a third party (including but not limited to print, digital and/or social media).
  3. You acknowledge and agree that the relevant Brand will not be required to remove from its social media channels any Post or any comment, share or re-post of a Post after the period in condition 43(c)(i) has expired.
  4. As an Influencer, in respect of each Post, you consent to the relevant Brand and its successors, licensees, and assigns, and anyone authorised by them, changing, copying, adding to, taking from, adapting or translating, in any manner or context or doing any other act in respect of the Post notwithstanding that such conduct may infringe your moral rights or performer’s rights (or similar laws in any territory or jurisdiction) in the Post, and, to the extent possible, your grant a waiver of all moral rights and performer’s rights in each Post.

Content Only Campaigns - Rights in Paid Content

  1. Content Only Briefs give Influencer’s the opportunity to sell Content without the need to post the Content to their Channels.
  2. When you upload Paid Content in response to a Content Only Brief, you will be presented with FameBoyant’s Content Rights Terms document, which contains terms and conditions for the assignment of Paid Content to FameBoyant. You must agree to the Content Rights Terms document each time you submit Paid Content.
  3. You agree that all right, title and interest in all Intellectual Property Rights in Paid Content is absolutely and unconditionally assigned to FameBoyant on the terms and conditions stated in the Content Rights Terms document, upon payment to you of the Paid Content Fee. For the avoidance of doubt, the assignment of Intellectual Property Rights is only effective upon your Paid Content being accepted and FameBoyant making payment of the Paid Content Fee.
  4. You acknowledge and agree that upon payment of the Paid Content Fee the Paid Content and all Intellectual Property Rights subsisting in Paid Content irrevocably becomes the property of FameBoyant. This assignment is absolute, worldwide and for all uses and purposes including, without limitation the re-assignment of the Paid Content to any other person or entity (including a Brand), licensing the Paid Content to any other person or entity (including a Brand), the making of any modifications, enhancements, adaptations or versions of the Paid Content, creating derivative works, and including any releases of the Paid Content in any medium. You must, upon request by FameBoyant, execute all documents and perform all acts necessary to vest all intellectual property rights in the Paid Content in FameBoyant.
  5. Influencers acknowledge and agree that Paid Content must not be posted to their Channels or published in any other way under any circumstances, including re-posting or commenting upon the Content after it has been posted or shared by FameBoyant or a Brand. Upon payment of the Paid Content Fee, Paid Content becomes the property of FameBoyant, pursuant to the Content Rights Term document.
  6. By submitting Paid Content, Influencers grant to FameBoyant and its successors, licencees and assigns, to the maximum extent permitted by law, an unconditional and irrevocable waiver of all Moral Rights in the Paid Content, and genuine consent to FameBoyant and its successors, licencees and assigns, to use, deal, reproduce, publish, transmit, adapt, edit, change, modify or relocate the Paid Content, whether in whole or in part, and whether alone or in combination with any other materials, including where such acts involve an infringement of any Moral Rights subsisting in the Paid Content. For the purposes of this Agreement, Moral Rights means moral rights within the meaning of Part IX of the Copyright Act 1968 (Cth), and any analogous rights arising under statute or otherwise, anywhere in the world, and whether now in existence or arising in the future. 

Influencer Restraints

  1. As an Influencer, you agree that you will not:
    • delay posting your Post after the Brand has given its approval to your Post and you must publish your approved Post no later than 48 hours after receiving notification of the Brand’s app         roval (unless the Brand stipulates a different timeline);
    • for a period of five (5) hours after a Post is published, post, share, re-tweet or re-gram any other posts or content to that Channel where the effect of publishing such additional posts or content would be to reduce the prominence of the Post;
    • remove the Post from your Channels for a period of 30 days after the Post is published, expiring at 11:59pm on the thirtieth calendar day after the Post is published;
    • edit any approved Post before or after it has been published other than in accordance with these Terms of Use;
    • parody, disparage, give any adverse comment or make fun of the Brand or its products of services generally in any way;
    • create any contextual or surrounding posts or other material on a Channel that in any way detracts from, dilutes the effect of, or undermines a Post or the Brand or its products or services; 
    • grant any further rights in a Post to a Brand without the written permission of FameBoyant and appropriate fees being negotiated on a reasonable basis. FameBoyant will charge a reasonable service fee for negotiating any use extensions between you and a Brand; and
    • accept or attempt to negotiate with a Brand more than one Post per Post Fee.
  2. You acknowledge that the restrictions contained in the clause above are reasonable in scope and duration having regard to the interests of the Brand and FameBoyant and that these Terms of Use go no further than is reasonably necessary to protect the interests of the Brand and FameBoyant.

Influencer Relationship with FameBoyant and the Brand

  1. As an Influencer, you will at all times perform your obligations and provide Posts or Paid Content to FameBoyant and the Brand as an independent contractor and not in the capacity of an employee, partner or agent or in any other capacity. You agree that neither FameBoyant nor the Brand will be obliged to pay to you or recover from you any amount as a result of you being deemed to be an employee of either FameBoyant or the Brand, including in respect of annual leave, superannuation, withholding tax, income tax, workers compensation contributions or any similar payments or deductions.
  2. You agree that you must not at any time claim or assert that any portrayal, representation, impersonation or depiction of you in the Posts constitutes a violation of any of your rights, including any right of privacy, publicity, false light or a right to bring proceedings for defamation, whether such portrayal, representation, impersonation, depiction or exploitation is by the Brand, FameBoyant or any their respective successors or licensees. You hereby release the Brand, FameBoyant and their respective agents, employees, successors and licensees, from any and all claims by you or under your authority arising out of or in connection with any portrayal, representation, impersonation or depiction of you under these Terms of Use.
  3. You acknowledge that FameBoyant has not made any guarantees in respect of the success of a Post or that a Post will be approved by a Brand or in respect of your business or commercial performance or otherwise.
  4. You agree that you (and your agents) will not negotiate terms or payment from Brands outside the FameBoyant Platform. Any attempt to circumvent the FameBoyant Platform may result in the removal of you from the FameBoyant Platform in FameBoyant’s sole discretion.

ADDITIONAL TERMS FOR BRANDS

  1. Conditions 58-95 apply only to Brands participating in the FameBoyant Platform.
  2. These Terms of Use are not intended to alter the terms or conditions of any specific Rights Licence (including any content Licence agreement) you may have with FameBoyant, its subsidiaries or affiliates, and to the extent of any conflict, the terms of your Rights Licence (including any content Licence agreement) will prevail. These Terms of Use and any Rights Licence form a legal agreement between you (or the employer or entity on whose behalf you are entering into this agreement) and FameBoyant.

Further Terms for Brand Accounts

  1. To register a Brand Account, you must access Campaign Builder and log in in the manner required, including providing your full name, email address, telephone number and password, and selecting your preferred payment method (invoice or credit card) and providing payment details where requested. You will not be charged to create a Brand Account. You will only ever be charged when you approve a Post. If you are using the FameBoyant Platform on behalf of a Brand, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf.
  2. FameBoyant may, at its sole discretion, implement a minimum spend for Brand Accounts. You will be notified in writing of any such minimum spend.
  3. Brands are able to create two types of Campaigns using Campaign Builder: Influencer Marketing Campaigns and Content Only Campaigns.
  4. Brand agrees to grant in respect of all Content uploaded to the FameBoyant Platform as part of a Campaign:
    • to grant to FameBoyant (and its agents), a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence to use the Content for the purpose of marketing and promoting FameBoyant (and its products and services) in any manner, without further notification to or consent of the Brand or any compensation payable to the Brand; and
    • with respect to Influencer Marketing Campaigns, to grant to the relevant Influencer, a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence to post, share, comment upon and re-post the relevant Content across their Channels as part of any approved Post in accordance with these Terms of Use and the House Rules.
  5. With respect to Influencer Marketing Campaigns, Brand acknowledges and agrees that the Brand's use of any Post is strictly conditional upon payment of the Post Fees and then only in accordance with these Terms of Use.
  6. With respect to Content Only Campaigns, Brand acknowledges and agrees that the Brand’s use of any Paid Content is strictly conditional upon payment of the Paid Content Fee, and then only in accordance with these Terms of Use and the Rights Licence selected by the Brand via Campaign Builder (including any specific content Licence agreement entered into with respect to particular Paid Content).
  7. FameBoyant has the right to cancel, suspend, restrict services to and/or terminate a Brand’s account if FameBoyant believes (in its sole discretion) that the Brand is not using the FameBoyant Platform in a fair and reasonable way, or are attempting to use the FameBoyant Platform in a way which does not treat the Influencers or the FameBoyant Platform in a fair and reasonable way and/or in accordance with the purposes for which the FameBoyant Platform were intended.

Payment Terms for Brands

  1. You agree to pay FameBoyant all fees and charges made to your Brand Account for agreed Post Fees and Paid Content Fee and use of the FameBoyant Platform, in accordance with these Terms of Use.
  2. You must pay all charges in the manner set out in Campaign Builder or as otherwise advised by FameBoyant in writing from time to time. If no manner for payment is stated, the payment must be made by credit card /debit card/net banking using a provider authorised by FameBoyant. FameBoyant reserves the right to charge a credit card surcharge.
  3. Brands and Media Agencies may request that FameBoyant issue an invoice for fees and charges expected to be incurred by the Brand or Media Agency during the course of a Campaign (“Invoice”), prior to the commencement of the Campaign.
  4. FameBoyant reserves the right to refuse any Invoice request in its sole discretion.
  5. In the event that a Brand or Media Agency requests an Invoice and FameBoyant approves the Brand or Media Agency to pay by Invoice, a minimum Invoice amount of INR 25,000 (excluding GST), will apply, unless otherwise approved in writing by FameBoyant. 
  6. Where no terms of payment are stated on an Invoice or otherwise agreed with FameBoyant in writing, the following standard payment terms apply:
    • 14 days from date of invoice for approved Brands and Agencies. 
  7. Where a Brand or Media Agency is approved to pay by Invoice, the Brand or Media Agency must provide FameBoyant with a purchase order or insertion order (or similar) approving the fees and charges to be included on the Invoice and including a purchase order or insertion order number. FameBoyant may, in its sole discretion, accept written confirmation (including via email) approving an invoice in lieu of a purchase order or insertion order being provided.
  8. Fees and charges paid to FameBoyant pursuant to an Invoice will be allocated to the relevant Campaign as credit for use in that Campaign (“Credit”).
  9. Payment of all Invoices is due in accordance with these Terms of Use.
  10. Where FameBoyant approves a Brand or Media Agency to pay by Invoice, the Brand or Media Agency irrevocably authorizes FameBoyant, its employees, servants and agents to make such enquiries as FameBoyant deems necessary to investigate the Brand or Media Agency’s credit worthiness, including, without limitation, making inquiries from referees, banks or any other credit providers (“Information Sources”), and the Brand or Media Agency hereby authorizes such Information Sources to disclose to FameBoyant, its employees, servants and agents, all information requested by FameBoyant for the purpose of assessing your credit worthiness. Any terms of credit offered by FameBoyant, including where FameBoyant approves payment by Invoice, may be varied by FameBoyant in its sole discretion and advised to you in writing.
  11. Media Agencies using the FameBoyant Platform acknowledge and agree FameBoyant is a cost of good and is non-commissionable. No agency rebates will be given.
  12. When you approve a Post or Paid Content, you undertake that you are an authorised user of the card or account (as applicable) nominated on your Brand Account and to pay the applicable charges, that the card details provided are current, correct and complete and that your nominated card or account (as applicable) will cover the full amount of the charges. You must not pay, or attempt to pay, any charges through any fraudulent or unlawful means. Upon receiving your Campaign (including your Campaign Budget), we may carry out a standard pre-authorisation check of your nominated card or account (as applicable) to verify the details provided and to ensure there are sufficient funds to fulfil the Campaign Budget. The relevant Campaign may not be shared with Influencers via the Application until this pre-authorisation check has been completed.
  13. In relation to Influencer Marketing Campaigns upon an Influencer publishing an approved Post, you authorise us to debit the Brand Fee that is payable for the Post from your nominated card or account (as applicable) in order to pay the charges. You must pay all charges in full strictly within 7 days or as otherwise advised by us in writing from time to time. If no timeframe for payment is stated, the payment must be received by us no later than 7 days from the date of the corresponding tax invoice for those Posts.
  14. In relation to Content Only Campaigns, upon an Influencer submitting Paid Content, you authorize us to debit the applicable Rights Fee that is payable for the Paid Content from your nominated card or account (as applicable) in order to pay the charges. You must pay all charges in full strictly within 7 days or as otherwise advised by us in writing from time to time. If no timeframe for payment is stated, the payment must be received by us no later than 7 days from the date of the corresponding tax invoice for the applicable Paid Content. The applicable Rights Fee will depend on the nature of the Rights Licence you select at the time of selecting and approving the Paid Content.
  15. If you fail to pay any charges or we are unable to successfully process your payment of any charges within the timeframe required (as applicable), we reserve the right to charge a late payment fee calculated at a rate of ten percent (10%) per annum but no less than $10.00 per month. This amount represents a genuine and reasonable estimate of such costs and expenses associated with managing and processing late payments. We also reserve the right to withdraw credit facilities (where applicable) at any time or to remove your access to the FameBoyant Platform. Without limiting our rights, in the event you fail to pay any charges within the timeframe and in the manner required, we reserve the right to suspend or terminate your access to the FameBoyant Platform or to suspend or terminate any current Campaigns.
  16. Brand acknowledges and agrees that it may not offer a product, service or other non-monetary arrangement to an Influencer as partial or full payment by a Brand for an Influencer’s Post or Paid Content.
  17. If FameBoyant is required to collect indirect taxes (such as sales tax, value-added tax, withholding tax, etc.) under the laws of your state or country of residence, you shall be liable for payment of any such indirect tax. You may be required to self-assess such taxes under the applicable laws of your country or residence.

Terms for Campaigns

  1. FameBoyant in its sole discretion reserves the right to reject Campaigns that do not comply with these Terms of Use.
  2. You agree that you will not negotiate terms or payment to Influencers outside the FameBoyant Platform. Any attempt to circumvent the FameBoyant Platform may result in the removal of the Brand from the FameBoyant Platform in FameBoyant’s sole discretion. Each Post shall have a Post Fee and all Paid Content shall have a Paid Content Fee, and Brands and Influencers may not circumvent the Post Fee or Paid Content Fee by negotiating or attempting to negotiate multiple Posts or Paid Content for Post Fees or Paid content Fees.
  3. You must not attempt to instruct, coerce or manipulate Influencer to hide the commercial relationship between the Advertiser and the Influencer. Such attempts may result in Brand being immediately removed from the FameBoyant Platform.
  4. You acknowledge and agree that your right to use a Post is strictly limited in accordance with clause 43(c)(i) above. For the avoidance of doubt, you must not use a Post in any form of paid, sponsored or promoted advertising, including within the social media channel upon which the Post was published (for example, via Facebook Power Editor). If you wish to use a Post other than in accordance with clause 43(c)(i), you must contact FameBoyant directly at the contact details set out in these Terms of Use. Additional fees may apply.
  5. You acknowledge and agree that your right to use Paid Content is strictly limited in accordance with the Rights Licence selected via the FameBoyant Platform. For the avoidance of doubt, you must not use Paid Content other than in accordance with the Rights Licence terms as you select at the time of selecting and approving the Paid Content. If the Brand fails to pay the Rights Fee in accordance with these Terms of Use or as otherwise agreed by FameBoyant in writing, the Rights Licence is automatically terminated and the Brand must immediately cease use of the applicable Paid Content.
  6. If you wish to use Paid Content other than in accordance with the Rights Licence you select, you must contact FameBoyant directly at the contact details set out in these Terms of Use. Additional fees may apply.
  7. You warrant that:
    • you own the Intellectual Property Rights in Content you upload to the FameBoyant Platform and have the right to licence the Content to FameBoyant and Influencers in the manner set out in these Terms of Use; or
    • you have the right to licence the Content to FameBoyant and Influencers in the manner set out in these Terms of Use; and
    • you will not encourage or facilitate any misrepresentation or suggestion that the Brand or any entity has the approval or sponsorship of any other entity which the Brand or entity does not have;
    • any Content you upload to the FameBoyant Platform does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive; and
    • where the Paid Content or Posts include Third Party Material, you will strictly comply with any use limitations notified to you in respect of the Third Party Material and will obtain all licences required for your intended use of the Post or Paid Content prior to use of such Post or Paid Content, including obtaining any licences required with respect to Third Party Material.
  8. In the event an Influencer meets the requirements outlined in a Campaign and you approve the Post or Paid Content, you will not deny Payment to FameBoyant for the Post or Paid Content. FameBoyant will make payment of the Post Fee or Paid Content to the Influencer 48 hours after receiving Payment of the Brand Fee from you, unless the Influencer has otherwise breached these Terms of Use or the House Rules. FameBoyant is not responsible for identifying any breach of these Terms of Use or the House