Last Update : 07-05-2020

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING INFLUENCE MARKETING AGREEMENT

Note:

"By using the services, you acknowledge and agree to be bound by this Agreement. If you don't agree with the terms of this Agreement, you are not authorized to use or access the services"

If you join as a influencer or brand, you acknowledge & agree to be fair with each other and Zovixo too. Any means of misinterpretation may lead to cancellation of term between influencer or brand.

1. Brands

1.1 - Representation & Warrenties:

1.1.1 - The Brand ensure that all information provided to Zovixo is complete accurate and keep Zovixo updated of all changes that may be relevant to the promotions or campaign.

1.1.2 - Brand ensure that its digital media and any advertising materials are suitable for use and do not compromise the reputation, brand, operations or goodwill of the Brand and do not contain violence, sexually explicit or pornographic content any statements that may be considered discriminatory with regards to race, religion, gender, nationality, disability, sexual orientation or age.

1.1.3 - Brand agrees to cooperate with the authorities in the event that it is necessary to disclose any information to the authorities.

1.2 - Intellectual Property & Data Protection:

1.2.1 - Zovixo owns all intellectual property rights (including but not limited to copyright, database rights, design rights and trade marks) in the platform and the services and your only right to use such rights is as set out in these Terms, any other use by you is prohibited.

1.2.2 - The ownership of intellectual property rights and all other rights in each content shall be as provided for in accordance with the campaign agreement.

1.2.3 - Brand grant us the right to use any content, material or branding stuffs provided or made available by brand, including but not limited to the content, campaign and your trade marks, logos and other branding as we require in relation to the provision of the services and in order to promote and market the platform or services such right to survive termination. You warrant that our use of such material shall not violented any intellectual property rights.

1.2.4 - Our privacy policy contains details of how we use the information we take from you or such other website address as may be notified to you from time to time and brand agrees to follow Zovixo privacy policy agreement.

1.3 - Confidentiality:

1.3.1- Brand agrees to keep secure and not to disclose to any information relating to us or any of the Content Creators which follow our confidentiality, including but not limited to details of our relationships with or knowledge of the Content Creators; details of our business methods, finances, prices or pricing strategy, marketing or development plans or strategies and any other information made available to you or any services which is considered confidential without our prior written.

1.3.2 - Brand shall not use the Confidential Information for any purpose other than to perform your obligations under the contract.

1.4 - Competition:

Once you signed the Contract with Zovixo for one year, you shall not attempt to engage (whether directly or indirectly) any content Creator that you have had contact with via the Platform, other than through us or the platform without our prior written content.

1.5 - Liability:

1.5.1 - Nothing in this terms excludes or limits our liability for death or personal injury arising or or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

1.5.2 - To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to this Contract or the Platform or the services, whether express or implied and the Platform and the Services are provided on an basis.

1.5.3- Zovixo shall not liable whether in contract, statutory duty, or otherwise for any loss of profits, reputation, business, goodwill, data, or for any special, indirect or consequential loss, costs or damages. This exclusion of liability shall apply to all such losses whether they are direct, indirect or consequential losses.

1.5.4 - If there is any dispute between brand and a content creator regarding a campaign agreement, we shall provide such assistance to you as we consider to be reasonable in the circumstances, but we will not be responsible for resolving or such dispute. Any such disputes must be taken up by the brand with the relevant content creator who is responsible for such matters.

1.5.5 - Any campaign commission is non-refundable.

1.6 - Terms & Termination:

1.6.1 - At the end of the contract term, the contract shall automatically renew for a term of the same duration as the Contract Term unless terminated.

1.6.2 - If the brand has not operated for a period of two consecutive months, Zovixo reserves the right, to deactivate the brand’s contract, by giving written notice.

1.6.3 - Brand's may enter into a contract review as agreed with Zovixo.

1.6.4 - If no agreement can be reached, then the Contract shall terminate at the end of that contract term.

1.6.5 - Brand agrees that, Zovixo has rights to suspend / terminate the Contract with immediate effect by giving written notice to the brand by following:

• - If brand fails to pay any due amount under this contract on the due date after notified by Zovixo.
• - On termination of the contract for any reason, the brand has to immediately pay to Zovixo all unpaid invoices in respect of services supplied
• - Zovixo shall submit an invoice, which shall be also payable.
• - Zovixo shall immediately cease use of the brand’s intellectual property rights, on it’s own and also the influencers and deactivate the contract.

1.7 - Payment Process:

Zovixo make it very easy & completed in 2 steps:

1st Step : Brand agrees that, once Zovixo has quoted the amount, brand has to give 50% amount in advance.

2nd Step : Once influencer send the draft of video (before final published) 50% will be given on that time.

1.8 - Refund & Cancellation:

1.8.1 - If brand wants to switch the work with other company after paying 50% amount, brand agrees that to cancellation of process they have 36 hrs to do so. After that no refundable will be made.

1.8.2 - After the final publish, if brand doesn't satisfy with the work & want refund of full amount, then Zovixo will not offer any refund of amount.

1.8.3 - If brand takes much time to give details & paying of 50% final amount, then Zovixo has right to hold work & once payment will be made then work will be final published.

1.9 - Invoicing:

Zovixo will give invoice, after 7 business days of final payment made by brand to Zovixo.

2. Influencer

The following terms and conditions and guidelines impose on the Influencer under which the Influencer, as an independent contractor, provides the services to the brands through Zovixo.

2.1 - Criteria for Influencers:

To become Influencer for Zovixo, the Influencer must qualify the following criteria during the term of this contract:

2.1.1 - Must be at least 16 years old.

2.1.2 - Must have an active and engaged social media profile.

2.2 - Terms of service:

The influencer agrees that:

2.2.1 - Before final uploading, Influencer has to send draft to Zovixo to get approval.

2.2.2 - Once the draft has been approved by Zovixo, the Influencer will publish the post to the agreed platforms (Defined with influencer on the time of Joining) without delay, but no later than 48 hours after the post being approved.

2.2.3 - The Influencer is not allowed to edit a post after Zovixo has approved the post.

2.2.4 - The Influencer is solely responsible for the publishing of the post.

2.2.5 - After a post is published, the Influencer will not publish any post where the effect of publishing such additional posts can reduce the credibility of the earlier post. Each post must stay on the top of your feed for minimum of 12 hours.

2.2.6 - Zovixo has the right at any time to update content of any post after publication and the Influencer will immediately make has to update that.

2.2.7 - Zovixo has the right at any time to request that the published post will be removed and the Influencer has to follow the guidelines of Zovixo between 2 - 3 hrs after official email send to influencer.

2.3 - Terms of Publishing Content:

2.3.1 - Influencer agrees that in order to publish post on social media, influencer complies with all applicable laws and regulations as well as industry self-regulation relating to influence marketing.

2.3.2 - Influencer follow all terms and conditions set by the Platform on which the post is published by the Influencer.

2.3.3 - Influencer is being paid by Zovixo. All posts should be transparent and labeled with appropriate disclosures, such as hastags (#). Influencers accepts to follow 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.

2.3.4 - Influencer ensures that video, content, images or other details which is related to post does not contain suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive, discriminatory, offensive, promotes aggressive, illegal behavior or sexually imagery.

2.3.5- Influencer must follow Privacy Policy and Terms and Conditions of Zovixo before sharing any details.

2.3.6 - During the term of this contract, the Influencer should not publish any posts for a company that can reasonably be regarded as a competitor for Zovixo or for sponsor or can cause brand goodwill or reputation.

2.3.7 - Influencer agrees that, if Zovixo or brand doesn't satisfy with his work. Zovixo and brand has rights to re-update the work (revision) and then submit the work. Revision time would be 3-4 times (as on satisfactory terms liable)

2.4 - Confidentials:

The Influencer make sure to secure the information and not to disclose to any person's information relating to Zovixo which including Zovixo business methods, finances, prices or pricing strategy, marketing or development plans or strategies and any other information made available to you if you violated the terms, then you agree that Zovixo has rights to take legal action against you.

2.5 - Limitations of Liability

2.5.1 - Zovixo shall never be liable to the Influencer or any third party for damages that arise from the content/image/vidoe of any post.

2.5.2 - Zovixo shall never be liable to the Influencer for any loss of profits, reputation, business, goodwill or for any consequential damages.

2.5.3 - Influencer is not allowed to claim related to any third-party intellectual property rights.

2.6 - Payment Process:

2.6.1 - Zovixo and the Influencer will agree on a payment that payment would be made after the publish on post.

2.6.2 - Zovixo will pay the Influencer on a monthly basis, based on the agreed Post fee (Which is described on contract between Zovixo & Influencer) and the number of approved and published posts.

2.6.3 - Zovixo won't pay any travel allowance or any other expenses made by influencer.

2.6.4 - The Influencer is responsible for the accuracy of the bank account or online payment credentials.

2.7 - Termination:

If Zovixo finds any violation of terms of use by influencer or If sponsored brand finds any misinterpretation of values delivered by influencer. Zovixo has the right to terminate the service without paying anything.

This agreement is between brand, influencer and Zovixo. By agreeing on this brand has to follow the instructions.

2.7.1 - Each order, submitted by the brand and accepted by Zovixo together with following terms shall constitute a contract between the brands. The contract shall come into existence on the date (or the later of the dates) when order has been accepted by both parties I.e Brand and Influencer.

2.7.2 - This contract frames the entire agreement between the brand and influencer. The brand acknowledges and agrees that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Zovixo which is not written in the contract.

2.7.3 - Any quotation given to the brand, by Zovixo, is only valid for a period of 15 business days from issue date.

2.7.4 - If the brand is represented by an advertising agency, a media buyer or other media or advertising company on behalf of the brand, then the brand agrees that its client is aware and has consented to the terms of this contract

2.7.5 - By entering into the contract you agree that it shall comply with all the Brand’s obligations under the contract

2.7.6 - The Brand acknowledges and agrees that Zovixo provides the services for the benefit of the brand, Unless otherwise agreed in the Insertion Order, the Brand shall, during the term of the contract, work exclusively with Zovixo and shall not engage or seek to engage with any competitor of Zovixo influence marketing.

For further details about influence marketing agreement terms can mail at agreement@zovixo.com