This Terms and Conditions of Use Agreement (“Agreement”) is made by and between SiggPay Inc. (“Company”) and you as a Client or Influencer (“you,” “your” or “User”).
This Agreement contains the complete terms and conditions that govern the use of the Company’s website (www.siggpay.com) (the “Site”) and mobile application (“siggpay App” and collectively with the Site, the “Services”).
By (a) applying, registering, or engaging to be an Influencer or Client, (b) using or accessing the Site or SiggPay App for any reason, (c) accepting any assignment and/or providing any services as an Influencer, or (d) engaging the Services to develop or distribute an advertising campaign as a Client, you agree that you have read, understand and agree to be bound by this Agreement and acknowledge that you have authority to enter into this Agreement.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PORTION OF THE SITE OR SiggPay APP. THE COMPANY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT COMPANY’S DISCRETION. CONTINUED USE OF ANY PART OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
This Agreement shall commence upon your acceptance of this Agreement and continue until terminated. This Agreement may be terminated at any time by us or you for any reason, provided, however, if
(a) you are an Influencer and terminate this Agreement after commencing any Influencer Project (as defined below) and before the completion of such Influencer Project, you forfeit any rights to any further compensation for that Influencer Project or
(b) you are a Client and terminate this Agreement after commencing any Campaign (as defined below), you shall be liable for all costs and fees incurred prior to termination of this Agreement.
(a) To access the Site, SiggPay App, Site resources, links or other content, or become an Influencer or Client, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide will be correct, current and complete. If Company believes the information you provide is not correct, current or complete, Company has the right to deny access to the Services, or to any of its resources and to terminate or suspend your access at any time.
(b) The Company reserves the right to monitor use of the Services to determine compliance with this agreement, as well as the right to edit, refuse to post or remove any information or materials, in whole or in part, at its sole discretion. The Company reserves the right to terminate your access to any or all communication services with respect to the Services at any time without notice for any reason whatsoever.
(c) You may use the Services only for the purposes expressly permitted by this Agreement. As a condition of your use of the Services, you warrant to Company that you will not use the Services for any purposes that is unlawful or prohibited by these terms, conditions
(d) You agree that you will not use the Site or SiggPay App in any manner that could in any way disable, overburden, damage or impair the Services or otherwise interfere with any other party’s use and enjoyment of the Services. You further agree that you will not obtain, or attempt to obtain, any materials, content or information by any means not expressly made available or provided for through authorized use of the Services.
(e) The Site may be hyperlinked to and by other websites, which are not maintained by, or related to, the Company. Hyperlinks to such sites are provided as a service to Users and are not sponsored by, endorsed or otherwise affiliated with this Site or the Company. The Company has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from the Services to another web page should be accessed at User’s own risk. The Company makes no representations or warranties about the content, completeness, quality or accuracy of any such website.
(g) Any passwords used for the Services are for individual use only. You will be responsible for the security of your password(s). From time to time, Company may require that you change your password. You are prohibited from using any services or facilities provided in connection with the Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your account details to system administrators at other websites and/or the authorities in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of this Agreement. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate this Agreement.
The Company provides marketing services to Clients by identifying, selecting and engaging Influencers to prepare and post or distribute client-related content on Influencer’s social media accounts (a “Campaign”). All Campaigns are submitted through the SiggPay App or the Site and are edited and prepared in accordance with instructions from the Client prior to posting or distribution by any Influencer. All Campaigns will be outlined in a statement of work between the Company and Client, which will include, without limitation, the scope of the project, the social media platforms to be utilized, the target audience, and pricing specifications for the Campaign. Each statement of work will be binding in accordance with its terms and will be incorporated into this Agreement. In the event of any conflict between this Agreement and an statement of work, the statement of work will govern.
The Company offers advertising assignments related to Campaigns (“Influencer Projects”) to registered Influencers through the SiggPay App or through the Site. Influencers to be utilized for Influencer Projects are selected by the Company and/or the respective Client. If you are selected as an Influencer, you will be given access to detailed information regarding the Influencer Project, including, without limitation, the subject matter, types of poses, platforms for distribution, the amounts and types of compensation that may be earned and other terms and conditions applicable to the Influencer Project. All such information is confidential and you will not disclose any of such information except as permitted by the Company and the Client. You will accept the terms and conditions of any Influencer Project you will acknowledge your acceptance through the SiggPay App or the Site and such terms and conditions will be binding an incorporated into this Agreement. You will abide by the parameters, specifications, terms and conditions set forth in any Influencer Project accepted by you, including, without limitation, required social media “tags” and disclosures and required content review and approval by the Company and Client before posting and distributing the content. The Company will have the sole discretion to accept or reject your submitted content and your content will not be posted or distributed without Company approval and may be removed at any time. The terms of an Influencer Project may be amended by the Company, in it its reasonable discretion, at any time after acceptance by an Influencer. In the event of any conflict between this Agreement and the terms and conditions of any Influencer Project, the terms and conditions of any Influencer Project will govern. By accepting any Influencer Project, you authorize the Company to share certain personal information with the respective Client, including, without limitation, your name, social media identification, contact information, rates and pricing to which you may have agreed and other biographical and demographic information. By acceptance of this Agreement, Influencers understand that they may never be selected to participate in an Influencer Project even if approved as an Influencer. Influencers will only be compensated for content that is accepted by the Company for posting and distribution in accordance with an Influencer Project, provided that the Influencer is otherwise in compliance with this Agreement and the Influencer Project requirements. To the extent you are entitled to payment pursuant to the terms of this Agreement or an Influencer Project, the Company will determine the method of payment and you agree to provide reasonable cooperation in facilitating the payment. For example, you may be requested to provide bank account and routing or ACH information. If you are entitled to payment of more than $600 in any one calendar year, you also agree to provide your tax identification number or social security number in order for the Company to provide you and the Internal Revenue Service with all required documentation of such payment amounts. All work done and compensation paid to you as an Influencer will be as an Independent Contractor in accordance with Section 11 of this
(a) Company. All content found on the Site and SiggPay App (the “Company Content”) is considered copyrighted and trademarked intellectual property of the Company, or of the party that created and/or licensed the Content to the Company. No rights or title to any of the Company Content shall be considered transferred or assigned to any User. You agree that you will not copy, distribute, republish, modify, create derivative works from or otherwise use the Company Content in any way, without the prior written consent of the Company, except that you may print out and/or save a copy of the Company Content for your personal use.
(b) Clients. By acceptance of this Agreement, and engaging the Company to run a Campaign, you hereby grant to the Company a perpetual, non-exclusive, worldwide, royalty-free license to use all intellectual property related to such Campaign, including, without limitation,
(i) Client’s trademarks that are reasonably associated with the subject matter of the Campaign;
(ii) Client’s domain names, website addresses, websites and URL’s; and
(iii) any trademarks created by the Company or by an Influencer on Client’s behalf as part of a Campaign. In addition, Client thereby grants to the Company and any Influencer engaged in an Influencer Project for Client, a perpetual, non-exclusive, royalty-free, non-transferable worldwide license to use Influencer Content (as defined below) solely for the use on materials promoting the Company’s or Influencer’s services and on social media or blog accounts owned by the Company or Influencer for which the Influencer Content was created.
(c) Influencers. In your performance of any Influencer Project you will create and post content related to the Influencer Project on your personal social media accounts (the “Influencer Content”). Influencer Content may include, without limitation, photographs, video, original artwork, text or other content or intellectual property that may be created and posted on social media accounts. You hereby acknowledge and agree that the Company is and shall be the sole owner of all right, title and interest in and to any and all Influencer Content. All Influencer Content shall be treated as work made for hire under the Copyright Act. To the extent that any Influencer Content is not deemed a work made for hire, you agree to and do hereby assign to the Company all of your present and future worldwide right, title and interest in and to all of the Influencer Content. You acknowledge and agree that you shall execute and deliver to the Company any instruments of transfer and take such other action that the Company may reasonably request, including, without limitation, executing and filing, at the Company’s expense, copyright applications, assignments and other documents required for the protection of the Company’s rights to such materials. As to any portion of the Influencer Content created after the execution of this Agreement, the assignment shall become effective immediately upon creation thereof, without need for further consideration or written agreement among the parties. You hereby represent and warrant that all Influencer Content will be an original work of you and that the Influencer Content will not infringe or misappropriate the intellectual property rights of any third party. For any Influencer Content you create, you retain a limited license solely to host such Influencer Content on your social media accounts. In addition, you acknowledge and agree that, with respect to any Campaign, the Client owns all right, title and interest in, to and under the Client’s trademarks and that Influencer shall not acquire any proprietary rights therein. Any use by the Company or Influencer of any Client IP shall inure to the benefit of such Client. Any offer to participate in an Influencer Project may set out specific Client IP that may be used in conducting an Influencer Project.
As an Influencer, and in the performance of any Influencer Project, you represent and warrant that you will comply with all of the following rules of conduct:
(a) Your social media posts related to an Influencer Project will comply with the specifications set forth in the offer to participate in an Influencer Project and any subsequent directions from the Company regarding the Influencer Project.
(b) You will not post anything on any social media account or on any other platform or media that has not been approved by the Company or is in any way disparaging either to the Company or any Client you are currently or have performed an Influencer Project for.
(c) You will not make any post on a social media account that contains any misstatements of law, falsehood, obscenity, severe profanity or is unlawful, obscene, defamatory, threatening, pornographic, bullying, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate.
(d) You will not contact any Client directly concerning any Influencer Project, and you must communicate exclusively through SiggPay App or the Site.
(e) You will comply with the requirements of the Section 8 (“Disclosure”) below and any related disclosure requirements of an Influencer Project.
The Federal Trade Commission requires any party that makes public written statements regarding a party that makes public written statements regarding a person, company or product and that receives consideration of any type from that person, company or product to properly disclose such relationship in such post. This means Influencers may be required to include the word “Advertisement,” or similar phrase or indication of the relationship between the Influencer and the Client in Campaign related social media posts. The disclosure requirements for any Influencer Project will be set forth in the offer to participate in an Influencer Project. Influencer hereby agrees to comply with these disclosure requirements and acknowledges that Influencer will be solely responsible for any failure to comply with the disclosure requirements.
The Company cannot and does not guarantee or warrant that files available for downloading from the Services will be free of viruses, works, Trojan horses or other code that may cause damage or harm to your computer(s), network(s) or other devices used to access the Services. You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s), network(s) and other devices used to access the Services, and that you will maintain adequate means of backup of your personal data, external to the Site. Company further disclaims any responsibility to ensure that the Content located on its Services is necessarily complete and up to date. The Company shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from
(i) any errors in or omissions from the Site, SiggPay App, any Influencer Project or Campaign or the providing of any of the foregoing to you,(ii) the unavailability or interruption of the Site or SiggPay App,
(iii) your use of the Site, SiggPay App, or participation in any Campaign or Influencer Project,
(iv) any violation by any other party of the agreement (including this Agreement) between the Company and such party, or
(v) the content contained on SiggPay App or related to a Campaign or Influencer Project
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICES OR CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
YOU AGREE TO INDEMNIFY AND HOLD COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THIS AGREEMENT BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THIS AGREEMENT. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THE SERVICES.
In the mutual performance of the parties duties and obligations under this Agreement and in any Campaign or Influencer Project, it is mutually understood and agreed that
(i) Influencer is and will be an independent contractor of the Company and the Client and
(ii) the Company is an will be an independent contractor of the Client. Nothing in this Agreement shall be construed as creating any partnership or joint venture between the Company and any Influencer, any Influencer and any Client or the Company and any Client. Additionally, no party, by acceptance of this Agreement, is authorized to act on behalf of or as an agent for any other party.
You may not assign your rights or interest in this Agreement or any Campaign or Influencer Project without the prior written consent of the Company. Any assignment without consent shall be deemed null and void. This Agreement and any Campaign or Influencer Project and all incorporated agreements and your information may be assigned by the Company.
If there is any dispute about or involving this Agreement or the Services, you agree that any dispute shall be governed by state laws in the United States, notwithstanding any principles of conflicts of law. You specifically consent to personal and exclusive jurisdiction by and venue in the state and federal courts of Hays County, Texas, in connection with any dispute between you and Company arising out of or involving this Agreement, or any Services.
(a) If any part of this Agreement is found by a court of competent jurisdiction to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
(b) You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or use of Company Services.
(d) The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Company must be in writing and signed by an authorized representative of the
(e) The section titles in the Agreement are for convenience only and have no legal or
(f) Please report any violations of this Agreement.