TERMS OF USE AND CONDITIONS FOR INFLUENCER (“PETSFLUENCER or PETFLUENCER”)
Preamble
PETSFLUENCE®, VAT BE0776794905, Business Address; Pelikaanstraat 34 , 8830 Hooglede, Belgium (hereinafter “Petsfluence.com” or “Petsfluence”) operates an online platform (hereinafter “Portal”) for companies (hereinafter “Brands”) and corporate influencers/customers (hereinafter “Petsfluencer”) under the Internet address https://www.petsfluence.com, on which brands can contact Petsfluence.com for advertising campaigns or any advertising needs or assistance after appropriate registration. The portal serves the purpose of bringing together Petsfluencers and Brands successful on social media platforms (such as YouTube, Instagram, Facebook, Tiktok, Twitter, blogs etc. – hereinafter “platform”) as Brand companies for the purpose of producing Petsfluencer content and related communication. Petsfluence.com also takes over the collection of the fees for the Petfsluencer(s) and pay them out on own behalf. Petsfluence.com works with brands in advise and help in any advertising needs like social media management, copywriting and more.
1 General information
Petsfluence.com operates the portal on which Petsfluencer(s) can apply for campaigns of Brands after appropriate registration in order to support the Brands in increasing the reach of campaigns by publishing targeted content (“Petsfluencer content”) on platforms. Petsfluencer(s) must be entrepreneurs of full age within the meaning of § 14 BGB. The Petsfluencer(s) confirms with the registration that he is an adult. Excluded from use are Petsfluencers that increase or subsequently increase their range through purchased, fraudulent or otherwise abusive increased followers, likes, comments and other overall engagement. In case of an offence the Petsfluencer is excluded from the use of the portal.
The terms of use contain the exclusively valid conditions for registration and use of the portal between the Petsfluencer, the Brand and Petsfluence.eu. Differing, conflicting or supplementary general terms and conditions of the Petsfluencer only become part of the contract if and insofar as Petsfluence.eu has expressly agreed to their validity.
Through the mediation of the Petsfluencer to Brands by Petsfluence.eu, a relevant provision of the portal and a production of the Petfluencer contents no connection of the parties under company law comes about.
Petsfluence.com offers a regular newsletter, which should inform the Petsfluencer about new possibilities and own offers on the portal. If the Petsfluencer declares by ticking the checkbox that he wishes to receive the newsletter and clicks the link in the confirmation e-mail, the Petsfluencer will receive the newsletter regularly sent to the e-mail address given by him during registration. The Petfluencer can revoke the consent at any time, e.g. with the link listed in every newsletter for cancellation or by e-mail to contact@petsfluence.com or by clicking on the “unsubscribe link” in the newsletter.
2 Registration and use of the portal
The contract between the Petsfluencer and Petsfluence.com is concluded by filling out their account details (entering the user data) and the confirmation e-mail with confirmation code from Petsfluence.com to the e-mail address provided by the Petsfluencer. By doing this the Petsfluencer bindingly acknowledges the validity of these terms of use within the scope of the registration process.
A claim to participation, registration or activation does not exist.
All information of the Petsfluencer must be true. Only one user account can be registered for each Petsfluencer.
Reasonable changes of these terms of use will be communicated to the Petsfluencer in text form, i.e. in writing, by fax, by e-mail. If the Petsfluencer does not object to these changes within six weeks after receipt of the notification, the changes are considered accepted.
The Petsfluencer has to take care that his user account can be used exclusively by him and will take the appropriate precautions for the secrecy of the respective passwords for this purpose and will not pass the passwords on to third parties. The Petsfluencer is obligated to inform Petsfluence.com immediately if it becomes known to him that his access data are used unauthorized or this use is possible by an unauthorized acquisition of the access data.
When using the portal the Petsfluencer is obliged to follow the applicable laws, portal and platform regulations. It is the Petfluencer own responsibility to ensure that the Petsfluencer contents are lawful and that no rights of third parties (copyright, trademark law, competition law etc.) are violated. The Petfluencer commits himself not to spread unauthorized advertising, spam or inapplicable warnings of viruses, malfunctions and the like or to ask for participation in lotteries, snowball systems, chain letters, pyramid games and similar actions.
The Petsfluencer is not entitled to advertise outside of the portal or to carry out these projects at briefings which he has learned about by using the portal.
For the publication of the Petsfluencer contents the regulations of the respective platform apply.
In case of violation of the regulations of these terms and conditions of Petsfluence.com and/or the respective platform conditions, the Petsfluencer can be excluded from the use of Petsfluence.com with immediate effect and risks that petsfluence can invoice the total costs of the campaign, what is price of product(s) sent + shipping costs + the petsfluence service fee + all the costs included the legal costs to retrieve the campaign costs and extra administration costs for our clients as wel as for petsfluence.com. There will always be a minimim administration costs charged of 40 euro the moment this process has to be started + all legal late fee costs if invoices are not being paid. The petsfluencer agrees to pay ALL costs needed to retrieve these campaign costs.
-Every e-mail or filled in form with or on Petsfluence.com or on one of thirth parties implented by Petsfluence.com is seen as a extention of a contract between Petsfluencer, Brand and Petsfluence.com everything writed in an e-mail or form, or even online agreement through any of Petsfluence.com official social media accounts, or any other contact through any way contact is taken by petsfluence filled in by the Petsfluencer is hereby legally binding.
3 Project procedure
After successful registration the Petsfluencer will be able to sign in on a deal through e-mail or by filling in a form provided or displayed by Petsfluence.com. The Petsfluencer will follow the following rules of the campaign details but also the rules of our platform.
-You must own, have administrative privileges, or have proper publicist relations on behalf of the account/influencer for whom you are providing services.
-You can NOT modify, change or otherwise edit the caption and media attachment of the shoutout order provided by petsfluence.eu.
-Products ALWAYS need to be displayed from the front of the product. Brand name and product need to be clearly visable at all times in any content made.
-Petsfluence ALWAYS has the right to let the petsfluencer know that the content provided is not accepted and therefor need to be reposted.
-Any preferences in content by the brand need to be followed. This means you always need to post content in how the brand likes to see their product being advertised.
-You must take screenshots of every shoutout, and upload and send them to Petsfluence.com.
-Compensation for published PAID shoutouts will only be credited if the campaign is completed (after proof is sent of publication and insights) Petsfluence.com payments to the Petsfluencer will be done within the 10th weekday after the 1st workday of the new month after the proof and insights are provided to Petsfluence.com before the last workday of the runningn month. Although Petsfluence.com will try to pay out much faster this is not the norm, and is granted to pay later if needed for any reason petsfluence sees fit.
-You can NOT publish shoutouts on a different time frame that is asked in a campaign.
-You can NOT delete your promoted post. You are only allowed to archive your promoted post if this is written in your campaign details, never delete a post to make it possible for brands or Petsfluence.com to ask metrics up on a later date.
Any content posted is always permanent unless stated otherwise.
-If you fail to upload screenshots in paid shoutouts your payment will not be processed until proof of publication and insights is provided by you and verified by Petsfluence.com.
If you fail to provide Petsfluence.com screenshots within 72 hours of the end date of publication and insights of the completed shoutout or tasks, Petsfluence.com reserves the right to ask you to complete the tasks, redo the shoutout or decline to pay you if you completely fail in providing proof of publication and insights. On top of that Petsfluence.com can invoice the petsfluencer for all costs made by our own clients and our service fee + all legal costs made to retrieve the costs made in your campaign.
-Permanent shoutouts are required to stay on your social media account for the lifetime of your account. If permanent shoutouts are removed from your social media account, you will be subject to removal from Petsfluence.com.
-If delays or problems occur in the production of the Petsfluencer contents, the Petsfluencer must inform Petsfluence.com immediately! This by email to contact@petsfluence.com, after being informed by the Petsfluencer, the Brand can decide at its own discretion whether a delayed publication is still of interest, especially because of possible ties to campaigns and their timing. Unless otherwise agreed in the briefing, the publication date is always a fixed date. It is therefore regulated and agreed that in the case of a notified delay no grace period has to be set in order to withdraw from the contract. By applying to any deal and not following the rules that are given in your campaign email/contract the petsfluencer agree with paying any costs the brand and petsfluence.com made in the particular deal/advertising back to petsfluence.com. All costs extra to retreive these costs made are also for the petsfluencer.
-You are not allowed to solicit Advertisers outside of Petsfluence.com regarding payments or products given. All payments and communication are/is handled by Petsfluence.com.
-Petsfluencer(s) who engage with Advertisers and Brand(s) outside of the Petsfluence.com. Platform are liable to Petsfluence.com for fees that would otherwise be due to Petsfluence.com.
After completion of the project, for the visualization of the success and for good performance of the Petsfluencer, Petsfluence.eu might provide the Brand with selected comments from followers and viewers of the Petsfluencer. The right of the Petsfluencer to demand that only certain comments are given to the Brand does not exist. Petsfluence.eu decides which comments are passed on at its own discretion.
The Brand has the right to ask to stop the production of a Petsfluencer content at any time. Even after the publication of the Petsfluencer content. The Brand will always ask this to Petsfluence.com who will carry it out if after Petsfluence.com revieuwed and agreed on the question for removal. The Brand is not allowed to ask you this directly. You can only remove your content when Petsfluence.com or an agent on the social media of Petfluence.com contacts you to do so.
4 Compensation
The mere registration is free of charge for the Petsfluencer.
For producing in paid collaborations the Petsfluencer contents at the agreed completion date and the advertising value the Petsfluencer receives the agreed compensation within the 10th workday of the new month if the compensation request is sent to petsfluence.com before the last workday of the running month.
All prices are net prices in Euro and apply plus the legal value added tax as far as applicable.
In free products the Petsfluencer is compensated for the completion of the agreed content and publication of the asked tasks by Petsfuence.com in a campaign by a product or service given to them.
The Petsfluencer does not receive any remuneration if his Petsfluencer content violates the contractually agreed contents, especially with the use of purchased like or
follower. In the event of a dispute about the existence or a contractual violation, the right to make a decision in this regard is vested in the Brand, and the decision may be reviewed by a court of law.
5 Rights, data protection regulations
The personal data deposited by the Petsfluencer or management will be used within the scope of the data protection declaration issued by the Petsfluencer and in accordance with the legal regulations of the data protection law, in particular those of the Federal Data Protection Act (BDSG), the Basic Data Protection Regulation (DSGVO) and the Telemedia Act (TMG).
All contents of the portal (texts, pictures, graphics etc.) including all software components of the portal, especially the database, are protected by copyright and other protective laws. It is prohibited to reproduce, copy, change and/or edit the portal or parts thereof.
The Petsfluencer grants Petsfluence.com the right that Petfluence.com might advertise the successful project, content included, on the portal or it’s social media and also publishes, processes and uses the company or Petsfluencer social media name as well as project details of the Petsfluencer. This includes that the Petsfluencer gives Petsfluence.com the full right to use the content for promotional usage for Petsfluence.com and limited rights for Brand who you worked with. In resharing your content the Brand only can use your content to reshare it on their own website and social media. The Brand or Petsfluence.com can use your content for promotional needs on their website and social media and in their website branding. The Brand with who you did a campaign with does not own any copyrights. Petsfluence.com will not own the full copyrights but you give petsfluence.com the co-copyrights by using the platform as such so petsfluence is licenced to use/reshare your content made for your campaign in co-copyright. Petsfluence.com owns the right to act as your representative towards brand or any other party, in case of copyright infringements petsfluence.com owns the rights to claim copyrights infringements in your name and mediate between you and the brand to obtain full copyrights for the brand. Any copyright claim towards Petsfluence.com or the Brand can therefore not be carried out by petsfluencer but has to be done by petsfluence.com. Any costs in copyright claims or damage that follow out of it will be for the Petsfluencer. Brands or Petsfluence.com will be able to go to court and any costs in this will be covered by the Petsfluencer or Brand. If the brand is sharing your content on social media they must credit you (platform account name) in their reshare, on website and social media advertising they do not have to give credits.
6 Liability
Petsfluence.com is entitled to carry out maintenance and care work on the portal and will try to keep disturbances of the accessibility and usability of the portal as low as possible.
Petsfluence.com is only liable for damages other than those caused by injury to life, body and health if they are based on intentional or grossly negligent action or on culpable violation of a fundamental contractual obligation (so-called “cardinal obligation”, i.e. an obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely) by Petsfluence.com or its vicarious agents.
Any further liability for damages is excluded. In particular, compensation for lost profit, indirect damages as well as other financial losses in case of simple negligence is excluded. The provisions of the Product Liability Act shall remain unaffected; furthermore, liability for fraudulent concealment of a defect, for an expressly guaranteed quality and for personal injury shall remain unrestricted.
As far as Petsfluence.com negligently violates an essential contractual obligation, the obligation to pay compensation is limited to the typically foreseeable damage, in any case, however, to the maximum amount of 500,- EUR.
Petsfluence.com is not liable for the loss of data, if the damage would not have occurred in the area of responsibility of the Petsfluencer in case of proper data back-up. A proper data back-up is to be assumed if the Petsfluencer verifiably backs up the data stock at least daily in machine-readable form and thus guarantees that these data can be restored with reasonable effort. The liability of Petsfluence.com for the loss of data is limited to the typical recovery effort that would have occurred with proper data back-up.
The Petsfluencer is obligated not to use any contents and means in the production of Petsfluencer contents, offers and briefings which are punishable by law or otherwise violate legal regulations; this includes in particular pornographic, seditionary, copyright infringing, competition infringing, immoral, insulting or extremist contents. In addition, the Petsfluencer will adhere to the relevant and valid regulations of the respective platform – in particular community guidelines, technical guidelines and the advertising guidelines as well as the principles of the state media authorities for proper advertising, especially appropriate labelling – when producing the Petsfluencer contents, offers and briefings in question. This also includes that the Petsfluencer may not artificially increase his range or the range of his contributions by buying followers or likes, by fraudulent or otherwise abusive or unfair acquisition. Petsfluencer, artist and Brand are solely responsible for ensuring that the respective Petsfluencer contents comply with the terms of use of the respective platform and applicable law.
The Petsfluencer exempts Petsfluence.com from all claims of third parties, especially those that arise from a violation of copyright, trademark law, competition law, media law, tax law, social security law (also artist social security law) or other contractual obligations of the Petsfluencer.
Petsfluence.com and the Brand are not liable for any additional tax claims resulting from the violation of the obligation to show the sales tax or any violation of the obligation to pay any social security contributions, any interest or other damages resulting from this, as far as they are based on missing or wrong information from the Petsfluencer. Incorrect information or a lack of information are at the expense of the Petsfluencer. The Petsfluencer exempts Petsfluence.com as well from third party claims. Petsfluence.com only provides the mediation of the order between the Petsfluencer and the Brand. Petsfluence.com is therefore not liable for the payment of the remuneration from the Brand to the Petsfluencer. Petsfluence.com is not responsible for the contents of the Petsfluencer, briefings and offers.
7 Confidentiality
The Petsfluencer undertakes to maintain silence about the projects and implementation for the production of the Petsfluencer contents. This includes all information that is communicated within the platform, especially briefings and details of the Brand, the amount of remuneration or remuneration rates as well as the products given. Information from Petsfluence.com and its social media is also considered to be confidential information.
The Petsfluencer is in particular prohibited to distribute, announce or otherwise publish this information on the internet, especially in so-called social networks and media without Petsfluence.eu written consent.
Excluded from this obligation is such information that were already known to the Petsfluencer before without obligation of secrecy or are or become generally known, without the Petsfluencer being responsible for this or the Petsfluencer is informed or given to the Petsfluencer by a third party without obligation of secrecy or are to be made available to authorities on the basis of legal regulations or by the Brand or Petsfluence.com to the Petsfluencer have been released in writing for announcement.
8 Final provisions
The place of performance, payment and fulfillment is the registered office of Petsfluence.com.
This agreement is governed exclusively by the law of the Federal Government of Belgium under exclusion of international private law and under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), even if a contracting party has its registered office abroad.
Exclusive place of jurisdiction for all disputes arising from the contractual relationship with the Petsfluencer is Kortrijk or Brugge or in sub contracting any other country that is needed.
Should any provision of these terms of use be or become invalid, this shall not affect the validity of the remaining provisions. Instead of the ineffective provision, the relevant statutory provisions shall apply.
22.05.2021
GENERAL TERMS AND CONDITIONS OF USE FOR BRAND COMPANIES (“BRANDS or BRAND”)
Preamble
PETSFLUENCE®, VAT BE0776794905, Business Address; Pelikaanstraat 34, 8830 Hooglede, Belgium (hereinafter “Petsfluence.com or Petsfluence”) operates an online platform (hereinafter “portal”) for companies (hereinafter “Brands”) and corporate influencers (hereinafter “Petsfluencer”) under the Internet address https://www.petsfluence.eu , on which brands can contact Petsfluence.com for advertising campaigns after appropriate registration. The portal serves the purpose of bringing together Petsfluencer(s) and Brands successful on social media platforms (such as YouTube, Instagram, Facebook, Tiktok, Twitter, blogs etc. – hereinafter “platform”) as brand companies for the purpose of producing Petsfluencer content and related communication. Petsfluence.com also takes over the collection of the fees for the Petfsluencer(s) and pays them out on their own behalf. Petsfluence.com works with brands or any pet professional in advise and help in any advertising needs like social media management, copywriting and more.
1 General information
Petsfluence.com operates the portal where brands can find petfluencers after appropriate registration, who want to support brands in increasing the reach of campaigns by publishing targeted picture/video productions (“petsfluencer content”) on defined platforms. Brands are always entrepreneurs within the meaning of § 14 BGB. By registering, the brand confirms that it is an entrepreneur. Petsfluence.com is entitled to have the entrepreneurial status proven by appropriate documents.
The terms of use contain the exclusively valid conditions for registration and use of the portal between the Petsfluencer, the Brand and Petsfluence.com or only between the Brand and Petsfluence.com. Differing, conflicting or supplementary General Terms and Conditions of the Brand shall only become part of the contract if and insofar as Petsfluence.com has expressly agreed to their validity.
Through the mediation of Petsfluencer to Brand by Petsfluence.com and a provision of the portal, no connection of the parties under company law comes about.
Petsfluence.com offers a regular newsletter to inform Petsfluencer(s) about new possibilities and own offers on the portal.
2 Registration and use of the portal
The contract between the Brand and Petsfluence.com is concluded by filling out and sending the respective registration form on our website or/and the confirmation e-mail from Petsfluence.com to the e-mail address provided by the Brand. By sending the completed registration form, the Brand bindingly acknowledges the validity of these terms of use within the scope of the registration process. All communication between Brand and Petsfluence.com from email, social media, or any other form of contact between Brand an Petsfluence.com is als legit and replaces the form on the website and is seen as legally binding.
There is no claim to participation, registration or activation without official statement of Petsfluence.com.
All information provided by the Brand must be truthful.
Reasonable changes to these terms of use will be communicated to the Brand in text form, i.e. in writing, by fax, by e-mail or by a logged notice page after a login to the Portal, or a statement to read our terms and conditions page. If Brand does not object to these changes within six weeks after receipt of the notification, the changes shall be deemed accepted.
When using the portal, the brand is obliged to comply with the applicable laws as well as the portal and platform regulations. It is the Brand’s own responsibility to ensure that the content of the Petfluencer contents is legal and does not infringe any third party rights (copyright, trademark law, competition law, etc.) and to comply with the principles of proper advertising, especially appropriate labelling. The Brand undertakes not to distribute any unauthorized advertising, spam or inaccurate warnings of viruses, malfunctions and the like or to request participation in competitions, snowball systems, chain letters, pyramid schemes and similar actions.
The Brand is not entitled to conduct briefings or project content that she has submitted on or to the Portal, or with Petsfluencer, whose content production offers she has received through the Portal, outside of the Portal.
In case of violation of these regulations, ere Brand can be excluded from the use of Petsfluence with immediate effect and will not be able to use our services in the future anymore.
-Every e-mail or filled in form with or on Petsfluence.com or on one of thirth parties implented by Petsfluence.com is seen as a extention of a contract between Petsfluencer, Brand and Petsfluence.com everything writed in an e-mail or form filled in by the Petsfluencer or Brand is hereby legally binding.
3 Project procedure
The Brand has the possibility to plan campaigns and individual projects together with Petsfluence.com and publish them after successful registration. The campaigns include individual projects with different Petsfluencers. For each campaign and each individual project, the brand can set a budget and specify an optional CPM range. Petsfluence.com will send the Petsfluencer the briefing with project details about contents, publication date and payment.
The brand can in NO cause contact the petsfluencer without petsfluence.com written approval.
If the Brand accepts an offer from a Petsfluencer, a project contract between the Brand and the Petfluencer is concluded automatically by Petsfluence.com in our inhouse system. The briefing of the Brand and the offer of the Petsfluencer form the binding content of the project contract.
The Petsfluencer will produce the petsfluencer content offered in each case according to the content and time specifications in the briefing after the award of the contract by the brand.
After completion of the production, the petsfluencer will make the petsfluencer content available according to the completion period in the briefing of the Brand, in that the petsfluencer publishes it according to the respectively applicable platform regulations and makes it available on its platform channel to its circle of subscribers or followers.
The Brand has the right to discontinue the production of a petsfluencer content at any time by asking Petsfluence.com to make this decision over. Even after publication of the petsfluencer content, the brand can demand from the petsfluencer (again through Petsfluence.com) at any time that the petfluencer no longer publishes a petsfluencer content or makes it available for retrieval in any form.
Completed campaigns are archived and can be reactivated by the petsfluencer afterwards. Thus, they are available with the identical content for a new execution.
4 Remuneration
The registration is free of charge for the Brand. If a corresponding contract is concluded between the brand and Petsfluencer for the implementation of a project by the Petsfluencer accepting an offer from a Brand, a service fee is due for this, which is to be paid by the Brand to Petsfluence.com. The claim to the service fee arises from the use of the platform for the conclusion of the project contract between Brand and Petsfluencer and the service petsfluence.com invest in it. For the production of the Petsfluencer contents, the Petsfluencer receives a payment which is defined by the success of its Petfluencer metrics. In the briefing, the Brand specifies a range for a CPM for which the Petsfluencer with its specific CPM makes an offer that the Brand can accept. The amount of the fee results from the project summary. All prices are net prices in Euro and are subject to VAT, if applicable.
For the production of the Petsfluencer contents the fee is due in advance. For this purpose Petsfluence.com invoices the brand on the basis of the predicted costs, i.e. the budget amount stated. The remuneration consists on the one hand of the fee for the production of the Petsfluencer contents by the Petsfluencer as well as their advertising value and on the other hand of the service fee for the successful mediation of a project between Petsfluencer and Brand by Petsfluence.com. The fee is settled and collected by Petsfluence.com in the name of the petsfluencer. With the service fee it concerns however the fee for the own contribution of Petsfluence.com, which settles this in its own name. In both cases the account takes place plus if necessary resulting in legal sales tax. After complete receipt of the invoice amount and comparison of the actually achieved coverage Petsfluence.com transfers the fee to the Petfluencer after completion of their full campaign within 10 weekdays after the 1ste workday of a new month following up the notice of the petsfluencer’s invoice of the campaign work and always be sent before the last work day of the running month.
The Petsfluencer does not receive any remuneration if his petsfluencer content violates the contractually agreed contents. In case of a dispute about the existence or non-existence of a contractual violation, the Brand has the right to decide on this matter, whereby the decision can be reviewed by a court. Due to the fixed date character of the contract, the possibility of supplementary performance or rectification of defects is not applicable.
The service fee for Petsfluence.com is also due in full if the production of the petsfluencer content was interrupted before or after production and/or publication and also if the petsfluencer does not perform according to the terms of the briefing.
5 Rights, data protection regulations
The personal data provided by Brand, insofar as this is necessary for the establishment, content or modification of the contractual relationship (inventory data), is used exclusively for the processing of the brokerage and usage contract concluded between Brand and Petsfluencer and Petsfluence.com as well as for the processing of the contractual relationship between Petfluencer or Brand and Petsfluence.com.
The brand grants Petsfluence.com the right to advertise the successful project in any advertising or partnership that is part of our collaboration on the portal and to publish, edit and exploit the company name and project details of the brand.
The Petsfluencer and Brand grants Petsfluence the right that Petfluence.com might advertise the successful project, content included, on the portal or social media and also publishes, processes and uses the company or Petsfluencer social media name as well as project details of the Petsfluencer. This includes that the Petsfluencer gives Petsfluence.com the full right to use the content for promotional usage for Petsfluence.for and partial the brand where they worked with. In resharing this content the Brand only can use content to reshare it with credits written on social media, but can use the content on their website and social media adverts without credits, though need to make sure no 3th parties or resellers can use this content by protecting the content that is placed by a not downloadable filter over your website’s content.
The Brand can use content for promotional needs on their own website and social media (with credits) and in their website branding. The brand does not own any copyrights of the content and does everything in their power to protect copyrights of reshared content.
Partners, Resellers, sister companies of the brand have no rights to use the content provided to the brand through petsfluence.com or petsfluencer, even if these companies hold the same or partial the same name as the brand. The only one who can use the content is the brand (with 1 address) where a partnership, or collaboration is made with petsfluence.com.
The brand can ask service free permission per usage by a partner, reseller or sister company in their name but have to wait for a written consent by petsfluence.com.
Petsfluence.com does not own the full copyrights but are licenced to use/reshare content made for your campaign in co-copyright. Petsfluence.com owns the co-copyrights as the representative of the petsfluencer to claim any copyright infringements or act as the holder of copyrights to mediate between brand and petsfluencer to sell copyright in name and as representative of the petsfluencer. Petsfluence.com can act as the representative of the petsfluencer to obtain any fees that might occur out of unlawful usage of the content made for the brand through petsfluence.com.
If the content provided by petsfluence to your company wants to be used by third parties (resale partners) then the company must either purchase the full copyright rights from the petsfluencer. Petsfluence then acts as a mediator to make a proposal to the petsfluencer to transfer the copyright rights to the company. This is always with a financial proposal. Without this, the company may in no way grant rights to third parties to re-use content in order to prevent the misuse of content. Petsfluence is granted by Brand to contact any reseller or 3th party to mediate any content used and to remove content before a copyright claim is made.
Any copyright claim towards Petsfluence.com or the Brand can therefore not be carried out by the petsfluencer. Any costs in copyright claims or damage that follow out of it will be for the party that made any infringements to these rights. Brands or Petsfluence.com or petsfluence.com as representative of petsfluencer will be able to go to court and any costs in this will be covered by the party that made the infringements.
If you as a Brand want to obtain full copyrights of content made that came forward out of campaigns now or on a later date with products or services displayed by the Petsfluencer, Brand(s) can make an offer to Petsfluence.com to obtain the copyrights. Only Petsfluence.com is prohibited to bring over any offers. If you as Brand contact the Petsfluencer directly you will be excluded from our platform and any fee that is due to Petsfluence.com service will be paid out to Petsfluence.com by the Brand. Petsfluence has the right to take legal steps to obtain the fee and all costs made to do so will be covered by the Brand.
Any usage of partners, resellers or sister companies of the brand will pay exactly the same service fee as the brand per usage of the content made by petsfluencer through petsfluence.com for the brand + extra fee for the copyright infringement and extra time and costs petsfluence.com made in receiving this fee. The standard copyright infringement fee is 150 euro per content used.
If the brand want to make usage to display the content made by petsfluencer through petsfluence.com on 3th party websites as google, cookie trackers, amazon and such for normal usage, promotional usage or more outside the normal social media channel like instagram, pinterest, facebook, twitter, or such the brand is always obligated to buy the full copyrights of the content to make a usage of the content.
All contents of the portal (texts, pictures, graphics etc.) including all software components of the portal, especially the database, are protected by copyright and other protective laws. It is prohibited to reproduce, copy, change and/or edit the portal or parts of it.
6 Liability
There is no claim to uninterrupted availability of the portal at any time. Petsfluence.com is not liable for technical failures or the availability of the offer, unless Petsfluence.com is charged with intent or gross negligence.
Petsfluence.com is entitled to carry out maintenance and care work on the portal and will try to keep disturbances of the accessibility and usability of the portal as low as possible.
Petsfluence.com is only liable for damages other than those caused by injury to life, body and health if they are based on intentional or grossly negligent action or on culpable violation of a fundamental contractual obligation (so-called “cardinal obligation”, i.e. an obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely) by Petsfluence.com or its vicarious agents.
Any further liability for damages is excluded. In particular the replacement of the lost profit, indirect damages as well as other financial losses in case of simple negligence is excluded. The provisions of the Product Liability Act shall remain unaffected; furthermore, liability for fraudulent concealment of a defect, for an expressly guaranteed quality and for personal injury shall remain unrestricted.
As far as Petsfluence.com negligently violates an essential contractual obligation, the obligation to pay compensation is limited to the typically foreseeable damage, in any case, however, to the amount of maximum 500,- EUR.
Petsfluence.com is not liable for the loss of data, if the damage would not have occurred in the area of responsibility of the fire if the data had been properly backed up. A proper data back-up can be assumed if the fire verifiably backs up the data stock at least daily in machine-readable form and thus guarantees that these data can be restored with reasonable effort. The liability of Petsfluence.com for the loss of data is limited to the typical recovery effort that would have occurred with proper data back-up.
In the production of the Petsfluencer contents, offers and briefings the Brand is obliged not to use any contents and means that are punishable by law or otherwise violate legal regulations; this includes in particular pornographic, seditionary, copyright infringing, competition infringing, immoral, insulting or extremist contents. In addition, the Brand will comply with the relevant and respectively applicable provisions of the respective platform – in particular community guidelines, technical guidelines and the advertising guidelines as well as the principles of the state media authorities for proper advertising, especially appropriate labelling – for the petsfluencer contents, offers and briefings which are the subject matter of the contract. Petsfluencer and Brand are solely responsible for ensuring that the respective Petsfluencer contents comply with the terms of use of the platform used and applicable law.
Brand indemnifies Petsfluence.com from all claims of third parties, especially those that arise from a violation of copyright, trademark law, competition law, media law, tax law, social security law (also artists’ social security law) or other contractual obligations of Brand. Petsfluence.com is not liable for any additional tax claims resulting from the violation of the obligation to show the value added tax, or any social security contributions resulting from the violation of the obligation to pay contributions, any interest or other damages resulting from this, as far as these are based on missing or wrong information of the Petsfluencer.
7 Confidentiality
The Brand undertakes to maintain silence about the briefings and information on the production of Petsfluencer content. This includes all information communicated within the platform. This includes the amount of remuneration or remuneration rates, as well as all data of the Petsfluencer(s) and his activity on the agreed platform as well as information from Petsfluence.com and information subject to secrecy.
The Brand is especially prohibited to spread, announce or otherwise publish this information on the internet, especially in so-called social networks and media.
Excluded from this obligation is such information that the Brand was already known beforehand without any obligation of secrecy, or are or become generally known, without this being the fault of the fire, or the fire has been notified or left to the fire by a third party without any obligation of secrecy or are to be made available to authorities on the basis of legal regulations or have been released in writing by Petsfluencer or Petsfluence.com towards the fire for announcement.
8 Final provisions
The place of performance, payment and fulfillment is the registered office of Petsfluence.com.
This agreement is governed exclusively by the law of the Federal Republic of Belgium under exclusion of international private law and under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), even if a contracting party has its registered office abroad.
Exclusive place of jurisdiction for all disputes arising from the contractual relationship with the Brand is Brugge or Kortrijk or any need to subcontract a lawyer in another country.
For possible agreements between Petsfluencer and Brand among themselves, the law of the Federal Government of Belgium is also agreed upon under exclusion of the international private law as well as under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
Should any provision of these terms of use be or become invalid, this shall not affect the validity of the remaining provisions. Instead of the ineffective provision, the relevant statutory provisions shall apply.
22.05.2021