Terms & Conditions & Privacy — Brand Account
It’s important to read and understand the terms and conditions on amp&go. By checking “Accept” where indicated, when creating an account on amp&go, you agree that you shall be bound by these terms and conditions in relation to your use of amp&go, our provision of it, and our provision of all services and functionality.
1. Overview & Setup
To use the platform amp&go (“amp&go”), you will be required to provide us with certain details in order to create your account (“Brand Account”). Once your Brand Account has been established, you will be prompted to create a profile for your product(s) (“Product Profile”). Once your Product Profile has been created, you will be able to create a campaign (“Campaign”), in association with your Product Profile. Influencer Accounts (“Influencers”) will then be able to apply to your Campaign.
2. Accuracy of Information
You warrant and represent that all information you submit when creating your Brand Account, Product Profile and Campaign is accurate, complete and not misleading.
3. Licenses, Consents and Permissions
You warrant and represent that when using amp&go, creating Campaigns, and engaging Influencers you have, and will maintain all necessary licenses, consents and permissions.
4. Campaign Creation & Payment
You warrant and represent that payment for each Campaign on amp&go is made in advance, prior to the launch of the Campaign, and in accordance with amp&go’s unique, objective-based payment system.
When creating your Campaign you’ll be prompted to select an objective from a set list: Impressions, Video Views, Engagements or Clicks (“Objective”), and to enter your budget for the Campaign (“Budget”). amp&go requires a minimum budget of $5,000.
amp&go will then determine the goal of your campaign (“Campaign Goal”). Each Campaign Goal will be displayed as a number. This number will indicate how many times you will achieve the selected Objective in order for the Campaign to be fulfilled. Here’s an example of how it works:
All metrics generated from live posts after a Campaign Goal has been fulfilled, shall be free earned media, and hence will not be paid for by you.
5. Approving an Application
Once you’ve paid for your Campaign you can begin to invite influencers to apply to it. Influencers will be recommended to you after campaign payment, as well as in your ‘Campaign Page’. Note, influencers will also be able to search and apply to your Campaign on their own.
You warrant and represent that by approving an influencers application, you’ve made an agreement with the influencer, confirming that they’re now connected to your campaign and the influencer can begin content creation.
6. Approving a Post
You warrant and represent that by approving an influencers post, you’ve made an agreement with the influencer confirming that they’re now approved to publish.
7. FTC Guidelines and a Influencer’s Clear & Conspicuous Disclosure of Content
amp&go declare that they are not responsible for any influencer that breaks FTC guidelines or any other guideline written by a foreign agency or trade commission.
You warrant and represent that it is an influencer’s duty, across all social posts and platforms to disclose, in a clear and conspicuous manner, the nature of a post, be it paid, promoted, or sponsored. If available, the influencer should use a Paid Partnership / Promotion tool, in additional to this, they should include, #ad or #sponsored disclosures in the copy caption of every post, on every channel, clearly and in a conspicuous place (above the fold, not buried in a long string of hashtags). For Instagram in particular, disclosures must be above the “more” button at the end of the first three lines of caption text. For video content, an additional disclosure must be included within the video itself in addition to the caption. An influencer’s endorsement must be honest and not misleading, and if they’re partnering with a brand or product they need to let the consumer know.
8. Content Rights and Usage
You warrant and represent that all content produced and published by influencers on amp&go is owned by the influencer.
You therefore do not have rights to use this content, or material, in any way whatsoever, across other designated marketing, advertising channels and/or marketing outlets that you own or manage.
You are, however, permitted to retweet, share, and repost the influencers social content to your own Brand Account, or Product Profile social media channels. When reposting to Instagram you agree to credit the influencer via @ mentioning their handle.
When an influencer publishes a post to a social channel, they warrant and represent to keep this content up in perpetuity, unless otherwise requested by you or amp&go.
9. When an Influencer Removes / Deletes a Live Post
You understand and agree that in the unlikely circumstance that an influencer removes and/or deletes a live post, that this will stop any further performance being generated.
10. Performance Data
You understand and agree that all campaign performance and all performance data on amp&go is derived from data provided to us by YouTube, Facebook, Twitter & Instagram’s APIs.
Please note: all performance data is updated at 12.30 p.m. and 12.30 a.m. GMT everyday.
11. Social Channel Disconnection
You understand and agree that if an influencer’s social channel(s) were to become disconnected to amp&go, that amp&go would no longer be able to track the performance of the live post(s) on that channel(s). This means that the live post(s) would no longer contribute towards your Campaign Goal, and the influencer would no longer generate earnings from that post(s).
12. Social Channel Data Misreporting
amp&go declare that they are not responsible for any social channel that declares wrong, fake, or misreported performance data.
13. Influencer Payment
Influencers generate earnings from the performance that they contribute towards a Campaign Goal. amp&go pay the influencers directly. You pay for the Campaign as outlined above.
14. Proportionality Rule
When a Campaign Goal is fulfilled in-between data drawdown periods (12.30 p.m. and 12.30 a.m. GMT), influencers will be paid based on the percentage of performance they drove during that period. Any remaining metrics will then be distributed post by post, starting with the first post that went live. amp&go pay the influencers directly.
15. Campaign End / Campaign Reimbursement & Refunds
You understand and agree that you can only end a Campaign in the following two scenarios:
(A) When your Campaign Goal has been fulfilled; or
(B) When you have taken no new action on a Campaign for four weeks, which shall mean that you have not approved, provided feedback, or rejected an application, or you have not approved, or provided feedback on a post.
In each event you can end your Campaign by clicking the ‘End Campaign’ button, which will become visible on the Campaign detail page when either your Campaign Goal has been fulfilled, or, after a four week period of inactivity. For the avoidance of doubt, a Campaign will not end unless the ‘End Campaign’ button is clicked.
You understand and agree that if a Campaign is ended in accordance with clause 14(B):
i) amp&go will work directly with you to ensure that you’re granted a refund for the metrics that were paid for, but were not achieved. A 10% campaign cancellation charge will be placed on the refund value.
ii) amp&go reserves the right to inform Influencers that the Campaign has ended prior to the Campaign Goal being fulfilled. Where an Influencer is informed that the Campaign has ended without being fulfilled, the Influencer will be permitted by amp&go to remove or delete any live posts. Any performance achieved will be stored, and the earnings made will still remain.
Once either your campaign goal has been fulfilled, or you have clicked the ‘End Campaign’ button, influencers will no longer be able to apply, submit publish, or earn from posts.
16. Limitation on Liability
You acknowledge and agree that in no circumstances will amp&go be liable for any damages, losses, (including without limitation lost profits, lost data or lost opportunities), personal injury or wrongful death, whilst an influencer is creating content.
You understand and agree that amp&go provides a marketplace for brands and influencers. amp&go does not represent, investigate, or contract for either party. amp&go will not carry out any checks in relation to content or published materials, and shall in no way be responsible or liable for acts or omissions, or for any damage or loss caused or suffered by an influencer or brand.
17. GDPR Regulation
When handling and/or processing any of your data, amp&go will comply with all applicable data protection laws.
You can opt-out of email marketing communications from amp&go at anytime: during sign-up and within any email that you receive.
amp&go aren’t just complying with GDPR, we’re committed to protecting the privacy of individuals, including our customers. amp&go is built for both brands and influencers with robust security features including:
- Access control
- Data encryption in transit and at rest
- SOC 2-accredited data centers
- Continuous network monitoring
- Vulnerability management
- Incident response and recovery
- Data center management to guarantee a secure and highly available service at scale
19. amp&go’s Rights of Content Use
You warrant and represent that by uploading profile imagery, account information, and creating campaigns on amp&go, that you’re granting amp&go the right to use this content, or material both on and off the platform for the purpose of marketing.
20. Account Removal
You understand and agree that if you wish to remove your Brand Account, you must contact the amp&go team directly via the messages tool.
21. Account Termination
You understand and agree that if you breach any term or condition listed above, amp&go has the right to remove and terminate your Brand Account at any time.
22. Governing Law / Dispute Resolution
All terms and conditions above will be governed by and construed in accordance with the laws of the state of New York, notwithstanding its conflict of laws principles. The parties agree that any action at law or in equity arising out of or relating to these terms and conditions will be filed only in the state and federal courts located in the Southern District of New York and the parties hereby consent and submit to the exclusive jurisdiction of said courts. The prevailing party will be entitled to collect its attorneys fees and expenses from the other party.
23. Terms and Conditions
amp&go is entitled to change these Terms and Conditions at any time in its sole discretion by providing an updated copy of these Terms and Conditions on the amp&go web platform. For the avoidance of doubt, your use of amp&go following any update to these Terms and Conditions shall be deemed as acceptance of any such updated Terms and Conditions. amp&go reserves its right to transfer its rights and obligations under these Terms and Conditions to a third party.
Each of the Terms and Conditions listed and outlined above operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
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