Introduction

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 (“Influencer Account”). Once your Influencer Account has been established, you will be able to search and apply for a campaign (“Campaign”). When using amp&go you will interact with brands (“Brands”) who create profiles for their products (“Product Profiles”). Via their Product Profiles, Brands create and market Campaigns.

2. Account Information 

You warrant and represent that all information you submit when creating your Influencer Account is accurate, complete and not misleading.

3. Campaign Applications

You understand and agree that when applying to a Campaign on amp&go, that approval is not guaranteed.

You warrant and represent that once you have submitted an application for a Campaign (“Campaign Application”) and such Campaign Application is approved by the Brand, you are contractually bound to fulfil the Campaign in accordance with the Campaign Application until the goal of the Campaign (the “Campaign Goal”) has been achieved.

4. Application Approval

You understand and agree that once your Campaign Application has been approved, all posts will still require pre-approval by the Brand.

5. Content Creation

You warrant and represent that content created and uploaded to amp&go must not:

  • Contain sexual or explicit material
  • Promote unlawful acts of violence
  • Contain material that is harmful, threatening, defamatory or content that is radically or ethnically offensive
  • Be discriminatory to any person or property

6. FTC Guidelines and a Influencer’s Clear & Conspicuous Disclosure of Content

You acknowledge and agree that amp&go is not responsible for any failure by you to comply with FTC guidelines or any other guideline written by a foreign agency or trade commission, nor is amp&go responsible for any consequence of any such failure.

You warrant and represent that you will disclose, across all social posts and platforms, in a clear and conspicuous manner, the nature of a post, be it paid, promoted, or sponsored. If available, you warrant and represent to use a Paid Partnership / Promotion tool, and to use #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, you warrant and represent that you will make disclosures that are above the “more” button at the end of the first three lines of caption text. For video content, you warrant and represent that you will include a disclosure within the video itself in addition to the caption. You warrant and represent that any endorsements that you make will be honest and not misleading, and that if you are partnering with a Brand or Product Profile, such partnership will be clearly conveyed to the consumer.

Please familiarize yourself with the following FTC Guidelines

7. Content License of Use

You warrant and represent that you will not post or share any content that you do not own, or have a proper license, consent or permission to use.

You warrant and represent that your use of amp&go does not infringe the rights of any person or body.

You acknowledge and agree that amp&go is not responsible for any use, by you, of any content for which you do not have a proper license, consent or permission.

If you are in doubt about the use of content and whether or not you have the requisite permission to use it, do not post it.

8. Content Ownership

amp&go acknowledge and agree that all content produced and published by you on amp&go is owned by you.

The Brand therefore does not have the right to use your content, or material across other designated marketing, advertising channels and/or marketing outlets that they own or manage.

The Brand is, however, allowed to retweet, share, and repost any content posted in accordance with the Campaign to their Brand Account or Product Profiles social media channels.

You warrant and represent that when you publish a post to your social channel(s) you agree to keep this content up in perpetuity, unless otherwise requested by the Brand or amp&go.

When the Brand reposts any of your content to Instagram, the Brand agrees to credit you via @ mentioning your handle.

9. Submitting Posts for Approval

You warrant and represent that the content you submit to the Brand for approval, is the final content that you will post. If the post is approved, you will not edit, update or amend this content.

10. Publishing Posts

You warrant and represent that when publishing posts to Twitter, Facebook, and YouTube, that you will use amp&go to publish these posts on your behalf, via the ‘Ready to Publish’ pop up.

You warrant and represent that you’ll publish your Instagram posts and stories directly on Instagram, and then return to amp&go to assign the post or story ID.

11. Removing / Deleting a Live Post

You warrant and represent that if you publish a post in error, or if for business critical reasons a post needs to be removed or deleted, you will contact amp&go immediately, via the internal messaging tool. You must include the post link, your name, the name of the Campaign, and the reason for removal.

12. Performance and Platform Analytics

You acknowledge and agree that social channel follower counts, and social channel performance – individually and in aggregate – can be shared on the amp&go platform.

13. Performance Data

You understand and agree that all campaign performance is derived from the on-platform social 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.

14. Social Channel Disconnection

You acknowledge and agree that should your social channel(s) become disconnected from amp&go, that amp&go will no longer be able to track the performance of the live post(s) on that channel(s). This means that the live post(s) will no longer contribute towards a Campaign Goal, and you will no longer generate earnings from the post(s).

In this instance, amp&go will reach out, and notify you of the disconnection, providing steps on how you reconnect the disconnected channel(s). You will also be notified at log in, and will not be able to continue to your influencer dashboard, or homepage, until you’ve reconnected the disconnected channel.

15. Social Channel Data Misreporting 

You acknowledge and agree that amp&go is not responsible for any social channel that declares incorrect, fake or misreported performance data.

You warrant and represent that you will not use any measures to inflate engagement, and any such action, will result in your immediate removal from the amp&go platform, and any earnings generated will be placed on hold until further investigation has been made.

16. Generating Earnings

You acknowledge and agree that:

  • Earnings can differ from Campaign to Campaign
  • Earnings per Impression / Engagement / Video View / Click as defined by the Campaign, depict the amount of money you can generate per metric that you drive from your posts up until a Campaign hits its Campaign Goal
  • You only become connected to a Campaign after a Brand or Product Profile has approved your Campaign Application
  • You only submit posts for approval after you have been approved to connect to a Campaign
  • You only publish a post after a Brand or Product Profile has approved the content
  • You only generate earnings from the performance on posts that contribute towards a Campaign goal

17. Referral Earnings

For a limited time, if you refer a new influencer, or Brand Account to amp&go, you will receive 5% of amp&go’s fee on every Campaign you complete for 12 months from sign-up. This policy is subject to change and can be terminated at any time.

18. Transferring Earnings

You acknowledge and agree that you must connect your PayPal account.

You acknowledge and agree that you must have a balance of at least $75 to transfer out to your PayPal account.

19. Campaign End 

You acknowledge and agree that a Brand can only end a Campaign in the following scenarios:

(A) When a Campaign Goal has been fulfilled; or
(B) When The Brand or Product Profile has taken no new action on a Campaign for four weeks i.e. they have not approved, provided feedback or rejected an application, neither approved, or provided feedback to a post.

You warrant and represent that in the event that either a Campaign Goal has been fulfilled, or a Brand ends a campaign, you will no longer be able to apply, submit posts for approval, publish posts, or continue to generate earnings from your live posts.

20. Proportionality Rule

You warrant and represent that when a Campaign Goal is fulfilled in-between data drawdown periods (12.30 p.m. and 12.30 a.m. GMT), you will be paid based on the percentage of performance that you drove during that period. Any remaining metrics will then be distributed post by post, starting with the first post that went live.

21. 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 you are 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.

22. 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.

23. Privacy Policy / Data Handling

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

24. Authenticating Social Channels & User Data Privacy Policy

Influencers are required to authenticate their social channels to apply to campaigns, and track their post performance on amp&go. Authentication takes place during account creation, and can be edited or amended at any time.

Please note that:

1. Connecting your accounts is safe and secure. Your credentials are only ever seen, and accessed by you.

2. Your data performance is protected. Only you, and the brands you work with, can see your performance.

By authenticating you’re allowing the following access:

Connecting to Facebook

  • Manage Pages Access: This allows amp&go to acquire the list of pages that you have created on Facebook, so that you can select which of your Facebook pages you want to publish your posts to from amp&go
  • Publish Pages Access: This allows amp&go to publish posts from the amp&go platform to your selected Facebook Page
  • Read Insights Access: This allows amp&go to read the insight metrics that are generated by the Facebook posts you publish from amp&go

Connecting to Twitter

  • Read Write Access: This allows amp&go to identify your account, to publish your posts from the amp&go platform to your selected Twitter page, and to view the performance data from your live content

Connecting to Instagram

  • Instagram Basic Access: This allows amp&go to identify and verify your Instagram account
  • Manage Pages Access: This allows amp&go to verify which Facebook Page you have connected to your Instagram account
  • Instagram Manage Insights Access: This allows amp&go to acquire the insight metrics that are generated from the Instagram posts and stories that you publish from amp&go

Connecting to YouTube

  • YouTube Read Only Access: This allows amp&go to identify which YouTube channels you would like to connect to amp&go
  • YouTube Upload Access: This allows amp&go to upload videos that you submitted on amp&go to your selected YouTube channel
  • YouTube Analytics Read Only Access: This allows amp&go to read the performance data that is generated from the YouTube videos that you publish from amp&go
  • Please note that by authenticating your YouTube account, you are:

    Agreeing and bound to the YouTube Terms of Service: https://www.youtube.com/t/terms

    Agreeing to the Google Privacy Policy: http://www.google.com/policies/privacy

    If you wish, you can revoke amp&go’s access to your YouTube data via the Google security settings page: https://security.google.com/settings/security/permissions

25. 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.

26. Account Removal 

You understand and agree that if you wish to remove your Influencer Account, you must contact the amp&go team directly via the messages tool.

27. Account Termination

You warrant and represent that if you breach any term or condition listed above, amp&go has the right to remove and terminate your Influencer Account at any time. In this circumstance all pending applications and posts will be erased, and all live posts will stop generating earnings.

28. 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.

29. 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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