Infiltrend is defined as the website and platform accessible via www.infiltrend.com
. By accessing the Website, You are agreeing to these terms. The following terms and conditions (the "T&Cs") regulate Your access to and use of Infiltrend.
Infiltrend is a brand name operated by and belonging to Venturevate Ltd (C 74415) a company registered under the laws of Malta
You – Any individual, person or body corporate who registers and creates an account with Infiltrend through the Infiltrend Brand Registration Form
will be referred to as a ‘Brand’ and/or as “You”. A Brand is any individual, person or body corporate who represents a brand, whether product or service based. Marketing agencies shall be included in the definition of the term Brand and/or You.
All capitalized terms shall be assigned the meaning ascribed to it in the text of the particular term, of or as defined in the Definitions term.
You have come to the Website with the scope of carrying out and/or engaging in marketing services and/or activities that include but are not limited to:
- Accessing a list of Influencers, to which we may forward Your Campaign;
- Engaging an Influencer to carry out any particular Campaign;
- Following the performance of the Influencer in relation to each Campaign agreed between You and Influencer via Infiltrend;
In order to achieve this Infiltrend shall assist by:
- Providing You with reports of clicks generated by the Influencer;
- Calculating sum due to Influencer for specific Campaigns;
- Paying Influencer on Your behalf;
- Holding Your Campaign budget money;
- Brand Commitments
By signing up to our Platform and accepting these T&Cs, You confirm and warranty that:
- You have the authority and capacity to undertake this legal and binding obligation;
- All the information submitted in the Brand Registration Form is true, accurate and up to date.
- You are the owner of the brand, product and/or service that You are seeking to promote and/or market by means of the services and/or activities engaged via Infiltrend;
- If You are not the owner of the brand, product and/or service for which You intend to engage services and/or activities using Infiltrend, You have the full authorization and/or consent of the owner of such brand, product and/or service to engage services and/or activities using Infiltrend.
- You shall hold Infiltrend and/or the Influencers harmless for any damages that they may incur due to Your actions and shall indemnify them for any damages which they may suffer as a consequence of Your actions.
- You assume full responsibility in relation to any industry specific limitations on the marketing engaged via Infiltrend.
- You assume full responsibility that the brand, product and/or service are legal in the country where the services and or activities are taking place and/or are aimed towards.
- By offering a Campaign You agree to be bound by the terms included in that Campaign and shall be solely responsible, as the contracting party, towards the Influencer. As soon as an Influencer accepts Your Campaign You and the Influencer are bound by the terms of that Campaign.
- Should You withdraw any Campaign this would not impact the rights of the Influencer to receive payment in relation to services provided in accordance with the Campaign terms prior to Your withdrawal of the Campaign.
- You shall use the Platform in accordance with these T&Cs and the Instructions Guide. The guide is accessible once you are logged in.
- You shall pay the relative fees indicated in the Payment clause below (Clause 4).
- In the event that You disagree with any of the clicks being deemed Valid Clicks (for example clicks that are generated via a media excluded by You in the Campaign Brief)You shall inform Infiltrend of this as soon as reasonably possible, but in any event, no later than two weeks from the Campaign end. It shall not be possible to dispute the validity of any Clicks after this period.
- You shall not directly offer Campaigns to Influencers introduced to You by Infiltrend, or seek to otherwise engage them directly for services similar to those offered via Infiltrend and all contact with the same Influencers shall be via the Website.
- You understand, accept and agree that the acceptance of any Campaign by an Influencer is an agreement between You and the Influencer.You have the obligation to pay the Influencer in accordance with the terms of the Campaign. Infiltrend’s obligation is limited to the processing of the payments in accordance with these T&Cs
- Infiltrend Services
Upon our acceptance of You as a Brand, and during the validity of such Account, You shall be granted a revocable, non-exclusive and non-transferable license to use Infiltrend, the Website and the Platform, subject to these T&Cs.
- 2.1 Infiltrend may take up to 48 hours to process Your Brand Registration Form. Infiltrend has full liberty to accept or reject any applicant. You shall be informed of Infiltrend’s acceptance (or otherwise) via email. On acceptance You shall be assigned a Brand account You shall be receive a username and password by email.
- 2.2 Infiltrend shall provide You with access to the details and profiles a number of approved Influencers. While Infiltrend shall use reasonable endeavours to asses and vet the suitability of Influencers, Infiltrend does not assume any responsibility for any acts (or omissions) of the Influencers.
- 2.3 Infiltrend shall enable You to create Campaigns to be made available to Influencers. Once You have created Your Campaign, Infiltrend shall issue an invoice in relation to that Campaign as a prepayment.
- 2.4 Infiltrend shall forward the Campaign to the Influencers You have selected.
- 2.5 Infiltrend shall track the Clicks generated by the Campaign.
- 2.6 Infiltrend shall provide You with reports and analytics in real-time during an active Campaign.
- Type of Campaigns you can operate with Infiltrend
3.1 Pay Per Click
Where Your Campaign is a Pay Per Click Campaign Infiltrend shall
- monitor how many Clicks the Campaign has generated by each Influencer who has signed up to that Campaign;
- monetize the Valid Clicks (Infiltrend collects both Valid and Invalid Clicks per Influencer.
- when conversions are calculated, ie the Valid Clicks are converted to a monetary value, we will display Valid Click and Invalid Clicks. Only Valid Clicks shall be monetized.
- make payments to the Influencers in accordance with the terms of the Campaign and the terms and conditions entered into by Infiltrend and the Influencers.
3.2 Pay Per Campaign
Where Your Campaign is a Pay Per Campaign, Infiltrend shall
- Not monitor the Posts by the Influencer
- Pay the Influencer the fees determined in the Campaign Brief.
The Infiltrend payment method is facilitated by a third-party approved payment provider. By effecting payment using such services You are agreeing to the payment service providers terms and conditions in relation to the service provided. Furthermore, You are agreeing to any charges that may apply and that the payment account or card belongs to You and You have the right to use the payment method.
Venturevate Ltd shall charge You the non-refundable sum of Euro20 plus VAT per Campaign (the “Booking Fee”)
You are aware that by using our platform to create a Campaign, You must submit the full payment of the Campaign before it goes live. VAT at the applicable rate must also be paid, should You be a vat -able customer.
Once You pay the Booking Fee and Your Prepayment, You are aware that Campaign Pre-payment funds will be held by Venturevate Ltd. You hereby authorize Infiltrend to pay the Influencers on Your behalf. Once a Campaign has ended, Infiltrend has up to 30 days to pay out the Influencers who have participated in the Campaign in accordance with the Campaign Brief. The balance shall be kept on Your account.
Infiltrend reserves the right to take any necessary action (including putting any payment on hold) in the event that it determines that the funds may be subject to a breach of any applicable law (in particular but not solely, relating to the prevention of fraud/ money laundering) or relevant authority.
In event of a dispute between an Influencer and a Brand in relation to any money which is claimed as due by one party but not due by the other party, (a Dispute) the parties are to notify Infiltrend of the dispute as soon as possible. Infiltrend shall not be responsible for any payments made prior to the receipt of such notification and for a period of 24hours thereafter.
In the event of a Dispute Infiltrend shall suspend the Campaign account and use its reasonable efforts to mediate between the parties in order to assist them to reach an amicable settlement.
In default, Infiltrend shall hold the money until joint instructions are received. In the event that no such instructions are received for a period of 1 year, unless there is an ongoing dispute in any relevant forum (eg courts/tribunals etc) Infiltrend shall return such funds to the Brand.
Notwithstanding the above, it is not possible for a party to register a Dispute after the lapse of 15day from the end of the Campaign.
- Marketing Material
Infiltrend may, from time to time, create case studies to be used as marketing material. The marketing will be based on the profiles You created and any Campaigns You have submitted through the profile. We will not disclose any sensitive information and the case study created will be confirmed and agreed upon together.
- Account termination
In the event that You wish to cancel Your account send an email with the subject line ‘Account Termination Request’ to [email protected]
Please note that should You be running a Campaign as a brand, Your account can only be terminated following the end of the Campaign and once all administration related to that Campaign has been closed.
Upon any termination, discontinuation or cancellation of Your account, all provisions of these terms which by their nature should survive will survive.
Infiltrend also has the right to terminate Your Brand account for any reason, should we deem fit. The reasons for our termination of Your account include but are not limited to breach of Infiltrend T&Cs or any breach of Maltese or relevant applicable laws.
- Terms updates and changes
It is the right of Infiltrend to change, update and amend these T&Cs as and when we see fit.
We will inform You at any time that we amend and/or update these T&Cs. You will be notified via the email address that You have provided upon sign-up. In default of any objection from Your part by email to [email protected]
within 48 hours from such notification, it shall be deemed that You have accepted any such amendments, updates, additions or changes to the T&Cs.
It is Your responsibility to inform us of any change Your email address by updating Your profile.
Infiltrend, the Platform and all intellectual property related thereto including the getup, logos, front-end software, back office and operational software are intellectual property belonging exclusively to Venturevate Ltd.
Nothing in these T&Cs grants You the right to ownership to any part of the Infiltrend service or brand.
- Limited liability
Infiltrend shall not be liable for any non-availability of the Platform, data, website or servers used in connection with the Platform if such is not caused by or resulting directly from wilful neglect or gross negligence of the Licensor.
Infiltrend and/and/or any of its directors, officers, employees, agents or consultants shall not be liable in any event for:
- any indirect or consequential loss or damages, except when caused by the gross negligence of the Infiltrend
- any loss of opportunity, goodwill, revenue, profit or anticipated earnings, arising out of or in any way in connection with the use of the Platform in accordance with these T&Cs or the use or performance of Infiltrend (including in the event of Platform failure)
You acknowledge that from time to time, as a result of hardware failure and/or supplier failures, the services provided by Infiltrend under these T&Cs may be temporarily disrupted. You acknowledge and accept that neither Infiltrend nor any of its members, shareholders, directors, officers, employees or representatives, as applicable, will be liable to You for any direct, special, indirect, consequential, punitive or exemplary damages, or damages for loss of profits or savings, in connection with these temporary disruptions.
Without prejudice to Clause 10 Infiltrend’ s total aggregate liability under these T&Cs and that of its directors, officers, employees, consultants, and group companies, howsoever it should arise, will in no circumstances whatsoever exceed the lower of: value of the contract to date or the amount of five thousand euro (€5,000).
- General limitation
While reasonable efforts are made by Infiltrend to ensure suitability of Influencers and/or Brands, Infiltrend shall in no way be liable for any action or omission of such Influencers and/or Brands in general.
Influencers and/or Brands undertake not to post any offensive or incorporate images or content that is in any way harmful, threatening, obscene, harassing or racially, ethnically objectionable, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, and Influencers and/or Brands assume full legal responsibility for any such posts.
By using the platform, You are being provided links to external website by third parties such as Influencers. We have no control over the websites You provide and cannot guarantee their accuracy. You are accessing such websites at Your own risks.
Influencers and/or Brands hereby fully indemnify Infiltrend and hold Infiltrend harmless for any damages it may suffer in the event of any breach of these T&Cs by the Influencers and/or Brands.
- Dormant User Accounts
In the event that you have not accessed or in any way used your account for a period of 6 months or more that account shall be determined to be a Dormant Account.
Infiltrend shall inform you via email that Your account has been deemed a Dormant Account.
Infiltrend shall charge Dormant Account a monthly administration fee of Euro5 until You access Your User Account. Where a Dormant Account has a zero balance for a period of 1 month, that User Account shall be terminated.
- Influencer – Any individual, person or corporate who registers and creates an account with the platform through the Influencer Registration Form will be referred to as a ‘Influencer’. An ‘Influencer’ is defined as an individual or company who creates content which is published through a new paper, journal, blog or any social media outlet.
- Valid Click – clicks resulting from a genuine user, a total of 5 clicks are registered per IP address.
- Invalid Click- Any repeated clicks by the same user from the same IP address.
- Click Fraud - Invalid click activity that may artificially inflate the clicks a brand incurs.
- Campaign – Through the Infiltrend Platform, a brand had the ability to create a Campaign. A Campaign is a set of instructions that the chosen Influencers will receive. The Influencer, will in turn, produce content based on this and share with their audiences. Infiltrend has the ability to track the Campaigns.
- Pay Per Click Campaign – If a Campaign is set up as ‘Pay Per Click Campaign’, the Brands need to provide a trackable URL and the Influencers will need to use this URL in anyway they deem fit in their content. Infiltrend will track any Clicks generated. Influencers will receive a payment per click as outlined by the Brand
- Pay Per Campaign Campaign- If a Campaign is set up as ‘Pay Per Campaign, the link provided by the brand is not tracked and at the end of the Campaign. The Influencer undertakes to post the Brand content as in the Campaign Brief, in return for a fixed fee as determined in the Campaign Brief.
- User Account - Once an account has been created with the platform, You will receive a User A ccount. This is issued together with a username and password known as login credentials. Whether You profile is as a brand or an Influencer, You will be required to use these login credentials to access the platform.