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 Influencer Registration Form will be referred to as an ‘Influencer’ and/or as “You”. 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. An Influencer is any individual, person or body corporate who has an above-average media presence which is used to attract, influence and market towards specific and/or generic consumer group, from time to time.
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 to with the scope of being engaged to carry out marketing services and/or activities that include but are not limited to:
- Being available to a number of Brands who may wish to offer their Campaign to You for the provision of Your services;
- Being Engaged by a Brand to carry out any particular Campaign;
- Following Your performance as an Influencer in relation to each Campaign agreed between You and the Brand via Infiltrend;
In order to achieve this Infiltrend shall assist by:
- Providing You with reports of clicks generated by You;
- Calculating sum due to You for specific Campaigns;
- Paying You on behalf of the Brand;
- Influencer 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 Influencer Registration Form is true, accurate and up to date.
- You are either acting in Your personal capacity and/or the owner of the public persona/ media outlet which You shall use in order to promote and/or market the Brands by means of the services and/or activities engaged via the Infiltrend;
- If You are not the owner of the public persona/ media outlet via which You intend to provide services for and/or activities using Infiltrend, You have the full authorization and/or consent of the owner of such public persona/ media outlet to be engaged to provide services and/or activities using Infiltrend.
- You shall hold Infiltrend and/or the Brands 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 provided by You after being engaged via Infiltrend.
- By accepting 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 Brand. As soon as You accept a Brand Campaign You and the Brand are bound by the terms of that Campaign.
- You shall keep photographic evidence of all Campaign posts and shall provide a copy of these to Infiltrend within 48 hours from a request for such evidence. You are required to keep such evidence for one month from the Campaign end date.
- Should You withdraw from any Campaign this would not impact the Your rights to receive payment in relation to services provided in accordance with the Campaign terms prior to Your withdrawal from the Campaign.
- You shall use the Platform in accordance with these T&Cs and the Instructions Guide.
- You shall pay the relative fees indicated in the Payment clause below.
- You shall not directly solicit Campaigns from Brands introduced to You by Infiltrend, or seek to otherwise be engaged by them directly for the provision of services similar to those offered via Infiltrend and all contact with the same Brands shall be via the Website.
- You understand, accept and agree that the acceptance of any Campaign is an agreement between You and the offering Brand and it is solely the Brand which has the obligation to pay You 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 an Influencer, 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 Influencer 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 an Influencer account and You shall receive a username and password by email.
- 2.2 Infiltrend shall provide You with access to the details of Campaigns available to You. While Infiltrend shall use reasonable endeavours to asses and vet the suitability of Brands, Infiltrend does not assume any responsibility for any acts (or omissions) of the Brands.
- 2.3 Infiltrend shall enable You to accept Campaigns made available to You by Brands.
- 2.4 Infiltrend shall track the Clicks generated by the Campaign.
- 2.5 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 the Campaign You accept is a Pay Per Click Campaign, Infiltrend shall
- monitor how many Clicks You have generated for the Campaign;;
- monetize the Valid Clicks (Infiltrend collects both Valid and Invalid Clicks).
- 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.
- Infiltrend shall make payments to the You in accordance with the terms of the Campaign and these T&Cs.
3.2 Pay Per Campaign
Where the Campaign You accept is a Pay Per Post Campaign Infiltrend shall
- Not monitor the Your posts
- Pay the You (on behalf of the Brandr 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 shall charge You the non-refundable sum of representing 25% of the monetized Valid Clicks in a pay per click campaign (excluding VAT) or 25% of the flat rate in a pay per Campaign (excluding VAT) (the “Commission”).
You are aware that by using our platform to accept a Campaign, You must provide us with full details of Your VAT situation. VAT at the applicable rate (if any) must also be paid, should You be a vat -able customer. All Commission and/or VAT thereon owed to, or to be collected by, Venturevate shall be deducted and set off against any sums payable by the Brand to You.
Once a Campaign has ended, Infiltrend has up to 30 days, to pay You in accordance with the Campaign Brief after the deductions indicated above.
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 Influencer 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 Accounts
An account is deemed dormant when the account has a balance in the wallet associated with that account however the account has not been accessed within 12 months. After the 12 months have passed, we will contact You via email and let You know that Your account is still active with funds in the account. If we receive not reply within 2 working days, we will begin to charge a €5 administration fee every month until You re access You account.
- Dormant 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.
- Brand – Any individual, person or corporate who registers and creates an account with the platform through the ‘Brand’ registration form will be referred to as a ‘Brand’. Our definition of a brand is any organization, company or individual who represents a brand, whether product or service based. Marketing agencies are also invited to sign-up and use the platform service under the brand registration.
- Valid Clicks – clicks resulting from a genuine user, a total of 5 clicks are registered per IP address.
- Invalid Clicks- 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 Post Campaign- If a Campaign is set up as ‘Pay Per Post, 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 account. 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.