Advertiser Terms of Use
Welcome to Influenow! By registering as an advertiser on our platform, you agree to be bound by the following terms and conditions.
Please read them carefully before proceeding with the registration process:
In these Terms of Use, the following terms have the following meanings:
(a) "Advertiser" or Agency/Brand includes any person or entity, as well as their duly authorized agents or representatives, who utilize the Influenow Platform to create Campaigns;
(b) "Advertiser Account" refers to an account used for accessing Campaign Manager;
(b) "Campaign" denotes an Influenow Marketing Campaign created by either a Advertiser or Influenow using Campaign Manager, open to Creators through the platform, aiming to find suitable Creators to submit Content to the Advertiser;
(d) "Campaign Budget" represents the monetary amount designated by a Advertiser as the sum they are willing to spend during a Campaign;
(e) "Campaign Manager" designates the desktop platform utilized by Advertisers to create and manage Campaigns featured on the platform;
(f) "Channels" refers to the social media channels owned by an Creator, such as Twitter, Facebook, TikTok, or Instagram;
(g) "Community" pertains to an Creator's social media following on their Channels;
(h) "Content" denotes a Post or any other content or materials uploaded to the Influenow Platform by either a Advertiser or an Creator (excluding any Third Party Material included in a Post or Paid Content that is expressly disclosed to Influenow and the Advertiser);
(i) "Intellectual Property Rights" encompasses all present or future intellectual property rights worldwide, including but not limited to copyrights, patents, trademarks, service marks, trade names, domain names, designs, rights in silicon chip topography, confidential information, know-how, and similar industrial, commercial, and intellectual property rights, whether registered or not, and includes the right to apply for the registration of such rights;
(j) "Influenow" denotes Influenow Sdn Bhd (Malaysia) and all of its subsidiaries, including those in Taiwan, Indonesia, and other countries;
(k) "Influenow Fee" represents the stated fee payable by a Advertiser to Influenow for an approved Post, plus any applicable taxes;
(l) "Influenow Platform" includes the Campaign Manager, and any associated Influenow properties or websites;
(m) "Influenow Materials" refers to the Influenow Platform and any associated materials owned, developed, or licensed by Influenow and made available via the Influenow Platform;
(n) "Creator" refers to a social media user who registers to use the Platform for creating and distributing Posts, receiving compensation for such Posts through the Influenow Platform;
(o) "Creator Account" denotes an account used for accessing the Platform;
(p) "Creator Marketing Campaign" signifies a Campaign created by a Advertiser using Campaign Manager, open to Creators via the Platform, with the purpose of finding suitable Creators to publish Posts about the Advertiser;
(q) "Creator's Identity" includes the name (including username), voice, image, likeness, character, and online persona of the Creator;
(r) "Payment" refers to the payment from Influenow to a Creator for a Post or a payment from a Advertiser to Influenow, as required by the context;
(s) "Payout Fee" represents the fee designated by a Creator as the amount they will charge a Advertiser to share a Post with the Creator's Community via the nominated Channel;
(t) "Post" denotes a social media post created by a Creator to be shared with their Community via their Channels;
(u) "Rights Licence" refers to a license from Influenow to the Advertiser for particular Posts and/or Paid Content, subject to the terms and conditions stated on the Influenow Platform and selected by the Advertiser;
(v) "Third Party Material" includes any material incorporated into a Post or Paid Content that is owned by or licensed from a third party, including material subject to stated, inherent, or industry practice-based use limitations due to the rights of third parties, including but not limited to music rights, rights of personality, talent rights, and similar.
Account Registration and Eligibility:
1.1. To be eligible to register as an advertiser on Influenow, you must represent a brand, company, or organization with the legal authority to enter into a binding agreement.
1.2. By registering, you warrant that all information provided during the registration process is accurate, complete, and up-to-date. It is your responsibility to maintain the accuracy of your account information.
Platform Usage and Scope:
2.1. Influenow provides a platform that allows advertisers to search and hire influencers, Key Opinion Leaders (KOLs), and Key Opinion Consumers (KOCs) for marketing campaigns and collaborations.
2.2. The use of the platform is subject to these terms and conditions, as well as any additional guidelines or policies provided by Influenow.
Search and Hiring of Influencers:
3.1. Advertisers may use the platform's tools and features to search for influencers, KOLs, and KOCs based on specific criteria, such as audience demographics, reach, engagement metrics, and content niche.
3.2. Advertisers are responsible for evaluating and selecting influencers that best match their marketing objectives. Influenow does not guarantee the performance or outcomes of any collaboration between advertisers and influencers.
3.3. The terms of engagement, deliverables, and compensation between the advertiser and the selected influencer shall be negotiated directly between the parties involved.
Content and Campaign Guidelines:
4.1. Advertisers are solely responsible for the content and materials they provide to influencers for marketing campaigns.
4.2. Advertisers shall comply with all applicable laws, regulations, and industry guidelines, including those related to influencer marketing, advertising, and endorsements.
4.3. Influenow reserves the right to review and approve the content and creative materials submitted by advertisers before it is shared with influencers.
4.4. Content that is found to be misleading, deceptive, offensive, or in violation of any laws or regulations may be rejected by Influenow and result in the termination of the advertiser's account.
Influenow Campaign, Payment and Fees:
With respect to Influenow Marketing Campaigns, Advertiser acknowledges and agrees that the Advertiser’s use of any social media post is strictly conditional upon payment of the Payout Fees and Influenow Fees and then only in accordance with these Terms of Use.
5.1. Upon payment of the Payout Fees, Influenow Fees and of any additional charges, costs, and expenses to be paid by the Advertiser to Influenow, Influenow will grant to the Advertiser a non-exclusive license to use the content of the Post worldwide for up to one year from the date of the publication of the Content on the following terms:
(a) the Post must only be used as a whole, in the form and arrangement delivered to the Advertiser by Influenow;
(b) the Advertiser may share, comment, re-post and/or repurpose the content of the Post; and
(c) the Advertiser must not modify the content of the Post in any way without the prior written consent of Influenow.
5.2. Influenow has the right to cancel, suspend, restrict services to and/or terminate a Advertiser’s Account if Influenow believes (in its sole discretion) that the Advertiser is not using the Influenow Platform in a fair and reasonable way, or are attempting to use the Influenow Platform in a way which does not treat the Influenowers or the Influenow Platform in a fair and reasonable way and/or in accordance with the purposes for which the Influenow Platform were intended.
5.3. You agree to pay Influenow all fees and charges made to your Advertiser Account for agreed Payout Fees and Influenow Fees and use of the Influenow Platform, in accordance with these Terms of Use.
5.4. You must pay all charges in the manner set out in Campaign Manager or as otherwise advised by Influenow in writing from time to time. If no manner for payment is stated, the payment may be made by bank transfer using a provider authorised by Influenow. Influenow reserves the right to charge a surcharge fee, if necessary.
5.5. Advertisers and/or Brand/Agency may request that Influenow issue a quotation or invoice for fees and charges expected to be incurred by the Advertiser or Agency during the course of a Campaign (“Invoice”), prior to the commencement of the Campaign.
5.6. Influenow reserves the right to refuse any Invoice request in its sole discretion.
5.7. Where no terms of payment are stated on a quotation or an invoice or otherwise agreed with Influenow in writing, the following standard payment terms apply:
(a) 30 days from date of invoice for approved Advertisers and Agencies.
(b) Should the Advertiser or Agency cancel the campaign or campaigns at any time after a quotation is signed, the Advertiser or Agency must immediately pay Influenow a sum equivalent to 100% of the Influenow Fee.
(c) All amounts that remain unpaid after their respective due dates will accrue interest at the rate of 2% per month.
5.8. Where a Advertiser or Agency is approved to pay by invoice, the Advertiser or Agency must provide Influenow with a purchase order or insertion order (or similar) approving the fees and charges to be included on the Invoice and including a purchase order or insertion order number. Influenow may, in its sole discretion, accept written confirmation (including via email) approving an invoice in lieu of a purchase order or insertion order being provided.
5.9. Fees and charges paid to Influenow pursuant to an invoice will be allocated to the relevant Campaign as credit for use in that Campaign (“Credit”).
5.10. Payment of all Invoices is due in accordance with these Terms of Use.
5.11. In the event of failure to pay any charges or unsuccessful payment processing within the required timeframe, you shall be liable for interest at a rate of five per cent (5%) per month on the outstanding amount from the due date. Additionally, you may be responsible for all reasonable expenses incurred by us as a result of such late payment, including but not limited to costs related to the recovery of unpaid amounts. We reserve the right to withdraw credit facilities, if applicable, or revoke your access to the Influenow Platform. Furthermore, in case of failure to pay charges within the specified timeframe and manner, we retain the right to suspend or terminate your access to the Influenow Platform and any ongoing Campaigns.
5.12. Advertiser/Brand acknowledges and agrees that offering a product, service, or any non-monetary arrangement to a Influenower as partial or full payment for a Creator's Post is not permissible.
5.13. Influenow, at its sole discretion, reserves the right to reject Campaigns that do not comply with these Terms of Use.
5.14. You agree not to negotiate terms or payment with Creators outside the Influenow Platform. Any attempt to circumvent the Influenow Platform may lead to the Advertiser's removal from the platform at the discretion of Influenow. Each Post shall have a designated Payout Fee, and Advertiser/Brand and Creators may not bypass the Payout Fee by negotiating multiple Posts. In the event of such a breach, you acknowledge that you are liable for reasonable charges and penalties as determined by Influenow.
5.15. You must refrain from attempting to instruct, coerce, or manipulate Creators to conceal the commercial relationship between the Brand and the Creators. Such attempts may result in the immediate removal of the Brand from the Influenow Platform.
5.16. You acknowledge and agree that your right to use a Post is strictly limited in accordance with these Terms of Use. Notably, you must not use a Post in any form of paid, sponsored, or promoted advertising, including within the social media channel upon which the Post was published (e.g., via Facebook Power Editor). If you wish to use a Post other than in accordance with these Terms of Use, you must directly contact Influenow at the contact details provided in these Terms of Use. Additional fees may apply.
5.17. You warrant that:
(a) You own the Intellectual Property Rights in the Content you upload to the Influenow Platform and have the right to license the Content to Influenow and Creators in the manner set out in these Terms of Use; or
(b) You have the right to license the Content to Influenow and Creators in the manner set out in these Terms of Use; and
(c) You will not encourage or facilitate any misrepresentation or suggestion that the Advertiser/Brand or any entity has the approval or sponsorship of any other entity that the Advertiser/Brand or entity does not have;
(d) Any Content you upload to the Influenow Platform does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading, or deceptive; and
(e) Where the Posts include Third Party Material, you will strictly comply with any use limitations notified to you regarding the Third Party Material and will obtain all licenses required for your intended use of the Post before using such Post, including obtaining any licenses required with respect to the Third Party Material.
5.18. In the event a Influenower meets the requirements outlined in a Campaign, and you approve the Post, you shall not deny Payment to Influenow for the Post. Influenow is not responsible for identifying any breach of these Terms of Use by a Influenower.
5.19. Advertiser/Brand agrees that Influenow is not responsible for any aspect of the Brand's Content to be reviewed, shared, sponsored, or advertised by Creators. Advertiser or Brand acknowledges and agrees that Influenow is not responsible or liable for the content of any Post.
5.20. Advertiser/Brand acknowledges that Creators are independent third parties and are not directly controlled by Influenow. Consequently, any Posts may inherently carry the risk of negative or unflattering comments about the Brand's content, products, or services. Brand specifically acknowledges and agrees that Influenow has no control over any Post that may be published, and the Brand is solely responsible (and assumes all liability and risk) for determining whether such Posts are acceptable and appropriate for the Advertiser/Brand.
5.21. You acknowledge that Influenow has not made any warranties regarding the success of any Campaign concerning your business or commercial performance or any aspect of any Post, Campaign, Channel, or other media, marketing communications channel, marketing or advertising campaign, promotion, or advertisement.
Account Security:
6.1. Advertisers are responsible for maintaining the security and confidentiality of their account credentials. You agree not to share your account information with third parties and to notify Influenow immediately in case of any unauthorized access or suspected breach.
Code of Conduct:
7.1. Advertisers agree to conduct themselves professionally and ethically when using the platform and interacting with influencers.
7.2. You will not engage in any fraudulent, deceptive, or harmful activities that could negatively impact Influenow, influencers, or other advertisers.
Account Termination:
8.1. Influenow reserves the right to suspend or terminate an advertiser's account at any time without prior notice if the advertiser violates these terms and conditions or engages in any behavior that is harmful to the platform, influencers, or other users.
Intellectual Property:
9.1. All intellectual property rights in the content and materials provided by Influenow, influencers, and advertisers shall remain with their respective owners.
9.2. Advertisers grant Influenow a non-exclusive, worldwide, royalty-free license to use, display, and promote any content or materials submitted through the platform for marketing, promotional, or business purposes.
Governing Law and Jurisdiction:
10.1. These terms and conditions shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law principles.
10.2. Any disputes arising from or related to these terms and conditions shall be subject to the exclusive jurisdiction of the courts in Malaysia.
By clicking the "Register" button, you acknowledge that you have read, understood, and agree to abide by the above terms and conditions.
