Influencer Terms of Service Update: 21 August 2018
ARTICLE 1. Purpose of the INFLUENCER TERMS
The company ROCKET MARKETING, hereinafter referred to as “REECH” for the purpose of these terms, is a simplified joint stock company with capital of 304,453.38 euros, registered with Nanterre Trade and Companies Register under number 791 012 131, and whose registered office is at 46 Place Jules Ferry - 92120 Montrouge.
REECH offers an online Platform allowing individuals to register as Influencers in order to be potentially contacted and selected to enter into and carry out Influence Operations.
These Terms of Service (hereinafter “INFLUENCER TERMS”) define the general operating terms and conditions of the Platform, Services, and the conclusion, implementation, and execution of the Influence Operation by the Influencer, with all the legal consequences thereof.
ARTICLE 2. Scope of the INFLUENCER TERMS
By registering on the Site or Platform and/or using the Site and/or Platform, the Influencer expressly acknowledges acceptance of and to being bound by the INFLUENCER TERMS, unreservedly and in their entirety.
MINORS must receive PRIOR CONSENT from their parents or legal representatives BEFORE registering on and using the Platform. This also applies to accessing and using the Services.
In accordance with the provisions of Article 8 of Regulation 2016/679 on the protection of personal data and Article 7-1 of the French “Loi Informatique et Libertés” law of 6 January, 2018, amended on 20 June, 2018, MINORS under the age of sixteen (16) years wishing to subscribe to the Services offered on the Site or Platform may only do so with the consent of the holder(s) of parental responsibility over the child.
In any event, the parents or legal representatives remain solely liable for any torts by the minors over whom they hold authority and any harmful consequences resulting from the use of the Platform and/or Services by the minors. MINORS, THEIR PARENTS, AND LEGAL REPRESENTATIVES ARE ASKED TO READ THESE INFLUENCER TERMS CAREFULLY.
ARTICLE 3. Definitions
Advertiser: any natural or legal person who has registered for a REECH service to benefit from, through Influencers, an Influence Operation aiming to promote his or her products, services, or brand or the products, services, and brands of his or her own customers. The term “Advertiser” can be replaced on the Site or Platform by “Agency” or “Brand”, which have no legal definition regarding positive law in this context.
Access Code: personal and confidential access code, composed of a user ID and password, enabling the Platform to identify the Influencer and the latter to access his or her account.
Influencer Terms: general operating terms and conditions of the Platform, Services, and the conclusion, implementation, and execution of the Influence Operation by the Influencer.
Special Conditions: terms and conditions of the conclusion, implementation, and execution of the Influence Operation specifically agreed between the Influencer and REECH in the Offer or the Deal. The Special Conditions also include the conditions proposed by REECH and agreed to by the Influencer or proposed by the Influencer and agreed to by REECH, following exchanges via the Platform between these parties and which clarify or amend the Deal.
Contract: contractual agreement between REECH and the Influencer, constituting the INFLUENCER TERMS, and, in the event of a Deal, the INFLUENCER TERMS and Special Conditions.
Deal: contractual agreement between REECH and the Influencer in order to carry out an Influence Operation. The Deal is subject to these INFLUENCER TERMS and the Special Conditions agreed upon by the Parties, all of which constitutes the Contract.
Influencer: any natural or legal person, with the ability to act, using his or her influence on the Internet, particularly on social media platforms, his or her site, or blog, and registered on the Platform in this capacity. This includes any natural or legal person legitimately authorized to represent or contract on behalf of his or her customer (Influencer), independent of REECH, under various legal statuses (employees, agencies, various service providers, etc.).
Offer: an Influence Operation proposal including Special Conditions and subject to the INFLUENCER TERMS. The Offer becomes a Deal once the Influencer has accepted it by approving it.
Influence Operation: operation which entails promoting a brand, a product, or other, carried out or to be carried out by the Influencer and described in an Offer or a Deal.
Platform: Software as a service (SaaS) made available to Influencers by REECH, accessed via an Internet browser, and with the purpose of enabling the multi-criteria automation of Influencer profile searches, selecting those corresponding to the needs of REECH for its Advertiser customers, enabling the secure tracking and traceability of any exchanges between REECH and the Influencers, and ensuring the payment methods of closed Deals where necessary.
Post: any digital content published by the Influencer on the Internet based on the Deal.
Services: all of the services offered by the Platform.
Site: the Internet site accessed via www.reech.com.
ARTICLE 4. Statement of Mutual Independence
The Influencer and REECH state complete mutual independence.
The Contract has neither the aim nor the effect of associating and/or confusing the respective activities of the Influencer and REECH, and in no way constitutes a mandate between them nor any kind of representation contract whatsoever, with the exception of the right to invoice as defined in the INFLUENCER TERMS, strictly limited to and necessary for the fulfilment of the agreed invoicing obligations.
Neither should the Contract be considered as a contract of employment.
The Influencer and REECH each retains the task and sole control of all decisions regarding social, accounting, fiscal, and legal matters in broad terms. Default, even partly, of one of the Parties in these matters will in no way give rise to the liability of the other Party. The Influencer acknowledges in particular that his or her activity may be subject to social or tax provisions and that it is his or her responsibility to respect these.
ARTICLE 5. Rights and Obligations of the Influencer
5.1. Registering as an Influencer
The individual wishing to acquire the status of Influencer on the Platform registers directly online, free of charge, by creating an account for which he or she sets his or her Access Codes.
He or she acknowledges that agreeing to the INFLUENCER TERMS is a mandatory step in his or her registration and that he or she has the responsibility to confirm these, after reading them, according to the methods detailed on the Platform. REECH recommends and allows the individual to download and print them.
When the Influencer registers on the Platform, he or she undertakes to provide only exact, true, accurate, current, and complete information, including on his or her profile. The Influencer undertakes in particular not to use a pseudonym in his or her email address or images or photos in his or her profile which may infringe upon the rights of third parties (especially the use of another person’s last name, pseudonym, brand, or works protected by copyright and/or related rights) in any way or for any reason whatsoever.
Thereafter, the Influencer undertakes to verify and update his or her information whenever there is a change of circumstances.
REECH has the right, in accordance with its legal obligations, to verify that the data is accurate, complete and, where necessary, updated. REECH may thus contact the Influencer to check this and may need to complete the Influencer profile.
REECH reserves the right to accept or refuse to approve a registration, on a discretionary basis and without having to justify its decision, without recourse or compensation to the Influencer.
If the registration is approved, the Platform sends the Influencer a confirmation of the registration, without delay and by email to the email address provided by the Influencer.
The registration approval grants the status of Influencer on the Platform and activates the account online, which allows the individual to use the features corresponding to this status and access to the related Services.
If REECH is aware or learns that all or part of the information provided during the registration is false, inaccurate, outdated, fabricated, or incomplete, it reserves the right to close the Influencer account, without prior notice to the Influencer who cannot claim any damages or compensation whatsoever on this ground. REECH furthermore reserves the right to take any legal action that it considers necessary.
The Influencer acknowledges that his or her Access Codes are strictly personal and confidential. He or she undertakes not to reveal them to any third parties and to protect them, under his or her sole and full responsibility. He or she accepts that any action (connection, use of the Platform, accepting an Offer or Deal, message exchanges, credit withdrawals, etc.) made from his or her account using his or her Access Codes is attributable to him or her and he or she is personally responsible.
The Influencer accepts that the approval of his or her registration does not imply in any case or at any time that he or she will be contacted and/or selected for Offers or Deals.
5.2. Technical and Legal Requirements
It should be noted that MINORS must receive PRIOR CONSENT from their parents or legal representatives BEFORE registering on and using the Platform. This also applies to accessing and using the Services, particularly entering into and carrying out Deals, in accordance with Article 2 of the INFLUENCER TERMS.
The Influencer confirms his or her full legal capacity, in his or her own name or by virtue of a mandate empowering any third party to contract and use the Platform, such as the agents, various representatives, associates, or employees of said Influencer.
The Influencer acknowledges to having been informed that he or she is solely responsible for his or her membership to social media platforms and the communication channels/media/tools that he or she uses (including Facebook, Twitter, blogs, YouTube account, etc.). He or she is solely responsible for agreeing to and respecting the related terms of service where appropriate. More specifically, the Influencer acknowledges to having been informed that the publication or reproduction of visual elements from said networks and platforms on the Platform or any other media used by the Influencer is only binding on said networks and channels or tools used and the Influencer releases REECH in this respect and in any point from any liability, REECH being a third party to contractual relationships that may exist between the Influencer and social media platforms or other.
The Influencer accepts that the Platform may require technical requirements (connection speed, formats, etc.). He or she accepts that any charges related to his or her use of the Platform and linked to carrying out the Deal, such as those related to Internet or computers, mobiles, tablets, or any other charges related to any other communication channel or tool (subscription to services provided by a third party, software purchases, etc.) are at his or her sole charge.
The Influencer is expressly informed and understands that it is his or her responsibility to ensure that he or she has the administrative, practical, and technological solutions enabling him or her to withdraw his or her earnings in accordance with the Influencer Terms. Failing that, it is his or her responsibility not to accept deals of a financial nature as he or she cannot be paid.
5.3. Use of the Platform by the Influencer
The Influencer undertakes to use the Platform in good faith, respecting the rights of other Influencers and the Advertisers and in particular not to seek or solicit unsuitable, inappropriate or abusive relationships or contact.
The Influencer undertakes that his or her use of the Platform does not in any way violate:
- the rights of third parties (such as privacy rights, intellectual or industrial property rights including brands, designs, models, patents, know-how, etc.);
- the laws and regulations in force in France, his or her country of residence, or the country in which the data is to be received.
The Influencer confirms to hold all the necessary rights for posting content on social media platforms, his or her site, blog, or other digital platforms, and, by registering, authorizes REECH to reproduce them, in whole or part, on the Platform or other channels or media within the framework of the Contract.
This data, as well as any content of any type, whether from social media platforms (Facebook, Twitter, etc.), or any sites or blogs on the Internet, including via third-party digital tools, automatically retrieved by the Platform, be it synthetic or identical, to be published for information purposes, are not verified by the Platform. The conformity of said data and content must be verified by the Influencer, and in no case is REECH responsible for any error in its display. More generally, the User is solely responsible and releases REECH from any liability action based directly or indirectly on the use of said data and/or content.
The Influencer undertakes to ensure that his or her use of the Platform does not contain any viruses, damaging routines, or programs likely to cause damage to the individuals or their property. The Influencer undertakes to take all appropriate measures to protect the data, applications, software, and other items stored on his or her computer and technological equipment, from being contaminated by viruses such as intrusion attempts into his or her computer system by third parties or any unauthorized individual.
5.4. Offer Proposals and Closing Deals
5.4.1. General Information
The number, nature, quality of contact, visibility, Influence Operations, Offers and/or Deals are not guaranteed for the Influencer.
The Influencer accepts and understands that the contact name used by REECH and mentioned in the exchanges between REECH and the Influencer, via the Platform, may respond to ergonomic naming constraints. The name used thus has no legal significance, with REECH maintaining its status as co-contractor.
5.4.2. Offer Management
REECH is free to propose at any time, via the Platform, an Offer to one or more Influencers respectively. The Platform ensures the transmission, security, and traceability of the aforementioned exchanges.
Any recipient of an Offer is free to accept or decline it. If declined, he or she may, using the elements of this Offer, propose a Counter-Offer, considered in every respect as a new Offer. This new Offer must be transmitted by the Influencer via the Platform in response to the initial Offer. REECH decides whether or not to approve this.
The acceptance of an Offer by the Influencer is made official by clicking, from his or her account, on the “Accept the Offer” check box. This confirmation is deemed equivalent to a signature.
An Offer legitimately sent by one party and accepted by the other becomes a Deal. The Platform records the confirmation of Offers.
5.4.3. Binding Force of the Deal and Terms
The agreement between REECH and the Influencer, who have expressed their consent to the act by proposing the Offer on the one hand, and then confirming it on the other, becomes a Deal which constitutes a formal binding contract. This agreement is subject to the INFLUENCER TERMS and the Special Conditions agreed between the Parties, and constitutes the Contract between them.
The Influencer understands that by accepting the Deal, he or she accepts the provisions, terms, conditions, rules, and restrictions defined in the Contract .
The Influencer undertakes to carry it out in good faith and to respect all the consequences which the law and the Contract assign to it, as a result of the acceptance. In particular, the Influencer agrees to publish content according to the terms defined in the Deal.
5.4.4. Post Management
220.127.116.11. Post Storage Period
The Influencer undertakes to store an exact copy of all Posts (tweets, pins, Facebook posts, blog articles, etc.) for a duration of one (1) year from the date of publication, on all digital platforms agreed to, linked to an Influence Operation, unless otherwise specifically and expressly agreed in the Deal’s Special Conditions.
The Influencer understands and undertakes to ensure that his or her Posts are published in the same way as non-sponsored Posts would be (orphaned and hidden Posts are strictly prohibited).
The suspension or termination of this obligation can only be justified by a case of force majeure, as defined in the INFLUENCER TERMS, freeing the Influencer, where appropriate, from his or her responsibility.
18.104.22.168. Identifying Posts for Advertising Purposes
For the proper use of the Platform and to ensure compliance with applicable advertising legislation, REECH informs the Influencer that it is his or her responsibility to look into the subject of and comply with any law applicable to his or her circumstances, be it national and/or foreign, regarding the publication of content for advertising purposes.
Thus, for all practical purposes, it is clearly stated that in France, in accordance with article 20 of the French Law for Confidence in the Digital Economy, any message/content posted for advertising purposes must be clearly identified as such. This obligation of identification must be respected, both on the Platform and all publishing platforms on the Internet. Posts with this status must therefore be systematically accompanied by the appropriate mention, for example, #ad, #sponsor, “sponsored article", “advertorial”, etc., or other forms which may be specified in the Special Conditions.
ANY FAILURE OF THE INFLUENCER TO COMPLY WITH THIS OBLIGATION IS HIS OR HER SOLE REPSONSIBILITY AND THE INFLUENCER DOES NOT HOLD REECH LIABLE IN THIS MATTER AND GUARANTEES IT AGAINST ANY ACTION ON THIS GROUND.
5.4.5. Transfer of Intellectual Property Rights
The Influencer transfers, on a non-exclusive basis, to REECH, which consents to this, the material and intellectual ownership (property rights) of the Works he or she creates or created for the Deal. The Influencer remains the sole holder of the moral rights of his or her Works.
Considered herein as Works are all Posts and other content for Influencer Operations created by the Influencer.
The Influencer accepts that the scope of the transfer is understood in its broadest sense and without any reservation whatsoever. The rights granted constitute the totality of the rights of use, reproduction, and representation, and so-called “secondary” rights including recording, downloading and copying rights, adaptation rights, communication rights, translation and commercialization rights, as well as broadcasting and advertising rights, free of charge or for a fee, for the Work or Works on any kind of media, in any format, and for any kind of network (including the Internet, extranet, intranet, etc.), and for any other technology as yet unknown. The Influencer acknowledges having been informed and accepts in particular that REECH can in turn transfer the rights granted to it by the Influencer to the advertiser referred to in the Deal, without the Influencer being able to oppose it, or claim for compensation or payment, other than that specified in the Deal.
It is expressly accepted that this transfer clause does not negate the obligation of the Influencer to reproduce and broadcast his or her Posts, as agreed in the Contract.
This transfer commits both the Influencer and his or her assignees. It is granted for the duration of the intellectual property rights under current or future French, European, and foreign laws and international conventions, including any extensions that may be made to this duration.
This transfer can be made either free of charge or for a fee. In the latter case, it is expressly agreed that the compensation or payment set in the Deal includes by right the transfer of intellectual property rights as defined in this provision and any other form of compensation or payment in this respect is excluded.
THE INFLUENCER ENSURES PEACEFUL AND FULL ENJOYMENT OF ALL THE RIGHTS GRANTED TO REECH. MORE SPECIFICALLY, THE INFLUENCER UNDERTAKES TO PROVIDE REECH WITH LEGALLY ACCESSIBLE WORKS ALLOWING IT TO EXPLOIT HIS OR HER ELEMENTS OF COMMUNICATION FREELY AND FULLY. THIS OBLIGATION IS AN OBLIGATION OF RESULT. IN THE EVENT OF FAILURE TO COMPLY, THE INFLUENCER WILL INCUR SOLE AND FULL CONTRACTUAL AND CRIMINAL LIABILITY.
5.4.6. Image Rights
The Influencer expressly authorizes REECH to use his or her image freely (including videos and photos) as well as any other element of his or her identity (including last name, first name, pseudonym, etc.), in the context of his or her use of the Platform, notably for promoting the Influencer or the Services or for broader commercial purposes, as well as for carrying out the closed Deal(s), for any known or as yet unknown technical processes (graphic, photographic, digital, etc.), for any media in any format, for unlimited use, in whole or part. THE INFLUENCER ACKNOWLEDGES THAT THIS AUTHORIZATION CONSTITUTES AN OBLIGATION ESSENTIAL TO THE CONTRACT AND THE CONFIRMATION OF THE INFLUENCER TERMS DURING HIS OR HER REGISTRATION AND THE ACCEPTANCE OF EACH DEAL ENTAILS THIS AUTHORIZATION OF USE.
The Influencer acknowledges having been informed and understands that REECH may grant said authorization to any third party of its choice, notably to the Advertiser in the context of a Deal.
This authorization is also granted for archiving and broadcasting.
This authorization is granted without restriction of time and space.
The Influencer undertakes to obtain any authorization from third parties to the Contract for the images he or she will use (photos, videos) during his or her use of the Platform or to carry out a Deal.
The Influencer understands and accepts that, by default, the authorization referred to in this clause is granted to REECH free of charge. Any agreement to the contrary can only result from the stipulations expressly agreed by the Parties in the context of the Special Conditions. Furthermore, and in any event, IF THE DEAL IS CLOSED AGAINST COMPENSATION OR PAYMENT, IT IS EXPRESSLY AGREED THAT THE COMPENSATION OR PAYMENT SET IN THE DEAL INCLUDES BY RIGHT THE AUTHORIZATION OF THE USE OF THE IMAGE AND ANY OTHER PART OF THE INFLUENCER’S IDENTITY AND ANY OTHER KIND OF COMPENSATION OR PAYMENT IS EXCLUDED .
ARTICLE 6. Rights and Obligations of REECH
6.1. Obligations regarding the Technical Features of the Platform
REECH makes every effort to ensure that the Platform offers the following features:
- Enable the selection of and initial contact with the Influencer. In this regard, the Platform incorporates “smart” search tools which optimize the match between the Influencer profile and REECH customers’ needs. The quality and performance of searches on the Platform are thus partly based on the relevance of the information provided in the Influencer profile by the Influencer. This search tool remains a simple way to help select Influencers and REECH has sole competence in the final choice of the Influencer.
- Make tracking exchanges between the Influencer and the REECH teams easy and secure,
- Make Offer proposals between the Influencer and the REECH teams easy and secure,
- Make entering into and carrying out the Deal(s) between the Influencer and the REECH teams easy and secure,
- Ensure the traceability and storage of the exchanges, Offers, and Deals between the Influencer and the REECH teams,
- Ensure the proper execution and the security of transfer orders and authorized payments in accordance with the terms set out in the Contract.
6.2. Maintenance Right
REECH makes every effort to ensure that the Site and Platform remain accessible, at all times, for a normal volume of users.
Nevertheless, REECH reserves the right, at any time, to suspend or stop all or part of the Site or Platform, even without prior notice, for any reason, and in particular for maintenance on the Site or Platform. REECH cannot be held liable for any loss and/or damage whatsoever that may be caused by the suspension, interruption, disruption, slowing down, difficulty accessing, inaccessibility, and/or termination of all or part of the Site or Platform.
6.3. Influencers Support
A support service for Influencers is offered via a medium accessed through the Platform. The Influencer can also send an email to firstname.lastname@example.org.
Where appropriate, REECH shall make every effort to respond to any support request within five (5) calendar days.
REECH reserves the exclusive right to include the requests or not, on a case-by-case basis, in the scope of its intervention, and to propose, or even impose, an extended deadline to properly respond to the Influencer’s request, be it because the response requires more thorough research or because it requires the intervention of an external (technical) service provider. In this latter case, REECH has no obligation and reserves discretionary power whether or not to proceed, without incurring any liability.
6.4. Role in Influence Operations
REECH will make every effort to clearly and reasonably define the nature of the service expected from the Influencer. Any information deemed useful by the REECH team in contact with the Influencer will be communicated to the Influencer to help him or her carry out the Deal.
REECH reserves the right to refuse the Influence Operation proposed or carried out by the Influencer where this does not correspond to the commitments described in the Deal. REECH undertakes to justify its decision. The Influencer undertakes to accept said decision and understands that the Deal will be deemed not to have been carried out with any legal consequences related thereto pursuant to the Contract.
6.5. REECH’s Intellectual Property Rights
6.5.1. Regarding the REECH Brand and Other Distinctive Signs
This article recalls the exclusive ownership of the intra-Community brand “Reech” (no. 14292726), granted to the company Rocket Marketing SAS, which holds a monopoly on its exploitation, pursuant to article L 713-1 of the French Intellectual Property Law. The breach of these rights may lead to legal proceedings, particularly for infringement.
Therefore, any reproduction, use, affixing, or imitation, in whole or part, in any form and for any reason whatsoever, of elements constituting or potentially representative of this brand (texts, name, design, image, logo, slogan, and any other element) is prohibited without prior and express consent from REECH.
6.5.2. Regarding the Site and Platform
The Site was created directly by the company Rocket Marketing SAS, of which it is the full property in its entirety (e.g. texts, logos and designs, videos, codes, figures).
Any reproduction, representation, diffusion, sale, transfer, broadcasting, supplying to third parties of the Site or Platform, including any platforms related to these and accessible, in whole or part, by any means and on any media, is prohibited without prior and express consent from REECH. Failure to comply with this requirement constitutes infringement which may give rise to the liability of its author.
6.5.3. Regarding the Domain Name
The following domain name is protected as a result of its registration and commercial exploitation: www.reech.com.
The commercial exploitation of the names and distinctive signs of said brand, the domain name, in general of the aforementioned trade names, harmful to REECH by the creation of any form of confusion in the mind of the public, may lead to legal proceedings for unfair competition and/or trademark infringement in accordance with current procedures.
ARTICLE 7. Liability - Limits - Exclusions - Guarantees
Each Party accepts that any failure to fulfil its obligations under the Contract incurs its contractual liability in accordance with the conditions, terms, and limits defined in the Contract as a whole.
More specifically, the Influencer accepts and understands the following provisions.
In the event that the Influencer fails to fulfil his or her obligations, REECH may require that the former pays any compensation for direct or indirect damage encountered as a result of this failure, and in any case, the least that can be expected being:
- REECH may suspend the execution of the payment of credits, if this has not yet taken place, for as long as the Deal has not been properly and fully carried out by the Influencer,
- the Influencer will have to refund REECH in full the amounts received for the Deal and corresponding to the amount of the transaction, if they have been withdrawn from the Influencer’s account.
The use of the Platform and Services by the Influencer is done at his or her own risk and under his or her sole responsibility . In particular, the sending of certain data, such as emails, personal information, banking information, and more, is always done at his or her own risk. REECH, which makes every effort to ensure that the transfer of this data by the Platform is protected, cannot be held liable for any damage resulting from the loss of certain data and/or the interception of said data by a third party.
The Influencer guarantees REECH against any legal proceedings related to the use of the Platform and Services as well as the carrying out of a Deal, which includes, the content of the Influence Operations and Posts, as well as their distribution and publication, especially if the content and/or distribution and/or publication constitutes a failure to comply with the general or special terms and conditions applicable to third-party platforms (including social networks), and/or any laws in effect and/or rights of third parties (notably intellectual property rights and image rights). THE INFLUENCER IS THEREFORE SOLELY RESPONSIBLE FOR DAMAGE AND LOSSES, WHETHER DIRECT OR INDIRECT, TANGIBLE OR INTANGIBLE, WHICH MAY RESULT FROM A FAILURE TO COMPLY AND THE INFLUENCER UNDERTAKES TO GUARANTEE REECH AGAINST ANY REQUEST, CLAIM, AND/OR ORDER TO PAY DAMAGES TO WHICH REECH MAY BE SUBJECT (INCLUDING LEGAL FEES THAT REECH MAY INCUR), WHEN THE REASON, GROUNDS, OR ORIGIN OF THIS MAY BE THIS FAILURE TO COMPLY.
REECH will in no case be held liable for any direct or indirect damage or unforeseeable losses which may result from any defect, virus, access or transmission delay, interruption, or loss of data or files. By express agreement, any moral or commercial damage, damage to reputation, shortfalls, loss of turnover, orders, profits, customers, income, loss of or damage to files or data, and any action taken against the Influencer by a third party, and the resulting consequences, are considered as indirect damage. “Unforeseeable losses” include, in particular, any misunderstanding or misinterpretation by the Influencer.
MORE GENERALLY, REECH IS NOT RESPONSIBLE FOR ANY INFLUENCER OR ADVERTISER.
REECH does not accept any liability whatsoever for any direct or indirect damage experienced by the Influencer when using the Platform or Services, resulting from the existence and the possible application of any foreign laws restricting the access or connection to the network and/or digital content.
IT IS EXPRESSLY AGREED THAT IF REECH’S LIABILITY IS PROVEN, AND REGARDLESS OF CAUSE, THE AMOUNT OF COMPENSATION FOR THE DAMAGE AND/OR LOSSES EXPERIENCED BY THE INFLUENCER SHALL NOT EXCEED IN ANY CASE THE AMOUNT OF PAYMENT AGREED IN THE RELATED DEAL.
ARTICLE 8. Force Majeure
Neither of the Parties can be held responsible for the failure or delay in the execution of one or more of their obligations under the Contract resulting from the occurrence of a case of force majeure according to the law in force, in other words resulting from unforeseeable, unavoidable, and independent circumstances beyond the Parties’ control, despite all their reasonable efforts, and within a maximum timeframe of three (3) months from its occurrence.
In this case, the Parties agree that the suspension of their obligations is neither Party’s fault and lasts for the entire duration of the force majeure. At the end of this period, the mutual obligations are once again applicable under the same conditions.
As far as possible, the Parties undertake to notify each other of the awareness of such circumstances within ten (10) days from its occurrence, and to present, if possible and on their own initiative, all documents proving this situation.
If the force majeure experienced by one or both of the Parties exceeds three (3) months, the Parties are entitled to treat their mutual obligations as void and the Contract shall be deemed to be terminated, without prejudice to any legal action resulting in an alternative solution.
ARTICLE 9. Personal Data
Each Party assumes responsibility for their obligations under the regulation on the protection of personal data, in particular Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and the free movement of such data and under the French law No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties.
REECH takes appropriate measures to ensure the protection and confidentiality of the personal information that it holds or processes in accordance with the provisions of the applicable regulation. REECH collects data during the subscription to the Services and the use of Services by the Influencer which is handled by computer processing.
In this context, REECH is the data controller and has appointed a Data Protection Officer whose contact details are available here.
REECH undertakes only to collect data that is strictly necessary for the purposes of the processing done. Data is collected directly from the data subject through commercial documents or collection forms.
The company ROCKET MARKETING informs the data subject on the collection form that the data requested are mandatory to provide its service. Where appropriate, the term “optional” is stated. Failure to complete the mandatory fields may affect the ability of the company ROCKET MARKETING to offer its products and services to its customers or prospective customers.
Data is collected by REECH to ensure the performance of the contract in question and more precisely for the provision of services, the management of Influencer accounts and performance of any direct marketing operation.
Influencers’ data is stored until the termination of Services plus the mandatory storage periods for accounting and the legal limits in accordance with regulation. Data may also be processed for marketing purposes and may be done so for up to 3 years after the end of the contract, unless the Influencer objects to this.
The recipients of the data are the persons responsible for the marketing department and/or sales department, the departments dealing with customer relationship management and prospecting, administrative departments, IT and technical departments and their hierarchical superiors.
REECH does not loan or sell Influencers’ personal data, including for commercial prospecting. However, personal data may be processed in the name of and on behalf of REECH by trusted service providers.
The individual rights of access, to rectification, deletion, restriction, additional information, and, where appropriate, objection of the Influencers to commercial prospecting or profiling, as well as the right to provide specific and general instructions relating to the storage, deletion and communication of data post mortem, and the right to data portability, may be exercised by sending a letter by post with their last name, first name, address, telephone number, a copy of their ID, and, where appropriate, proof of their role to: ROCKET MARKETING 46 place Jules FERRY 92120 MONTROUGE FRANCE.
Influencers, natural persons, also have the right to lodge a complaint with the CNIL (French Data Protection Authority).
ARTICLE 10. Confidentiality
Each Party undertakes to use appropriate means to keep absolute secrecy regarding the information and documents identified as confidential by the other Party and to which the Party has access throughout the Contract.
By default and unless otherwise expressly stated in the related Offer or Deal, it is expressly agreed that the following is deemed “Confidential Information”:
i) the special Conditions of the Contract,
ii) the data related to the results of the Deal (such as the number of clicks, readings, downloads, conversions, marketing reach of the Deal, etc.),
iii) the elements arising from the partnership between the Advertiser and REECH which the Influencer may become aware of during the execution of the Contract,
iv) the information and documentation related to the Contract, including in particular the information regarding the activity, commercial secrets, processes, know-how, or methods used by the other Party in the context of its activities, obtained by the other Party under or in the context of the Contract.
The Influencer accepts not to copy or disclose any Confidential Information to any third parties without prior and written consent from REECH.
The Influencer accepts and understands that given the contractual ties between REECH and the Advertisers, the obligation of confidentiality related to Confidential Information stated in ii), iii) and iv) applies only to the Influencer and does not apply to REECH.
For the purposes of this article, the following is not considered confidential:
- information already public at the time of the disclosure or which was made public after disclosure without any breach of the Contract,
- information known to one of the Parties, without any obligation of confidentiality, at the date of the signing of the Contract, on condition that this Party has proof,
- information communicated to one of the Parties or his or her staff by any third party that obtained it by legitimate means.
If necessary, the Parties are authorized to communicate with the utmost confidentiality the Contract and the related documents to their auditors, insurers, and fiscal and social bodies in the event of an audit.
This obligation takes effect as soon as the INFLUENCER TERMS are agreed to and lasts for the entire duration of their application, and for a duration of two (2) years after their termination, for whatever reason, and, independently and superabundantly of the set durations for the Deals and subject to the same confidentiality rules. Only in the event that a legal authority terminates this obligation will this obligation be ended early.
In the case of default regarding the aforementioned confidentiality obligations, the defaulting Party shall alone bear all consequences, in particular financially, as a result of the early termination of the contractual agreements for its wrongdoings, without prejudice to legal action.
ARTICLE 11. Payment
It should be noted that MINORS must receive PRIOR CONSENT from their parents or legal representatives BEFORE registering on and using the Platform. This also applies to accessing and using the Services. In any event, the parents or legal representatives remain solely liable for any torts by the minors over whom they hold authority, and any harmful consequences resulting from the use of the Platform and/or Services by the minors.
11.1. General Information
Deals can be made in three ways: free of charge or with non-financial compensation or for a fixed or variable charge (payment). The Parties define their chosen way in the Deal. Failing such specification, the Deal is considered as being closed free of charge.
11.2. Influencer Payment
When the Deal includes a payment to be made to the Influencer (also referred to as a “transaction” or “rate”), the amount is set in the Deal.
This amount is in euros and exclusive of tax (excl. VAT). It is the responsibility of the Influencer to know if they are subject to value added tax (VAT) and if he or she has to invoice this to REECH during the payment stage or not, in accordance with the methods defined in the following point.
It is expressly agreed between the Parties that the amount of the transaction will be paid in the form of “credits” or “earnings” into the Influencer’s account (“balance” area) opened on the Platform.
The Influencer accepts and understands that one credit = one euro.
The Influencer acknowledges and accepts that REECH reserves the right to suspend the credit transfers into the Influencer’s account, notably in view of verifications, be they manual or automatic, or otherwise, with the verification period expressly defined in the Special Conditions.
11.2.2. Credit Payment Request - Withdrawing Earnings
It is the Influencer’s responsibility to request from REECH, via the Platform, the payment of credits into or the withdrawal of earnings from his or her account. The information related to credit payment methods, minimum withdrawal amounts, deadlines, the fees, and mentions applicable to the Influencer are available at any time and directly on the Influencer’s account. No exceptions shall be made as regards credit payment methods, minimum withdrawal amounts, deadlines, fees, or mentions defined and accepted by the Influencer as a result of accepting the Deal. In this respect, the Influencer is reminded that it is his or her responsibility to ensure that he or she has the technological, practical, and administrative solutions enabling him or her to withdraw his or her earnings.
The Influencer can choose to leave the credits to accumulate in his or her account or to withdraw all or some of them in accordance with the conditions stated on the Platform.
The request to withdraw earnings by the Influencer implies the transformation of these credits into euros.
TO WITHDRAW ALL OR SOME CREDITS FROM HIS OR HER ACCOUNT, THE INFLUENCER MUST FIRST ASK THE PLATFORM TO GENERATE AN INVOICE STATING THE DESIRED AMOUNT WITHIN THE LIMITS OF THE CREDITS AVAILABLE IN THE ACCOUNT. Said invoice is generated automatically by the Platform based on the information provided by the Influencer. For this operation to be carried out automatically, the Influencer agrees to give REECH permission to self-invoice, with it being understood that the invoice(s) will be automatically created based on the invoicing information provided by the Influencer.
In particular, it is the responsibility of the Influencer to determine whether he or she is subject to VAT and to inform the Platform before creating the invoice by checking the box proposed by the Platform for this purpose or not. The Platform only plays a technical role in this regard and the Influencer exclusively retains sole responsibility regarding his or her invoicing and VAT obligations, with all legal consequences thereof.
The invoice technically generated by the Platform will be automatically placed in the Influencer’s account.
THE INFLUENCER ACCEPTS AND UNDERSTANDS THAT NO CREDIT WITHDRAWAL FROM HIS OR HER ACCOUNT WILL BE POSSIBLE IF THERE IS NO INVOICE CREATED IN ACCORDANCE WITH THE CONDITIONS DEFINED ABOVE AND IN ADDITION TO THE SPECIAL CONDITIONS THAT MAY BE DEFINED IN THE CONTRACT.
For the creation of invoices and on request, the Influencer undertakes to provide the Platform with any documents proving his or her legal and/or accounting and fiscal status, and a French KBIS extract where necessary. The Influencer also undertakes to communicate without delay any change in the information affecting the creation of the invoices by the Platform. The Influencer acknowledges and accepts unreservedly that REECH can block any credit withdrawal from his or her account in the event of his or her refusal to provide the requested evidence until the issue has been fully resolved.
The Influencer acknowledges and accepts that REECH reserves the right to suspend the withdrawal of earnings from the Influencer’s financial account, notably in view of verifications, be they manual or automatic, or otherwise, with the verification period expressly defined in the Special Conditions.
The Influencer agrees unreservedly that the voluntary unsubscription described in these INFLUENCER TERMS entails the renouncement of any credits/earnings still present in the financial account, regardless of their origin, as soon as the notification related to the cancellation has been sent. It is therefore recommended to read the provisions of the “Payment” article in the INFLUENCER TERMS carefully to understand the transfer methods for credits and their payment (withdrawal of earnings).
11.2.3. Fiscal/Social Obligations
The Influencer acknowledges having been informed that if the number of invoices created by the Platform, in his or her name and on his or her behalf, exceeds 10 per calendar year, the Influencer must inform his or her tax service of the existence of the self-invoicing arrangement with REECH when completing his or her tax return.
If the Influencer practises a regular economic activity, he or she must register on the national business directory and/or register of trade and companies and declare this activity to the social protection institutions and fiscal authorities. An application to create a business can be filed online at www.guichet-entreprise.fr.
ARTICLE 12. References and Advertising
The Influencer authorizes REECH to include his or her name in the list of references that may be distributed to, in particular, its customers and prospects.
The Influencer understands and fully agrees that REECH reserves the right to publish, on its Site, Platform, or any other digital and marketing platforms, online or otherwise, any references, anonymous or otherwise, notably visual, partly illustrating the profile or some of the Influencer’s activities, for advertising purposes or sales prospecting.
At the express request of the Influencer, REECH undertakes to remove any reference to the Influencer from all advertising spaces, excluding the Platform, within a maximum of ten (10) days.
ARTICLE 13. Agreement of Proof
Pursuant to article 1368 of the French Civil Code, REECH and the Influencer, hereinafter referred to as “the Parties” or individually as “the Party”, establish the rules for admissible evidence between them in the event of dispute and its probative value. The following provisions constitute the agreement of proof accepted by both Parties.
Both Parties undertake to accept in the event of a dispute that, the orders given and the operations carried out on the Platform, via the use of the Influencer’s Access Codes, are attributed by right to the Influencer.
In the context of the relationship between the Influencer and REECH, the proof of connections and other identification elements will be established as necessary using the supporting connection logs (“log files”) kept up to date and stored by the Platform. Each Party undertakes to accept the admissibility and probative value of these documents.
The Parties undertake to accept that in the event of a dispute, the time markers generated and stored by the Platform are admissible in court and are evidence of the data and facts contained therein.
The Parties undertake to accept that in the event of a dispute, the actions of “accepting” and/or “confirming”, constitute an electronic signature and express the Influencer’s consent to the operations approved and confirmed in this way. This will apply to the following check boxes in particular: “approve” and/or “accept” and/or “agree” and/or “confirm” and/or “I’m sure”. This signature is automatically saved, linked to the Influencer account which activated its Access Codes, and stored by the Platform. The Parties agree that these signatures are admissible in court and are evidence of the data and facts contained therein.
The Parties agree that the Offers and Deals transmitted, recorded, and stored by the Platform are admissible in court and are evidence of the data and facts contained therein, in particular regarding their integrity.
The Parties acknowledge that the data recorded and stored by the Platform in the Influencer’s financial account is admissible in court and is evidence of the data and facts contained therein, and constitutes proof of transactions.
The Parties acknowledge that the data recorded and stored by the Platform for creating invoices in the name and on behalf of the Influencer in accordance with the INFLUENCER TERMS is admissible in court is evidence of the data and facts contained therein.
ARTICLE 14. Information Security
The Influencer undertakes not to enter the computer systems of the Platform or Site, the suppliers, or partners, nor to attempt to do so, by using confidential data or otherwise. In particular, any behaviour which interrupts, suspends, slows down, or prevents the continuation of the Platform, Services, or Site, any intrusion or intrusion attempt into the Platform’s systems, any diversion of the system resources of the Platform, any action resulting in a disproportionate load on the Platform’s or Site’s infrastructure are strictly prohibited under penalty of law.
REECH’s liability will not be incurred in the event of a malicious introduction or interception, an attack, or a hacking of any kind, targeting any of the Influencer’s digital platforms.
The Influencer agrees to being aware of the features and limitations of the Internet making the data and the communication of any computer files (in particular protected or sensitive content) on the Internet vulnerable.
Any hypertext link resulting in any technical fault, security related or otherwise, gives rise to the full liability of the publisher of said link.
ARTICLE 15. Termination of the Contract
15.1. Voluntary Unsubscription of the Influencer
The Influencer can voluntarily unsubscribe from the Platform at any time without the need to justify his or her motives.
The request must be done by sending an email to REECH, which undertakes to notify the Influencer of the termination of the registration within ten (10) days from receipt of said email.
REECH will delete any account at the request of a parent, or the individual holding parental authority, to close the account of a minor on the Platform.
The Influencer agrees unreservedly that the voluntary unsubscription described above entails the renouncement of any credits still present in the account, regardless of their origin, as soon as the notification related to the cancellation has been sent. It is therefore recommended to read the provisions of the “Payment” article in the INFLUENCER TERMS carefully to understand the transfer methods for credits and their payment (withdrawal of earnings) and REECH asks the Influencer to proceed with the payment request BEFORE sending his or her unsubscription request.
The Influencer is duly informed that unsubscribing from the Platform does not impact on the contracts to which he or she agreed before his or her unsubscription request and can in no way be understood as their termination. Consequently, the Influencer is still bound by the obligations made to REECH in the context of the CONTRACT(S) CLOSED and pending execution, with all consequences thereof.
15.2. Unsubscription and Closing of an Account by REECH
REECH reserves the right to close any Influencer account, at any time and without justification, in the event of a breach of the Contract and/or violation(s) of the law in force by the Influencer directly or indirectly causing damage to REECH. This closure of the account entails the unsubscription of the Influencer from the Platform. In the event of an account being closed by REECH, the Influencer will have forty-five (45) days from the receipt of the message sent informing him or her of the decision to close the account to withdraw any earnings available in his or her financial account and earned for other Deals that have been properly carried out. Furthermore, the withdrawal of the earnings must be done in accordance with the principles set out in article 11.1.2 of the INFLUENCER TERMS, with the exception of the minimum amount which does not apply in this case. If no credit is owed to the Influencer, the account can be closed immediately by REECH.
REECH can also delete without delay any content from the Platform that does not comply with the Contract, its ethics, or the law.
The Influencer agrees that his or her unsubscription by REECH is discretionary and can be done at any time, once REECH can argue a danger to security or a clear risk to its commercial image, ethics, or its commitments, linked to said Influencer.
The Influencer is duly informed that his or her unsubscription from the Platform does not impact on the contracts to which he or she agreed before the unsubscription BY REECH and cannot be understood DE JURE OR DE FACTO as their termination. Consequently, the Influencer is still bound by the obligations made to REECH in the context of the CONTRACT(S) CLOSED and pending execution, with all consequences thereof.
ARTICLE 16. Subcontracting and Transfer
REECH may freely subcontract all or part of the Site, Platform, or Services.
REECH may also, freely, at any time and in any form whatsoever, transfer or assign the services proposed by the Site and/or Platform, the Contracts, and the registration process of the Influencer to any individual of its choice. The Influencer agrees in advance to such transfer(s) or assignment(s).
On the other hand, the Influencer acknowledges that the Deal is closed intuitu personae with him or her. Consequently, he or she is prohibited to transfer, assign, or have the Deal(s) carried out by any person other than himself or herself.
ARTICLE 17. Contractual Documents
17.1. Management - Amendments
The version of the INFLUENCER TERMS applicable is the version in effect on the date of use of the Platform, and in the event of a Deal, those in effect on the date of the conclusion of the Deal.
The Special Conditions applicable are those constitutive of the Deal, including the conditions that may be clarified or even amended after the date of the conclusion of the Deal, such as those resulting from the express exchanges between REECH and the Influencer.
REECH reserves the exclusive and discretionary right to amend or suspend the INFLUENCER TERMS, particularly where said amendments or suspensions are necessary for commercial or legal purposes.
In the event that the INFLUENCER TERMS are amended, the Influencer will be informed of the new version by email or any other appropriate means of communication. The Influencer agrees to read this. The new version of the TERMS will be applicable from the date communicated by REECH, and at least forty-eight (48) hours after the communication of the amendment of the INFLUENCER TERMS. By continuing to use the Platform, the Influencer accepts these amendments.
In the event of a refusal of the new INFLUENCER TERMS, the Influencer should request his or her unsubscription from the Platform immediately, with all legal consequences defined in the INFLUENCER TERMS applicable. In the absence of an unsubscription request, the Influencer will be deemed to have agreed to the new INFLUENCER TERMS.
It is expressly agreed that in the event of a Deal pending execution, the INFLUENCER TERMS applicable can only be amended in the context of express exchanges between the Influencer and his or her REECH representative.
17.2. Hierarchy and Permanence of the Clauses
The contractual documents constituting the Contract are prioritized as follows:
- The Special Conditions
- The INFLUENCER TERMS
In the event of a contradiction between one or more stipulations stated in one of either documents, the document of superior rank will prevail and, in the case of documents likely to have successive versions, the most recent version will prevail.
The Contract expresses the entirety of the Parties’ obligations.
If one clause in the Contract becomes void, unenforceable, obsolete, illegal, or inapplicable, this cannot challenge the validity, legality, applicability of the other provisions of the Contract and does not release the Parties from their execution.
ARTICLE 18. Applicable Law and Translation of the TERMS
These INFLUENCER TERMS and any contractual document thereof are subject to and governed by French law, and must be interpreted in accordance with French law. No exemption to this provision can be accepted, including any conflict of law. No international element can therefore be invoked for the application of any rule of foreign law and it is expressly stated that any translated version is for information purposes only.
ARTICLE 19. Amicable Settlement and Competent Court
Any disagreement related to the Contract will firstly involve an attempt at an amicable settlement in all forms permitted by positive law and within a reasonable period of time: discussions, negotiations, commercial gestures, any written agreement, any mediation procedures, and/or any alternative dispute resolutions, and without prejudice to any court proceedings. The Parties will agree on the cost-sharing arrangements related to the amicable process in good faith.
If no amicable agreement can be reached, any dispute will be subject to the exclusive jurisdiction of the NANTERRE COMMERCIAL COURT.