Influencer Terms of Use

(Last updated 6/7/2022)

PLEASE READ THESE CREATOR ADDITIONAL TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

 

1. Acceptance of Terms

By accessing or using any Services available to Creators, you agree to these Additional Terms of Service ("AToS"). Please read these AToS, the Terms, and our Privacy Policy carefully. Our Privacy Policy is at https://yu-be.com/pages/privacy-policy.

"Co-Creator" means an individual who controls and operates a Social Media Account and who is a part of the Yu-Be Ambassador Program.

"Social Media Account" means a registered account with a social media, social network or content sharing platform, including Instagram.

 

2. Modification

Yu-Be reserves the right, at its sole discretion, to modify these AToS at any time and without prior notice. If we modify these AToS, we will post the modification on the Site. We will also update the "Last Updated Date" at the top of these AToS. Modifications to these AToS will automatically take effect upon posting; provided, however, that material changes to the AToS will be effective as to an existing User thirty (30) days after posting. By continuing to access or use the Site or any Services available to Co-Creators after we have posted a modification, you are indicating that you agree to be bound by the modified AToS. If the modified AToS are not acceptable to you, your only recourse is to cease accessing or using the Site and Services as a Co-Creator.

 

3. Registration

The Service allows registered Co-Creators to access certain information, and provides them opportunities to express interest in participating in marketing campaigns proposed by other Yu-Be

To access and use the Services as a Co-Creator, you must apply to the Yu-Be Ambassador Program. You may apply here: https://yu-be.com/pages/sign-up-for-yu-be-ambassador-program.

Direct Registration: To create a Co-Creator Account by using your email address, follow the prompts on the Site. You agree to provide accurate, current and complete information during registration and to update such information to keep it accurate, current and complete. You agree that you are solely responsible for any activities or actions made as a Co-Creator. You are solely responsible for your Content (defined below).

 

You acknowledge and agree that you are solely responsible for all Co-Creator Account information you provide. You represent and warrant that any Co-Creator Content that you post.

 

4. Service Process; Fees; Payment

Registered Co-Creators may use the Services to offer and accept opportunities to participate in any marketing campaigns to which they are invited. Yu-Be is allowed to control which Co-Creators are allowed to see and/or accept a proposal to participate in the marketing campaign.

Co-Creators retained to participate in a marketing campaign may be compensated in a number of ways: by monetary payment; through receipt of goods or services; or a combination of both. Some marketing campaigns will ask Co-Creators to register as affiliate marketers and will provide compensation based on actions taken by end users (such as shares, re-posts, or purchases of goods or services directly connected to a Co-Creator's Social Media Account posts). The compensation for each marketing campaign will be communicated in the marketing campaign description.

 

5. Use of Your Content; Responsibility for Your Content

When you as a Co-Creator post Content on your Social Media Accounts pursuant to an agreement with another User, you represent and warrant as follows:

(a) that you have the right, power, and authority to post that Content and grant the licenses specified below;

(b) that by posting or providing such Content you will not violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights, rights of publicity, and privacy rights;

(c) you are the owner of all the copyright rights to your original Content and that we may exercise the rights to your Content granted under the AToS without any liability or obligation for any payment beyond the compensation agreed to;

(d) As to any Content you created pursuant to an agreement with Yu-Be, you will immediately remove such Content from the Social Media Account on the request of Yu-Be;

(e) You are solely responsible for all Content and all postings to your Social Media Accounts;

(f) all of your Social Media Account postings made under or based on an agreement with Yu-Be:(a) will be in compliance with all applicable laws, rules and guides; (b) will have all necessary intellectual property and other rights for such use; (c) will not infringe the rights of any third party.

We reserve the right, at any time and without prior notice, to remove or disable access to the Yu-Be Ambassador Program for any reason, including Profiles or Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these AToS or any of our then-current policies and guidelines, or otherwise harmful to Yu-Be.

"Content" means text, graphics, images, music, software (excluding the Site), audio, video, information or other materials.

If you are selected to provide Content in support of a marketing campaign, you agree that the terms of your selection include granting Yu-Be (i) the right, in its sole discretion, to require that any posting of your Content be removed, (ii) the right and opportunity to include one or more metadata files, pixels, tagging software, or other tracking technology as part of any Content you post, and (iii) the option, in its sole discretion, to require that your Content be reviewed and approved prior to posting.

 

6. Confidentiality; Non-Disparagement

You understand and agree that the information contained within a marketing campaign to which you are invited, as well as other information you may receive from Yu-Be posting such marketing campaign, contains confidential business, technical or financial information relating to that Yu-Be's business (hereinafter referred to as "Confidential Information"). You agree: (i) to take reasonable precautions to protect such Confidential Information from disclosure to third parties; and (ii) to only use such Confidential Information in the performance of the Services or satisfaction of any agreement you reach with Yu-Be posting the marketing campaign. Your obligations under the provision expire five (5) years following the disclosure of the Confidential Information to you, or when such Confidential Information (a) is or becomes generally available to the public, or (b) was in your possession or known to you prior to receipt, or (c) was rightfully disclosed to you without restriction by a third party, or (d) was independently developed by you without the use of any Confidential Information, or (e) is required to be disclosed by law.

You further understand and agree that you will not make any (i) negative, critical, hostile, or disparaging public or private statements concerning Yu-Be, any marketing campaign, or any product or service in any way associated with a marketing campaign. This agreement shall not in any way prevent you from disclosing information in response to a lawful subpoena or court order, or to your personal attorney, accountant or other professional obligated to maintain the confidentiality of the information disclosed.

 

7. Termination

We may, in our discretion and without liability to you, with or without cause, with or without prior notice, and at any time terminate these AToS or your access to the Service. You may cancel your Co-Creator Account at any time by contacting us. Please note that if your Creator Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Services, including, but not limited to, any reviews or feedback.

 

8. General

The failure of Yu-Be to enforce any right or provision of these AToS will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Yu-Be. Except as expressly set forth in these AToS, the exercise by either party of any of its remedies under these AToS will be without prejudice to its other remedies under these AToS or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these AToS invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these AToS will remain in full force and effect.