Influencer Marketing Hub Partner Listing Terms and Conditions
Last amendment: 3 May 2021
These Partner Listing Terms and Conditions (“Partner Listing T&C”) form a legally binding agreement by and between Influencer Marketing Hub by Clifton Technologies APS having a registered business address at 68 Flaesketorvet, 1711, Copenhagen, Denmark (“IMH,” “We,” “Us,” and “Our”) and an individual or entity wishing to use the services provided by IMH (the “Partner,” “You,” and “Your”).
These Partner Listing T&C are incorporated by reference into IMH Terms and Conditions. Any capitalised terms not defined herein shall have the meaning defined in IMH Terms and Conditions.
The PPC Program
Our Partner Pay-per-click program (the “PPC Program”) gives You maximum exposure on IMH's websites, including, without limitation, the website https://influencermarketinghub.com,and resources (collectively, the “Website”) driving qualified prospects to Your website that are 3x more likely to convert into a lead than the industry average.
The Partner agrees to grant IMH all rights necessary to complete the services hereunder.
Placement & Customizable Bids
Showcase Your software/platform/agency/service offering (“Your Offering”) in the Website at the very top of the directory by using Our customizable bids. Control Your directory position and traffic volume with easily adjustable bids through access to Your own dashboard.
With full access to Your own dashboard, You will easily be able to manage Your own monthly budget. Partners are advised to, as soon as Partners’ monthly budget reaches 80% of capacity and again when it is 100% depleted, make budget adjustments through the Website. The Website allows You to immediately respond and make budget adjustments where necessary. If You deplete Your monthly budget before the end of the month, the website button on your Partner listing and associated ad units, allowing users to click through to your website, will be automatically removed. It will be reinstated again at the beginning of the next month.
Conversion & Performance Tracking
Your traffic will be appended with a UTM allowing You to easily track and measure the success of Your PPC campaign more effectively.
Personal Account Manager
Your very own IMH Account Manager will assist with campaign optimization, budget management and more.
We are confident that You will be satisfied with our PPC Program performance, however, You can choose to Opt Out of the Partner PPC Program at any time. It is in Our sole discretion to decide whether Your Partner listingremains active with Us. Your click-through-website button will be automatically removed from Your listing and You will no longer receive traffic to Your website.
Any estimated delivery date(s) for publishing Your Offering are estimates only and are contingent upon full cooperation of the Partner. IMH does not guarantee that any estimated delivery date shall be met.
The Partner may supply IMH demos, audio, video, text, images, lists, access rights, and other materials, in tangible and intangible form, for the purpose to facilitate the provision of the PPC Program (the “Materials”). The Partner acknowledges and agrees that the Partner owns and controls the rights to the Materials. To the extent the Partner owns and controls such rights, the Partner hereby grants to IMH a non-exclusive, perpetual, royalty-free, revocable and worldwide license, with rights to sublicense through multiple levels of sub-licenses, to record, reproduce, make derivative works from, distribute, publicly perform, and publicly display in any form or medium, whether now known or later developed, make, have made, use, sell, import, offer for sale, and exercise any and all present or future rights in the Materials for the purpose of providing IMH services, free and clear of any mortgage, pledge, lien, charge, security interest, claim or other encumbrance. The Partner further acknowledges and agrees that IMH may, without a separate prior authorisation from the Partner, copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or otherwise use for any purpose whatsoever, the Materials for any and all commercial and non-commercial purposes, without credit or payment of royalties therefor to the Partner, as it is required for the provision of the IMH services.
Payments and Refund Terms
- The Partner shall pay IMH the monthly fee for traffic received on the PPC Program (the “Fee”) via credit card or bank transfer.
- The Fee shall be determined by the number of clicks and bid price per click package selected by the Partner and will take into consideration any bid price adjustment made by the Partner during the month.
- All Fees are calculated and paid to IMH in United States dollars (USD).
- Credit Card Payments: The monthly payment is taken on the first day of each month is applied in arrears, and is charged to the Partner credit card through the IMH account. The Partner will receive an invoice each month, available in the Partner dashboard.
- Bank Transfer Payment: The Fee is invoiced to the Partner on the first day of each month in arrears and is payable upon presentation. Invoices are available at the first day of each month within the Partner dashboard detailing the PPC Program transactions.
- The Partner shall not, in any circumstances, be entitled to any refunds or credits for PPC Program or refunds for prepaid but unused budget.
- All Fees payable in respect of the PPC Program or any other services rendered by IMH are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Partner shall be responsible for payment of all such taxes, levies, or duties.
- In the event the Partner fails to meet payment of the Fee due in respect of the PPC Program, the Partner shall be treated as being in default.
- In the event of the Partners’ default, the PPC Program website-click-through-button will be removed by IMH at its sole discretion. IMH shall not be responsible for any losses as a result of the removal of the PPC Program , nor shall it have any liability in respect of such removal.
- Partners with accounts in default agree to pay IMH’s reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by IMH in enforcing Partner listing T&C.
- The Partner must provide current, complete, and accurate billing and credit card information.
- The Partner must promptly update all billing information (such as billing address, card number, and expiration date) to keep the account current, complete, and accurate.
- The Partner must promptly contact IMH if the Partner's credit card is lost or stolen, or if the Partner becomes aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password).
- You hereby authorize IMH to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided to Us expires.
- We reserve the right to charge any renewal card issued to the Partner to the same extent as the expired card.
- If payment is not received from the Partner credit card issuer, the Partner hereby agrees to pay all amounts due upon demand.
- In certain instances, the issuer of the Partner credit card may charge a foreign transaction fee or related charges, which the Partner will be responsible to pay. You are advised to check with Your bank and credit card issuer for details.
Term, Cancellation, and Termination
The PPC Program shall commence upon Your acceptance of these Partner Listing T&C and payment of the Fees due and continue until the PPC Program is terminated by You or IMH or You fail to pay the Fees due.
IMH shall be entitled to cancel provision of the PPC Program, without notice and without any obligation to refund any amount paid in lieu of the month of termination, in the event that the Partner (i) is in default in respect of payment of any invoices or Fees due or (ii) materially breaches these Partner Listing T&C.
The Partner shall be entitled to cancel the PPC Program at any time. Partner’s cancellation will take effect immediately, should the monthly budget be depleted and not renewed.
Upon cancellation or non-renewal of the monthly budget: (i) all content related to the PPC Program shall remain on the Website; (ii) the click-through-website-button on the Partner listing will be automatically removed; and (iii) the Partner will not receive PPC Program traffic until such a time as a monthly budget is reinstated.
Modifications to the Services and the Fees
IMH reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the PPC Program and the Website (or any part thereof).
IMH shall not be liable to the Partner or to any third party for any modification, change of Fees, suspension or discontinuance of the Website and the PPC Program.
From time to time, IMH may issue an update to the IMH systems that may add, modify, and/or remove features to the Website. These updates may be pushed out automatically with little or no notice, although IMH will take all reasonable steps to notify the Partner in advance of an upcoming update, including details on what the update includes.
IMH makes no warranty concerning Your Offering or any content or articles created, published or promoted by IMH and its agents, affiliates and publishers with regard to Your Offering, and assumes no liability therefor.
IMH will not be held liable for any special, indirect, or consequential loss or damage nor does it accept liability for errors in any advertisement published, nor of its failure to appear on any specific date. he Partner agrees to indemnify, defend, and hold harmless IMH for any and all liability for content (including text, illustrations, representatives, sketches, maps, trademarks, labels, or other copyrighted matter), or advertisements printed, or the unauthorized use of any person’s name or photography arising from IMH’s reproduction and publishing of such content/articles pursuant to the Partners order.
The Partner agrees and acknowledges that, due to the nature of the PPC Programs, success and improvement in sales and revenue and/or an increase in engagement is not guaranteed. The Partner acknowledges that any reliance on IMH services the Services is at Partner’s own risk.
Partner Listing Creation
In order to be a comprehensive resource for the influencer marketing industry, including, but not limited to, social media marketing and monitoring, email marketing, influencer marketing, influencer agencies, e-commerce, and the creator economy, IMH include Partner listings that are current, relevant to the Users, and are currently marketed, sold and fit in a predetermined industry category found on the Website.
To provide the most helpful user experience, Our management and content team will determine whether Your Offering is a logical fit for a category through Your outreach or research on Your website. In some instances, a full demo of YourOffering will be required; you hereby agree to provide such a demo
IMH will either create Partner listings from publicly available information or work with the Partner to undertake a review and create or update a listing that is accurate and best reflects Your Offering.
Criteria for Posting Partner Listings on the Website
Our aim is to list or review resources, services and solutions that fit within one of our categories. To determine whether Your Offer fit, we will take into account the following criteria, at our sole discretion:
- Your Offering must fit, at Our sole discretion, within one of the existing categories;Your Offering must be publicly available and out of beta testing;
- Your Offering must be listed under the product name determined by the Partner;We do not list reseller names, integrators, or information about other third parties;
- Partner Listings and reviews are authored by IMH content writers and are subjective reviews of Your Offering.
PLEASE NOTE: While the Website serves a resource to host Your Offerings, We are not responsible for ensuring the legal and/or regulatory compliance of Your Offerings. We do not provide any legal advice related thereto. .
IMH retains all right, title and interest in and to the Partner listings that IMH creates from publicly available content (excluding any intellectual property owned by the Partner) and grants to the Partner the opportunity to request an update and (at Our discretion) a modification of the Partner listing, subject to the following:
- We may make minor modifications to the Partner listing (including adding Our own content) to ensure compliance with our guidelines; and
- We may post the modified Partner listing on the Website where we, in the course of ordinary business, drive web traffic and quality leads to our Partners.
Partner Listing Removal
At Partner Request. In keeping with Our goal to be a comprehensive resource for the influencer marketing and associated industries, We will not remove a Partner listing that is currently marketed or sold and fits in one of Our categories. We will work with the Partner to update the listing to ensure it is accurate and best reflects Your Offering.
If a Partner is no longer in business or Your Offering is no longer being sold (as clearly reflected on Partner website), We will either (i) review and remove Your Offering from the Website; or (ii) keep the listing and indicate that Your Offering is no longer sold or Your business is discontinued.
At Our Discretion
We reserve the right to modify or remove a Partner listing if, in Our sole discretion, the listing fails to comply with these Partner Listing T&C. As a rule, We do not remove Partner listings unless: (i) the Partner Listing does not fit within at least one of the existing categories; or (ii) there is evidence to demonstrate that Your Offering is no longer actively being marketed or sold to the public.
“Confidential Information” shall mean any information regarding any trade secrets and/or information, in whatever form, regarding the business or operations of IMH or the Partner that is the confidential and proprietary information of the disclosing party and is not generally known to the public or to the recipient party as of the date of disclosure, provided that Confidential Information will not include information which can be clearly demonstrated that: a) at or prior to the time of disclosure by the disclosing party was known to the receiving party through lawful means; b) at or after the time of disclosure by the disclosing party has become generally available to the public through no act or omission on the receiving party’s part; c) is developed by the receiving party independent of any Confidential Information it receives from the disclosing party; or d) the receiving party receives from a third party source who, to receiving party’s knowledge, is free to make such disclosure without breach of any legal obligation.
For a period beginning with the start of the PPC Program and continuing for three (3) years following the termination of the PPC Program, the receiving party agrees that it will not disclose the disclosing party’s Confidential Information to any third party, or use any of the disclosing party’s Confidential Information for any purpose other than to fulfil its obligations or exercise its rights under these Partner Listing T&C, in each case without the prior written consent of the disclosing party. The receiving party shall limit access to the Confidential Information to those representatives, agents and affiliates (i) who know such information solely for the purpose of fulfilling the terms and conditions of this Agreement; (ii) who have been informed of the confidential nature of such information; and (iii) who agree to act in accordance with these Partner Listing T&C.
The relationship between IMH and the Partner is that of an independent contractor. No joint venture, partnership, agency or fiduciary relationship exists between IMH and the Partner and they do not intend to create any such relationship by these Partner Listing T&C. Neither party is, nor will either party hold itself out to be vested with any power or right to bind the other party or to act on behalf of the other party as agent or otherwise.
The Partner agrees that, during the term of the PPC Program and for a period of 6 (six) months thereafter, the Partner shall not directly or indirectly engage in any business activity, which competes with the activities performed by IMH, unless the Partner obtains IMH’s written permission to do so.
The Partner agrees that, for a period of 6 (six) months following termination of the PPC Program, for any reason whatsoever, the Partner will not solicit, divert or attempt to hire away any customers or clients of IMH for a similar or competing business.
The Partner warrants that: (i) Your Offering will be supplied in a professional and workmanlike manner; (ii) Your Offering will not infringe, misappropriate or violate any intellectual property or other right of any person or entity; and (iii) the Partner has the full right to provide IMH with the assignments and rights provided for herein.