Promote Program

Terms of Participation

Updated May 21, 2018 (effective May 25, 2018)

By participating in the ViralSweep Promote Program (the “Program”) as a promotion sponsor (“Sponsor”) or influencer/promoter (“Influencer”), you are agreeing the following terms and conditions:

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Using ViralSweep means you agree to everything on this page.

1. Creating a Profile

(a) Stripe Connected Account Agreement: We use Stripe to process payments to Influencers. By participating in the Program, you are also agreeing to the Stripe Connected Account Agreement, the terms of which are incorporated herein.

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2. Hiring Process

The Influencer hiring process takes place in the following five steps:

(i) Sponsor creates a Campaign Brief describing the nature of the promotional campaign, the nature of the services required, and the desired qualifications of the Influencer, if applicable.

(ii) Sponsor distributes the Campaign Brief to Influencers that match the campaign criteria;

(iii) If interested in participating, an Influencer prepares and submits a Proposal that details the services the Influencer is willing to provide, and the desired rate of payment;

(iv) The Sponsor reviews the proposal, and can either accept, reject, or negotiate terms directly with the Influencer. If the parties successfully reach a final agreement, the Influencer will amend the Proposal accordingly;

(v) When the Sponsor accepts the Proposal, a contract is created with the Influencer.

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3. Payments

Once the Proposal is accepted, ViralSweep will collect the agreed-upon payment from the Sponsor, plus our 10% Sponsor Participation Fee, and alert the Influencer to begin the delivery of Services. We will hold the payment in escrow until the Sponsor sends us a Release Notice confirming that the job has been completed in accordance with the arrangement. Upon receipt of the Notice, we will release the funds to the Influencer, minus our 10% Influencer Participation Fee.

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4. Our Role

You understand and agree that our sole role is to maintain the ViralSweep Promote platform as described herein. Influencers are not employees or independent contractors of ViralSweep. Likewise, there is no relationship between ViralSweep and Sponsors other than that of service provider and customer. All employment and payment arrangements are solely between Sponsors and Influencers.

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5. Assumption of Risk and Limitation of Liability

You bear any and all risks associated with your participation in the Program, including without limitation any failure of an Influencer to deliver agreed upon services, or the failure of a Sponsor to pay in full for services rendered. We do not verify the credentials of any participating Sponsor or Influencer, and we do not offer (and specifically disclaim) any guarantees whatsoever associated with their honesty, integrity, or business practices.

IN NO EVENT SHALL WE BE HELD LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES AND/OR LOSSES THAT MAY RESULT FROM YOUR PARTICPATION IN THE PROGRAM. This limitation of liability includes, without limitation, damages and/or losses resulting from: (a) the failure or refusal of any party to deliver or pay for services in accordance with their agreement; (b) the return of funds to a Sponsor following the Hold Period described in Section 6 of these terms; (c) software glitches, server failures, power outages, or any other issue that affects the functionality of the ViralSweep Promote platform; (d) any payment processing errors or delays; (e) the failure of any party to make the required disclosures described in Section 7 of these terms; and (e) any other losses associated with or relating to your participation in the Program. If the foregoing limitation does not apply, under no circumstances will our liability exceed the agreed upon service fee associated with the arrangement that gave rise to liability.

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6. Disputes

In the event a Sponsor disputes an invoice, the Sponsor must alert the Influencer and ViralSweep immediately. We will retain the funds for a period of twenty (20) days from the date the invoice was submitted (the “Hold Period”), during which time the parties should work together to resolve their dispute. If the dispute is not resolved within the Hold Period, we will return the funds to the Sponsor. VIRALSWEEP HAS NO RESPONSIBILITY OR OBLIGATION TO ASSIST WITH THE RESOLUTION OF THE DISPUTE. Our sole obligation is to retain the funds for the Hold Period.

The Hold Period also applies if a Sponsor fails to submit a Release Notice or dispute the invoice. Unless the Sponsor submits a Release Notice or a Dispute before the conclusion of the Hold Period, we will release the funds to the Influencer.

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7. Required Disclosures

Federal laws requires any party participating in an endorsement campaign to clearly and conspicuously disclose the nature of their relationship (i.e., that the Influencer is being paid for the endorsement) in connection with any communication with consumers. You should therefore read the compliance guidelines provided by the Federal Trade Commission. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL OF YOUR LEGAL OBLIGATIONS IN CONNECTION WITH YOUR PROMOTIONAL ACTIVITIES.

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8. Further Obligations and Restrictions

(a) You must be at least 18 years of age to participate in the ViralSweep Promote program.

(b) Any Influencer communication made in connection with a campaign (including, but not limited to, blog articles, social media posts, tweets, etc.) must not contain objectionable content (including but not limited to content that is misleading, libelous, defamatory, obscene, violent, bigoted, hate oriented, illegal, and/or promoting illegal goods, services or activities).

(c) Influencers and Sponsors must deal with each other in good faith. Influencers must not generate any participants or referrals using any device, program, robot, Iframes, or hidden frames, and Sponsors must not dispute any submitted invoice absent a valid reason.

(d) Sponsors and Influencers shall be solely responsible for any and all costs associated with their participation in the Program.

(e) ViralSweep offers no representations or warranties regarding potential income that may result from participation in the Program and specifically disclaims any and all warranties relative thereto.

(f) These terms are further supplemented by the App’s Terms of Service and Privacy Policy, both of which are incorporated herein by this reference.

(g) Influencers are solely responsible for the payment of any taxes that may be due by virtue of his or her participation in the ViralSweep Promote program.

(h) Knowingly disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies, or otherwise utilize the Service in any manner that violates any statute, rule, or regulation.

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9. Representations and Warranties; Indemnification

You hereby represent and warrant that you will comply with all applicable laws and guidelines in connection with your promotional activities, and agree to fully indemnify and hold harmless ViralSweep and its officers, directors, employees, agents, and assigns from and against any liabilities, losses, claims, demands, costs (including without limitation reasonable attorneys’ fees) and expenses arising in connection with any violation or alleged violation of any and all applicable statutes, rules and regulations that govern your promotional activities.

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10. General Terms of Service

The ViralSweep Terms of Service are incorporated into and made a part of this Agreement. In the event of a conflict between the Terms of Service and these Terms, the provisions of these Terms shall control.

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If you have any questions or concerns regarding the Promote Program Terms of Participation, please contact us at help@viralsweep.com