BRANDBASSADOR TERMS & CONDITIONS
Last Revised: July 18th, 2018
Becoming a Brandbassador
Brandbassador AS provides visitors to the BB Website with access to its web-based software. On the BB Website visitors may become “Brandbassadors”, and by so doing have an opportunity to interact with and/or promote third party brands utilizing the BB Technology. Once accepted as a Brandbassador you are a member of the Brandbassador service and your membership will automatically be renewed without notification. The BB Website, BB Technology, Brandbassador AS program and BB Content constitute the Brandbassador Service (the “BB Service”). Once visitors become Brandbassadors and choose to interact with and/or promote third party brands using the BB Technology, the set of BB Business Conditions (“Business Conditions”) apply. These BB Business Conditions include but are not limited to Prizes and Awards, Point Systems, Commissions, Free Product, Discounts, Usage of Discount Codes, and Payment. These BB Business Conditions are available for review here ) . By accepting this Terms of Service Agreement you accept these BB Business Conditions in full, and acknowledge that they may be changed from time to time at the sole discretion of Brandbassador AS. Updates and changes will be displayed within the BB Website and/or as an update of this Terms of Service Agreement. All content and material that is made available to users through the BB Website is referred to as the “BB Content.” All content and material that BB Website users make available to Brandbassadors through the BB Website is known as “User Content.” By registering as a user you understand and agree to receive service e-mails which relates to your account and activity.
You acknowledge and agree that Brandbassador AS, and its suppliers, own all right, title and interest in and to the BB Technology and any and all copyrights, trademarks, patents, trade secrets and any other intellectual property and proprietary rights therein. The Brandbassador marks and logo, and all related product and service names, design marks and slogans are the trademarks, service marks or registered trademarks of Brandbassador AS and may not be used or modified in any manner without the prior written consent of Brandbassador AS. Copyrights, trademark rights, database rights, design rights and any and all other intellectual property and other rights relating to the BB Website existing now or in the future including but not limited to all BB Content and any other computer programs, source and object code, documentation, software graphics, text, images, designs, animations, databases, logos, domain names, trade names and trade identities are the property of Brandbassador AS, its subsidiaries, affiliates and/or licensors. Unless expressly granted in writing by Brandbassador AS, no rights in or to the BB Content except those expressly set forth within this Terms of Service Agreement are granted to you. All Brandbassador AS software applications and the BB Content are licensed, not sold, to you, and Brandbassador AS and its licensors retain ownership of all copies of the Brandbassador AS software applications and BB Content even after installed on your personal computer, mobile handsets, tablets, and/or other relevant devices.
We grant you a limited, non-exclusive, revocable license to make use of the BB Website and BB Technology, and a limited, non-exclusive, revocable license to make use of the BB Content. Brandbassador AS does not grant any rights to you to download, copy, store, transfer, edit, transmit, distribute or otherwise use or exploit the BB Content (inclusive of any third party content, such as music and videos) shown or made available by the BB Service except as part of the BB Service. This license shall remain in effect until and unless terminated by Brandbassador AS. You agree not to:
The BB Service is integrated with third party applications and services to make content available to you. Third party brands may from time to time conduct campaigns and programs, which may or may not involve your social following, whereby you are offered the opportunity to purchase products and partly and/or in full pay with your social reach that is linked to the purchase. Brandbassador AS and the third party brands, acting independently, each reserve the right to cancel any order at any time, close accounts, withdraw orders and take legal action if they suspect tht any of the linked social media accounts contain “fake” or bought followers, unofficial or official fan pages are utilized for the social currency campaign or that you have more than one account linked to yourself or are deliberately trying to run a scam.
On the BB Website there are several links to other web sites that take you outside the BB Service. You warrant that you will comply with terms of service of these web sites. Brandbassador AS has no control over these web sites, is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of or relating to any use, reference to or reliance on such information and any other dealings with such third parties. When applying to become a Brandbassador AS, you are offered the opportunity to link your social media accounts with your application where the BB Technology uses such link and information to define your number of followers on those social media accounts. You are responsible for the accuracy of such data and will notify Brandbassador AS immediately in writing should the data differ in actual versus what is stated on your account information. Further, it is your sole responsibility to ensure that such data is accurate when it comes to “genuine” social media following – i.e. that you have not acquired a fictitious social following.
You grant Brandbassador AS a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public, publish, translate, modify create derivative works from, and distribute any of your User Content in connection with the use of the BB Website. Aside from the rights specifically granted herein, you retain ownership of all rights including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights”, such as your right to be identified as the author of any User Content, and your right to object to derogatory treatment of such User Content. In connection with your User Content you warrant that: You own and/or have the necessary licenses and other rights to use or authorize Brandbassador AS to use the User Content and the associated patent, trademark and copyright and other intellectual property rights therein. You have the written consent and/or permission of each identifiable individual person in the User Content to use the name of such person to enable the inclusion and use of the User Content via the BB Website You acknowledge and agree that Brandbassador AS is not responsible for pre-screening any User Content that is transmitted via the BB Website. You represent and warrant that you have secured any and all rights necessary and appropriate to submit content on the BB Website, including all necessary releases. You agree to abide by any and all additional notices, information or restrictions in respect of the BB Website contained in any part of the BB Website. Exploiting any part of the BB Website for a purpose that is not permitted by this Terms of Service Agreement is expressly prohibited without prior written permission from Brandbassador AS or the applicable intellectual property rights holder as identified on the BB Website. Brandbassador AS shall have the right, to refuse, edit or remove any User Content that Brandbassador AS, in its sole discretion and without prior notice, considers to be harmful, illegal, threatening, offensive, sexual or racial or otherwise offensive, disruptive or inappropriate material, or otherwise in violation of this Agreement. It is our policy to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are a copyright owner or an agent thereof and believe that any posting or other content on the BB Website infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing:
Our Copyright Agent for notice of claims of copyright infringement can be reached as set out in the paragraph entitled Contact, below.
You agree not to do any of the following:
Although we are not obligated to monitor access to or use of the BB Website or BB Content, we have the right to do so for the purpose of operating the BB Website, to ensure compliance with this Terms of Service Agreement, and to comply with applicable law or other legal requirements. We have the right to investigate violations of this Terms of Service Agreement or conduct that affects the BB Website. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
You agree not to disclose Brandbassador AS Confidential Material without prior written consent and you agree to use it only for the purposes of this Terms of Service Agreement and BB Service. “Brandbassador AS Confidential Material” includes without limitation: all Brandbassador AS software, technology, programming, specifications, materials, guidelines and documentation relating to BB Service; statistics related to the use of BB Service provided to you by Brandbassador AS; any and all information relating to other users of BB Service (including without limitation publishers and advertisers), Brandbassador AS’s business partners and other third parties, to the extent such information is provided to you in BB Service or included to any reports or other communications relating thereto, or is otherwise provided to you by Brandbassador AS; and any other material designated in writing by Brandbassador AS as “Confidential” or an equivalent designation. Brandbassador AS Confidential Material does not include material that: has become publicly known through no breach by you; material that has been independently developed without access to Brandbassador AS Confidential Material, as evidenced in writing; rightfully received by you from a third party; or required to be disclosed by law or by a governmental authority.
THE BB PLATFORM, BB SERVICE AND THE CONTENT ARE PROVIDED “AS IS.” BRANDBASSADOR AS, ITS AFFILIATES, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. SPECIFICALLY, BRANDBASSADOR AS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SECURITY OF THE WEBSITE OR ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, TOOLS, LINKS, OR OTHER COMMUNICATIONS PROVIDED IN OR THROUGH THE USE OF BB PLATFORM, OR ANY SITE OR SITES “LINKED” TO THE BB WEBSITE. WE MAKE NO WARRANTY THAT THE BB PLATFORM WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRANDBASSADOR AS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE BB PLATFORM, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY OR DEFECT IN OPERATION OR TRANSMISSION, VIRUS, LINE OR SYSTEM FAILURE, OR LOSS OF USE RELATED TO THE BB PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BRANDBASSADOR AS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE BB SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE BB SERVICE.
Upon a request by Brandbassador AS, you agree to defend, indemnify and hold harmless Brandbassador AS and its affiliates, directors, officers, employees and agents against any claims, demands, actions, damages or other liabilities, including expenses and attorney’s fees, that arise from your use of the BB Service. Brandbassador AS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Brandbassador AS in asserting any available defenses.
This Terms of Service Agreement shall be interpreted, construed, enforced and governed in accordance with the laws of the Kingdom of Norway, excluding its rules regarding choice of laws.
Any dispute, controversy, or claim arising out of, related to or in connection with this Terms of Service Agreement, or to the performance, non-performance, interpretation, breach, termination or invalidity thereof, or any claim that a party to this Agreement may assert in any individual, representative or collective capacity or as part of a class, whether based in contract, tort, or otherwise, shall be finally settled and determined solely and exclusively by arbitration administered by the International Chamber of Commerce (the “ICC”) under its then current Rules of Conciliation and Arbitration (the “ICC Rules”). The written award of the arbitrators shall be final and binding upon the parties, and judgment on or enforcement of the award so rendered may be sought, had or entered in any court having jurisdiction
If any provision of this Agreement is unlawful, void or unenforceable, you agree that the provision will be enforced to the maximum extent permissible and the remaining provisions contained in this Agreement shall continue in full force and effect.
Brandbassador AS is entitled to modify, amend, change or terminate the BB Service or any part of the BB Service at any time, without notice. All relevant parties shall be informed about such changes through the BB Website. Brandbassador AS may change the terms and conditions of this Terms of Service Agreement from time to time, in which case the revised terms will be posted on BB Website and the change will be communicated from within or via the BB Service. By continuing to use the BB Service following such changes you agree to be bound by the amended Agreement. You also acknowledge that Brandbassador AS and/or the third party brand may change its price/commission/reward list at any time.
If you have questions or concerns, please contact Brandbassador AS at:
Brandbassador AS, Fjeldbovegen 6, 2016 Frogner, Norway
You understand and agree that Brandbassador AS will determine your compliance with these Terms of Service in its sole discretion. Brandbassador AS reserves the right to restrict, suspend, deny or terminate access to all or part of the BB Website and to deny access to any person in its sole discretion without notice or liability of any kind. Brandbassador AS maintains a policy that provides for the termination of the BB Website use privileges of users who are in breach of any of this Terms of Service Agreement. Any violation of this Terms of Service Agreement may be referred to law enforcement authorities. Upon termination, your use of the BB Service shall cease immediately and Brandbassador AS may delete all data submitted by you to BB Website and/or BB Technology, observing, however that Brandbassador AS has a right, but has not obligation, to retain the said data in order to reactivate BB Service.
Gift cards earned through the Brandbassador service may be used towards purchases of full-price products or services and may not be used on currently discounted products or services. Brands may waive this condition at their sole discretion.
You need to be 18 years or older to transfer cash from your Brandbassador account to a bank account. We use a third party payment provider, Payoneer, to handle these transactions. See the Payoneer website for more details and updates regarding fees. Cash earned to your cash account will expire on a 12 month rolling period from the time you earned it. If you earn $10 on January 1st 2018, $10 will expire at midnight on January 1st 2019. When withdrawing from your Brandbassador account to a local bank account a fee of up to 2% of the total amount withdrawn will apply.
To find out if Brandbassador offers a local bank transfer service to your country, please see the following list:
There are no monthly fees for using Brandbassador. However, Brandbassador uses third party payment partners like Payoneer and PayPal, please review their costs and fees.
This Terms of Service Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all proposals, oral or written, all previous negotiations, and all other communications between the parties.
Attention: Consumer Affairs Department