The terms and conditions set forth herein constitute the full and complete agreement between you as either an Influencer or a Brand on one hand and Givfluence on the other. Your agreement to be bound by these terms is acknowledged by your acceptance of this agreement by checking the box agreeing to these terms as you submitted your application and, thereafter, by your continued use of the Givfluence services including this website. The terms contained herein supersede and replace any other agreement or negotiation between you and Givfluence, or any representative thereof whether oral, written or otherwise.
Givfluence connects influential individuals (“Influencers”) with companies (“Brands”) for the purpose of allowing Influencers with a genuine affinity for a product or service to be compensated for sharing their honest experiences and opinions, naturally, in a manner that suits their genuine preferences. We believe genuine product and service mentions are far more influential than typical paid social media promotion. In addition, at Givfluence we have partnered with hundreds of charitable causes, with new causes available every day, to allow Influencers to choose a portion of their proceeds to donate. We handle the distribution of proceeds according to the Influencer’s wishes and send the remainder to the Influencer. The Influencer is paid according to the Brand offer, however, the relationship between Influencer and Brand is always initiated by the Influencer and never not the Brand. Influencers reach out to Brands. Once approved by the Brand, the Influencer will be able to see available offers applicable to that Brand.
2.1 Eligibility. Individuals are eligible to become Givfluence Influencers (“Givfluencers”) upon meeting the following criteria:
- You are at least 18 years of age or at least 14 years of age with approved parental consent.
- You have maintained no less than 5000 legitimate Facebook®, or Twitter® or Instagram® followers continuously for three (3) months prior to your application. Legitimacy of followers is determined at the sole discretion of Givfluence.
- During pre-registration, Givfluencer registration is limited to residents of the Unites States only.
2.2 Platinum Influencers. Platinum Influencers have over 100,000 legitimate Facebook®, or Twitter® or Instagram® and donate 100% of their earnings to Givfluence causes. For information on becoming a Givfluence Platinum Sponsor contact us here.
3.1 Eligibility. Brands are eligible to participate as a Givfluence Brand where they meet the following criteria:
- United States. Brands must belong to companies formed in the United States.
- Good Standing. Brands must belong to a company in good standing in the State in which they are incorporated.
- Financial Condition. Brads must be of sufficient financial condition and reputation to be able to pay for the Givfluence campaigns in advance.
- Legal Right. Brands must own or have the legal right to use the identified brand name.
3.2 Platinum Brands. Platinum Brands spend over $25,000 per year on Givfluence campaigns and agree to match campaign proceeds with donations Givfluence causes. For information on becoming a Platinum Brand contact us here.
4.1 Eligibility. Charities are eligible to participate as a Givfluence Brand where they meet the following criteria:
- Three or Four Stars. Charities must be listed and rated at least 3 out of 4 stars with CharityNavigator. Charity Navigator is America’s premier independent charity evaluator. They help charitable givers make intelligent giving decisions by providing in-depth, objective ratings and analysis of the financial health and accountability & transparency of America’s largest charities. Use Charity Navigator’s simple searchable database to find a charity you can trust and support.
- United States. Charities must be formed within and maintain a principal office in the United States.
Givfluence charges a small administrative fee for its services described herein. There is no other fee charged. Currently, the Administrative Fee is three (3) percent of each campaign placement. This fee is charged to the Brand, at the time of placement and is not charged to the GivFluencer. The Fee is in addition to the amount of the campaign itself. This way, the entire amount of the Campaign pledged to the Influencer is made available to the Influencer and the Influencer may allocate the full desired percentage to the Givfluence charity of his or her choice.
6.1 Payments to GivFluence. Givfluence accepts payment by Credit Card (Visa, MasterCard, Discover, American Express, and by personal check, cashiers check, or money order. In addition, Givfluence may, from time to time allow additional forms of payment, however, the offering of a particular form of payment does not obligate Givfluence to continue to offer that form of payment in the future. The current list of payment options will be displayed during the order process. If you have any questions concerning the current available payment options please contact us.
6.2 Payments to Givfluencers. All payments to GivFluencers are made within 30 days of the Givfluence acknowledgment that the campaign has been successfully completed. GivFLuencers must provide and maintain on file with GivFluence current contact information and a current IRS Form W-9 as well as any other information required by GivFluence in order to complete the payment and the reporting thereof. GivFluencers are independent contractors of GivFluence and are by no means affiliates, partners, employees or agents of GivFluence.
Givfluencers are encouraged but not required to donate at least 10 percent (10%) of their campaign earnings to Givfluence charities. The level of giving is entirely up to the individual Givfluencer, may be adjusted per Campaign. The choice by the Givfluencer as to whether or not to donate or the level of donation is not made available to the Brand on an individual basis.
8. Arbitration of Disputes.
8.1 Arbitration. In the event of a dispute between you and Givfluence related to any Campaign or any Services performed under or in relation to this Agreement, or any other matter between any Influencer, Brand, Charity or Givfluence, the dispute shall be determined, settled, and resolved by private, confidential arbitration in Los Angeles, California. Notwithstanding the foregoing, Givfluence may apply to a court of competent jurisdiction for any provisional remedy that may be appropriate (e.g., writ of attachment, temporary restraining order, preliminary injunction, writ of possession, etc.). Without limiting the generality of the foregoing, and except for applications to court for a provisional remedy, You expressly agree that any and all question as to whether or not any issue constitutes a dispute or other matter arbitrable under this section shall itself be settled by arbitration in accordance with this section. Any arbitration award shall be final, binding and conclusive upon the parties, and any judgment rendered therein may be entered in any court having jurisdiction thereof.
8.2 Demand for Arbitration. Arbitration may be demanded under this agreement by the sending of written notice to the other party. If arbitration is demanded, within twenty (20) days of the demand the party demanding arbitration shall present a list of five (5) qualified individuals who would be willing to serve as an acceptable arbitrator. To serve as arbitrator, the individual must be a retired judge having served on any federal court in California or the California Superior Court or higher court in the State of California. Within twenty (20) days of receiving such list such party may at its sole discretion (i) select any individual from that list and that individual shall serve as the arbitrator, or (ii) propose their own list of five (5) individuals for arbitrator. If such party chooses to present a separate list, then the party demanding arbitration may within twenty (20) days select any individual from that list and that person shall serve as the arbitrator. If no arbitrator can be agreed upon at the end of this process, the parties shall each select one individual from its own list and those two individuals shall select a neutral third party to serve as the sole arbitrator. The costs of the arbitration may be awarded by the arbitrator to the prevailing party according to the discretion of the arbitrator or arbitrators.
8.3 Scope; Waiver of Jury. By signing this agreement, the parties agree to binding arbitration of all disputes, whether as to fees and/or costs, services rendered, the arbitrability of the dispute, or otherwise; the parties are giving up rights to a jury or court trial except as aforesaid; and, specifically, you are waiving your right to proceed under the arbitration provisions of the State Bar Act, California Business & Professions Code §§6200, et seq. and the applicable provisions of any other State. If you so desire, Givfluence encourages you to have this agreement reviewed before execution by independent counsel acting on your behalf.
9 Ownership of Intellectual Property; Confidentiality
9.1 It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of Givfluence including but not limited to the Givfluence website, customer service and maintenance tools. You acknowledge that all right and title to any such Givfluence intellectual property shall remain the sole property of Givfluence and that you have no right, title or interest therein. You further agree not to provide access to the Givfluence services to any third party. You agree yourself and not to assist any third party in any way to use, translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Givfluence Services. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the Givfluence service shall also remain the sole property or Givfluence.
9.2 During the term of this agreement you may have access to certain information and materials relating to the Givfluence business, customers, software technology and marketing which Givfluence treats as confidential (hereinafter “Confidential Information”). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any “Confidential Information” without the express prior written consent of Givfluence; and (ii) not use or disclose any of the “Confidential Information” for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
10.1.1 Givfluencers – Termination of Campaign Participation.
Givfluencers may terminate their participation in a campaign at any time without advance notice. Where a Givfluencer terminates their participation in a campaign after accepting the campaign but before receiving GivFluence Acknowledgement that the campaign has been successfully completed, there will be no payment to the GivFluencer. Where any campaign is not completed within the time required thereby, the GivFluencer’s
10.1.2 GivFluencers – Termination of GivFluence Agreement.
Either GivFluence or GivFluencer may terminate GivFluencer’s rights to accept additional campaigns under this Agreement at any time without notice with or without cause except that where GivFluence terminates a GivFluencer’s rights under this Agreement without cause and where GivFluencer has, prior to such termination already received acknowledgement of completion for a campaign, that campaign shall remain payable as required elsewhere herein. Where such termination is for cause there shall be no further right to compensation. For Cause, as use herein, shall include but not be limited to the following: (a) Violation of any terms hereof (b) Any action contrary to the best interests of GivFluence or any Brand (c) Any misrepresentation of GivFluencer’s identity.
10.2.1 Brands – Termination of Campaign Participation.
A brand may terminate its participation in a GivFluence campaign at any time prior to the commencement or during any campaign except that where a GivFluencer has completed a portion of a campaign and is unable to complete the campaign because of a Brand’s termination, the Brand shall pay the pro-rata share of the campaign for the portion that was completed prior to such termination. GivFluencer agrees that upon notice from a Brand her/she shall immediately stop all activities related to any existing campaign.
10.2.2 Brands – Termination of GivFluence Agreement.
Either GivFluence or a Brand may terminate a Brand’s rights to place additional campaigns under this Agreement at any time without notice with or without cause except that where GivFluence terminates a Brand’s rights under this Agreement without cause and where Brand has approved a campaign by a GivFluencer the Brand shall continue to be responsible for payment of the Pro-Rata share of such campaign completed prior to such termination.
11.0 Information Use
As to information exchanged between you and Givfluence, You hereby consent and agree that as to any information which Givfluence may collect from you and/or maintain with respect to you, including but not limited to your Givfluence account information, dates of service, billing address, billing records, usage statistics, site statistics, domain name purchases, correspondence to or from Givfluence concerning you or your account, or other information which in Givfluence sole judgment is reasonable, Givfluence may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted or otherwise reasonable shall be within the sole discretion of Givfluence and may include but shall not be limited to (1) compliance with court order, subpoena or other request of any State or Federal government, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act (3) compliance with the Givfluence Terms of Service or other policies. Nothing contained herein shall effect any rights or obligations arising out of the attorney work product, attorney client or any other legal privilege that may apply to the disclosure of any information.
11.2 During and after the term of this agreement you agree to receive periodic emails from Givfluence in regards to Givfluence or partner products, services, your account, and system conditions, changes, updates or and schedules.
11.3 You agree to provide and at all times during the term of this agreement maintain true and accurate account information on file with Givfluence specifically including your Name, Address, Email address, telephone number billing information and any other account information requested at any time during the sign up process. You further agree that the failure to provide or maintain such accurate information is a material breach of this agreement and subjects your account to suspension and/or termination as set forth in paragraph eight (8) herein.
12.1 Any notice under this agreement shall be given by Givfluence to you via email at the address provided by you to Givfluence at the commencement of this agreement or as Givfluence is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do so by contacting customer service via the Givfluence website located at Givfluence
12.2 Any notice by you to Givfluence shall be made by telephone to a customer service representative at 1-310-469-9600 during Givfluence regular business hours of 9:00 a.m. to 5:00 p.m. Pacific Standard Time and is effective only upon receipt by Givfluence of any such notice. Such notice may also be sent via United States Mail to the following Address:
a Division of JACO Product Development, LLC
10990 Wilshire Blvd., Suite 1025,
Los Angeles, CA 90024
Sections 1, 2.4, 3 – 4, 6 – 8, 10.2, 10.4, 10.5, 11, 13, 16 – 18 inclusive, of this agreement shall survive the termination of this agreement and shall remain in full force and effect after any such termination.
14 Warrantees and Limitations
14.1 Givfluence makes every reasonable effort to maintain operation of the Givfluence service however because as many events and circumstances are beyond the control of Givfluence, Givfluence does not in any way warrant or otherwise guarantee the availability of the Givfluence system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of Givfluence.
14.2 THE GIVFLUENCE SERVICE IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
14.3 In general, Givfluence has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. Givfluence accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. Givfluence provides no warrantee for any goods or services which you obtain over the Internet nor the compatibility of any such services with the Givfluence system.
14.4 You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.
14.5 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO Givfluence IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL Givfluence BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
15.1 You agree to fully defend and indemnify and hold harmless Givfluence and any assigned counsel of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of Givfluence in any way related to your use of the Givfluence service or any portion thereof.
15.2 You agree to fully defend and indemnify and hold harmless Givfluence and any assigned counsel of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the Givfluence service or any portion thereof. Choice of counsel remains exclusively that of Givfluence.
15.3 You agree that upon the assignment of your user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless Givfluence and any assigned counsel of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of the indemnified party.
16 Force Majeure
Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
17. U.S. Export Controls
Software available in connection with the Givfluence services is subject to United States export controls. No Software may be downloaded from Givfluence or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the any downloaded Software or software component is at your sole risk.
This agreement is not subject to assignment by member but may be assigned by Givfluence to an Associate law firm upon notice of such assignment by Givfluence to member. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.
19. SeverabilityIf any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
20 Choice of Law
This Agreement shall be interpreted under the laws of the State of California without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the State of California, County of Los Angeles . The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
21 No Agency
Notwithstanding any other provision of this agreement, Givfluence is not your agent, partner or joint venturer in any respect.
Givfluence may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the Givfluence web site in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.
23 Required Notices
23.1 Copyright Infringement Claims – Any notice concerning any claim of copyright infringement should be addressed to Givfluence, COPYRIGHT INFRINGEMENT CLAIM, 10990 Wilshire Blvd., Suite 1025, Los Angeles, CA 90024 (310) 469-9600. The accounts of repeat infringers will be terminated.
23.2 California – Pursuant to the terms of The Electronic Commerce Act of 1984 please be advised that as may be applicable to you under California Law if you are unsatisfied with the manner in which a complaint that you may have regarding the Givfluence service you may contact the complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.