Last Modified: 14 January 2025
Please review these terms (the "Agreement") carefully. Wherever used in this Agreement, "you", "your", "Customer", "Brand", or "Marketer" means the person or legal entity accessing or using the Webfluential Platform or who has signed the License Agreement & Authorization Form. If you are accessing and using the Services on behalf of a company or other legal entity, these terms refer to that entity.
Webfluential maintains the Platform to connect marketers / brands and relevant influencers for digital brand campaigns.
This Agreement sets out the terms and conditions which govern your use of the Website, the Platform, our influencer apps and the Services. Your attention is specifically drawn to clauses 14 and 15 that limit the risk and liability of, and impose an obligation on you to indemnify, Webfluential and other parties.
By clicking “Accept” on registration, you confirm that you have read, understand and agree to this Agreement.
"Brand" or "Marketer" refers to any individual, company, or organization that uses the Platform to engage influencers for marketing campaigns.
"Campaign" refers to any marketing initiative, promotion, or content creation project initiated by a Brand through the Platform.
"Confidential Information" means any information relating to Webfluential's business, operations, platforms, processes, methodologies, data, know-how, designs, trade secrets, and client information.
"Content Brief" refers to the detailed specifications, requirements, and guidelines provided by Brands for their campaigns.
"License Agreement & Authorization Form" refers to the document executed by Customer specifying the services, fees, and specific terms of access to the Platform.
"Personal Information" means any information relating to an identifiable natural or juristic person.
“This/the Agreement” refers to these terms of use.
"Webfluential Platform" means the global influencer marketing platform operated by Webfluential to facilitate digital content creation, marketing campaign management, execution, and reporting and includes the Website and any of Webfluential’s influencer apps..
“Webfluential” refers to Webfluential Global Limited, a company incorporated in accordance with the laws of the Republic of Mauritius, with its registered address at Level 3, Alexander House, 35 Cybercity, Ebene 72201, Republic of Mauritius.
“Website” refers to, and includes any part or element of, Webfluential.com and any of its sub-domains.
“Your Account” refers to the account and profile you set up on the Platform.
This Agreement will commence upon your clicking “Accept” on registration and will continue until terminated in accordance with its terms.
When you apply to use the Platform, you will be redirected to a page requesting you to enter your Twitter or Instagram login details in order to authorise Webfluential to authenticate you via your Twitter account. By granting Webfluential such authority, you acknowledge and agree that Webfluential will be able to read tweets from you timeline and see who you follow. Webfluential will not be able to follow new people, update your profile, post tweets on your behalf, access your direct messages or see your Twitter password. Webfluential reserves its right to refuse your application to be an influencer for any reason whatsoever.
Once you have been successfully authenticated by Webfluential, you will be required to open an account and complete your profile and audience demographics on the Platform. You confirm that all of the information that you provide for this purpose is accurate and complete in all respects and you undertake to notify Webfluential of any changes to such information by editing your details accordingly.
Your Account is for your personal use only and you undertake not to, under any circumstances: share Your Account login details with any third party; or permit any third party to gain access to Your Account.
You may not use Your Account or any of your social media accounts to post or disseminate any content, information, data or commentary which, in the sole opinion of Webfluential is harmful or inappropriate to Webfluential, its employees, marketers and their brands or other influencers. Although not an exhaustive list, specific examples of prohibited social media include posting commentary, content or images that:
You undertake to maintain the security and confidentiality of Your Account details and will be responsible for all use of the Platform through Your Account and all social media accounts linked to your Platform account.
If the security or confidentiality of Your Account is compromised or you believe that a third party has gained unauthorised access to Your Account, you will notify Webfluential in writing and change your password immediately.
When applying for a Brand account, you must:
Brands/Marketers may not:
Your use of the Platform, any applications linked to the Platform and Your Account is at all times subject to your compliance with this Agreement. By accepting these terms and using this platform you agree that you in turn abide by the terms and policies of your social profiles (Twitter, Instagram, Facebook etc) which are linked to Webfluential.
You agree that you have the necessary approvals, authority, ownership, copyright, to all material, content and opinions shared through your social profiles which may be visible through Webfluential.
You absolve Webfluential from any and all liability incurred in oversight of these terms. You will not:
You agree and undertake not to compromise, or attempt to compromise the security of the Platform, including but not limited to:
Brands must:
All payments shall be made by electronic transfer of immediately available and freely transferable funds, free of any deductions or set-off whatsoever. Brands agree to:
Brands may cancel campaigns under the following conditions:
Once Your Account has been activated and your profile and audience demographics completed, you will be able to accept or decline job offers from marketers based on brands that you would like to work with.
You will be liable for all associated taxes according the regulatory and tax authorities of your country.
If you accept a job offer, you agree that:
You will be required to complete that job in accordance with the specifications and within the time period stipulated. You may not assign or sell the job to any third party. Time is of the essence in completing the job and that, if you fail to meet any deadlines stipulated, the following amounts will be deducted from the fee you would have received for the job:
The above penalties are in proportion to, and are reasonable given, the prejudice suffered as a result of your failure to adhere to the deadline stipulated.
You undertake not to, directly or indirectly, work with, promote, market, engage with, create or disseminate content for brands which compete with the brand which is the subject matter of a job accepted by you for a period of three months from the date of publication, posting or dissemination of Webfluential contracted content for such job.
Payment of fees due to you for completion of a job shall, subject to clause 6.2.B, be made to a paypal or local bank account nominated by you for such purpose in accordance with the rate and terms of payment stipulated for such job.
You will also receive shortlist e-mails from time to time when Webfluential is in discussions with marketers regarding potential jobs. You undertake not to:
Webfluential will be entitled to terminate this Agreement and to institute any application to interdict your conduct or action against you, which action may include a claim for damages, in the event that you breach clause 6.4.
Platform Content: All of the content on the Platform is proprietary to Webfluential, its affiliates,marketers or other influencers. Except as provided for in this Agreement, no licence or any other right is granted to you in respect of such content and you will not, and will not permit any third party to, archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, create derivative works from, offer for sale, or use any content on the Platform without Webfluential’s prior written permission.
The Platform: You acknowledge and agree, as between you and Webfluential:
All intellectual property rights in and to the Platform, including all source information, data and software code comprising the Platform, vest in Webfluential.
You will not, and shall not permit or assist any third party, to infringe Webfluential’s rights in and to the Platform.
You will not challenge, question or dispute Webfluential’s right, title and interest to any of its intellectual property rights in and to the Platform, nor the ownership thereof or assist any other person or entity to do so.
Your content: All intellectual property rights in any audio, text, pictures, graphics, comments or other content posted or uploaded by you to any social media website which is created by you and not by Webfluential, its affiliates or marketers, other influencers or any other third parties, shall vest in you and Webfluential does not claim any rights to such content.
Webfluential’s Privacy Policy is incorporated into this Agreement by reference. All personal information which you submit to Webfluential in connection with Your Account and your use of the Platform is collected, used and disclosed in accordance with Webfluential’s Privacy Policy.
Webfluential’s Privacy Policy is accessible in electronic form on the Website at Privacy Policy. You acknowledge and agree that you have read and understood the provisions of Webfluential’s Privacy Policy and that your use of the Platform is also governed by this policy.
Without derogating from Webfluential’s right to terminate this Agreement, Webfluential will be entitled to, with our without notice, suspend your access to the Platform and/or Your Account for any reason and for such period as Webfluential in its sole discretion determines to be appropriate, if any activities occur on Your Account which, in Webfluential’s sole discretion, would constitute a breach of this Agreement, contravention of any law and/or a violation and/or infringement of any rights of a third party.
Save for in instances where you have accepted but not completed any jobs, you may terminate this Agreement at any time by logging into Your Account, navigating to 'settings' and then by clicking the 'Disable Account' button. In the event that you access the Platform through an app, the deletion of that app will not delete Your Account nor constitute a termination of this Agreement. Your Account may only be deleted by accessing the Platform through the Website. Webfluential shall, in its sole discretion, be entitled to terminate this Agreement at any time and with immediate effect without prior written notice to you.
Upon the termination of this Agreement by Webfluential:
Your Account and all content, data and information residing in and/or pertaining to any activity linked to Your Account will be deleted by Webfluential save to the extent that Webfluential is required or permitted to retain such content, data and information in accordance with any applicable laws;
any jobs accepted by you but not completed will be cancelled and you will have no claim to any fees in respect of such jobs; and
you will delete any Webfluential software or applications which you have downloaded.
Clauses 2, 5.2, 7, 9, 10, 11 and 12 of this Agreement will survive the termination of this Agreement for any reason whatsoever.
Brands warrant that they:
If Customer disputes any portion of an invoice:
In the event of disputes between Brands and Influencers:
Brands may not:
Webfluential does not employ influencers nor is it involved in the recruitment of influencers as employees on behalf of third parties. Webfluential will not be responsible for any decisions made by you in connection with the acceptance of any jobs through the Platform.
Whilst Webfluential uses all reasonable endeavours to ensure that the content on the Platform is accurate and lawful, such content may contain inaccuracies or errors or be unlawful. Webfluential accepts no responsibility or liability for any inaccurate, unlawful or erroneous content on the Platform.
The Platform and its content are provided "as is" without any warranties, including but not limited to express or implied warranties of merchantability, fitness for a particular purpose, compatibility of the Platform with your software or devices, title and non-infringement or about the suitability, reliability or accuracy of the Platform and its content.
You absolve Webfluential and its employees, directors, agents and marketers (“the Indemnified Parties”) from all liability and indemnify them from any claim by any person for damages or loss of whatever nature (including but not limited to consequential damages or special damages) flowing directly or indirectly from your use of the Platform or Website whatever the cause/causes are (including any negligent or grossly negligent act or omission by any of the Indemnified Parties), save only for the exclusion of intentional action on the part of the Indemnified Parties.
Webfluential may from time to time update its terms and conditions. By continued use of the platform, you agree to abide by any and all of the terms included, changed or amended from time to time.
Warranty of Authority: You warrant to Webfluential that you have the power, authority and legal right to sign and perform this Agreement and, if you have entered into this Agreement in a representative capacity, that this Agreement has been duly authorised, and constitutes a valid and binding obligations in accordance with the terms of this Agreement
Applicable Law and Jurisdiction: This Agreement shall be governed by and interpreted in accordance with South African law. You hereby consent to the exclusive jurisdiction of any Court in South Africa in respect of any proceedings which may be instituted.
Whole Agreement: This Agreement and Webfluential’s Privacy Policy constitute the whole agreement between Webfluential and you with respect to your use of the Platform. No agreement, representations or warranties, other than those set out in this Agreement and Webfluential’s Privacy Policy will binding on the parties. In the event of a conflict between this Agreement and Webfluential’s Privacy Policy, the terms and conditions of this Agreement shall prevail.
Changes to this Agreement: Webfluential may, from time to time, change this Agreement. Such changes will be effected by way of publication thereof on the Website, and you waive any right you may have to receive specific notice of such changes or modifications.
Assignment: This Agreement is personal to you and shall not be assigned (whether voluntarily or involuntarily) or otherwise transferred in whole or in part by you without the prior written consent of Webfluential. Notwithstanding the aforegoing, Webfluential will be entitled to assign this Agreement to a third party without notice to you.
Waiver: No latitude, extension of time or other indulgence which may be given or allowed by a party to the other in respect of the performance of any obligation or enforcement of any right arising from this Agreement and no single or partial exercise of any right by a party shall under any circumstances be construed to be an implied consent by such party or operate as a waiver or a novation of, or otherwise affect any of that party's rights in terms of or arising from this Agreement or estop such party from enforcing, at any time and without notice, strict and punctual compliance with each and every provision or term of this Agreement.
Notices: You choose the physical address and e-mail address given to Webfluential in connection with Your Account as your domicilium citandi et executandi at which all notices,legal processes and other communications must be delivered for the purposes of this Agreement.
All notices, legal processes and other communications must be delivered to Webfluential for the purposes of this Agreement by hand or e-mail to the following address: Webfluential Global Limited, Level 3, Alexander House, 35 Cybercity, Ebene 72201, Republic of Mauritius.
E-mail: [email protected]Any notice to a party delivered by hand to a responsible person during ordinary business hours at its chosen physical address or transmitted during ordinary office hours by email to its chosen e-mail address, unless the contrary is proved, shall be deemed to have been received on the day of delivery or transmission as the case may be.
