Last Updated: September 7, 2016
We believe that consumers should always be put first with sponsored posts. Therefore, both influencers and brands need to ensure they apply the latest best practice so that no campaign or post is false or misleading. Yoscore expects that all users comply with all applicable laws and industry self-regulation. This means that all influencer marketing posts facilitated through Yoscore should be transparent and labeled with appropriate disclosures.
Be responsive. Please appreciate the energy each Influencer has invested into their post proposals by responding to each one quickly. This will also prevent Influencers having a negative experience with your brand.
In connection with your use of the Site or your Account, if you are a publisher or seller of advertising, you agree to:
Install and use Company's ad serving code on your website at all times that you publish or sell ads through the Site, or alternatively, maintain a third party ad server connection such that Company is able to publish ads through your ad server as agreed;
If Publisher asks Yoscoreto make any changes to their Yoscore Publisher account on Publisher’s behalf including, but not limited to, creating/editing/deleting Verticals, changing/editing categorisation their Site, changing/updating account/payment details, Publisher agrees and understands that all the changes made are still entirely the Publisher’s responsibility, and that it is the Publisher’s responsibility to check everything thoroughly, and ensure all changes and updates are accurate and correct. If there are any errors made, then Publisher agrees to take full responsibility.
10% of all monies paid by advertisers shall be retained by Yoscore as service fees.
Time is the essence. Post must stay on the top of your feed for minimum 5 hours and on your platform for 30 days. Plus content must not have been published anywhere prior to you submitting it to the brand.
Authenticity is the key. If you wouldn't recommend the brand for free - don't recommend it for money.
All imagery submitted must be owned and captured by you, unless otherwise directed by the brand. We work exclusively with Influencers who've organically grown their audience, therefore if you're misrepresenting the size of your audience or engagement in your content, we reserve the right terminate your Yoscore account.
Quality over quantity. If you're seen to be recommending competing brands in quick succession or over-populating your feed with sponsored posts, you'll lose credibility with your audience.
6. Any costs associated with downloading, installing, accessing and using any element of the Yoscore Platform remain your responsibility and are dependent on the service provider used.
7. Yoscore makes no representation that the Yoscore Platform (or any element of the Yoscore Platform) is appropriate or available for use in all locations.
8. If you are the driver of a vehicle (or other form of transport), you must not use the Yoscore Platform while the vehicle (or other form of transport) is moving or is stationary but not lawfully parked. You may only use the Yoscore Platform when the vehicle is lawfully parked. You must comply with all applicable road rules and regulations before and while using the Yoscore Platform. In the interests of safety at all other times, Yoscore recommends that you only use the Yoscore Platform when it is lawful and safe to do so.
9. The Yoscore Platform allows Brands to create Influencer Marketing Campaigns and Content Only Campaigns as well as banner, text and widget ads which are then shared with Influencers. Influencers can respond to a Campaign by creating a Post or Paid Content and submitting it to the relevant Brand for approval. Influencers earn compensation when:
a. In relation to Influencer Marketing Campaigns, a Brand approves a Post and the Post is published to the Influencer's Community via his or her Channels, as selected; or
b. In relation to Content Only Campaigns, a Brand approves Paid Content and acquires rights to use that Content in accordance with a Rights License.
11.Influencers and Brands agree that they will not attempt to negotiate terms or payment with each other outside of the Yoscore Platform. Without limiting any other rights or remedies available to Yoscore, any attempt to circumvent the Yoscore Platform may result in removal from the Yoscore Platform at Yoscore's sole discretion.
12.You may not decompile, reverse engineer, disassemble, convert or authorize any third party to decompile, reverse engineer, disassemble or otherwise convert any element of the Yoscore Platform to a human perceivable form; distribute or republish any element of the Yoscore Platform in any way; resell, rent, lease or lend any element of the Yoscore Platform; defeat, disable or circumvent any security feature of the Yoscore Platform; or transfer any element of the Yoscore Platform to any third party.
14.You are solely responsible for your interactions with other users of the Yoscore Platform. You agree that Yoscore is not responsible for the conduct of any user.
15.You must not engage in crawling, scraping, caching or otherwise accessing any content on the Yoscore Platform via automated means, except with Yoscore's written consent.
18.The Yoscore Platform may contain links to other sites not maintained by Yoscore ("Linked Sites"). Yoscore is not responsible for the content of any Linked Sites, whether or not Yoscore is affiliated with the Linked Sites. Yoscore does not in any way endorse any Linked Sites and is not responsible for the quality or delivery of any products or services offered, accessed or advertised by such Linked Sites. To the extent that these Linked Sites collect personal information or contributions from you, Yoscore shall bear no responsibility or liability for the manner in which such information or postings are used or exploited. The Linked Sites are for your convenience only and you agree to access them at your own risk.
21.Yoscore reserves the right to refuse or cancel registration of an Account for any reason in its sole discretion. Any decision of Yoscore is final and no correspondence will be entered into.
22.All information provided when registering an Account must be current, correct and complete. Incomplete, ineligible or incomprehensible Account registrations will not be valid. You must be logged in to your Account in the manner required each time you wish to use the Yoscore Platform. You may never use another's Account without their permission.
23.You are responsible for maintaining the strict confidentiality of your Account details and for any activity under your Account. You agree to immediately notify Yoscore of any unauthorized use of your Account or any other breach of security. It is your sole responsibility to control access to and use of your Account and to notify Yoscore when you desire to cancel your Account. Yoscore will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
25.The use of any automated software or any other mechanical or electronic means allowing a member to create Accounts is prohibited. Yoscore reserves the right to suspend or terminate your Account if it believes you are engaging in such activity.
26.Users understand that in creating an Account they are providing their information to Yoscore and not to any social media platform. Users of the Yoscore Platform (whether Influencers or Brands) are solely responsible and liable for any Content or information they transmit to other users. To the extent permitted by law, each user of the Yoscore Platform agrees to indemnify, defend and forever hold harmless, all social media platforms and their associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by the user in respect of their use of the Yoscore Platform. Any questions, comments or complaints about the Yoscore Platform must be directed to Yoscore and not to any media or social media platforms. For the purposes of this provision, Yoscore contracts on its own behalf and also on behalf of the social media platforms and, accordingly, may take action in that capacity to recover on behalf of the social media platforms where acts or omissions cause loss or damage to such social media platforms or to Yoscore.
27.Conditions 28-50 apply only to Influencers participating in the Yoscore Platform.
28.Any person over the age of 16 years, or over the age of 13 years with the written consent of a parent or legal guardian, may register an Influencer Account, but in order to participate in any Campaigns and earn compensation via the Yoscore Platform, Influencer's must meet the following minimum standards:
1. at least 2000 followers on the Influencer's Channels;
2. Influencer's Channels must be public (viewable by anyone);
3. have at least 20 post;
4. have a minimum average engagement rate of at least 2%, 3% in some cases and;
29.If you do not meet the minimum standard in condition 29 above, you may not be able to participate in Campaigns or access the full functionality of the Yoscore Platform.
30.In order to submit a Post, an Influencer must connect their Instagram account, Twitter account, Facebook Page or other social media account in the manner required.
31.In relation to Influencer Marketing Campaigns, once a Post has been approved by a Brand, you are required to publish the Post to your relevant Channel through the Yoscore platform in the manner required within 48 hours of the Post being approved. You will not have an opportunity to edit a Post after a Brand has approved the Post. You agree you are solely responsible for the publication of Posts. Yoscore merely provides a service allowing Brands to approve Posts before publication, but the publishing of Posts via the Yoscore Platform remains your responsibility.
32.In relation to Content Only Campaigns, once Paid Content has been approved by a Brand, you agree that you must not share the Paid Content on your Channels or elsewhere.
34.You acknowledge and agree that the relevant Brand, not Yoscore, will be solely liable for Payment of the applicable Post Fee for the approved Post. Yoscore merely facilitates such Payment on behalf of the Brand and, while Yoscore may remit payment to the Influencer directly to the account details provided by Influencer, under no circumstances does Yoscore accept liability for Payment of the Post Fee. You agree that you will not pursue any actions, legal or otherwise, against Yoscore for any non-payment, and that this provision constitutes a bar to any such proceedings.
36.When required by law, influencers must clearly disclose in sponsored Posts their relationship with the Brand. Yoscore requires that you make such disclosures in such a way so that it is clear to the ordinary consumer viewing your Channels that there is a commercial relationship between Influencer and the Brand. This may be achieved through the use of hashtags such as #advertisement, #sponsored or #ad or through other means suitable to your particular circumstances, Community and Channels. Yoscore reserves the right, but is in no way obliged, to review and monitor the disclosure practices of all Influencers in relation to particular Posts or your Channels generally and to require greater levels of disclosure (at Yoscore's sole discretion) in particular Posts or across your Channels generally or, if you do not agree to the required levels of disclosure, to remove you from the Yoscore Platform.
37.Influencers must not misrepresent the size of their audience or their numbers of followers or engagement. Followers must be obtained organically and not through unethical or unsportsmanlike behavior such as (but not limited to), purchasing followers, likes or engagement. In the event that Yoscore suspects (in its sole discretion) that Influencers are not complying with the requirement for followers to be authentic and organically grown, Yoscore reserves the right to remove Influencers from the Yoscore Platform.
38.You warrant, in respect of each Post and all Paid Content you upload to the Application, submit to a Brand for approval, or publish to a Channel via the Yoscore Platform, that:
1. you are aged over 16 years or over 13 years and have your parent or legal guardian's consent;
2. for Influencers aged over 16 years, if your Post or Paid Content features children aged 16 or younger, that you are the parent or legal guardian of those children;
3. for Influencers aged 13 years to 16 years, that you have your parent or legal guardian's consent and that your Post or Paid Content does not feature other children aged 16 years or younger;
5. the relevant Post or Paid Content does not violate the privacy rights, contract rights or other rights (including Intellectual Property Rights) of any person, corporation or entity;
6. the relevant Post or Paid Content does not contain any misrepresentation or suggestion that you or any entity has the approval or sponsorship of any other entity which you or it does not have;
7. any and all opinions and views stated in the relevant Post or Paid Content are genuinely held by you;
8. and any and all statements in the relevant Post or Paid Content regarding your use and experience of the Brand or the Brand's products or services are true and correct and representative of your opinion regardless of whether you are paid for such content or not, and fairly represent your use and experience and you will promptly notify Yoscore if your opinion of the Brand changes from that which you have expressed to date;
9. the relevant Post or Paid Content does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
10.the relevant Post or Paid Content is original and does not contain materials that have been previously broadcast, streamed, published, posted onto any social media channel, or otherwise communicated to the public by you in any way and does not contain materials that have been used in previous marketing materials or promotions for any third party or which otherwise infringe the rights of any third party;
11.if the relevant Post or Paid Content includes any Third Party Material (including music or personality/talent rights), that all such Third Party Material and any associated license terms or use limitations have been fully disclosed to Yoscore and the Brand;
14.the use of the Post or Paid Content and the exercise of the Intellectual Property Rights in the relevant Post or Paid Content by the Brand and Yoscore will not infringe any legal rights, copyright or other Intellectual Property Rights of any person or entity nor give rise to a liability to pay compensation.
41.Yoscore and the relevant Influencer and Brand acknowledge and agree that any necessary public relations announcements regarding the removal or modification of a Post, as the case may be, will be agreed by Yoscore and the relevant Influencer and Brand before publication.
43.In consideration of Payment of the Post Fee, the Influencer agrees to grant in respect of each and every Post:
1. to Yoscore (and its agents) the right to edit and re-format the Post into such formats or versions for use by Yoscore in such media as Yoscore requires in accordance with this clause;
2. to Yoscore (and its agents):
1. a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable license to use the Post for the purpose of marketing and promoting Yoscore (and its products and services) in any manner, without further notification to or consent of the Influencer or any further compensation payable to the Influencer;
2. the right to use the Influencer's Identity and performances in the Post and to communicate the Post to the public in all languages, in all media including but not limited to: all online paid media (including but not limited to digital banners); in all online owned media (including but not limited to the website of Yoscore and internal communications of Yoscore); in all social media (including but not limited to the social media channels of Yoscore); and in any earned media or public relations activity published by a third party (including but not limited to print, digital and/or social media).
3. to the relevant Brand (and its agents):
1. the right to organically share, comment upon and organically re-post the relevant Post in the social media channel upon which the Post was published, for a period of thirty (30) days expiring on the thirtieth day after the Post was first published; and
2. the right to use the Influencer's Identity and performances in the Post and to communicate the post to the public and in any earned media or public relations activity published by a third party (including but not limited to print, digital and/or social media).
44.You acknowledge and agree that the relevant Brand will not be required to remove from its social media channels any Post or any comment, share or re-post of a Post after the period in condition 43(3)(1) has expired.
45.As an Influencer, in respect of each Post, you consent to the relevant Brand and its successors, licensees, and assigns, and anyone authorized by them, changing, copying, adding to, taking from, adapting or translating, in any manner or context or doing any other act in respect of the Post notwithstanding that such conduct may infringe your moral rights or performer's rights (or similar laws in any territory or jurisdiction) in the Post, and, to the extent possible, your grant a waiver of all moral rights and performer's rights in each Post.
46.Content Only Briefs give Influencer's the opportunity to sell Content without the need to post the Content to their Channels.
47.When you upload Paid Content in response to a Content Only Brief, you may be presented with a special Content Rights Terms document.
49.You acknowledge and agree that upon payment of the Paid Content Fee the Paid Content and all Intellectual Property Rights subsisting in Paid Content irrevocably becomes the property of Yoscore. This assignment is absolute, worldwide and for all uses and purposes including, without limitation the re-assignment of the Paid Content to any other person or entity (including a Brand), licensing the Paid Content to any other person or entity (including a Brand), the making of any modifications, enhancements, adaptations or versions of the Paid Content, creating derivative works, and including any releases of the Paid Content in any medium. You must, upon request by Yoscore, execute all documents and perform all acts necessary to vest all intellectual property rights in the Paid Content in Yoscore.
50.Influencers acknowledge and agree that Paid Content must not be posted to their Channels or published in any other way under any circumstances, including re-posting or commenting upon the Content after it has been posted or shared by Yoscore or a Brand. Upon payment of the Paid Content Fee, Paid Content becomes the property of Yoscore, pursuant to the Content Rights Term document.
51.By submitting Paid Content, Influencers grant to Yoscore and its successors, licensees and assigns, to the maximum extent permitted by law, genuine consent to use, deal, reproduce, publish, transmit, adapt, edit, change, modify or relocate the Paid Content, whether in whole or in part, and whether alone or in combination with any other materials
52.As an Influencer, you agree that you will not:
1. delay posting your Post after the Brand has given its approval to your Post and you must publish your approved Post no later than 48 hours after receiving notification of the Brand's approval (unless the Brand stipulates a different timeline);
2. for a period of five (5) hours after a Post is published, post, share, repost any other posts or content to that Channel where the effect of publishing such additional posts or content would be to reduce the prominence of the Post;
3. remove the Post from your Channels for a period of 30 days after the Post is published, expiring at 11:59pm on the thirtieth calendar day after the Post is published;
5. parody, disparage, give any adverse comment or make fun of the Brand or its products of services generally in any way;
6. create any contextual or surrounding posts or other material on a Channel that in any way detracts from, dilutes the effect of, or undermines a Post or the Brand or its products or services; and
7. grant any further rights in a Post to a Brand without the written permission of Yoscore and appropriate fees being negotiated on a reasonable basis. Yoscore will charge a reasonable service fee for negotiating any use extensions between you and a Brand; and
8. accept or attempt to negotiate with a Brand more than one Post per Post Fee.
54.As an Influencer, you will at all times perform your obligations and provide Posts or Paid Content to Yoscore and the Brand as an independent contractor and not in the capacity of an employee, partner or agent or in any other capacity. You agree that neither Yoscore nor the Brand will be obliged to pay to you or recover from you any amount as a result of you being deemed to be an employee of either Yoscore or the Brand, including in respect of annual leave, superannuation, withholding tax, income tax, workers compensation contributions or any similar payments or deductions.
56.You acknowledge that Yoscore has not made any guarantees in respect of the success of a Post or that a Post will be approved by a Brand or in respect of your business or commercial performance or otherwise.
57.You agree that you (and your agents) will not negotiate terms or payment from Brands outside the Yoscore Platform. Any attempt to circumvent the Yoscore Platform may result in the removal of you from the Yoscore Platform in Yoscore's sole discretion.
58.Conditions 58-92 apply only to Brands participating in the Yoscore Platform.
59.To register a Brand Account, you must create a Brand Account in in the manner required, including providing your full name, email address, telephone number and password, and providing payment details where requested. You will not be charged to create a Brand Account. You will only ever be charged when you approve a Post.
60.Yoscore may, at its sole discretion, implement/change the minimum spend for Brand Accounts.
61.Brands are able to create two types of Campaigns: Influencer Marketing Campaigns and Content Only Campaigns.
62.Brand agrees to grant in respect of all Content uploaded to the Yoscore Platform as part of a Campaign:
1. to grant to Yoscore (and its agents), a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable license to use the Content for the purpose of marketing and promoting Yoscore (and its products and services) in any manner, without further notification to or consent of the Brand or any compensation payable to the Brand; and
64.With respect to Content Only Campaigns, Brand acknowledges and agrees that the Brand's use of any Paid Content is strictly conditional upon payment of the Paid Content Fee.
65.Yoscore has the right to cancel, suspend, restrict services to and/or terminate a Brand's account if Yoscore believes (in its sole discretion) that the Brand is not using the Yoscore Platform in a fair and reasonable way, or are attempting to use the Yoscore Platform in a way which does not treat the Influencers or the Yoscore Platform in a fair and reasonable way and/or in accordance with the purposes for which the Yoscore Platform were intended.
67.You must pay all charges in the manner set out in the Yoscore Platform or as otherwise advised by Yoscore in writing from time to time. If no manner for payment is stated, the payment must be made by credit card using a provider authorized by Yoscore. Yoscore reserves the right to charge a credit card surcharge.
68.Brands and Media Agencies may request that Yoscore issue a quotation for fees and charges expected to be incurred by the Brand or Media Agency during the course of a Campaign, prior to the commencement of the Campaign.
69.Yoscore reserves the right to refuse any quotation request in its sole discretion.
70.In the event that a Brand or Media Agency requests a quotation and Yoscore approves, the Brand or Media Agency to pay by Invoice, a minimum Invoice amount of $1000 (excluding VAT) will apply, unless otherwise approved in writing by Yoscore. If a Brand or Media Agency is not domiciled in Morocco, then Invoices will not include VAT (but may include other applicable tax where relevant)
71.Where no terms of payment are stated on an Invoice or otherwise agreed with Yoscore in writing, the following standard payment terms apply:
1. Transactions made on Credit Card are charged upon purchase
2. 10 days from date of invoice for approved Brands and Agencies
72.Where a Brand or Media Agency is approved to pay by Invoice, the Brand or Media Agency must approve the quotation or purchase order (or similar) approving the fees and charges to be included on the Invoice.
73.Fees and charges paid to Yoscore pursuant to an Invoice will be allocated to the relevant Campaign as credit for use in that Campaign.
75.Where Yoscore approves a Brand or Media Agency to pay by Invoice, the Brand or Media Agency irrevocably authorizes Yoscore, its employees, servants and agents to make such enquiries as Yoscore deems necessary to investigate the Brand or Media Agency's credit worthiness, including, without limitation, making inquiries from referees, banks or any other credit providers ("Information Sources"), and the Brand or Media Agency hereby authorizes such Information Sources to disclose to Yoscore, its employees, servants and agents, all information requested by Yoscore for the purpose of assessing your credit worthiness. Any terms of credit offered by Yoscore, including where Yoscore approves payment by Invoice, may be varied by Yoscore in its sole discretion and advised to you in writing.
76.Media Agencies using the Yoscore Platform acknowledge and agree Yoscore is a cost of good. No agency rebates will be given without written confirmation.
77.When you approve a Post or Paid Content, you undertake that you are an authorized user of the card or account (as applicable) nominated on your Brand Account and to pay the applicable charges, that the card details provided are current, correct and complete and that your nominated card or account (as applicable) will cover the full amount of the charges. You must not pay, or attempt to pay, any charges through any fraudulent or unlawful means.
78.In relation to Influencer Marketing Campaigns upon an Influencer publishing an approved Post, you authorize us to debit the Brand Fee that is payable for the Post from your nominated card or account (as applicable) in order to pay the charges.
79.In relation to Content Only Campaigns, upon an Influencer submitting Paid Content, you authorize us to debit the applicable Rights Fee that is payable for the Paid Content from your nominated card or account (as applicable) in order to pay the charges.
80.If you fail to pay any charges or we are unable to successfully process your payment of any charges within the timeframe required (as applicable), we reserve the right to charge a late payment fee calculated at a rate of ten percent (10%) per annum but no less than $10.00 per month. We also reserve the right to withdraw credit facilities (where applicable) at any time or to remove your access to the Yoscore Platform. You may also be liable to pay interest on any amount outstanding on the date the payment becomes due and you may also be responsible for all reasonable expenses incurred by us as a result of such late payment (including but not limited to costs incurred by us to recover any unpaid amounts). Without limiting our rights, in the event you fail to pay any charges within the timeframe and in the manner required, we reserve the right to suspend or terminate your access to the Yoscore Platform or to suspend or terminate any current Campaigns.
81.Brand acknowledges and agrees that it may not offer a product, service or other non-monetary arrangement to an Influencer as partial or full payment by a Brand for an Influencer's Post;
82.Yoscore in its sole discretion reserves the right to reject Campaigns.
83.You agree that you will not negotiate terms or payment to Influencers outside the Yoscore Platform. Any attempt to circumvent the Yoscore Platform may result in the removal of the Brand from the Yoscore Platform in Yoscore's sole discretion. Each Post shall have a Post Fee and all Paid Content shall have a Paid Content Fee, and Brands and Influencers may not circumvent the Post Fee or Paid Content Fee by negotiating or attempting to negotiate multiple Posts or Paid Content for Post Fees or Paid Content Fees.
84.You must not attempt to instruct, coerce or manipulate Influencer to hide the commercial relationship between the Brand and the Influencer. Such attempts may result in Brand being immediately removed from the Yoscore Platform.
85.For the avoidance of doubt, you must not use a Post in any form of paid, sponsored or promoted advertising, including within the social media channel upon which the Post was published (for example, via Facebook Power Editor).
88.You warrant that:
3. you will not encourage or facilitate any misrepresentation or suggestion that the Brand or any entity has the approval or sponsorship of any other entity which the Brand or entity does not have;
4. any Content you upload to the Yoscore Platform does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive; and
5. where the Paid Content or Posts include Third Party Material, you will strictly comply with any use limitations notified to you in respect of the Third Party Material and will obtain all licenses required for your intended use of the Post or Paid Content prior to use of such Post or Paid Content, including obtaining any licenses required with respect to Third Party Material.
90.Brand agrees that Yoscore is not responsible for any aspect of the Brand's Content to be reviewed, shared, sponsored or advertised by Influencers. Brand acknowledges and agrees that Yoscore is not responsible or liable for the content of any Post.
91.Brand acknowledges that Influencers are independent third parties and not directly controlled by Yoscore. As a consequence, any Posts will inherently risk negative or unflattering comments about Brand's content, products or services. Brand specifically acknowledges and agrees that Yoscore has no control over any Post that may be published and that Brand is solely responsible (and assumes all liability and risk) for determining whether such Post are acceptable and appropriate to the Brand.
92.You acknowledge that Yoscore has not made any warranties in respect of the success of any Campaign in respect of your business or commercial performance or otherwise of any Post, Campaign, Channel or other media, marketing communications channel, marketing or advertising campaign, promotion or advertisement.
94.All right, title and interest in all Intellectual Property Rights in all of Yoscore's brands, logos, images, buttons, codes, layout, text, content and products and services as displayed on the Yoscore Platform (the "Brand Features") are the property of Yoscore and will remain or be vested in Yoscore at all times. Your use of the Yoscore Platform will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Brand Features or the Yoscore Platform. Yoscore, on a case by case basis and to the extent required, grants to you a limited, non-exclusive license to use the Brand Features solely for the purpose, and to the extent necessary, to enable you to use the Yoscore Platform.
95.Influencers and Brands participating in the Yoscore Platform warrant, represent and covenant that:
1. all information you provide to Yoscore upon registering for an Account is true, accurate and complete and not misleading;
2. any third-party social media accounts to which you link are:
1. your own accounts;
2. if the Account refers to a Brand, that you are the authorized representative of the Brand with the right to access its social media accounts and represent its interests; and
3. if the Account refers to an individual other than you, you are the authorized representative of that individual with the right to access his or her social media accounts and control his or her interests;
4. You are authorized to submit Content, as applicable, in the manner invited via the Yoscore Platform;
5. any Content you submit to the Yoscore Platform will not contain anything that;
1. is illegal or contrary to any laws, applicable industry code or the requirements or directions or relevant regulators;
2. is copied or adapted either wholly or substantially from any other work or material;
3. is indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, offensive or objectionable or contains, depicts or alludes to or promotes aggressive, unruly, antisocial, lewd or illegal behavior or sexually suggestive imagery;
4. parodies, disparages or makes fun of Yoscore or its products of services or Yoscore generally in any way;
5. solicits passwords or personal information for commercial or unlawful purposes or provides any telephone numbers, street addresses, last names, URLs or email addresses (unless part of a Campaign);
6. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated materials;
7. involves the transmission of junk mail, chain letters, unsolicited mass mailing or spam; or
8. infringes the privacy rights, contract rights or other rights (including Intellectual Property Rights) of any person, corporation or entity.
1. neither the Influencer nor Yoscore is required to purchase any of the Brand's products or services;
2. Brand may, in its sole discretion, arrange to send an Influencer a sample product. Influencer may request a Brand to send a sample product, but Brand is under no obligation to do so;
3. Yoscore will not be responsible or liable in any way for late delivery or non-arrival or any products sent from a Brand to an Influencer. Address provided by Influencer through the Yoscore Platform is not verified by Yoscore;
4. if Brand sends a sample product to an Influencer, there is no guarantee that the Influencer will submit a Post about the product. All product reviews must reflect the Influencer's genuinely held beliefs;
5. if an Influencer chooses or accept to purchase a product, there is no guarantee that Influencer's Post(s) about the product will be approved by the Brand;
6. a product, service or other non-monetary arrangement cannot be offered or used as partial or full payment by a Brand for an Influencer's Post;
97.You agree to indemnify, and must defend and hold harmless, Yoscore and its related bodies corporate, personnel, servants and agent, from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in any way connected with any of the following (including as a result of your direct activities on the Yoscore Platform):
1. your Content or access to the Yoscore Platform;
3. your claim against a Brand for any reason;
4. your claim against an Influencer for any reason;
6. any claim or allegation that your Content infringes a third party's rights, including Intellectual Property Rights.
7. your violation of any applicable laws, rules or regulations;
8. any misrepresentation made by you.
98.In using the Yoscore Platform, you may be exposed to Content that is harmful, obscene, misleading or inaccurate. Under no circumstances will Yoscore be liable in any way for any Content, including but not limited to any errors or omissions in such Content or any loss or damage of any kind incurred as a result of any use of Content posted, transmitted or otherwise made available via the Yoscore Platform.
100. Whilst Yoscore endeavors to take all reasonable steps to ensure that the Yoscore Platform operates as expected, the Yoscore Platform and its entire contents are provided on an "as is" and "as available" basis without any warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. Yoscore disclaims all warranties of merchantability, non-infringement and fitness for a particular purpose. Yoscore does not make any guarantees and does not provide any undertaking that the Yoscore Platform will be available at all times or that it will be error free, reliable or secure or free from viruses or other harmful components or that any defects will be corrected. You agree that you use the Yoscore Platform at your own risk and that Yoscore disclaims any and all responsibility for any damage or loss that you may suffer or incur as a result of using the Yoscore Platform, whether they are direct or consequential (including loss of profits, loss of business revenue or loss of goodwill). This includes any loss that results from any interference, malfunction, delays, failures or damage that occurs to your device or that results from accessing, installing, updating or using the Yoscore Platform. You assume total responsibility for your use of the Yoscore Platform, including compliance with all applicable road rules and regulations. Your sole remedy against Yoscore for dissatisfaction with the Yoscore Platform or any content is to stop using the Yoscore Platform or such Content. This limitation of relief is a part of the bargain between the parties.
104. If the Yoscore Platform is not capable of running as planned for any reason beyond the reasonable control of Yoscore, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Yoscore Platform, or if any social media platform alters its terms of service, access or permission in such a way that affects the Yoscore Platform, Yoscore reserves the right, in its absolute discretion, to cancel, terminate, modify or suspend the Yoscore Platform.
109. You may contact Yoscore via:
Mail: 179 Boulevard Brahim Roudani, Casablanca 20250
Email: [email protected]
1. "Account" means a Brand Account or an Influencer Account;
2. "Brand" means any person or entity, or its duly authorized agents or representatives, that use the Yoscore Platform for the purpose of creating Campaigns;
3. "Brand Account" means an account to use the Yoscore Platform as a Brand.
4. "Brand Fee" means the stated fee payable by a Brand to Yoscore in respect of an approved Post plus any applicable VAT;
5. "Campaign" means an Influencer Marketing Campaign or a Content Only Campaign created by a Brand to be opened to Influencers for the purpose of finding appropriate Influencers to submit Content to the Brand or to submit Content to and publish Posts about the Brand;
6. "Campaign Budget" means the sum money a Brand nominates as the sum it is willing to spend during a Campaign;
7. "Channels" means the social media channels of an Influencer, such as Instagram, Twitter, Facebook, YouTube or Snapchat.
8. "Community" means an Influencer's social media following on its Channels.
9. "Content" means a Post, Paid Content, or any other content or materials uploaded to the Yoscore Platform by a Brand or an Influencer.
10."Content Only Campaign" means a Campaign created by a Brand to be opened to Influencers for the purpose of sourcing Paid Content to be used by the Brand directly in accordance with a Rights License, without the Influencer posting the Paid Content to their Channels.
11. "Influencer" means a social media influencer who registers to use the Yoscore Platform to create and distribute Posts and receive compensation for such Posts.
12."Influencer Account" means an account to use the Yoscore Platform as an Influencer.
13."Influencer Marketing Campaign" means a Campaign created by a Brand using the Yoscore Platform to be opened to Influencers for the purpose of finding appropriate Influencers to publish Posts about the Brand;
14."Rules and Guidelines" means the code of practice and conduct that must be adhered to by Influencer's and Brands.
15."Influencer's Identity" means the name, image, likeness, character and online persona of the Influencer.
16."Intellectual Property Rights" means all present or future intellectual property rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, any rights in silicon chip topography, Confidential Information and Know-How and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights.
17."Laws" means all applicable laws, codes of practice and guidance relating to influencer marketing;
18."Media Agency" means an authorized third party organization acting on behalf of a Brand or Brands, including public relations, media, creative, design and digital agencies;
19."Paid Content" means content created by an Influencer in response to a Content Only Brief
20."Paid Content Fee" means the fixed-fee as stated on the Yoscore Platform to be paid to an Influencer for Paid Content submitted to a Content Only Campaign and selected by the Brand.
21."Payment" means payment from Yoscore to an Influencer for a Post or Paid Content or a payment from a Brand to Yoscore, as the context requires;
22."Post" means a social media post created by an Influencer to be shared with the Influencer's Community via the Influencer's Channels.
23."Post Fee" means the fee an Influencer nominates as the amount it will charge a Brand to share a Post with the Influencer's Community via the nominated Channel.
24."Rights Fee" means the fixed-fee as stated on the Yoscore Platform payable by a Brand to Yoscore for a Rights License in respect of approved Paid Content plus any applicable VAT.
26."Third Party Material" means any material included in a Post or Paid Content that is owned by or licensed from a third party, including material in relation to which there may be stated, inherent or industry practice-based use limitations as a result of the rights of third parties including, without limitation, rights in music, rights of personality, talent rights and similar.
27."Yoscore" means Yoscore LTD and the Yoscore brand.
28."Yoscore Materials" means the Yoscore Platform and any associated materials owned, developed or licensed by Yoscore and made available via the Yoscore Platform;
29."Yoscore Platform" means the Website www.Yoscore.com and any associated Yoscore properties or websites.
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