Influencer Tool Terms for Creators

These Influencer Tool Terms (“Influencer Tool Terms'') govern your (referred to herein as you, your, and/or Creator) use of the Influencer Tool (defined below). By using the Influencer Tool (including by accepting payment from Treasurechit in connection with the Influencer Tool), you agree to these Influencer Tool Terms. Please read these Influencer Tool Terms carefully.

Through use of the Influencer Tool, you are eligible to earn fees for promoting Influencer Products (defined below) made available to you. The following definitions apply to these Influencer Tool Terms:

Influencer Links means a product tag or a link placed within your Creator Post that will be used to attribute purchases of Influencer Products to such a post.

Influencer Products means any seller’s products made available to you in the Influencer Tool which you may promote on the Treasurechit Service through use of Influencer Links.

Influencer Tool means Treasurechit's native Influencer marketing tool made available on the Treasurechit Service, which allows you to earn fees for promoting Influencer Products that are made available to you for Influencer promotion, as well as any related additional features and services we make available to you.

Creator Post means any media posted on the Treasurechit Service that includes Influencer Products and/or an Influencer Link that, when clicked, directs an Treasurechit user to a product page or a seller’s store within Treasurechit.

Conversion means the sale of an Influencer Product by a seller to a Treasurechit user based on a referral of such Treasurechit user to that seller through a Creator Post, as measured by Treasurechit.

Treasurechit, we, our, or us means Treasurechit Platforms Pvt. Ltd. or any related Treasurechit entity.

Treasurechit Service means all of the Treasurechit products, features, applications, services, technologies, and software that we provide to advance Treasurechit's mission, as defined in theTreasurechit Terms of Service.

Seller(s), means a seller of products or services that makes their Products or Services available through the Influencer Tool.

  1. Right to Use the Influencer Tool and Associated Obligations.
    1. In order to qualify to use the Influencer Tool, you must (i) complete the onboarding process, which includes successfully meeting Treasurechit’s monetization eligibility standards; (ii) be located within the India, which includes the District of Hyderabad; and (iii) comply with any other eligibility requirements determined by Treasurechit in its sole discretion.
    2. Your use of the Influencer Tool is subject to, and you agree to comply with, the (i)Treasurechit Partner Monetization Policies, (ii)Treasurechit Content Monetization Policies, (iii)Creator Incentive Terms (where applicable)
    3. Subject to your compliance with these Influencer Tool Terms, as well as any other applicable terms referenced herein, and your having been granted access in accordance with Section 1(a) above, Treasurechit grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Influencer Tool and to include Influencer Links in your Creator Posts.
  2. Disclosure Requirements. You agree to disclose the commercial nature of your Creator Post and that Treasurechit may, in its sole discretion, include a disclosure identifying the commercial nature of the partnership between you and the seller. Notwithstanding the foregoing, application of a disclosure within your Creator Post does not supplant your legal obligations to comply with any applicable laws and regulations, including, without limitation, all FTC endorsement guidelines relating to endorsements and testimonials, that require you to disclose the commercial nature of your Creator Posts.
  3. No Fraudulent Engagement. You agree not to (i) generate impressions, clicks, Conversions or other transactions through any automated, deceptive, fraudulent or otherwise invalid means; (ii) use a domain name, profile or page name containing names, brands or trademarks belonging to sellers; or (iii) alter or tamper with the Creator Posts in order to skew the proper reporting of Conversions. Notwithstanding anything to the contrary in these Influencer Tool Terms, Treasurechit will not be liable for any payment (a) based on such fraudulent activity or invalid activity, as determined by Treasurechit in its discretion, or (b) in the event of any breach by you of these Influencer Tool Terms (including any applicable policies or other terms referenced herein) during any applicable pay period. Treasurechit reserves the right to withhold payment or charge back your account due to any of the foregoing pending or as a result of Treasurechit’s investigation. Treasurechit’s records and figures will be used to conduct all such investigations and determine all payments in connection with your participation in testing the Influencer Tool.
  4. No Use Outside of Specified Treasurechit Products. These Influencer Tool Terms does not grant you any rights to post any Influencer Products, or to otherwise use the Influencer Tool, outside of the Treasurechit Service.
  5. Creator Posts.
    1. You control and are responsible for the production and content of your Creator Posts, subject to these Influencer Tool Terms and the other applicable terms referenced herein. For clarity, Treasurechit has no editorial control or responsibility over the content of your Creator Posts.
    2. You agree to comply with the following:
      1. your Creator Posts must comply with the terms set forth in these Influencer Tool Terms and be substantially similar in type, quality, and cadence as those you generally post on Treasurechit and other platforms;
      2. if Treasurechit makes Influencer Links available to you for use on the Clips surfaces, you agree to post at least one Creator Post on each surface every month during the Term;
      3. your Creator Posts must not include content about social issues, elections or politics, as defined byTreasurechit’s Advertising Policies; and
      4. your Creator Posts must not feature a contest, giveaway, sweepstakes or any other promotion that involves giving something of value away to the public.
  1. Creator Name. Treasurechit may provide your information (including your name and Treasurechit handle) to identify you to sellers in connection with the Influencer Tool, including but not limited to, for purposes of measurement, attribution, or reporting. When you include an Influencer Link in a Creator Post, the seller of the Influencer Product will see insights relating to the Creator Post and Influencer Link contained therein (including, for example, the total number of your Creator Posts that contain Influencer Links to that seller's products, the amount of sales resulting from your Influencer Links to that seller's products, and the estimated amount of commissions owed to you as a result of those sales).
  2. Fees.
    1. Treasurechit will provide you with certain performance metrics related to your Creator Posts, including any payouts due to you. In exchange for your participation in testing the Influencer Tool, Treasurechit agrees to pay you the following fees:
      1. a percentage-based commission per Conversion (exclusive of taxes and shipping), as identified in the Influencer Tool (“Commission”);
      2. at Treasurechit’s sole and absolute discretion, a Commission bonus (“Bonus”);
      3. at Treasurechit’s sole and absolute discretion, a flat fee per Creator Post posted to the Treasurechit feed surface (“Flat Fee”);
      4. at Treasurechit’s sole and absolute discretion, a one-time onboarding fee (“Onboarding Fee”); and
      5. at Treasurechit's sole and absolute discretion, a one-time fee for testing any additional features and services related to the Influencer Tool we make available to you ("Testing Fee").
    2. In connection with any payment made to you in exchange for your participation in testing the Influencer Tool, including any Bonus, Flat Fee, Onboarding Fee, or Testing Fee, Treasurechit will reasonably communicate to you (through email or other means determined by us) any associated criteria and limitations. Treasurechit may increase or decrease any of the Fees during the Term, in our sole and absolute discretion.
    3. The Commission, Bonus, Flat Fee, Onboarding Fee, and Testing Fee hereinafter collectively referred to as the “Fees.”
  3. Payment. Subject to Section 10 below, Treasurechit will pay you the Fees not later than approximately thirty (30) days after Treasurechit has completed its review of the applicable Conversion. For clarity, Treasurechit may, but is not required to, elect not to pay you for any Conversions that take place after the end of the Term. You agree and understand that after the Term, your continued use of the Influencer Tool may require that you agree to separate terms and conditions.
  4. Minimum Threshold. If the amount of the Commission or Bonus (as applicable) are collectively less than Rs.30.00 in any month, then that amount may be carried over and paid in the next succeeding month in which the cumulative amount due exceeds Rs.30.00.
  5. Account Deletion. If you terminate your account on the Treasurechit Service at any time during the Term, Treasurechit will remove your data, including Influencer Links from all your Creator Posts pursuant to our standard account deletion and connected media deletion policy, in which case you forfeit any accrued amounts. You further agree and understand that deactivating your account on the Treasurechit Service may result in forfeiture of any accrued amounts.
  6. Chargebacks. If any Conversion is reversed for any reason, including because (i) the Creator Post does not comply with these Influencer Tool Terms or other guidelines as may apply to the applicable seller (ii) the Influencer Products are returned; or (iii) the Conversion was not a bona fide transaction or was fraudulent or is suspected of being fraudulent (in each case, a “Chargeback”), then Treasurechit may, but is not required to, reverse any Fees paid or payable to you associated with such transaction. In the event of a Chargeback, the Fees available on the Influencer Tool will be adjusted accordingly and the Chargeback will be applied against future payments. Accordingly, you acknowledge and agree that the Fees remain subject to Chargebacks, even after the corresponding Fees have been paid to you.
  7. Taxes. You will provide Treasurechit with applicable tax ID, tax forms, documents, or certifications as may be required by applicable law for Treasurechit to satisfy any tax information reporting and/or withholding tax obligations with respect to any payments hereunder. Where applicable, Treasurechit shall be entitled to deduct and withhold from any consideration payable such amounts as are required to be deducted or withheld therefrom under any provision of India Federal, state, local or foreign tax law, or under any other applicable law. Where applicable, you agree that you will be solely responsible for compliance with local tax regulations applicable to such fee. Where applicable, you (a) agree that Treasurechit will prepare and issue VAT invoices under self-billing arrangement, (b) acknowledge and accept the validity of such self-billed invoices, and (c) agree that you will be responsible for timely remittance to applicable tax authorities of any tax amounts on such self-billed invoices that were paid to you by Treasurechit. You acknowledge that Treasurechit is subject to India economic restrictions and trade sanctions. As such, Treasurechit reserves the right to deny payment when required by applicable law.
  8. Unless otherwise agreed, you understand and agree that Treasurechit has sole and exclusive authority to select the sellers who may make Influencer Products available through the Influencer Tool.
  9. With prior written approval from you, Treasurechit may use your Creator Post(s), including your name and likeness, in marketing materials to promote the Influencer Tool or Treasurechit Products, such as case studies featuring you, and promotion of the Influencer Tool or Treasurechit Products with uses of: recordings (audio, video, digital, still images and/or excerpts thereof) featuring you and any content owned by you in those recordings; quotes, testimonials, and profiles; metrics regarding your participation with the Influencer Tool; screenshots depicting your public activity with the Influencer Tool or Treasurechit Products; and additional content or materials approved in writing by you.
  10. These Influencer Tool Terms will commence on the date they are accepted by you and will continue for the term set forth in the Testing Terms (the “Term”) Any provisions of these Influencer Tool Terms (including any terms incorporated herein) that by their nature ought to survive, shall survive termination of these Influencer Tool Terms.
  11. You will not issue or permit any other party to issue any press release or otherwise make any public statements or disclosures (including via online media) regarding these Influencer Tool Terms, the transactions contemplated by these Influencer Tool Terms or performed hereunder, or about the relationship of the parties without our prior written approval.
  12. You agree to keep strictly confidential any non-public information disclosed to you as a result of your participation in the Influencer Tool, including, where applicable, the content of any non-public information shared with you and of any other communications to you from us, whether surfaced on Treasurechit, by email, or through some other means.
  13. These Influencer Tool Terms supplement and amend Treasurechit’s standard Beta Product Testing Terms, including all terms referenced therein (“Testing Terms”) (as supplemented and amended by these Influencer Tool Terms). Terms not otherwise defined herein have the meaning given in the Testing Terms. The Testing Terms (for clarity, including the Online Terms) are incorporated herein by reference and apply to your access to and use of the Influencer Tool. For the avoidance of doubt, (a) these Influencer Tool Terms is part of your use of the Influencer Tool for purposes of the Testing Terms, and (b) your use of the Influencer Tool is part of your use of “Treasurechit Products” or “Products” for purposes of the Online Terms. You further agree that your use of any Treasurechit Products other than the Influencer Tool, even if used in connection with the Influencer Tool, will continue to be governed by the Online Terms (and not these Influencer Tool Terms), unless otherwise agreed in writing signed by an authorized representative of each respective party. In the event of any conflict between these Influencer Tool Terms and the Testing Terms, these Influencer Tool Terms will govern, solely with respect to your testing and use of the Influencer Tool hereunder, and solely to the extent of the conflict. These Influencer Tool Terms is Treasurechit Confidential Information under the Testing Terms. These Influencer Tool Terms, including the Testing Terms, constitutes the entire agreement between the parties regarding the subject matter hereof, and supersedes any and all prior or collateral negotiations, proposals, agreements and understandings regarding the same, whether oral or written. By "accepting" these Influencer Tool Terms, you represent and warrant that you have all authority necessary to bind Creator to these terms.

 

Last Modified: May 4, 2023

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