Creator T&C - Amplify By One Impression
INFLUENCER TERMS AND CONDITIONS
By reading and accepting these Terms and Conditions, Influencer Guidelines, and Cancellation Policies (collectively referred to as the "Agreement"), you, the Influencer, acknowledge and agree that these policies form an integral part of the contractual relationship between you and One Impression. By accepting the terms herein, you represent and warrant that you have understood and agreed to abide by the provisions set forth in this Agreement, and that you are legally bound by the terms and conditions outlined. For the purposes of this Agreement, "Amplify" refers to a product of One Impression, hereinafter referred to as "One Impression" or "the Company." You, the influencer, are hereinafter referred to as "Creator" or "Influencer," or "you" or "your," as applicable.
A. Posting Terms:
- The Influencer is solely responsible for the publication of unapproved content by the Brand. One Impression and its affiliates bear no responsibility for any consequences arising from the publication of such content, and the Influencer agrees to indemnify One Impression against any third-party claims, damages, or losses arising therefrom.
- After a Campaign Deliverable is published, the Influencer shall not publish any additional content for a period of 72 hours if such publication would reasonably affect the visibility or prominence of the Campaign Deliverable as per the Brand’s specifications.
- If any legal or compliance issue, or a material breach of agreed campaign guidelines, arises post-publication of the Campaign Deliverable, the Brand shall have the right to request its removal. The Influencer agrees to comply with such a request within 24 hours upon receipt of written notification.
B. Compliance with Laws and Regulations
- Campaign Deliverables shall comply with all applicable laws, regulations, rules, and industry standards, including but not limited to those pertaining to advertising, intellectual property, consumer protection, and data privacy.
- The Influencer acknowledges and agrees that all Campaign Deliverables shall adhere to the terms, conditions, policies, and guidelines of One Impression, including but not limited to the Influencer Guidelines and Cancellation Policy. By agreeing to participate in the campaign, the Influencer confirms that they have reviewed, understood, and accepted these terms and policies. One Impression shall not be held liable for any claims, disputes, or issues arising from scenarios explicitly addressed and governed by these terms and conditions.
- The Influencer agrees to abide by all applicable guidelines when creating and publishing blog posts, social media updates, tweets, comments, or any other content. Such content must be respectful, in good taste, and free from inappropriate language or content that promotes bigotry, racism, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age. The Influencer shall also refrain from any actions or behavior that may harm or negatively impact One Impression’s image, reputation, or goodwill.
- The content must not contain any material that the Influencer knows, suspects, or reasonably ought to know or suspect to be false, misleading, or deceptive. It must also be free of any indecent, discriminatory, or offensive material and must not promote aggressive or illegal behaviour, sexually suggestive imagery, or violate the rights of any individual, corporation, or entity, including privacy rights, contract rights, or intellectual property rights.
- The Influencer agrees that, during the course of their engagement and at all times thereafter, they shall not, directly or indirectly, make any critical, disparaging, or negative statements regarding the Company, the Brand, its affiliates, campaigns, campaign subject matter, employees, or clients to any third parties, including but not limited to print or broadcast media.
- Representations and Warranties
- The Influencer further represents and warrants that:
(i) The Brand and Company may use the Influencer's name, likeness, and social media handles in post-campaign case studies, promotional content, and related materials.
(ii) All information related to the Brand’s products and any confidential materials provided to the Influencer are proprietary and confidential. Such materials shall not be disclosed, used for personal purposes, or shared with third parties. Upon the Campaign going live, the Influencer agrees to return all confidential information and any copies in their possession to the Brand.
(iii) All campaign content will be original and will not infringe on third-party rights;
(iv) No employment or similar relationship exists between the Influencer and the Brand;
(v) The Influencer will perform the Campaign as per the scheduled dates and brief provided by the Brand; - The Influencer shall comply with all applicable laws and industry self-regulations related to influencer marketing in India, including but not limited to the Advertising Standards Council of India (ASCI) guidelines. The Influencer is also requested to thoroughly check the background of the Brand and review the relevant laws and regulations applicable to the Brand, especially if the Brand is based outside of India, to ensure compliance with international regulations.
- The Influencer shall not alter or edit any Post once it has been approved by the Brand. The Brand retains the right to review any Campaign Deliverable after publication for legitimate reasons, and the Influencer shall promptly make any reasonable amendments as requested. The Brand and/or One Impression may, at their discretion, request the removal of any Campaign Deliverable, and the Influencer shall immediately comply with such request upon receipt. In the event of any deficiencies in the Campaign Deliverable, the Influencer shall promptly rectify such issues upon notification.
- The Influencer shall promptly provide and sign any additional documents required by the Brand to ensure the proper execution of these Terms and Conditions. The Influencer undertakes not to raise any queries or seek clarifications from One Impression in connection with such formalities.
- Cancellation Policy: {Campaign Cancellation Hyperlink}
E. Code of Conduct: The Influencer shall render services in consonance with the following guidelines:
- Clearly disclose the partnership with the brand using hashtags like #ad, #sponsored, #partner, or similar, in accordance with applicable laws.
- Ensure all content is accurate and factual. The Influencer is responsible for the content’s truthfulness and will indemnify the brand for false claims.
- Avoid making misleading or exaggerated statements about the brand’s products. The Influencer is responsible for any legal claims arising from false statements.
- Maintain respectful and prompt communication with the brand.
- Create high-quality content in line with personal style and the brand’s guidelines. Obtain brand approval for any significant changes.
- Adhere to copyright laws, and ensure all necessary licenses are obtained.
- Do not misuse content created for the campaign after completion, including reusing it without consent.
- Meet all agreed-upon deadlines for content submission.
- Respect the privacy of the audience and avoid sharing sensitive personal information without consent.
- Comply with data protection laws (e.g., GDPR) when handling user data and follow the brand’s privacy policies.
- Follow the brand’s content guidelines, including visual and messaging requirements.
- Avoid activities that could harm the brand’s reputation, including defamation or unethical behavior.
- Refrain from dishonest practices, such as buying followers or engagement.
- Foster trust-based, long-term relationships with the brand and disclose any conflicts of interest.
- Be reliable and professional.
- Intellectual Property Rights
The Influencer warrants that the content created will not infringe any third-party intellectual property rights and agrees to indemnify One Impression and the Brand against any claims arising from such infringement. The Influencer retains ownership of the content, granting One Impression a perpetual, irrevocable license to use, display, and distribute the content. The Influencer grants the Brand a limited, non-exclusive, non-transferable license to use, display, and distribute the content for the agreed period and purpose, after which the rights will expire unless otherwise agreed.
- Conflict of Interest
The Influencer represents and agrees that they are free to work with any brand, unless bound by a prior contract that prohibits such work. If the Influencer has a conflicting contract that restricts their ability to take up the campaign, they agree not to proceed and shall notify One Impression before accepting the campaign.
- Confidentiality
The Influencer agrees to maintain the confidentiality of all proprietary and confidential information disclosed by the Brand during the course of the engagement. The Influencer shall not, without the prior written consent of the Brand, disclose or use any such information for any purpose other than fulfilling the obligations under the engagement. This confidentiality obligation shall remain in effect even after the termination or expiration of the campaign.
- Limitation of Liability and Indemnity
Neither party shall be liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits, even if advised of the possibility of such damages. This exclusion of liability shall apply regardless of the cause of action and shall survive the termination or expiration of the campaign. The Influencer shall indemnify, defend, and hold harmless One Impression and the Brand, its officers, directors, parent, subsidiaries, and affiliates from any and all claims, liabilities, damages, losses, costs, and expenses arising from any breach of engagement, third-party claims, including but not limited to intellectual property infringement, defamation, violations of applicable laws, misrepresentation, fraud, gross negligence, or wilful misconduct by the Influencer. In no event shall One Impression's total liability to the Influencer exceed INR 10,000. One Impression shall promptly notify the Influencer of any claim or litigation to which the indemnity set forth herein applies.
Creator Guidelines
1. No Travel or Service Obligations
Creators are not required to travel or attend service appointments (e.g., store, restaurant, or salon visits). Content creation is to be done at the Creator's chosen location. One Impression will not be liable for any travel-related costs or reimbursements.
2. Preservation of Goodwill
Creators are required to produce content in strict adherence to the brief provided by the user/brand to avoid unnecessary revisions. Creators shall collaborate in good faith with the brand to uphold and safeguard One Impression’s goodwill. Any failure to comply may result in liability for damages arising from reputational harm or non-conformance with the brief. If the Creator fails to deliver the agreed-upon content within the stipulated timeline after accepting the campaign, they will be banned from the Platform for thirty (30) days.
3. Content Submission & Review
- First Cut Submission: Creators must submit the initial content draft within 72 hours of product delivery for product campaigns or within 72 hours of creator selection for digital product campaigns. The content must align with the brand’s brief.
- Review Period: After the first cut submission, creators must allow the user/brand up to 48 hours to review and provide feedback.
- Minor Revisions: If feedback is provided, creators are required to make only minor adjustments (e.g., correcting brand names or discount codes). These revisions must be submitted within 24 hours of receiving feedback.
- Second Cut Submission: Creators must submit the revised content (second cut) within 24 hours of receiving feedback.
- Final Approval and Go-Live: Upon approval of the second cut, creators must ensure the content goes live. For Instagram content, the live link must be submitted within 48 hours of final approval.
- Failure to comply with these timelines may result in delays, penalties, or withholding of payments as determined by One Impression.
4. Content Revisions
Creators will be entitled to one round of minor revisions, like correction of brand names, text adjustments, or incorporation of brief feedback. [TT1]
5. Non-Compliance with Brief
If the content created does not align with the requirements outlined in the brief such as incorrect product representation, messaging, or failure to feature the product as instructed, the creator may be required to redo and resubmit the content. In cases of non-compliance or rejection by the user/brand due to such discrepancies, the creator may not be entitled to full payment.
- Product Delivery
Creators are responsible for providing an accurate shipping address and coordinating with the logistics partner, including being available to receive delivery-related calls. Failure to do so may result in missed deliveries, which could prevent the creator from submitting content within the required timelines.
- Compensation
Creators will be eligible for full payment only upon approval of the content and its subsequent go-live, as per the agreed terms. Payment will not be disbursed until the content has been approved and published. If the creator fails to meet submission deadlines or does not fulfil the requirements of the brief, no payment will be made for the content. The creator agrees to act in good faith, uphold a positive relationship with the brand, and make every effort to deliver high-quality content.
- Cancellation & Refunds
In the event of order cancellation by the brand, whether before or after shipment, the creator will be entitled to only 5% of the total creator fee[TT2] . If the creator withdraws from the campaign after receiving the product or accepting the brief, they will not be entitled to any compensation, unless explicitly stated in the applicable cancellation policies. The creator acknowledges that it is their sole responsibility to read and adhere to these guidelines. One Impression will not be held liable for any claims or demands for compensation from creators who fail to comply with or fully understand these guidelines.
For more information, please review the detailed cancellation policy to ensure a clear understanding of the guidelines. (add hyperlink – Annexure A)
- Intellectual Property Rights
The Creator warrants that the content created will not infringe any third-party intellectual property rights and agrees to indemnify One Impression and the Brand against any claims arising from such infringement. The Creator retains ownership of the content, granting One Impression a perpetual, irrevocable license to use, display, and distribute the content. The Creator grants the Brand a limited, non-exclusive, non-transferable license to use, display, and distribute the content for the agreed period and purpose, after which the rights will expire unless otherwise agreed.
- Conflict of Interest
The Creator represents and agrees that they are free to work with any brand, unless bound by a prior contract that prohibits such work. If the Creator has a conflicting contract that restricts their ability to take up the campaign, they agree not to proceed and shall notify One Impression before accepting the campaign.
- Compliance with Laws and Regulations
The Creator represents and agrees to comply with all applicable laws, regulations, and industry guidelines, including but not limited to the Advertising Standards Council of India (ASCI) guidelines. The Creator shall ensure that all content created under this agreement adheres to relevant legal requirements, including those related to advertising, disclosures, and intellectual property. The Creator shall not, at any time, make any defamatory or disparaging statements regarding One Impression or the Brand, whether on social media or any other platform.
- Confidentiality
The Creator agrees to maintain the confidentiality of all proprietary and confidential information disclosed by the Brand during the course of the engagement. The Creator shall not, without the prior written consent of the Brand, disclose or use any such information for any purpose other than fulfilling the obligations under the engagement. This confidentiality obligation shall remain in effect even after the termination or expiration of the campaign.
- Limitation of Liability and Indemnity
Neither party shall be liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits, even if advised of the possibility of such damages. This exclusion of liability shall apply regardless of the cause of action and shall survive the termination or expiration of the campaign. The Creator shall indemnify, defend, and hold harmless One Impression and the Brand from any and all claims, liabilities, damages, losses, costs, and expenses arising from the Creator’s breach of their engagement or third-party claims, including those related to intellectual property infringement, defamation, or violations of applicable laws. In no event shall One Impression's total liability to the Creator exceed INR 10,000.
Cancellation Policy: Annexure A
# | Scenario | Refund to the Brand | Compensation to the Creator | Rationale |
1 | The user/brand selects the creator but cancels the engagement prior to dispatching the product. | 70% | 0% | The creator has not initiated any work; therefore, no compensation is due. |
2 | The user/brand dispatches the product but cancels the engagement before the delivery window expires (Day 1–6). | 70% | 0% | The creator has neither received the product nor commenced work; hence, no compensation is applicable. |
3 | The creator cancels their engagement prior to the dispatch of the product. | 100% | 0% | The creator's withdrawal adversely impacts the campaign. A full refund to the brand is warranted under such circumstances.
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4 | The user/brand dispatches the product, but the product is not received by the creator within seven (7) days, resulting in an automatic cancellation ("Auto-Cancel"). | 70% | 0% | The creator is unable to initiate work due to the failure of product delivery. |
[3] 5 | The creator cancels the engagement while the product is in transit. | 100% | 0% | If the creator withdraws mid-campaign, it disrupts the campaign's progress. The product must be returned to the brand in its original condition, and the creator shall bear the shipping costs, if applicable in product-based campaigns. |
6 | The product is received by the creator, but the user/brand subsequently cancels the creator’s engagement. | 60% | 0% | The creator has received the product, but no content has been delivered yet. The creator will not be liable to return the product. |
7 | The creator fails to submit the initial draft of content ("first-cut content") within seventy-two (72) hours of receiving the product, resulting in an automatic cancellation ("Auto-Cancel"). | 100% | 0% | Failure to comply with obligations results in no compensation being payable to the creator. The product must be returned to the brand in its original condition, with the shipping costs borne by the creator, if applicable in a product-based campaign.
The creator shall be banned from participating in new campaigns for thirty (30) days. |
8 | The creator claims to have received an incorrect product and declines to create content. | 80% | [4] 0% | The creator shall not be entitled to any payment if no content effort is made. However, the responsibility for returning the product does not lie with the creator. |
9 | The user/brand cancels the engagement after receiving the initial draft of the content ("first-cut content"). | 50% | 30% | [5] The creator may receive partial compensation for delivering the initial content, at One Impression's discretion. |
10 | The user/brand fails to provide feedback or take any action within the stipulated timeline after receiving the first-cut content, resulting in an automatic cancellation ("Auto-Cancel"). | 40% | 30% | The creator shall be compensated upon completion of the first-cut content. |
11 | The creator fails to submit the revised content ("second-cut content") within twenty-four (24) hours of receiving feedback, resulting in an automatic cancellation ("Auto-Cancel"). | 100% | 0% | Non-compliance results in no compensation and the obligation to return the product in its original condition, with shipping costs borne by the creator (if applicable).
The creator shall be banned from participating in new campaigns for thirty (30) days. |
12 | The creator cancels the engagement after receiving the initial feedback from the user/brand. | 100% | 0% | Non-compliance results in no compensation and the obligation to return the product in its original condition, with shipping costs borne by the creator (if applicable).
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13 | The user/brand cancels the engagement within twenty-four (24) hours of requesting feedback on the content. | 50% | 30% | The work will be compensated proportionally based on the completed portion.
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14 | The user/brand fails to provide feedback or take any action within the stipulated timeline after receiving the second-cut content, resulting in an automatic cancellation ("Auto-Cancel"). | 40% | 40% | The creator shall be compensated upon completion of the second-cut content. |
15 | The user/brand cancels the engagement after receiving the second-cut content. | 50% | 30% | The compensation will be provided for the completed deliverables.
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16 | The user/brand cancels the engagement after approving the submitted content. | 0% | 50% if the post goes live
100% if it’s a content-only campaign with no posting | Approval signifies satisfaction with the work. Most of the compensation is paid to the creator.[TT6] |
17 | If the creator fails to engage within 48 hours of approval, the engagement will be automatically cancelled.
| 100% | 0% | Non-compliance results in no compensation and the obligation to return the product in its original condition, with shipping costs borne by the creator (if applicable).
The creator shall be banned from participating in new campaigns for thirty (30) days. |
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