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Brand T&C - Amplify By One Impression

BRAND TERMS AND CONDITIONS

By reading and accepting these Terms and Conditions, Invoice Proposal Guidelines, and Cancellation Policy (collectively referred to as the "Agreement"), you, the Brand, 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 its terms and conditions. For the purposes of this Agreement, "Amplify" refers to a product of One Impression, hereinafter referred to as "One Impression," "we," "us," or "our," or "the Company." You, the Brand, or the Agency managing your account (if applicable) are hereinafter referred to as the "User," "Brand," "you," or "your," as applicable.

The Company does not endorse any Influencer, nor does it make direct endorsement claims or provide representations or guarantees regarding the performance, quality, or behaviour of any Influencer.

The Influencers are not employees of the Company; they are Users who have registered on the Platform to participate in Campaigns. Any claims the Brand wishes to initiate, or any legal remedies the Brand wishes to avail against an Influencer, will be limited to claims against the specific Influencer or other third parties responsible for causing harm to the Brand. The Brand agrees not to impose liability on the Company or seek any legal remedy from the Company regarding such actions or omissions.

1. Campaign Description and Deliverable
2. The Brand represents and warrants that it owns all content shared in the Campaign or possesses all necessary rights to grant the Company the license to use such content under the Terms and Conditions. The Brand also represents and warrants that neither the content shared in the Campaign nor the use and provision of such content by the Company or the Influencer will infringe, misappropriate, or violate any third party's intellectual property rights, rights of publicity or privacy, or result in any violation of applicable laws or regulations, including export control laws. 
3. The Brand will strive to be as clear and explicit about the Campaign Deliverables while sharing the Campaign brief with the Influencer and while creating a Campaign description. The Company and the Influencer will not be liable in the event the Campaign Deliverables do not reflect the Brand’s requirement if there is an error or miscommunication from the Brand with respect to the expected Campaign Deliverables.
4. The Brand acknowledges, agrees, and accepts that the Company may use the Deliverables for the purposes of marketing, advertising, and promoting the Company's marketplace to third parties and the general public. This includes, but is not limited to, showcasing the Deliverables in promotional materials, case studies, advertisements, and on the Company's website or other platforms.

In case of any campaign cancellations post-payment, refunds (if any) shall be subject to the Company’s refund and cancellation policy, which will be available {Cancellation Policy Hyperlink}

1. Relationship between the Influencer and the Brand
2. The Brand must at all times transact in good faith with the Influencer. The Brand will endeavour to cordially resolve any issues and refrain from taking any legal recourse without an attempt for amicable resolution.
3. Brand shall not require the Influencer to make any claims relating to the quality, efficacy or any other quantitative or qualitative aspect of the Campaign Subject Matter that has not been verified or is true, accurate and can be proven with sufficient evidence.
4. The Brand represents that it has documents to support the claims that the Influencer is required to make in the Campaign Deliverable with respect to the Campaign Subject Matter and the Brand shall share the same with the Influencer at the time of sharing details regarding the Campaign. The Company and the Influencer are relying on this representation made by the Brand and shall not be liable for any claims arising in this regard. 

1. Campaign Subject Matter and ASCI Regulatory Compliance
2. The Brand shall ensure the delivery of Campaign Subject Matter like items, props to the Influencer. It is the brand's responsibility to ensure that the deliverables are provided to the influencer within seven (7) days at their own expense, after which the campaign will be automatically cancelled. For more details, please visit our Cancellation Policy at {Cancellation Policy Hyperlink}
3. The Brand while providing/approving content, using or exploiting the Campaign Materials shall adhere to all the applicable advertising laws including but not limited to Advertising Standard Council of India rules, guidelines in existence or which may come into existence in future relating to digital marketing. The Brand shall solely be liable for any claims arising in this regard. 
4. The Brand shall disclose all material information and provide the appropriate labels that the Influencer has to use in the Campaign Material for complying with applicable guidelines including but not limited to ASCI guidelines for digital/influencer marketing or such other guidelines and laws applicable within the jurisdiction where the Campaign has to be released.
5. In case of any issue/claim raised in the Campaign Deliverable for the purpose of advertising, promotions, marketing in the Campaign then the Brand shall at its own cost, expense and risk and responsibility promptly defend, pay and settle all such third-party claims and actions including claims raised by ASCI and or any governing and/or non-governing bodies in such manner as Brand may deem fit without any liability on the Company and/or the Influencer.

The Brand acknowledges and agrees that the Platform provided by the Company may be subject to interruptions, delays, or limitations due to issues arising from third-party providers. The Company shall not be liable for any disruptions, modifications, suspensions, or terminations of third-party services that affect the performance or delivery of Campaign under this Agreement. In the event of such disruptions, the Brand agrees to allow a buffer period of Fourteen (14) days to the Company to resolve the issue, during which no penalties, claims, or consequences shall be imposed on the Company for any failure or delay in performance resulting from such third-party disruptions.

1. Compliance with Laws and Data Protection
2. The Brand represents and warrants that all data shared with the Company is legally sourced and fully compliant with all applicable data protection laws. The Brand further warrants that they shall not share, process, or disclose any data without first obtaining valid and lawful consent from the data subject. The Company shall not be liable for any breach of data privacy obligations resulting from the Brand failure to comply with such data protection laws. The Brand agrees to indemnify and hold the Company harmless from any and all claims, losses, penalties, or other liabilities arising from non-compliance with data protection laws, privacy obligations, or any failure to obtain proper consent as required by applicable laws.
3. The Brand agrees to comply with all applicable telecom regulations, including but not limited to the National Do Not Call Register (NDNCR), the National Customer Preference Register (NCPR), and any other similar consumer preference-based do-not-disturb database or register. The Brand represents and warrants that: (if) all recipients of promotional or transactional messages or calls have provided valid prior consent as required by applicable laws, and (ii) no unsolicited commercial communication will be sent to recipients registered under any do-not-disturb (DND) databases, except as expressly permitted by law. The Brand agrees to indemnify, defend, and hold harmless the Company against any liabilities, penalties, claims, losses (including legal fees), or other expenses arising from non-compliance with applicable telecom regulations by the Brand or their authorized representatives.
4. The Brand acknowledges and agrees that all communications, including calls and messages, facilitated by or through the Company’s platform must fully comply with all applicable laws, regulations, and industry standards, including but not limited to laws governing Do Not Disturb (DND) registers, consumer preferences, and the requirement to obtain prior consent from recipients where applicable. The Brand shall be solely responsible for ensuring that all communications are compliant with these legal requirements and shall bear full responsibility for any violations of such laws or regulations.
5. The Brand warrants and undertakes that it has obtained all necessary, valid consents from the recipients of its communications and has ensured that such communications comply with any legal exceptions or exemptions that may apply under applicable laws, including those permitting contact with recipients registered on DND or similar databases. The Brand further undertakes to maintain accurate records of such consents and will provide proof of consent to the Company upon request.
6. The Brand agrees to indemnify, defend, and hold harmless the Company, its affiliates, officers, employees, and agents from and against any and all claims, liabilities, penalties, damages, losses, expenses (including legal fees), or any other costs arising from: (if) any violation of applicable laws or regulations by the Brand or its Authorized Users in relation to such communications, (ii) failure to obtain necessary consents or non-compliance with DND or similar regulations, and (iii) any complaints, disputes, or actions initiated by recipients of the communications. This indemnity obligation shall be absolute and shall remain in full force and effect even after the termination or expiration of any agreement between the parties.
7. The Brand acknowledges that the Company relies on third-party service providers, to execute its services. The Company shall not be liable for any delay, failure, or loss arising from force majeure events or disruptions caused by third-party services. In the event of such disruptions, the Brand agrees to bear any additional costs or liabilities arising from any necessary adjustments or alternative measures required to mitigate the impact of such disruptions.
8. The Brand shall be solely responsible for obtaining and maintaining accurate records of consent from all recipients of messages or calls facilitated through the Company’s platform. Such consent must explicitly include but is not limited to: (I) the specific purpose of the communication, and (ii) the duration for which consent is valid. The Brand agrees to provide documented proof of such consent to the Company upon request, within twenty-four (24) hours of notice. In the event of failure to provide such proof within the specified timeframe, the Company reserves the right to immediately suspend services, and the Brand may be subject to indemnity obligations as set forth in this Agreement. 

The Brand is solely responsible for maintaining the security and confidentiality of its access credentials, tokens, and other sensitive information. The Brand agrees to immediately notify the Company of any disclosure, unauthorized use, or breach of security with respect to its information. In the event of unauthorized access arising from the Brand's negligence, the Brand shall indemnify and hold harmless the Company against any claims, damages, losses, or liabilities, including legal costs, resulting from such unauthorized access

All intellectual property rights associated with the deliverables created by the influencer (the "Deliverables") shall remain exclusively vested with the influencer. The brand is hereby granted a non-exclusive, limited, revocable, and non-transferable license to use the Deliverables solely for the specific purposes and within the duration as agreed by the Brand on the platform. The license granted to the brand shall be limited to the period for which the brand has purchased content rights (hereinafter referred to as the “License”). This license does not convey any ownership rights to the brand nor authorize any usage of the Deliverables beyond the expressly agreed scope, including but not limited to use on social media channels or other platforms. Upon the expiration of the agreed content usage period, the brand's license to use the Deliverables shall automatically terminate without any further action required by the influencer.

The Platform is provided on an "as is" and "as available" basis, without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company does not guarantee that the platform will be secure, available, uninterrupted, error-free, or free of viruses. The Company does not warrant that any content or interactions on the platform will meet users’ expectations or be free from glitches. The Brand acknowledge that the Company is a marketplace and does not guarantee the performance, quality, or behaviour of any users or transactions facilitated through the platform. Use of the platform is at the user’s own risk, and the Company reserves the right to modify or update the platform at any time without prior notice.

The Company shall not be liable for any failure or delay in the availability, functionality, or performance of the platform, or any other obligations under this Agreement, due to events beyond its reasonable control ("Force Majeure Event"). Such events include, but are not limited to: (i) acts of God, natural disasters, or extreme weather; (ii) war, terrorism, or armed conflict; (iii) strikes, labour disputes, or shortages; (iv) government actions, laws, or regulations; (v) epidemics, pandemics, or health emergencies; (vi) telecommunications or power failures; (vii) technical malfunctions, cyberattacks, or data breaches; (viii) civil unrest; or (ix) any other event beyond the Company's control. During a Force Majeure Event, the Company shall use commercially reasonable efforts to mitigate disruption. However, the Company shall not be responsible for any failure or delay in providing technical support, including platform availability, performance, or response times, nor for any limitation of support services.

Notwithstanding any indemnities provided elsewhere in this Agreement, the Brand agrees to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and representatives (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses (including legal fees), and judgments arising out of or related to the following: (i) the Brand’s materials, content, and intellectual property provided to the influencers shall be owned by the Brand or that the Brand has obtained all necessary rights, licenses, and permissions to use such materials and shall not infringe upon the intellectual property rights of any third party and will be liable for any resulting claims or costs; (ii) to the extent if applicable, the Brand’s products shall comply with all applicable laws, including the provisions of the Legal Metrology Act, 2009, and other regulatory requirements related to product labelling, packaging, and marketing; (iv) the Brand shall not bring any claims against the Company for acts or omissions of the influencer(s), including defamatory statements or any other behaviour by the influencer(s), and the Brand acknowledges and agrees that the Company’s role is solely as a facilitator and is not responsible for intervening in or resolving disputes between the Brand and the influencer(s); and (v) the Brand acknowledges that the Company’s support is limited to assisting at its discretion and does not extend to legal or financial obligations in such matters. The Brand’s indemnification obligations shall survive the termination or expiration of this Agreement. In no event shall Company’s total liability to the Brand exceed INR 10,000.

In the event of any disputes or unresolved queries between the Brand and the Influencer, the Brand may contact the Company’s support team for assistance. The support team can be reached at [email protected], and the Company will make reasonable efforts to facilitate communication and assist in resolving the issue in a timely manner. However, the Company does not assume liability for any disputes or disagreements between the Brand and the Influencer.

Invoice Proposal Guidelines

One Impression does not endorse any individual influencer. As a platform connecting brands and influencers, One Impression makes no direct endorsement claims and does not provide representations or guarantees concerning the performance, quality, or behavior of any influencer.

Influencers on Amplify are independent users, not employees of One Impression. One Impression bears no liability for any disputes between the brand and the influencer or third parties and is not responsible for contractual obligations or disputes regarding compensation, behavior, or deliverables.

1. Campaign Deliverables
2. Brands warrant that they own or have obtained all necessary rights to the content shared for the campaign and grant One Impression a license to use it in facilitating the campaign under these terms.
3. Brands also confirm that the content provided for campaigns does not infringe on intellectual property rights, privacy, or any applicable laws.
4. Ownership of Content
    Ownership of campaign content remains with the Influencer. The brand is granted a limited, non-transferable license to use the content for the specified period as outlined in the campaign proposal. After the specified time, all usage rights revert to the Influencer.
5. Delivery and Timeline
    Brands must ensure timely delivery of products and campaign requirements as per agreed timelines. Failure to do so may delay influencer availability and the campaign schedule. One Impression will not be liable for any resulting consequences, including campaign cancellation or rescheduling. 
6. Platform Usage
    Both brands and influencers are required to adhere to One Impression’s platform guidelines and community standards. Non-compliance may result in suspension or removal from the platform.
7. Data Protection

One Impression collects and processes personal data in accordance with its Privacy Policy. By using the platform, the user consents to the collection, use, and storage of their personal data as described in the Privacy Policy.

8. Limitation of Liability and Indemnity

The brand and influencer jointly agree to indemnify and hold harmless One Impression from any claims, losses, or damages arising from their breach of these Terms, content-related issues, or third-party disputes. In no event shall One Impression’s total liability to the Brand exceed INR 10,000.

9. Disclaimer of Warranty

One Impression provides the platform "as is," without any warranties, express or implied. We do not guarantee uninterrupted or error-free operation of the platform and are not liable for any issues, losses, or damages arising from its use. Users engage with the platform at their own risk.

10. Payment Compliance and Third-Party Guidelines

The Brand agrees to review and comply with Razorpay's (or our preferred partner's) terms, policies, and guidelines prior to making any payment.