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Creator T&C - Famous By One Impression

INFLUENCER TERMS AND CONDITIONS

By reading and accepting these Terms and Conditions, Terms of Use, and Privacy Policy (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, "OI Advance" is a platform that connects influencers to manage collaborations and engage with Brands. The platform enables influencers to collaborate with brands, manage campaigns, and expand their reach. One Impression, hereinafter referred to as "we," "us," "our," or "the Company,". You, the influencer, are hereinafter referred to as "Creator" or "Influencer," or "you" or "your," as applicable.

A. Posting Terms

1. 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.
2. 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.
3. 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.
4. Preservation of Goodwill

Influencers are required to produce content in strict adherence to the brief provided by the user/brand to avoid unnecessary revisions. Influencers 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 Influencer 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. Campaign Subject Matter
4. In case Influencer does not create the Campaign post acceptance/receipt of Campaign Subject Matter then under such scenario such Influencer’s Account shall be removed from the Company’s network and the Influencer shall at their own expense return to the Brand the Campaign Subject Matter like items, props or Products in the same condition that it was delivered to the Influencer. In the event that a Campaign Subject Matter is to be returned to the Brand post the Campaign and the Influencer does not return the Campaign Subject Matter within the mutually agreed time period, the Company and the Brand may hold the Influencer liable for any damages that may arise from not returning the Campaign Subject Matter and they are entitled to all remedies available under law including taking civil and criminal actions against the Influencer. 
5. Influencers 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 given heading of these clauses.

4. Compliance with Laws and Regulations
5. 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.
6. The Influencer acknowledges and agrees that all Campaign Deliverables shall adhere to the terms, conditions, policies, and guidelines of One Impression. 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.
7. 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.
8. 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 behavior, sexually suggestive imagery, or violate the rights of any individual, corporation, or entity, including privacy rights, contract rights, or intellectual property rights.
9. 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.
10. The Influencer hereby provides their explicit consent to the Brand, its representatives, and authorized agents to contact them via calls, SMS, emails, or other communication channels, even if the Influencer is registered under any Do Not Disturb (DND) or similar consumer preference database. This consent is granted solely for the purpose of facilitating campaign execution and related communications.
11. The Influencer agrees that the consent provided:
    a) Covers all communications necessary for the planning, execution, or management of campaigns, including but not limited to approvals, updates, and deliverables.
     b) Extends to communications related to post-campaign matters, such as performance reviews or compliance discussions, if required.
12. This consent remains valid for the duration of the collaboration and for a period of 3 (three) years post-completion of the campaign, unless explicitly revoked in writing by the Influencer.
13. The Influencer reserves the right to withdraw this consent at any time by providing written notice to the Brand. Upon receipt of such notice, the Brand shall cease all non-essential communications, except those required to fulfill any ongoing contractual or legal obligations.
14. The Influencer acknowledges and agrees that such communications are integral to ensuring the smooth execution of campaigns. The Influencer waives any claims or liabilities arising solely from receiving communications that adhere to these terms, provided they comply with applicable laws.
15. The Influencer acknowledges and agrees that by providing their contact information to the Brand through the Company’s platform or mobile app, they explicitly permit the Brand to contact them, even if they are registered under Do Not Disturb (DND) or similar databases. The Influencer shall not hold the Company or the Brand liable for any claims, penalties, or liabilities arising from receiving such communications during DND mode. This indemnity applies to all calls, messages, or communications facilitated via the platform or mobile app, subject to compliance with applicable laws.
16. The Influencer shall promptly inform the Brand in writing of any changes to their contact details or communication preferences during the collaboration period.
17. KYC Approval, Expiry and Reverification

All influencer KYCs shall be automatically approved upon submission. Each approved KYC shall automatically expire one (1) year from the date of approval, after which it shall remain unusable until it is reverified and approved. The finance team shall have the right to reject any previously approved KYC at its discretion, and such rejected KYC shall remain unusable until it undergoes reverification and is approved.

6. Representations and Warranties
7. 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;
8. 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.
9. 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 Company 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.
10. 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.
11. 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. 

As soon as the Campaign is confirmed, the Company shall issue a Purchase Order, and the payment will be made as per the terms stated in therein. The Influencer acknowledges and agrees that the Company facilitates business opportunities for Influencers through the Platform. The Company shall collect their markups/margins, directly from the Influencer, based on the prices quoted for Campaign on the Platform. The Influencer expressly confirms their understanding and acceptance of this payment model and irrevocably waives any right to contest, dispute, or question the Company's authority to charge such commissions at any time in the future.

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.

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.

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.

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.

The Company shall enable automated delivery of campaign for the ease of both Brands and influencers through the Platform. This process will include real-time updates and progress tracking for campaigns. The Platform will facilitate direct 1:1 communication between Brands and influencer where brands can send text messages, voice notes, and initiate calls with influencer via the Platform. Such communication features are intended solely for campaign-related discussions. In case of disputes or unresolved queries between the Brand and the influencer, either party may contact the Company's support team at [email protected]