Failed influencer campaigns: 8 examples and how brands can avoid common mistakes

Last Revised: August 2023

The Order Form together with these Terms & and Conditions constitute the agreement between Club and the Brands for the use of the Club Platform (the “Agreement”).

Club and its affiliates (“Club”) have created a marketing platform (the “Club Platform”) on which third party brands (a “Brand” and “Brands”) can engage a community of entities and individuals (the “Users”) to promote the Brands (“Brand Program”).

The Users, as part of the process of applying to become a Club on the Club Platform, are required to enter into a Terms of Service Agreement with Club, the most recent version of which, as updated, is available on the Club website https://www.club.co/userterms

1. Content On The Club Platform

Brand Content.  When using the Club Platform a Brand may share, by posting or transmitting, various content, included but not limited to videos, photos, sound clips and comments (“Brand Content”). The Brand is solely responsible for its Brand Content and the consequences of sharing it using the Club Platform. The Brand therefore warrants, acknowledges and agrees that it owns and/or has the necessary licenses and other rights to use and share the Brand Content on the Club Platform and that Club is not responsible for pre-screening any Brand Content that is posted or transmitted by the Brand on the Club Platform. Club acknowledges and agrees that the Brands are the owners (or licensees) of their respective Brand Content that (in whatever form) is submitted to Club and/or uploaded on the Club Platform and/or the Club Website by/on behalf of the Brands, and unless expressly granted in writing by a Brand, no rights in or to the Brand Content except those expressly set forth herein are granted to Club.

Club Content.  When using the Club Platform, the Users may post or transmit various content, included but not limited to videos, photos, sound clips and comments (“Club Content”). Club Content is not the content of Club, but of the individual Users who posts or transmits the content and who holds all rights, including intellectual property rights, in and to the Club Content. Pursuant to Club’s Terms of Service Agreement with the Users, the Users have granted Club a non-exclusive, sub-licensable and royalty-free worldwide license to use, reproduce, make available to the public, publish, translate, modify, create derivative works from, and distribute the Club Content (the “Club Content License”).

Club grants the Brand a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public, publish, translate, modify create derivative works from, and distribute the Club Content, at the brands discretion. This is done so on the explicit acknowledgement and agreement by the Brands that (i) Club disclaims any and all representations and warranties relating to the ownership or rights of the Users in and to the Club Content, including the right to grant the Club Content License to Club, (ii) Club is not responsible for pre-screening any content that is posted or transmitted on the Club Platform by the Users, and (iii) any use made by a Brand of any Club Content is therefore made at the Brands’ own risk, cost and expense.

2. Brand Policy

The Brands understand that the Club Platform is a SaaS platform; a software tool that helps the Brands to automate Users to do marketing tasks for the Brands. A Brand is solely responsible for managing its Brand Program. Club does not monitor or interfere with the Brands’ Users’ behaviour on the Club Platform. The Brand is solely responsible for managing its Brand Program and making sure that the Users follow the Brand’s policies.

3. Intellectual Property And Proprietary Rights

The Club Platform.  The Brands acknowledge and agree that Club, its subsidiaries, affiliates and/or licensors own all right, title and interest in and to the Club Platform and any and all copyrights, trademarks, patents, trade secrets and any other intellectual property and proprietary rights therein.

Club Trade Secrets and Know-How.  The Brands acknowledge and agree that the network of Users, and all information relating to Users (including their individual identities and contact information), and all information relating to all other users of the Club Platform (including without limitation publishers and advertisers), and any and all data and statistics related to the use of the Club Platform, are the trade secrets, know-how and proprietary information of Club. Notwithstanding the foregoing, a Brand shall not be restricted from (i) engaging outside of the Club Platform with individuals who became Users by invitation to the Club Platform by the Brand or with Users with whom the Brand engaged outside the Club Platform before becoming a Brand, and (ii) extracting and importing to its systems and freely use unrelated to the use of the Club Platform information and data on the Brand’s engagement with Users (including campaign data derived from the Brand Program).

4. Use of the Technology

Club grants the Brands a limited, non-exclusive, revocable license to make use of the Club Platform for the duration of the Agreement.

The Brands agree not to (i) reverse engineer, decompile, translate, adapt, and modify the Club Platform or any part thereof; (ii) copy, display, disclose, sell, lease, co-brand the Club Platform, or any part thereof, in any form; (iii) sub license, or otherwise transfer or permit third parties to use the rights and licenses granted hereunder; (iv) use the Club Platform in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary rights of Club, its subsidiaries, affiliates and/or licensors or any other third party; or (v) remove any copyright, trademark, patent or other intellectual property notices.

5. Data Protection

Club and the Brands are responsible for the compliance with their own respective data protection obligations, in particular under the General Data Protection Regulation (EU) 2016/679. For clarification, Club and the Brands are separate controllers for their own processing of personal data. Should the Brand extract and import to its systems information and data on the Brand’s engagement with Users, the Brand is the controller for its processing of such personal data.

Data Breach Notification and Responsibility

In the event of a data breach that affects the processing of personal data for which Club is the controller, we will promptly notify affected users and relevant authorities within 72 hours of becoming aware of the breach, in compliance with applicable laws and regulations.

For further information on how Club processes personal data, please see Club’s Privacy Policy.

6. Warranty and Disclaimer

The Club Platform, Club Service and the Club Content are provided “as is”.  Club, its subsidiaries and affiliates, and its licensors and suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose. Specifically, Club makes no warranty that the Club Services will function without interruption and Club disclaims any and all responsibility and liability arising out of data security breaches, including without limitation unauthorized access to data by third parties or for loss of data for any reason.

Further, the Club Platform is dependent on several third party integrations and API calls. Changes to these integrations and API calls by one or more third parties may cause disruption in services at any time, as well as permanent disruptions and changes to the platform. The Club platform is also dependent on the continuous approval by the Apple App Store, without which the Club platform can only be offered as desktop and mobile browser versions.

7. Limitations Of Liability

To the fullest extent permitted by applicable law and save for Club having wilfully caused damages, neither Club nor any of its subsidiaries, affiliates, directors, officers, employees or agents shall be liable to a Brand for any damages (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data (including Brand Content) or business interruption) resulting from the use or inability to use the Club Platform, or any failure of performance of the Club Platform, or the unavailability of or interruption in the Club Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not Club has been advised of the possibility of such damages, lost profit or loss of data or business interruption. If the Club Platform is not fully available to the Brand, the Brand’s sole and exclusive remedy shall be to discontinue the use of the Club Platform.

8. Indemnification

Club agrees to defend a Brand against, and indemnify and hold harmless the Brand and its subsidiaries, affiliates, directors, officers, employees and agents from and against any third party claims, demands, actions, suits or proceedings alleging that the Brand’s use of the Club Platform infringes or misappropriates the intellectual property rights of such third party, subject to and provided that the Brand has used the Club Platform in compliance with the terms hereof and that the Brand permits Club to, at its own expense, assume the exclusive defense and control of any matter subject to Club’s indemnification obligation, and to the Brand cooperating fully with Club in asserting any available defenses.

A Brand agrees to defend Club against, and indemnify and hold harmless Club and its subsidiaries, affiliates, directors, officers, employees and agents from and against any third party claims, demands, actions, suits or proceedings that arise from the Brand’s use of the Club Platform and any Club Content, save for third party claims alleging that the Brand’s use of the Club Platform in compliance with the terms hereof infringes or misappropriates the intellectual property rights of such third party.  

9. Confidentiality

Club Confidential Material.  The Brands agree not to disclose Club Confidential Material (as defined herein) without Club’s prior written consent, and the Brands agree to only use Club Confidential Material for the purposes of the Agreement and Club Service.  “Club Confidential Material” includes, without limitation, (i) all software, technology, programming, specifications, materials, guidelines and documentation relating to the Club Service, (ii) statistics related to the use of the Club Service provided to a Brand by Club, (iii) information relating to Users (including their individual identities and contact information), other users of the Club Service (including, without limitation, publishers and advertisers), Club’s business partners and other third parties, in each case to the extent such information is provided to a Brand in connection with the Club Service or included in any reports or other communications relating thereto, or is otherwise provided to a Brand by Club, and (iv) any other material designated in writing by Club as “Confidential” or an equivalent designation. Club Confidential Material does not include information and data on the Brand’s engagement with Users (including campaign data derived from the Club Platform) or material that (i) has become publicly known through no breach by a Brand, (ii) has been independently developed by a Brand without access to Club Confidential Material, as evidenced in writing, (iii) was  rightfully received by a Brand from a third party, or (iv) was required to be disclosed by law or by a governmental authority.

Brand Confidential Material.  Save for as required for the contemplated use by a Brand of the Club Platform, Club agrees not to disclose Brand Confidential Material without the Brand’s prior written consent and Club agrees to use it only for the purpose of the Agreement and provision of services hereunder. “Brand Confidential Material” includes any and all information provided by a Brand to Club and any and all information related to the Brand Program. Brand Confidential Material does not include material that (i) has become publicly known through no breach by Club, (ii) has been independently developed without access to the Brand Confidential Material, (iii) was rightfully received by Club from a third party, or (iv) that is required to be disclosed by law or by a governmental authority.

10. Payment

Account Balance. Commission and Rewards (“User Rewards”)  payed to the Users participating in your Brand Program and commission payable to Club (“Commissions”) is debited from the Brands’s Account Balance (“Account Balance”).

In order to utilize the Discount Code feature and Cash Reward feature in the Club Platform, Brands must deposit at least $100 into their Account Balance. The amount deposited is registered as the brands Auto Top-up Amount.

User Rewards and Commissions will automatically be deducted from the Account Balance. When the Account Balance balance drops below 20% of its Top-up Amount, the Account Balance will automatically be topped to the Auto Top-up Amount. The top-up will be paid by the Brands registered credit card. The Auto Top-up Amount can be changed according to the Brands needs.

Refund of canceled orders. If the Brands ecommerce integration allows, Commissions related to eligible tracked sales that are canceled or refunded, are refunded to the Brand’s Account Balance, no later than 45 days after an order is canceled. Such refunds are only available through a live e-commerce integration, and only from the time of integration complete and onwards.

Termination. Upon termination of contract, all remaining funds in the Account Balance, after all remaining User Rewards and Commissions are paid, will be refunded to the Brand.

Compensation to Club for Sales - Commissions. For all revenue, without any limitations, generated through the discount codes or tracking links created or distributed via the Club Platform, the Brands will pay Club a commission. The commission % is specified according to the plan chosen by the Brand.

Compensation to those participating in the Brand Program. Club will, through its third party payment partner(s) and on the Brands behalf, be responsible for the payout of Rewards & Commission, from the Brands’ Account Balance to the Users on the condition that the Brand has no unpaid or overdue invoices. The Brand is solely responsible for compensating Users for gift cards rewarded through participation in the Brand Program. This might be done automatically through API integration, or if not through manual requests by Users.

License fee. The License includes fee for subscription plans and fee for added features outside or in addition to the selected subscription fee. The fee is deducted from the Brands registered credit card on Club. The fee is deducted monthly, on the date of the first paid license fee. This fee can also be paid yearly, if the Brand has opted in for yearly payment.

If the Brand wishes to upgrade their subscription plan, or add any additional features, at any time during the payment cycle for License fee, the relevant plan, features and access will be available to the Brand effective immediately. The brand will only pay for the upgraded plan or added features for the remaining days of the billing cycle.

Transaction fee. All funds added to Account Balance are subject to a 5% transaction fee.

Payment. The Brand must enter a credit or debit card in the Club Platform settings. If payments for invoice license fee, commissions or any other amount due under the Agreement are not received by the due date, the card entered in the Club Platform will be debited.

Price increase. The License Fee during any renewal term (every 12 month period) will increase by an amount of 5% compared to the applicable pricing in the prior term.

Termination. Upon termination of the Agreement for any reason, the Brand shall immediately pay any outstanding commissions, fees and other other amounts properly due under the terms of the Agreement to Club and to the Users participating in the Brand Program.  

11. Governing Law

The Agreement, including these Terms and Conditions, shall be interpreted, construed, enforced and governed in accordance with the laws of Norway.

12. Arbitration

Arbitration.  Any dispute, controversy, or claim arising out of, related to or in connection with the Agreement, including these Terms and Conditions, or to the performance, non-performance, interpretation, breach, termination or invalidity thereof, or any claim that a party to the Agreement may assert in any individual, representative or collective capacity or as part of a class, whether based in contract, tort, or otherwise, shall be finally settled and determined solely and exclusively by arbitration administered by the International Chamber of Commerce (the “ICC“) under its then current Rules of Conciliation and Arbitration (the “ICC Rules“). The written award of the arbitrators shall be final and binding upon the parties, and judgment on or enforcement of the award so rendered may be sought, had or entered in any court having jurisdiction.

Initiation of Arbitration.  Any party may initiate arbitration by filing a written request for arbitration with the Secretariat of the ICC.  A copy of the request shall be furnished to all other parties in accordance with the provisions of the ICC Rules and the provisions herein concerning Notices.

Appointment of Arbitrators.  Each party shall appoint an arbitrator, and after consultation with the parties the ICC shall appoint a third arbitrator.  Each arbitrator so appointed shall have an international reputation as being experienced in the legal and technical matters related to the dispute.

Location of the Arbitration.  The seat of arbitration shall be Oslo, Norway.  The arbitrators may hold hearings at such other locations as the arbitrators shall determine, after consultation with the parties.

Language of Arbitration.  The arbitral proceedings and all pleadings and written evidence shall be in the English language.  Any written evidence originally in a language other than English shall be submitted in English translation accompanied by the original or true copy thereof.

Resort to the Courts.  Nothing in the Agreement, including these Terms and Conditions, prohibits any party from seeking interim or conservatory relief in any court of competent jurisdiction; provided, however that neither the filing of an application for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, nor the granting of such relief, shall be deemed to be a waiver of the obligation of the party to have the dispute heard and determined solely and exclusively by arbitration.

13. Survival

The provisions of Sections 3, 7, 9 and 10 through 12 shall survive the expiration or termination of the Agreement.

14. Amendments

If and when these Terms & Conditions are amended or revised, the so amended and revised Terms & Conditions will be made available on the Club website https://www.club.co/brandterms, and will take effect after notification in the Club Platform.

Last Revised: September 2023

This Terms of Service Agreement (the “Agreement”), as amended from time to time as provided herein, applies to www.club.co and related applications (the “Club Website), and sets forth the terms and conditions that govern your use of the Club Website and the Club Technology (“Club Technology”). The Club Website is intended for use by individuals who are above the legal age in their country of access to the Club Website. You are not permitted to use the Club Website, register for an account, or provide account information if you are under such legal age of your Country. The absolute minimum age is set to 13. Nothing in this Terms of Service Agreement shall be construed as creating a partnership, agency, joint venture or any other legal entity between Club AS, any third party brand and Users. Please read this Terms of Service Agreement carefully. By accessing or using the Club Website, you acknowledge that you have read, understand and agree to be bound by these terms and conditions, the Club AS Privacy Policy (available for review here), the Club AS Business Conditions (available for review here), and all applicable laws and regulations (collectively, the “Agreements”). Please review the Choice of Law, Arbitration and Class Action Waiver sections carefully, as they limit your ability to sue Club AS or participate in a class action against Club AS. If you do not agree with the Agreements, you are not permitted to access or use the Club Website or Club Technology.

Joining Club

Club AS provides visitors to the Club Website with access to its web-based software. On the Club Website visitors may become followers/members of brand communities, and by doing so, have an opportunity to interact with and/or promote third party brands utilizing the Club Technology. The Club Website, Club Technology, Club AS program and Club Content constitute the Club Service (the “Club Service”). Once visitors become followers/members of brands and choose to interact with and/or promote third party brands using the Club Technology, the set of Club Business Conditions (“Business Conditions”) apply. These Club Business Conditions include but are not limited to Prizes and Awards, Point Systems, Commissions, Free Product, Discounts, Usage of Discount Codes, and Payment. These Club Business Conditions are available for review here ) . By accepting this Terms of Service Agreement you accept these Club Business Conditions in full, and acknowledge that they may be changed from time to time at the sole discretion of Club AS. Updates and changes will be displayed within the Club Website and/or as an update of this Terms of Service Agreement. All content and material that is made available to users through the Club Website is referred to as the “Club Content.” All content and material that Club Website users make available through the Club Website is known as “User Content.” By registering as a user you understand and agree to receive service e-mails which relates to your account and activity.

A. Registration and Privacy

You will be asked to register and provide certain information in connection with your use of the Club Technology. You agree to provide true, accurate, current and complete information about yourself (“Data”) as requested on the Club Website. Should you provide any Data that is untrue, inaccurate, not current or incomplete, or Club AS has reasonable grounds to suspect that such Data is untrue, inaccurate, not current or incomplete, Club AS has the right to suspend or terminate your access to and use of the Club Technology, withdraw any compensation achieved and refuse current and future use of the Club Technology. You are not allowed to: register more than one account on the Club App, or use unauthorized “fan pages” including exploitative pages, unofficial and official fan pages. You are only allowed to have one user account on Club. Having several user accounts is in breach of our terms and can result in all earnings to be voided from all accounts belonging to the same individual. To access and use certain online services on the Club Website, you will be required to create an account and to select user name and password in order to be able to access your account. You are solely responsible for the activity that occurs on your account. You are responsible for maintaining the confidentiality and security of your user name and password. If you have any reason to believe that there has been a breach of security regarding your user name and/or password, you must promptly notify Club AS in writing and immediately change your password. On the Club App you will be asked to link to the social networks of your choosing. The more social networks you link up, the better your chance of being approved and qualifying for certain campaigns. These social networks might include YouTube (see Terms of Service), Tumblr, Facebook, Twitter, Instagram, Pinterest, LinkedIn and TikTok. More social networks may be added or withdrawn at the sole discretion of Club AS without any update to this Terms of Service Agreement. By linking these social networks, you authorize Club AS to access data from your social profiles (consistent with your privacy settings on each social network). The information is used strictly to verify your total following, to rank you within the system, to fill in basic information (email, gender, birthday, etc.) on your Club account and to develop your social profile based upon your activity on these social networks. Club AS does not have access to passwords, messages or personal data, and are not able to make any posts on your behalf. Club AS respects the integrity of you and your following and will go to great lengths to protect your integrity. Club AS adheres to its Privacy Policy in the processing of personal data. By accepting this Terms of Service Agreement you provide your explicit consent to the processing of personal data pursuant to the Privacy Policy as it is in force at any given time. For information about the collection, use, and disclosure of information, as well as your choices and control over such collection, use, and disclosure, please review the Club AS Privacy Policy, available here.

B. Intellectual Property And Proprietary Rights

You acknowledge and agree that Club AS, and its suppliers, own all right, title and interest in and to the Club Technology and any and all copyrights, trademarks, patents, trade secrets and any other intellectual property and proprietary rights therein. The Club marks and logo, and all related product and service names, design marks and slogans are the trademarks, service marks or registered trademarks of Club AS and may not be used or modified in any manner without the prior written consent of Club AS. Copyrights, trademark rights, database rights, design rights and any and all other intellectual property and other rights relating to the Club Website existing now or in the future including but not limited to all Club Content and any other computer programs, source and object code, documentation, software graphics, text, images, designs, animations, databases, logos, domain names, trade names and trade identities are the property of Club AS, its subsidiaries, affiliates and/or licensors. Unless expressly granted in writing by Club AS, no rights in or to the Club Content except those expressly set forth within this Terms of Service Agreement are granted to you. All Club AS software applications and the Club Content are licensed, not sold, to you, and Club AS and its licensors retain ownership of all copies of the Club AS software applications and Club Content even after installed on your personal computer, mobile handsets, tablets, and/or other relevant devices.

C. Rights We Grant You

We grant you a limited, non-exclusive, revocable license to make use of the Club Website and Club Technology, and a limited, non-exclusive, revocable license to make use of the Club Content. Club AS does not grant any rights to you to download, copy, store, transfer, edit, transmit, distribute or otherwise use or exploit the Club Content (inclusive of any third party content, such as music and videos) shown or made available by the Club Service except as part of the Club Service. This license shall remain in effect until and unless terminated by Club AS. You agree not to:

• Reverse engineer, decompile, translate, adapt, and modify the Club Technology or any part thereof;
• Copy, display, disclose, sell, lease, co-brand the Club Technology, or any part thereof, in any form;
• Sub license, or otherwise transfer or permit third parties to use the rights and licenses granted hereunder;
• Use the Club Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary rights of Club AS, its third party suppliers or any other third party;
• Remove any copyright, trademark, patent or other intellectual property notices.

D. Third Party Applications

The Club Service is integrated with third party applications and services to make content available to you. Third party brands may from time to time conduct campaigns and programs, which may or may not involve your social following, whereby you are offered the opportunity to purchase products and partly and/or in full pay with your social reach that is linked to the purchase. Club AS and the third party brands, acting independently, each reserve the right to cancel any order at any time, close accounts, withdraw orders and take legal action if they suspect that any of the linked social media accounts contain “fake” or bought followers, unofficial or official fan pages utilized for discount code promotion, that you have more than one account linked to yourself or are deliberately trying to run a scam.

E. Links to Other Sites

On the Club Website there are several links to other web sites that take you outside the Club Service. You warrant that you will comply with terms of service of these websites.

Here are some of the websites included:

• Instagram
• TikTok
• Facebook
• YouTube

Club AS has no control over these websites, is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of or relating to any use, reference to or reliance on such information and any other dealings with such third parties. When applying to become a follower/member of a brand in the Club App, you are offered the opportunity to link your social media accounts with your application, where the Club Technology can use your data from these websites to define your number of followers, reward amount and displaying media. You are responsible for the accuracy of such data and will notify Club AS immediately in writing should the data differ in actual versus what is stated on your account information. Further, it is your sole responsibility to ensure that such data is accurate when it comes to “genuine” social media following – i.e. that you have not acquired a fictitious social following.

F. Rights You Grant Us

You grant Club AS a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public, publish, translate, modify create derivative works from, and distribute any of your User Content. Aside from the rights specifically granted herein, you retain ownership of all rights including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights”, such as your right to be identified as the author of any User Content, and your right to object to derogatory treatment of such User Content. In connection with your User Content you warrant that: You own and/or have the necessary licenses and other rights to use or authorize Club AS to use the User Content and the associated patent, trademark and copyright and other intellectual property rights therein. You have the written consent and/or permission of each identifiable individual person in the User Content to use the name of such person to enable the inclusion and use of the User Content via the Club Website. You acknowledge and agree that Club AS is not responsible for pre-screening any User Content that is transmitted via the Club Website. You represent and warrant that you have secured any and all rights necessary and appropriate to submit content on the Club Website, including all necessary releases. You agree to abide by any and all additional notices, information or restrictions in respect of the Club Website contained in any part of the Club Website. Exploiting any part of the Club Website for a purpose that is not permitted by this Terms of Service Agreement is expressly prohibited without prior written permission from Club AS or the applicable intellectual property rights holder as identified on the Club Website. Club AS shall have the right, to refuse, edit or remove any User Content that Club AS, in its sole discretion and without prior notice, considers to be harmful, illegal, threatening, offensive, sexual or racial or otherwise offensive, disruptive or inappropriate material, or otherwise in violation of this Agreement. It is our policy to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are a copyright owner or an agent thereof and believe that any posting or other content on the Club Website infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our Copyright Agent for notice of claims of copyright infringement can be reached as set out in the paragraph entitled Contact, below.

G. User Guidelines

You agree not to do any of the following:

• Use, display, mirror or frame the Club Website or any individual element within the Club Website, Club AS’s name, any Club trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Club AS’s express written consent;
• Access, tamper with, or use non-public areas of the Club Website, Club AS’s computer systems, or the technical delivery systems of Club AS’s providers;
• Attempt to probe, scan or test the vulnerability of any Club AS system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Club AS or any of Club AS’s providers or any other third party (including another user) to protect the Club Website or Club Content;
• Attempt to access or search the Club Website or Club Content or download or otherwise copy the Club Content from the Club Website through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Club AS or other generally available third-party web browsers;
• Use any meta tags or other hidden text or metadata utilizing a Club trademark, logo, URL or product name without Club AS’s express written consent;
• Use the Club Website or Club Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms of Service;
• Link social accounts that are purely related to discount codes and adding discount text overlay information on your images.
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Club Website or Club Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Club Website or Club Content;
  Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Club Website;
• Collect or store any personally identifiable information from the Club Website from other users of the Website without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.

Although we are not obligated to monitor access to or use of the Club Website or Club Content, we have the right to do so for the purpose of operating the Club Website, to ensure compliance with this Terms of Service Agreement, and to comply with applicable law or other legal requirements. We have the right to investigate violations of this Terms of Service Agreement or conduct that affects the Club Website. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

H. Confidentiality

You agree not to disclose Club AS Confidential Material without prior written consent and you agree to use it only for the purposes of this Terms of Service Agreement and Club Service. “Club AS Confidential Material'' includes without limitation: all Club AS software, technology, programming, specifications, materials, guidelines and documentation relating to Club Service; statistics related to the use of Club Service provided to you by Club AS; any and all information relating to other users of Club Service (including without limitation publishers and advertisers), Club AS’s business partners and other third parties, to the extent such information is provided to you in Club Service or included to any reports or other communications relating thereto, or is otherwise provided to you by Club AS; and any other material designated in writing by Club AS as “Confidential” or an equivalent designation. Club AS Confidential Material does not include material that: has become publicly known through no breach by you; material that has been independently developed without access to Club AS Confidential Material, as evidenced in writing; rightfully received by you from a third party; or required to be disclosed by law or by a governmental authority.

I. Warranty and Disclaimer

THE CLUB PLATFORM, CLUB SERVICE AND THE CONTENT ARE PROVIDED “AS IS.” CLUB AS, ITS AFFILIATES, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. SPECIFICALLY, Club AS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SECURITY OF THE WEBSITE OR ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, TOOLS, LINKS, OR OTHER COMMUNICATIONS PROVIDED IN OR THROUGH THE USE OF CLUB PLATFORM, OR ANY SITE OR SITES “LINKED” TO THE CLUB WEBSITE. WE MAKE NO WARRANTY THAT THE CLUB PLATFORM WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

J. Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLUB AS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE CLUB PLATFORM, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY OR DEFECT IN OPERATION OR TRANSMISSION, VIRUS, LINE OR SYSTEM FAILURE, OR LOSS OF USE RELATED TO THE CLUB PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CLUB AS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE Club SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE CLUB SERVICE.

K. Indemnification

Upon a request by Club AS, you agree to defend, indemnify and hold harmless Club AS and its affiliates, directors, officers, employees and agents against any claims, demands, actions, damages or other liabilities, including expenses and attorney’s fees, that arise from your use of the Club Service. Club AS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Club AS in asserting any available defenses.

1. Choice of Law
   This Terms of Service Agreement shall be interpreted, construed, enforced and governed in accordance with the laws of the Kingdom of Norway, excluding its rules regarding choice of laws.

L. Arbitration and Class Action Waiver

Any dispute, controversy, or claim arising out of, related to or in connection with this Terms of Service Agreement, or to the performance, non-performance, interpretation, breach, termination or invalidity thereof, or any claim that a party to this Agreement may assert in any individual, representative or collective capacity or as part of a class, whether based in contract, tort, or otherwise, shall be finally settled and determined solely and exclusively by arbitration administered by the International Chamber of Commerce (the "ICC") under its then current Rules of Conciliation and Arbitration (the "ICC Rules"). The written award of the arbitrators shall be final and binding upon the parties, and judgment on or enforcement of the award so rendered may be sought, had or entered in any court having jurisdiction

1. Initiation of Arbitration. Any party may initiate arbitration by filing a written request for arbitration with the Secretariat of the ICC. A copy of the request shall be furnished to all other parties in accordance with the provisions of the ICC Rules and the provisions in the Agreement concerning Notices.
2. Appointment of Arbitrators. Each party shall appoint an arbitrator, and after consultation with the parties the ICC shall appoint a third arbitrator. Each arbitrator so appointed shall have an international reputation as being experienced in the legal and technical matters related to the dispute.
3. Location of the Arbitration. The seat of arbitration shall be Oslo, Norway. The arbitrators may hold hearings at such other locations as the arbitrators shall determine, after consultation with the parties.
4. Language of Arbitration. The arbitral proceedings and all pleadings and written evidence shall be in the English language. Any written evidence originally in a language other than English shall be submitted in English translation accompanied by the original or true copy thereof.
5. Terms of Reference. In addition to those matters required by the ICC Rules to be included in the Terms of Reference, the arbitrators shall, after consultation with the parties, include within the Terms of Reference appropriate provisions which:
   1. require the disclosure of all exhibits expected to be used by the parties at the arbitration, and the exchange of complete copies of all such exhibits in advance of the arbitration;
   2. determine the dates for the exchange of said written disclosures and copies of said exhibits;
   3. require the written disclosure of the identity of all witnesses whom the parties expect to call at the arbitration;
   4. determine the dates for the exchange of the written disclosures of the identity of witnesses which the parties expect to call at the arbitration;
   5. determine the dates for the exchange of sworn narrative statements containing the testimony of all witnesses whom the parties expect to call at the arbitration;
   6. require that the sworn narrative testimony of witnesses be submitted in substitution for the direct examination of the witness, and that all witnesses whose sworn testimony is submitted for consideration by the arbitrators must present him or herself for cross examination at the time and place of the arbitration hearing, unless some other procedure providing the parties with a full and complete opportunity for cross‑examination has been established and provided by the arbitrators, the parties and the witness;
   7. prohibit, except upon a showing of good cause, or for purposes of rebuttal, the receipt into evidence of any exhibit not disclosed by the parties, nor shall the arbitrators permit a party to present the testimony of any witness whose identity and testimony was not exchanged prior to the arbitration; and
   8. permit discovery as reasonable and necessary for the orderly preparation of the dispute for hearing and determination of the dispute (said discovery may include requests for production of documents and depositions of witnesses who cannot be summoned to the arbitration or are otherwise unavailable to attend the arbitration).
6. Limitation on Remedies. The arbitrators are precluded from awarding punitive or exemplary damages, and may not award any indirect, special, incidental or consequential damages. In no event shall the arbitrators have the powers of an amiable compositeur.
7. Resort to the Courts. Nothing in this Agreement prohibits any party from seeking interim or conservatory relief in any court of competent jurisdiction; provided, however that neither the filing of an application for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, nor the granting of such relief, shall be deemed to be a waiver of the obligation of the party to have the dispute heard and determined solely and exclusively by arbitration.
8. Waiver of Jury Trial, Court Trial, Other Court Proceedings or Right to Participate in Class Arbitrations or Actions. Except to the extent set forth in Paragraph (g) above, or otherwise in aid of arbitration, the parties understand and knowingly waive their rights to a jury trial, court trial, or other court proceeding, and expressly waive any right they may have to commence or participate in any representative, class, collective or consolidated actions or disputes in court, in arbitration or in any other forum. You agree that you will not file a class action or collective action against us, and that you will not participate in a class action or collective action against us. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in these Terms of Service, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into. Any dispute at that time in arbitration will be dismissed without prejudice and refiled in a court. Under no circumstances do you or we agree to class or collective procedures in arbitration or the joinder of claims in arbitration.

M. Severability

If any provision of this Agreement is unlawful, void or unenforceable, you agree that the provision will be enforced to the maximum extent permissible and the remaining provisions contained in this Agreement shall continue in full force and effect.

N. Changes to Terms of Service

Club AS is entitled to modify, amend, change or terminate the Club Service or any part of the Club Service at any time, without notice. All relevant parties shall be informed about such changes through the Club Website. Club AS may change the terms and conditions of this Terms of Service Agreement from time to time, in which case the revised terms will be posted on Club Website and the change will be communicated from within or via the Club Service. By continuing to use the Club Service following such changes you agree to be bound by the amended Agreement. You also acknowledge that Club AS and/or the third party brand may change its price/commission/reward list at any time.

O. Contact

If you have questions or concerns, please contact Club AS at:

By email:

info@club.co
Club AS, Eilert Sundts gate 41, 0355 Oslo, Norway

P. Term and Termination

You understand and agree that Club AS will determine your compliance with these Terms of Service in its sole discretion. Club AS reserves the right to restrict, suspend, deny or terminate access to all or part of the Club Website and to deny access to any person in its sole discretion without notice or liability of any kind. Club AS maintains a policy that provides for the termination of the Club Website use privileges of users who are in breach of any of this Terms of Service Agreement. Any violation of this Terms of Service Agreement may be referred to law enforcement authorities. Upon termination, your use of the Club Service shall cease immediately and Club AS may delete all data submitted by you to Club Website and/or Club Technology, observing, however that Club AS has a right, but has not obligation, to retain the said data in order to reactivate Club Service.

Q. Gift cards

Gift cards earned through the Club service may be used towards purchases of full-price products or services and may not be used on currently discounted products or services. Brands may waive this condition at their sole discretion.

R. Withdrawals

You need to be 18 years or older to transfer cash from your Club account to a bank account. We use a third party payment provider, Airwallex, to handle these transactions. See the Airwallex website for more details and updates regarding fees. Cash earned to your cash account will expire on a 12 month rolling period from the time you earned it. If you earn $10 on January 1st 2018, $10 will expire at midnight on January 1st 2019. When withdrawing from your Club account to a local bank account, a fee (as promptly stated in the app) of the total amount withdrawn will apply.

To find out if Club offers a local bank transfer service to your country, please see the following list:

1. Australia
2. Austria
3. Bahamas
4. Bahrain
5. Bangladesh
6. Belgium
7. Brazil
8. Bulgaria
9. Canada
10. China
11. Costa Rica
12. Croatia
13. Cyprus
14. Czech Republic
15. Denmark
16. Egypt
17. Estonia
18. Finland
19. France
20. Germany
21. Gibraltar
22. Greece
23. Greenland
24. Hong Kong
25. Hungary
26. Iceland
27. Indonesia
28. Ireland
29. Isle of Man
30. Israel
31. Italy
32. Japan
33. Kenya
34. Latvia
35. Liechtenstein
36. Lithuania
37. Luxembourg
38. Malta
39. Mexico
40. Monaco
41. Morocco
42. Netherlands
43. New Zealand
44. Norway
45. Pakistan
46. Philippines
47. Poland
48. Portugal
49. Reunion
50. Romania
51. Russian Federation
52. San Marino
53. Serbia
54. Singapore
55. Slovenia
56. South Africa
57. South Korea
58. Spain
59. Sri Lanka
60. Sweden
61. Switzerland
62. Thailand
63. Turkey
64. Ukraine
65. United Arab Emirates
66. United Kingdom
67. Vietnam
    
    

S. Monthly fees

There are no Monthly fees for using Club. However, Club uses third party payment partners like Airwallex please review their costs and fees.

T. Entire Agreement

This Terms of Service Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all proposals, oral or written, all previous negotiations, and all other communications between the parties.

If you have questions about our User ToC’s, please contact us at:

Attention: Consumer Affairs Department

Club AS
Eilert Sundts Gate 41,
0355 Oslo,
Norway
info@club.co
+47 854 24 810

Last Revised: August 2023

Club AS, a corporation organized and existing under the laws of the Kingdom of Norway, with its head office located at Club AS, Eilert Sundts Gate 41, 0355 Oslo, Norway (“Club AS”), (collectively “Club AS,” “we,” “us,” or “our”) respect your privacy and we are committed to treating and using Personal Information (as defined below) about you responsibly.

This Privacy Policy (“Policy”) explains how Club AS collects information via this website (such website, and all of our activities thereon, constituting “the Online Services”), and how Club AS shares and uses that information.

Throughout this Policy, we refer to the nonpublic personal information that directly and without additional information identifies you or your accounts as “Personal Information.” “Personal Information” includes information such as your name, address, email address, or phone number and other information that is not otherwise publicly available (such as your date of birth, Social Security number and financial information). Please read this Policy carefully.

When you visit this site you consent to the terms of this Policy and the information described herein. Any dispute related to this Policy will be governed by our Club AS Terms of Service Agreement .

Personal Information we collect

We may collect and process the following personal data:

• Information you give us: you may give us information about you when you create an account on our website, including your name, gender, age, location, e-mail, picture.
• Information we collect about you:

When you visit or browse the Online Services, we and our advertising, marketing, or service partners may collect information such as your Internet Protocol or “IP” address, the “URL” of the web pages you visit, and may use “cookies,” web beacons, or other objects to collect statistical and other information about your use of the our website and other websites. The purpose of collecting this information is to improve the effectiveness of the Online Services and to conduct targeted advertising or marketing. The collected information may include, for example, the web pages you visited; the date and time of your visit; the websites you visited immediately before and after visiting our website; your language preference; demographic information; the kind of browser you use; and the popularity of various advertising words and phrases used by us. The collection of this information allows for the compilation of aggregate and anonymous information about the usage of our online Services.

The data table below shows what submitted personal data we store about you when you sign up and complete your account details. The period of retention is based on the last time you were active on the platform.

We take certain appropriate security measures to help protect your personal information from accidental loss and from unauthorized access, use or disclosure. However, we cannot guarantee that unauthorized breaches won’t occur. The period of retention for each of your personal data is 24 months.

Users:

• First Name: We use this information to identify you on the platform. This allows the brands to recognize you as user
• Last Name: We use this information to identify you on the platform. This allows the brands to recognize you as user
• Country, City: This information allows the brands to present customized missions and content to you
• Interests: This information allows the brands to present customized missions and content to you, and also showing brands that correlate with your interests
• Photo: Brands will use this information to identify you on the platform. This allows the brands to recognize you as user
• Gender: This information allows the brands to present customized missions and content to you
• Measurements: With this information brands will be able to send you products that match your indicated measurements
• Address: With this information brands will be able to send you products.
• Social Network Info (Facebook, Instagram, Twitter, TikTok, YouTube (Google): Club stores the social network identifier, your reach and an access token if you choose to link your accounts. This information will allow the brands to present customized missions and content to you. The access token will only be used to validate and store the contents that you publish on your social networks which are submitted in relationship with Club. This to make sure the social media content you share with brands through submitting to missions is made available to the brand admins, and to ensure we can evaluate and give feedback on your submitted content in a timely and simple manner.
  • Club is using the YouTube API Services. To better understand the data collected through the API, please read the Google Privacy Policy. If you wish to revoke your user data, please do so on your Google security settings page.
• IP Address: Club stores your IP address as a means to detect fraudulent behavior.
• Device identifiers: The device identifiers let us send you push notifications to your device, making sure that you are up-to-date on the actions related to you
• Bank details: Club keeps the address and the last four digits of your bank account, to provide this information to our third-party provider, Payoneer
• E-mail address: We collect this information to be able to contact you about updates and information related to your use of the service.
• Mobile number: We collect this information to be able to contact you regarding information related to your use of the service. E.g as a part of shipping information.
• ID verification: When verifying your ID we store all details about your submitted document as well as profile image taken during the verification process.
• Address verification: When verifying your address, we store all details about your submitted document.

Brand Representatives:

• First name: We use this information to identify you as a representative of a brand
• Last name: We use this information to identify you as a representative of a brand]
• E-mail address: We collect this information to be able to contact you about updates and information related to your use of the service.
• Country
• Photo

For brands using Shopify

Through connecting your Shopify to Brandbassador, we will connect the following Shopify data from purchases made through discount codes created in Brandbassador: 'id', 'order-number', 'total-price', 'discount-codes', 'currency', 'financial_status', 'total_shipping_price_set', 'referring_site' , 'landing_site_ref' and 'created_at'.

We collect this data to provide analytics to the brand on sales tracking and performance from discount codes shared by its users - both on a campaign level as well on an user level. Data deletion / retention: As long as a brand is signed up to Brandbassador, we will store the previously listed data. When a brand proceeds to delete their account, Brandbassador will delete all stored personal data within 7 days of account deletion.

General Use and Legal Basis

Users

We use your personal data:

• To provide, maintain and improve your user experience and website operation, and to facilitate the creation of and securing your account on our network. It is in our legitimate business interests to continue to maintain our product and service offering to individuals in order to keep running our business;
• To provide you with our services.We need this information in order to fulfill our obligations arising out of the Terms of Service entered into between you and us. Without this information we would not be able to provide the services requested by you.
• To comply with applicable laws and protect Club’s legal rights, including, but not limited to, in connection with legal claims, compliance, regulatory, and investigative purposes (including disclosure of such information in connection with legal process or litigation).

We may disclose your personal data to the following third parties:

• Brands: we disclose your personal data to brands in order to provide our services to you and the brands;
• Suppliers and subcontractors: we may disclose your personal data to suppliers that provides us services, for example suppliers of identity verification, cloud solutions and payment service providers;
• Divestment of business or assets: If we sell any business or assets, we may disclose your personal data to the prospective buyer of such business or assets;
• Authorities: we will share your personal data with authorities if we are under a duty to disclose or share your personal data in order to comply with any legal obligation.

Representatives of brands

We use your personal data:

• To provide, maintain and improve your user experience and website operation, and to facilitate the creation of and securing your account on our network. It is in our legitimate business interests to continue to maintain our product and service offering to brands in order to keep running our business;
• To provide our services to the brand that you represent. We use the personal data to give you access to the services (e.g. by registering an account). The processing is necessary for our legitimate business interest to provide our services to the brand that you represent.
• To comply with applicable laws and protect Club’s legal rights, including, but not limited to, in connection with legal claims, compliance, regulatory, and investigative purposes (including disclosure of such information in connection with legal process or litigation).

How is Personal Information protected?

We take certain appropriate security measures to help protect your personal information from accidental loss and from unauthorized access, use or disclosure. However, we cannot guarantee that unauthorized breaches won’t occur.

Your rights

You have the right to access your personal data (Art. 15 GDPR); to correct, delete or restrict (stop any active) processing of your personal data (Art. 16- 18 GDPR); and to obtain the personal data you provide to us for a contract or with your consent in a structured, machine readable format, and to ask us to share (port) this data to another controller (Art. 20 GDPR).

In addition, you can object to the processing of your personal data in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement, or where we are using the data for direct marketing – Art. 21 GDPR)).

These rights may be limited, for example if fulfilling your request would reveal personal data about another person, or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping.

The easiest way to access and update the information you provided to us is to log into your account. To exercise any of the above mentioned rights, you can get in touch with us – or our data protection officer – using the details set out below. When addressing us, please always provide your name, address and/or email address as well as detailed information about the change you require.

If you have unresolved concerns, you have the right to complain to an EU data protection authority where you live, work or where you believe a breach may have occurred.

When we ask you to supply us with personal data we will make it clear whether the personal data we are asking for must be supplied so that we can provide the services to you, or whether the supply of any personal data we ask for is optional.

How long we keep your personal data

Where you are a customer or a registered user, we will keep your information for the duration of any contractual relationship you have with us, and, to the extent permitted, after the end of that relationship for as long as necessary to perform the purposes set out in this notice.

How to request deletion of your data

If you wish to delete your account, please send your deletion request to info@club.co with the subject line “Account / Data Deletion”. You can request specific data or all data to be permanently removed. You may only delete your account if your cash balance is positive. Once deleted, you will receive a confirmation by email.

Might this Privacy Policy change?

We may update this Policy from time to time. We may notify you of an update to this Policy by any reasonable means, including by e-mail, by an online account notification, mobile application pop-up, or by regular mail. You agree that if you choose to continue to use the Online Services after Club AS sends you such an e-mail, online account notification, mobile application pop-up, or regular mail (allowing one week from the sent date for delivery of regular mail), you are bound to the most recent version of the Policy. You should periodically check the effective date at the top of this Policy to be sure that you are aware of the most recent version of this Policy and the important information described in it.

How do I contact Club AS about this Privacy Policy?

If you have questions about this Privacy Policy, or to contact Club AS about your Personal Information, please contact us at:

Attention: Consumer Affairs Department

Club AS

Eilert Sundts Gate 41,

0355 Oslo,

Norway

info@club.co

+47 854 24 810