Terms and conditions of use for Advertisers

  1. The website http://www.MashDrop.com (hereinafter: MashDrop) is operated by the company MashDrop, Inc. (support@MashDrop.com). MashDrop offers a placement platform by means of which clients (called "Advertisers") can insert opportunities for product promotion and for which users (called "Influencers") can apply.
  2. These Terms and Conditions of Use apply to the exclusion of all other terms and conditions. They apply for all acts of legal significance concluded by clients of a product placement and users with MashDrop. Divergent, conflicting or supplemental conditions only become part of the contract if MashDrop has expressly agreed to their application.
  3. Specific agreements concluded on a particular case basis with Advertisers and Influencers take precedence over these Terms and Conditions of Use. In this case a written contract or a written confirmation is authoritative.
  4. All communication between the Parties take place via the platform.

Registration and use of the website

  1. When registering on the website the Advertiser undertakes to provide the personal information about his/her person which is requested about the company e.g. name, complete address and email address truthfully.
  2. The Advertiser has sole responsibility for the security of his/her password. Disclosing the password to another person or transferring the account to a third party is prohibited.
  3. The Advertiser undertakes not to transmit content containing viruses, trojans or other malware which could damage MashDrop's system. In the case of an infringement of this provision the Advertiser undertakes to compensate MashDrop for any loss or damage.

Contract conclusion and services of MashDrop

  1. MashDrop reserves the right to check the Advertiser and to approve his/her use of the platform. Approval on the part of MashDrop does not create any entitlement in law in respect of the Advertiser to the corresponding activity by MashDrop as an intermediary.
  2. MashDrop will bring possible and offers for product and service promotion to the registered Advertisers' attention by means of what are called posts on the platform.
  3. The offers brokered in this manner by MashDrop represent non-binding offers. Influencers may bid for the order to be placed with them by uploading their own legally binding offers by creating a post and indicating their price idea via the platform.
    MashDrop will check these offers and make them available to the Advertiser. If the Advertiser should agree to the offer, MashDrop will inform the Influencer of this by email as well as via the platform and this notification constitutes a legally binding acceptance of the offer. The Influencer will not be informed of any rejection of the offer.
  4. By accepting an bid or offer the Influencer is obliged to produce and publish the post in accordance with the description in the offer and the specifications.
  5. After the order has been placed, MashDrop will not endeavor to make direct communication possible between the Advertiser and Influencer. An amendment of the contractual agreements or similar is, however, not permitted. The Advertiser undertakes not to submit any request for additional services to the Advertiser over and above his original offer and not to circumvent MashDrop.

The Advertiser's services

  1. The promotional opportunities must be formulated by the Advertiser as precisely as possible so that the Influencer can recognize the type of post which is expected. The Influencer can be selected from a number of categories.
  2. The Advertiser undertakes vis-a-vis MashDrop not to transmit any content which breaches public decency or applicable law. These include but are not limited to any breach of intellectual property rights such as trade mark rights, copyright as well as competition and criminal law. The Advertiser also undertakes not to transmit content and not to create corresponding posts containing content which is libellous or content which is discriminatory. If these obligations should be breached, MashDrop may block the Advertiser's access to the platform with immediate effect.
  3. The Advertiser grants MashDrop all rights to the materials and information needed for acceptance on the platform and distributed to the Influencers.
  4. The Advertiser confirms that he is in possession of all rights to the material he uses and particularly that in using and presenting them neither copyrights, nor other performing rights, trade mark rights or other rights such as the right to a person's own image are infringed. On making an offer the Influencer receives in return the right to use and disseminate the product and any labelling rights accordingly in the context of the order.

Warranty

  1. The Influencer is liable to the Advertiser for the agreed attributes of the materials produced. In this respect the criteria are the requirements formulated by the Advertiser.
  2. In all other respects the provisions of law between the Advertiser and MashDrop apply for the product placement/promotion.

Remuneration

  1. The agreed remuneration of MashDrop becomes due upon campaign creation and presentation of campaign art to the Influencer. Advertisers will buy promotion space on the Influencer's social channel(s) as indicated.
  2. The remuneration is made via PayPal.

Liability

  1. The Advertiser has no entitlement to the uninterrupted availability of the MashDrop service. MashDrop endeavors to make the pages available by means of the latest technology but interruptions and restrictions may occur from time to time, particularly when maintenance or other service measures are being undertaken. In this respect the Advertiser has no entitlement to compensation for drop-outs. This also applies in the event of force majeure.
  2. MashDrop has no further liability. In particular, MashDrop is not liable for content inserted by the contractual parties.
  3. The Advertiser will indemnify MashDrop against all third party claims which are asserted against MashDrop by reason of the content communicated by the Advertiser.

Confidentiality

The Advertiser undertakes to treat the information communicated in the context of the contractual relationship as confidential even after the conclusion of the contract and to maintain secrecy on such information. This understanding on confidentiality does not apply in so far as the information was already in the public domain or if it can subsequently be proven that it was made accessible to the other party by a third party without this obligation of confidentiality being breached.

Prohibition of competition

The Advertiser undertakes that even after the end of the campaign he will not approach the Influencer(s) directly in order to circumvent MashDrop.

Final provisions

  1. If individual provisions of this agreement should be invalid in whole or in part, the validity of the remaining Terms and Conditions of Use in all other respects is not affected. To the extent that they exist, the corresponding provisions of law take the place of the invalid points.


Terms and conditions of use for Influencers

  1. The website http://www.MashDrop.com (hereinafter: MashDrop) is operated by the company MashDrop, Inc. (email: support@MashDrop.com). MashDrop offers a platform by means of which clients (called "Advertisers") can insert opportunities for promotion and for which users (called "Influencers") can apply.
  2. These Terms and Conditions of Use apply to the exclusion of all other terms and conditions. They apply for all acts of legal significance concluded by clients and users with MashDrop. Divergent, conflicting or supplemental conditions only become part of the contract if MashDrop has expressly agreed to their application.
  3. Specific agreements concluded on a particular case basis with Advertisers and Influencers take precedence over these Terms and Conditions of Use. In this case a written contract or a written confirmation is authoritative.

Registration and use of the website

  1. When registering on the website the Influencer undertakes to provide the personal information which is requested about his/her person e.g. name, email address truthfully and particularly not to use a name he/she is not entitled to use or, for example, to purport to be a different person. It is on incumbent on MashDrop to check the truethfullness of the information. The Influencer undertakes to create only one account and always to maintain the information in an updated condition.
  2. The Influencer must be 18 years of age or more. If the Influencer is less than 18 years of age, he/she warrants that he/she has his/her parent's or guardian's agreement when registering.
  3. The Influencer has sole responsibility for the security of his/her password. Disclosing the password to another person or transferring the account to a third party is prohibited.
  4. The Influencer undertakes not to transmit content containing viruses, trojans or other malware which could damage MashDrop's system. In the case of an infringement of this provision the Influencer undertakes to compensate MashDrop for any loss or damage.

Contract conclusion and services of MashDrop

  1. MashDrop reserves the right to check the Influencer and to approve his/her use of the platform. Approval on the part of MashDrop does not create any entitlement in law to the corresponding activity by MashDrop as an intermediary.
  2. MashDrop will provide the registered Influencers with offers from trademark owners, groups and entrepreneurs for product placement and promotion by means of what are called posts. In this process the offers are written in such a manner that the client expresses his ideas so precisely that the Influencer can identify what type of post is expected.
  3. The offers published by MashDrop represent non-binding offers. Influencers may bid for the order to be placed with them by uploading their own legally binding offers by creating a post and indicating their price via the platform. MashDrop will check these offers and display them for the Advertiser. If the Advertiser should agree to the offer, MashDrop will inform the Influencer of this by email as well as via the platform and this notification constitutes a legally binding acceptance of the offer. The Influencer will also not be informed of any rejection of the offer. The influencer has the option of changing their offer price at will in order to attract advertisers.
  4. By accepting an offer the Influencer is obliged to publish the post in accordance with the description in the offer or the specifications.

The Influencer's services

  1. The Influencer undertakes to execute the relevant order properly and to publish it in the agreed medium. The post must remain on the agreed social medium channel for 60 days and may not be deleted.
  2. The Influencer grants MashDrop an exclusive right of use unrestricted in time of the material which was created. The Influencer waives any right of being named as the creator/originator.
  3. The Influencer confirms that he is in possession of all rights to the material he uses and particularly that in using and presenting them neither copyrights, nor other performing rights, trade mark rights or other rights such as the right to a person's own image are infringed.
  4. The Influencer undertakes not to use any photos, charts or other materials in the production of the order, the content or use of which is a criminal offense or which infringes criminal law in any other way. This particularly includes materials which incite racial hatred.
  5. The Influencer also undertakes not to subsequently use the content which was posted for other private or commercial purposes.

Remuneration

  1. The Influencer's remuneration be paid upon their account credit reaching the threshold amount of $100. Payment will be my via Paypal to the email address provided by the Influencer for renumeration.
  2. The remuneration is understood to be a net price (less commissions and fees). All payments are inclusive of any taxes owned. US-based Influencers must complete Form W-9 and will a Form 1099 if necessary.

Warranty

  1. The provisions of law apply in respect of liability for defects as to quality or defects of title unless provided otherwise in these Terms and Conditions of Use or the individual agreements.
  2. The Influencer warrants the agreed properties of the material produced and also warrants that MashDrop may use the materials without infringing any third party rights.

Liability

  1. The Influencer has no entitlement to the uninterrupted availability of the MashDrop service. MashDrop endeavors to make the pages available by means of the latest technology but interruptions and restrictions may occur from time to time, particularly when maintenance or other service measures are being undertaken. In this respect the Influencer has no entitlement to compensation for drop-outs. This also applies in the event of force majeure.
  2. MashDrop has no further liability. In particular, MashDrop is not liable for content inserted by the contractual parties.
  3. The Influencer will indemnify MashDrop against all third party claims which are asserted against MashDrop by reason of the content communicated by the Influencer.

Confidentiality

The Influencer undertakes to treat the information communicated in the context of the contractual relationship as confidential even after the conclusion of the contract. This understanding on confidentiality does not apply in so far as the information was already in the public domain or if it can subsequently be proven that it was made accessible to the other party by a third party without this obligation of confidentiality being breached.

Prohibition of competition

The Influencer undertakes that even after the end of the campaign he will not approach the advertiser directly in order to circumvent MashDrop. This does not apply in so far as the contractual relationship between MashDrop and the Advertiser is at an end.


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