Objective
This terms and conditions defines the overall contract to use the Fingerverse(hereinafter “Company”) advertisement service (hereinafter “Service”) between the “Company” and “Influencer”.
Definitions
- Service: Advertisement service wherein Influencer publishes an app advertisement that is requested from an Advertiser to the Company on an Ad Media, Advertisement Profit occurs when an Ad Media User clicks the ad and download, installs, runs the app, and Company and Influencer shares the profit in a certain ratio.
- Advertiser: Client that contracts with the Company based on agreed terms and conditions and uses the Service of the Company.
- Influencer: Influencer that contracts with the Company based on agreed terms and conditions and uses the Service of the Company, and publishes the advertisement that is requested from an Advertiser to the Company on an Ad Media, and shares the occurred profit in a certain ratio.
- Ad Media: Application or web based media excessible through PC, TV, portable devices that the Company uses to provide the Service
- Ad Media User: User who is using the Ad Media, including both members and nonmembers of the Ad Media.
- Ad Center: The administrative website that the Company provides to the Influencers in order to process operations such as request, execute, manage, cancel, etc.
- Influencer Account: Exclusive Ad Center account given to Influencer to distinguish each Influencer and manage the Service.
- Advertisement Profit: Revenue received from advertisers for advertising through the Service of the Company.
- Settlement Amount: The amount of Advertisment Profit given to Influencer, decided under a distribution standard set by the Company.
Registration and update of the terms and conditions
- The terms and conditions become effective by notifying to the user through the Service screen.
- The Company can update and alter the terms and conditions under the related law.
- The content of the terms and conditions can be updated by stating the update information and date of the Service and by informing 7 days ahead of the actual date. However, important updates on the rights and obligations of the Influencer shall be clearly alerted for a certain period through email, message, notice section in the Service, etc.
- If the Company alerts the Influencer according to the above clause (3) but the Influencer does not explicitly express refusal, the Influencer is regarded to have agreed on the updated terms and conditions.
- If Influencer has objections regarding the update, he may express refusal to the Company before the update date and cancel the contract.
- Terms not stated on this terms and conditions will follow related laws such as the Act on Promotion of Information and Communications Network and Electronic Commerce Consumer Protection Act or a separate operation policy set by the Company. Influencer is required to identify and follow the operation policy.
Advertiser Service Use Agreement
- The service use agreement is valid when the Advertiser requests promotion of ad and the Company approves, and details on the request and approve process will be separately notified to the Advertiser by the Company.
- Advertiser must request for service through the form and process that the Company requires, and the Company has the right to decide the change, approve, method, etc. of the Advertiser request.
- If the Advertiser decides to change the advertisement information during Service and if the Service has been altered from the originally approved information, a re-evalution is necessary and any disadvantage caused from the re-evaluation is beared by the Advertiser.
- Even if the Company has approved the ad promotion according to this clause, the approval may be cancelled at any time if a violation is identified in a later stage.
ADMAX Influencer Service Use Agreement
- Service use agreement is concluded when the person who wishes to become Influencer (hereinafter “Signup Applicant”) agrees with the terms and conditions and applies for signup and the Company approves.
- In principle the Company will approve the Signup Applicant’s request, but may disapprove if the Signup Applicant applies to the terms below, or if found to apply even after being registered.
- If the Signup Applicant has lost the Influencer right under terms and conditions or service operation policy, except if resignup is approved by the Company
- If use others’ name or input false information on application
- If information is omitted on application
- If not approvable due to Signup Applicatant causes or applies upon violating other matters
- If the Company decides necessary for other reasons
- If influencer agrees on the terms and conditions, the influencer is regarded to have agreed on all the services provided or to be provided by the company.
Obligations on Protecting Privacy
The Company shall use its best efforts to protect the personal information of Influencer according to Promotion of Information and Communications Network Utilization and Information Protection Act and other related law. Related law and the Company’s Privacy Policy is applied to the protection and use of personal information. However, the Company’s Privacy Policy is only applied to the official website of the Company, and not to other linked sites.
Changing Influencer information
- Influencer is responsible to manage his Account and Password, and should not permit other person to use it.
- Influencer can view and modify personal information in the influencer information page.
- Influencer is required to modify instantly when personal information is changed, and the Company is not responsible for any disadvantage occurred by not modifying.
The Company’s Obligation
- The Company should do its best to maintain the Service while following the related laws and terms and conditions.
- If the Advertiser and ADMAX Influencer’s complaints about the Service are reasonable, the Company has to take care of the complaints.
- The Company should pay Profit to ADMAX Influencer under the set profit distribution standard.
- The Company may temporarily shut down the Service in case of equipment maintenance inspection, replacement, breakdown, error, etc. or if there is rational operational reason. The Company is not responsible for the disadvantage occurred to the Influencer from the Service shut down described in this clause, unless it is intentional or major fault.
- In case of clause 4, the Company shall notify Influencer under the Article 14. However, if there is an inevitable reason the Company may post notify.
The Influencer’s Obligation
- 1. Influencer shall observe related laws, rules of this terms and conditions, operation guide, notifications related to the Service, notifications from the Company, and shall not conduct action that interrupts the Company’s business.
- Influencer shall not conduct the following.
- Input false or others information when applying for Influencer signup or modifying Influencer information
- Violating the Company’s or others intellectual property
- Defaming or interrupting the business of the Company or others
- Posting or sending email by misrepresenting self as the Company or others
- Modify information posted on the Service, or copy, publish, use or provide to others the information earned while using the Service without the consent of the Company
- Causing loss to the Advertiser or providing profit to a 3rd party by fraudly posting or promoting ads
- Fraudly or inadequately posting or promoting ads in order to make profit
- Sell, resell, transfer, or change the name of the account or use for right of pledge
- Share, transfer, resell, mediate the right to use the Service to another person
- Any action to earn profit wrongfully that causes loss to the Advertiser and Company
- Other actions that violates the Service operation policy
Restriction on Service Use
If Influencer violates related laws, terms and conditions, operation policy or impedes normal operation of the Service, the Company may take action such as restrict use of the Service or cancel the contract, etc.
Termination
- 1. Influencer may at anytime request to terminate the service use agreement either by asking the Company or directly from the Advertisement Center, and the Company shall process the request immediately following the related laws. However, if there is unsettled profit at the time of termination request, the termination will be complete after the settlement is completed according to the operation policy of the Company.
- As per the terms and conditions, resignup of Influencer that terminated while the contract was cancelled or service use restricted may be limited
Compensation for damage
- If Influencer gains loss while using the Service from either deliberate or accidental fault if the Company, the Company shall compensate for the loss according to the civil law or other related laws.
- If the Company gains loss from Influencer’s violation of the terms and conditions or related laws, Influencer shall compensate for the loss
- If a 3rd party seeks legal action against the Company due to Influencer’s violation of the terms and conditions or related laws, Influencer shall at his own expense and responsibility exempt the Company, and compensate for the loss.
Limitation on Liability
- 1. The Company is exempt from responsibility of providing the Service if due to natural disaster or similar force majeure.
- The Company is not responsible for defect of Service use caused by the Advertiser.
- The Company is not responsible for the information of the Service published by the Advertiser.
Notice to Influencer
- If no other rule exists on the terms and conditions, the Company may notice Influencer through the email, phone number that the Influencer provided.
- If notifying all the Influencers, the Company may substitute clause 1 by posting on the Service notice board for more than 7 days. However, issues critical to the Service use must follow clause 1.
- Notice is regarded as reached if the Company notifies according to clause 1 or 2. The Company is not responsible for issue caused by wrong email, phone number or if Influencer does not check the notice.
Ownership of Right
The rights and intellectual property of the Service provided by the Company to Influencer belongs to the Company. However, without additional declaration, all the rights of the contents created by Influencer while using the Service belongs to Influencer.
Prohibition of Transfer and Delegation of Authority
Influencer may not transfer or use as delegation of authority any rights or obligations of this terms and conditions without consent of the Company.
Jurisdiction
- Conflict between the Company and Influencer will be resolved following the commercial law of Republic of Korea.
- Conflict resolution and law suits will be mediated by Seoul Higher Court.
Additional Clause
The terms and conditions is effective as of April 1, 2016.