The following terms and conditions (the “Agreement”) set out the legally binding terms of your participation in the Oceancoll Influencer program (the “Program”). The Program is owned and operated and Oceancoll Influencers are selected by Oceancoll. (“Oceancoll”).
By completing the application process and participating in the Program, you (“you” or the “Influencer”) agree to the terms and conditions contained herein, our Terms of Service and all other operating rules, policies and procedures that may be published occasionally on the Oceancoll.com website (the “Site”) by Oceancoll. If you do not agree to or understand this Agreement, do not apply to or participate in the Program.
As the data controller for this website, we accept the commitment to process the information of our users and clients with full guarantees and in compliance with the national and European requirements that regulate the collection and use of the personal data of our users.
You certify to Oceancoll that if you are an individual (i.e., not a company) you are at least 18 years of age. If you are a legal entity, you certify that you are an officer of the company or you are otherwise authorized to act on behalf of the company. You also certify that you are legally permitted to use the Program and that you take full responsibility for the selection and use of the Program. This Agreement is void where prohibited by law, and the right to access the Program is revoked in such jurisdictions. You understand and agree that the arrangement is not deemed to create an employment, partnership, or joint venture between Oceancoll and any Influencer. As a Influencer you are expected to act with honesty, comply with Federal Trade Commission (“FTC”) guidelines and adhere to all applicable laws.
There are 3 basic requirements for participating in Oceancoll’s Influencer Program.
In order to enjoy the benefits of the Program, you must fill out the application form available at our Influencer landing page, submit the form and be selected by Oceancoll to become an Influencer. After you have submitted the form, Oceancoll will review your application and decide whether you will be accepted as Oceancoll’s Influencer. If you have been approved to the Program, you become an Influencer. The Influencer must register on the Site (including by filling out all required personal information – your full name, email, and Instagram name) and create their own Oceancoll store. The Influencer may opt out of marketing and promotional emails unless agreed upon otherwise.
The Program offers multiple benefits to Influencers in exchange for the content, hereinafter “Content”, (information, images, pictures, data, text, photographs, graphics, messages, or other materials). Influencers create the Content with a product or products Oceancoll has sent to the Influencer as a part of the Program.
Oceancoll reserves the right to decide on and inform what, how often, and how many benefits the Influencer will receive while participating in the Program. Benefits are offered to Influencers during the Program in exchange for a product promotion on the social media accounts of the Influencers. Oceancoll reserves the right to unilaterally change, as well as increase or limit the benefits Influencers receive, and Oceancoll taking into account commercially reasonable attempts will inform the Influencers about the benefits they will receive. Benefits may include:
The fulfillment and shipping expenses of the free products and product bundles for Influencers are covered by Oceancoll. The Influencer may need to pay the relevant taxes & duties in his or her jurisdiction.
Once the Influencer has received Oceancoll products as a part of the Program, the Influencer must prepare at least 2 promotional Instagram posts and 2 Instagram stories for all benefits and/or products received from Oceancoll in the respective parcel for publishing on the Influencer’s Instagram page. The Influencer’s Instagram account must be the one that was approved by Oceancoll for the Program.
The Influencer must create the Content, including but not limited to the promotional Instagram posts and Instagram stories, by following Oceancoll visual guidelines:
If the Influencer uses any Oceancoll trademarks (including word or graphic elements) it must be done in compliance with Oceancoll’s Terms of Service and he or she must include a statement attributing that trademark to Oceancoll. The Oceancoll logo cannot be altered or changed.
After posting the initial promotional Instagram posts and Instagram stories,
Oceancoll will mutually agree with the Influencer on the Content Influencer must prepare for further participation in the Program. Influencers must follow all the instructions or requests from Oceancoll before any new product is sent to the Influencer. All communication regarding the aforementioned takes place via Oceancoll email: email@example.com.
Influencers must share monthly results for the Content created and posted during the Program. A monthly report should be sent to firstname.lastname@example.org. not later than the last business day of the month. The report form template will be sent to the Influencer once he or she will be approved to the Program.
Upon notice from Oceancoll, you must immediately remove all references to Oceancoll, including its name, logo, trademark, service mark, or any other identifying material.
The Influencer is solely responsible for the activity that occurs on the Influencer’s account, and the Influencer must keep its account password secure. The Influencer must notify Oceancoll immediately of any breach of security or unauthorized use of its account. Although Oceancoll will not be liable for the Influencer’s losses caused by any unauthorized use of its account, the Influencer may be liable for the losses of Oceancoll or others due to such unauthorized use described above.
Content that you post, submit, upload, display, sell or use using our Program and services is your Content for which you are solely responsible. You confirm that you have all necessary rights to the Content and that you’re not infringing or violating any third party’s rights by posting it or using it.
Oceancoll expects the Content created by the Influencer to be a truthful and creative representation of Oceancoll products that, depending on the purpose of the Content, educates followers and/or increases their curiosity about Oceancoll. Oceancoll is respectful of the Influencer’s creative freedom to create Content in a way that inspires the Influencer’s audience.
By participating in the Program and creating the Content, the Influencer agrees that Oceancoll can use the Content on the Site, social media accounts, blog or in its marketing activities, and grants a worldwide, royalty-free, perpetual, non-exclusive right and license to copy, distribute, and display the Content in any media including posting in an online gallery, publication(s), and various marketing materials, with right to use, copy, modify, edit, and create derivative works therefrom. The Influencer also agrees to execute documents confirming such right and license at Oceancoll’s reasonable request.
Except to the extent permitted by applicable law, the Influencer shall not (i) use any illegal method of advertising to promote the Oceancoll products, and the Influencer shall be solely liable for any such unauthorized communications; (ii) display the Content in any way that in Oceancoll’s discretion disparages or creates a derogatory or negative image of Oceancoll; (iii) make any false or misleading representations relating to Oceancoll, or engage in any other practices that could harm the reputation of Oceancoll; or (iv) display any Content in a manner that contains or promotes (a) illegal activities or (b) Content that is misleading, violent, deceptive, or violates any third-party intellectual property, privacy or other rights of any kind. The Influencer is solely responsible for following all federal, state and local laws, regulations and rules regarding advertising claims, including but not limited to the FTC’s Disclosure Guidelines.
This Agreement is effective at the time your application is, at the sole discretion of Oceancoll, accepted by Oceancoll and you are notified of such acceptance either in writing or electronically. Either party may terminate this Agreement at any time with or without cause. Upon the termination of this Agreement for any reason, all rights or licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove all links to the Site, and all Oceancoll trademarks and logos, other marks and all other materials provided in connection with the Program.
Oceancoll reserves the right to delete unconfirmed accounts or accounts that have been inactive for extended periods of time. By violating any applicable law or this Agreement, the Agreement will be terminated immediately and the Influencer understands and agrees that any and all benefits assigned and received can be immediately recalled or forfeit and that the Influencer’s account will be immediately terminated.
No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc. is intended or created by this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
If a dispute arises between you and Oceancoll, we strongly encourage you to first contact us directly to seek a resolution. The Agreement is governed and any dispute or claim arising out of or in connection with it is settled in accordance with the procedure set forth in Oceancoll Terms of Service.
In our sole discretion, we reserve the right to change, modify, suspend, assign or discontinue this Agreement and Program at any time, including the availability of any feature or content. Oceancoll may also impose limits on certain features or restrict Influencer’s access to parts or all of the Program without notice or liability. The Influencer shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Program by the Influencer following such modifications constitutes the Influencer’s acceptance of the terms and conditions of changes as modified.
Headings are for reference purposes only and do not limit the scope or extent of the respective section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee that we will take action against all breaches of this Agreement. The Influencer waives any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.
We make no express or implied warranties or representations with respect to the Program or this Agreement or any products or services sold by Oceancoll. In addition, we make no representation that the operation of the Site will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.
You understand that the Site and policies are created and operated to abide by all such rules and regulations and you agree to defend, indemnify and hold Oceancoll harmless from any of your violations of laws and regulation, including but not limited to, intellectual property rights, customers’ privacy rights, etc.
This Agreement shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.