Terms and Conditions
LAST UPDATE MARCH 21, 2021
CAPSSION GUIDELINES | CONSUMER FIRSTWe strongly believe that all influencer activities should be transparent and put consumers first. CAPSSION expects that all users comply with the laws and regulations relating to influencer marketing. This means that all pieces of content which are being facilitated through CAPSSION should be transparent and labeled with appropriate disclosures, such as #ad.
CAPSSION GUIDELINES FOR BRANDBE OPEN: This platform is for Influencers: you may not know them, but rest assured their followers do. We believe accessing countless pockets of influence is far more meaningful than a large celebrity endorsement.BE RESPONSIVE: Respond to each request made by influencers quickly and send your offer in a timely manner, this will prevent Influencers from having a negative experience with your brand.BE BRAVE: Resist the urge to micro-manage. Everything from bad grammar to shaky footage makes up a unique dialect an Influencer has crafted with their community over hundreds (if not thousands) of posts. If you change the language, you’ll change the response.BE AWARE: Feel free to share an Influencer's post within the same social platform, however content cannot be used in any additional or other marketing material, nor should it be used outside of the original platform without getting their additional approval.BE TRANSPARENT: Be aware of the need to be transparent when engaging with influencers, and the requirement to label influencer posts with #ad.
CAPSSION GUIDELINES FOR INFLUENCERBE TRANSPARENT: Keep up to speed with the latest developments and best practices on how to label your posts in a transparent way to show that it is paid for by the brand. Don’t try to hide the fact that it is sponsored; both you and the brand will lose credibility if you do.BE MINDFUL: Only collaborate with brands that are in line with your editorial line and your community.BE GENEROUS: Publication must stay on your platform for at least 30 days.BE GENUINE: We work exclusively with Influencers who’ve organically grown their audience. If you’re misrepresenting the size of your audience or engagement in your content, we reserve the right to terminate your CAPSSION account.
- in relation to a Gifting Influencer Marketing Campaign, the Creator takes part in the Campaign; or
- in relation to other types of Influencer Marketing Campaigns, the Creator takes part in the Campaign and / or the Post is published to the Creator’s Community via his or her Channels, as selected; or
- in relation to a Content Only Campaign, the Brand approves Paid Content submitted by the Creator and acquires rights to use that Paid Content in accordance with a Rights Licence.
Terms for Creators6. Paragraphs 7 to 50 apply only to Creators participating in the Capssion Platform and, along with paragraphs 1 to 5 and 97 to 142, govern use by Creators of the Capssion Platform.
CREATOR ELIGIBILITY9. Any person over the age of 18 years, or over the age of 13 years with the written consent of a parent or legal guardian, may register a Creator Account, but in order to participate in any Campaigns and earn compensation as a Creator via the Capssion Platform, you must meet the following minimum standards:
10. If you do not meet the minimum standards in paragraph 9, you may not be able to participate in Campaigns or access the full functionality of the Apps.11. You must not misrepresent the size of your audience or your numbers of followers or level of engagement. You must have obtained your followers organically and not through unethical or unsportsmanlike behaviour such as (but not limited to) purchasing or fabricating followers, likes or engagement.
- you must be eligible to use each of the social media platforms through which you sign in to the Apps (under the relevant platform's prevailing terms and conditions);
- you must have at least 1000 followers on any of the Channels that you use to sign in to the Apps, or you must submit an application and be approved by Capssion to participate in Content Only Campaigns;
- each of those Channels must be public (viewable by anyone); and
SUBMISSION OF CONTENT FOR A CAMPAIGN12. You are responsible for reviewing all of the information about a Campaign provided in the Apps or by Capssion and for verifying the suitability for you of submitting Content to, or otherwise participating in, any Campaign.13. You acknowledge that:
- a Brand may, in its sole discretion, arrange to send you a sample product, but the Brand is under no obligation to do so even if you request it to do so unless such an arrangement is agreed and approved by Capssion upfront as part of the Campaign information;
- Capssion will not be responsible or liable in any way for late delivery or non-arrival of any products sent to you from a Brand, and you are responsible for ensuring your address for delivery is accurate; and
- if you choose to purchase a product of a Brand, there is no guarantee that you will be reimbursed by the Brand.
- you are aged over 18 years, or are aged over 13 years and have your parent or legal guardian’s consent;
- if you are aged over 18 years and the Post or Paid Content features children aged 18 years or younger, you are the parent or legal guardian of those children;
- if you are aged 13 years to 18 years, the Post or Paid Content does not feature other children aged 18 years or younger;
- the Post or Paid Content does not contain any misrepresentation or suggestion that you or any entity has the approval or sponsorship of any other entity which you or it does not have;
- any and all opinions and views stated in the Post or Paid Content are genuinely held by you;
- any and all statements in the Post or Paid Content regarding your use and experience of the Brand or the Brand’s products or services are true and correct and representative of your opinion (regardless of whether you are paid for such content or not), and fairly represent your use and experience, and you will promptly notify Capssion if your opinion of the Brand changes from that which you have expressed in the Post or Paid Content;
- the Post or Paid Content does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
- other than any Third Party Material disclosed under paragraph (j), the Post or Paid Content is original and does not contain materials that have been previously broadcast, streamed, published, posted onto any social media channel, or otherwise communicated to the public by you in any way and does not contain materials that have been used in previous marketing materials or promotions for any third party;
- the use of the Post or Paid Content and the exercise of the Intellectual Property Rights in the relevant Post or Paid Content by the Brand and Capssion will not infringe any legal rights, copyright or other Intellectual Property Rights of any person or entity nor give rise to a liability to pay compensation.
INFLUENCER MARKETING CAMPAIGNS – PUBLICATION OF POSTS21. For Sponsored Campaigns, unless otherwise specified, once a Post has been approved by Capssion or the Brand, you are required to publish the Post to your relevant Channel through the Apps in the manner required within 48 hours of the Post being approved (unless Capssion or the Brand stipulates a different timeline). For Gifting, Event and Reward Campaigns, you are not required to submit your Content for review and approval and you can publish it directly to your Channel.22. For Sponsored Campaigns, You will not have an opportunity to edit a Post after Capssion or the Brand has approved the Post. You must publish the Post exactly as approved by Capssion or the Brand, unless Capssion or the Brand expressly agrees otherwise.23. Once you publish a Post, you must reasonably engage and respond as required to comments on the relevant Channel in respect of the Post. However, it is acknowledged that it may not be possible for you to respond to every comment.24. You agree that you will not:
- for a period of five (5) hours after a Post is published to a Channel, post, share, re-tweet or re-gram any other posts or content to that Channel where the effect of publishing such additional posts or content would be to reduce the prominence of the Post;
- remove the Post from your Channel for a period of 30 days after the Post is published on that Channel, expiring at 11:59pm on the thirtieth calendar day after the Post is published;
- create any contextual or surrounding posts or other material on a Channel that in any way detracts from, dilutes the effect of, or undermines a Post; or
- grant any further rights in a Post to a Brand without the written permission of Capssion and appropriate fees being negotiated on a reasonable basis by Capssion.
- to Capssion (and its agents):
- a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable, sub-licensable licence to use the Post for the purpose of marketing and promoting Capssion (and its products and services) in any manner, without further notification to or consent of you or any further compensation payable to you;
- the right to use the Creator’s Identity and performances in the Post and to communicate the Post to the public in all languages, in all media including but not limited to all online paid media (including but not limited to digital banners), in all online owned media (including but not limited to the Website and internal communications of Capssion), in all social media (including but not limited to the social media channels of Capssion), and in any earned media or public relations activity published by a third party (including but not limited to print, digital and/or social media); and
- to the relevant Brand (and its agents):
32. You acknowledge and agree that the relevant Brand will not be required to remove from its social media channels any Post or any comment, share or re-post of a Post after the period set out in paragraph 31(b)(i) has expired.33. In respect of each Post you upload to the Apps, submit to a Brand for approval, or publish to a Channel via the Capssion Platform, you consent to the relevant Brand and its successors, licensees, and assigns, and anyone authorised by them, changing, copying, adding to, taking from, adapting, translating or publishing without attribution to you, in any manner or context, or doing any other act or omitting to do anything in respect of the Post in the course of exercising their rights under paragraph 31(b), notwithstanding that such conduct may infringe your Moral Rights in the Post, and, to the extent possible, you grant a waiver of all Moral Rights in each Post.
- the right to organically share, comment upon and organically re-post the relevant Post in the Channel upon which the Post was published, for a period of thirty (30) days expiring at 11:59pm on the thirtieth day after the Post was first published; and
- the right to use the Creator’s Identity and performances in the Post and to communicate the Post to the public in accordance with paragraph (i) above and in any earned media or public relations activity published by a third party (including but not limited to print, digital and/or social media).
CONTENT ONLY CAMPAIGNS – RIGHTS IN PAID CONTENT34. When you upload Paid Content in response to a Content Only Brief, you will be presented with Capssion’s Content Rights Terms document, which contains terms and conditions for the transfer of ownership of the Paid Content to Capssion. You must agree to the Content Rights Terms document each time you submit Paid Content.35. Under the Content Rights Terms document, you will assign all Intellectual Property Rights in Paid Content to Capssion on the terms and conditions stated in the Content Rights Terms document, and grant waivers and consents in relation to use of the Paid Content that may otherwise infringe your Moral Rights, upon payment to you of the Paid Content Fee. For the avoidance of doubt, the assignment of Intellectual Property Rights will only be effective upon your Paid Content being accepted and Capssion making payment of the Paid Content Fee. This will allow Capssion to do anything with the Paid Content, including making changes and re-assigning or licensing it to the Brand for use in the Content Only Campaign.36. You acknowledge and agree that you must not post any Paid Content to your Channels or publish it in any other way under any circumstances, including re-posting or commenting upon the Content after it has been posted or shared by Capssion or a Brand, or purport to grant any rights to that Paid Content to the Brand or any other person.
NO DISPARAGEMENT OF BRANDS37. You agree that, if you participate in a Campaign for a Brand, you will not:
on any of your Channels in a way that may adversely impact on the Campaign or on the Brand's ability to benefit from the Campaign.
- parody, disparage, make any adverse comment on or make fun of the Brand or its products or services in any way; or
- create any other material that undermines the Brand or its products or services,
CREATOR COMPENSATION38. For monetary compensation, before receiving any payments for any Posts or Paid Content, you will be asked to provide financial details, including your nominated bank account or Paypal account details, whether or not you are registered for GST, VAT or ABN number (if applicable), Employer Identification number (in the U.S.) and any further required details. You are responsible for the accuracy of your nominated bank account or Hyperwallet account details.39. It is your responsibility to notify Capssion in the event that you are registered for and liable to pay GST or VAT (as applicable), and to keep Capssion up to date with your registered GST and/or VAT details (as applicable).40. After a Post is approved and published, or Paid Content is accepted by a Brand, you will be entitled to be paid the Post Fee or Paid Content Fee (plus GST, or VAT, if applicable to you) in accordance with the following terms.41. Capssion will pay the Post Fee or Paid Content Fee (plus GST or VAT, if applicable to you) into your PayPal account (as supplied by you via the Apps in the manner required) by Electronic Funds Transfer. Capssion will issue you with a recipient generated tax invoice for this purpose.42. Subject to paragraph 46:
- the applicable Post Fee will be paid either (as applicable to you, as described below) approximately two business days or 30 days after the approved Post has been published; or
- the applicable Paid Content Fee will be paid either (as applicable to you, as described below) approximately two business days or 30 days after the Paid Content has been licensed by the Brand.
- accept, negotiate or attempt to negotiate with a Brand more than one Post per Post Fee or additional Paid Content for a Paid Content Fee, except with the approval of Capssion; or
- otherwise circumvent, or negotiate or attempt to negotiate, terms or payment with Brands in relation to a Campaign.
Terms for Brands51. Paragraphs 52 to 95 apply only to Brands participating in the Capssion Platform and, along with paragraphs 1 to 5 and 97 to 142, govern use by Brands of the Capssion Platform.
GENERAL CONDUCT BY BRANDS55. You must use the Capssion Platform in a fair and reasonable way and for its intended purposes, and treat Creators in a fair and reasonable manner.
63. You warrant that:
- neither any Creator nor Capssion is required to purchase any of your products or services;
- Capssion will not be responsible or liable in any way for late delivery or non-arrival of any products sent from you to a Creator. Any address provided by a Creator through the Capssion Platform is not verified by Capssion; and
- if you send a sample product to a Creator, there is no guarantee that the Creator will submit a Post about the product or that any post submitted will be positive. All product reviews must reflect the Creator’s genuinely held beliefs.
- any Content you upload to the Capssion Platform does not contain any representations or material that you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive.
- where you have paid a Campaign Invoice and there is sufficient Credit to cover the applicable charges (which include the applicable Brand Fee or Rights Fee and any additional amount payable under paragraph 58), you have sufficient authority to authorise Capssion to apply that Credit to the applicable charge; or
- where paragraph (a) does not apply, you are an authorised user of the card or account (as applicable) nominated on your Brand Account, you are authorised to pay the applicable charges (which include the applicable Brand Fee or Rights Fee and any additional amount payable under paragraph 58), the card details provided are current, correct and complete, and your nominated card or account (as applicable) will cover the full amount of the charges. You must not pay, or attempt to pay, any charges through any fraudulent or unlawful means.
PAYMENT TERMS FOR CREATORS86. Capssion will make payment of the Post Fee or Paid Content Fee to the Creator in accordance with the timing specified in paragraph 42.
RELATIONSHIP WITH SOCIAL MEDIA PLATFORMS104. When you link to any social media account through your Account on the Capssion Platform, you warrant, represent and covenant that:
105. In creating an Account, you are providing your information to Capssion and not to any social media platform. Whether you are a Creator or a Brand, you are solely responsible and liable for any Content or information you transmit to other users of the Capssion Platform. To the extent permitted by Law, you agree to indemnify, defend and forever hold harmless, all social media platforms and their associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred in respect of your use of the Capssion Platform. Any questions, comments or complaints about the Capssion Platform must be directed to Capssion and not to any media or social media platforms. For the purposes of this paragraph 105, Capssion contracts on its own behalf and also on behalf of the social media platforms and, accordingly, may take action in that capacity to recover on behalf of the social media platforms where acts or omissions cause loss or damage to such social media platforms (regardless of whether or not Capssion has suffered its own loss or damage).106. The Capssion Platform may also utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram). Your use of any social media platforms is subject to the particular social media platform's prevailing terms and conditions of use. By using any social media applications or features on the Capssion Platform, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You also acknowledge and consent to the Capssion Platform accessing information you may have shared with the particular social media platform and contacting you via the social media platform or via the information you have shared (for example, sending an email directly to you to the email address provided to the social media platform), in accordance with the permissions you have granted via the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications or features on the Capssion Platform. The Capssion Platform is in no way sponsored, endorsed or administered by, or associated with, any social media platform.
- the social media account is the account of the Creator or Brand in whose name the Account has been registered;
- if the Account is in the name of a Brand, you are the authorised representative of the Brand with the right to access and use that social media account for the Brand; and
- if the Account is in the name of a Creator and you are not the Creator, you are the authorised representative of the Creator and have the right to access and use that social media account for the Creator.
- is illegal or contrary to any laws, applicable industry code or the requirements or directions or relevant regulators;
- is copied or adapted either wholly or substantially from any other work or material;
- is indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, offensive or objectionable or contains, depicts or alludes to or promotes aggressive, unruly, antisocial, lewd or illegal behaviour or sexually suggestive imagery;
- parodies, disparages or makes fun of Capssion or its products of services in any way;
- solicits passwords or personal information for commercial or unlawful purposes or provides any telephone numbers, street addresses, last names, URLs or email addresses (except to the extent required as part of a Campaign);
- promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated materials;
- involves the transmission of junk mail, chain letters, unsolicited mass mailing or spam;
- infringes the privacy rights, contract rights or other rights (including Intellectual Property Rights) of any person, corporation or entity;
- constitutes, encourages or provides instructions for any criminal offence or otherwise violates any Laws including, without limitation, the regulations of any stock or securities exchange such as the New York Stock Exchange; or
- contains any viruses, corrupted data or other harmful or malicious code of files.
112. You must not engage in crawling, scraping, caching or otherwise accessing any content on the Capssion Platform via automated means, except with Capssion’s written consent.113. Capssion reserves the right to monitor the Capssion Platform generally and all Account activity. If your Account shows signs of fraud, abuse or suspicious activity, Capssion may close or freeze the Account immediately.114. The Capssion Platform may contain links to other sites not maintained by Capssion (“Linked Sites”). Capssion is not responsible for the content of any Linked Sites, whether or not Capssion is affiliated with the Linked Sites. Capssion makes no claim or representation regarding, and accepts no responsibility, directly or indirectly, for the quality, nature or reliability of Linked Sites. Such Linked Sites are not under the control of Capssion and Capssion provides links to the Linked Sites only as a convenience to users of the Capssion Platform. The inclusion of a link to any Linked Site does not imply any affiliation with or endorsement by Capssion. You should review and applicable terms and policies (including privacy policies) of any Linked Site you visit.115. Any costs associated with downloading, installing, accessing and using the Capssion Platform remain your responsibility and are dependent on the service provider used.116. You are responsible for ensuring that your computer system or mobile device (as applicable) is, and other information technology hardware, software and services are, compatible with the Capssion Platform and meets all relevant technical specifications necessary to access and use the Capssion Platform.117. If you are the driver of a vehicle (or other form of transport), you must not use the Capssion Platform while the vehicle (or other form of transport) is moving or is stationary but not lawfully parked. You may only use the Capssion Platform when the vehicle is lawfully parked. You must comply with all applicable road rules and regulations before and while using the Capssion Platform. In the interests of safety at all other times, Capssion recommends that you only use the Capssion Platform when it is lawful and safe to do so.
- decompile, reverse engineer, disassemble, convert or authorize any third party to decompile, reverse engineer, disassemble or otherwise convert any element of the Capssion Platform to a human perceivable form;
- distribute or republish any element of the Capssion Platform in any way;
- resell, rent, lease, licence or lend any element of the Capssion Platform;
- defeat, disable or circumvent any security feature of the Capssion Platform;
- transfer any element of the Capssion Platform to any third party;
- use any data mining, robots or similar data gather or extraction methods;
- register, subscribe or unsubscribe, or attempt to subscribe or unsubscribe, any party to any product or service if you are not expressly authorised by such party to do so; or
- sell, licence, lease or in any way seek to commercialise any component of the Capssion Platform without specific written authorisation from Capssion.
COPYRIGHT INFRINGEMENT POLICY & COMPLAINTS120. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Capssion has adopted a policy of terminating, where appropriate and at Capssion’s discretion, access to the Capssion Platform for account holders who infringe the intellectual property rights of Capssion or any third party.121. If you believe that any material on the Capssion Platform infringes upon any copyright that you own or control, you can contact us at firstname.lastname@example.org.
INDEMNIFICATION124. You agree to indemnify, and must defend and hold harmless, Capssion and its related bodies corporate, personnel, servants and agents, from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in any way connected with any of the following (including as a result of your direct activities on the Capssion Platform):
- your Content or access to the Capssion Platform;
- your use or inability to use the Capssion Platform;
- (where you are a Creator) your claim against a Brand for any reason;
- (where you are a Brand) your claim against a Creator for any reason;
- any claim or allegation that your Content infringes a third party’s rights, including Intellectual Property Rights;
- your violation of any applicable Laws; and
- any misrepresentation made by you.
CONTACT AND HELP DETAILS141. You may contact Capssion via:Email: email@example.com