Influencer/Shopper Terms of Service

Last updated: 22 February 2021

Effective date: 22 February 2021

Acorn Links (“us”, “we”, or “our” or “Service Provider”) operates the Acorn Links application (the “Service” as described below).

These Terms of Service govern your use of Acorn Links. By connecting your Instagram account or interacting with the site, you are agreeing to abide by our Terms of Service. This Terms of Service is the legal agreement that governs our relationship.

ARBITRATION NOTICE: YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE RESOLVED SOLELY BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. NOTE THAT SOME EXCEPTIONS APPLY TO THIS ARBITRATION RULE—THEY ARE DISCUSSED BELOW.

We agree to provide you with access to Services (as defined in this section) but only on the terms stated in this Terms of Service. The Services are generally described as:

A platform that allows BRANDS (merchants selling products) to give promotions and discounts to consumers that use social media (“Shoppers” or “Influencers”) in exchange for social media content or promoting Brands and their products.

In these Terms of Service, the words Shopper and Influencer are used interchangeably and have the same meaning. You (the counterparty) are the Shopper or Influencer.

You agree that we can always review, analyze and perform research on data you provide to us via Facebook, Instagram, or any other means to help make our system better. We may share this information with collaborative partners outside of Service Provider who help us look at and interpret our data.

You agree that you are:

  • At least 18 years old.

  • Allowed to access and use Service under any law applicable to you (national, federal, international, local and all other laws)

  • Not a convicted sex offender or otherwise specifically prohibited from participating in social media under any court order or similar rule, law or order

  • Who you say you are and you won’t impersonate anyone else or appropriate his/her/their identity

  • Not prohibited from using Service because you have been previously barred by us, any Brand, Instagram or any of our collaborative partners

Entering into a relationship with a merchant or brand might affect the weight or credibility of any endorsement that you may provide — and if you are in such a relationship, you will clearly and conspicuously disclose that relationship, unless it is already clear from the context of your endorsement.

You agree you won’t:

  • Violate (or assist, ask or encourage others to violate) the Terms of Service, Data Policy or any other of our policies

  • Disrupt or attempt to disrupt our services

  • Collect or attempt to collect data for private or commercial use from Service other than as intended by us

  • Buy, sell, transfer or attempt to buy, sell or transfer any aspect of your use of Service

  • Post any material that you don’t own or have the rights to use or is that personal, private or confidential about someone else without his/her/their express written permission

  • Use anyone else’s property—including intellectual property—without his/her/their express written permission

  • Use Brand identifiers, names, or other protected Brand property except as strictly in accordance with Brand requirements

  • Mock, satirize or otherwise take or attempt to take any action that would or could reasonably be expected to harm any Brand or any product or service offered by a Brand

  • Use a domain name or URL in your username without our prior written consent

You grant to us:

A perpetual, worldwide, non-exclusive, unrestricted, irrevocable, royalty-free license to use, post, print, publish, sell, copy, distribute, edit, make derivative works, and license others (including, but not limited to, customers and affiliated companies and collaborative partners) to use your content in any form or media, whether now existing or developed in the future, in any language; you can terminate this right by not sharing new information with us but even if you stop sharing, we will hold this right to any content you have already posted

A fee-free right to assign all rights under this agreement to any third party, including without limitation any third party to whom we might sell or part of our business

The right to authorize third parties (including affiliated companies and collaborative partners, merchants and brands) to include your content in any form or media, whether now existing or developed in the future, to which Service Provider ordinarily distributes or makes available the contents of its postings or publications, including, but not limited to, other websites, archives, databases, or other data storage companies, whether or not the content may be individually accessed, perceived or retrieved from such form or media and also agree that you grant such party the same rights, on a co-equal basis with Service Provider, that you have granted to Service Provider hereunder

Permission (including to affiliated companies and collaborative partners, merchants and brands) to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content and all other information you post in any way that helps us to sustain the Service.

Permission to download and install updates to the Service on your device

Service Provider additional rights:

We reserve the right to at all times take steps to operate our app in a manner consistent with our interests and the interests of our collaborative partners. This means that among other things we may:

Change any user name or accountant identifier you choose if we believe it is appropriate or necessary

Remove any content without prior notice if we deem it to be necessary, including without limitation if we are concerned about ownership infringement, release of personal information or for any other reason

Terminate, restrict or limit access based on our determination that an Influencer is not using our site or app in accordance with our general community standards or if we believe we are required to do so under applicable law

Implement any rule required by law or third-party regarding usage of music, copyrighted material or as we deem appropriate

Disagreements

You and we agree that any claim of any kind (cause of action, legal claim, or dispute) between you and us arising out of or related to your use of the Service or these Terms or otherwise (collectively “claim(s)”) must be resolved only by binding arbitration on an individual basis, except as otherwise noted below:

Class actions and class arbitrations are not permitted

You may only bring a claim on your own behalf—you may not represent others or seek relief for others

The judgment on any arbitrated claim may be entered into a court of competent jurisdiction

The rules of the American Arbitration Association will dictate in any arbitration

For yourself and for us and our assignees, we expressly waive a trial by jury

You may opt out of these arbitration requirements by sending a clear statement that includes your name and all contact information that you are opting out to arbitrationoptout@acornlinks.com

Prior to the commencement of any arbitration, written notice must be provided to Service Provider at arbitration@acornlinks.com; If we are unable to resolve a dispute within thirty (30) days after the notice of dispute is received, you or we may commence arbitration

Each party will be responsible for his/her/their/its own costs in administration; provided, however, that, notwithstanding the foregoing, costs and fees of arbitration shall be allocated in accordance with the arbitration provider’s rules regarding frivolous or improper claims

The laws of England, United Kingdom will govern these Terms of Service and any claim, without regard to conflict of law provisions; venue for any action on any claim, including any arbitration, shall be in London, UK.

If any aspect of this agreement is unenforceable, the rest will remain in effect

If we fail to enforce any aspect of this agreement, it will not be a waiver.

We reserve all rights not expressly granted to you.

You agree, acknowledge and understand that your use of Service constitutes your agreement to grant all of the rights (and limitations on your rights) outlined above to our partners and affiliates, including without limitation our merchants and brands.

Service Is What It Is

Service is provided “as is,” and we can’t guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT

Service Provider doesn’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content)

Service Provider isn’t responsible for services and features offered by other people or companies, even if you access them through us

Our aggregate liability arising out of or relating to any claim shall not exceed the greater of $100 or the amount you have paid us in the twelve months preceding the acts or omissions giving rise to a claim

You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with these Terms of Service or use of Service

You will cooperate as required by us in the defense of any claim.

Service Provider reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent

Right to Amend or Update

We reserve the right to unilaterally change the Terms of Service or any policy

We will provide notice of any such change—your continued use of Service after notice of such change will be deemed to be your acceptance of such change

If you do not want to agree to these or any updated Terms of Service, you can disconnect your Instagram and or send us an email at disconnect@acornlinks.com