Terms & Conditions
The following information is provided pursuant to the duty of information stipulated in Article 10 of Act 34/2002 of 11 July on E-Commerce and Information Society Services:
The website www.SocialPubli.com is owned by the trading company Internet República S.L., with registered offices in Madrid at calle Alcalá, 44 – 6th floor A, PO Box 28014. The company was incorporated for an indefinite period by means of a public deed drawn up before the notary public of Madrid Mr. Santiago Mora Velarde on 11 November 2011, and is entered in the Mercantile Register of Madrid at Volume 29435, Folio 178, Section 8, Sheet m-529834, Entry 1; the tax ID number of the company is B86340262. Contact e-mail address: email@example.com
These Terms and Conditions of the SocialPubli Advertising Program (the “Terms”) regulate the relationship between the legal entity or individual that accepts electronically these Terms or any other document that makes reference to the Terms (hereinafter, the “User”) and Internet República S.L. (hereinafter referred to as “SocialPubli”). The User expressly agrees to be bound by these Terms and by all such documents as may be accessory and/or related to same, and by any modifications made hereto and conveniently notified. Should the User be a legal entity, the individual who signs the Terms on behalf of the User declares him/herself to be an authorized legal representative of the Contracting Party duly empowered to bind his/her represented party. SocialPubli and the User hereby agree and acknowledge the following terms:
2. TERMS AND CONDITIONS OF USE
SocialPubli is an advertising tool that puts Users with accounts on a social network,
including but not limited to Twitter, Instagram, Facebook, YouTube, Blogs and LinkedIn
(hereinafter referred to as influencers), in touch with brands and companies
(hereinafter referred to as advertisers), to develop advertising campaigns via sponsored mentions.
Access to SocialPubli.com is free of charge, not counting any cost entailed by the connection via the communications network supplied by the corresponding access service provider, which connection must be contracted by the User on his/her own account and at his/her own risk.
All those who use SocialPubli.com acquire the status of Users, which entails acceptance of all the points included in these Terms and Conditions. Users are advised to read these Terms and Conditions carefully each time they access SocialPubli.com, as the website and these Terms and Conditions may undergo modifications. The acceptance of any changes is understood as soon as the user gains access to the website.
SocialPubli reserves itself the right to modify or update the contents and services offered by SocialPubli.com, the Terms and Conditions and, in general, of any part of the design and configuration of SocialPubli.com at any time. Changes will be duly notified.
2.2 Registration Requirement
In general, Users will be required to register in order to access the services and contents provided by SocialPubli.com.
All data provided by Users must be accurate, truthful, and up-to-date. Each registered User is responsible for safeguarding his/her password at all times, and is liable for any harm that may arise from improper use thereof, or from the disclosure, transfer or loss thereof. For these purposes, access to restricted areas and/or use of services and contents made via the password of a registered User will be considered to have been made by that registered User, who will in any event be responsible for such access and use.
2.3 Advertisers and Advertising Agencies
Advertisers may contract advertising campaigns comprising sponsored mentions on SocialPubli.com, either directly or via an Advertising Agency.
2.4 Influencers and Account Managers
Influencers will register on SocialPubli.com with their social media accounts or via an Account Manager that legally represents them. Influencers are free to define their own profiles and the types of advertisers or brands for which they wish to engage in advertising by selecting the relevant categories.
The price applied at any given time by SocialPubli.com per sponsored mention for each account of each influencer is calculated by an algorithm that takes into account the level of recognition and renown of each influencer, based on various parameters (number of followers, frequency of mentions, activity level of followers, favourites, etc.).
The payment to influencers for each advertising campaign will take place after the sponsored mention is carried out in accordance with the requirements of the platform.
Advertisers will have to pay for all the advertising campaigns at the beginning of each campaign, thus before the sponsored mentions are carried out.
2.6 Payment Method
SocialPubli will issue monthly settlements that include all revenues received and the percentage corresponding to the influencers or, where applicable, Account Managers.
Payments will be made by bank transfer (only in Spain) and PayPal. To that end, influencers, or Account Managers, must provide SocialPubli with details of an active bank account.
Taxes and fees will be payable as provided for in the current legislation, and Advertisers and influencers (or whosoever may be duly authorized to manage their accounts on their behalf) will be responsible for fulfilling all relevant labour-related, civil, mercantile, fiscal, and social security payment obligations regarding their own personnel assigned to their activities.
2.7 Duties of Advertisers and Influencers
Influencers (or whosoever may be duly authorized to manage their accounts on their behalf) may decline to include advertising from an advertiser in particular, a service or a product proposed by the advertiser or SocialPubli without thereby incurring in any breach of this agreement.
Similarly, the wording of sponsored mentions will be proposed by the advertisers, and influencers (or whosoever may be duly authorized to manage their accounts on their behalf) must give their express consent or indicate their refusal prior to the publication on their Twitter or other social network accounts.
Advertisers and influencers (or whosoever may be duly authorized to manage their accounts on their behalf) will hold sole liability for the content of the texts published, and they undertake that those texts will not include content that infringes the rights of third parties or is in breach of the law, public order or morality, and that the advertising campaigns comply with the regulations governing advertising, e-commerce, information society services, consumers and users, competition rights, and any other applicable regulation. In no case may SocialPubli be held liable for this. In case that a third party informs SocialPubli that a published content does not comply with the expressed above, SocialPubli will hold back the contents and will notify the advertiser or influencer responsible for the publication.
2.8 Independent, Exclusive Control Panel
The influencer accounts will be available from the General Panel of SocialPubli.com. Therefore, any advertiser or brand may suggest advertising campaigns to the aforementioned accounts in compliance with the present Terms and Conditions.
2.9 Rules for the Use of SocialPubli.com
Users undertake to use SocialPubli.com and all the contents and services thereon in accordance with the provisions of law, public order, morality and the rules laid down in these Terms and Conditions. They also undertake to make proper use of the services and/or contents of SocialPubli.com and not to employ the same for the purposes of unlawful or criminal activities, activities that infringe the rights of third parties, activities in breach of the regulations governing intellectual and industrial property, or of any other applicable regulations or provisions of law.
Users undertake not to transmit, introduce, disseminate or make available to third parties any material or information (data, contents, messages, illustrations, audio or video files, photographs, software, etc.) that may be against the law, against public order and morality or against these Terms and Conditions.
Users undertake to hold SocialPubli harmless in any claims, fines, penalties or sanctions that may be imposed on them as a result of them failing to comply with any of the aforesaid rules and regulations on use. Moreover, SocialPubli reserves itself the right to claim compensation for damages as relevant.
2.10 No Liability
SocialPubli assumes no liability in regard to the updating of SocialPubli.com to keep information up-to-date, and does not guarantee the accuracy or completeness of the information published. Therefore, users should confirm that the information published is accurate and complete before making any decision concerning any service or contents described in SocialPubli.com.
The fact that Users access SocialPubli.com does not entail any obligation on the part of SocialPubli to ensure the absence of computer viruses, worms or any other harmful software element. Responsibility for having suitable tools to detect and disinfect harmful computer programs lies, in any event, on the User.
SocialPubli assumes no liability for any damage to software or hardware owned by Users or third parties during the use of the services offered on SocialPubli.com.
SocialPubli assumes no liability for any damage whatsoever caused to Users as a result of dropouts or connection breakdowns in the communication networks that result in the suspension, cancellation or interruption of the services on SocialPubli.com during or prior to the provision of services thereon.
2.11 Contents and Services Linked Via the Website
The SocialPubli.com access service includes technical features such as links, directories, and search facilities that enable Users to access other websites and Internet portals (hereinafter called “Linked Sites”). In no case should the existence of Linked Sites be taken as assuming any formalization of agreements with the owners or holders of those sites, nor any recommendation or promotion thereof or any identification of SocialPubli with statements, contents or the services available thereon. Such third-party services and/or features are neither owned by nor under the control of SocialPubli.
SocialPubli has no knowledge of the contents and services of Linked Sites and therefore accepts no liability for any damage caused by the illegality, poor quality, obsolescence, nonavailability, errors or a lack of usefulness of such sites, nor indeed any other damage not directly attributable to SocialPubli.
SocialPubli has no knowledge of the contents and services of the Linked Sites and therefore accepts no liability for any damage caused by the illegality, poor quality, obsolescence, non-availability, errors or a lack of usefulness of such sites, nor indeed any other damage not directly attributable to SocialPubli.
2.12 Intellectual and Industrial Property
All the content on SocialPubli.com, including but not limited to texts, photographs, graphics, images, icons, technology, software, links, and other audio-visual or audio content, along with the graphic design and source codes thereof, are part of the intellectual property of SocialPubli or third parties, and no rights of exploitation in regard thereto as recognized under the current regulations governing intellectual property may be understood as being transferred to Users.
The brands, trade names, and distinctive signs that appear on the SocialPubli.com website are owned by SocialPubli or by third parties, and access to SocialPubli.com may not be considered as granting any right in regard thereto. SocialPubli is not liable for any unlawful use by third parties of any brands, trade names, product names, and distinctive signs not owned by SocialPubli that may appear on SocialPubli.com.
2.13 Nullity and Ineffectiveness of the Clauses
Should any of the clauses included in these Terms and Conditions be declared fully or partially null or ineffective, that nullity or ineffectiveness shall extend solely to the provision concerned or to the part thereof that is null or ineffective. The remaining Terms and Conditions shall remain in force, with the provision in question being considered as fully or partially deleted.
2.14 Applicable Legislation and Jurisdiction
These Terms and Conditions shall be governed and construed according to Madrid legislation. SocialPubli and the User agree to submit any dispute that may arise concerning the provision of the services covered by these Terms and Conditions to the courts of the state of Madrid (ES).
2.15 Grounds for Deleting Accounts
SocialPubli reserves itself the right to delete from the platform any account that promotes contents which are illegal, sexual, racist or may in any way affect a specific sector of the population, and accounts that attempt to misuse the platform.
2.16 Misuse of the Platform
“Misuse of the platform” means any action taken in an attempt to obtain greater profit, such as requesting clicks on sponsored links, the use of bots, any alteration of the original message published on the platform, clicks on one’s own account, pasting links on sites other than Twitter, Instagram, Facebook, YouTube, Blogs and LinkedIn or any other action that the administrators of the platform may consider as misuse on the part of the User. SocialPubli also reserves itself the right to refuse a requested payment and to delete User accounts without prior notice should Users misuse the platform.
3. PAYMENT POLICY
3.1 Collection process and requirements
SocialPubli's system will check that the publications are not deleted from the user's Twitter, Instagram, Facebook, YouTube or LinkedIn account, nor from the blog. If it's deleted, the amount earned will be taken off the balance of the user leaving him/her with no right to request it again.
To request the balance on their Socialpubli's account, the user will have to reach a minimum of $50 (fifty dollars) to cash it in payment via PayPal or bank transfer (only in Spain). If the user doesn't reach these minimums, he/she will not be able to request their earnings from the platform until they do.
All collections of earnings from the publication of sponsored mentions will be subject to such fees as PayPal or the bank may apply thereto; total earnings may therefore vary at the time of withdrawal.
All funds that are charged to the Marketer’s account are non-refundable, , the balance will remain on the Marketer’s account and may be used for other services and campaigns in the future. In the event Marketer’s payment method cannot be charged, Marketer accounts will be locked until an alternative or updated method of payment is provided.
If Marketer fails to make payment as set forth herein, Marketer will be responsible for all reasonable expenses (including attorneys’ fees and costs) incurred by SocialPubli in collecting such amounts. All prices are in United States dollars and do not include taxes that may be assessed by any jurisdiction. If withholding taxes or any other fees are imposed by any jurisdiction on the transactions pursuant to these Terms, Marketer shall pay such taxes to ensure that SocialPubli receives the full amount invoiced without offset or deduction. Marketer agrees to promptly: (i) update all information to keep account and credit card billing current, complete and accurate (such as a change in billing address or e-mail), (ii) notify SocialPubli in writing if it becomes aware of a potential breach of security, such as the unauthorized disclosure or use of Marketer’s user name or password, and (iii) notify SocialPubli in writing if its credit card is canceled. Upon termination, suspension or discontinuation of the Marketplace or Marketer’s participation therein, all outstanding payment obligations incurred by Marketer under the Marketplace will become immediately due and payable.
Once funds are deposited into the Marketer’s account, they may be used at the Marketer’s discretion, to purchase Marketplace Services or pay for agreed upon fees. Marketer will be responsible for charges resulting from the use of Marketplace Services and any applicable service fees will be automatically withdrawn.
Marketer represents and warrants that it has the legal right to use any credit card utilized in connection with any transaction. By submitting such information, Marketers grants SocialPubli the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by the Marketer. If the credit card provided was not authorized, then all amounts in the Marketer’s account will immediately be forfeited. Marketer’s non-termination or continued use of the Marketplace reaffirms that SocialPubli is authorized to charge Marketer’s credit card.
SocialPubli reserves the right to modify, suspend or terminate the required method of payment for use of the Marketplace at any time, although any pending Opportunities will be completed using the method current when the Opportunity was listed. If SocialPubli modifies the terms of the method of payment as outlined in this Section 3.2, the Marketer will be contacted by SocialPubli or the modifications will be reflected in an updated version of these Terms. If a user does not consent to such modified Terms, such user must immediately discontinue using the Marketplace. A user’s continued enrollment after any modifications constitutes its acceptance of the terms and method of payment as modified.
Unless Marketer or SocialPubli discontinues enrollment or participation in the Marketplace Services, Marketer understands that this pre-authorization is valid until the termination of these Terms or the applicable Master Services Agreement with SocialPubli. For your future reference, you agree to retain, either by printing or otherwise saving, a copy of these Terms, which provides the terms of your pre-authorization.
4. SOCIALPUBLI ADVERTISING RULES
4.1 Advertising philosophy
At SocialPubli we believe that sponsored mentions should contribute to and should be consistent with the general experience of Users. The best sponsored mentions are those that are tailored to persons in line with the way they, their friends, and their followers interact with the brands, performers, and firms that interest them. These guidelines are not intended to serve as legal advice, and adherence to them does not necessarily assure compliance with the law. Advertisers are responsible for ensuring that their sponsored mentions comply with all applicable laws, statutes and regulations concerned with advertising actions.
4.2 General provisions
· a) Our advertising regulations consist of criteria for the contents of advertising, community standards, and other applicable requirements.
· c) Sponsored mentions must comply with all policies of SocialPubli at all times.
· d) Sponsored mentions must not contain statements which are false, misleading or fraudulent in their contents.
4.3 Creativity and positioning
All the components of a sponsored mention, including any text, images or other media, must be relevant to and appropriate for the product or service offered and the audience at which the advertisement is targeted. Sponsored mentions may not contain flash animation or audio that plays automatically without the intervention of the User. Sponsored mentions must not seek to position products or services in a sexually suggestive fashion. Advertisements must not include contents that exploit "hot button topics" or political agendas for commercial purposes. Moreover, the wording of advertisements must include correct grammar, and the use of all symbols, numbers and letters must be in accordance with their true meanings.
Sponsored mentions must clearly represent the firm, product, service or brand that is being advertised. The products and services sponsored in the text of the mention must be clearly indicated on the landing page, and the destination site shall not offer prohibited products or services. Moreover, sponsored mentions may not falsely relate to generic offers.
4.5 Destination sites
Advertisements must lead to a working site that does not interfere with the ability of users to navigate away from the site.
Sponsored mentions must always apply appropriate targeting and must never use targeting criteria to provoke users. Advertisements for regulated goods and services (e.g. alcohol and gambling) must comply with all relevant legislation, regulations, and industry codes.
4.7 Contents of advertisements
Advertisers must ensure that their sponsored mentions comply with all relevant legislation, regulations, and guidelines of the country where the advertisements are targeted to. In any case, advertisers must abide by the rules and legislation applicable within the State and in accordance with the present general terms. All claims made in advertisements must be duly substantiated. Sponsored mentions must not be offensive to users. Sponsored mentions must not be false or misleading and must not contain spam. Sponsored mentions must not contain or promote products or services that are illegal. Sponsored mentions must not infringe third party rights. The following specific guidelines on content apply:
a) Products for adults
Sponsored mentions may not promote the sale or use of products or services for adults, including but not limited to toys, videos, publications, live entertainment shows, and sexual enhancement products. Advertisements for family planning and contraceptive methods are permitted provided that the proper targeting requirements are met.
Sponsored mentions that promote or make reference to alcohol are not permitted in the following countries: Afghanistan, Brunei, Bangladesh, Egypt, Gambia, Kuwait, Libya, the Netherlands, Pakistan, Russia, Saudi Arabia, the United Arab Emirates, and Yemen, or in any other jurisdiction where such advertisements are prohibited by law. When permitted, sponsored mentions that promote alcohol must comply with all local laws, requirements, and industry-recommended codes, guidelines, licenses, approvals, and permits. If a User’s age or country cannot be determined, the advertisement must not be displayed to that User.
Sponsored mentions referring to adult friend-finding or dating sites with a sexual emphasis are not permitted.
d) Drugs and tobacco
Advertisements may not promote or facilitate the sale or consumption of illegal or recreational drugs, tobacco products or paraphernalia for drug and tobacco use.
e) Betting and lotteries
Sponsored mentions that promote or facilitate online gambling, games of skill or lotteries, including online casinos, sports betting, bingo and poker are permitted only in specific countries and with the prior authorization of SocialPubli. Lotteries run by government bodies may advertise on SocialPubli, provided that the sponsored mentions are in compliance with the legislation applicable in the jurisdiction where the advertisements are posted, and provided that they are targeted only at users in the jurisdiction where those lotteries are available. Sponsored mentions that promote offline gambling establishments such as offline casinos in accordance with applicable laws and regulations are permitted in general, provided that the advertisements are targeted appropriately.
f) Pharmaceuticals and diet supplements
Advertisements must not promote the sale of prescription pharmaceuticals. Advertisements from online pharmacies are prohibited unless SocialPubli reviews and approves them in advance. Sponsored mentions that promote herbal-based dietary supplements are in general permitted; however, those which promote products containing anabolic steroids, chitosan, comfrey, dehydroepiandrosterone, ephedra, human growth hormones, melatonin, and any other products considered unsafe are prohibited.
Sponsored mentions may not contain or link directly or indirectly to websites that contain spyware/malware or downloads of any software that give s rise to unexpected, misleading or unfair experiences for Users, including but not limited to software that:
o i. infiltrates the system of the user;
o ii. carries out actions hidden from the user;
o iii. may alter, damage, disable or change hardware or software installed on the computer of a user without the express permission of that user;
o iv. is bundled as a hidden component in other free or paid software;
o v. automatically downloads programs without the express prior authorization of SocialPubli;
o vi. displays download dialog boxes with no action on the part of the user;
o vii. may breach or infringe the intellectual property rights of a third party, including copyright, registered trademarks, patents, and other proprietary rights.
4.8 Subscription services
Sponsored mentions that promote subscriber services or products and services that include negative options, automatic renewal, mobile marketing, and billing conversion products are subject to the following requirements:
· i. The wording of the sponsored mention must disclose and clearly emphasize the recurrent billing component (e.g. "subscription required").
· ii. The landing page must:
o a. show the price and invoicing interval on the page where users are prompted to enter personal identification details;
o b. include an opt-in checkbox; and
o c. include wording informing about how to cancel subscription or membership.
· iii. Each of the above must be located on a prominent place on the landing page, and it must be easy to find, read, and understand.
4.9 Unacceptable Business Model
Sponsored mentions may not promote a business model or practice that SocialPubli considers unacceptable or contrary to the overall advertising philosophy of SocialPubli or to any applicable law, including but not limited to multilevel marketing plans.
4.10 Weapons and Explosives
Las Sponsored mentions may not promote the sale or use of weapons, ammunition or explosives
4.11 Community standards
Sponsored mentions that receive a large amount of negative feedback from users or are deemed to be in breach of our community standards are prohibited and may be deleted. In all cases, SocialPubli reserves itself the right to determine at its own discretion whether any specific content is in breach of community standards.
4.12 Illegal activities
Advertisements may not constitute, facilitate or promote any illegal activity.
Los Advertisements may not insult, attack, harass, intimidate, threaten, demean or impersonate others.
4.14 Hate speech
Sponsored mentions may not contain "hate speech" directed at any individual or group, based on membership of any group in particular, including but not limited to race, sex, creed, national origin, religion, marital status, sexual orientation, gender identity, or language.
Sponsored mentions targeted at minors may not promote products or services that may not be legally used by minors in their jurisdiction, or that are considered unsafe or inappropriate.
4.16 Sex / Nudity
Sponsored mentions may not refer to adult content, including nudity, depictions of persons in explicit or suggestive positions or activities that are excessively suggestive or sexually provocative.
4.17 Shock Value
Sponsored mentions may not allude to excessive violence.
4.18 Rights of others
Sponsored mentions may not include content that infringes or breaches the rights of any third party, including copyright, privacy, advertising, and other personal or proprietary rights.
4.19 Advertising standards and criteria of SocialPubli
SocialPubli reserves itself the right to reject, approve or remove any sponsored mention for any reason, at its own sole discretion, including advertisements that negatively affect the relationship with users or that promote content, services or activities that are contrary to the competitive position, best interests or advertising philosophy of the company. These guidelines are subject to change at any time.
5. BUSINESS RELATIONSHIP AND TAXATION OF REVENUES RECEIVED
5.1 Sales Commission Agreement
Users who receive revenues from the collection of any amount via the www.SocialPubli.com website agree that they will thenceforth be subject to a sales commission agreement with Internet República S.L. on the following terms:
· Internet República S.L. will make payments due to Users who post sponsored mentions by means of the online transfer system known as PayPal, via an account in the name of Internet República S.L or by bank transfer (the latter is only available in Spain). To that end, Users must provide SocialPubli with details of the PayPal account into which they wish the revenues from their activities on the website to be paid. In the case of bank transfers, the User will provide the details of an active bank account where they wish to receive payments for their activity on the website.
· Users must provide all the information required in the registration fields on the website, including name, age, gender, country, state.
· All tax liabilities arising from the revenues received for posting sponsored mentions will be exclusively attributable to the User at all times.
· Internet República S.L. may not be held liable for any incorrect data or omissions in the details provided by Users in the registration section and/or in regard to their PayPal accounts.
· No employment relationship of any kind may be construed to exist at any time between Internet República S.L. and Users, so Internet República S.L. is in no way liable for any fiscal obligation of Users arising from any revenues received from the posting of sponsored mentions.
6. PRIVACY NOTICE