Terms & Conditions
1. LEGAL NOTICE
In accordance with the duty to provide information contained in Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the following details are expressed below:
The www.SocialPubli.com site is owned by the commercial entity ‘SOCIALPUBLI S.L.’ with its registered office in Madrid, 44 Alcala Street, - 6th floor A, 28014, incorporated for an indefinite term by means of a public deed granted before the Notary of Madrid, Benito Martín Ortega, dated September 25, 2018, registered in the Company Registry of Madrid, Volume 38248, Folio 91, Page m-680568, 1st Registration and with Tax Identification Code (CIF): B88199377. Contact email address: email@example.com
These Terms and Conditions of the SOCIALPUBLI Advertising Program ("Terms") govern the relationship between the natural or legal person who electronically accepts these Terms or any other document referring to them (hereinafter "User") and SOCIALPUBLI S.L. (hereinafter "SOCIALPUBLI").
The User expressly agrees to be bound by these Terms and by all its accessory and/or related documents, as well as the modifications that may occur which will be duly notified. In case the User is a legal person, the natural person signing these Terms on behalf of the User declares to be a legally authorized representative of the User with enough legal capacity to bind the represented party.
SOCIALPUBLI and the User hereby acknowledge and agree to the following terms:
SOCIALPUBLI is an advertising tool enabling holders of social media accounts including, among others, Twitter, Instagram, Facebook, YouTube, Blogs and LinkedIn, referred to as influencers, to get in contact with brands and companies, referred to as advertisers, for the development of advertising campaigns using sponsored messages.
Access to SocialPubli.com is free of charge excepting the connection cost through the telecommunications network provided by the corresponding access provider that will be borne by the User at his own expense and risk.
The use of SocialPubli.com confers the condition of User and implies the acceptance of all the terms included in these General Conditions. The User must read these General Conditions carefully each time they access SocialPubli.com, since they may be modified and it will be understood that the modifications are accepted upon access.
SOCIALPUBLI reserves the right to make, at any time and without prior notice, any modification or update of the contents and services of SocialPubli.com, of these General Conditions and, in general, of elements that form part of the design and configuration of SocialPubli.com, which will be duly notified.
2.2 REGISTRATION REQUIREMENT
As a general rule, User Registration will be necessary for access to the services and contents of SocialPubli.com.
Data entered by the User must be accurate, current and true. The registered User will be responsible at all times for the custody of his or her password, assuming consequently any damages and losses that could be derived from its improper use, as well as the transfer, disclosure or loss thereof. To that effect, access to restricted areas and/or the use of the services and contents carried out with the password of a registered User shall be deemed to be carried out by the said registered User, who shall in any case be liable for the said access and use.
2.3 ADVERTISERS AND ADVERTISING AGENCIES
Advertisers may contract, directly or through an Advertising Agency, advertising campaigns on SocialPubli.com through sponsored mentions.
2.4 INFLUENCERS AND ACCOUNT MANAGERS
Influencers will link SocialPubli.com directly to their social networking accounts (it is also possible through an Account Manager that legally represents them), and they will freely set up their profile, the type of advertisers or brands on which they would like to advertise, selecting the corresponding categories.
SocialPubli.com generates a price for each sponsored mention for each of the influencers' accounts through an algorithm, taking into account the popularity and relevance of each influencer based on different parameters (number of followers, frequency of sending mentions, followers activity, favorites, etc.).
The payment for each advertising campaign to the influencers will be effected after the sponsored mention is made in the manner indicated on the platform.
The payment for all advertising campaigns by advertisers must be made at the beginning of the campaigns and, therefore, before the sponsored mentions are made.
2.6 PAYMENT METHOD
SOCIALPUBLI will issue monthly remittances that will include all the income actually received and the percentage that corresponds to the influencers or, where applicable, to the Account Managers.
Payments will be made by bank transfer (available only within Spanish territory) and PayPal. To this effect, the influencers or, where applicable, the Account Managers must provide SOCIALPUBLI with details of an active checking account.
Taxes and charges will be in line with the provisions of the current legislation and advertisers and influencers, or those who on their behalf and with due authorization manage their accounts, will be responsible for compliance with labor, civil, commercial, tax obligations and the payment of Social Security for the personnel assigned for the performance of its activities.
2.7 OBLIGATIONS OF ADVERTISERS AND INFLUENCERS
Influencers, or those who on their behalf and with due authorization manage their accounts, may reject the insertion of advertisement from a specific advertiser, service or product proposed by the advertiser or SOCIALPUBLI, without this implying a breach of contract.
In the same vein, texts of the sponsored mentions will be proposed by the advertisers, the influencers, or those who on their behalf and with due authorization manage their accounts must, give their express consent or their rejection prior to the publication on their Twitter account or on the rest of their social networking acounts.
Advertisers and influencers, or those who on their behalf and duly authorized manage their accounts, will be solely responsible for the content of the texts that are published and undertake to ensure that these texts do not include content contrary to the rights of third parties, to the laws, morality or public order, and that advertising campaigns conform to the regulations related to advertising, information society services and electronic commerce, consumers and users, competition law, as well as other regulations that might be applicable. Under no circumstances will this be a responsibility of SOCIALPUBLI. In the event that a third party communicates to SOCIALPUBLI that a published content contravenes the aforementioned, SOCIALPUBLI will withdraw the content and communicate this to the advertiser or influencer who published it.
2.8 INDEPENDENT AND EXCLUSIVE CONTROL PANEL
Influencers accounts will be available in the General Panel of SocialPubli.com and, therefore, any advertiser or brand may propose advertising campaigns to these accounts in accordance with these General Conditions.
2.9 USAGE RULES OF SOCIALPUBLI.COM
The User agrees to use SocialPubli.com and all its contents and services in accordance with the law, morals, public order, and these General Conditions. In addition, one is obliged to make proper use of the services and/or contents of SocialPubli.com and not use them to carry out illegal activities or activities constituting to criminal offences, that violate the rights of third parties and/or that infringe the regulation on intellectual and industrial property, or any other regulation of the applicable legal system.
The User undertakes not to transmit, introduce, disseminate and make available to third parties, any type of material and information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morals, public order and these General Conditions.
The User undertakes to keep SOCIALPUBLI free from any possible claim, fine, penalty or sanction that it may be forced to bear as a result of the User's failure to comply with any of the aforementioned usage rules, and SOCIALPUBLI reserves the right to request compensation for damages and losses that apply.
An unconditional and irrevocable license, non-exclusive and free from all exploitation rights. The license granted is global, totally transferable and its term will be the longest permitted by law to enable the modification, adaptation, reproduction, carrying out of derivative work, publication and/or use, and/or distribution and the authorization of the use of the copyrights related to its scope of use, both present and future, for both online and offline media, including, but not limited to: magazines, applications, web pages, social networks, videos etc.
2.10 EXCLUSION OF LIABILITY
SOCIALPUBLI assumes no responsibility for updating SocialPubli.com to keep the information up to date, nor does it guarantee that the published information is accurate or complete. Therefore, the User must confirm that the information published is accurate and complete before making any decision related to any service or content outlined in SocialPubli.com.
The User's access to SocialPubli.com does not imply for SOCIALPUBLI the obligation to ensure the absence of viruses, worms or other harmful computer elements. In any case, the User is responsible for the availability of adequate tools for the detection and disinfection of harmful computer programs.
SOCIALPUBLI is not responsible for damages caused to the software and computer equipment of the Users or third parties during the use of the services offered on SocialPubli.com.
SOCIALPUBLI is not responsible for damages or losses of any kind caused to the User that lead to failures or disconnections in the telecommunications networks which in turn cause the suspension, cancellation or interruption of the SocialPubli.com service during the provision of service or prior to it.
2.11 CONTENT AND SERVICES LINKED ACROSS THE WEBSITE
The access service to SocialPubli.com includes linking technical devices, directories and even search tools that allow the User to access other pages and Internet Portals (hereinafter, 'Linked Sites'). Under no circumstances, does the existence of Linked Sites presuppose the formalization of agreements with those responsible for them, or the recommendation, promotion or identification of SOCIALPUBLI with the statements, contents or services provided. Any benefit and/or services offered by third parties, neither belong to nor are under the control of SOCIALPUBLI.
SOCIALPUBLI does not possess information about the content and services of the Linked Sites and, therefore, is not responsible for the damages caused by the illegality, quality, outdating, unavailability, error and uselessness of the contents and/or services of the Linked Sites or by other damages not directly attributable to SOCIALPUBLI.
Thus, the User is solely responsible for the illegitimate use of the services, content and links included in SocialPubli.com.
2.12 INTELLECTUAL AND INDUSTRIAL PROPERTY
All the contents of SocialPubli.com, understood by them, by way of example, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as graphic design and souce codes, are the intellectual property of SOCIALPUBLI or third parties, without any of the exploitation rights recognized by current regulations on intellectual property on them can be understood as assigned to the user.
The brands, commercial names or distinctive signs that appear on the SocialPubli.com website are owned by SOCIALPUBLI or third parties, without being understood that access to SocialPubli.com attributes any right over them, SOCIALPUBLI is not reponsible for the illegitimate use that third parties may make of trademarks, commercial and product names or distinctive signs that are not the property of the said entity, that appear in SocialPubli.com.
By virtue of this Agreement, the "User" assigns all the Intellectual and Industrial Property Rights - as defined below - on the materials object of the provision of the Services ("Materials"), as well as on the voice, name and image of the people who appear in these, so that the Clients can carry out, by themselves or through third parties, their reproduction, distribution, transformation and public communication (including making them available to the public by wired or wireless means) , with the power to assign or sublicense the rights to third parties (these assignments or licenses may be in whole or in part, exclusively or not, onerous or free).
The "user" acknowledges and accepts that some Materials may remain, after the term of this Agreement, stored indefinitely in virtual repositories, social networks and web pages of the Clients, without them using them for an active promotional purpose. This residual and organic use of the Intellectual Property Rights and image will not give rise to the payment of any additional counter-benefit to the "user".
In relation to the above, the "user" declares and guarantees:
2.13 NULLITY AND INEFFECTIVENESS OF THE CLAUSES
If any clause included in these General Conditions is declared totally or partially, null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, the present General Conditions subsisting in everything else, considering such provision totally or partially as not included.
2.14 APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
These General Conditions shall be regulated and interpreted to conform to Spanish law. SOCIALPUBLI and the User agree to submit any dispute that may arise from the provision of the services subject to these General Conditions, to the Courts and Tribunals of the city of Madrid (Spain).
2.15 GROUNDS FOR ACCOUNT DELETION
SOCIALPUBLI reserves the right to eliminate from the platform any account promoting illegal, sexual or racist content, or any form of content that may affect a specific sector of the population, as well as accounts trying to abuse the platform.
2.16 ABUSE OF THE PLATFORM
Any action to try to obtain greater benefits is considered abuse of the platform; such as: asking clicks on promoted links, using bots, altering in any way the original message posted from the platform, clicking on your account, pasting the link on sites other than Twitter, Instagram, Facebook, YouTube, Blogs and LinkedIn or any form that a platform administrator considers as an abuse by the user. SOCIALPUBLI also reserves the right to deny payment or cancel a user account without previous notice, in the case of repeated abuse by the user.
3. COLLECTION POLICY
3.1 COLLECTION PROCESS AND REQUIREMENTS
The SOCIALPUBLI system will verify that the mention is not deleted from the user's Twitter, Instagram, Facebook, YouTube, Blogs and LinkedIn account; If the mention is deleted, the amount paid will be withdrawn from the user's account without the latter being entitled to recover it.
To collect and withdraw their earnings, the user must have a minimum of $50 (fifty dollars) via PayPal or bank transfer (option available only within the Spanish territory) in the section “My income” or otherwise, you will not be able to withdraw your earnings from the system until you reach that requested minimum.
Any collection of profits, for publications of sponsored mentions, will be subject to the corresponding commissions that PayPal or the banking entity imposes on it; consequently, total earnings may vary at the time of withdrawal.
4. ADVERTISING RULES OF SOCIALPUBLI
4.1 ADVERTISING PHILOSOPHY
At SOCIALPUBLI, we believe that promoted mentions should contribute and be relevant to the general experience of the user. The best promoted mentions are those that are adapted to appeal to people, their friends, and their followers which interact with brands, artists, and companies of interest to them. These guidelines are not intended as legal counsel and they do not necessarily constitute imply legal compliance. Advertisers are responsible for guaranteeing that their sponsored mentions comply with all corresponding laws, statutes, and regulations that stem from an advertising campaign.
4.2 GENERAL PROVISIONS
a) Our advertising rules consist of criteria on advertising content, community rules, and other applicable requirements.
c) Sponsored mentions should always comply with all policies of SOCIALPUBLI.
d) Sponsored mentions should not contain false, deceptive, or fraudulent claims in their content.
4.3 CREATIVITY AND POSITIONING
Every component of a sponsored mention, including whatever text, images, or other media, should be relevant and appropriate for the product or service offered and to the public that the advertisement is directed to. Sponsored mentions may not contain audio or flash animation that starts automatically without user interaction. Sponsored mentions should not target products or services in a sexually suggestive manner. Advertisements should not include content that exploits political programs or "hot" topics for commercial use. Furthermore, the text of the advertisement should include grammar and usage of all symbols, numbers, or letters that should reflect the true significance of the brand.
Sponsored mentions should clearly represent the company, product, service, or brand that is being advertised. The products and services promoted in the text of the mention should be clearly indicated on the landing page and cannot offer prohibited products or services. Furthermore, sponsored mentions may not suggest false relevance or generic offers.
4.5 LANDING PAGES
Advertisements should have a landing page that functions and does not interfere with the ability of the user to navigate outside the page.
Sponsored mentions must always apply the appropriate guidance and never use the targeting criteria to provoke users. Advertisements of regulated goods and services (for example, alcohol and gambling), should abide by all the laws, regulations, and codes of the industry.
4.7 CONTENT OF THE ADVERTISEMENT
Advertisers must ensure that their sponsored mentions comply with all applicable laws, regulations, and guidelines in the country to which the advertising is directed and, in any case, comply with those applicable in the state whose jurisdiction and laws are applicable in accordance with the present general contracting conditions. All advertisement claims must be duly substantiated. Sponsored mentions should not offend users. Sponsored mentions should not be false, misleading or contain spam. Sponsored mentions should not contain or promote illegal products or services. Sponsored mentions should not violate the rights of third parties. The following specific content guidelines are applicable:
a) Adult products
Sponsored mentions may not promote the sale or use of adult products or services, including, but not limited to toys, videos, publications, live shows, or sexual enhancement products. Family planning announcements and contraceptive methods are allowed, as long as they follow the appropriate focus requirements.
Sponsored mentions that promote or refer to alcohol are prohibited in the following countries: Afghanistan, Brunei, Bangladesh, Egypt, Gambia, Kuwait, Libya, the Netherlands, Pakistan, Russia, Saudi Arabia, United Arab Emirates, Yemen and any other jurisdiction where such advertisements are prohibited by law. When permitted, sponsored mentions that promote alcohol should: Comply with all local laws, requirements or codes recommended by the industry, guides, licenses, approval, and local laws. When the age of a user or country cannot be determined, the advertisement should not be shown to the user.
Sponsored mentions referring to adult friend seekers or dating sites with 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 drug and tobacco paraphernalia.
e) Betting and Lotteries
Sponsored mentions that promote or facilitate online gambling, skill games or lotteries, including online casino, sports betting, bingo or poker are only allowed in specific countries with prior authorization from SOCIALPUBLI. Lotteries managed by government entities may advertise in SOCIALPUBLI, provided that the sponsored mentions must be subject to the applicable legislation in the jurisdiction in which the advertisements are projected and can only be targeted to users in the jurisdiction in which that lottery is available. Sponsored mentions that promote off-line gambling establishments, such as offline casinos, in accordance with laws and regulations, are generally permitted, provided that the advertisements are properly targeted.
f) Pharmaceutical products and supplements
Advertisements should not promote the sale of prescription pharmaceutical products. Online pharmacy advertisements are prohibited except those that SOCIALPUBLI approves with prior review. Sponsored mentions that support herbal dietary supplements are generally allowed; however, those that promote products that contain anabolic steroids, chitosan, comfrey, dehydroepiandrosterone, ephedra, human growth hormones, melatonin, and any additional products considered unsafe are not allowed.
The sponsored messages cannot contain or link, directly or indirectly, to a website containing spyware/malware or a download of any software that may result in an unexpected, deceiving or dishonest experience for the user, including but not limited to software that:
i. "infiltrates" the user's system;
ii. performs activities that are hidden from the user;
iii. may alter, damage, disable or change any hardware or software installed on the user's computer without the explicit consent of the user;
iv. is included as a hidden component of another software, whether free or paid;
v. automatically downloads programs without the prior explicit authorization of SOCIALPUBLI;
vi. presents download dialog boxes without user action;
vii. may violate or infringe upon the intellectual property rights of any third party, including copyright, trademark, patent or any property right.
4.8 SUBSCRIPTION SERVICES
Sponsored mentions that promote subscription services, or the promotion of products or services that include negative options, automatic renewal, billing conversion products, or mobile marketing are subject to the following requirements:
· i. The text of the sponsored mention must clearly reveal and highlight the recurring billing component (for example, "subscription required").
· ii. The landing page must:
a. show the price and billing interval where the user is asked to enter personally identifiable information;
b. include a participation option with checkbox control, and
c. include information of how to cancel your subscription or membership.
· iii. Each of the above should be located prominently on the landing page, and should be easy to find, read, and understand.
4.9 UNACCEPTABLE BUSINESS MODEL
Sponsored mentions cannot promote a business or practice model that is considered by SOCIALPUBLI to be unacceptable or contrary to SOCIALPUBLI's global advertising philosophy or any applicable law, including, but not limited to multi-level marketing plans.
4.10 WEAPONS AND EXPLOSIVES
Sponsored mentions cannot promote the sale or use of weapons, ammunition or explosives.
4.11 COMMUNITY RULES
Sponsored mentions that receive a lot of negative comments from users or are deemed to violate our community rules, are prohibited and may be deleted. In all cases, SOCIALPUBLI reserves the right, at its sole discretion to determine if the particular content violates community rules.
4.12 ILLEGAL ACTIVITY
Advertisements may not constitute, facilitate or promote illegal activities.
Advertisements may not insult, attack, harass, intimidate, threaten, degrade or impersonate others.
4.14 HATE SPEECH
Sponsored mentions may not contain "hate speech", whether addressed to an individual or a group, on grounds of membership in certain categories. These categories include, but are not limited to, race, sex, creed, national origin, religion, marital status, sexual orientation, gender identity or language.
Sponsored mentions that are targeted to minors cannot promote products or services that are illegal for minors to use in their jurisdiction, or that can be considered unsafe or inappropriate.
4.16 SEX / NUDITY
Sponsored mentions may not allude to adult content, including nudity, representations of persons in explicit or suggestive positions, or activities that are too sexually suggestive or provocative.
4.17 SHOCK VALUE
Sponsored mentions may neither make allusion to excessive violence.
4.18 RIGHTS OF OTHERS
Sponsored mentions may not include content that infringes or violates the rights of any third-party, including copyright, trademark, privacy, publicity, or other personal or property rights.
4.19 ADVERTISING RULES AND CRITERIA OF SOCIALPUBLI
We reserve the right to refuse, approve or withdraw any sponsored mention for any reason, at our sole discretion, including advertisements that adversely affect our relationship with our users or promote the content, services or activities, contrary to our competitive position, interests, or advertising philosophy. These guidelines are subject to change at any moment.
5. COMMERCIAL RELATIONSHIP AND FISCAL RESPONSIBILITY FOR INCOME EARNED
5.1 AWARDING OF THE COMMERCIAL COMMISSION CONTRACT
The USER who receives income for the effective collection of any amount on the SocialPubli.com website accepts from that moment to submit a Commercial Commission Contract form with SOCIALPUBLI S.L., which states the following:
· SOCIALPUBLI S.L. will make the corresponding payments to the users who publish sponsored mentions through the Internet transfer system called ‘PayPal’ with the account in the name of SOCIALPUBLI S.L. or by bank transfer (option available only within the Spanish territory). For this purpose, users must provide SOCIALPUBLI with the corresponding data of their ‘PayPal’ account or, in the case of bank transfer, their active checking account in which they wish to receive the income from their activity on the website.
· THE USER must provide all required information during registration on the web page including: name, age, sex, country, and state.
· All fiscal responsibility derived from the income received from the activity of publication of sponsored mentions will be the sole responsibility of the USER at all times.
· SOCIALPUBLI S.L. will not be responsible for any incorrect or omitted data that the USER provides in the registration section and/or in his pay ‘PayPal’ account or active checking account.
· Between SOCIALPUBLI S.L. and the USER, there will be no job relationship at any time; therefore, SOCIALPUBLI S.L. declines all tax obligations belonging to the USER due to the collection of income derived from the publication of sponsored mentions.
6. PRIVACY NOTICE
These Terms and Conditions have been revised and published on March 23, 2020.